Section 0400-45-06-.08 - AUTHORIZATION BY PERMITFor Injection Wells Not Authorized By Rule.
(1) Permit Application All permit applicants for injection wells not authorized by rule shall provide the following information to the Commissioner, using a form provided by the Commissioner:
(a) The activities conducted by the applicant which require it to obtain a UIC permit.(b) Name, mailing address, and location of the facility for which the application is submitted.(c) Up to four North American Industry Classification System (NAICS) codes which best reflect the principal products or services provided by the facility.(d) The operator's name, address, telephone number, ownership status, and status as Federal, State, private, public, or other entity.(e) Whether the facility is located on Indian lands.(f) A listing of all permits or construction approvals received or applied for under any of the following programs: 1. Hazardous Waste Management program under federal or state law.2. UIC program under federal or state law.3. NPDES program under federal or state law.4. Prevention of Significant Deterioration (PSD) program under federal or state law.5. Nonattainment program under federal or state law.6. National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under federal or state law.7. Ocean dumping permits under the Marine Protection Research and Sanctuaries Act.8. Dredge and fill permits under section 404 of the Clean Water Act, 33 U.S.C. Section 1344.9. Other relevant environmental permits.(g) A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within a quarter mile of the facility property boundary.(h) A brief description of the nature of the business.(2) A permit application will be processed when:(a) A completed application form, all information required by these rules and any supplemental information, as may be required, is submitted to the Commissioner. The application shall identify (by narrative description, illustrations, maps, or other suitable means) and describe by geographic or geometric terms (including lateral and vertical limits and gradients) the area intended to be used as an injection zone.(b) The feasibility requirements that apply to the proposed injection well have been satisfied.(3) Duration of permits(a) Permits for Class I and V wells and authorizations for Class V wells shall be effective for a fixed term not to exceed five (5) years. Permits for Class II and III wells may be issued for a period up to the operating life of the facility. Each Class II or III well permit shall be reviewed at least once every five (5) years to determine whether it should be modified, revoked and reissued, or revoked as provided in paragraphs (7) and (8) of this rule.(b) Except as provided by the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101 et seq., the term of a permit shall not be extended by modification beyond the maximum duration specified in this rule.(c) The Commissioner may issue any permit for a duration that is less than the full allowable term under this rule.(4) Schedules of compliance (a) The permit may when appropriate specify a schedule of compliance.(b) Time for compliance Any schedule of compliance shall require compliance as soon as possible but in no case later than three (3) years after the effective date of the permit.
(c) Interim dates Except as provided in this subparagraph, if a permit establishes a schedule of compliance which exceeds one (1) year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievements.
1. The time between interim dates shall not exceed one (1) year.2. If the time necessary for completion of any interim requirement (such as the construction of a control facility) is more than one (1) year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.(d) Reporting Progress reports shall be submitted no later than thirty (30) days following each interim date and the final date of compliance.
(5) Effect of a permit (a) A permit may be revoked, suspended or modified during its term for cause, under T.C.A. § 69-3-108(f).(b) The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.(c) The issuance of a permit does not authorize any injury to persons or property or invasion of other property rights, or any infringement of other State, Federal or local laws or regulations. In particular, the issuance of a permit does not relieve a Class I, Class IV or Class V permittee from any applicable requirement he may be subject to under the Tennessee Hazardous Waste Management Act (T.C.A. §§ 68-212-101 et seq.)(6) Transfer of permits A permit may be transferred by the permittee to a new owner or operator as a minor modification if the permit has been modified or revoked and reissued.
(7) Public notice of permit actions and public comment period. (a) Scope The Commissioner shall give public notice that the following actions have occurred:
1. A draft permit has been prepared. A draft permit shall contain: (i) All permit conditions(ii) All compliance schedules for corrective action; and(iii) All monitoring requirements(b) Upon request, the Commissioner shall send to the requestor copies of the foregoing documents.(c) Timing 1. Public notice of the preparation of a draft permit shall allow at least thirty (30) days for public comment.2. Public notice of a public hearing shall be given at least thirty (30) days before the hearing. (Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.)(d) Methods Public notices of permit actions shall be given by the following methods: .
