Part I.
Texas Natural Resource Conservation Commission
Chapter 331.
Underground Injection Control
The Texas Natural Resource Conservation Commission (commission) proposes
to repeal §§331.8 and 331.31-331.36, and proposes amendments to
§§331.2, 331.4, 331.7, 331.9-331.13, 331.42-331.46, 331.63-331.66,
331.68, 331.81-331.86, 331.121, and 331.122.
EXPLANATION OF PROPOSED RULE. The purpose of this rule package is to make
the rules consistent with federal regulations, clarify existing regulations,
and amend regulations that have no environmental impact to allow for either
greater flexibility than currently allowed or removal of unnecessary restrictions.
While state requirements must be at least as stringent as the corresponding
federal requirement, states authorized to implement the federal Underground
Injection Control (UIC) program are not required to adopt the federal requirements
verbatim (see 40 CFR §145.11(b)(1)). Therefore, in most cases, this
proposed rule package neither contains identical language to the federal
regulations referenced nor does it incorporate or paraphrase all of that
corresponding federal provision. However, in all cases, a proposed rule ensures
at least the equivalent level of environmental protection as that afforded
by the corresponding federal regulation. The package is not intended as a
major overhaul of the UIC program, but as an update for purposes of maintaining
federal UIC program delegation and providing some regulatory relief.
Proposed §331.2, regarding Definitions, is being amended to cross-reference
30 TAC Chapter 3 for general definitions; incorporate 40 Code of Federal
Regulations (CFR) §144.2 definitions for "Drilling mud," "Plugging,"
"Resource Conservation and Recovery Act (RCRA)," "Safe Drinking Water Act
(SDWA)," and "Total dissolved solids"; to incorporate 40 CFR §146.3
definitions for "Area of review," "Disposal well," and "Well stimulation";
to correct citations and clarify the language in the definition of "Existing
injection well"; to delete the definition of "Permit"; to delete references
to the Texas Water Commission in the definitions of "Salt cavern solid waste
disposal well or salt cavern disposal well," and "Upper limit"; and to provide
a definition for "Workover" as a part of the streamlining effort.
Proposed §331.4, regarding required mechanical integrity, is being
amended to improve clarity and to incorporate 40 CFR §144.51(q)(2).
Proposed §331.7(b) (relating to Permit Required), is being amended
to improve clarity and to incorporate 40 CFR §144.33(a)(3).
The commission proposes to repeal §331.8 (relating to Application
Required for Existing Wells) to remove an obsolete requirement. These rule
provisions for Class I and III wells are proposed for repeal because all
existing wells have already received permits.
Proposed §331.9 (relating to Authorization by Rule) is being amended
to delete subsections (a), (b), (d), (e), (h), and (i), which contain obsolete
requirements; old subsections (c), (f), (g) and (j) are renumbered; two new
paragraphs are added to renumbered subsection (b) to incorporate 40 CFR §144.24(b)
and (c); and the subsection (b) language is also clarified. Renumbered §331.9(d)
is being amended to clarify its language.
Proposed §331.10 (b) is being amended to delete some obsolete information.
Proposed §331.11(a)(4) is being amended to incorporate the first sentence
of 40 CFR §146.51(a).
Proposed §331.12(a) is being amended for editorial changes. Proposed
§331.12(a)(4) is being deleted to comply with the federal program. Proposed
§331.12(b) is being amended to remove an obsolete agency name.
Proposed §331.13(c)-(f) is being amended by adding two new subsections,
(d) and (e); incorporating 40 CFR §144.7(b)(2) and (3); and renumbering
old subsection (d) to (f) with an editorial change.
The commission proposes to repeal Subchapter B, §§331.31-331.36
(relating to Jurisdiction Over In Situ Uranium Mining) to remove obsolete
requirements. Subchapter B is being repealed in its entirety because those
duties listed as belonging to the Department of Health have been transferred
to the Texas Natural Resource Conservation Commission. Rather than renumber
the remaining subchapters, Subchapter B will be reserved for future rulemaking.
Proposed §331.42(a) is being amended for clarification. Proposed §331.42(b)(3)
is being amended to clarify it and to incorporate 40 CFR §146.6(a)(1)(i)
and (b). Proposed §331.42(b)(4) is being amended for clarification.
Proposed §331.42(c) is amended to incorporate 40 CFR §146.6(a)(2).
Old §331.42 (c) and (d) are being renumbered to (d) and (e).
Proposed §331.43(a), (b), and (d) are being amended for clarification;
old subsections (c) and (e) are being renumbered to (b) and (c), respectively;
and new subsections (d) and (e) are being added to incorporate 40 CFR §146.8(e)
and (f), respectively.
Proposed §331.44(a) is being amended to clarify its language; §331.44(a)(9)
is being amended to permit addition of further paragraphs in subsection (a);
§331.44(a)(10) is being amended to clarify its language and amend its
punctuation; §331.44(a)(11) is being added to incorporate 40 CFR §144.55(b)(4);
and §331.44(b)(7) is being amended to correct a citation.
Proposed §331.45 is being amended to delete a reference to guidance
because guidance is not enforceable. Proposed §331.45(1)(E), (J), and
(K) are being amended to correct citations.
Proposed §331.46(d) is being amended to be consistent with 40 CFR
§144.51(o) and to clarify its language. Proposed §331.46(e) is
being amended to incorporate 40 CFR §146.71(b), to allow for flexibility,
and to clarify its language. Proposed §331.46(k) and (l)(2) are being
amended to delete a reference to the TWC; §331.46(k) is also being amended
to clarify its language. Proposed §331.46(m) is being amended to incorporate
40 CFR §146.71(c)(2) and to clarify its language. Proposed §331.46(p)
is being moved from §331.66(a)(5) and being amended to incorporate the
last two sentences of 40 CFR §146.71(a).
