Tenn. Comp. R. & Regs. 0400-45-06-.10

Current through October 22, 2024

Section 0400-45-06-.10 - CLASS I WELLS

(1) The following are prohibited:

(a) Subsurface emplacement of fluids containing hazardous waste into ground water.

(b) Subsurface emplacement of waste fluids into ground water in a location containing extractable energy-related resources including but not limited to oil, gas, oilshale, coal and lignite. (See attached Appendix A)

(c) Subsurface emplacement of waste fluids into ground water in areas characterized by regional rock deformation such as of the magnitude that occurs in eastern Tennessee. (See attached Appendix A)

(d) Subsurface emplacement of waste fluids into or beneath aquifers composed of uncemented sand such as occurs in western Tennessee. (See attached Appendix A)

(e) The application of pressures sufficient to initiate new fractures or propagate existing fractures in the injection or confining zone.

(2) Permit Application for Class I Wells

(a) Three separate and independent permits will be needed for Class I Wells. They are:

1. Construction permits;

2. Operating permits; and

3. Abandonment and plugging permits.

(b) The counties in the following list generally do not have the characteristics enumerated in paragraph (1) of this rule. However, if such characteristics do exist in a particular location the prohibitions in paragraph (1) of this rule would apply.

Bedford	Houston	Perry
Cannon	Humphreys	Robertson
Cheatham	Lawrence	Rutherford
Coffee	Lewis	Smith
Davidson	Lincoln	Stewart
DeKalb	Macon	Sumner
Dickson	Maury	Trousdale
Franklin	Marshall	Warren
Giles	Moore	Williamson
Hickman	Montgomery	Wilson

(3) Construction Permit Requirements

(a) Feasibility Study

An application for a permit to construct a new Class I injection well or for a permit modification to inject a fluid which has not been authorized by the existing permit shall be considered only after a thorough evaluation of all reasonable disposal methods. This requirement shall be satisfied as follows:

1. Submission to the Commissioner of a technical report providing:

(i) a characterization of the fluid to be injected;

(ii) the source of the fluid to be injected;

(iii) an evaluation of all reasonable methods of disposal which may be used for each fluid to be injected;

(iv) a demonstration of the effect of the fluid on the host rock and the ground water; and

(v) documentation that underground injection is a feasible means of the permitting process or disapprove the proposed injection well.

2. After a review, the Commissioner, will either approve continuation of the permitting process or disapprove the proposed injection well.

(b) Description of Area

If the Commissioner approves the feasibility study, a hydrogeologic description of the area surrounding the site of the proposed injection facility must be submitted. The study area shall extend for at least a two and one-half miles (21/2) radius of the site. The description shall include but not be limited to the following:

1. A set of inventories and maps that shall provide the following information to the extent that such information is known to the applicant or is available in public records.

(i) A tabulation of data on all wells of public record (to include water wells) located within the study area, to include:

(I) method of construction,

(II) date drilled,

(III) location,

(IV) depth,

(V) record of plugging or completion, and

(VI) the present use of the well.

(ii) A tabulation of surface waters located within the study area to include:

(I) type

(II) location, and

(III) use.

(iii) A map(s) showing the location of:

(I) wells,

(II) surface waters, and

(III) other pertinent surface features such as roads, mines, quarries, residences and planned developments, within the study area.

2. Hydrogeological data including maps and cross sections showing local and regional geological structure, the horizontal and vertical extent of formation(s) containing a USDW, the proposed injection zone, and the direction of flow of water in each formation(s) containing a USDW and proposed injection zone.

3. After a review, the Commissioner will either approve continuation of the permitting process or disapprove the proposed injection well.

(c) Construction Plans

Application for a permit to construct a Class I Well shall contain a proposed step-by-step drilling plan. The drilling plan must specify the proposed drilling, sampling, coring, and testing program and adhere to the design criteria and construction standards provided in this rule. If the Commissioner determines that the construction permit application meets the requirements of subparagraphs (d), (e), and (f) of this paragraph, the construction permit shall be issued.

