Section 1772.2 - Idle Well Testing Waiver Plan(a) A Testing Waiver Plan is a schedule for plugging and abandonment of idle wells that extends up to but not more than eight years into the future. If an idle well is scheduled to be plugged and abandoned as part of a Testing Waiver Plan that has been approved by the Division, and the operator is in compliance with the plan, then the operator is not required to meet the requirements of Sections 1772.1, 1772.1.1, or 1772.1.2 for that well.(b) A Testing Waiver Plan is subject to approval by the Division, and shall meet the following requirements: (1) The plan shall include a list of idle wells to be plugged and abandoned under the plan, and the following information for each of the wells listed:(A) The API number and name of the well;(B) The date by which the well is scheduled to be plugged and abandoned; and(C) Any known wellbore integrity deficiencies in the well, including an explanation of the deficiency, when it became known, and a description of any prior attempts to remediate or abandon the wellbore.(2) In each year of the plan, at least 10 percent of the idle wells covered by the plan shall be scheduled to be plugged and abandoned, and all idle wells covered by the plan shall be scheduled to be plugged and abandoned within eight years.(3) The operator shall prioritize the plugging and abandonment of wells based on the considerations listed in Section 1772.4, and the operator's Testing Waiver Plan shall include notes indicating the basis for prioritizing wells. In the course of reviewing a Testing Waiver Plan for approval or during subsequent review, the Division may adjust the order of wells to be plugged and abandoned based on the considerations listed in Section 1772.4.(c) Subject to Division review and approval, the operator may request to modify the idle wells listed in an approved Testing Waiver Plan. A request to modify the list of idle wells shall be supported by justification for the change, information required under subdivision (b)(1) for any idle wells added to the list, and a work plan for expeditiously bringing any wells removed from the list into compliance with the requirements of Sections 1772.1, 1772.1.1, and 1772.1.2. After each year of adherence to a Testing Waiver Plan, the operator may add additional wells to an additional year of the plan, provided that the addition complies with the requirements of subdivision (b).(d) If an operator fails to complete plugging and abandonment of any well according to the schedule approved by the Division, then the Division may cancel the Testing Waiver Plan. If the Division cancels the Testing Waiver Plan, then the exemptions under subdivision (a) no longer apply for any of the wells listed in the plan and the operator shall conduct the testing and analysis required under Sections 1772.1, 1772.1.1, and 1772.1.2 for each of the listed wells within 90 days. If the Division has canceled a Testing Waiver Plan, then the Division will not consider a new Testing Waiver Plan for approval unless the operator is in compliance with all of the requirements of Sections 1772.1, 1772.1.1, and 1772.1.2.(e) For the purposes of this section, "plugging and abandonment" means plugging and abandonment in accordance with Public Resources Code section 3208 or partial plugging and abandonment in accordance with Section 1752.Cal. Code Regs. Tit. 14, § 1772.2
1. New section filed 3-20-2019; operative 4-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 12). Note: Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3106 and 3206.1, Public Resources Code.
1. New section filed 3-20-2019; operative 4/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 12).