W. Va. Code R. § 47-13-8

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 47-13-8 - Criteria and Standards Applicable to Class 1 Wells

8.1. General. This section sets forth requirements for underground injection control programs to regulate Class 1 wells.

8.1.1. Existing well means a Class 1 well which was authorized prior to August 25, 1988, or a well which has become a Class 1 well as a result of a change in the definition of the injected waste into a hazardous waste.

8.2. Construction Requirements. The Director shall prescribe requirements for the construction of Class 1 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 to the Director for testing, drilling, and construction and obtain the approval of the initial plans as a condition of the permit. The Director's approval of any modifications of the plan shall be obtained before incorporating them into the construction of the injection well. At a minimum, such requirements shall prescribe that:

8.2.1. Each Class 1 well shall be sited in such a fashion that it injects into a formation which is below the lowermost formation containing within 1/4 mile of the well bore, an underground source of drinking water, and which has an overlying confining bed that is free of known faults or fractures within the area of review. The injection zone shall have sufficient permeability, porosity, thickness and areal extent to prevent migration of fluids into USDWs. The confining zone shall be laterally continuous and free of transecting, transmissive faults or fractures over an area sufficient to prevent the movement of fluids into a USDW. The siting shall contain at least one formation of sufficient thickness and with lithologic and stress characteristics capable of preventing vertical propagation of fractures.

8.2.1.a. Owners or operators must demonstrate that:

1) the confining zone is separated by at least one sequence of permeable and less permeable strata to prevent fluid migration; or

2) the piezometric surface of the fluid in the injection zone is less than the piezometric surface of the lowermost USDW; or

3) no USDW is present; or

4) would not endanger USDWs if the site does not meet the requirements in (1), (2), or (3).

8.2.2. Each Class 1 well shall be cased and cemented to prevent the movement of fluids into or between underground sources of drinking water, and to prevent potential leaks of fluids from the well. The casing and cement used in the construction of each newly drilled well shall be designed for the life expectancy of the well and post-closure period. The well construction must permit use of appropriate testing devices and workover tools, and continuous monitoring of tubing and casing. In determining and specifying casing and cementing requirements, the Director shall consider the following factors:

8.2.2.a. Depth to the injection zone;

8.2.2.b. Injection pressure (external pressure, internal pressure, axial loading, etc.);

8.2.2.c. Hole size;

8.2.2.d. Size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification, construction material, etc.);

8.2.2.e. Corrosiveness of injected fluid, formation fluids, and temperatures;

8.2.2.f. Lithology of possible injection and confining intervals; and

8.2.2.g. Type or grade of cement.

8.2.2.h. Quantity and chemical composition of the injected fluid.

8.2.3. All Class 1 injection wells, except for those municipal wells injecting only non-corrosive wastes, shall inject fluids through tubing and packer set immediately above the injection zone. The tubing and packer shall be designed for the expected service.

8.2.3.a. The use of other alternatives to a packer may be allowed with the written approval of the Director. To obtain approval, the operator shall submit a written request to the Director, which shall set forth the proposed alternative and all technical data supporting its use. The Director shall approve the request only if the alternative method will reliably provide a comparable level of protection to underground sources of drinking water. The Director may approve an alternative method solely for an individual well or for general use.

8.2.3.b. In determining and specifying requirements for tubing and packer, the Director shall consider the following factors:

8.2.3.b.1. Depth of setting;

8.2.3.b.2. Characteristics of injection fluid (chemical content, density, etc.);

8.2.3.b.3. Injection pressure;

8.2.3.b.4. Annular pressure;

8.2.3.b.5. Rate, temperature and volume of injected fluid; and

8.2.3.b.6. Size of casing; and

8.2.3.b.7. Tubing tensile, burst, and collapse strengths.

8.2.3.c. The Director may approve the use of a fluid seal if the conditions in this section are met.

