W. Va. Code R. § 47-13-2

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-13-2 - Definitions

The definitions set forth in W. Va. Code § 22-11-3 shall apply to this rule along with the following definitions unless the context clearly indicates otherwise:

2.1. "Abandoned well" means a well whose use has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes.

2.2. "Acidizing" means the injection of acid through the borehole or "well" into a "formation" to increase permeability and porosity by dissolving the acid-soluble portion of the rock constituents.

2.3. "Application" means the State standard forms for applying for a permit or permit modification, including any additions, revisions or modifications to the forms.

2.4. "Aquifer" means a geological "formation", group of formations, or part of a formation that is capable of yielding a usable amount of water to a well or spring.

2.5. "Area of review" means the area surrounding an injection well described according to the criteria set forth in subsection 5.2, or in the case of an area permit, the project area plus a circumscribing area the width of which is either 1/4 of a mile or a number calculated according to the criteria set forth in subsection 5.3.

2.5.1. For Class 6 well types, "area of review" means the region surrounding the geologic sequestration project where underground sources of drinking water (USDWs) may be endangered by the injection activity. The area of review is delineated using computational modeling that accounts for the physical and chemical properties of all phases of the injected carbon dioxide stream and displaced fluids, and is based on available site characterization, monitoring, and operational data as set forth in section 5.4.

2.6. "Authorized representatives of the Director" means the personnel of the Division of Water and Waste Management, Division of Mining and Reclamation, and the personnel of the Office of Oil and Gas and the Commissioner.

2.7. "Carbon dioxide plume" means the extent underground, in three dimensions, of an injected carbon dioxide stream.

2.8. "Carbon dioxide stream" means carbon dioxide that has been captured from an emission source (e.g., a power plant), plus incidental associated substances derived from the source materials and the capture process, and any substances added to the stream to enable or improve the injection process. This subpart does not apply to any carbon dioxide stream that meets the definition of a hazardous waste under 40 CFR part 261.

2.9. "Casing" means a pipe or tubing of appropriate material, of varying diameter and weight, lowered into a borehole during or after drilling in order to support the sides of the hole and thus prevent the walls from caving, to prevent loss of drilling mud into porous ground, or to prevent water, gas, or other fluid from entering or leaving the hole.

2.10. "Catastrophic collapse" means the sudden and utter failure of overlying "strata" caused by removal of underlying materials.

2.11. "Cementing" means the operation whereby a cement slurry is pumped into a drilled hole and/or forced behind the casing.

2.12. "Commissioner" means the Commissioner of the West Virginia Oil and Gas Conservation Commission.

2.13. "Confining bed" means a body of impermeable or distinctly less permeable material stratigraphically adjacent to one or more aquifers.

2.14. "Confining zone" means a geological formation, group of formations, or part of a formation stratigraphically overlying the injection zone(s) that acts as barrier to fluid movement above an injection zone. For Class 6 wells operating under an injection depth waiver, confining zone means a geologic formation, group of formations, or part of a formation stratigraphically overlying and underlying the injection zone(s).

2.15. "Contaminant" means any man induced physical, chemical, biological or radiological substance or matter in water.

2.16. "Conventional mine" means an open pit or underground excavation for the production of minerals.

2.17. "Corrective action" means the use of Director-approved methods to ensure that wells within the area of review do not serve as conduits for the movement of fluids into USDWs.

2.18. "Draft permit" means a document indicating the Director's tentative decision to issue, modify, suspend, revoke, revoke and reissue, or reissue a "permit". A notice of intent to revoke a permit is a type of "draft permit". A denial of a request for modification, suspension, revocation, or revocation and reissuance, is not a "draft permit".

2.19. "Drilling mud" means a heavy suspension used in drilling an "injection well", introduced down the drill pipe and through the drill bit.

2.20. "Dry Well" means a bored, drilled, or driven shaft or a dug hole, that is not an improved sinkhole or subsurface fluid distribution system, whose depth is greater than its largest surface dimension which is completed above the water table so that its bottom and sides are typically dry except when receiving fluids.

2.21. "Environmental Protection Agency" (EPA) means the United States Environmental Protection Agency.

2.22. "Exempted aquifer" means an "aquifer" or its portion that meets the criteria in the definition of "underground source of drinking water" but which has been exempted according to the procedures in subsection 3.1.

2.23. "Existing injection well" means an "injection well" other than a "new injection well".

2.24. "Experimental technology" means a technology which has not been proven feasible under the conditions in which it is being tested.

2.25. "Facility or activity" means any "injection well" that is subject to rule under the UIC program.

2.26. "Fault" means a surface or zone of rock fracture along which there has been displacement.

2.27. "Flow rate" means the volume per time unit given to the flow of gases or other fluid substance which emerges from an orifice, pump, turbine, or passes along a conduit or channel.

2.28. "Fluid" means any material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state.

2.29. "Formation" means a body of rock characterized by a degree of lithologic homogeneity which is prevailingly, but not necessarily, tabular and is mappable on the earth's surface or traceable in the subsurface.

