| (a) Definitions and application to plug.
(1) The following words and terms, when used in this
section, shall have the following meanings, unless the context clearly
indicates otherwise:
(A) Approved cementer--A cementing company, service
company, or operator approved by the Commission or its delegate to
mix and pump cement for the purpose of plugging a well in accordance
with the provisions of this section. The term shall also apply to
a cementing company, service company, or operator authorized by the
Commission or its delegate to use an alternate material other than
cement to plug a well.
(B) Funnel viscosity--Viscosity as measured by the
Marsh funnel, based on the number of seconds required for 1,000 cubic
centimeters of fluid to flow through the funnel.
(C) Groundwater conservation district--Any district
or authority created under §52, Article III, or §59, Article
XVI, Texas Constitution, that has the authority to regulate the spacing
of water wells, the production from water wells, or both.
(D) Operator designation form--A certificate of compliance
and transportation authority or an application to drill, deepen, recomplete,
plug back, or reenter that has been completed, signed, and filed with
the Commission or its delegate.
(E) Productive horizon--Any stratum known to contain
oil, gas, or geothermal resources in producible quantities in the
vicinity of an unplugged well.
(F) Related piping--The surface piping and subsurface
piping that is less than three feet beneath the ground surface between
pieces of equipment located at any collection or treatment facility.
Such piping would include piping between and among headers, manifolds,
separators, storage tanks, gun barrels, heater treaters, dehydrators,
and any other equipment located at a collection or treatment facility.
The term is not intended to refer to lines, such as flowlines, gathering
lines, and injection lines that lead up to and away from any such
collection or treatment facility.
(G) Reported production--Production of oil or gas,
excluding production attributable to well tests, accurately reported
to the Commission or its delegate on Form PR, Monthly Production Report.
(H) Serve notice on the surface owner or resident--To
hand deliver a written notice identifying the well or wells to be
plugged and the projected date the well or wells will be plugged to
the surface owner, or resident if the owner is absent, at least three
days prior to the day of plugging or to mail the notice by first class
mail, postage pre-paid, to the last known address of the surface owner
or resident at least seven days prior to the day of plugging.
(I) Usable quality water strata--All strata determined
by the Groundwater Advisory Unit of the Oil and Gas Division to contain
usable quality water.
(J) Written notice--Notice actually received by the
intended recipient in tangible or retrievable form, including notice
set out on paper and hand-delivered, facsimile transmissions, and
electronic mail transmissions.
(2) The operator shall give the Commission notice of
its intention to plug any well or wells drilled for oil, gas, or geothermal
resources or for any other purpose over which the Commission has jurisdiction,
except those specifically addressed in §3.100(e)(1) of this title
(relating to Seismic Holes and Core Holes) (Statewide Rule 100), prior
to plugging. The operator shall deliver or transmit the written notice
to the district office on the appropriate form.
(3) The operator shall cause the notice of its intention
to plug to be delivered to the district office at least five days
prior to the beginning of plugging operations. The notice shall set
out the proposed plugging procedure as well as the complete casing
record. The operator shall not commence the work of plugging the well
or wells until the proposed procedure has been approved by the district
director or the director's delegate. The operator shall not initiate
approved plugging operations before the date set out in the notification
for the beginning of plugging operations unless authorized by the
district director or the director's delegate. The operator shall notify
the district office at least four hours before commencing plugging
operations and proceed with the work as approved. The district director
or the director's delegate may grant exceptions to the requirements
of this paragraph concerning the timing of notices when a workover
or drilling rig is already at work on location, and ready to commence
plugging operations. Operations shall not be suspended prior to plugging
the well unless the hole is cased and casing is cemented in place
in compliance with Commission rules. The Commission's approval of
a notice of intent to plug and abandon a well shall not relieve an
operator of the requirement to comply with subsection (b)(2) of this
section, nor does such approval constitute an extension of time to
comply with subsection (b)(2) of this section.
(4) The surface owner and the operator may file an
application to condition an abandoned well located on the surface
owner's tract for usable quality water production operations. The
application shall be made on Commission Form P-13, the Application
of Landowner to Condition an Abandoned Well for Fresh Water Production.
(A) Standard for Commission Approval. Before the Commission
will consider approval of an application:
(i) the surface owner shall assume responsibility for
plugging the well and obligate himself, his heirs, successors, and
assignees to complete the plugging operations;
(ii) the operator responsible for plugging the well
shall place all cement plugs required by this rule up to the base
of the usable quality water strata; and
(iii) the surface owner shall submit:
(I) a signed statement attesting to the fact that:
(-a-) there is no groundwater conservation district
for the area in which the well is located; or
(-b-) there is a groundwater conservation district
for the area where the well is located, but the groundwater conservation
district does not require that the well be permitted or registered;
or
(-c-) the surface owner has registered the well with
the groundwater conservation district for the area where the well
is located; or
(II) a copy of the permit from the groundwater conservation
district for the area where the well is located.
(B) The duty of the operator to properly plug ends
only when:
(i) the operator has properly plugged the well in accordance
with Commission requirements up to the base of the usable quality
water stratum;
(ii) the surface owner has registered the well with,
or has obtained a permit for the well from, the groundwater conservation
district, if applicable; and
(iii) the Commission has approved the application of
surface owner to condition an abandoned well for fresh water production.
(5) The operator of a well shall serve notice on the
surface owner of the well site tract, or the resident if the owner
is absent, before the scheduled date for beginning the plugging operations.
A representative of the surface owner may be present to witness the
plugging of the well. Plugging shall not be delayed because of the
lack of actual notice to the surface owner or resident if the operator
has served notice as required by this paragraph. The district director
or the director's delegate may grant exceptions to the requirements
of this paragraph concerning the timing of notices when a workover
or drilling rig is already at work on location and ready to commence
plugging operations.
(b) Commencement of plugging operations, extensions,
and testing.
(1) The operator shall complete and file in the district
office a duly verified plugging record, in duplicate, on the appropriate
form within 30 days after plugging operations are completed. A cementing
report made by the party cementing the well shall be attached to,
or made a part of, the plugging report. If the well the operator is
plugging is a dry hole, an electric log status report shall be filed
with the plugging record.
(2) Plugging operations on each dry or inactive well
shall be commenced within a period of one year after drilling or operations
cease and shall proceed with due diligence until completed unless
the Commission or its delegate approves a plugging extension under §3.15
of this title (relating to Surface Equipment Removal Requirements
and Inactive Wells).
(3) The Commission may plug or replug any dry or inactive
well as follows:
(A) After notice and hearing, if the well is causing
or is likely to cause the pollution of surface or subsurface water
or if oil, gas, or other formation fluid is leaking from the well,
and:
(i) neither the operator nor any other entity responsible
for plugging the well can be found; or
(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 Cont'd... |
