Section 0400-45-06-.07 - PERMIT REQUIRED(1) Except for exclusions specified in paragraph (3) of Rule 0400-45-06-.03, all injection wells and activities must be authorized by permit or by rule.(2) For new injection wells, a permit must be obtained before construction commences, unless the injection is authorized by rule as described in paragraph (2) of Rule 0400-45-06-.14.(3) The owner or operator of an existing Class II or III injection well shall complete, sign and submit to the Commissioner an application for permit in conformance with this Chapter within six (6) months from the date of approval of these rules. The owner or operator must demonstrate to the satisfaction of the Commissioner that the existing well complies with all applicable rules of this Chapter.(4) Continued injection into existing Class V Wells is authorized by virtue of this rule provided compliance with paragraph (1) of Rule 0400-45-06-.05 and any other applicable rules of this Chapter are maintained. Owners/operators of existing Class V wells that fail to maintain compliance shall immediately cease operation and submit an application. An application must be submitted within the appropriate time frame for each grand division as specified in this rule. Within six (6) months of the effective date of this rule, owner/operators of injection wells within the Western Grand Division must submit an application. Within twelve (12) months of the effective date of this rule, owner/operators of injection wells within the Central Grand Division must submit an application. Within eighteen (18) months of the effective date of this rule, owner/operators of injection wells within the Eastern Grand Division must submit an application. If an application for an existing Class V well is not submitted within the specified timeframe, the owner/operator shall be subject to an application fee for a new well as specified in paragraph (1) of Rule 0400-45-06-.18.(5) The Commissioner may require the owner or operator of a Class V injection well authorized by rule to apply for and obtain an injection well permit. Cases for which a permit may be required include: . (a) The injection well is not in compliance with the standards required by this Chapter.(b) Compliance with standards in addition to those listed in this Chapter is required to protect USDWs from pollution.(7) Class V wells utilizing innovative or experimental technologies may not be authorized by rule, but only by a permit. The permit shall require a surety bond.(8) Emergency permits. (a) Coverage Notwithstanding any other provision of this rule the Commissioner may temporarily permit a specific underground injection if:
1. An imminent and substantial endangerment to the health of persons will result unless a temporary emergency permit is granted, provided the injection will not result in the movement of fluids into underground sources of drinking water; or2.(i) A substantial and irretrievable loss of oil or gas resources will occur unless a temporary emergency permit is granted to a Class II well; and(ii) Timely application for a permit could not be practically made; and(iii) The injection will not result in the movement of fluids into underground sources of drinking water; or3. A substantial delay in production of oil or gas resources will occur unless a temporary emergency permit is granted to a new Class II well and the temporary authorization will not result in the movement of fluids into an underground source of drinking water.(b) Requirements for issuance 1. Any temporary permit under part (a)1 of this paragraph shall be for no longer term than required to prevent the hazard.2. Any temporary permit under part (a)2 of this paragraph shall be for no longer than 90 days, except that if a permit application has been submitted prior to the expiration of the 90-day period, the Commissioner may extend the temporary permit until final action on the application.3. Any temporary permit under part (a)3 of this paragraph shall be issued only after a complete permit application has been submitted and shall be effective until final action on the application.4. Notice of any temporary permit under this paragraph shall be published in accordance with paragraph (7) of Rule 0400-45-06-.08 within ten days of the issuance of the permit.5. The temporary permit under this paragraph may be either verbal, or written. If verbal authorization, it must be followed within 5 calendar days by a written temporary emergency permit.6. The Commissioner shall condition the permit in any manner he or she determines is necessary to ensure that the injection will not result in the movement of fluids into an underground source of drinking water.Tenn. Comp. R. & Regs. 0400-45-06-.07
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.