(d) Design Criteria

1. All Class I wells shall be designed and constructed in such a fashion they inject into a formation which is beneath the lowermost formation containing a USDW.

2. All Class I wells shall be cased and cemented to prevent the movement of fluids into or between formation(s) containing a USDW and to maintain the quality of aquifers above the injection zone that may be used for monitoring or other purposes.

3. A deviation survey will be run at sufficiently frequent intervals to ensure that the casing can be set and centered for cementing.

4. The Commissioner may require directional surveys, if, after an analysis of the well design and drilling program, it is deemed necessary.

5. The construction should be supervised by a person knowledgeable and experienced in drilling and completion of injection wells.

6. All Class I injection wells shall inject fluids through tubing with a packer set immediately above the injection zone, or tubing with an approved fluid seal as an alternative. The tubing, packer, and fluid seal shall be designed for the expected service.

(e) Casings

1. The casings used in the construction of each newly drilled Class I well shall be designed for the life expectancy of the well.

2. The number, thickness, type of materials, and length of casing shall be sufficient to protect the USDWs and the integrity of the well and the confining strata.

3. Exact setting depths for all casings shall be determined in the field, based on all available information, in order to best protect USDWs.

(f) Cementing

The applicant shall submit the proposed cementing program with the drilling plan. The proposed program should insure that an adequate bond can be achieved between the casing and the borehole.

1. The cementitious material used in the construction of each newly drilled well shall be designed for the life expectancy of the well. In determining and specifying casing and cementing requirements, the following factors shall be considered:

(i) depth to the injection zone;

(ii) depth to the bottom of all formation(s) containing USDWs;

(iii) injection pressure, external pressure, internal pressure, and axial loading;

(iv) hole size; .

(v) size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification and construction material);

(vi) corrosiveness of injected fluid, formation fluids, and temperatures;

(vii) lithology of injection and confining zones;

(viii) type, grade, and amount of cementitious material.

2. Cementitious material must be compatible with the injected fluid, native fluids, and the formations penetrated by the bore hole.

3. Use of additives to the cementitious materials used for mixing shall be determined by the applicant, provided the integrity, containment, corrosion protection, and structural strength of the cementitious material are not significantly affected. Accurate records shall be kept and recorded of all additives used.

4. Prior to cementing, the hole shall be conditioned in such a way as to optimize bonding of the cement to the casing and formation, and to prevent channeling.

5. Placement of cementitious material shall be in such a manner that the purposes and characteristics of the cement are retained, and shall be subject to Commissioner approval.

6. The applicant shall submit a cement testing program with the permit application for Commissioner approval. The purpose of the cement testing program is to insure that the cement seal is adequate to prevent migration of fluids in channels, microannular spaces, or voids in the cement. The following methods of testing, as a minimum, shall be considered:

(i) pressure testing of casing - to not less than 1.5 times the expected injection pressure;

(ii) temperature log - must be run within forty-eight (48) hours after cementing; and

(iii) cement bond log.

(g) Testing during drilling and construction of new Class I wells

Appropriate logs and other tests shall be conducted during the drilling and construction of new Class I wells. A descriptive report interpreting the results of such logs and tests shall be prepared by a qualified log analyst and submitted to the Commissioner. At a minimum, such logs and tests shall include:

1. Directional surveys on all holes that are constructed by first drilling a pilot hole, and then enlarging the pilot hole by reaming or another method. Construction of pilot holes is not encouraged.

2. Such other logs and tests as may be needed after taking into account the availability of similar data in the area of the drilling site, the construction plan, and the need for additional information. In determining which logs and tests shall be required, the following logs shall be considered for use in the following situations: .

(i) For surface casing intended to protect USDWs:

(I) resistivity, spontaneous potential, and caliper logs before the casing is installed; and

(II) a cement bond, temperature, or density log after the casing is set and cemented.

(ii) For intermediate and long strings of casing intended to facilitate injection:

(I) resistivity, spontaneous potential, porosity, and gamma ray and caliper logs before the casing is installed;

(II) fracture finder logs; and

(III) a cement bond, temperature, or density log after the casing is set and cemented.

