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West Virginia Administrative Code
Agency 47 - Water Resources, Division Of Water And Waste ManagementTitle 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES
Series 47-13 - Underground Injection Control
Section 47-13-10 - Criteria and Standards Applicable to Class 3 Wells

W. Va. Code R. § 47-13-10

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Current through Register Vol. XLI, No. 45, November 8, 2024
Section 47-13-10 - Criteria and Standards Applicable to Class 3 Wells
10.1. General. This section sets forth requirements for underground injection control programs to regulate Class 3 wells.
10.2. Construction Requirements. The Director shall prescribe requirements for the construction of Class 3 injection wells. Existing wells shall achieve compliance with such requirements according to a specific compliance schedule established by the Director as a condition of the permit. New wells shall be in compliance with construction requirements before injection operations begin. The owner or operator of a proposed injection well shall submit plans for testing, drilling and construction to the Director and obtain the approval of the Director of the initial plans as a condition of the permit. The Director's approval of any modifications of the plans shall be obtained before incorporating them into the construction of the injection well. At a minimum, such requirements shall specify that:
10.2.1. All new Class 3 wells shall be cased and cemented to prevent the migration of fluids into or between underground sources of drinking water. The Director may waive the cementing requirements for new wells in existing projects or portions of existing projects where he has substantial evidence that no contamination of underground sources of drinking water would result. The casing and cement 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 Director shall consider the following factors:
10.2.1.a. Depth to the injection zone;
10.2.1.b. Injection pressure (external pressure, internal pressure, axial loading, etc.);
10.2.1.c. Hole size;
10.2.1.d. Size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification, construction material, etc.);
10.2.1.e. Corrosiveness of injected and formation fluids;
10.2.1.f. Lithology of possible injection and confining zones; and
10.2.1.g. Type and grade of cement.
10.2.2. All parts of Class 3 wells which will come into contact with corrosive fluids (whether injected or in the native environment) shall be constructed of corrosive resistant material.
10.2.3. Appropriate logs and other tests shall be conducted during the drilling and construction of new Class 3 wells. A descriptive report interpreting the results of such logs and tests shall be prepared by a knowledgeable log analyst and submitted to the Director. The Director shall specify the logs and tests appropriate to each type of Class 3 well 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, as appropriate, include:
10.2.3.a. Deviation checks are conducted on all holes where pilot holes and reaming are used unless the hole will be cased and cemented by circulating cement to the surface. Where deviation checks are necessary, they shall be conducted at sufficiently frequent intervals to assure that vertical avenues for fluid migration in the form of diverging holes are not created during drilling;
10.2.3.b. For surface casing intended to protect underground sources of drinking water:
10.2.3.b.1. Resistivity, spontaneous potential, and caliper logs before the casing is installed; and
10.2.3.b.2. A cement bond, temperature, or density log after casing is set and cemented.
10.2.3.c. For intermediate and long strings of casing intended to facilitate injection:
10.2.3.c.1. Resistivity, spontaneous potential, porosity, and gamma ray logs before the casing is installed;
10.2.3.c.2. Fracture finder logs in appropriate situations as prescribed by the Director; and
10.2.3.c.3. A cement bond, temperature, or density log after the casing is set and cemented.
10.2.4. Where the injection zone is a formation which is naturally water bearing the following information concerning the injection zone shall be determined or calculated for new Class 3 wells or projects:
10.2.4.a. Fluid pressure;
10.2.4.b. Fracture pressure;
10.2.4.c. Physical and chemical characteristics of the formation fluids; and
10.2.4.d. The nature and volume of the injected fluid, the formation water and the process by-products.
10.2.5. Where the injection formation is not a water bearing formation, the information in paragraph 10.2.4.b of this section must be submitted.
10.2.6. Where injection is into a formation which contains water with less than 10,000 mg/1 TDS monitoring wells shall be completed into the injection zone and into any underground sources of drinking water above the injection zone which could be affected by the mining operation. These wells shall be located in such a fashion as to detect any excursion of injection fluids, process by-products, or formation fluids outside the mining area or zone. If the operation may be affected by subsidence or catastrophic collapse the monitoring wells shall be located so that they will not be physically affected.
10.2.7. Where injection is into a formation which does not contain water with less than 10,000 mg/1 TDS, no monitoring wells are necessary in the injection stratum.
10.2.8. Where the injection wells penetrate an USDW in an area subject to subsidence or catastrophic collapse an adequate number of monitoring wells shall be completed into the USDW to detect any movement of injected fluids, process by-products or formation fluids into the USDW. The monitoring wells shall be located outside the physical influence of the subsidence or catastrophic collapse.
10.2.9. Determining the number, location, construction and frequency of monitoring of the monitoring wells the following criteria shall be considered:
10.2.9.a. The population relying on the USDW affected or potentially affected by the injection operation;
10.2.9.b. The proximity of the injection operation to points of withdrawal of drinking water;
10.2.9.c. The local geology and hydrology;
10.2.9.d. The operating pressures and whether a negative pressure gradient is being maintained;
10.2.9.e. The nature and volume of the injected fluid, the formation water and the process by-products; and
10.2.9.f. The injection well density.
10.3. Abandonment of Class 3 Wells.
10.3.1. Class 3 wells shall be abandoned in a manner, prescribed by the Director, under subdivision 14.7.6. At a minimum the well shall be plugged with cement in a manner which will not allow movement of fluids either into or between underground sources of drinking water. The Director may allow Class 3 wells to use other plugging materials if he is satisfied that such materials will prevent movement of fluids into or between underground sources of drinking water.
10.3.2. Placement of the cement plugs shall be accomplished by one of the following:
