7 Del. Admin. Code § 7102-69.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 7102-69.0 - Class I and Major Class V Test Injection Well Construction and Operation Requirements

69.1 General.

69.1.1 The Department shall deny a construction permit if construction of the well itself may be a source of pollution.

69.1.2 A test injection well will be required, and may be used as an injection well, with approval by the Department. Upon completion of required testing, the applicant may apply for an operating permit, to convert the test well to an operational well.

69.1.3 For Class I injection well operation, reasonable assurance is required that the project will function in compliance with these regulations. The Department shall require a test injection well for all Class I injection well facilities. The Department may require a test well for Major Class V injection well facilities. A Department-approved injection test must be performed on each test well.

69.1.4 For a Class I injection well, issuance of a permit does not obligate the Department to authorize any operation of the well, unless reasonable assurance has been provided that the well can operate in compliance with these regulations.

69.1.5 Prior to granting approval for the operation of a Class I or Major Class V well the Department shall consider the following information:

69.1.5.1 All available logging and testing program data on the well;

69.1.5.2 A demonstration of mechanical integrity pursuant to Section 61.0;

69.1.5.3 The anticipated maximum pressure and flow rate at which the permittee will operate;

69.1.5.4 The results of the formation testing program;

69.1.5.5 The actual injection procedure;

69.1.5.6 The compatibility of injected waste with fluids in the injection zone and minerals in both the injection zone and the confining zone;

69.1.5.7 The status of corrective action on defective wells in the area of review; and

69.1.5.8 Potential impact on a USDW.

69.2 Information Requirements. Information to be submitted with the application for a permit to construct a test injection well shall include but is not limited to the following:

69.2.1 A map showing the location of the proposed injection wells or well field area for which a permit is sought and the applicable area of review. Within the area of review, the map shall show the number or name, and location of all production wells, injection wells, abandoned wells, dry holes, surface bodies of water, springs, public water systems, mines (surface and subsurface), water wells and other pertinent surface features including residences and roads. The map shall also show geological faults, if known or suspected. Only information of public record and, in addition, pertinent information known to the applicant is required to be included on this map;

69.2.2 A tabulation of data on all wells within the area of review which penetrate into the proposed injection zone, confining zone, or proposed monitoring zone. Such data shall include a description of each well's type, well construction data, date drilled, location, depth, record of plugging or completion, and any additional information in the applicant's possession about the potential for fluids to migrate into, or in the direction of, an underground source of drinking water;

69.2.3 Maps and cross sections indicating the general vertical and lateral limits within the area of review of all underground sources of drinking water, their position relative to the injection formation and the direction of water movement, where known, in each underground source of drinking water which may be affected by the proposed injection;

69.2.4 Maps and cross sections detailing the hydrology and geologic structures of the local area;

69.2.5 Generalized maps and cross sections illustrating the regional geologic setting;

69.2.6 Proposed operating data.

69.2.6.1 Average and maximum daily rate and volume of the fluid to be injected;

69.2.6.2 Average and maximum injection pressure; and

69.2.6.3 Source and an analysis of the chemical, physical, radiological and biological characteristics of injection fluids (injectate). For Class I wells injecting domestic effluent, a demonstration that the effluent quality meets the standards at all times (secondary treatment). For all other Class I wells, a demonstration that the effluent quality is not a hazardous waste.

69.2.7 Proposed formation testing program to obtain an analysis of the chemical, physical and radiological characteristics of and other information on the injection zone;

69.2.8 Proposed stimulation program;

69.2.9 Proposed injection procedure;

69.2.10 Engineering drawings of the surface and subsurface construction details of the system, including design features for surge control and water hammer protection;

69.2.11 Contingency plans to cope with all shut-ins or well failures, or to prevent migration of fluids into an underground source of drinking water, including emergency discharge provisions;

69.2.12 Plans (including maps) and proposed monitoring data to be reported for meeting the monitoring requirements in these regulations;

69.2.13 For wells within the area of review which penetrate the injection zone but are not properly completed or plugged, the corrective action proposed to be taken under Corrective Action;

69.2.14 Construction procedures including a cementing and casing program, logging procedures, deviation checks, and a drilling, testing and coring program; and

69.2.15 A certificate that the applicant has ensured, through a performance bond or other appropriate means as required by financial responsibility, the resources necessary to close, plug or abandon the well.

69.3 Operational Testing.

69.3.1 For Class I test injection wells, the permit includes a period of temporary injection operation for the purposes of long term testing, to determine potential fluid migration. Prior to commencement of operational testing:

69.3.1.1 Construction of the injection well shall be complete and the permittee shall submit an engineer's Notice of Completion of Construction to the Department;

69.3.1.2 Each well shall first be tested for integrity of construction, and shall be followed by a short term injection test of such duration to allow for the prediction of the operating pressure;

69.3.1.3 The permittee shall submit the following information:

69.3.1.3.1 A copy of the borehole television survey(s);

69.3.1.3.2 Geophysical logs; and

69.3.1.3.3 Mechanical integrity test data;

69.3.1.4 Data obtained during the short term injection testing conducted pursuant to subsection 69.3.1.2;

69.3.1.5 Confining zone data;

69.3.1.6 Background water quality data for the injection and monitor zones;

69.3.1.7 Waste-stream analysis;

69.3.1.8 As-built well construction specifications; and

69.3.1.9 Other data obtained during well construction which demonstrates that the well will operate in compliance with these regulations.

69.3.2 The emergency discharge method (subsection 69.2.11) shall be fully operational and no emergency discharge shall occur until the permittee has obtained all necessary Department permits.

