Tenn. Comp. R. & Regs. 0400-45-06-.02

Current through October 22, 2024
Section 0400-45-06-.02 - GENERAL
(1) Use of Number and Gender As used in these rules:
(a) Words in the masculine gender also include the feminine and neuter genders; and
(b) Words in the singular include the plural; and
(c) Words in the plural include the singular.
(2) Rule Structure

These rules are organized, numbered, and referenced according to the following outline form:

(1) paragraph
(a) subparagraph
1. part
(i) subpart
(I) item
I. subitem
A. section
(A) subsection
(3) Definitions

For the purposes of the Underground Injection Control program established in this chapter, the definition of any word or phrase used in these regulations shall be the same as given in T.C.A. § 69-3-103 except the following words or phrases shall have the following meanings:

"Aquifer" means a formation, group of formations, or part of a formation that contains a sufficient quantity of permeable material to yield significant quantities of water for wells and springs.

"Area of Review" (AOR) means the area surrounding an injection well described according to the criteria set forth in paragraph (3) of Rule 0400-45-06-.09 or in the case of an area permit, the project area plus a circumscribing area the width of which is either a mile or a number calculated according to the criteria set forth in the formula for injection well AOR.

"Casing" means a tubular retaining structure which is installed in an excavated hole to maintain the well opening.

"Cementing" means the act of employing cementitious material in the annulus behind the well casing.

"Cesspool" means a drywell that receives untreated sanitary waste containing human excreta, and which sometimes has an open bottom and/or perforated sides.

"Commissioner" means the Commissioner of environment and conservation or the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner.

"Compatibility" means substances capable of being mixed or existing together.

"Composite sample" means a mixture of grab samples collected at the same sampling point at different times.

"Confining unit or zone" means a geological formation, group of formations, or part of a formation that limits fluid movement from an injection zone.

"Confining bed" means a layer of distinctly less permeable material stratigraphically adjacent to one or more aquifers.

"Contamination" means the addition of any substance or matter to water.

"Draft permit" means a document prepared under paragraph (7) of Rule 0400-45-06-.08 indicating the Commissioner's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a "permit." A notice of intent to terminate a permit, and a notice of intent to deny a permit, as discussed in paragraph (9) of Rule 0400-45-06-.08 are types of "draft permits." A denial of a request for modification, revocation and reissuance, or termination, as discussed in paragraph (9) of Rule 0400-45-06-.08 is not a "draft permit."

"Drilling mud" means a heavy suspension used in drilling an "injection well," introduced down the drill pipe and through the drill bit.

"Drywell" means a well, other than an improved sinkhole or subsurface fluid distribution system, completed above the water table so that its bottom and sides are typically dry except when receiving fluids.

"Enhanced recovery" means increased recovery from a pool achieved by artificial means or by the application of energy extrinsic to the pool.

"Emergency permit" means a UIC "permit" issued in accordance with paragraph (8) of Rule 0400-45-06-.07.

"Environmental Protection Agency" ("EPA") means the United States Environmental Protection Agency.

"EPA" means the United States Environmental Protection Agency.

"Exempted aquifer" means an "aquifer" or its portion that meets the criteria in the definition of "underground source of drinking water" but which has been exempted according to the procedures in Rule 0400-45-06-.04.

"Existing injection well" means an "injection well" that began injection of fluids into the subsurface prior to the effective date of this rule.

"Facility or activity" means any waste facility or activity (including land or appurtenance thereto) that is subject to regulation under the Tennessee Solid Waste Disposal Act, T.C.A. §§ 68-211-101 et seq., the Tennessee Hazardous Waste Management Act, T.C.A §§ 68-212-101 et seq., the Water Quality Control Act of 1977, T.C.A. §§ 69-3-101 et seq., or the Tennessee Safe Drinking Water Act of 1983, T.C.A. §§ 68-221-701 et seq.

"Fluids" means materials or substances that flow or move whether semi-solid, liquid, sludge, gas or any other form or state.

"Formation" means a body or stratum of rock characterized by a degree of lithologic homogeneity and is mappable on the earth's surface or traceable in the subsurface.

"Formation fluid" means "fluid" present in a "formation" under natural conditions as opposed to fluids introduced into a formation by injection or emplacement by man. This term is synonymous with "native water."

"Grab sample" means a sample collected at a particular time and place that represents the composition of the source at that time and place.

"Ground water" means water below the land surface and free to move under the influence of gravity.

"Grout" means a fluid mixture of cement and water or other cementitious material of a consistency that can be forced through a pipe under hydraulic pressure.

"Hazardous waste" means a hazardous waste as defined by rule subparagraph (1)(c) of Rule 0400-12-01-.02.

"Hydrofracture" means the application of pressure sufficient to cause rupture of a subsurface formation.

"Improved Sinkhole" means a naturally occurring karst depression modified by man in such a manner that the chemical, physical, biological, radiological, or bacteriological properties of the water or fluids moving into the subsurface through it have been or will be altered.

"Infiltration cell" means an unlined man-made structure designed for the distribution of fluids into or above a "USDW."

"Injection well" means structure or device which is used for the emplacement of fluids into a subsurface stratum including, but not limited to:

(a) a well used for the emplacement of fluids;
(b) a subsurface fluid distribution system;
(c) an improved sinkhole; or
(d) infiltration cell and any other structures or devices designed, constructed or used to emplace fluids into the subsurface, except as provided in paragraph (3) of Rule 0400-45-06-.03; or
(e) modified recharge point.

"Injection zone" means the formation, group of formations, or part of a formation that receives fluids through an injection well.

"Injectivity index" means the rate of injection in gallons per minute per unit of applied injection pressure in pounds per square inch.

"Innovative technology" means an experimental or unproven procedure, which has not been demonstrated to be feasible under the conditions in which it is being tested.