8.2.3.c.1. Operator demonstrates that seal will provide a level of protection comparable to a packer;

8.2.3.c.2. Operator demonstrates that staff is adequately trained to operate and maintain the well;

8.2.3.c.3. The permit specifies limitations on variations in annular pressure and loss of annular fluid;

8.2.3.c.4. The design and construction of the well allow continuous monitoring of the annular pressure and mass balance of annular fluid; and

8.2.3.c.5. A secondary system is used to monitor the interface between the annulus fluid and the injection fluid and the permit contains requirements for testing the system every 3 months and recording the results.

8.2.3.d. One surface casing string shall extend into the confining bed below the lowest formation that contains a USDW and be cemented by circulating cement from the base of the casing to the surface, using a minimum of 120% of the calculated annular volume.

8.2.3.e. At least one long string casing, using a sufficient number of centralizers, shall extend to the injection zone and shall be cemented by circulating cement to the surface in one or more stages of sufficient quantity and quality to withstand the maximum operating pressure; and in a quantity no less than 120% of the calculated volume necessary to fill the annular space. The Director may require more than 120% when the geology or other circumstances warrant it.

8.2.3.f. Circulation of cement may be accomplished by staging. The Director may approve an alternative method of cementing in cases where the cement cannot be recirculated to the surface, provided the cement is continuous and does not allow fluid movement behind the well bore.

8.2.3.g. Casings must be rated to have sufficient structural strength to withstand: First, the maximum burst and collapse pressures which may be experienced during construction, operation and closure of the well; and second, the maximum tensile stress which may be experienced at any point along the length of the casing during the construction, operation, and closure of the well. Cement and cement additives must be of sufficient quality and quantity to maintain integrity over the design life of the well.

8.2.4. All parts of Class 1 wells which will come into contact with corrosive fluids (whether injected or in the native environment) shall be constructed of corrosion resistant material.

8.2.5. Logs and other tests shall be conducted during the drilling and construction of new Class 1 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. At a minimum such logs and tests shall include:

8.2.5.a. Directional surveys conducted on all holes, including pilot holes, at sufficiently frequent intervals to assure that vertical avenues for fluid migration in the form of diverging holes are not created during drilling.

8.2.5.b. For surface casing intended to protect underground sources of drinking water:

8.2.5.b.1. Resistivity, spontaneous potential and caliper logs before the casing is installed; and

8.2.5.b.2. A cement bond, temperature, or density log after the casing is set and cemented.

8.2.5.c. For intermediate and long strings of casing intended to facilitate injection:

8.2.5.c.1. Resistivity, spontaneous potential, porosity, caliper and gamma ray logs before the casing is installed;

8.2.5.c.2. Fracture finder logs in appropriate situations as prescribed by the Director; and

8.2.5.c.3. A cement bond, temperature, or density log after the casing is set and cemented.

8.2.5.d. Cores of the injection and confining zones must be taken. Fluid temperature, pH, conductivity, pressure, and static fluid level must be measured in the injection zone.

8.2.6. At a minimum, the measurements required in subsection 8.2.5.d. and the following information concerning the injection formation shall be determined for the new Class 1 wells, and submitted to the Director:

8.2.6.a. Fluid pressure;

8.2.6.b. Temperature;

8.2.6.c. Fracture pressure;

8.2.6.d. Other physical and chemical characteristics of the injection matrix;

8.2.6.e. Physical and chemical characteristics of the formation fluids;

8.2.6.f. Compatibility of injected fluids with formation fluids; and

8.2.6.g. Fracture pressure and other physical and chemical characteristics of the confining zones must be recorded.

8.2.7. Information requirements for Class 1 Hazardous Waste Injection Well Permits.

8.2.7.a. The following is required for each active Class 1 hazardous waste injection well at a facility seeking a UIC permit:

8.2.7.a.1. Dates well was operated.

8.2.7.a.2. Specifications of all wastes which have been injected in the well, if available.

8.2.7.b. The owner or operator of any existing facility containing one or more active hazardous waste injection wells must submit all available information pertaining to any release of hazardous waste or constituents from any active hazardous waste injection well at the facility.