10.3.2.a. The Balance Method;
10.3.2.b. The Dump Bailer Method;
10.3.2.c. The Two-Plug Method; or
10.3.2.d. An alternative method approved by the Director, which will reliably provide a comparable level of protection to underground sources of drinking water.
10.3.3. The well to be abandoned shall be in a state of static equilibrium with the mud weight equalized top to bottom, either by circulating the mud in the well at least once or a comparable method prescribed by the Director, prior to the placement of the cement plug(s).
10.3.4. The owners and operators shall assure, through a performance bond or other appropriate means, the availability of resources necessary for the proper abandonment of the well as required under subdivision 14.7.6.
10.3.5. The plugging and abandonment plan required in subdivision 14.7.6. shall, in the case of a Class 3 project which underlies or is in an aquifer which has been exempted under section 3, also demonstrate adequate protection of USDWs. The Director shall prescribe aquifer cleanup and monitoring where he deems it necessary and feasible to ensure adequate protection of USDWs.
10.4. Operating, Monitoring, and Reporting Requirements
10.4.1. Operating Requirements: The Director shall prescribe requirements governing the operation of injection wells in the permit. Requirements for Class 3 wells shall, at a minimum, include that:
10.4.1.a. Except during well stimulation the injection pressure at the wellhead shall be calculated so as to assure that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the injection zone. In no case shall injection pressure initiate fractures in the confining zone or cause the migration of injection or formation fluids into an underground source of drinking water; and
10.4.1.b. Injection between the outermost casing protecting underground sources of drinking water and the well bore shall be prohibited.
10.4.2. Monitoring Requirements:
10.4.2.a. Monitoring of the nature of injected fluids with sufficient frequency to yield representative data on its characteristics. Whenever the injection fluid is modified to the extent that the analysis required by subparagraph 10.5.1.f.2 is incorrect or incomplete, a new analysis shall be provided to the Director;
10.4.2.b. Monitoring of injection pressure and either flow rate or volume semi-monthly, or metering and daily recording of injected and produced fluid volumes as appropriate;
10.4.2.c. Demonstration of mechanical integrity pursuant to subsection 6.2 at least every 5 years during the life of the well for salt solution mining;
10.4.2.d. Monitoring of the fluid level in the injection zone semi-monthly, where appropriate and monitoring of the parameters chosen to measure quality of water in the monitoring wells required by subdivision 10.2.6 semi-monthly;
10.4.2.e. Quarterly monitoring of wells required by subdivision 10.2.8; and
10.4.2.f. All Class 3 wells may be monitored on a field or project basis rather than an individual well basis by manifold monitoring. Manifold monitoring may be used in cases of facilities consisting of more than one injection well, operating with a common manifold. Separate monitoring systems for each well are not required provided the owner/operator demonstrates that manifold monitoring is comparable to individual well monitoring.
10.4.3. Reporting Requirements: The Director shall prescribe the form, manner, content, and frequency of reporting by the permittee. The permittee shall be required to identify the types of tests and methods used to generate the monitoring data. At a minimum, requirements shall include:
10.4.3.a. Quarterly monitoring of wells;
10.4.3.b. Results of mechanical integrity and any other periodic test required by the Director reported with the first regular quarterly report after the completion of the test;
10.4.3.c. Written notice to the Director within 30 days of any compliance schedule date of whether the permittee has or has not complied with the requirements in question; and
10.4.3.d. Immediate reports to the Director on any violation of a permit condition or malfunction of the injection system which may cause fluid migration into underground sources of drinking water.
10.5. Information to be Considered by the Director Prior to the Issuance of a Permit.
10.5.1. Prior to the issuance of a permit for an existing or new Class 3 well, the Director shall consider the following information. For an existing Class 3 injection operation the Director may rely upon the existing permit file for these items of information listed below which are current and accurate in the State file. For a new Class 3 injection well, the Director shall require the submission of all the information listed below. For both existing and new Class 3 wells, paragraphs 10.5.1.b., 10.5.1.c., and 10.5.1.f. of this section may be included by reference if the maps are specifically identified and readily available to the Director:
10.5.1.a. A map showing the injection well or project area for which a permit is sought and the applicable area of review. Within the area of review, the map must show the number or name and location of all existing producing wells, injection wells, abandoned wells, dry holes, public water systems and water wells. The map may also show surface bodies of water, mines (surface and subsurface), quarries and other pertinent surface features including residence and roads, and faults if known or suspected. Only information of public record and pertinent information known to the applicant is required to be included on this map;
10.5.1.b. Maps and cross sections indicating the vertical and lateral limits of all underground sources of drinking water within the area of review, their position relative to the injection formation, and the direction of water movement, where known, in every underground source of drinking water which may be affected by the proposed injection;
10.5.1.c. Maps and cross sections detailing the geologic structure of the local area;
10.5.1.d. Generalized maps and cross sections illustrating the regional geologic setting;
10.5.1.e. A tabulation of data reasonably available for public records or otherwise known to the applicant on all wells within the area of review included on the map which penetrate the proposed injection zone. Such data shall include a description of each well's type, construction, date drilled, location, depth, record of plugging and completion, and any additional information the Director may require. In cases where the information may be repetitive and the wells are of similar age, type and construction the Director may elect to only require data on a representative number of wells;
10.5.1.f. Operating data:
10.5.1.f.1. The anticipated average and maximum pressure and flow rate at which the permittee will operate;
10.5.1.f.2. Qualitative analysis and ranges in concentrations of all constituents of injected fluids. The applicant may request confidentiality;