1. By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this paragraph may waive his or her rights to receive notice for any classes and categories of permits): (ii) any other agency which the Commissioner knows has issued or is required to issue a RCRA, PSD, NPDES or 404 permit for the same facility or activity;(iii) federal, state and local agencies with jurisdiction over fish, shellfish, and wildlife resources; the Advisory Council on Historic Preservation, state historic preservation officers, and other appropriate government authorities, including any affected States;(iv) persons on a mailing list developed by: (I) notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in other publications such as regional and state funded newsletters, environmental bulletins, or State law journals; and(II) including those who request in writing to be on the list. (The Commissioner may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Commissioner may delete from the list the name of any person who fails to respond to such a request.)2. By publication of a notice in a daily or weekly newspaper within the area to be affected by the facility or activity;3. Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.(e) Contents All public notices of permit actions shall contain the following minimum information:
1. Name and address of the Commissioner office processing the permit action for which notice is being given;2. Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;3. A brief description of the business conducted at the facility or activity described in the permit application;4. A description of the type and quantity of wastes, fluids, or pollutants which are proposed to be injected;5. A brief summary of the basis for the permit conditions;6. Reasons why any requested variances do or do not appear justified; .7. Name, address, and telephone number of a person from whom interested persons may obtain further information including copies of the draft permit, fact sheet when prepared, and the application;8. A brief description of the applicable comment procedures including, the beginning and ending dates of the comment period, procedures for requesting a hearing, and any other procedures by which the public may participate in the final decision;9. Reference to the date of previous public notices relating to the permit;10. Date, time, and place of the hearing;11. A brief description of the nature and purpose of the hearing including the applicable rules and procedures; and12. Any additional information considered necessary or proper.(f) Public comments and requests for public hearings During the public comment period, any interested person may submit written comments on the permit application or draft permit and may request a public hearing. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised.
(g) Public hearings The Commissioner shall hold a public hearing whenever, as evidenced by requests, there is public interest in a draft permit. A public hearing may also be held at the Commissioner's discretion to clarify issues in the permit.
(h) Consideration of comments and response1. All comments submitted during the public comment period and all hearing testimony shall be considered in making the final decision.2. If a decision is reached to issue a final permit, the Commissioner shall respond to comments when the permit is issued. This response shall: (i) Be made available to the public;(ii) Specify which provisions, if any, of the draft permit have been changed in the final permit, and the reasons for the change; and(iii) Briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any hearing.(i) Notice of final permit decision 1. After the close of the comment period, the Commissioner shall notify the applicant and each person who has submitted written comments, or requested notice, of the final permit decision. This notice shall contain reference to the procedures for appealing a permit decision.2. A final permit decision shall become effective thirty (30) days after service of notice on the applicant of the final permit decision, unless a later date is specified in the notice, or a petition is filed pursuant to subparagraph (j) or (k) of this paragraph.(j) Within thirty (30) days of receipt of notice of a final permit decision, or prior to any later date specified in the notice, any person other than the applicant who has filed comments on that permit, or its drafts, may petition the Board for a hearing on the permit or any condition of the permit. The petition shall include a statement of all of the permit conditions which are challenged and the reasons supporting the challenge. This hearing shall be legislative in nature and shall not be a contested case within the meaning of T.C.A. § 4-5-102 of the Uniform Administrative Procedures Act. The Board shall make a recommendation on issuance or denial of the permit or permit conditions to the Commissioner that shall become final and effective in thirty (30) days if the Commissioner takes no action.(k) Within thirty (30) days of receipt of notice of a final permit decision, the permit applicant may file a petition with the Board for a contested case hearing pursuant to T.C.A. §§ 69-3-105 and 4-5-301 et seq.(8) Modification or revocation and reissuance of permits When the Commissioner determines that one or more causes exist for modification or revocation and reissuance of a permit, the Commissioner may modify or revoke and reissue the permit accordingly, subject to the limitations of subparagraph (c) of this paragraph, and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. If a permit modification satisfies the criteria for minor modifications, the permit may be modified without a draft permit or public review. Otherwise, a draft permit must be prepared and public review procedures as set out herein must be followed.
(a) Causes for modification The following are causes for modification and may be causes for revocation and reissuances.
1. Alterations There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit.
2. Information The Commissioner has received information that was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and would have justified the application of different permit conditions at the time of issuance. This cause shall include any information indicating that cumulative effects on the environment are unacceptable.
3. New regulations The standard or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. Permits other than for Class II or III wells may be modified during their terms for this cause, only as follows: .
(i) For promulgation of amended standards or regulations, when:(I) The permit condition requested to be modified was based on a Departmental regulation;(II) The Commissioner has revised withdrawn, or modified that portion of the regulation on which the permit condition was based; and(III) A permittee requests modification within thirty (30) days after public notice of the action on which the request is based.(ii) For judicial decisions, a court of competent jurisdiction has remanded and stayed Department promulgated regulations if the remand and stay concern that portion of the regulations on which the permit condition was based and a request is filed by the permittee in accordance with these regulations within thirty (30) days of judicial remand.4. Compliance schedules The Commissioner determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy.