8.2.7.c. The owner or operator of any facility containing one or more active Class 1 hazardous waste injection wells must conduct preliminary site investigations as are necessary to determine whether a release is occurring, has occurred, or is likely to have occurred.

8.2.7.d. Permit requirements for hazardous waste wells which inject wastes which can react with the injection formation to generate gases shall include 1) Conditions limiting the temperature, pH or acidity of the injected waste and 2) Procedures necessary to assure that pressure imbalances which might cause a backflow or blowout do not occur.

8.2.8. Hydrogeologic characteristics of the injection zone should be verified through pump or injectivity tests before injection begins. The Director may witness all logging and testing by this Subpart if desired.

8.3. Abandonment of Class 1 Wells.

8.3.1. Class 1 wells shall be abandoned in a manner to be 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 the movement of fluids either into or between underground sources of drinking water.

8.3.2. Placement of cement plugs shall be accomplished by one of the following:

8.3.2.a. The Balance Method;

8.3.2.b. The Dump Bailer Method;

8.3.2.c. The Two-Plug method; or

8.3.2.d. An alternative method approved by the Director which will reliably provide a comparable level of protection to USDW'S.

8.3.3. Prior to closure, the owner or operator shall observe and record the pressure decay for a time specified by the Director. The Director shall determine whether the injection activity has conformed with predicted values.

8.3.4. Prior to closure, MIT is required to ensure integrity of the long string casing and cement that will be left in the ground. Testing methods may include pressure tests with liquid or gas; radioactive tracer surveys; noise, temperature, pipe evaluation, or cement bond logs; and any other test required by the Director.

8.3.5. Prior to closure, the well shall be flushed with a buffer fluid. Each plug used shall be appropriately tagged and tested for seal and stability before closure is completed.

8.3.6. 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).

8.3.7. The owner or operator shall assure, through a performance bond or other appropriate means, the availability of resources necessary for the proper abandonment of the well as required in subdivision 14.7.7.

8.4. Operating, Monitoring, and Reporting Requirements.

8.4.1. Operating Requirements: The Director shall, under subdivision 14.7.3. prescribe requirements governing the operation of injection wells in the permit. Requirements for Class 1 wells shall, at a minimum, specify that:

8.4.1.a. Except during stimulation, injection pressure at the wellhead shall not exceed a maximum which 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 movement of injection or formation fluids into an underground source of drinking water;

8.4.1.b. Injection between the outermost casing protecting underground sources of drinking water and the well bore is prohibited; and

8.4.1.c. Unless alternative to tubing and packer has been approved, the annulus between the tubing and the long string of casings shall be filled with a fluid approved by the Director and a pressure, also approved by the Director, shall be maintained on the annulus that is greater than the injection pressure.

8.4.1.d. The owner/operator must notify the Director by writing at least 30 days before conducting any workovers.

8.4.2. Monitoring Requirements: The Director shall prescribe requirements for the monitoring of the injection fluids, the injection well, and the underground sources of drinking water that could potentially be affected by the injection. Monitoring requirements shall, at a minimum, include:

8.4.2.a. Testing of the injected fluids with sufficient frequency to yield representative data of its characteristics;

8.4.2.b. Continuous recording devices to monitor injection pressure, temperature, flow rate and volume, and the pressure on the annulus between the tubing and the long strings of casing;

8.4.2.c. Mechanical integrity must be maintained at all times. Demonstration of mechanical integrity at least every 5 years during the life of the well;

8.4.2.d. Type, number and location of wells within the area of review to monitor any migration of fluids into and pressure in the underground sources of drinking water with the parameters to be measured and the frequency of monitoring specified; and

8.4.2.e. The maintenance of the results of required monitoring for at least 3 years.

8.4.2.f. The owner/operator must also install automatic alarms and shut off systems as described in this section, designed to sound and shut-in the well when pressures and flow rates or other parameters approved by the Director exceed a range and/or gradient specified in the permit. If an automatic alarm or shutdown is triggered, the owner or operator shall immediately investigate the cause. If the well appears or is found to be lacking mechanical integrity, the owner or operator shall:

8.4.2.f.1. Cease injection unless authorized by the Director to continue or resume injection;

8.4.2.f.2. Take all necessary steps to determine the presence or absence of a leak; and

8.4.2.f.3. Notify the Director within 24 hours after the alarm or shutdown.