If the information is proprietary an applicant may, in lieu of the ranges in concentrations, choose to submit maximum concentrations which shall not be exceeded. In such a case the applicant shall retain records of the undisclosed concentrations and provide them upon request to the Director as part of any enforcement investigation; and

10.5.1.f.3. An analysis of the physical and chemical characteristics of the formation.
10.5.1.g. Formation testing program;
10.5.1.h. Stimulation program;
10.5.1.i. Injection procedure;
10.5.1.j. Schematic or other appropriate drawings of the surface and subsurface construction details of the well;
10.5.1.k. Plans (including maps) for meeting the monitoring requirements of subdivision 10.4.2;
10.5.1.l. Expected changes in pressure, native fluid displacement, direction of movement of injection fluid;
10.5.1.m. Contingency plans to cope with all shut-ins or well failures so as to prevent the migration of contaminating fluids into underground sources of drinking water;
10.5.1.n. All available logging and testing data on the well;
10.5.1.o. The corrective action proposed to be taken under subsection 6.1;
10.5.1.p. A certificate that the applicant has assured, through a performance bond or other appropriate means, the resources necessary to close, plug or abandon the well under subdivision 14.7.6.; and
10.5.1.q. A satisfactory demonstration of mechanical integrity for all new wells and for all existing salt solution wells as required by subsection 6.2.
10.5.2. Prior to granting approval for the plugging and abandonment of a Class 3 well the Director shall consider the following information:
10.5.2.a. The type and number of plugs to be used;
10.5.2.b. The placement of each plug including the elevation of the top and bottom;
10.5.2.c. The type, grade and quantity of cement to be used;
10.5.2.d. The method of placement of the plugs; and
10.5.2.e. The procedure to be used to meet the requirements of subsection 10.3.

W. Va. Code R. § 47-13-10