Part 1.
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Chapter 305.
CONSOLIDATED PERMITS
Subchapter H. ADDITIONAL CONDITIONS FOR INJECTION WELL PERMITS
30 TAC §305.154, §305.157
The Texas Natural Resource Conservation Commission (TNRCC
or commission) proposes amendments to §305.154, Standards and §305.157,
Record Retention.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
The commission proposes amendments to include a minor clerical change for
SECTION BY SECTION DISCUSSION
Section 305.154(a)(7)(B), Standards, is proposed to be amended to delete
the acronym "USDWs" because the phrase "underground sources of drinking water"
is only used once in the section.
Section 305.157, Record Retention, is proposed to be amended to reduce
the record retention period from five to three years for consistency with
40 Code of Federal Regulations (CFR) §144.51(j)(2)(ii).
FISCAL NOTE
Jeff Horvath, Technical Specialist with Strategic Planning and Appropriations,
determined that for the first five-year period the proposed amendments are
in effect, there will be no significant fiscal implications for units of state
and local government as a result of administration or enforcement of the proposed
amendments to Chapter 305, Subchapter H. The proposed amendments eliminate
an unnecessary acronym and increase compatibility with the federal rule by
reducing the record retention period from five years to three years.
PUBLIC BENEFIT AND COSTS
Mr. Horvath has also determined that for each year of the first five years
the proposed amendments to Chapter 305 are in effect, the public benefit anticipated
from enforcement of and compliance with the proposed amendments will be that
the regulatory requirements will be reduced and will be easier to read.
There are no economic costs anticipated to any person required to comply
with the proposed amendments to Chapter 305 because the primary proposed amendment
reduces a regulatory requirement and therefore the cost associated with complying
with that requirement is also reduced. It is anticipated that the proposed
reduction in the record retention requirement will have a minor positive fiscal
impact on current and future owners and operators of underground injection
wells.
SMALL AND MICRO-BUSINESS ANALYSES
No adverse economic effects are anticipated to any small businesses or
micro-businesses as a result of implementing the proposed amendments because
the proposed amendments reduce the record retention requirement and make the
rule easier to read. In addition, the proposed amendments do not add any costs
for small businesses or micro-businesses in order to comply with the regulatory
requirements. It is anticipated that there will be minor cost savings as a
result of reducing the record retention requirement.
DRAFT REGULATORY IMPACT ANALYSIS
The commission reviewed the proposed rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and determined
that the rulemaking is not subject to §2001.0225 because it does not
meet the definition of a "major environmental rule" as defined in that statute.
"Major environmental rule" means a rule the specific intent of which is to
protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment, or the public
health and safety of the state or a sector of the state. The proposed amendments
to Chapter 305 will not adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the environment, or
the public health and safety of the state or a sector of the state because
the proposed amendments reduce a current record retention requirement and
make the rule easier to read. These changes are anticipated to have a minor
positive economic benefit to affected facilities. In addition, the proposed
amendments are not a "major environmental rule" because they do not meet the
applicability requirements listed in Texas Government Code, §2001.0225(a)(1)
- (4). The proposed amendments do not exceed a standard set by federal law,
exceed an express requirement of state law, nor exceed a requirement of a
delegation agreement.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment for these rules
pursuant to Texas Government Code, §2007.043. The following is a summary
of that assessment. The specific purpose of the rulemaking is to correct and
decrease the record retention period from five years to three years in Chapter
305, Subchapter H to be consistent with 40 CFR §144.51(j)(2)(ii). Promulgation
and enforcement of these rules will not burden private real property which
is the subject of the rules because the amendments eliminate an unnecessary
acronym and increase compatibility with the federal rule by reducing the record
retention period. Thus, the amendments will not make the rule more stringent.
As well, the Texas Government Code exception at §2007.003(b) regarding
an action reasonably taken to fulfill an obligation mandated by federal law
applies to this rulemaking.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission has reviewed the proposed rulemaking and found that Chapter
305 is identified in 30 TAC §281.48, Appendix E, as a rule which relates
to actions subject to the Texas Coastal Management Program (CMP) and will,
therefore, require that applicable goals and policies of the CMP be considered
during the rulemaking process. However, the proposed amendments to Chapter
305 will not have direct or significant adverse effect on any Coastal Natural
Resource Areas (CNRAs), nor will the rulemaking have a substantive effect
on commission actions subject to the CMP because the proposed rule amendments
merely update, correct, and clarify Chapter 305, and increase compatibility
with the federal rules.