8.4.2.g. Owners/operators must show that well design will not be compromised by adverse reactions between well materials and waste stream. The Director shall require continuous corrosion monitoring of the construction materials in wells injecting corrosive waste, and may require such monitoring for other waste, by placing coupons of the well construction materials in contact with the waste stream; routing the waste stream through a loop constructed with well material; or using an alternative method approved by the Director. If a corrosion monitoring program is required: One, the test shall use materials identical to those used in well's construction, and such materials must be continuously exposed to the operating pressures and temperatures and flow rates; and Two, the owner or operator shall monitor the materials for loss of mass, thickness, cracking, pitting and other signs of corrosion quarterly.

8.4.2.h. Owners of Class 1 wells injecting hazardous waste shall conduct mechanical integrity testing as follows:

8.4.2.h.1. The long string casing, injection tube, and annular seal shall be tested by an approved pressure test with a liquid or gas annually and whenever there has been a well workover;

8.4.2.h.2. The bottom-hole cement shall be tested by means of an approved radioactive tracer survey annually;

8.4.2.h.3. An approved temperature, noise, or other approved log shall be run at least once every five years to test for movement of fluid along the borehole;

8.4.2.h.4. Casing inspection logs shall be run whenever the owner or operator conducts a workover in which the injection string is pulled, unless the Director waives this requirement due to well construction or other factors which limit the test's reliability, or based upon the satisfactory results of a casing inspection log run within the previous five years. The Director may require a casing inspection log every five years, if he is concerned about the integrity of the long string casing; and

8.4.2.h.5. Any other test approved by the Director may also be used.

8.4.2.i. Owners shall develop an ambient monitoring program based on an assessment of the potential for fluid movement. At a minimum, the Director shall require monitoring of the pressure buildup in the injection zone annually, including a shut down of the well for a time sufficient to observe the pressure fall-off curve. The Director may also require:

8.4.2.i.1. Continuous monitoring for pressure changes in the first aquifer overlying the confining zone. When such a well is installed, the owner or operator shall, sample the aquifer quarterly and analyze for constituents specified by the Director;

8.4.2.i.2. The use of geophysical techniques to determine the position of the waste front, the water quality in a formation designated by the Director, or to provide other site specific data;

8.4.2.i.3. Periodic monitoring of groundwater quality in the first aquifer overlying the injection zone and in the lowermost USDW;

8.4.2.i.4. Any additional monitoring necessary to determine whether fluids are moving into or between USDWs; and

8.4.2.i.5. The Director may require seismicity monitoring when he has reason to believe that the injection activity may cause seismic disturbances.

8.4.2.j. For Class 1 hazardous waste injection wells, testing and monitoring requirements shall include the following requirements for monitoring of the injected wastes:

8.4.2.j.1. The owner or operator shall develop and follow an approved written waste analysis plan that describes the procedures to be carried out to obtain a detailed chemical and physical analysis of a representative sample of the waste, including the quality assurance procedures used. At a minimum, the plan shall specify:

8.4.2.j.1.A. The parameters for which the waste will be analyzed and the rationale for the selection of these parameters;

8.4.2.j.1.B. The test methods that will be used to test for these parameters; and

8.4.2.j.1.C. The sampling method that will be used to obtain a representative sample of the waste to be analyzed.

8.4.2.j.2. The owner or operator shall repeat the analysis of the injected wastes as described in the waste analysis plan at frequencies specified in the waste analysis plan and when process or operating changes occur that may significantly alter the characteristics of the waste stream.

8.4.2.j.3. The owner or operator shall conduct continuous or periodic monitoring of selected parameters as required by the Director.

8.4.2.j.4. The owner or operator shall assure that the plan remains accurate and the analyses remain representative.