Proposed §331.63(b) is being amended to provide more flexibility and
to clarify its language; subsection (h) is being amended for clarification
and streamlining; old subsection (i) is being deleted and replaced by a new
subsection (i) which is the former last sentence of subsection (h), moved
into a separate subsection for greater clarity; subsections (k) and (l) are
being deleted because those provisions are already addressed in 30 TAC §305.154
(relating to Standards); subsection (m) is being renumbered to subsection
(k).
Proposed §331.64(c)(3) is being amended to delete a redundancy and
to clarify its language. Proposed §331.64(c)(4) is being amended for
clarification. Proposed §331.64(d)(1) is being amended for clarification.
Deleted §331.43(d) is being moved to §331.64(d)(4) for clarification.
Proposed §331.64(f)(1)-(3) is being amended to incorporate 40 CFR §146.68(c);
§331.64(f)(1) is being amended to clarify its language; and old §331.64(f)(2)
is being renumbered to §331.64(f)(4) and clarified.
Proposed §331.64(g)(1) is being amended to incorporate 40 CFR §146.68(e)(2);
and §331.64(g)(2) is being amended to clarify the language. Proposed
new §331.64(i) incorporates 40 CFR §146.68(b).
Proposed §331.65(a)(1) is being amended to clarify its language. Proposed
§331.65(a)(1)(L) and (M) are being amended to correct citations. Proposed
§331.65(b)(2) is being amended to correct its punctuation, and §331.65(b)(2)(A)
is being deleted to promote report streamlining. Then, §331.65(b)(2)(B)
and (C) are being renumbered accordingly, and the language in subparagraph
(C) clarified. All of proposed §331.65(b)(3) is being amended for streamlining
and clarification. Proposed §331.65(c) (relating to Workover Reports)
is also being amended for streamlining and clarification.
Proposed §331.66(a)(5) is being deleted. Similar closure plan requirements
are being moved to §331.46(p) (relating to Closure Standards) and §331.68(a)
(relating to Post-Closure Care).
Proposed §331.68(a) is being amended to add the post-closure plan
requirement deleted in §331.66(a)(5). Proposed §331.68(a)(3) is
being amended to incorporate the third sentence of 40 CFR §146.73; §331.68(a)(5)
is being amended to correct citations; and §331.68(b)(3) is being amended
to delete a reference to the TWC.
Proposed §331.81 is being amended to streamline the language.
Proposed §331.82(a) (relating to Casing and Cementing) is being amended
for clarification. Proposed §331.82(c) (relating to Logs and Tests)
is being amended to incorporate 40 CFR §146.32(b). Proposed new §331.82(c)(2)(A)(i)
incorporates deleted §331.43(b)(1); proposed new §331.82(c)(2)(A)(ii)
incorporates a combination of the language from deleted §331.41(b)(2)
and the cement records requirement found in 40 CFR §146.8(c)(4); and
proposed §331.82(c)(2)(B) incorporates deleted §331.43(d). Former
§331.82(c)(2) is renumbered to §331.82(c)(3). Proposed §331.82(g)
(relating to Monitor Well Location) is being amended to incorporate the first
sentence of 40 CFR §146.32(e) and to clarify its language. Proposed
§331.82(h) and (i)(1) are being amended for clarification.
Proposed §331.83(a) and (b) are being amended for clarification.
Proposed §331.84(a) is being amended to incorporate 40 CFR §146.33(b)(1).
Proposed §331.84(f) is being amended to incorporate the second sentence
of 40 CFR §146.33(b)(5).
Proposed §331.85(e) and (g) are being amended to streamline language
and reporting requirements.
Proposed §331.86(a) is being amended for clarification.
Proposed §331.121(a)(2)(G)(i) is being amended to be consistent with
40 CFR §146.70(a)(8)(i). Proposed §331.121(a)(2)(L) is being amended
to be consistent with 40 CFR §146.14(a)(12) and §146.70(a)(13)
and for clarification. Proposed §331.121(d)(1)(A) is being amended for
clarification. Proposed §331.121(f) is being amended to clarify it and
to incorporate 40 CFR §144.1(h).
Proposed §331.122(2)(B) is being amended to clarify its language and
to be consistent with 40 CFR §146.34(a)(3). Proposed §331.122(2)(C)
is being amended for streamlining. Proposed §331.122(2) (L) and (M)
are being amended to correct grammar. Proposed §331.122(2)(N) is being
added to incorporate 40 CFR §146.34(a)(16). Proposed §331.122(4)
is being amended to delete reference to an improper citation.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five-year period the sections as proposed
are in effect there are no significant fiscal implications anticipated for
state or local governments as a result of enforcement and administration
of the sections.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years the sections as proposed are in effect the public benefit anticipated
as a result of enforcement of and compliance with the sections will be the
clarification of existing regulations relating to UIC and consistency between
state and federal regulations. Compliance with the proposed state regulations
will result in no costs to affected parties that would not otherwise result
from compliance with the existing federal regulation proposed for incorporation.
There are no additional costs anticipated for any person required to comply
with the proposed sections.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for these rules pursuant to Texas Government Code Annotated §2007.043.
The following is a summary of that assessment. The specific purpose of the
rules is to incorporate federal language into current state regulations so
that the UIC Program can maintain compliance with the federal program. The
rules will significantly advance this specific purpose by allowing the commission
to maintain primacy, and thus state control, for the UIC Program without
making the existing rules any less stringent. Promulgation and enforcement
of these rule amendments will not create a burden on private real property.
These rule amendments are minor in nature and do not impose any additional
or substantial burden on private real property. Authorized UIC facilities
are already subject to these federal requirements, these amendments merely
incorporate the federal requirements into the state UIC program. Also, because
this rulemaking is reasonably taken to fulfill an obligation mandated by
federal law, these rule amendments are excepted from the Private Real Property
Preservation Act pursuant to §2007.3(b)(4) of the Texas Government Code.
PUBLIC HEARING. A public hearing on the proposal will be held February
6, at 10:00 a.m. in Room 5108 of the Texas Natural Resource Conservation
Commission Building F, located at 12100 Park 35 Circle, Austin. The hearing
is structured to receive oral or written comments by interested persons.
