Section 0400-52-06-.04 - ENVIRONMENTAL PROTECTION(1) Oil and gas wells shall be drilled and operated in a manner that protects aquifers and surface waters. Wells shall be designed to ensure the environmentally sound, safe production of hydrocarbons by containing them inside the well, isolating the productive formations from fresh water formations, and properly executing fracturing and other stimulation operations. Well design and construction must ensure that no leaks occur through or between casing strings. The fluids produced from the well (oil, water, gas) must travel directly from the producing zone to the surface inside the well conduit.(2) All oil and gas operations shall be conducted in a manner that shall prevent or mitigate adverse environmental impacts such as soil erosion and water pollution. All areas disturbed by the operations, including access roads, shall be reclaimed as prescribed in Rule 0400-52-09-.05. Access roads shall be constructed in such a manner as to reduce erosion to a practical minimum. Sediment ponds, berms, diversion ditches, hay bales, and other measures designed to prevent erosion and discharge from well sites shall be taken to prevent or minimize soil erosion and pollution of surface waters. Erosion prevention and sediment controls at all oil and gas operations shall meet or exceed the following: (a) The erosion prevention controls shall be designed and implemented to minimize the dislodging and suspension of soil in water. Sediment controls shall be designed and implemented to retain mobilized sediment on site.(b) All control measures shall be properly selected, installed, and maintained in accordance with the manufacturer's specifications (where applicable) and standard engineering practices. All control measures selected shall be able to slow runoff so that rill and gully formation is prevented. When steep slopes and/or fine particle soils are present at the site, additional physical or chemical treatment of storm water runoff may be required. If periodic inspections or other information indicates a control has been used inappropriately, or incorrectly, the operator shall replace or modify the control for relevant site situations.(c) If sediment escapes the drilling, production, and/or roadway areas, off-site accumulations of sediment that have not reached a stream shall be removed at a frequency sufficient to minimize offsite impacts. Fugitive sediment that has escaped the drill area and has collected in a drainage ditches or roadways shall be removed so that it is not subsequently washed into culverts and streams by the next rain and/or so that it does not pose a safety hazard. Permittees shall not initiate remediation/restoration of a stream without consulting the Department first.(d) Sediment shall be removed from sediment traps, silt fences, sedimentation ponds, and other sediment controls as necessary. .(e) Upon attainment of stability, materials used for erosion prevention and sediment control should be removed or otherwise prevented from becoming a pollutant source for storm water discharges.(f) Pre-construction vegetative ground cover shall not be destroyed, removed or disturbed more than 30 days prior to grading or earth moving unless the area is seeded and/or mulched or other temporary cover is installed.(g) Clearing and grubbing shall be held to the minimum necessary for drilling and/or production activities.(h) Construction shall be sequenced to minimize the exposure time of graded or denuded areas.(i) Erosion prevention and sediment control measures shall be in place and functional before drilling activities begin, and shall be properly maintained throughout the drilling and production phase.(j) Permanent stabilization with perennial vegetation (using native herbaceous and woody plants where practicable) or other permanently stable, non-eroding surface shall replace any temporary measures as soon as practicable.(3) The operator shall notify the oil and gas inspector at least 24 hours prior to beginning fracturing or acid treatment activities. The operator shall maintain personnel on-site during fracturing activities, and during the initial flow back period, until such time as the well pressure returns to near pre-fracturing reservoir pressure. Unmanned flowback operations shall be checked routinely.(4) For fracturing treatments using more than 200,000 gallons of water-based liquids, the operator shall conduct pressure monitoring during the fracturing treatment to monitor for a successful treatment and for protection of the groundwater. Annulus pressure shall be continuously monitored and recorded for all such fracturing treatments. If intermediate casing has been set, the pressure in the annulus between the intermediate casing and the production casing shall also be monitored and recorded. Records of pressure monitoring shall be included as part of the well history reporting requirements.Tenn. Comp. R. & Regs. 0400-52-06-.04
Original rule filed March 20, 2013; effective June 18, 2013.Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.