8.4.3. Reporting requirements: The Director shall prescribe the form, manner, content and frequency of reporting by the operator. The operator shall be required to identify the types of tests and methods used to generate the monitoring data. At a minimum, requirements shall include:

8.4.3.a. Quarterly reports to the Director on:

8.4.3.a.1. The physical, chemical, and other relevant characteristics of injection fluids;

8.4.3.a.2. Monthly average, maximum, and minimum values for injection pressure, flow rate and volume, and annular pressure;

8.4.3.a.3. Monitoring of pressure and quality in underground sources of drinking water as prescribed under paragraph 8.4.2.d; and

8.4.3.a.4. Descriptions of any event where operating parameters exceed permit requirements and/or any event that triggered an alarm or shut down device including the response taken.

8.4.3.a.5. The total volume of fluid injected;

8.4.3.a.6. Any change in the annular fluid volume;

8.4.3.b. Reporting with the first quarterly report after the completion of:

8.4.3.b.1. Periodic demonstration of mechanical integrity;

8.4.3.b.2. Any other test of injection well conducted by the permittee if required by the Director; and

8.4.3.b.3. Any well workover results.

8.4.3.c. Written notice to the Director within 30 days after any compliance schedule date whether the permittee has or has not complied with the requirements in question;

8.4.3.d. Immediate reports to the Director of any violation of a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water.

8.5. Information to be Considered by the Director Prior to the Issuance of a Permit.

8.5.1. Prior to the issuance of a permit for an existing or new Class 1 well, the Director shall consider the following information: For an existing Class 1 well the Director may rely on the existing State permit file for those items of information listed below which are current and accurate in the State file. For a new Class 1 well, the Director shall require the submission of all the information listed below. For both existing and new Class 1 wells, paragraphs 8.5.1.c., 8.5.1.d., and 8.5.1.f. of this section may be included in the application by reference if the reference is specific in identifying the maps in question and the maps are readily available to the Director. The following information is required:

8.5.1.a. Any increase in the amount of hazardous waste or change in the type of hazardous waste injected;

8.5.1.b. A map showing the injection well(s) 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 producing wells, injection wells, abandoned wells, dry holes, surface bodies of water, springs, mines (surface and subsurface), quarries, water wells and other pertinent surface features including residences and roads. The map should also show faults, if known or suspected.

8.5.1.c. A tabulation of data on all wells within the area of review which penetrate into the proposed injection zone and/or confining zone. Such data shall include a description of each well's type, construction, date drilled, location, depth, record of plugging and/or completion, and any additional information on these wells as the Director may require;

8.5.1.c.1. The protocol used to identify all wells within the area of review, and to determine if the wells are properly plugged.

8.5.1.d. Maps and cross sections indicating the general vertical and lateral limits of all underground source of drinking water within the area of review, their position relative to the injection formation and the direction of water movement, where known, in each underground source of drinking water which may be affected by the proposed injection;

8.5.1.e. Maps and cross sections detailing the geologic structure of the local area;

8.5.1.f. Generalized maps and cross sections illustrating the regional geologic setting;

8.5.1.g. Operating data:

8.5.1.g.1. The anticipated average and maximum pressure and flow rate at which the permittee will operate; and

8.5.1.g.2. Source and an analysis of the chemical, physical, radiological and biological characteristics of injection fluids;

8.5.1.h. Formation testing program to obtain analysis of the chemical, physical, and radiological characteristics of and other information on the receiving formation;

8.5.1.h.1. A determination that the geology of the area can be described confidently and that limits of waste fate and transport can be accurately predicted through the use of models.