The commission has prepared a consistency determination for the proposed
rules pursuant to 31 TAC §505.22 and has found the proposed rulemaking
is consistent with the applicable CMP goals and policies. The following is
a summary of that determination. CMP goals applicable to the proposed rule
include to protect, preserve, restore, and enhance the diversity, quality,
functions, and values of CNRAs because §305.154, Standards, sets forth
the additional conditions for injection well permits and §305.157 pertains
to record retention. However, in §305.154, the proposed amendment merely
deletes the use of an acronym. The proposed amendment in §305.157 merely
makes commission rules consistent with federal regulations by modifying the
record retention requirement from five to three years. Chapter 305 is subject
to the CMP; however, the proposed amendments to Chapter 305 will not have
direct or significant adverse effect on any CNRAs, nor will the rulemaking
have a substantive effect on commission actions subject to the CMP because
the proposed rule amendments merely update, correct, and clarify Chapter 305,
and increases compatibility with the federal rules.
The commission seeks public comment on the consistency of the proposed
rule amendments.
SUBMITTAL OF COMMENTS
Comments may be submitted to Angela Slupe, Office of Environmental Policy,
Analysis, and Assessment, MC205, P.O. Box 13087, Austin, Texas 78711-3087;
or by fax at (512) 239-4808. All comments must be received by 5:00 p.m. on
August 14, 2000, and should reference Rule Log No. 1999-025-331-WS. For further
information, please contact David Williams at (512) 239-0339 or Devane Clarke
at (512) 239-5604.
STATUTORY AUTHORITY
The amended sections are proposed under Texas Water Code (TWC), §5.103,
which provides the commission authority to adopt any rules necessary to carry
out its powers and duties under this code and other laws of this state and
to adopt rules repealing any statement of general applicability that interprets
law or policy; §5.105 which authorizes the commission to establish and
approve all general policy of the commission by rule; and §27.019, which
requires the commission to adopt rules reasonably required for the regulation
of injection wells.
The proposed amended sections implement TWC, Chapter 27, Injection Wells.
§305.154.Standards.
(a)
In addition to other standard permit conditions listed
elsewhere in this chapter, the following conditions and other applicable standards
listed in Chapter 331 of this title (relating to Underground Injection Control)
shall be incorporated into each permit expressly or by reference to this chapter.
The commission may impose stricter standards where appropriate.
(1)-(6)
(No change.)
(7)
Closure. The permittee shall notify the executive director
and obtain approval before plugging an injection well. After failing to operate
for a period of two years, the owner or operator shall close the well in accordance
with an approved plan unless:
(A)
(No change.)
(B)
actions and procedures are described, satisfactory to the
executive director, that the owner or operator will take to ensure that the
well will not endanger underground sources of drinking water [
(8)-(11)
(No change.)
(b)
(No change.)
§305.157.Record Retention.
The permittee shall retain all records concerning the nature and composition
of injected fluids until
three
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on June 30, 2000.
TRD-200004564
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: August 13, 2000
For further information, please call: (512) 239-4712
The Texas Natural Resource Conservation Commission (TNRCC or commission)
proposes amendments to §331.1, Purpose, Scope and Applicability; §331.2,
Definitions; §331.3, Injection Prohibited; §331.4, Mechanical Integrity
Required; §331.11, Classification of Injection Wells; §331.12, Conversion
of Wells, §331.13, Exempted Aquifer; §331.16, Memorandum of Understanding
Between the Texas Department of Health and the Texas Natural Resource Conservation
Commission Regarding Radiation Control Functions; §331.42, Area of Review; §331.44,
Corrective Action Standards; §331.46, Closure Standards; §331.62,
Construction Standards; §331.66, Additional Requirements and Conditions; §331.67,
Recordkeeping Requirements; §331.68, Post-Closure Care; §331.82,
Construction Requirements; §331.105, Monitoring Standards; §331.106,
Remedial Action for Excursion; §331.107, Restoration; §331.121,
Class I Wells; §331.161, Applicability; §331.163, Well Construction
Standards; §331.164, Cavern Construction Standards; §331.165, Waste
Disposal Operating Requirements; §331.166, Monitoring and Testing Requirements; §331.167,
Reporting Requirements; §331.169, Record-Keeping Requirements; §331.171,
Post-Closure Care; §331.182, Area of Review; and §331.183, Construction
and Closure Standards.
