Mo. Code Regs. tit. 10 § 50-2.055

Current through Register Vol. 49, No.12, June 17, 2024

Section 10 CSR 50-2.055 - Injection Wells, Mechanical Integrity Testing, and Well Stimulation Treatment

PURPOSE: This amendment clarifies that no fee is assessed for injection permit modifications, removes section (9) and incorporates that information into 10 CSR 50-2.040(7)(B) 1.B., clarifies monitoring of pressure as a separate activity from mechanical integrity testing by moving the language to its own section, improves readability, removes repetitive language, and removes unnecessary language pursuant to Executive Order 17-03 and the Red Tape Reduction Initiative.

(1) Prior to commencement of injection operations, the following conditions shall be met:

(A) Application for a permit to inject along with the applicable fee pursuant to 10 CSR 50-1.050 has been submitted to the state geologist on forms provided by the department;

(B) The operator license, bond, and approved completion or recompletion report are on file in the office of the state geologist; and

(2) Each injection well found to be operating without a permit issued by the state geologist shall be shut in, according to 10 CSR 50-2.060 until compliance is achieved.

(3) Each application for permit to inject shall be submitted on a form provided by the department, along with the applicable fee pursuant to 10 CSR 50-1.050, completed in full, and accompanied by-

(A) A map that shows the area of review for the proposed injection well and all area of review wells of public record, within a one-half-(½-) mile radius of the injection well, that penetrate the injection interval, with each well uniquely marked or numbered;

(B) Descriptions of all wells that penetrate the injection interval in the area of review included on the permit application form;

(C) An electric log run to the surface or a log showing lithology or porosity of geologic strata encountered in the injection well, including an elevation reference. If such a log is unavailable, an electric log to surface or a log showing lithology or porosity of geological strata encountered in wells located within a one- (1-) mile radius of the subject well;

(D) A description of the fluid to be injected, the source of injected fluid, and compatibility of injected fluid with that of the receiving stratum, including total dissolved solid comparisons;

(E) An affidavit that notice has been provided in accordance with 10 CSR 50-2.055(4); and

(F) Information showing that injection into the proposed injection zone will be contained within the injection zone and will not initiate fractures through the overlying or underlying strata that could enable the fluid or formation fluid to enter underground sources of drinking water. This information includes the name, description, depth of overlying and underlying confining strata for the injection zone, and computed fracture gradients.

(4) Notice. The injection permit applicant shall provide notice utilizing the following procedure:

(A) Notify each of the following parties whose acreage lies partially or fully within a one-half- (½-) mile radius of the project boundaries, by mailing or delivering a copy of the application and notice of intent on or before the date of publication described in subsection (4)(B) to:

1. Each operator or lessee of record;

2. Each owner of record of the mineral rights of unleased acreage; and

3. Each landowner within the project boundaries;

(B) Publish at least one (1) notice of intent to operate an injection well in a newspaper of general circulation in the county in which the proposed injection well(s) is located and include the following:

1. Name and address of applicant;

2. Location of well(s);

3. Geologic name of proposed injection strata and approximate depth of injection zone;

4. Proposed maximum injection rate and pressure;

5. Description of the need for the injection well(s);

6. Approximate maximum number of injection wells that ultimately will be utilized in the project; and

7. Address of the office of the state geologist, where comments may be sent or additional information may be obtained;

(C) Provide an affidavit of notice to include a copy of the newspaper publication and a list of parties notified according to subsection (4)(A); and

(D) A fifteen (15) calendar day written comment period begins on the date of publication. A record will be kept by the state geologist of all written comments received and the responses to these comments. If within this comment period the state geologist determines that a significant degree of public interest is expressed, or other factors indicate the need for a public hearing, the state geologist may order a hearing. Public notice of the hearing will be provided in a newspaper of general circulation in the county where the proposed injection well is located with a hearing date set for no sooner than thirty (30) calendar days after the date of notice. If no public hearing is ordered, the state geologist will process the application after the end of the fifteen (15) calendar day comment period and upon receipt of an affidavit of newspaper publication.

(5) Modifications.

(A) Modifications to the type or construction of the injection well including, but not limited to, an increase in injection rate or pressure or an additional perforation or injection zone, neither of which is expressly authorized by the existing permit, require an application for a permit to inject to be filed along with the applicable fee pursuant to 10 CSR 50-1.050, except as specified in subsection (5)(B) below.

