(a) Applicability. Subsections (b) - (i), (k) - (n),
and (r) of this section apply to Class I wells except for salt cavern
disposal wells and those Class I wells authorized to inject only nonhazardous
desalination concentrate or nonhazardous drinking water treatment
residuals. For salt dome cavern disposal wells, only subsections (c),
(e) - (i), (k) - (l), (n) - (p), and (r) of this section apply. For
bedded salt cavern disposal wells, only subsections (e) - (h), (k)
- (l), (n) - (o), and (q) - (r) of this section apply. For Class I
wells authorized to inject only nonhazardous desalination concentrate
or nonhazardous drinking water treatment residuals, only subsections
(e) - (h), (n), and (r) of this section apply.
(b) For Class I wells, prior to closing the well, the
owner or operator shall observe and record the pressure decay for
a time specified by the executive director. The executive director
shall analyze the pressure decay and the transient pressure observations
conducted pursuant to §331.64 of this title (relating to Monitoring
and Testing Requirements) and determine whether the injection activity
has conformed with predicted values.
(c) For Class I wells, prior to well closure, appropriate
mechanical integrity testing shall be conducted to ensure the integrity
of that portion of the long string casing and cement that will be
left in the ground after closure. Testing methods may include:
(1) pressure tests with liquid or gas;
(2) radioactive tracer surveys for wells other than
salt cavern disposal wells;
(3) noise logs, temperature logs, pipe evaluation logs,
cement bond logs, or oxygen activation logs; and
(4) any other test required by the executive director.
(d) For Class I wells, prior to well closure the well
shall be flushed with a nonhazardous buffer fluid.
(e) In closure of all Class I wells, Class III wells,
and permitted Class V wells, a well shall be plugged in a manner which
will not allow the movement of fluids through the well, out of the
injection zone either into or between underground sources of drinking
waters (USDWs) or to the land surface. Well plugs shall consist of
cement or other materials that provide protection equivalent to or
greater than that provided by cement.
(f) The permittee shall notify the executive director
before commencing closure according to an approved plan. For Class
I wells this notice shall be given at least 60 days before commencement.
At the discretion of the executive director, a shorter notice period
may be allowed. The executive director shall review any revised, updated,
or additional closure plans.
(g) Placement of the plugs in the wellbore shall be
accomplished by an approved method that may include one of the following:
(1) the balance plug method;
(2) the dump bailer method;
(3) the two-plug method; or
(4) an alternate method, approved by the executive
director, that will reliably provide a comparable level of protection.
(h) Prior to closure, the well shall be in a state
of static equilibrium with the mud or nonhazardous fluid weight equalized
top to bottom, either by circulating the mud or fluid in the well
at least once or by a comparable method prescribed by the executive
director.
(i) Each plug used shall be appropriately tagged and
tested for seal and stability before closure is completed.
(j) The closure plan shall, in the case of a Class
III production zone which underlies or is in an exempted aquifer,
also demonstrate that no movement of contaminants that will cause
pollution from the production zone into a USDW or freshwater aquifer
will occur. The commission shall prescribe aquifer cleanup and monitoring
where deemed necessary and feasible to ensure that no migration of
contaminants that will cause pollution from the production zone into
a USDW or freshwater aquifer will occur.
(k) The following shall be considered in determining
the adequacy of a plugging and abandonment plan for Class I and III
wells:
(1) the type and number of plugs to be used;
(2) the placement of each plug including the elevation
of the top and bottom;
(3) the type, grade, and quantity of plugging material
to be used;
(4) the method of placement of the plugs;
(5) the procedure used to plug and abandon the well;
(6) any newly constructed or discovered wells, or information,
including existing well data, within the area of review;
(7) geologic or economic conditions;
(8) the amount, size, and location by depth of casings
and any other materials left in the well;
(9) the method and location where casing is to be parted
if applicable;
(10) the estimated cost of the plugging procedure;
and
(11) such other factors that may affect the adequacy
of the plan.
(l) For Class I wells only, a monument or other permanent
marker shall be placed at or attached to the plugged well before abandonment.
The monument shall state the permit number, date of abandonment, and
company name.
(m) Each owner of a Class I hazardous waste injection
well, and the owner of the surface or subsurface property on or in
which a Class I hazardous waste injection well is located, must record,
within 60 days after approval by the executive director of the closure
operations, a notation on the deed to the facility property or on
some other instrument which is normally examined during a title search
that will, in perpetuity, provide any potential purchaser of the property
the following information:
(1) the fact that land has been used to manage hazardous
waste;
(2) the name of the state agency or local authority
with which the plat was filed, as well as the Austin address of the
Underground Injection Control staff of the commission, to which it
was submitted; and
(3) the type and volume of waste injected, the injection
interval or intervals, and for salt cavern wells, the maximum cavern
radius into which it was injected, and the period over which injection
occurred.
(n) Within 30 days after completion of closure, the
permittee shall file with the executive director a closure report
on forms provided by the commission. The report shall be certified
as accurate by the owner or operator and by the person who performed
the closure operation (if other than the owner or operator). This
report shall consist of a statement that the well was closed in accordance
with the closure plan previously submitted and approved by the executive
director. Where the actual closure differed from the plan previously
submitted, a written statement shall be submitted specifying the differences
between the previous plan and the actual closure.
(o) For salt cavern disposal wells, prior to sealing
the cavern and plugging the well, the owner or operator shall complete
any pre-closure monitoring of the cavern and its contents required
by rule or permit.
(p) For salt dome cavern disposal wells, the cavern
shall be closed according to §331.170 of this title (relating
to Cavern Closure).
(q) For bedded salt cavern disposal wells, the cavern
shall be closed according to §331.250 of this title (relating
to Bedded Salt Cavern Closure).
(r) The obligation to implement the closure plan survives
the termination of a permit or the cessation of injection activities.
The requirement to maintain and implement an approved plan is directly
enforceable regardless of whether the closure plan requirement is
a condition of the permit.
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Source Note: The provisions of this §331.46 adopted to be effective May 13, 1986, 11 TexReg 1982; amended to be effective July 5, 1989, 14 TexReg 3047; amended to be effective June 22, 1992, 17 TexReg 4097; amended to be effective April 28, 1997, 22 TexReg 3526; amended to be effective November 23, 2000, 25 TexReg 11433; amended to be effective July 10, 2008, 33 TexReg 5342; amended to be effective March 12, 2009, 34 TexReg 1638; amended to be effective August 16, 2012, 37 TexReg 6078 |