Individuals may present oral statements when called upon in order of registration.
Open discussion within the audience will not occur during the hearing; however,
an agency staff member will be available to discuss the proposal 30 minutes
prior to the hearing and will answer questions before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be submitted by mail to Bettie
Bell, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087,
Austin, Texas 78711-3087; or by fax at (512) 239-4808. All comments must
be received within 30 days following the date of this publication and should
refer to Rule Log No. 96141-331-WS. Comments received by 5:00 p.m. on that
date will be considered by the commission prior to any final action on the
proposal. For further information, please contact Kathy Vail at (512) 239-6637.
Subchapter A. General Provisions
30 TAC §§331.2, 331.4, 331.7, 331.9-331.13
STATUTORY AUTHORITY. The repealed and amended sections are
proposed under the authority of Texas Water Code §§5.103, 5.105,
and 27.019, which provide the commission with the authority to adopt rules
reasonably required for the performance of its powers and duties under the
Texas Water Code and other laws of the state; and under the Texas Health
and Safety Code, §361.017 and §361.024, which further authorize
the Texas Natural Resource Conservation Commission to promulgate rules necessary
to manage industrial solid and municipal hazardous wastes.
These amendments implement Texas Water Code, Chapter 27.
§331.2.Definitions.
General definitions can be found in Chapter
3 of this title (relating to Definitions).
The following words and
terms, when used in this chapter shall have the following meanings, unless
the context clearly indicates otherwise.
Area of review
-
The area surrounding an injection well described according to the criteria
set forth in §331.42 of this title (relating to Area of Review) or in
the case of an area permit, the project area plus a circumscribing area the
width of which is either one fourth of a mile or a number calculated according
to the criteria set forth in §331.42 of this title.
Disposal well
- A [An injection] well that is used for the
Drilling mud
- A heavy suspension
used in drilling an injection well, introduced down the drill pipe and through
the drill bit.
Existing injection well
- A Class I well which was authorized
before [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
30 Texas Administrative Code (TAC)
§335.1
of this title (relating to
Definitions
[Purpose,
Scope, and Applicability]).
[Permit
- A written document issued by the Texas Water commission
that by its conditions, authorizes the permittee to construct, install, modify,
or operate, in accordance with stated limitations, a specified injection
well facility.]
Plugging
-
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.
RCRA
-
The Solid Waste Disposal Act as amended by the Resource Conservation and
Recovery Act of 1976 (Pub. L. 94-580, as amended by Pub. L. 95-609, Pub.
L. 96-510, 42 U.S.C. 6901 et seq.).
SDWA
-
The Safe Drinking Water Act (Pub. L. 93-523, as amended; 42 U.S.C. 300f et
seq.).
Salt cavern solid waste disposal well or salt cavern disposal well
- For the purposes of this chapter relating to Underground Injection
Control, regulations of the [Texas Water] commission, and not to UIC Class
II or UIC Class III wells in salt caverns regulated by the Texas Railroad
Commission, a salt cavern disposal well is a type of UIC Class I injection
well used:
(A)-(B)
(No change.)
Total dissolved solids (TDS)
-
The total dissolved (filterable) solids as determined
by use of the method specified in 40 Code of Federal Regulations (CFR) 136.
Upper limit
- A parameter value established by the [Texas
Water] commission in a permit/production area authorization which when exceeded
indicates mining solutions may be present in designated monitor wells.
Well stimulation
-
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, but is not limited
to surging, jetting, blasting, acidizing, and hydraulic fracturing.
Workover
-
An operation in which a down-hole component of a well is repaired, the engineering
design of the well is changed, or the mechanical integrity of the well is
compromised. Workovers include operations such as sidetracking, the addition
of perforations within the permitted injection interval, and the addition
of liners or patches. For the purposes of this chapter, workovers do not
include well stimulation operations.
§331.4. Mechanical Integrity Required.
Injection is prohibited for Class I and III wells which lack mechanical
integrity, the result of which may pollute an underground source of drinking
water. Except where excluded in the case of authorization by rule, mechanical
integrity
under
[pursuant to] §331.43
of this title (relating to Mechanical Integrity Standards) must be demonstrated
to the satisfaction of the executive director before operation begins. Injection
may be prohibited for Class V wells which lack mechanical integrity. The
executive director may require a demonstration of mechanical integrity at
any time if there is reason to believe mechanical integrity is lacking.
§331.7. Permit Required.
(a)
(No change.)
(b)
For Class III in situ uranium solution mining wells, Frasch
sulfur wells, and other Class III operations under commission jurisdiction,
an area permit authorizing more than one well may be issued for a defined
permit area
in which
[wherein] wells of similar
design and operation are proposed.
The wells must
be operated by a single owner or operator.
Before
[Prior to] commencing operation of
those
[such] wells, the permittee may be required to obtain a production
area authorization for separate production or mining areas within the permit
area.
§331.9. Injection Authorized by Rule.
