| (iv) During the period of permit suspension, the operator
shall comply with all applicable well testing requirements of §3.14
of this title (relating to plugging, and commonly referred to as Statewide
Rule 14) but need not perform the MIT test that would otherwise be
required under the provisions of paragraph (12)(D) of this section
or the permit. Further, during the period of permit suspension, the
provisions of paragraph (11)(A) - (C) of this section shall not apply.
(v) The operator may reinstate injection authority
under a suspended permit by filing a written notification with the
commission in Austin. The written notification shall be accompanied
by an MIT test performed during the three-month period prior to the
date notice of reinstatement is filed. The MIT test shall have been
performed in accordance with the provisions and standards of paragraph
(12)(D) of this section.
(7) Area of Review.
(A) Except as otherwise provided in this paragraph,
the applicant shall review the date of public record for wells that
penetrate the proposed disposal zone within a 1/4 mile radius of the
proposed disposal well to determine if all abandoned wells have been
plugged in a manner that will prevent the movement of fluids from
the disposal zone into freshwater strata. The applicant shall identify
in the application any wells which appear from such review of public
records to be unplugged or improperly plugged and any other unplugged
or improperly plugged wells of which the applicant has actual knowledge.
(B) The commission or its delegate may grant a variance
from the area-of-review requirements of subparagraph (A) of this paragraph
upon proof that the variance will not result in a material increase
in the risk of fluid movement into freshwater strata or to the surface.
Such a variance may be granted for an area defined both vertically
and laterally (such as a field) or for an individual well. An application
for an areal variance need not be filed in conjunction with an individual
permit application or application for permit amendment. Factors that
may be considered by the commission or its delegate in granting a
variance include:
(i) the area affected by pressure increases resulting
from injection operations;
(ii) the presence of local geological conditions that
preclude movement of fluid that could endanger freshwater strata or
the surface; or
(iii) other compelling evidence that the variance will
not result in a material increase in the risk of fluid movement into
freshwater strata or to the surface.
(C) Persons applying for a variance from the area-of-review
requirements of subparagraph (A) of this paragraph on the basis of
factors set out in subparagraph (B)(ii) or (iii) of this paragraph
for an individual well shall provide notice of the application to
those persons given notice under the provisions of paragraph (5)(A)
of this subsection. The provisions of paragraph (5)(D) and (E) shall
apply in the case of an application for a variance from the area-of-review
requirements for an individual well.
(D) Notice of an application for an areal variance
from the area-of-review requirements under subparagraph (A) of this
paragraph shall be given on or before the date the application is
filed with the commission:
(i) by publication once in a newspaper having general
circulation in each county, or portion thereof, where the variance
would apply. Such notice shall be in a form approved by the commission
or its delegate prior to publication and must be at least three inches
by five inches in size. The notice shall state that protests to the
application may be filed with the commission during the 15-day period
following the date of publication. The notice shall appear in a section
of the newspaper containing state or local news items;
(ii) by mailing or delivering a copy of the application,
along with a statement that any protest to the application should
be filed with the commission within 15 days of the date of the application
is filed with the commission, to the following:
(I) the manager of each underground water conservation
district(s) in which the variance would apply, if any;
(II) the city clerk or other appropriate official of
each incorporated city in which the variance would apply, if any;
(III) the county clerk of each county in which the
variance would apply; and
(IV) any other person or persons that the commission
or its delegate determine should receive notice of the application.
(E) If a protest to an application for an areal variance
is made to the commission by an affected person, local government,
underground water conservation district, or other state agency within
15 days of receipt of the application or of publication, whichever
is later, or if the commission's delegate determines that a hearing
on the application is in the public interest, then a hearing will
be held on the application after the commission provides notice of
the hearing to all local governments, underground water conservation
districts, state agencies, or other persons, who express an interest,
in writing, in the application. If no protest from an affected person
is received by the commission, the commission's delegate may administratively
approve the application. If the application is denied administratively,
the person(s) filing the application shall have a right to hearing
upon request. After hearing, the examiner shall recommend a final
action by the commission.
(F) An areal variance granted under the provisions
of this paragraph may be modified, terminated, or suspended by the
commission after notice and opportunity for hearing is provided to
each person shown on commission records to operate an oil or gas lease
in the area in which the proposed modification, termination, or suspension
would apply. If a hearing on a proposal to modify, terminate, or suspend
an areal variance is held, any applications filed subsequent to the
date notice of hearing is given must include the area-of-review information
required under subparagraph (A) of this paragraph pending issuance
of a final order.
(8) Casing. Disposal wells shall be cased and the casing
cemented in compliance with §3.13 of this title (relating to
Casing, Cementing, Drilling, and Completion Requirements) in such
a manner that the injected fluids will not endanger oil, gas, geothermal
resources, or freshwater resources.
(9) Special equipment.
(A) Tubing and packer. Wells drilled or converted for
disposal shall be equipped with tubing set on a mechanical packer.
Packers shall be set no higher than 100 feet above the top of the
permitted interval. For purposes of this section, the term "tubing"
refers to a string of pipe through which injection may occur and which
is neither wholly nor partially cemented in place. A string of pipe
that is wholly or partially cemented in place is considered casing
for purposes of this section.
(B) Pressure valve. The wellhead shall be equipped
with a pressure observation valve on the tubing and for each annulus
of the well.
(C) Exceptions. The director may grant an exception
to any provision of this paragraph upon proof of good cause. If the
director denies an exception, the operator shall have a right to a
hearing upon request. After hearing, the examiner shall recommend
a final action by the commission.
(10) Well record. Within 30 days after the completion
or conversion of a disposal well, the operator shall file in duplicate
in the district office a complete record of the well on the appropriate
form which shows the current completion.
(11) Monitoring and reporting.
(A) The operator shall monitor the injection pressure
and injection rate of each disposal well on at least a monthly basis,
or on a more frequent basis as required by the commission under conditions
described in paragraph (3)(C) of this section.
(B) The results of the monitoring shall be reported
annually to the commission on the prescribed form, or on a more frequent
basis as required by the commission under conditions described in
paragraph (3)(C) of this section.
(C) All monitoring records shall be retained by the
operator for at least five years.
(D) The operator shall report to the appropriate District
Office within 24 hours any significant pressure changes or other monitoring
data indicating the presence of leaks in the well.
(12) Testing.
(A) Purpose. The mechanical integrity of a disposal
well shall be evaluated by conducting pressure tests to determine
whether the well tubing, packer, or casing have sufficient mechanical
integrity to meet the performance standards of this rule, or by alternative
testing methods under subparagraph (E) of this paragraph.
(B) Applicability. Mechanical integrity of each disposal
well shall be demonstrated in accordance with provisions of subparagraph
(D) and subparagraph (E) of this paragraph prior to initial use. In
addition, mechanical integrity shall be tested periodically thereafter
as described in subparagraph (C) of this paragraph.
Cont'd... |