(B) No fee will be assessed for an injection permit modification when the operator seeks to add or delete additional sources of the fluid disposed into the well but will not exceed the maximum authorized injection rate and pressure.

(C) Each application for any modifications to the injection permit, including increasing pressure or rate and changing or adding injection strata, requires the notice specified in section (4) of this regulation.

(6) Upon application for a permit to inject, the state geologist will review the application and, within fifteen (15) business days, determine if the application is in proper form and if the requirements of Chapter 259, RSMo, and implementing regulations are met. If the application is incomplete or lacking information, forms, or fees, the state geologist will notify the operator and suspend the application process. When the missing form, information, or fee is submitted by the operator and received by the state geologist, the fifteen (15) business day permit period will begin anew. If the state geologist has not received the missing or incomplete application information or fee within thirty (30) days after notification of the operator, the application will be considered null and void and the operator must reapply by submitting a new application for a permit to inject, along with the associated fee.

(A) If the state geologist finds that the application is in good form, that all requirements of the application have been met, and that Chapter 259, RSMo, and implementing regulations are being met, the state geologist will issue the permit.

(B) If the state geologist determines either that the application is not in proper form, that the operator failed to submit the applicable fees, or that Chapter 259, RSMo, and implementing regulations are not being met, the permit will be denied.

(C) If the state geologist finds that injection at the proposed site would be an undue risk to the surface or subsurface environment, the permit will be denied.

(D) If the state geologist determines that the operator is in violation of any provision of Chapter 259, RSMo, or implementing regulations, the state geologist may deny the permit.

(7) The state geologist may grant emergency authority to inject or dispose of fluids at an alternate location, if a facility is shut in for maintenance, testing, repairs, or by order of the state geologist or the council.

(8) A permit to inject shall not be transferred from one operator to another operator without approval of the state geologist. To transfer any permit to inject to a new operator (transferee), the current operator (transferor) submits a request, on a form provided by the department, to the state geologist no less than thirty (30) calendar days prior to the planned transfer. Any such request may be denied if the state geologist determines that the operator has not submitted all the necessary information. The transfer of a permit to inject will follow the transfer procedures prescribed in 10 CSR 50-2.010(6)(A) through (C).

(9) Injection pressures. A maximum injection pressure for injection wells will be established by the state geologist so that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the confining strata. The injection pressure also should not cause the injected fluid to migrate into an underground source of drinking water.

(A) The injection pressure determinations shall be approved by the state geologist based on one (1) of the following methods:

1. For injection of liquids, injection pressures at 0.75 psig/foot based upon the depth to the midpoint of the perforations or openhole interval in the injection zone; or

2. For injection of steam or other gases, injection pressures at 3.0 psig/foot based upon the depth to the midpoint of the perforations or openhole interval in the injection zone; or

3. Pump pressure data provided by the operator that details the ability of the injection zone to tolerate the requested pressure; or

4. Step-rate test data provided by the operator that details the ability of the injection zone to tolerate the requested pressure; or

5. Historical injection pressures provided by the operator and/or other data deemed appropriate by the state geologist to demonstrate an appropriate injection pressure.

(B) At least one (1) test must be performed within one thousand three hundred twenty feet (1320') of the proposed injection well, or as otherwise deemed appropriate by the state geologist. The data and interpretive report should be submitted in the format requested by the state geologist.

(C) Following approval by the state geologist of an initial maximum injection pressure, the well used to obtain the data in paragraph (9)(A)3. or 4. above may be used as a reference well. Additional injection wells within one thousand three hundred twenty feet (1320') of the reference well may be approved at the same maximum injection pressure.

(D) The established maximum injection pressure shall not be exceeded. Exceedance of the maximum injection pressure may result in additional compliance monitoring. Modifications to increase a maximum injection pressure for injection wells will be made according to section (5) above.

(10) Following receipt of an approved permit to inject, the operator shall notify the state geologist regarding injection operations as follows:

(A) Immediately upon the commencement of injection operations, notify the state geologist of the date of commencement; and

(B) After permanent discontinuance of injection operations, notify the state geologist, within ninety (90) calendar days, of the date of the discontinuance and the reasons for discontinuance.

(11) Monitoring. Following an initial mechanical integrity test in accordance with subsection (12)(A) below, once a month, the operator shall monitor and record, during actual injection, the pressure or fluid level in the annulus and any other information deemed necessary by the state geologist. An annual report of information logged will be submitted to the state geologist in accordance with 10 CSR 50-2.080.