[(a)
Injection into any Class I and Class III well or group
of Class I and Class III wells for which the commencement of construction
began prior to January 1, 1982 is authorized by virtue of this rule, provided
compliance with any permit issued before January 1, 1982 is maintained, provided
compliance with the following rules of this chapter is achieved within one
year from January 1, 1982, and provided mechanical integrity is demonstrated
within two years from January 1, 1982 for each individually authorized Class
I and III well:
[(1)
Financial responsibility: §§331.141-331.147
of this title (relating to Financial Responsibility);
[(2)
Operating, Monitoring and Reporting: Class I, §331.63
of this title (relating to Operating Requirements); §331.64 of this
title (relating to Monitoring Requirements); and §331.65 of this title
(relating to Reporting Requirements); Class III, §331.83 of this title
(relating to Operating Requirements); §331.68 of this title (relating
to Post-Closure Care); §331.84 of this title (relating to Monitoring
Requirements); and §331.85 of this title (relating to Reporting Requirements);
or §331.103 of this title (relating to Production Area Monitor Wells);
§331.104 of this title (relating to Establishment of Baseline and Restoration
Values); §331.105 of this title (relating to Monitoring Standards);
§331.106 of this title (relating to Remedial Action for Excursion);
§331.107 of this title (relating to Restoration); §331.86 of this
title (relating to Closure);
[(3)
porting of Noncompliance or Malfunction: Class I,
§331.65(b) of this title (relating to Reporting Requirements); Class
III, §331.106(1) of this title (relating to Remedial Action for Excursion)
and §331.85(e) of this title (relating to Reporting Requirements);
[(4)
Retention of Records: Class I, §331.67(c) of
this title (relating to Record Keeping Requirements);
[(5)
Notice of Abandonment: §331.46(b) of this title
(relating to Closure Standards);
[(6)
Closure Plan and Standards: §331.46 of this
title (relating to Closure Standards); and
[(7)
Post-Closure Care: §331.68 of this title (relating
to Post-Closure Care); and
[(8)
Hazardous Waste Injection Wells: §305.156 of
this title (relating to Hazardous Waste).
[(b)
The authorization and requirements of subsection (a) of
this section also apply to the construction or operation commencing after
January 1, 1982 of any Class III well that will be part of an existing Class
III well field or operation and will represent a continuation of such field
or operation, provided a demonstration of mechanical integrity is made and
reported to the executive director in accordance with §331.43 of this
title (relating to Mechanical Integrity Standards).]
(a)
[(c)]
Plugging and abandonment
of a well authorized by rule at any time after January 1, 1982, shall be
accomplished in accordance with the standards of §331.46 of this title
(relating to Closure Standards).
[(d)
Post-Closure Care of a hazardous Class I well authorized
by rule at any time after January 1, 1982, shall be accomplished in accordance
with the standards of §331.68 of this title (relating to Post-Closure
Care).
[(e)
Authorization under subsections (a) and (b) of this section
shall expire:
[(1)
if an application for permit has not been filed in accordance
with §331.8 of this title (relating to Application Required for Existing
Wells);
[(2)
upon the effective date of an injection well permit
or denial of an injection well permit application; or,
[(3)
the date five years after January 1, 1982, unless
a complete application for permit is pending.]
(b)
[(f)]
Injection into Class
V Wells, unless otherwise provided [herein] is authorized by virtue of this
rule; injection into new Class V wells used for the disposal of over 1,000
gallons per day of sewage or sewage effluent must apply for and obtain a
permit from the commission
before
[prior to]
operations.
(1)
Well
authorization under this section expires upon the effective date of a permit
issued under §331.7 of this title (relating to Permit Required).
(2)
An owner or operator of a Class V well is prohibited from injecting into
the well:
(A)
upon
the effective date of permit denial;
(B)
upon
failure to submit a permit application in a timely manner under subsection
(c) of this section;
(C)
upon
failure to submit inventory information in a timely manner under §331.10
of this title (relating to Inventory of Wells Authorized by Rule); or
(D)
upon
failure to comply with a request for information in a timely manner.
(c)
[(g)]
The executive director
may require the owner or operator of an injection well authorized by rule
to apply for and obtain an injection well permit. The owner or operator shall
submit a complete application within 90 days after the receipt of a letter
from the executive director requesting that the owner or operator of an injection
well submit an application for permit. Cases for which a permit may be required
include, but are not limited to:
(1)
the injection well is no longer within the scope of subsections
(a), (b) and (e) of this section;
(2)
compliance with standards in addition to those listed
in Subsection (a) of this section is required to protect fresh water from
pollution; or,
(3)
the injection well is not in compliance with the standards
required by this section.
[(h)
For Class III injection wells authorized by rule, the
executive director is authorized to waive requirements consistent with the
provisions of §331.48 of this title (relating to Waiver of Requirements).
[(i)
For all permits issued by the state on or before July
26, 1988, the permit terms "injection zone" and "subsurface interval" shall
have the same definitional meaning as the term "injection interval", as defined
in 31 TAC §331.2 of this title (relating to Definitions). For all permits
issued after July 26, 1988, the permit term "injection interval" shall be
defined in accordance with 31 TAC §331.2 of this title (relating to
Definitions).]
(d)
[(j)]
Class IV wells injecting
hazardous waste-contaminated ground water that is of acceptable quality to
aid remediation and
that
is being reinjected
into the same formation from which it was drawn, as authorized by §331.6
of this title (relating to Prohibition of Class IV Well Injection), shall
be authorized by rule.
§331.10. Inventory of Wells Authorized by Rule.
(a)
(No change.)
(b)
Drillers of injection wells authorized by rule may inventory
wells by submission of [either] a form to be provided by the executive director
[or the form of the Water Well Drillers Board].
(c)
(No change.)
§331.11. Classification of Injection Wells.
(a)
Injection wells within the jurisdiction of the commission
are classified as follows:
(1)-(3)
(No change.)
(4)
Class V.
Generally, wells covered
by this paragraph inject non-hazardous fluids into or above formations that
contain USDWs.
Injection wells within the jurisdiction of the commission,
but not included in Classes I, III, or IV. Class V wells include, but are
not limited to:
(A)-(J)
(No change.)
(b)
(No change.)
§331.12. Conversion of Wells.
(a)
Persons utilizing wells authorized by permit, [by] rule,
or otherwise, who wish to convert the well from its authorized purpose to
(1)-(3)
(No change.)
[(4)
Disposal of industrial or municipal waste in Class
II wells is specifically prohibited unless authorized by permit or by written
approval of the executive director and confirmed by Texas Railroad Commission
authorization.]
(b)
Conversions of wells that remain exclusively within the
jurisdiction of the Railroad Commission are not affected by this rule. For
example, a conversion from a Class II disposal well to a water supply well
regulated by the Railroad Commission would neither enter nor exit the jurisdiction
of
this agency
[the Texas Water Commission]
and thus would not be subject to this rule.
§331.13. Exempted Aquifer.
(a)-(b)
(No change.)