2.30. "Formation fluid" means "fluid" present in a "formation" under natural conditions as opposed to introduced fluids, such as "drilling mud".

2.31. "Generator" means any person, by site location, whose act or process produces hazardous waste identified or listed in 33CSR20, Hazardous Waste Management Rule, or whose act first causes a hazardous waste to become subject to this rule.

2.32. "Geologic sequestration" means the long-term containment of a gaseous, liquid, or supercritical carbon dioxide stream in subsurface geologic formations. This term does not apply to carbon dioxide capture or transport.

2.33. "Geologic sequestration project" means an injection well or wells used to emplace a carbon dioxide stream beneath the lowermost formation containing a USDW; or, wells used for geologic sequestration of carbon dioxide that have been granted a waiver of the injection depth requirements pursuant to requirements at 47CSR13-14.8.4; or, wells used for geologic sequestration of carbon dioxide that have received an expansion to the areal extent of an existing Class 2 enhanced oil recovery or enhanced gas recovery aquifer exemption pursuant to 47CSR13-3 and 47CSR13-14.22. It includes the subsurface three-dimensional extent of the carbon dioxide plume, associated area of elevated pressure, and displaced fluids, as well as the surface area above that delineated region.

2.34. "Groundwater" means water below the land surface in a zone of saturation.

2.35. "Hazardous waste" means a hazardous waste as defined in 33CSR20-2.1.1.

2.36. "Hazardous Waste Management facility" ("HWM facility") means all contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of "hazardous waste". A facility may consist of several "treatment", "storage", or "disposal" operational units.

2.37. "Improved Sinkhole" means a naturally occurring karst depression or other natural crevice found in volcanic terrain and other geologic settings which have been modified by man for the purposes of directing and emplacing fluids into the subsurface.

2.38. "Injection well" means a well, subsurface distribution system, or an improved sinkhole into which fluids are being injected.

2.39. "Injection zone" means a geological "formation", group of formations or part of a formation receiving fluids through a "well" and for Class 6 Wells, the formation that is of sufficient areal extent, thickness, porosity, and permeability to receive carbon dioxide through a well or wells associated with a geologic sequestration project.

2.40. "Large Capacity Cesspool" means a dry well that receives untreated sanitary waste containing human excreta, and which sometimes have an open bottom and/or perforated sides. Large-capacity cesspools serve multiple dwellings and community or regional establishments. Non-residential large capacity cesspools must have the capacity to serve more than 20 persons per day.

2.41. "Lithology" means the description of rocks on the basis of their physical and chemical characteristics.

2.42. "Manifest" means the form used for identifying the quantity, composition and the origin, routing and destination of the hazardous waste during its transportation off-site from the point of generation to the point of disposal, treatment or storage.

2.43. "Maximum Contaminant Level (MCL)" means as defined in the Safe Drinking Water Act as "the maximum permissible level of a contaminant in water which is delivered to any user of a public water system."

2.44. "Motor Vehicle Waste Disposal Wells (MVWDW)" mean dry wells or septic tank and leachfield combinations that receive or have received fluids from motor vehicle repair or maintenance activities, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g. transmission and muffler repair shop), or any facility that does any vehicular repair work.

2.45. "New injection well" means a "well" which began injection after the effective date of this rule.

2.46. "Owner or operator" means the owner or operator of a facility or activity subject to regulation under the UIC program.

2.47. "Packer" means a device lowered into a "well" to produce a fluid-tight seal.

2.48. "Permit" means an authorization, license, or equivalent control document issued by the State to implement the requirements of the UIC Program. "Permit" includes an area permit and a UIC Emergency Permit. "Permit" does not include UIC authorization by rule or any permit which has not yet been the subject of final agency action, such as a "draft permit".

2.49. "Person" means an individual, association, partnership, corporation, municipality, State, Federal, or Tribal agency, or an agency or employee thereof.

2.50. "Plugging" means the act or process of stopping the flow of water, oil or gas into or out of a "formation" through a borehole or well penetrating that formation.

2.51. "Plugging record" means a systematic listing of permanent or temporary abandonment of water, oil, gas, test, exploration and waste injection wells, and may contain a well log, description of amounts and types of plugging material used, the method employed for plugging, a description of formations which are sealed and a graphic log of the well showing formation location, formation thickness, and location of plugging structures.

2.52. "Point of Injection" means for a Class 5 well the last accessible sampling point before the release of waste fluids into the subsurface environment. For example, the point of injection of a septic system might be the distribution box-the last accessible sampling point before the waste fluids drain into the leachfield and the underlying soils. For a dry well, it is likely to be the well bore itself.

2.53. "Post-injection site care" means appropriate monitoring and other actions (including corrective action) needed following cessation of injection to ensure that USDWs are not endangered by Class 6 wells, as required under subsection 13.9.

2.54. "Pressure" means the total load or force per unit area acting on a surface.

2.55. "Pressure front" means the zone of elevated pressure that is created by the injection of carbon dioxide into the subsurface. For the purposes of this subpart, the pressure front of a carbon dioxide plume refers to a zone where there is a pressure differential sufficient to cause the movement of injected fluids or formation fluids into a USDW.

