Section 331.44 - Corrective Action Standards(a) Corrective action standards for all wells. In determining the adequacy of corrective action proposed or required to prevent or correct pollution of underground sources of drinking waters (USDWs), and fresh or surface water, the following factors shall be considered:(1) toxicity and volume of the injected fluid;(2) toxicity of native fluids and by-products of injection;(3) population potentially affected;(4) geology and hydrology;(5) history of the injection operation;(6) completion and plugging records;(7) abandonment procedures in effect at the time a well was abandoned;(8) hydraulic connections with USDWs, and fresh or surface water;(9) reliability of the procedures used to identify abandoned wells;(10) any other factors which might affect the movement of fluids into or between USDWs; and(11) for Class III wells only, when setting corrective action requirements the executive director shall consider the overall effect of the project on the hydraulic gradient in potentially affected USDWs, and the corresponding changes in potentiometric surfaces(s) and flow directions(s) rather than the discrete effect of each well. If a decision is made that corrective action is not necessary based on the determinations in this paragraph, the monitoring program required in § 331.84 of this title (relating to Monitoring Requirements) shall be designed to verify the validity of those determinations.(b) Additional corrective action standards for Class I wells. (1) For such wells within the area of review which are in the opinion of the executive director inadequately constructed, completed, plugged, or abandoned, or for which plugging or completion information is unavailable, the applicant shall also submit a plan consisting of such steps or modifications as are necessary to prevent movement of fluids into or between USDWs or freshwater aquifers. Where such a plan is adequate, the commission shall incorporate it into the permit as a condition. Where the executive director's review of an application indicates that the permittee's plan is inadequate the executive director shall: (A) require the applicant to revise the plan;(B) prescribe a plan for corrective action as a condition of the permit; or(C) deny the application.(2) The criteria of subsection (a) of this section will be used to determine adequacy.(3) Any permit issued for a Class I well which was authorized prior to August 25, 1988, by an approved state program or an EPA-administered program or a well which has become a Class I well as a result of a change in the definition of the injected waste which would render the waste hazardous under § 331.2 of this title (relating to Definitions) and which require corrective action other than pressure limitations shall include a compliance schedule requiring any corrective action accepted or prescribed under this section. Any such compliance schedule shall provide for compliance no later than two years following issuance of the permit and shall require observance of appropriate pressure limitations under paragraph (4) of this subsection until all other corrective action measures have been implemented.(4) As part of the corrective action plan, the commission may impose an injection pressure limitation that does not cause the pressure in the injection zone to be sufficient to drive fluids into or between USDWs or freshwater aquifers in those wells described in subsection (a) of this section, which condition shall expire upon adequate completion of all corrective action measures.(5) Action prescribed by a corrective action plan for new wells or new areas must be completed to the satisfaction of the executive director before operation of the well begins.(6) In the event that, after an authorization for injection has been granted, additional information is submitted or discovered that a well within the applicable area of review might pose a hazard to a USDW or freshwater aquifer, the commission may prescribe a corrective action plan and compliance schedule as a condition for continued injection activities.(7) If at any time the operator cannot assure the continuous attainment of the performance standard in § 331.62(a)(5) of this title (relating to Construction Standards), the executive director may require a corrective action plan and compliance schedule. The operator must demonstrate compliance with the performance standard, as a condition for receiving approval of continued operation of the well. The executive director also may require permit changes to provide for additional testing and/or monitoring of the well to insure the continuous attainment of the performance standard. The commission may order closure of the well if the operator fails to demonstrate, to the executive director's satisfaction, that the performance standard is satisfied.30 Tex. Admin. Code § 331.44
The provisions of this §331.44 adopted to be effective May 13, 1986, 11 TexReg 1982; amended to be effective July 5, 1989, 14 TexReg 3047; amended to be effective January 2, 1995, 19 TexReg 10099; amended to be effective April 28, 1997, 22 TexReg 3526; amended to be effective November 23, 2000, 25 TexReg 11433; amended to be effective August 16, 2012, 37 TexReg 6078