(c)
An aquifer or portion of an aquifer may be designated as
an exempted aquifer if the following criteria are met:
(1)
(No change.)
(2)
Until exempt status is removed according to procedures
in subsection
(f)
[(d)] of this section, it
will not in the future serve as a source of drinking water for human consumption
because:
(A)-(D)
(No change.)
(d)
No
designation of an exempted aquifer submitted as part of a UIC Program shall
be final until approved by the EPA as part of the delegated UIC program.
(e)
Subsequent
to program approval or promulgation, the commission may, after notice and
opportunity for a public hearing, identify additional exempted aquifers.
(f)
[(d)]
After notice and opportunity
for public hearing, the designation of exempted aquifer may be removed
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 8, 1997.
TRD-9700294
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 239-6087
30 TAC §331.8
(Editor's Note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices
of the Texas Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed to be repealed under Texas
Water Code §§5.103, 5.105, and 27.019, which authorize the Texas
Natural Resource Conservation Commission to promulgate rules necessary to
carry out the powers and duties under the provisions of Texas Water Code,
Chapter 27, and other laws of this state; and under the Texas Health and
Safety Code, §361.017 and §361.024, which further authorize the
Texas Natural Resource Conservation Commission to promulgate rules necessary
to manage industrial solid and municipal hazardous wastes.
The repeal implements Texas Water Code, Chapter 27.
§331.8. Application Required for Existing Wells.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on January 8, 1997.
TRD-9700295
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 239-6087
30 TAC §§331.31-331.36
(Editor's Note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed to be repealed under Texas
Water Code, §§5.103, 5.105, and 27.019, which authorize the Texas
Natural Resource Conservation Commission to promulgate rules necessary to
carry out the powers and duties under the provisions of Texas Water Code,
Chapter 27, and other laws of this state; and under the Texas Health and
Safety Code, §361.017 and §361.024, which further authorize the
Texas Natural Resource Conservation Commission to promulgate rules necessary
to manage industrial solid and municipal hazardous wastes.
These repeals implement Texas Water Code, Chapter 27.
§331.31. Authority of Texas Department of Health.
§331.32. Authority of Texas Water Commission.
§331.33. Joint Authority Over Holding Ponds.
§331.34. Applications.
§331.35. Permits.
§331.36. Financial Assurances.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on January 8, 1997.
TRD-9700293
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 239-6087
30 TAC §§331.42-331.46
The amendments are proposed under the authority of Texas Water
Code, §§5.103, 5.105, and 27.019, which provide the commission
with the authority to adopt rules reasonably required for the performance
of its powers and duties under the Texas Water Code and other laws of the
state; and under the Texas Health and Safety Code, §361.017 and §361.024,
which further authorize the Texas Natural Resource Conservation Commission
to promulgate rules necessary to manage industrial solid and municipal hazardous
wastes.
These amendments implement Texas Water Code, Chapter 27.
§331.42. Area of Review.
(a)
The area of review is the area surrounding an injection
well or a group of injection wells, for which the permit application must
detail the information required in
Subchapter G of
this title (relating to Consideration Prior to Permit Issuance.
[§331.121
of this title (relating to Class I Wells).]
(b)
The area of review is:
(1)-(2)
(No change.)
(3)
for Class III
wells
[in situ uranium, Frasch sulfur, and other Class III permit areas],
(4)
for [other Class III wells and] Class V wells, an
area determined by a radius of at least l/4 mile from the proposed or existing
wellbore.
(c)
The
computation of the cone of influence may be based upon the parameters listed
below and should be calculated for an injection time period equal to the
expected life of the injection well or pattern. The following modified Theis
equation illustrates one form which the mathematical model may take.
Figure: 30 TAC §331.42(c)
(d)
[(c)]
After an appropriate
review, the commission may modify the area of review. In no event shall the
boundary of an area of review be less than 2 1/2 miles for Class I wells
or l/4 mile from any
other
injection well covered
by the appropriate authorization. The following factors are to be included
in the review:
(1)
Chemistry of injection and formation fluids;
(2)
Hydrogeology;
(3)
Population and its dependence on ground water use;
and,
(4)
Historical practices in the area.
(e)
[(d)]
The executive director
may require an owner or operator of an existing injection well to submit
any reasonably available information regarding the area of review, if the
information would aid a review for the prevention or correction of freshwater
pollution.
§331.43. Mechanical Integrity Standards.
(a)
An injection well has mechanical integrity if
:
(1)
there is no significant
leak in the casing, tubing, or packer, and
(2)
if there is no significant
fluid movement through vertical channels adjacent to the injection wellbore.
[(b)
Except as provided by subsections (c) and (d) of this
section, the following tests shall be used to evaluate the mechanical integrity
of an injection well:
[(1)
monitoring of annulus pressure, or pressure test with
liquid or gas, or radioactive tracer survey, or (for Class III uranium solution
mining wells only) single point resistivity survey in conjunction with a
pressure test to detect any leaks in the casing, tubing, or packer; and
[(2)
temperature log, noise log, radioactive tracer survey,
cement bond log, oxygen activation log, or (for Class III uranium solution
mining wells only) cement records where other tests are not suitable.]
(b)
[(c)]
A salt cavern has integrity
if it:
(1)
has no anomalies or irregularities that would prevent optimum
cavern filling or that would prevent the cavern from holding pressure; and
(2)
has no pressure communication or fluid flow between
other caverns or formations outside the salt stock. The tests to show salt
cavern integrity shall consist of cavern pressure and sonar tests, or other
tests approved by the executive director, to determine the geometric shape
of the unfilled cavern.
[(d)
The executive director may allow the use of a test to
demonstrate mechanical integrity other than those listed in subsection (b)
of this section with the written approval of the administrator of the United
States Environmental Protection Agency or his authorized representative.
To obtain approval, the executive director shall submit a written request
to the United States Environmental Protection Agency administrator, which
shall set forth the proposed test and all technical data supporting its use.