2.56. "Project" means a group of "wells" in a single operation.

2.57. "Public water system" means a system for the provision to the public of piped water for human consumption, if such system has at least 15 individuals. Such term includes (a) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (b) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.

2.58. "Radioactive waste" means any waste which contains radioactive material in concentrations which exceed those listed in 10 CFR Part 20, Appendix B, Table II, Column 2.

2.59. "RCRA" means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (Pub. 1. 94-580, as amended by Pub. L. 95-609, 42 USC 6901et seq.)

2.60. "Regional Administrator" means the Regional Administrator of Region 3 of the U.S. Environmental Protection Agency or the authorized representative of the Regional Director.

2.61. "Safe Drinking Water Act" (SDWA) means the Safe Drinking Water Act (Pub. L. 95-523 as amended by Pub. L. 95-1900; 42 USC section 3000 et seq.

2.62. "Sanitary waste" means liquid or solid waste originating solely from humans and human activities, such as wastes collected from toilets, showers, wash basins, sinks used for cleaning domestic areas, sinks used for food preparation, clothes washing operations, and sinks or washing machines where food and beverage serving dishes, glasses, and utensils are cleaned. Sources of these wastes may include single or multiple residences, hotels and motels, restaurants, bunkhouses, schools, ranger stations, crew quarters, guard stations, campgrounds, picnic grounds, day-use recreation areas, other commercial facilities, and industrial facilities provided the waste is not mixed with industrial waste.

2.63. "Schedule of compliance" means a schedule of remedial measures included in a "permit", including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with the SDWA and State Act and rules.

2.64. "Septic system" means a "well" that is used to emplace sanitary waste below the surface and is typically comprised of a septic tank and subsurface fluid distribution system or disposal system.

2.65. "Site" means the land or water where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity.

2.66. "Site closure" means the point/time, as determined by the Director following the requirements under subsection 13.9., at which the owner or operator of a geologic sequestration site is released from post-injection site care responsibilities.

2.67. "Sole or principal source aquifer" means an aquifer which has been designated by the Administrator pursuant to section 1424 (a) or (e) of the SDWA.

2.68. "State" means the State of West Virginia.

2.69. "State Act" means the State Water Pollution Control Act, W. Va. Code § 22-11-1et seq.

2.70. "State/EPA agreement" means an agreement between the Regional Administrator and the State which coordinates EPA and State activities, responsibilities and programs.

2.71. "Stratum" (plural strata) means a single sedimentary bed or layer, regardless of thickness, that consists of generally the same kind of rock material.

2.72. "Subsidence" means the lowering of the natural land surface in response to: Earth movements; lowering of fluid pressure; removal of underlying supporting material by mining or solution of solids, either artificially or from natural causes; compaction due to wetting (Hydro compaction); oxidation of organic matter in soils; or added load on the land surface.

2.73. "Subsurface distribution system" means an assemblage of perforated pipes, drain tiles, or other similar mechanisms intended to distribute fluids below the surface of the ground.

2.74. "Surface casing" means the first string of well casing to be installed in the well.

2.75. "Total dissolved solids" means the total dissolved (filterable) solids as determined by use of the method specified in 40 CFR Part 136.

2.76. "Transmissive Fault" is a type of fault or fracture that has sufficient permeability and vertical extent to allow fluids to move between formations.

2.77. "UIC" means the Underground Injection Control program under Part C of the Safe Drinking Water Act, including an approved State program.

2.78. "Underground injection" means the subsurface emplacement of fluids into a well, subsurface distribution system, or improved sinkhole.

2.79. "Underground source of drinking water" (USDW) means an "aquifer" or its portion:

2.79.1. which supplies any public water system; or

2.79.2. which contains a sufficient quantity of groundwater to supply a public water system; and

2.79.2.a. currently supplies drinking water for human consumption; or

2.79.2.b. contains fewer than 10,000 mg/1 total dissolved solids; and

2.79.3. which is not an exempted aquifer.

2.80. "Well" for the purpose of the State UIC Program, means a bored, drilled or driven shaft, or a dug hole whose depth is greater than the largest surface dimension, an improved sinkhole; or, a subsurface fluid distribution system.

2.81. "Well injection" means the subsurface emplacement of fluids through a well.

2.82. "Well plug" means a watertight and gastight seal installed in a borehole or well to prevent movement of fluids.

2.83. "Well stimulation" means several processes used to clean the well bore, enlarge channels, and increase pore space in the interval to be injected thus making it possible for wastewater to move more readily into the formation, and includes (1) surging, (2) jetting, (3) blasting, (4) acidizing, (5) hydraulic fracturing.

2.84. "Well monitoring" means the measurement, by on-site instruments or laboratory methods, of the quality of water in a well.

2.85. "Wetlands" means those areas that are inundated and saturated by surface groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas such as sloughs, wet meadows, mudflats, sandflats and natural ponds.

W. Va. Code R. § 47-13-2