"Lease" means real property upon which the right to extract oil and gas or other minerals has been granted under contract for a share of the value of the production or an annual rental for a specified period.

"Mechanical integrity" means mechanically complete, performs the function for which it was intended and is unimpaired.

"Modified recharge point" means a naturally occurring karst feature that has been modified by man with a structure or in any other manner that the chemical, physical, biological, radiological or bacteriological properties of the water or fluids moving into the subsurface through it or the ground water has been or will be altered.

"New injection well" means any well that begins injection of fluids into the subsurface after August 9, 1985.

"Owner or operator" means the owner or operator of any "facility or activity" subject to regulation under the UIC program.

"Packer" means a device placed in a well to produce a fluid-tight seal in a section of the well bore or the annulus between the well casing and the inner injection tubing.

"Permit" means an authorization, license, or equivalent control document issued by EPA or the Commissioner to implement the requirements of these rules. "Permit" includes an area permit and an emergency permit. "Permit" as used in these UIC rules means an individual permit issued under the Water Quality Control Act and does not include an authorization by rule which is a type of general permit under the Water Quality Control Act.

"Person" means an individual, association, partnership, corporation, municipality, State, Federal, or Tribal agency, or an agency or employee thereof.

"Plugging" means the act or process of stopping the flow of water, oil, or gas into or out of a formation through a bore hole or well penetrating that formation.

"Point of Injection" means the last accessible point where a sample may be collected prior to waste fluids being released into the subsurface environment through a Class V injection well.

"Pollution" means such alteration of the physical, chemical, biological, bacteriological, or radiological properties of waters of this State including but not limited to changes in temperature, taste, color, turbidity, or odor of the waters:

(a) as will result or will likely result in harm, potential harm or detriment of the public health, safety, or welfare;
(b) as will result or will likely result in harm, potential harm or detriment to the health of animals, birds, fish, or aquatic life;
(c) as will render or will likely render the waters substantially less useful to domestic, municipal, industrial, agricultural, recreational, or other reasonable uses; or
(d) as will leave or will likely leave the waters in such condition as to violate any standards of water quality established by Water Quality Control Board.

"Project" means a group of wells in a single operation.

"Produced water" means those waters produced in conjunction with the production of crude oil or natural gas and commonly collected at field storage or disposal facilities including: lease tanks, commingled tank batteries, burn pits, and community or lease wastewater disposal systems.

"Public water system" means a system for the provision of piped water for human consumption if such system has at least fifteen (15) connections or regularly serves at least twenty five (25) individuals at least sixty (60) days out of the year.

"Radioactive material" means any material, solid, liquid, or gas, which emits radiation spontaneously.

"Radioactive waste" means any waste which contains radioactive material in concentrations which exceed those listed in Rule 0400-20-05-.161, Schedule RHS 8-30, Table II, Column 2.

"Recharge point" means a naturally occurring sinkhole or other karst feature that accepts stormwater runoff from unimproved properties.

"Regional rock deformation" means folded, faulted, sheared, compressed or extended rocks which result from various earth forces.

"Sanitary waste" means liquid or solid wastes originating solely from humans and human activities, such as wastes from toilets, showers, wash basins, cleaning, clothes washing, or food preparation, together with any waters mixed with or used to convey such wastes, and provided that the waste or water is not mixed with industrial waste.

"Schedule of compliance" means a schedule of remedial measures included in a "permit," including an enforceable sequence of interim requirements (for example: actions, operations, or milestone events) leading to compliance with the "appropriate Act and regulations."

"Septic system" means a "well" that is used to emplace sanitary waste below the surface and is typically comprised of a septic tank and subsurface fluid distribution system or disposal system.

"Sewage" means water-carried waste or discharges from human beings or animals, from residences, public or private buildings, or industrial establishments, or boats, together with such other wastes and ground, surface, storm, or other water as may be present; (T.C.A. § 69-3-103(27)).

"Sinkhole" means a naturally occurring closed depression in a karst area characterized by inward drainage (inlets) accepting runoff from the surrounding area and having no visible surface outlet.

"Site" means the land or water area where any facility or activity is physically located or conducted including adjacent land used in connection with the facility or activity.

"Stratum" (plural strata) means a single sedimentary bed or layer, regardless of thickness, that consists of generally the same kind of rock material.

"Subsurface fluid distribution system" (SFDS) means an assemblage of perforated pipes, drain tiles, or mechanisms intended to distribute fluids below the surface of the ground.

"Total Dissolved Solids" means a material that passes through a standard glass fiber filter disk and remains after evaporation and drying to constant weight at 180°C.

"Transferee" means the owner or operator receiving ownership and/or operational control of the well.

"Transferor" means the owner or operator transferring ownership and/or operational control of the well.

"Tremie pipe" means a device, usually small diameter pipe, that carries grouting materials to the bottom of a drill hole and allows the emplacement of the grout from the bottom up without the introduction of appreciable air pockets.

"UIC" means the Underground Injection Control program.

"Underground injection" means a "well injection."

"Underground source of drinking water" (USDW) means an aquifer or its part that:

(a) currently supplies any public water system; or
(b) contains a sufficient quantity of ground water to supply a public water system; and
1. currently supplies drinking water for human consumption; or
2. contains fewer than 10,000 mg/L total dissolved solids; and
(c) which is not a portion of an aquifer which has been designated by the Commissioner as an Exempted Aquifer.

"Well" means a bored, drilled, driven or dug shaft or hole whose depth is greater than the largest surface dimension or an improved sinkhole; or a subsurface fluid distribution system.

"Well injection" means the subsurface emplacement of fluids through a "well."

Tenn. Comp. R. & Regs. 0400-45-06-.02

Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.

Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.