The United States Environmental Protection Agency administrator shall approve
the request if it will reliably demonstrate the mechanical integrity of wells
for which its use is proposed. Any alternate method approved by the United
States Environmental Protection Agency administrator shall be published in
the Federal Register and may be used unless its use is restricted at the
time of approval by the United States Environmental Protection Agency administrator.]
(c)
[(e)]
Methods and standards
approved by the EPA [USEPA] through federal Underground Injection Control
Program delegation to the commission, shall be applied in conducting and
evaluating the tests required by this section.
(d)
When
the owner or operator reports the results of mechanical integrity tests to
the executive director, he shall include a description of the test(s) and
the method(s) used. In making his/her evaluation, the executive director
shall review monitoring and other test data submitted since the previous
evaluation.
(e)
The
executive director may require additional or alternative tests if the results
presented by the owner or operator under subsection (d) of this section are
not satisfactory to the executive director to demonstrate that there is no
movement of fluid into or between USDWs resulting from the injection activity.
§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
[will] be considered:
(1)-(8)
(No change.)
(9)
Reliability of the procedures used to identify abandoned
wells; [and]
(10)
Any other factors which might affect the movement
of fluids into or between USDWs[ or freshwater aquifers]
; 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)-(6)
(No change.)
(7)
If at any time the operator cannot assure the continuous
attainment of the performance standard in §331.62
(5)
[(4)] 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.
§331.45. Executive Director Approval of Construction and Completion.
The executive director may approve or disapprove the construction and
completion for an injection well or project. In making a determination whether
to grant approval, the following shall be reviewed for compliance with the
standards of this chapter[, and established TNRCC guidance]:
(1)
for Class I wells, other than salt cavern disposal wells
and associated salt caverns:
(A)-(D)
(No change.)
(E)
results of the injection zone and confining zone testing
program as required in §331.62
(7)
[(f)]
of this title (relating to Construction Standards) and §331.65(a) of
this title (relating to
Pre-operation Reports
[Class I Wells]);
(F)-(I)
(No change.)
(J)
compliance with the casing and cementing performance standard
in §331.62
(5)
[(d)] of this title (relating
to Construction Standards), and where necessary, changes to the permit to
provide for additional testing and/or monitoring of the well to insure the
continuous attainment of the performance standard; and
(K)
compliance with the cementing requirements in §331.62
(2)-(3)
(No change.)
§331.46. Closure Standards.
(a)-(c)
(No change.)
(d)
In closure of all Class I wells, including salt cavern
disposal wells, [and] Class III wells,
and permitted
Class V wells,
a well shall be plugged in a manner which will not
allow the movement of fluids through the well, out of the injection zone
either into or between underground sources of drinking waters (USDWs)[ or
freshwater aquifers] or to the land surface. Well plugs shall consist of
cement or other materials approved in writing by the executive director,
which provide protection equivalent to or greater than that provided by cement.
(e)
The permittee shall notify the executive director before
commencing closure according to an approved plan. For Class I wells this
notice shall be given at least 60 days before commencement.
At the discretion of the executive director, a shorter notice period may
be allowed.
The executive director
shall
[will]
review any revised, updated, or additional closure plans.
(f)-(j)
(No change.)
(k)
For Class I wells only, a monument or other permanent marker
shall be placed at or attached to the plugged well
before
[prior to] abandonment. The monument shall
state the [Texas Water Commission (TWC)] permit number, date of abandonment,
and company name.
(l)
Each owner of a Class I hazardous waste injection well,
and the owner of the surface or subsurface property on or in which a Class
I hazardous waste injection well is located, must record, within 60 days
after approval by the executive director of the closure operations, a notation
on the deed to the facility property or on some other instrument which is
normally examined during a title search that will, in perpetuity, provide
any potential purchaser of the property the following information:
(1)
(No change.)
(2)
the name of the state agency or local authority with
which the plat was filed, as well as the Austin address of the Underground
Injection Control (UIC) staff of the
commission,
[TWC]
to which it was submitted; and
(3)
(No change.)
(m)
Within 30 days after completion of closure, the permittee
shall file with the executive director a closure report on forms provided
by the commission. The report shall be certified as accurate by the owner
or operator and by the person who performed the closure operation (if other
than the owner or operator).
This
[Such] report
shall consist of a statement that the well was closed in accordance with
the closure plan previously submitted and approved by the executive director.
(n)-(o)
(No change.)
(p)
The
obligation to implement the closure plan survives the termination of a permit
or the cessation of injection activities. The requirement to maintain and
implement an approved plan is directly enforceable regardless of whether
the closure plan requirement is a condition of the permit.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 8, 1997.
TRD-9700292
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 239-6087
30 TAC §§331.63-331.66, 331.68
The amendments are proposed under the authority of Texas Water
Code, §§5.103, 5.105, and 27.019, which provide the commission
with the authority to adopt rules reasonably required for the performance
of its powers and duties under the Texas Water Code and other laws of the
state; and under the Texas Health and Safety Code, §361.017 and §361.024,
which further authorize the Texas Natural Resource Conservation Commission
to promulgate rules necessary to manage industrial solid and municipal hazardous
wastes.
These amendments implement Texas Water Code, Chapter 27.
§331.63. Operating Requirements..
(a)
(No change.)
(b)
Except during well stimulation,
injection
[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, initiate new fractures or propagate
existing fractures in the confining zone, or cause movement of fluid out
of the injection zone that may pollute USDWs[, and fresh] or surface water.
(c)-(g)
(No change.)
(h)
The permittee shall notify the executive director before
commencing any workover operation [or corrective maintenance which involves
taking the injection well out of service]. The notification shall be in writing
and shall include plans for the proposed work.
Approval
by the executive director shall be obtained before the permittee may begin
the workover.
The executive director may grant an exception
(i)
Pressure
control equipment shall be installed and maintained during workovers which
involve the removal of tubing.
[(i)
Mechanical integrity shall be demonstrated following any
major operations which involve removal of the injection tubing, recompletions,
or unseating of the packer.]
