| (a) Corrective action standards for all wells. In determining
the adequacy of corrective action proposed or required to prevent
or correct pollution of underground sources of drinking waters (USDWs),
and fresh or surface water, the following factors shall be considered:
(1) toxicity and volume of the injected fluid;
(2) toxicity of native fluids and by-products of injection;
(3) population potentially affected;
(4) geology and hydrology;
(5) history of the injection operation;
(6) completion and plugging records;
(7) abandonment procedures in effect at the time a
well was abandoned;
(8) hydraulic connections with USDWs, and fresh or
surface water;
(9) reliability of the procedures used to identify
abandoned wells;
(10) any other factors which might affect the movement
of fluids into or between USDWs; and
(11) for Class III wells only, when setting corrective
action requirements the executive director shall consider the overall
effect of the project on the hydraulic gradient in potentially affected
USDWs, and the corresponding changes in potentiometric surfaces(s)
and flow directions(s) rather than the discrete effect of each well.
If a decision is made that corrective action is not necessary based
on the determinations in this paragraph, the monitoring program required
in §331.84 of this title (relating to Monitoring Requirements)
shall be designed to verify the validity of those determinations.
(b) Additional corrective action standards for Class
I wells.
(1) For such wells within the area of review which
are in the opinion of the executive director inadequately constructed,
completed, plugged, or abandoned, or for which plugging or completion
information is unavailable, the applicant shall also submit a plan
consisting of such steps or modifications as are necessary to prevent
movement of fluids into or between USDWs or freshwater aquifers. Where
such a plan is adequate, the commission shall incorporate it into
the permit as a condition. Where the executive director's review of
an application indicates that the permittee's plan is inadequate the
executive director shall:
(A) require the applicant to revise the plan;
(B) prescribe a plan for corrective action as a condition
of the permit; or
(C) deny the application.
(2) The criteria of subsection (a) of this section
will be used to determine adequacy.
(3) Any permit issued for a Class I well which was
authorized prior to August 25, 1988, by an approved state program
or an EPA-administered program or a well which has become a Class
I well as a result of a change in the definition of the injected waste
which would render the waste hazardous under §331.2 of this title
(relating to Definitions) and which require corrective action other
than pressure limitations shall include a compliance schedule requiring
any corrective action accepted or prescribed under this section. Any
such compliance schedule shall provide for compliance no later than
two years following issuance of the permit and shall require observance
of appropriate pressure limitations under paragraph (4) of this subsection
until all other corrective action measures have been implemented.
(4) As part of the corrective action plan, the commission
may impose an injection pressure limitation that does not cause the
pressure in the injection zone to be sufficient to drive fluids into
or between USDWs or freshwater aquifers in those wells described in
subsection (a) of this section, which condition shall expire upon
adequate completion of all corrective action measures.
(5) Action prescribed by a corrective action plan for
new wells or new areas must be completed to the satisfaction of the
executive director before operation of the well begins.
(6) In the event that, after an authorization for injection
has been granted, additional information is submitted or discovered
that a well within the applicable area of review might pose a hazard
to a USDW or freshwater aquifer, the commission may prescribe a corrective
action plan and compliance schedule as a condition for continued injection
activities.
(7) If at any time the operator cannot assure the continuous
attainment of the performance standard in §331.62(a)(5) of this
title (relating to Construction Standards), the executive director
may require a corrective action plan and compliance schedule. The
operator must demonstrate compliance with the performance standard,
as a condition for receiving approval of continued operation of the
well. The executive director also may require permit changes to provide
for additional testing and/or monitoring of the well to insure the
continuous attainment of the performance standard. The commission
may order closure of the well if the operator fails to demonstrate,
to the executive director's satisfaction, that the performance standard
is satisfied.
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| Source Note: The provisions of this §331.44 adopted to be effective May 13, 1986, 11 TexReg 1982; amended to be effective July 5, 1989, 14 TexReg 3047; amended to be effective January 2, 1995, 19 TexReg 10099; amended to be effective April 28, 1997, 22 TexReg 3526; amended to be effective November 23, 2000, 25 TexReg 11433; amended to be effective August 16, 2012, 37 TexReg 6078 |