3. The following information concerning the proposed injection zone shall be determined or calculated for new Class I wells:

(i) hydrostatic pressure head;

(ii) temperature of the native fluid;

(iii) geostatic pressure;

(iv) other physical and chemical characteristics of the proposed injection zone;

(v) physical and chemical characteristics of the native fluids;

(vi) generalized direction of fluid flow in the proposed injection zone; and

(vii) other information as deemed necessary by the Commissioner.

(h) Testing Integrity of Completed Class I Well(s)

1. The completed well(s) will be tested to assure that the well(s) will function as built. Tests to be considered shall include, but not be limited to, the followings:

(i) cement bond log;

(ii) temperature log;

(iii) pressure test of final casing to at least 1.5 times the expected injection pressure for one hour, with no pressure drop after temperature correction;

(iv) casing inspection log from top to bottom of the well for baseline monitoring purposes;

(v) injection tests; and

(vi) withdrawal tests - if necessary.

(i) Construction Reports

1. The Commissioner shall be notified when drilling is to commence.

2. The Commissioner will require periodic data reports and progress reports that may include, but not be limited to, the following:

(i) driller's log;

(ii) geophysical logs;

(iii) core analyses;

(iv) lithologic log;

(v) drill stem test data;

(vi) injection or withdrawal test data;

(vii) pressure test data; and

(viii) construction progress reports.

3. Interpretation of data will be required in the data reports or progress reports at each milestone phase of construction such as completion of the pilot hole, completion of test well, and completion of well performance tests.

4. The applicant shall submit final reports of pertinent data collected with interpretations to the Commissioner with the application for an Injection Well Operation Permit.

(4) Operating Permits

(a) Application for permit to operate any Class I well shall be complete and contain any information necessary to provide:

1. A feasibility study including all of the items required in subparagraph (3)(a) of this rule. An up-to-date feasibility study must also be submitted with any request for renewal of an operating permit. If the feasibility study is not included, the application for renewal of an operating permit will not be complete.

2. A description of the area of review which applies to each Class I injection well in a manner acceptable to the Commissioner. The description shall take into account the zone of endangering influence. A radius around the injection well field of not less than one mile shall be used as a minimum area of review. A determination of the area of review shall include, but not be limited to, the following information:

(i) the geologic and hydrologic characteristics of the host rock, and the confining unit separating the injection zone from the lowermost formation(s) containing a USDW;

(ii) the characteristics of the injection fluids and native fluids;

(iii) number of people residing in the area of review; and

(iv) ground water use and dependence; past, present, and future to the extent such information is known to the applicant or is on public record.

3. The compatibility of the non-hazardous injected fluid with both the native fluid and the host rock of the in tended injection zone must be demonstrated using laboratory or field data.

4. Contingency plans to prevent pollution of any USDWs or surface water which may be caused by failure of the well or associated equipment.

5. A plan for plugging and abandonment of the proposed injection well. Plugging shall be accomplished so that the injection zones are completely isolated and the movement of fluids into any formation(s) containing a USDW or between formation(s) containing a USDW is prevented. Plugging shall also be accomplished so that surface water cannot enter the well.

6. A report on the status of any corrective action required under these rules.

(b) Operating Requirements for Class I Wells

1. Injection pressure shall not exceed a maximum of 0.60 psi/foot of depth from the land surface to the shallowest injection zone unless the applicant can demonstrate, to the satisfaction of the Commissioner that a higher pressure can be used and will not initiate new fractures or propagate existing fractures in the injection zone.

2. Total pressure shall not exceed the maximum allowable stress of the materials used to construct the well.

3. Injection of wastewater between the outermost casing protecting USDWs and the inner tubing is prohibited.

4. All waste fluids to be emplaced shall be injected through tubing.

5. The annulus between the tubing and the long string of casing shall be filled with a fluid approved by the Commissioner. A pressure, also approved by the Commissioner shall be maintained on the annulus sufficient to allow for continuous monitoring of the mechanical integrity of the well.