The commission also proposes a review and readoption of Chapter 331 in
accordance with Texas Government Code, §2001.039; and the General Appropriations
Act, Article IX, §9-10.13, 76th Legislature, 1999, which require state
agencies to review and consider for readoption each of their rules every four
years.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
In accordance with the commission's ongoing regulatory reform initiative,
amendments are proposed to update and clarify Chapter 331, Underground Injection
Control. The rulemaking also increases compatibility with federal rules. This
rulemaking also constitutes the commission's review and readoption of Chapter
331 in accordance with Texas Government Code, §2001.039; and the General
Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999, which
require state agencies to review and consider for readoption each of their
rules every four years.
SECTION BY SECTION DISCUSSION
Subchapter A: General Provisions
Section 331.1, Purpose, Scope, and Applicability, is proposed to be amended
for consistency with the federal rule, 40 Code of Federal Regulations (CFR)
Part 148, Hazardous Waste Injection Restrictions.
Section 331.2, Definitions, is proposed to be numbered in accordance with
the requirements of the
Texas Register
and
to be amended to improve grammar, readability, punctuation, alphabetical organization,
and
Texas Register
formatting of the definitions
of the following terms: abandoned well, activity, aquifer restoration, aquifer
storage well, area permit, artificial liner, commercial facility, commercial
UIC Class I well facility, cone of influence, existing injection well, formation,
fresh water, liner, long string casing or production casing, lost circulation
zone, non-commercial facility, non-commercial UIC Class I well facility, non-commercial
well, and pre-injection facilities, restored aquifer, underground source of
drinking water (USDW), verifying analysis, well, and well stimulation. The
definition of "Caprock" is proposed to be amended to insert "calcite" in place
of "calcium carbonate" and to insert "anhydrite" in place of "anhyride" for
more precise geological terminology. The definition of "Casing" is proposed
for inclusion in this definitions section. The definition of "Hazardous waste"
is proposed to be amended to reference Chapter 335. The definition of "Hazardous
industrial waste" is proposed to be deleted because this term is not used
in the chapter. The definition of "Production area authorization" is proposed
to be updated to delete the previous agency name. The definitions of "RCRA"
and "SDWA" are proposed to be deleted because the terms are defined in Chapter
3. The definition of "Radioactive material" is proposed to be deleted because
this term is not used in the chapter. The definition of "Radioactive waste"
is proposed to be amended for consistency with the federal definition in 40
CFR §144.3. The definition of "Total dissolved solids" is proposed to
be amended to provide the full federal rule citation.
Section 331.3, Injection Prohibited, is proposed to be amended to correct
a cross reference to Chapter 335, Subchapter F and to correct a grammatical
error.
Section 331.4, Mechanical Integrity Required, is proposed to be amended
to implement the regulatory reform initiative.
Section 331.11, Classification of Injection Wells, is proposed to be amended
to improve the clarity of subsection (a)(2). Also, a new subsection (c) is
proposed to clarify that monitoring wells and baseline wells which are associated
with Class III injection wells, are subject to the rule requirements in this
chapter, including construction and completion requirements.
Section 331.12, Conversion of Wells, is proposed to be amended to correct
the title of the cross reference to §305.66.
Section 331.13, Exempted Aquifer, is proposed to be amended to delete unnecessary
words in subsection (b).
Section 331.16, Memorandum of Understanding Between the Texas Department
of Health and the Texas Natural Resource Conservation Commission Regarding
Radiation Control Functions, is proposed to be amended to insert the effective
date of the memorandum.
Subchapter C: General Standards and Methods
Section 331.42, Area of Review, is proposed to be amended to correct the
symbol for the constant "pi" in the Theis equation. In two places, the paragraph
mark will be replaced with the symbol for pi.
Section 331.44, Corrective Action Standards, is proposed to be amended
to delete the acronym "USDWs" and to conform with
Texas Register
formatting requirements.
Section 331.46, Closure Standards, is proposed to be amended to correct
a typographical error in subsection (b)(2).
Subchapter D: Standards for Class I Wells Other Than Salt Cavern Solid
Waste Disposal Wells Section 331.62, Construction Standards, is proposed to
be amended to correctly use an acronym for underground source of drinking
water and to make a grammatical correction.
