Section 0400-45-06-.12 - CLASS III WELLS(1) Permit Application(a) For Class III wells, the Commissioner shall require an applicant to furnish a feasibility study demonstrating the applicability of the injection well method of mining.(b) A permit must be obtained from the Commissioner prior to the operation of any Class III well. Prior to granting approval for operation of a Class III well or project, the Commissioner shall consider all relevant information developed during the construction phase as well as any information submitted in the permit application and supporting documents.(c) Permit applications for Class III wells shall be submitted by the applicant using the appropriate permit application form promulgated by the Department and shall contain any attachments necessary to provide:1. facility name and location;2. name and address of legal contacts (agents of process);3. ownership of facility, including address;4. a map and a tabulation of data as required by part (3)(b)1 of Rule 0400-45-06-.10.5. a description of the proposed injection system including type and construction of injection wells, nature of injected fluid and any proposed pretreatment;6. a statement of estimated daily volume of fluid to be injected and maximum injection pressure;7. an electric log of the well with the proposed injection zone marked, in the case of a well already drilled, or; in the case of undrilled wells a statement of the proposed zone to be mined and the approximate depth, top and bottom, of said zone;8. a schematic diagram of the proposed Class III well showing the casing and cementing program together with an explanation thereof; and9. a statement by the applicant that the proposed Class III well(s) will be completed in such a manner to insure that the injected substances are injected into the proposed injection zone and that provision has been made for adequate protection of USDWs and any other zones of commercial value.(d) The Commissioner may issue a permit on an area basis rather than for each Class III well individually provided that the injection wells are:1. described and identified by location in permit application(s) if they are existing wells, except that the Commissioner may accept a single description of wells with substantially the same characteristics;2. within the same well field, facility site, reservoir, project, or similar unit in the same State;3. operated by a single owner or operator; and4. used to inject other than hazardous waste.(e) Area permits shall specify:1. the area within which underground injections are authorized; and2. the requirements for construction, monitoring, reporting, operation, and abandonment, for all wells authorized by the permit.(f) The area permit may authorize the permittee to construct and operate, convert, or plug and abandon wells within the permit area provided: 1. the permittee notifies the Commissioner at such time as the permit requires;2. the additional well satisfies the criteria in subparagraph (d) of this paragraph and meets the requirements specified in the permit under subparagraph (e) of this paragraph; and3. the cumulative effects of drilling and operation of additional injection wells are considered by the Commissioner during evaluation of the area permit application and are acceptable to the Commissioner.(g) If the Commissioner determines that any well constructed under an area permit does not satisfy any of the requirements of this paragraph, the Commissioner may modify the permit, terminate, or take enforcement action. If the Commissioner determines that cumulative effects of additional wells are unacceptable, the permit may be modified or revoked.(2) Well Construction Standards for Class III Wells(a) General Design Considerations 1. All Class III wells shall be cased and cemented to prevent the movement of fluids into or between USDWs and to maintain the quality of aquifers above the injection zone that may be used for monitoring or other purposes.2. In the design specification for Class III wells, the applicant shall address the problem of corrosion, proposed protective measure(s), and if appropriate, proposed methods of monitoring the extent of corrosion subject to Commissioner approval. The applicant shall consider thickness and type of cement, number and thickness of casings, casing material, casing coatings, native fluid quality, injection fluid quality and life expectancy of the well.3. Class III 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. (i) The use of other alternatives may be allowed with the written approval of the Commissioner. To obtain approval, the applicant shall submit a written request to the Commissioner, which shall set forth the proposed alternative and all technical data supporting its use. The Commissioner will approve the request if the alternative method is deemed capable of providing a comparable level of protection to USDWs.(ii) In determining and specifying requirements for tubing, packer, or alternatives the following factors shall be considered:(II) characteristics of injection fluid (chemical content and corrosiveness);(III) injection rate and pressure;(V) temperature, volume, viscosity and density of injected fluid; and(VI) type and size of casing.4. Commissioner approval is required prior to any remedial procedures that alter the basic design specifications, materials, or character of the well.(b) Casings 1. The casings used in the construction of each newly drilled Class III 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 quality of USDW waters and the integrity of the well and the confining strata.3. Exact setting depths for all castings shall be determined in the field, based on all available information, and subject to the Commissioner's approval.