69.3.3 Any corrective action required under Corrective Action, shall be completed.

69.3.4 Prior to granting approval for operational testing of a Class I well, the Department shall consider the following information:

69.3.4.1 All available logging and testing program data on the well;

69.3.4.2 A demonstration of mechanical integrity pursuant to Mechanical Integrity;

69.3.4.3 The anticipated maximum pressure and flow rate at which the permittee will operate;

69.3.4.4 The results of the formation testing program;

69.3.4.5 The actual injection procedure;

69.3.4.6 The compatibility of injectate with fluids in the injection zone and minerals in both the injection zone and the confining zone;

69.3.4.7 The status of corrective action on defective wells in the area of review; and

69.3.4.8 The information submitted to the Department under subsection 69.2.

69.3.5 Written authorization for operational testing shall be obtained from the Department. Authorization shall be for up to two (2) years or until the expiration date of the Class I test injection well permit, whichever time period is shorter, and is nonrenewable. The authorization shall specify the conditions under which operational testing is approved. The authorization shall include, but is not limited to, the following:

69.3.5.1 Injection pressure limitation;

69.3.5.2 Injection flow rate limitation;

69.3.5.3 Injection well monitoring requirements;

69.3.5.4 Effluent monitoring requirements;

69.3.5.5 Weekly groundwater sampling of monitor wells;

69.3.5.6 Monthly specific injectivity testing;

69.3.5.7 Reporting requirements; and

69.3.5.8 An expiration date for the operational testing period not to exceed two (2) years.

69.3.6 Before authorizing operational testing, the Department shall conduct an inspection of the facility to determine if the conditions of the permit have been met.

69.3.7 If requested by the permittee, the Department shall allow a modified sampling schedule, after a minimum of six (6) months of operational testing, if the data indicate that the parameter values have stabilized. However, a sampling frequency of less than once per month shall not be allowed.

69.3.8 For Class I injection wells, the duration of the operational testing period shall not exceed two (2) years or the expiration date of the construction permit, whichever is less. If the Department has not issued an intent to issue an operation permit for the injection well(s) by the end of the operational testing period, the permittee shall cease injection.

69.3.9 For a Class I injection well, if an operation permit has not been obtained for the well within two (2) years after the cessation of operational testing, the permittee shall submit an application to the Department on form "Well Abandonment Application" to plug and abandon the well.

69.4 Class I and Major Class V - Injection Well Operation Permit.

69.4.1 General Requirements.

69.4.1.1 An underground injection control permit shall be obtained for each Class I or Major Class V injection well. For multi-well injection systems, a separate UIC permit application need not be submitted for each well.

69.4.1.2 Copies of mill certificates for casing used in the well(s) construction. The owner shall retain the original records.

69.4.2 Prior to granting approval for the operation of a Class I or Major Class V well, the Department shall consider the following information which, for Class I or major Class V wells, was obtained during construction and operational testing under the construction permit:

69.4.2.1 All available logging and testing program data and construction data on the well or well field;

69.4.2.2 A satisfactory demonstration of mechanical integrity for all new Class I wells pursuant to Section 61.0;

69.4.2.3 The actual operating data, where feasible, or the anticipated maximum pressure and flow rate at which the permittee will operate the well;

69.4.2.4 The results of the formation testing program;

69.4.2.5 The actual injection procedure;

69.4.2.6 For Class I or Major Class V wells, the compatibility of injected waste with fluids in the injection zone and minerals in both the injection zone and the confining zone; and

69.4.2.7 The status of corrective action on defective wells in the area of review;

69.4.3 Renewal of the Operation of Class I or Major Class V Wells.

69.4.3.1 The permittee shall submit an application to renew the permit of a Class I or Major Class V well to the Department at least 180 days before the expiration date of the current operation permit.

69.4.3.2 The renewal application shall include the following:

69.4.3.2.1 An evaluation of the size of the area of review based on actual operation and monitoring data;

69.4.3.2.2 Updated area of review information required under subsection 69.2;

69.4.3.2.3 A waste stream analysis representative of the fluids which are currently being injected;

69.4.3.2.4 The process types or categories which are a source of the fluid being injected;

69.4.3.2.5 A satisfactory demonstration of mechanical integrity for the Class I well(s) pursuant to Section 61.0;

69.4.3.2.6 Results of groundwater and other monitoring data obtained since the last permit was issued. The permittee shall provide a tabular and graphical presentation of all groundwater monitoring data required by this subparagraph, unless:

69.4.3.2.6.1 The monitoring results for a parameter are below detectable limits, or

69.4.3.2.6.2 The parameter was not required to be monitored under the current permit;

69.4.3.2.6.3 Results of all specific injectivity and pressure fall-off information obtained since the well began operation, or the date of the most recent renewal of the well if all available information were submitted at that time; and

69.4.3.2.6.4 Financial responsibility information required by subsection 44.1.7 based on an updated plugging and abandonment plan and cost estimate.

69.4.4 The operation of a Class I well shall not be renewed unless the applicant has made the following demonstrations:

69.4.4.1 Available water quality monitoring data does not indicate that fluid movement into or between underground sources of drinking water is occurring as a result of injection activity, except as authorized by the Department;

69.4.4.2 Mechanical integrity has been demonstrated under Section 61.0;

69.4.4.3 Financial responsibility has been demonstrated; and

69.4.4.4 Other applicable rules of this chapter have been met.

7 Del. Admin. Code § 7102-69.0

21 DE Reg. 978 (6/1/2018) (Final)