(b) Causes for modification or revocation and reissuance The following are causes to modify or, alternatively, revoke and reissue a permit:
1. Cause exists for revocation and the Commissioner determines that modification or revocation and reissuance is appropriate; and2. The Commissioner has received notification of a proposed transfer of the permit.(c) Facility siting Suitability of the Facility location will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.
(9) Revocation of permits or denial of renewal application(a) The Commissioner may revoke a permit during term, or deny a permit renewal application for the following causes:1. Noncompliance by the permittee with any condition of the permit;2. The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or3. A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or revocation.(b) Notice of intent to revoke and reissue, or terminate. If the Commissioner tentatively decides to revoke and reissue a permit, a notice of intent to revoke and reissue, or notice of intent to terminate shall be issued.(10) Minor Modifications Upon the consent of the permittee, the Commissioner may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this paragraph without following the entire permitting procedure. Minor modifications may only:
(a) Correct typographical errors;(b) Require more frequent monitoring or reporting by the permittee;(c) Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;(d) Change quantities or types of fluids injected which are injected within the capacity of the facility as permitted and, in the judgment of the Commissioner would not interfere with the operation of the facility or its ability to meet conditions described in the permit and would not change its classification;(e) Change a construction requirement approved by the Commissioner, provided that any such alteration shall comply with all requirements of this rule;(f) Amend a plugging and abandonment plan; or(g) Allow for a change in ownership or operational control of a facility where the Commissioner determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the commissioner.(11) Confidentiality of information The handling of confidential information shall be governed by T.C.A. § 69-3-113.
(12) Signatories to applications and reports (a) Applications All permit applications, shall be signed as follows:
1. For a corporation: by a responsible corporate officer. For the purpose of this part, a responsible corporate officer means:(i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy or decision making functions for the corporation, or(ii) The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million dollars (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (Note: The Commissioner does not require specific assignments or delegations of authority to responsible corporate officers identified in this part. The Commissioner will presume that these responsible corporate officers have the requisite authority to sign permit applications unless the corporation has notified the Commissioner to the contrary. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions under subpart (ii) of this part rather than the specific individuals.)
2. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or3. For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official.(b) Reports All reports required by permits, and other information requested by the Commissioner, shall be signed by a person described in subparagraph (a) of this paragraph or by a duly authorized representative of that person. A person is a duly authorized representative only if:
1. The authorization is made in writing by a person described in subparagraph (a) of this paragraph;2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, or position of equivalent responsibility (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and3. The written authorization is submitted to the Commissioner.(c) Changes to authorization If an authorization under subparagraph (b) of this paragraph is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subparagraph (b) of this paragraph must be submitted to the Commissioner prior to or at the time any reports, information, or applications signed by an authorized representative are submitted.
(d) Certification Any person signing a document under this paragraph shall make the following certification.
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(13) Permit Requirements All UIC permits shall contain permit conditions established by the Commissioner as necessary to fulfill the purposes of the Tennessee Water Quality Control Act, T.C.A. §§ 69-3-101 et seq., a description of the injection zone being permitted, and any necessary corrective action as stated under paragraph (5) of Rule 0400-45-06-.09. The permit conditions shall be set at levels to prevent adverse effects to persons utilizing the ground water resource after consideration of at least the following factors: any guidelines set for certain pollutants by U.S.E.P.A., the flow characteristics of ground water, risk to humans and the risk of migration. The requirements of subparagraphs (a) through (n) of this paragraph apply to all UIC permits. All conditions applicable to all permits shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations must be given in the permit.
(a) The permittee must comply with all conditions of this permit and all applicable laws and regulations. Any permit noncompliance constitutes a violation of the Tennessee Water Quality Control Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.(b) If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit prior to expiration of this permit.(c) It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.(d) The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from non-compliance with this permit.(e) The permittee shall at all times properly operate and maintain all facilities and systems of related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.(f) This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.(g) This permit does not convey any property rights of any sort, or any exclusive privilege.(h) The permittee shall furnish to the Commissioner, within a time specified, any information which the Commissioner may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Commissioner, upon request, copies of records required to be kept by this permit.(i) The permittee shall allow the Commissioner, or an authorized representative of the Commissioner, upon the presentation of credentials to: .1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;3. Inspect at reasonable times any facility, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and4. Sample or monitor at reasonable times, for the purposes or assuring permit compliance or as otherwise authorized by the Tennessee Water Quality Control Act, any substances or parameters at any location.(j) Monitoring and records1. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. The permittee shall monitor injection fluids, injection operations, and local ground water supplies, in accordance with the requirements for the applicable class of well stated in Rules 0400-45-06-.10 through 0400-45-06-.14.2. The permittee shall retain records of all monitoring information, including the following: (i) Calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report, or application. This period may be extended by request of the Commissioner at any time; and(ii) The nature and composition of all injected fluids until three years after the completion of any plugging and abandonment procedures. The Commissioner may require the owner or operator to deliver the records to the Department at the conclusion of the retention period.3. Records of monitoring information shall include:(i) The date, exact place, and time of sampling or measurements;(ii) The individual(s) who performed the sampling or measurements;(iii) The date(s) analyses were performed;(iv) The individual(s) who performed the analyses;(v) The analytical techniques or methods used; and(vi) The results of such analyses.(k) All applications, reports, or information submitted to the Commissioner shall be signed and certified.(l) Reporting requirements1. Planned Changes The permittee shall give notice to the Commissioner as soon as possible of any planned physical alterations or additions to the permitted facility.