(c) Cementing 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 by the applicant: (i) depth to the injection zone;(ii) depth to the bottom of all formations containing USDWs;(iii) injection pressure, external pressure, internal pressure, and axial loading;(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; and(viii) type or grade of cementitious material.2. Cementitious materials must be compatible with the injected fluid, native fluids, and the formations penetrated by the bore hole.3. Use of additives used for mixing shall be determined by the applicant, provided the integrity, containment, corrosion protection, and structural strength of the cement are not significantly affected. Accurate records shall be kept and recorded of all additives used.4. 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.5. The applicant shall submit his 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, micro-annular 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; and(d) Testing 1. Appropriate logs and other tests shall be made during the drilling and construction of new Class III wells. Upon completion of construction, the completed well system will be tested to assure that the well system will function as designed at the design operation pressures. A descriptive report interpreting the results of such logs and tests shall be prepared by a qualified log analyst and submitted to the Commissioner. The logs and tests appropriate to each type of Class III well shall be determined based on the intended function, depth, construction and other characteristics of the well, availability of similar data in the area of the drilling site and the need for additional information that may arise from time to time as the construction of the well progresses. At a minimum, such logs and tests shall include deviation checks conducted on all holes where pilot holes and reaming are used, at sufficiently frequent intervals to assure that vertical avenues for fluid migration in the form of diverging holes are not created during drilling.2. Where the injection zone is a water bearing formation, the following information concerning the injection zone shall be determined or calculated by the applicant for new Class III wells:(i) hydrostatic pressure head;(iv) other physical and chemical characteristics of the injection zone;(v) physical and chemical characteristics of the native fluids; and(vi) compatibility of injected fluids with formation fluids.3. Where the injection formation is not a water bearing formation, the fracture pressure shall be determined or calculated.(e) Environmental Concerns During Construction1. The disposal of drilling fluids or cuttings and the disposal of wastes during testing shall be in a sound environmental manner that avoids violation of surface and ground water quality standards. The proposed disposal method must be approved by the Commissioner prior to start of construction.2. For Class III wells, the applicant is advised that other permits may be required for surface facilities associated with the mining activity.(f) Operating Requirements 1. Total pressure shall not exceed the maximum allowable stress of the materials used to construct the well and shall not initiate new fractures or propagate existing fractures in the confining zone or in the injection zone or cause migration of fluids into USDWs.2. Injection between the outermost casing protecting USDWs and the inner tubing is prohibited.3. The Commissioner shall be allowed access at reasonable time to the permittee's property and records for the purpose of inspections and the collection of samples for analyses from the process and wastewater streams associated with the permitted wells.4. Other operational limitations shall be established as necessary on a case-by-case basis.(g) Monitoring Requirements 1. Monitoring Well Design (i) Monitor wells shall be located in such a fashion as to detect any excursion of injected fluids or process by-products outside the mining area or zone.(ii) Where injection is into a formation which contains water with less than 10,000 mg/L Total Dissolved Solids, monitoring wells shall be completed into the injection zone and into the deepest aquifer above the injection zone and may also be required below the injection zone.(iii) Where injection is into a formation which contains water with more than 10,000 mg/L Total Dissolved Solids, monitoring wells will be required above and may be required in the injection zone.(iv) Where the injection wells penetrate USDWs in an area subject to subsidence or catastrophic collapse, an adequate number of monitoring wells shall be completed into USDWs to detect any movement of injected fluids, process by-products or native fluids into the USDWs. The monitoring wells shall be located outside the physical influence of the subsidence or catastrophic collapse.(v) Class III wells may be monitored on a field or project basis rather than an individual well basis provided the owner or operator demonstrates to the satisfaction of the Commissioner that the proposed monitoring system is comparable to individual well monitoring.(vi) 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 by the applicant:(I) the local geology and hydrology;(II) the population relying on USDWs within 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 nature and volume of the injected fluid, the formation water and process by-products; and (VI) the number, type, location, and depth of injection wells in the system, field or project.(h) Monitoring Well Construction requirements Any monitoring well which penetrates the confining zone must be designed and constructed using the same standards that apply to the type of injection well to be monitored.