(j)
(No change.)
[(k)
An owner or operator of a Class I well who ceases injection
operations temporarily may keep the well open provided he:
[(1)
has received written authorization from the executive
director; and
[(2)
has described actions or procedures, satisfactory
to the executive director, that the owner or operator will take to ensure
that the well will not endanger USDWs, and fresh or surface water during
the period of temporary disuse. These actions and procedures shall include
compliance with the technical requirements applicable to active injection
wells, including mechanical integrity.
[(l)
The owner or operator of a well that has ceased operations
for more than two years shall notify the executive director 30 days prior
to resuming operation of the well.]
(k)
[(m)]
The owner or operator
shall maintain mechanical integrity of the injection well at all times.
§331.64. Monitoring and Testing Requirements.
(a)-(b)
(No change.)
(c)
Continuous recording devices shall be installed
,
[and] used, and maintained in proper operating condition at all
times to record injection tubing pressures, injection flow rates, injection
fluid temperatures, injection volumes, tubing-long string casing annulus
pressure and volume, and any other data specified by the permit. The instruments
shall be housed in weatherproof enclosures. The owner or operator shall also
install and use:
(1)-(2)
(No change.)
(3)
If an automatic alarm or shutdown is triggered, the
owner or operator shall immediately investigate as expeditiously as possible
the cause of the alarm or shutoff. If, upon investigation, the well appears
to be lacking mechanical integrity, or if monitoring [required under subsection
(c) of this section] otherwise indicates that the well may be lacking mechanical
integrity, the owner or operator shall:
(A)
[immediately] cease injection of waste fluids unless authorized
by the executive director to continue or resume injection;
(B)-(C)
(No change.)
(4)
If the loss of mechanical integrity is discovered
(A)-(E)
(No change.)
(5)
(No change.)
(d)
Mechanical integrity testing.
(1)
The
integrity of the long string casing, injection tube, and annular seal shall
be tested annually by means of an approved pressure test with a liquid or
gas and whenever there has been a well workover. The integrity of the bottom-hole
cement shall be tested annually by means of an approved radioactive tracer
survey. A radioactive tracer survey may be required after workovers that
have the potential to damage the cement within the injection zone.
[Mechanical integrity must be demonstrated annually].
(2)
A temperature log,
noise log, oxygen activation log, or other approved log shall be required
by the executive director at least once every five years to test for fluid
movement along the borehole.
(3)
A casing inspection,
casing evaluation, or other approved log shall be run whenever the owner
or operator conducts a workover in which the injection string is pulled,
unless the executive 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
executive director may require that a casing inspection log be run every
five years, if there is sufficient reason to believe the integrity of the
long string casing of the well may be adversely affected by naturally occurring
or man-made events.
(4)
The executive director may allow the use of a test to demonstrate mechanical
integrity other than those listed in paragraph (1) of this subsection with
the written approval of the administrator of the United States Environmental
Protection Agency (EPA) or his authorized representative. To obtain approval,
the executive director shall submit a written request to the EPA administrator,
which shall set forth the proposed test and all technical data supporting
its use. The EPA administrator shall approve the request if it will reliably
demonstrate the mechanical integrity of wells for which its use is proposed.
Any alternate method approved by the EPA administrator shall be published
in the
Federal Register
and may be used unless
its use is restricted at the time of approval by the EPA administrator.
(e)
(No change.)
(f)
Corrosion monitoring.
(1)
Corrosion monitoring of well materials shall be conducted
quarterly. Test materials shall be the same as those used in the injection
tubing, packer, and long string casing, and
shall
[will] be continuously exposed to the waste fluids with the exception
of when the well is taken out of service.
The owner
or operator shall demonstrate that the waste stream will be compatible with
the well materials with which the waste is expected to come into contact,
and to submit to the executive director a description of the methodology
used to make that determination. Compatibility for purposes of this requirement
is established if contact with injected fluids will not cause the well materials
to fail to satisfy any design requirement imposed under §331.62(1) of
this title (relating to Design Criteria). Testing shall be by:
(A)
placing
coupons of the well construction materials in contact with the waste stream;
or
(B)
routing
the waste stream through a loop constructed with the material used in the
well; or
(C)
using
an alternative method approved by the executive director.
(2)
The test shall use materials identical to those used in the construction
of the well, and those materials must be continuously exposed to the operating
pressures and temperatures (measured at the wellhead) and flow rates of the
injection operation; and
(3)
The owner or operator shall monitor the materials for loss of mass, thickness,
cracking, pitting and other signs of corrosion on a quarterly basis to ensure
that the well components meet the minimum standards for material strength
and performance set forth in §331.62(1) of this title (relating to Construction
Standards).
(4)
[(2)]
Corrosion monitoring
may be waived by the executive director if the injection well owner or operator
satisfactorily demonstrates,
before
[prior
to] authorization to conduct injection operations, that the waste streams
will not be corrosive to the well materials with which the waste is expected
to come into contact throughout the life of the well. The demonstration shall
include a description of the methodology used to make that determination.
(g)
Ambient monitoring.
(1)
Based on a site-specific assessment of the potential for
fluid movement from the well or injection zone and on the potential value
of monitoring wells to detect
fluid
[such]
movement, the executive director shall require the owner or operator to develop
a monitoring program.
When prescribing a monitoring
system, the executive director may also require:
(A)
Continuous
monitoring for pressure changes in the first aquifer overlying the confining
zone. When a monitor well is installed, the owner or operator shall, on a
quarterly basis, sample the aquifer and analyze for constituents specified
by the executive director;
(B)
the
use of indirect, geophysical techniques to determine the position of the
waste front, the water quality in a formation designated by the executive
director, or to provide other site specific data;
(C)
periodic
monitoring of the ground water quality in the first aquifer overlying the
injection zone;
(D)
periodic
monitoring of the ground water quality in the lowermost USDW; and
(E)
any
additional monitoring necessary to determine whether fluids are moving into
or between USDWs.