2. Anticipated noncompliance The permittee shall give advance notice to the Commissioner of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
3. Transfers See paragraphs (5), (7), (8) and (9) of this rule.
4. Monitoring reports Monitoring results shall be reported at the intervals specified elsewhere in this permit.
5. Compliance schedules Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 30 days following each schedule date.
6. Twenty-four hour reporting The permittee shall report any noncompliance which may endanger health or the environment, including:
(i) Any monitoring or other information which indicates that any contaminant may cause an endangerment to USDWs; or(ii) Any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between USDWs. Any such information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within 72 hours of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance.
7. Other noncompliance The permittee shall report all instances of noncompliance not reported under parts 1, 4, 5, and 6 of this subparagraph, at the time monitoring reports are submitted. The reports shall contain the information listed in part 6 of this subparagraph.
8. Other information Where the permittee becomes aware that it failed to submit any relevant acts in a permit application, or submitted incorrect information in a permit application or in any report to the Commissioner, it shall promptly submit such facts or information.
(m) Requirements prior to commencing injection Except for all new wells authorized by an area permit under Rules 0400-45-06-.11 and 0400-45-06-.12, a new injection well may not commence injection until construction is complete, and
1. The permittee has submitted notice of completion of construction to the Commissioner; and2.(i) The Commissioner has inspected or otherwise reviewed the new injection well and finds it is in compliance with the conditions of the permit; or(ii) The permittee has not received notice from the Commissioner of his or her intent to inspect or otherwise review the new injection well within 13 days of the date of the notice in part 1 of this subparagraph, in which case prior inspection or review is waived and the permittee may commence injection. The Commissioner shall include in his notice a reasonable time period in which he shall inspect the well.(n) The permittee shall notify the Commissioner at such times as the permit requires before conversion or abandonment of the well, or in the case of area permits, before closure of the project.(o) The permittee shall at all times maintain sufficient financial resources to allow for the proper plugging and abandonment of the well. In the event of a change of ownership or other transfer of permit, the transferee shall provide proof of financial responsibility before continued operation. 1. For Class I and III wells, a surety bond or cash bond shall be filed with the Commissioner prior to permit issuance. At the Commissioner's discretion, other forms of financial assurance for Class I wells may be acceptable.2. Class II wells shall have a surety bond or cash bond for a total of $4,000 per well. If there is an existing $2,000 bond with the Tennessee Oil and Gas Board, the bond under this rule shall be $2,000. If no bond currently exists, the bond shall be for $4,000.3. At the Commissioner's discretion, a bond may be required for Class V wells.(p) The owner or operator of a Class I, II or III well permitted under this part shall establish prior to commencing injection or on a schedule determined by the Commissioner, and thereafter maintain mechanical integrity for the well. When the Commissioner determines that a Class I, II, or III well lacks mechanical integrity, the Commissioner shall give written notice of the determination to the owner or operator. Unless the Commissioner requires immediate cessation, the owner or operator shall cease injection into the well within 48 hours of receipt of the Commissioner's determination. The Commissioner may allow plugging of the well pursuant to the requirements of this rule or require the permittee to perform such additional construction, operation, monitoring, reporting and corrective action as is necessary to prevent the movement of fluid into or between USDWs caused by the lack of mechanical integrity. The owner or operator may resume injection upon written notification from the Commissioner that the owner or operator has demonstrated mechanical integrity pursuant to this rule. The Commissioner may allow the owner or operator of a well which lacks mechanical integrity to continue or resume injection, if the owner or operator has made a satisfactory demonstration that there is no movement of fluid into or between USDWs.(q) A Class I, II or III permit shall include and a Class V permit may include, conditions to insure that plugging and abandonment of the well will not allow the movement of fluids into or between USDWs. Where the Commissioner's review of an application indicates that the permittee's plan is inadequate, the Commissioner may require the applicant to revise the plan, prescribe conditions meeting the requirements of this paragraph, or deny the permit.Tenn. Comp. R. & Regs. 0400-45-06-.08
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.