(i) Monitoring Criteria 1. The physical and chemical quality of the native fluid in the zones to be monitored shall be established prior to injection.2. The injected fluid shall be analyzed with sufficient frequency to yield representative data on its physical and chemical characteristics. Parameters for such analysis shall be established on an individual basis.3. The mechanical integrity of the injection well system shall be examined and evaluated at least once every three years. The methods and procedures to be used shall be subject to review by the Commissioner.4. 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.5. Continuous indicating and recording devices shall be installed and used to monitor the injection pressure and flow rate, and the volume of fluids injected and withdrawn.6. Determination shall be made at least semi-monthly of the parameters chosen to measure water quality in the injection zone.7. Determination shall be made at least semi-monthly of the fluid level or pressure head in each well used for monitoring.8. The Commissioner may require that the applicant continue to monitor in the area affected by mining for a period of time after mining operations cease. If the monitoring reveals violations, the permittee must investigate and take corrective action.9. The Commissioner may require a certificate that the applicant has assured, through a performance bond or other appropriate means, the resources necessary to cover post-closure monitoring and any corrective action resulting from this monitoring.10. Wells specified in subpart (g)1(iv) of this paragraph shall be monitored once every three months.(j) Reporting Requirements The content and frequency of reports that will be required by the Commissioner shall be specified in the permit for each Class III well or project. Minimum requirements are as follows:
1. Construction Reports (i) The Commissioner will require periodic data progress reports during the construction of Class III injection or monitor wells.(ii) Interpretation of data will be required in the progress reports at each milestone phase of construction.(iii) The applicant shall submit final reports of all data collected with interpretations to the Commissioner. The final report shall include all information and data collected during construction with appropriate interpretations.2. Operation Reports (i) An updated map of the area of review showing locations of all newly constructed or newly discovered wells not included in the technical report accompanying the permit application or in later reports shall be submitted annually to the Commissioner.(ii) 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.(iii) Except for routine monitoring required in subparagraph (g) of this paragraph results of required monitoring shall be maintained on site and reported to the Commissioner with the first quarterly report after the completion of the test.(iv) Results of mechanical integrity and any other periodic test required by the Commissioner shall be reported upon request or as specified in the permit.(v) Monitoring may be reported on a project or field basis rather than on an individual well basis where field or project monitoring has been approved.(vi) Routine monitoring data required shall be reported quarterly to the Commissioner. These reports must be postmarked no later than the tenth day of the month following the end of the quarter.(vii) In the event an excursion is verified in a designated monitor well, the permittee shall submit a written remedial action report at least every month to include for each well affected:(I) An explanation of required and other actions since the verifying analysis was taken. The explanation should include the date on which actions were initiated and completed;(II) A description of actions to be taken during the following report period;(III) Sample analysis results for control parameters;(IV) Permittee's efforts to define the extent and probable cause of the presence of mining solutions in a designated monitor well; and(V) The first report shall include a groundwater analysis in the manner required by this rule. All such reports shall be mailed to the Commissioner, postmarked within two days of the end of each report period. The first report period shall begin with the day the presence of mining solution in a designated monitor well is verified. The permittee shall continue to make remedial action reports until cleanup is accomplished.(k) Plugging and Abandonment Operation 1. 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.2. Before any injection well is plugged, the operator shall obtain approval for the wells plugging program from the Commissioner.3. The owner or operator of an abandoned injection well or facility must retain all pertinent records of construction, operation and abandonment for a period of not less than three years following the date of abandonment of the well or facility.4. Within one-hundred twenty (120) days after acknowledgment of completion of mining activities or, if final restoration of the mine area aquifer is required, upon final completion of the final restoration, the permittee shall accomplish closure of the mining facilities in accordance with Plugging and Abandonment Standards.(l) Abandonment Reports 1. Upon completion of plugging and abandonment of a well or wellfield, the permittee shall submit to the Commissioner a Final Report which shall include, but will not be limited to, the following:(i) daily construction reports;(ii) certification of completion in accordance with approved plans and specifications by the engineer of record; and(iii) 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.2. Results of post-closure monitoring, if required by the abandonment permit, shall be reported quarterly to the Commissioner.Tenn. Comp. R. & Regs. 0400-45-06-.12
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.