6. The Commissioner shall be notified when operation is to commence.

7. Other operational limitations shall be established as necessary on a case-by-case basis.

(c) Operation and maintenance Manual

1. Operation and maintenance procedure manual(s) shall be prepared for injection well disposal facilities, or parts thereof. The manual shall, at a minimum, contain appropriate information discussed in the remainder of this subparagraph. The Commissioner may require that the manual be submitted as part of the application for an operating permit.

2. The required procedure shall provide for the reliable and efficient operation and maintenance of the injection well disposal facility, in accordance with the requirements of this rule.

3. The detail of the required manual shall be consistent with the complexity of the system. The manual shall be developed in accordance with the unique requirements of the individual injection well disposal facility and shall provide the operator with sufficient information and description regarding the design, operation, and maintenance criteria and features of the disposal facility involved.

4. Basic hydraulic and engineering design criteria for the injection well disposal facility shall be included in the manual, as well as information and procedures required for normal control and distribution of effluent within the injection well disposal facility.

5. Information concerning process control and performance evaluation for the facility shall be included, as well as equipment and procedural descriptions for emergency operating conditions, alternate discharge as a back-up procedure, and listing of spare parts to have on hand. Regular maintenance of all equipment, repair, safety, and monitoring procedures, laboratory, lab testing equipment, and personnel requirements, and a "trouble shooting" problem guide shall also be included in the manual.

6. A copy of the manual shall be provided to the operator of the injection facility by the permittee. The manual shall be available for reference at the facility or other approved site. The permittee shall maintain at least one copy of the manual.

7. The Commissioner may require revisions to the manual to reflect any facility modifications performed in order to comply with the requirements of this chapter, or to reflect experience resulting from facility operation.

(d) Abnormal Events

1. In the event the permittee is temporarily unable to comply with any of the conditions of a permit that may result in imminent harm to the public health or to the environment due to breakdown of equipment, power outages, destruction by hazard of fire, wind, or by other cause, the permittee of the facility shall immediately cease injection and shall notify the Commissioner. Notification shall be made in person, by telephone, or by telegraph to the nearest office of the Department within 24 hours of breakdown or malfunction.

2. A written report shall be required by the Commissioner within 72 hours of the notification referenced in part 1 of this subparagraph. The report shall describe the nature and cause of the breakdown or malfunction, the steps being taken or planned to be taken to correct the problem and prevent its reoccurrence, emergency procedures in use pending correction of the problem, and the time when the facility will again be operating in accordance with permit conditions.

3. Under emergency conditions in which the permittee is unable to use the permitted well, the permittee may use an alternate discharge only with prior approval of the Commissioner. The applicant shall address the alternate disposal method in the permit application and the operating manual.

4. In the event a well must be developed the applicant shall address disposal of backwashed fluids. The disposal method shall be approved by the Commissioner.

(e) Operational Monitoring Requirements

1. In determining the type, number, depth, and location of monitoring wells to be used and the parameters to be measured, the following criteria shall, as a minimum, be considered: .

(i) the local geology and hydrology,

(ii) the extent of the area of review;

(iii) the proximity of the injection operation to points of withdrawal of drinking water;

(iv) the operating pressures and attendant hydraulic gradients;

(v) the physical and chemical character of the injected fluid; and

(vi) the number, type, location, and depth of water wells in the area of review.

2. The Commissioner shall be allowed access at reasonable times to the permittee's property and records for the purpose of inspections and the collection of samples for analyses from the wastewater streams associated with the permitted wells.

3. The physical and chemical quality of the native fluid in the injection zone and in the zone(s) to be monitored shall be established prior to injection.

4. The injected fluid shall be analyzed with sufficient frequency to yield representative data on its characteristics.

5. Continuous indicating and recording devices shall be used to monitor fluid level or closed-in surface pressure in monitor wells other than the injection wells.

6. The mechanical integrity of the injection well system shall be examined and evaluated at least once every three years in accordance with the standards contained in this rule.

