| (ii) neither the operator nor any other entity responsible
for plugging the well has assets with which to plug the well.
(B) Without a hearing if the well is a delinquent inactive
well and:
(i) the Commission has sent notice of its intention
to plug the well as required by §89.043(c) of the Texas Natural
Resources Code; and
(ii) the operator did not request a hearing within
the period (not less than 10 days after receipt) specified in the
notice.
(C) Without notice or hearing, if:
(i) the Commission has issued a final order requiring
that the operator plug the well and the order has not been complied
with; or
(ii) the well poses an immediate threat of pollution
of surface or subsurface waters or of injury to the public health
and the operator has failed to timely remediate the problem.
(4) The Commission may seek reimbursement from the
operator and any other entity responsible for plugging the well for
state funds expended pursuant to paragraph (3) of this subsection.
(c) Designated operator responsible for proper plugging.
(1) The entity designated as the operator of a well
specifically identified on the most recent Commission-approved operator
designation form filed on or after September 1, 1997, is responsible
for properly plugging the well in accordance with this section and
all other applicable Commission rules and regulations concerning plugging
of wells.
(2) As to any well for which the most recent Commission-approved
operator designation form was filed prior to September 1, 1997, the
entity designated as operator on that form is presumed to be the entity
responsible for the physical operation and control of the well and
to be the entity responsible for properly plugging the well in accordance
with this section and all other applicable Commission rules and regulations
concerning plugging of wells. The presumption of responsibility may
be rebutted only at a hearing called for the purpose of determining
plugging responsibility.
(d) General plugging requirements.
(1) Wells shall be plugged to insure that all formations
bearing usable quality water, oil, gas, or geothermal resources are
protected. All cementing operations during plugging shall be performed
under the direct supervision of the operator or his authorized representative,
who shall not be an employee of the service or cementing company hired
to plug the well. Direct supervision means supervision at the well
site during the plugging operations. The operator and the cementer
are both responsible for complying with the general plugging requirements
of this subsection and for plugging the well in conformity with the
procedure set forth in the approved notice of intention to plug and
abandon for the well being plugged. The operator and cementer may
each be assessed administrative penalties for failure to comply with
the general plugging requirements of this subsection or for failure
to plug the well in conformity with the approved notice of intention
to plug and abandon the well.
(2) Cement plugs shall be set to isolate each productive
horizon and usable quality water strata. Plugs shall be set as necessary
to separate multiple usable quality water strata by placing the required
plug at each depth as determined by the Groundwater Advisory Unit
of the Oil and Gas Division. The operator shall verify the placement
of the plug required at the base of the deepest usable quality water
stratum by tagging with tubing or drill pipe or by an alternate method
approved by the district director or the district director's delegate.
(3) Cement plugs shall be placed by the circulation
or squeeze method through tubing or drill pipe. Cement plugs shall
be placed by other methods only upon written request with the written
approval of the district director or the director's delegate.
(4) All cement for plugging shall be an approved API
oil well cement without volume extenders and shall be mixed in accordance
with API standards. Slurry weights shall be reported on the cementing
report. The district director or the director's delegate may require
that specific cement compositions be used in special situations; for
example, when high temperature, salt section, or highly corrosive
sections are present. An operator shall request approval to use alternate
materials, other than API oil well cement without volume extenders,
to plug a well by filing with the director or the director's delegate
a written request providing all pertinent information to support the
use of the proposed alternate material and plugging method. The director
or the director's delegate shall determine whether such a request
warrants approval, after considering factors which include but are
not limited to whether or not the well to be plugged was used as an
injection or disposal well; the well's history; the well's current
bottom hole pressure; the presence of highly pressurized formations
intersected by the wellbore; the method by which the alternative material
will be placed in the wellbore; and the compressive strength and other
performance specifications of the alternative material to be used.
The director or the director's delegate shall approve such a request
only if the proposed alternate material and plugging method will ensure
that the well does not pose a potential threat of harm to natural
resources.
(5) Operators shall use only cementers approved by
the director or the director's delegate, except when plugging is conducted
in accordance with subparagraph (B)(ii) of this paragraph or paragraph
(6) of this subsection. Cementing companies, service companies, or
operators may apply for designation as approved cementers. Approval
will be granted on a showing by the applicant of the ability to mix
and pump cement or other alternate materials as approved by the director
or the director's delegate in compliance with this rule. An approved
cementer is authorized to conduct plugging operations in accordance
with Commission rules in each Commission district.
(A) A cementing company, service company, or operator
seeking designation as an approved cementer shall file a request in
writing with the district director of the district in which it proposes
to conduct its initial plugging operations. The request shall contain
the following information:
(i) the name of the organization as shown on its most
recent approved organizational report;
(ii) a list of qualifications including personnel who
will supervise mixing and pumping operations;
(iii) length of time the organization has been in the
business of cementing oil and gas wells;
(iv) an inventory of the type of equipment to be used
to mix and pump cement or other alternate materials as approved by
the director or the director's delegate; and
(v) a statement certifying that the organization will
comply with all Commission rules.
(B) No request for designation as an approved cementer
will be approved until after the district director or the director's
delegate has:
(i) inspected all equipment to be used for mixing and
pumping cement or other alternate materials as approved by the director
or the director's delegate; and
(ii) witnessed at least one plugging operation to determine
if the cementing company, service company, or operator can properly
mix and pump cement or other alternate materials as approved by the
director or the director's delegate according to the specifications
required by this rule.
(C) The district director or the director's delegate
shall file a letter with the director or the director's delegate recommending
that the application to be designated as an approved cementer be approved
or denied. If the district director or the director's delegate does
not recommend approval, or the director or the director's delegate
denies the application, the applicant may request a hearing on its
application.
(D) Designation as an approved cementer may be suspended
or revoked for violations of Commission rules. The designation may
be revoked or suspended administratively by the director or the director's
delegate for violations of Commission rules if:
(i) the cementer has been given written notice by personal
service or by registered or certified mail informing the cementer
of the proposed action, the facts or conduct alleged to warrant the
proposed action, and of its right to request a hearing within 10 days
to demonstrate compliance with Commission rules and all requirements
for retention of designation as an approved cementer; and
(ii) the cementer did not file a written request for
a hearing within 10 days of receipt of the notice.
Cont'd... |