8.5.1.i. Stimulation program;

8.5.1.j. Injection procedure;

8.5.1.k. Schematic or other appropriate drawings of the surface and subsurface construction details of the well;

8.5.1.l. Contingency plans to cope with all shut-ins or well failures so as to prevent migration of contaminating fluids into any underground source of drinking water;

8.5.1.m. All available logging and testing program data on the well;

8.5.1.n. Plans for meeting the monitoring requirements, including an Ambient monitoring plan. Owners/operators must develop a monitoring plan based on the site-specific assessment of the fluid migration potential. Pressure build up in the injection zone must be monitored annually;

8.5.1.o. For wells within the area of review which penetrate the injection zone and/or confining zone but are not properly completed or plugged, the corrective action proposed to be taken under subsections 6.1 and 14.9;

8.5.1.p. Construction procedures including a cementing and casing program, well materials specifications and their life expectancy, logging procedures, directional survey, and a drilling, testing, and coring program;

8.5.1.q. Feasibility of monitoring permeable strata located between the injection zone and underground sources of drinking water;

8.5.1.r. Compatibility of injected waste with fluids in the injection zone and minerals in both the injection zone and the confining strata including proving that injection fluid will not react with formation fluids and change relevant characteristics if the confining or injection zones so they would no longer meet requirements in 8.5.1.;

8.5.1.s. 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 and for post-closure care under subdivision 8.7, 8.8, 14.7.7. and 8.5.2.;

8.5.1.t. A satisfactory demonstration of mechanical integrity under subdivision 14.7.8. and subsection 6.2.;

8.5.1.u. The calculated area of review;

8.5.1.v. Owner/operator must have certification that the hazardous waste generator has a program to reduce the volume and toxicity of waste stream to the extent economically feasible; and injection of such waste minimizes the present and future threats to human health and the environment; and

8.5.1.w. Such other information as the Director may reasonably require.

8.5.2. Prior to granting approval for the plugging and abandonment of a Class 1 well, the Director shall consider the following information:

8.5.2.a. The type and number of plugs to be used;

8.5.2.b. The placement of each plug including the elevation of the top and bottom;

8.5.2.c. The type and grade and quantity of cement to be used;

8.5.2.d. The method for placement of the plugs;

8.5.2.e. The procedure to be used to meet the requirements of subsection 8.3;

8.5.2.f. Any proposed test or measure to be made;

8.5.2.g. The amount, size, and location (by depth) of casing and any other materials to be left in the well;

8.5.2.h. The method and location where casing is to be parted, if applicable; and

8.5.2.i. The estimated cost of closure.

8.6. Post-Closure Care

8.6.1. The owner or operator of a Class 1 hazardous waste well shall prepare, maintain, and comply with a plan for post-closure care. The obligation to implement the plan survives the termination of a permit or the cessation of injection activities. The requirement to maintain an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. Any revision to the plan must be submitted no later than the date of the closure report. The plan shall assure financial responsibility. The owner or operator shall submit the plan as a part of the permit application and, upon approval by the Director, such plan shall be a condition of any permit issued. The plan shall include the following information:

8.6.1.a. The pressure in the injection zone before injection began;

8.6.1.b. The anticipated pressure in the injection zone at the time of closure;

8.6.1.c. The predicted time until pressure in the injection zone decays to the point that the well's cone of influence no longer intersects the base of the lowermost USDW;

8.6.1.d. Predicted position of waste front at closure;

8.6.1.e. The status of any cleanups; and

8.6.1.f. The estimated cost of post-closure care.

8.6.1.f.1. The Director may modify the post-closure plan after submission of the closure report following the procedures in subdivision 14.18.

8.6.2. Owners/operators shall:

8.6.2.a. Continue any clean up actions and groundwater monitoring until the cone of influence no longer intersects the base of the lowermost USDW;

8.6.2.b. Retain records for 3 years. The Director shall require the owner or operator to deliver the records to the Director at the conclusion of the retention period, and the records shall thereafter be retained at a location designated by the Director for that purpose;

8.6.2.c. Submit a survey plat to the local zoning authority as well as to the Regional Administrator indicating the location of the well;

8.6.2.d. Notify appropriate State agencies responsible for drilling activities; and

8.6.2.e. Include a note on the property deed that the land was used to manage hazardous waste; the type and volume of waste injected.