(f) Class I injection wells shall be monitored as follows:

1. Continuous indicating and recording devices shall be installed and used to monitor the following:

(i) injection rate and daily volume of injected fluids;

(ii) injection pressure; and

(iii) pressure maintained on the annulus between the injection tubing and the long string of casing.

2. Determination shall be made at least twice monthly of the injectivity index of each well used for injection. The method of determination shall be subject to the approval by the Commissioner.

(g) Sampling frequency and procedure for monitoring wells other than the injection well shall include, but not be limited to:

1. The fluids in the zone to be monitored shall be sampled and analyzed with sufficient frequency to yield representative data on its characteristics. The frequency shall be at least monthly.

2. Constituents to be monitored shall be those determined appropriate based on the nature of the waste being injected.

3. Samples must be collected by a method insuring that the sample is representative of the fluid in the zone to be monitored. The method shall be subject to approval by the Commissioner.

(h) Operation Reports

1. The applicant must submit, for Commissioner approval, his proposed methodology for collection and reporting of operational data, to insure that data is collected, correlated, and reported in a fashion that would enable the agency to evaluate well performance.

2. Reporting requirements shall, at a minimum, include:

(i) Quarterly reporting to the Commissioner;

(ii) Monthly average, maximum and minimum values for injection pressure, flow rate, volume, and annular pressure; and

(iii) Results of mechanical integrity and any other periodic test required by the Commissioner shall be reported with the first regular quarterly report after the completion of the test.

3. The results of analyses of representative samples of the injected fluid and water from the monitoring wells shall be submitted on a quarterly basis to the Commissioner. Parameters for such analyses shall be established on an individual basis.

(i) Ambient Monitoring

1. Based on a site-specific assessment of the potential for fluid movement from the well or injection zone and on the potential value of monitoring wells to detect such movement, the Commissioner shall require the owner or operator to develop a monitoring program. At a minimum, the Commissioner shall require:

(i) Monitoring of the pressure buildup in the injection zone annually, including a shut down of the well for a time sufficient to conduct a valid observation of the pressure fall-off curve; and

(ii) Periodic monitoring of the ground water quality in the first aquifer overlying the injection zone.

2. When prescribing a monitoring system the Commissioner may also require:

(i) Continuous monitoring for pressure changes in the first aquifer overlying the confining zone. When such a well is installed, the owner or operator shall, on a quarterly basis, sample the aquifer and analyze for constituents specified by the Commissioner;

(ii) The use of indirect, geophysical techniques to determine the position of the waste front, the water quality in a formation designated by the Commissioner, or to provide other site specific data; .

(iii) Periodic monitoring of the ground water quality in the lowermost USDW; and

(iv) Any additional monitoring necessary to determine whether fluids are moving into or between USDWs.

(5) Plugging and Abandonment Permits

(a) Upon the occurrence of any of the conditions stated in subparagraph (6)(a) of Rule 0400-45-06-.09, the owner or operator of the well shall submit an application for a permit for plugging and abandonment of the well.

(b) Before any injection well is plugged, the owner or operator shall obtain a permit for the plugging of the well.

(c) The application shall include the items stated in subparagraph (6)(b) of Rule 0400-45-06-.09.

(d) If the Commissioner finds that the application meets all requirements of these rules, then the permit for plugging and abandonment of the well shall be issued.

(e) Upon completion of plugging and abandonment of a well or wellfield, the permittee shall submit to the Commissioner a Final Report, in accordance with the standards described in paragraph (6) Rule 0400-45-06-.09, which shall include, but will not be limited to, the following:

1. Daily construction reports;

2. Certification of completion in accordance with approved plans and specifications by a person knowledgeable and experienced in the field; and

3. Evidence, such as a sealed copy or certification from the county clerk, that a surveyor's plot of the location of the abandoned wells has been recorded in the county courthouse property records.

(f) The Commissioner shall require post-closure monitoring of Class I wells for at least three (3) years. Results of such monitoring shall be reported quarterly to the Commissioner.

Tenn. Comp. R. & Regs. 0400-45-06-.10

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.