W. Va. Code R. § 47-13-9

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

Section 47-13-9 - Criteria and Standards Applicable to Class 2 Wells

9.1. General

9.1.1. The criteria and standards applicable to Class 2 wells shall be those which are required pursuant to W. Va. Code §§22-6 et seq. and 22C-9-1 et seq. and the rules thereunder, including W. Va. Code of State Rules §35-4, this rule, and any other requirements that the Director considers reasonably necessary to ensure that no pollution of USDWs occurs.

9.1.2. Owners and operators of Class 2 wells shall obtain permits in accordance with the requirements of this section and section 14 of this rule.

9.2. Construction Requirements.

9.2.1. All new Class 2 wells shall be cased and cemented to prevent the migration of fluids into or between underground sources of drinking water. 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:

9.2.1.a. Depth to the injection zone;

9.2.1.b. Estimated maximum and average injection pressures; and

9.2.1.c. Depth to the bottom of all USDWs.

9.2.2. Appropriate logs and other tests shall be conducted during the drilling and construction of new Class 2 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 may specify, as may be needed, the logs and tests appropriate to each type of Class 2 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 to be considered by the Director, may, as appropriate, include:

9.2.2.a. Deviation checks at sufficiently frequent intervals to assure no fluid movement.

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

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

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

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

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

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

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

9.2.3. The following information concerning the injection zone shall be determined or calculated for new Class 2 wells or projects:

9.2.3.a. Fluid pressure;

9.2.3.b. Fracture pressure; and

9.2.3.c. Physical and chemical characteristics of the formation fluids.

9.3. Abandonment of Class 2 Wells.

9.3.1. Class 2 wells shall be abandoned in a manner, prescribed by the Director, under subdivision 14.7.6, and W. Va. Code §22-6 et seq. and the rules thereunder. 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 2 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.

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

9.3.2.a. The Balance Method;

9.3.2.b. The Dump Bailer Method;

9.3.2.c. The Two-Plug Method; or

9.3.2.d. An alternative method approved by the Director, which will reliably provide a comparable level of protection to underground sources of drinking water.

9.3.3. The well to be abandoned shall be in a state of static equilibrium before plugging commences 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).

9.4. Operating, Monitoring, and Reporting Requirements

9.4.1. Operating Requirements: The Director shall prescribe requirements governing the operation of injection wells in the permit. Requirements for Class 2 wells shall, at a minimum, include that:

9.4.1.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

9.4.1.b. Injection between the outermost casing protecting underground sources of drinking water and the well bore shall be prohibited.

9.4.2. Monitoring Requirements:

9.4.2.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 9.5.1.f.2. is incorrect or incomplete, a new analysis shall be provided to the Director;

9.4.2.b. Monitoring of injection pressure, flow rate, and cumulative volume shall be conducted as follows: weekly for produced fluid disposal; monthly for enhanced recovery; daily during the injection of liquid hydrocarbons and injection for withdrawal of stored hydrocarbons; and daily during the injection phase of cyclic steam operations. Recording of one observation of injection pressure, flow rate, and cumulative volume shall be conducted at reasonable intervals not to exceed 30 days.

9.4.2.c. Demonstration of mechanical integrity pursuant to subsection 6.2 shall be conducted at least every 5 years during the life of the Class 2 injection well;

9.4.2.d. Facilities must keep monitoring results until the next permit review; and

9.4.2.e. All Class 2 hydrocarbon storage and enhanced recovery 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.

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

9.5.1. Prior to the issuance of a permit for an existing or new Class 2 well, the Director shall consider the following information at a minimum. For an existing Class 2 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 2 injection well, the Director shall require the submission of all the information listed below. For both existing and new Class 2 wells, paragraphs 9.5.1.b., 9.5.1.c. and 9.5.1.f. of this section may be included by reference if the maps are specifically identified and readily available to the Director:

9.5.1.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, and water wells. The map should also show surface bodies of water, mines (surface and subsurface), quarries and other pertinent surface features including residence and roads, and faults if known. All new class 2 injection wells shall be sited in such a manner that they inject into a formation which is separated from any USDW by a confining zone that is free of known open faults or fractures within the area of review. Only information of public record and pertinent information known to the applicant is required to be included on this map;

9.5.1.b. Geologic name and depth to bottom of all USDW's affected by the injection.

9.5.1.c. Maps and cross sections detailing the geologic structure of the local area; and

9.5.1.d. Generalized maps and cross sections illustrating the regional geologic setting.

9.5.1.e. A tabulation of data reasonably available for public records or otherwise known to the applicant on wells within the area of review. 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.

9.5.1.f. Operating data:

9.5.1.f.1. The anticipated average and maximum pressure and daily flow rate and injection volumes at which the permittee will operate;

9.5.1.f.2. Characteristics and source of the injection fluid; and

9.5.1.f.3. Geological data on the injection and confining zones.

9.5.1.g. Schematic or other appropriate drawings of the surface and subsurface construction details of the well;

9.5.1.h. The corrective action proposed to be taken under subsection 6.1;

9.5.1.i. 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 14.7.7.; and

9.5.1.j. A satisfactory demonstration of mechanical integrity for all new wells as required by subsection 6.2.

W. Va. Code R. § 47-13-9