(12) Mechanical integrity. All new or newly converted injection wells shall demonstrate mechanical integrity and meet the requirements of 10 CSR 50-2.090 and 10 CSR 50-2.100 before operation may begin and at least once every five (5) years. The date for the mechanical integrity test will be mutually agreed upon by the operator's representative and the state geologist, with a minimum of five (5) business days' notice prior to commencing the test.

(A) Demonstration of mechanical integrity shall utilize at least one (1) of the following procedures:

1. Pressure test. Conduct a pressure test in the annulus above the packer, or the injection casing in wells not equipped with a packer, in the following manner:

A. For newly completed or newly converted wells, the casing may be tested before perforating. Apply a fluid pressure of one hundred ten percent (110%) of the approved pressure, but no less than three hundred (300) psig. A well demonstrates mechanical integrity if, when pressurized, it does not lose more than ten percent (10%) of the tested pressure over a period of thirty (30) minutes;

B. Pressure test wells constructed with tubing and a packer by applying a fluid pressure of one hundred ten percent (110%) of the approved pressure, but no less than three hundred (300) psig. A well demonstrates mechanical integrity if, when pressurized, it does not lose more than ten percent (10%) of the tested pressure over a period of thirty (30) minutes;

C. For wells constructed with tubing and no packer, set a retrievable plug or packer immediately above the uppermost perforation or openhole interval. Apply a fluid pressure of one hundred ten percent (110%) of the approved pressure, but no less than three hundred (300) psig. A well demonstrates mechanical integrity if, when pressurized, it does not lose more than ten percent (10%) of the tested pressure over a period of thirty (30) minutes; and

D. For wells constructed with tubing and no packer, a method of pressure testing known as fluid depression may be conducted with prior approval and under guidelines established by the state geologist. Depress the fluid in the well with gas pressure to a point in the wellbore immediately above the perforations or openhole interval. The minimum calculated pressure necessary to depress the fluid in the wellbore shall be no less than fifty (50) psig. A well demonstrates mechanical integrity if, when pressurized, it does not lose more than ten percent (10%) of the tested pressure over a period of thirty (30) minutes;

2. Alternative tests. With prior approval by the state geologist, alternative test methods including, but not limited to, temperature surveys, tracer surveys, or noise logs, may be used to demonstrate mechanical integrity if conditions are appropriate.

(B) Results of this test and an interpretive report must be submitted on the appropriate form to the state geologist within thirty (30) calendar days of completion of the test. The state geologist will inform the operator of a satisfactory or unsatisfactory demonstration of mechanical integrity within fifteen (15) business days.

(13) If a well cannot demonstrate mechanical integrity, or if other conditions develop that threaten or could threaten the quality of surface or groundwater, the operator shall cease operation of the well, notify the state geologist within twenty-four (24) hours with details as to the nature of the problem, and propose a corrective action plan in writing within five (5) business days. The operator shall have no more than sixty (60) calendar days from the date of initial failure in which to perform one (1) of the following:

(A) Repair and retest the well to demonstrate mechanical integrity; or

(B) Plug the well.

(14) Following corrective action performed pursuant to section (13), the state geologist may require additional testing or monitoring. If the state geologist has approved the use of any chemical sealant or other mechanical device to isolate the leak before use, then the following requirements apply:

(A) Injection pressure into the well does not exceed the maximum mechanical integrity test pressure; and

(B) The well demonstrates mechanical integrity on an annual basis for the duration the well is completed in this manner.

(15) The state geologist or an authorized representative may sample injected fluids at any time during injection operations.

(16) Well stimulation treatment projects. At least five (5) business days prior to commencement of a well stimulation treatment project, the operator is required to notify the state geologist in writing the nature of the project. Within thirty (30) calendar days after completion of a well stimulation treatment project, the operator shall submit copies of the well stimulation treatment tickets from the company performing such treatment, including documentation of the materials injected.

(17) All injection wells in operation prior to March 30, 2016, shall comply with these injection permitting requirements no later than April 1, 2017. All wells permitted on or after March 30, 2016, shall comply with requirements in this rule prior to permit issuance.

10 CSR 50-2.055

Adopted by Missouri Register February 1, 2016/Volume 41, Number 03, effective 3/31/2016

Amended by Missouri Register January 15, 2019/Volume 44, Number 2, effective 2/28/2019