(2)
The
[At a minimum,
the executive director shall require monitoring of the] pressure buildup
in the injection zone
shall be monitored
annually,
including at a minimum, a shut down of the well for a time sufficient to
conduct a valid observation of the pressure fall-off curve.
(h)
(No change.)
(i)
The
owner or operator shall submit information demonstrating to the satisfaction
of the executive director that the waste stream and its anticipated reaction
products will not alter the permeability, thickness, or other relevant characteristics
of the confining or injection zones such that they would no longer meet the
requirements specified in §331.121(c) of this title (relating to Class
I Wells).
§331.65. Reporting Requirements.
(a)
Pre-operation reports. For new wells, including wells converting
to Class I status, the requirements are as follows.
(1)
Completion report. Within 90 days after the completion
or conversion of the well, the permittee shall submit a Completion Report
to the executive director. The report shall include a surveyor's plat showing
the exact location and giving the latitude and longitude of the well. The
report
shall
[will] also include a certification
that a notation on the deed to the facility property or on some other instrument
which is normally examined during title search has been made stating the
surveyed location of the well, the well permit number, and its permitted
waste streams. The permittee shall also include in the report the following,
prepared and sealed by a professional engineer with current registration
(A)-(K)
(No change.)
(L)
compliance with the casing and cementing performance standard
in
§331.62(5)
[§331.62(4)] of this
title
(relating to Construction Standards)
;
and
(M)
compliance with the cementing requirements in
§331.62(6)
[§331.62(5)] of this title.
(2)-(4)
(No change.)
(b)
Operating reports.
(1)
(No change.)
(2)
Injection operation monthly report. For commercial
facilities only
:
[.]
[(A)
The permittee shall submit to the commission within ten
days after the last day of each month a report describing chemical characteristics
of new waste streams received for injection. The report shall be on forms
provided by or acceptable to the commission.]
(A)
[(B)]
The permittee shall
submit within 30 days after the last day of each month a report to the commission
including the following information for wastes received and injected during
the month:
(i)
names and locations of the companies and plants generating
the wastes;
(ii)
chemical and physical characteristics and volume of waste
received from each company including pH;
(iii)
names of companies transporting the wastes; and
(iv)
a log of injection operations for each injection episode
including but not limited to time of injection, injection rate, injection
pressures, injection fluid volume, injection fluid pH, and injection fluid
density.
(B)
[(C)]
The permittee shall
submit to the commission within 20 days of the last day of each month a report
of injection operations on forms provided by the commission. These forms
(3)
Injection zone annual report. For all facilities,
the permittee shall submit annually with the December report of injection
operation an updated graphic or other acceptable report of the pressure effects
of the well upon its injection zone as required by §331.64(g) of this
title (relating to
Ambient Monitoring).
[Monitoring
Requirements).] To the extent
this
[such] information
is reasonably available, the report shall also include:
(A)
locations of newly constructed or newly discovered wells
(B)
a tabulation of data as required by §331.121(2)(B)
of this title (relating to Class I Wells) for
wells
[all such wells within 1/2 mile of the injection well and for all
other wells] within the area of review that penetrate the injection zone
or confining zone; [and]
(C)
the condition of the wells identified
in subparagraph (A) of this paragraph and their effect on the injection activities;
[for non-commercial facilities only, a current injection fluid analysis.]
(D)
the
protocol followed to identify, locate, and ascertain the condition of the
wells identified in subparagraph (A) of this paragraph;
(E)
a
corrective action plan for wells not adequately constructed, completed, or
plugged; and
(F)
for
non-commercial facilities only, a current injection fluid analysis.
(4)-(5)
(No change.)
(c)
Workover reports.
[(1)
Completed workover report.] Within 30 days after the completion
of the workover, a report shall be filed with the executive director including
the reason for well workover and the details of all work performed.
[(2)
Bottom hole pressure report. During major workovers,
the bottom hole pressure shall be determined either by direct measurement
by conventional techniques or by calculation using specific gravity of fluid
in the wellbore and the static fluid level.]
§331.66. Additional Requirements and Conditions.
(a)
A permit for a Class I well shall include expressly or
by reference the following conditions:
(1)-(4)
(No change.)
[(5)
The obligation to implement the closure plan and
the post-closure 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.]
(b)
(No change.)
§331.68. Post-Closure Care.
(a)
The owner or operator of a Class I hazardous well shall
prepare, maintain, and comply with a plan for post-closure care that meets
the requirements of subsection (b) of this section, and is acceptable to
the executive director.
The obligation to implement
the post-closure 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.
(1)-(2)
(No change.)
(3)
The plan shall assure financial responsibility as
required in §§331.141-331.147 of this title (relating to Financial
Responsibility). The owner or operator shall demonstrate and maintain financial
responsibility for post-closure 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 §§331.141-331.147 of
this title. The amount of the funds available shall be no less than the amount
identified in paragraph (4)(F) of this subsection.
The obligation to maintain financial responsibility for post-closure care
survives the termination of a permit or the cessation of injection.
(4)
(No change.)
(5)
At the request of the owner or operator, or on his
own initiative, the executive director may modify the post-closure plan after
submission of the plugging and abandonment report following the procedures
in [Chapter 305, Subchapter D] §305.72 of this title (relating to
(b)
The owner or operator shall:
(1)-(2)
(No change.)
(3)
submit a survey plat to the local zoning authority
designated by the executive director. The plat shall indicate the location
of the well relative to permanently surveyed benchmarks. A copy of the plat
shall be submitted to the Underground Injection Control (UIC)
program
[Unit]
at
[of] the Austin office
of the
commission
[Texas Water Commissions
(TWC)].
(4)-(5)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on January 8, 1997.
TRD-9700291
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 239-6087
Subchapter B. Jurisdiction Over In Situ Uranium Mining
Subchapter C. General Standards And Methods
Subchapter D. Standards For Class I Wells Other Than Salt Cavern Solid Waste Disposal Wells
Subchapter E. Standards for Class III Wells