Section 331.66(a)(4), Additional Requirements and Conditions, is proposed
to be amended to delete unnecessary words.
Section 331.67(c), Recordkeeping Requirements, is proposed to be amended
to reduce the record retention period from five years to three years for consistency
with 40 CFR §144.51(j)(2)(ii). The language of §331.67(c) is also
proposed to be amended for greater consistency with the corresponding federal
requirement.
Section 331.68, Post-Closure Care, is proposed to be amended for consistency
with 40 CFR §146.72(b)(5). Additional modifications are proposed to simplify
the language and to delete a reference for consistency with
Texas Register
format requirements.
Subchapter E: Standards for Class III Wells
Section 331.82(a) and (c), Construction Requirements, is proposed to be
amended to clarify existing commission rules on construction requirements
for new and existing Class III wells, baseline wells, and monitor wells. In
subsection (a), the acronym for underground sources of drinking water is proposed
to be spelled out on its first usage in the section. The proposed amendments
also implement an environmental protection requirement to prevent contamination
of groundwater from wells not cemented to the surface or from uncapped wells
in areas where there is the potential for contamination of groundwater. Examples
of areas where there is the potential for contamination or foreign matter
to enter the groundwater through an inadequately cemented or uncapped well
include crop lands where pesticides, herbicides, or fertilizers are used.
Also, "monitoring" is proposed to be changed to "monitor" in subsections (g),
(h), and (i) for greater consistency with the definition of "monitor well."
Subchapter F: Standards for Class III Well Production Area Development
Section 331.105, Monitoring Standards, is proposed to be amended to correct
a punctuation error and update the "Texas Water Commission" reference to "commission."
Section 331.106(1), Remedial Action for Excursion, is proposed to be amended
to update the name "district" office to "commission regional" office and to
delete an obsolete specific address. This section is also proposed to be amended
to improve grammar and to clarify the notice requirement.
Section 331.107, Restoration, is proposed to be amended to update the term
"Texas Water Commission district office" to "commission regional office" in
subsection (b). Also, subsection (e) is proposed to be amended to delete the
unnecessary words.
Subchapter G: Consideration Prior to Permit Issuance
Section 331.121(a)(2), Class I Wells, is proposed to be amended to correct
a cross-reference to §305.45(a)(8). Also, subsection (b), is proposed
to be amended to correct a typographical error and to correct a cross reference
to §281.21(d). Finally, subsection (f) is proposed to be amended to improve
the readability and to substitute the term "RCRA" for "Resource Conservation
and Recovery Act" because the term is defined in Chapter 3 of the commission's
rules.
Subchapter J: Standards for Class I Salt Cavern Solid Waste Disposal Wells
Section 331.161, Applicability, is proposed to be amended to correct the
cross-reference to §331.14.
Section 331.163, Construction Standards, is proposed to be amended to correct
cross-references. In addition, the section is proposed to be amended for clarification
and to include provisions for photography and retention of full-hole, continuous
cores. These provisions are necessary so that a permanent record of the cores
will be maintained and made available for review by members of the public.
Section 331.164, Cavern Construction Standards, is proposed to be amended
to correct a typographical error and a cross-reference to §331.45(2).
Section 331.165(a)(4), Waste Disposal Operating Requirements, is proposed
to be amended to correct the cross-reference to §331.162.
Section 331.166, Monitoring and Testing Requirements, is proposed to be
amended to correct punctuation errors and to ensure consistency with the defined
term "monitor well."
Section 331.167, Reporting Requirements, is proposed to be amended to correct
cross-references to §§331.45(2), 331.163, 331.164, and 331.166(h).
The section is also proposed to be amended to correct grammatical and typographical
errors.
Section 331.169, Record-Keeping Requirements, is proposed to be amended
to change the five-year record retention period to three years. This amendment
will make the requirement consistent with federal rules.
Section 331.171 is proposed to be amended to change the five-year record
retention period to three years. This amendment will make the requirement
consistent with federal rules.
Subchapter K: Additional Requirements for Class V Aquifer Storage Wells
Section 331.182(1), Area of Review, is proposed to be amended to change
"TNRCC" to "commission" in two places in accordance with current regulatory
reform initiative and to correct the agency name of the Railroad Commission
of Texas.
Section 331.183, Construction and Closure Standards, is proposed to be
amended to correct a punctuation error.