8.6.3. Each owner of a Class 1 hazardous waste injection well, and the owner of the property on which the well is located, must record a notation on the deed to the facility property that will in perpetuity provide the following information:

8.6.3.a. The fact that land has been used to manage hazardous waste;

8.6.3.b. The name of the Agency or local authority with which the plat was filed; and

8.6.3.c. The type and volume of waste injected, the injection interval or intervals into which it was injected, and the period over which injection occurred.

8.6.4. The owner/operator must demonstrate and maintain financial responsibility for post-closure care by using a trust fund, surety bond, letter of credit, financial test, insurance or corporate guarantee that meets the specifications for the mechanisms and instruments revised as appropriate to cover closure and post-closure care in 47-13-8.7 and 47-13-8.8. The amount of the funds available shall be no less than the amount identified in subdivision 8.6.1.f. The obligation to maintain financial responsibility for post-closure care survives the termination of a permit or the cessation of injection. This requirement is enforceable regardless of the fact that it is a permit condition.

8.7. Adoption of 40 CFR part 144, subpart f (financial responsibility: Class 1 hazardous waste injection wells):

Except as otherwise provided, the regulations of the United States environmental protection agency set forth in 40 CFR Part 144, Subpart F are hereby incorporated by reference.

8.8. Modifications, Exceptions, and Omissions. Except as otherwise provided, the following modifications, exceptions, and omissions are made to the incorporated federal regulations.

8.8.1. The following term defined in 40 CFR Section 144.61 has the meaning set forth herein, in lieu of the meaning set forth in 40 CFR Section 144.61: "plugging and abandonment plan" means the plan for plugging and abandonment prepared in accordance with the requirements of 47-13-14.7.6.

8.8.2. The following terms not defined in 40 CFR Part 144, Subsection F have the meanings set forth herein when the terms are used in this part:

8.8.2.a. "Administrator," "regional administrator" and other similar variations means the director of the Division of the Water and Waste Management, Department of Environment Protection, West Virginia or his/her designee;

8.8.2.b. "United States environmental protection agency" or "EPA" means Division of the Water and Waste Management, Department of Environment Protection, West Virginia except when used in 40 CFR Section 144.70(f).

8.8.3. The following provisions of 40 CFR Part 144, Subpart F are modified in 47-13-8.8:

8.8.3.a. Cross references to 40 CFR Part 144 shall be replaced by cross references to 47-13-7 through 47-13-8;

8.8.3.b. The cross reference to Sections 144.28 and 144.51 in Section 144.62(a) shall be replaced by a cross reference to 47-13-14.7.6;

8.8.3.c. References to EPA identification numbers in financial assurance documents shall be replaced by references to API well numbers (US well numbers);

8.8.3.d. Trust agreements prepared in accordance with 40 CFR Section 144.70(a) must state that they will be administered, construed, and enforced according to the laws of West Virginia;

8.8.3.e. The cross references to 40 CFR Parts 264, Subpart H and 265, Subpart H shall be modified to include cross references to 40 CFR Parts 264, Subpart H and 265, Subpart H and 33 CSR 20, sections 33-20-7.5 and 33-20-8.3.

8.8.4. The following provisions of 40 CFR Part 144, Subpart F are omitted from 47-13-8.7,

8.8.4.a. Section 144.65;

8.8.4.b. Section 144.66;

8.8.4.c. The third sentence in 40 CFR Section 144.63(h).

8.9. The Provisions of 40 CFR 148 subpart A and B are hereby adopted and incorporated by reference with modifications, exceptions, and additions set forth in this section.

8.9.1. The following provisions of 40 CFR Part 148, Subparts A and B are excepted from incorporation by reference:

8.9.1.a. Section 148.1(c)(2);

8.9.1.b. Section 148.10(e)(2);

8.9.1.c. Section 148.11(b)(2);

8.9.1.d. Section 148.12(c)(2);

8.9.1.e. Section 148.14(j)(2);

8.9.1.f. Section 148.15(g)(2);

8.9.1.g. Section 148.16(g)(2);

8.9.1.h. Section 148.17(e)(2); and

8.9.1.i. Section 148.18(m)(2).

W. Va. Code R. § 47-13-8