N.M. Admin. Code § 20.6.2.5360

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.6.2.5360 - INFORMATION TO BE EVALUATED BY THE DIRECTOR

This section sets forth the information which must be evaluated by the director in authorizing Class I hazardous waste injection wells. For a new Class I hazardous waste injection well, the owner or operator shall submit all the information listed below as part of the permit application. For an existing or converted Class I hazardous waste injection well, the owner or operator shall submit all information listed below as part of the permit application except for those items of information which are current, accurate, and available in the existing permit file. For both existing and new Class I hazardous waste injection wells, certain maps, cross-sections, tabulations of wells within the area of review and other data may be included in the application by reference provided they are current and readily available to the director (for example, in the permitting agency's files) and sufficiently identifiable to be retrieved.

A. Prior to the issuance of a permit for an existing Class I hazardous waste injection well to operate or the construction or conversion of a new Class I hazardous waste injection well, the director shall review the following to assure that the requirements of 20.6.2.5000 through 20.6.2.5399 NMAC are met:

(1) information required in 20.6.2.5102 NMAC;

(2) a map showing the injection well for which a permit is sought and the applicable area of review; within the area of review, the map must show the number or name and location of all producing wells, injection wells, abandoned wells, dry holes, surface bodies of water, springs, mines (surface and subsurface), quarries, water wells and other pertinent surface features, including residences and roads; the map should also show faults, if known or suspected;

(3) a tabulation of all wells within the area of review which penetrate the proposed injection zone or confining zone; such data shall include a description of each well's type, construction, date drilled, location, depth, record of plugging or completion and any additional information the director may require;

(4) the protocol followed to identify, locate and ascertain the condition of abandoned wells within the area of review which penetrate the injection or the confining zones;

(5) maps and cross-sections indicating the general vertical and lateral limits of all groundwater of the state of New Mexico within the area of review, their position relative to the injection formation and the direction of water movement, where known, in each groundwater of the state of New Mexico which may be affected by the proposed injection;

(6) maps and cross-sections detailing the geologic structure of the local area;

(7) maps and cross-sections illustrating the regional geologic setting;

(8) proposed operating data:

(a) average and maximum daily rate and volume of the fluid to be injected; and

(b) average and maximum injection pressure;

(9) proposed formation testing program to obtain an analysis of the chemical, physical and radiological characteristics of and other information on the injection formation and the confining zone;

(10) proposed stimulation program;

(11) proposed injection procedure;

(12) schematic or other appropriate drawings of the surface and subsurface construction details of the well;

(13) contingency plans to cope with all shut-ins or well failures so as to prevent migration of fluids into any groundwater of the state of New Mexico;

(14) plans (including maps) for meeting monitoring requirements of 20.6.2.5358 NMAC;

(15) for wells within the area of review which penetrate the injection zone or the confining zone but are not properly completed or plugged, the corrective action to be taken under 20.6.2.5354 NMAC;

(16) construction procedures including a cementing and casing program, well materials specifications and their life expectancy, logging procedures, deviation checks, and a drilling, testing and coring program; and

(17) a demonstration pursuant to 20.6.2.5320 NMAC, that the applicant has the resources necessary to close, plug or abandon the well and for post-closure care.

B. Prior to the director's granting approval for the operation of a Class I hazardous waste injection well, the owner or operator shall submit and the director shall review the following information, which shall be included in the completion report:

(1) all available logging and testing program data on the well;

(2) a demonstration of mechanical integrity pursuant to 20.6.2.5358 NMAC;

(3) the anticipated maximum pressure and flow rate at which the permittee will operate;

(4) the results of the injection zone and confining zone testing program as required in Paragraph (9) of Subsection A of 20.6.2.5360 NMAC;

(5) the actual injection procedure;

(6) the compatibility of injected waste with fluids in the injection zone and minerals in both the injection zone and the confining zone and with the materials used to construct the well;

(7) the calculated area of review based on data obtained during logging and testing of the well and the formation, and where necessary revisions to the information submitted under Paragraphs (2) and (3) of Subsection A of 20.6.2.5360 NMAC;

(8) the status of corrective action on wells identified in Paragraph (15) of Subsection A of 20.6.2.5360 NMAC; and

(9) evidence that the permittee has obtained an exemption under 40 C.F.R. Part 148, Subpart C for the hazardous wastes permitted for disposal through underground injection.

C. Prior to granting approval for the plugging and abandonment (i.e., closure) of a Class I hazardous waste injection well, the director shall review the information required in Paragraph (4) of Subsection A of 20.6.2.5361 NMAC and Subsection A of 20.6.2.5362 NMAC.

D. Any permit issued for a Class I hazardous waste injection well for disposal on the premises where the waste is generated shall contain a certification by the owner or operator that:

(1) the generator of the hazardous waste has a program to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and

(2) injection of the waste is that practicable method of disposal currently available to the generator which minimizes the present and future threat to human health and the environment.

N.M. Admin. Code § 20.6.2.5360

Adopted by New Mexico Register, Volume XXVI, Issue 15, August 14, 2015, eff. 8/31/2015