Concurrently, the commission proposes the review of 30 TAC Chapter 331,
in accordance with Texas Government Code, §2001.039, and is publishing
the proposed notice of review in the Rule Review section of this issue of
the
Texas Register
.
FISCAL NOTE
Jeff Horvath, Technical Specialist with Strategic Planning and Appropriations,
has determined that for the first five-year period the proposed amendments
are in effect, there will be no significant fiscal implications for units
of state and local government as a result of administration or enforcement
of the proposed amendments to Chapter 331, Underground Injection Control.
The proposed amendments are intended to make these rules easier to read and
understand and do not add or make requirements more stringent than currently
existing rules. In addition, the proposed amendments are intended to provide
clarification to existing rules, to make rule requirements consistent with
current practice, to make technical corrections to definitions, to correct
typographical errors, and to make the rules consistent with federal regulations.
In general, most changes involve editorial changes, reordering requirements
into a new sequence, and correcting cross-references. Also, records retention
requirements have been reduced from five years to three years to be consistent
with federal requirements.
PUBLIC BENEFIT AND COSTS
Mr. Horvath has also determined that for each year of the first five years
the proposed amendments to Chapter 331 are in effect, the public benefit anticipated
from enforcement of and compliance with the proposed amendments will be reduced
regulatory requirements, enhanced clarity in, and compliance with, general
commission processes and enhanced understanding by making the rules consistent
with current rule writing guidelines and federal requirements. These benefits
are anticipated to assist the public and the regulated community in their
understanding of and compliance with the regulations.
There are no economic costs anticipated to any person required to comply
with the proposed amendments to Chapter 331 because the proposed amendments
reduce regulatory requirements and the costs associated with complying with
those requirements. In addition, the proposed amendments do not impose any
new regulatory costs to comply with the proposed requirements. It is anticipated
that the proposed reduction in records retention requirements will have a
minor positive fiscal impact on current and future owners and operators of
underground injection wells.
SMALL BUSINESS ANALYSIS AND MICRO-BUSINESS ANALYSES
No adverse economic effects are anticipated to any small businesses or
micro-businesses as a result of implementing the proposed amendments because
the proposed amendments reduce records retention requirements, make current
rules consistent with federal requirements, and make current requirements
easier to understand. It is anticipated that there will be minor cost savings
as a result of reducing records retention requirements.
DRAFT REGULATORY IMPACT ANALYSIS
The commission has reviewed the proposed rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and has determined
that the rulemaking is not subject to §2001.0225 because it does not
meet the definition of a "major environmental rule" as defined in that statute.
"Major environmental rule" means a rule the specific intent of which is to
protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment, or the public
health and safety of the state or a sector of the state. The proposed amendments
to Chapter 331 do not adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment, or the public
health and safety of the state or a sector of the state because the proposed
amendments clarify or reduce current regulatory requirements. These changes
are anticipated to have minor positive economic benefits to affected facilities
and will have no negative impacts on the environment or public health and
safety. The proposed amendments do not add any additional costs to comply
with the proposed regulatory requirements. In addition, the proposed amendments
are not a "major environmental rule" because they do not meet the applicability
requirements listed in Texas Government Code, §2001.0225(a)(1)-(4). The
proposed amendments do not exceed a standard set by federal law, exceed an
express requirement of state law, nor exceed a requirement of a delegation
agreement.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment for these rules
pursuant to Texas Government Code, §2007.043. The following is a summary
of that assessment. The purpose of the rulemaking is to update and clarify
Chapter 331. This rulemaking also improves consistency with federal rules.
The rule amendments reduce the record retention period from five years to
three years for consistency with federal rules. Promulgation and enforcement
of these rules will not burden private real property which is the subject
of the rules because the proposed amendments update and clarify rule requirements.
Also, the Texas Government Code, exception at §2007.003(b) regarding
an action reasonably taken to fulfill an obligation mandated by federal law
applies to this rulemaking.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has reviewed the proposed rulemaking and found that the
rule is not specifically identified in Coastal Coordination Act Implementation
Rules, 31 TAC §505.11, nor will it affect any action/authorization identified
in 31 TAC §505.11. Therefore, the proposal is not subject to the Texas
Coastal Management Program (CMP).
The commission seeks public comment on the applicability of the CMP to
the proposed rule amendments.
SUBMITTAL OF COMMENTS
Comments may be submitted to Angela Slupe, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087;
or by fax at (512) 239-4808. All comments must be received by 5:00 p.m. on
August 14, 2000 and should reference Rule Log Number 1999-025-331-WS. For
further information, please contact David Williams at (512) 239-0339 or Devane
Clarke at (512) 239-5604.
Subchapter A. GENERAL PROVISIONS
30 TAC §§331.1-331.4, 331.11-331.13, 331.16
STATUTORY AUTHORITY
The amended sections are proposed under Texas Water Code (TWC), §5.103,
which provides the commission authority to adopt any rules necessary to carry
out its powers and duties under this code and other laws of this state and
to adopt rules repealing any statement of general applicability that interprets
law or policy; §5.105 which authorizes the commission to establish and
approve all general policy of the commission by rule; and §27.019, which
requires the commission to adopt rules reasonably required for the regulation
of injection wells.
The proposed amended sections implement TWC, Chapter 27, Injection Wells.
§331.1.Purpose, Scope and Applicability.
(a)-(b)
(No change.)
(c)
Exemptions from the prohibition
of injection of hazardous waste authorized by 40 Code of Federal Regulations
Part 148 are not within the scope of the commission's jurisdiction.
§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.
(1)
Abandoned well--A well
which
[
(2)
Activity--The construction or operation of an injection
well or of pre-injection facilities,
including the
[
(3)-(6)
(No change.)
(7)
Aquifer restoration--The process
used to achieve or
exceed
[
(8)
Aquifer
storage well
[
(9)-(14)
(No change.)
(15)
Caprock--A geologic formation typically overlying the
crest and sides of a salt stock. The caprock consists of a complex assemblage
of minerals including
calcite
[
(16)
(No Change.)
(17)
Casing--Material lining used to seal
off strata at and below the earth's surface.
(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
Cone of influence--The potentiometric
surface area around the injection well within which increased injection zone
pressures caused by injection of wastes would be sufficient to drive fluids
into an underground source of drinking water (USDW) or freshwater aquifer.
(25)
[
[(24)
Cone of influence--Is the potentiometric
surface area around the injection well within which increased injection zone
pressures caused by injection of wastes would be sufficient to drive fluids
into a USDW or freshwater aquifer.]
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
[
(35)
[
(36)
[
(A)
For the purposes of this subchapter, it will be presumed
that water is suitable and feasible for beneficial use for any lawful purpose
only if:
(i)
it is used as drinking water for human consumption; or
(ii)
the ground water contains fewer than 10,000 mg/l total
dissolved solids; and
(iii)
it is not an exempted aquifer.
(B)
This presumption may be rebutted upon a showing by the
executive director or an affected person that water containing greater than
or equal to 10,000 mg/l total dissolved solids can be put to a beneficial
use.
(37)
[
(38)
Hazardous waste--Hazardous waste as defined
in §335.1 of this title.
[(37)
Hazardous industrial waste--Any industrial
solid waste or combination of industrial solid wastes identified or listed
as a hazardous waste by the administrator of the United States Environmental
Protection Agency pursuant to the Resource Conservation and Recovery Act of
1976, §3001. The administrator has identified the characteristics of
hazardous wastes and listed certain wastes as hazardous in 40 of the Code
of Federal Regulations, Part 261. The executive director will maintain in
the offices of the commission a current list of hazardous wastes, a current
set of characteristics of hazardous waste, and applicable appendices, as promulgated
by the administrator.]
(39)
[
(40)
[
(41)
[
(42)
[
(43)
[
(44)
[
(45)
[
(46)
[
(47)
[
(48)
[
(49)
[
(50)
[
(A)
Designated monitor wells are those listed in the production
area authorization for which routine water quality sampling is required.
(B)
Secondary monitor wells are those wells in addition to
designated monitor wells, used to delineate the horizontal and vertical extent
of mining solutions.
(C)
Pond monitor wells are wells used in the subsurface surveillance
system near ponds or other surface facilities.
(51)
[
(52)
[
(53)
[
(54)
[
(55)
[
(56)
[
(57)
[
(58)
[
(59)
[
(60)
[
(61)
[
(A)
that makes it harmful, detrimental or injurious:
(i)
to humans, animal life, vegetation, or property; or
(ii)
to public health, safety, or welfare; or,
(B)
that impairs the usefulness or the public enjoyment of
the water for any lawful and reasonable purpose.
(62)
[
(63)
[
(64)
[
(65)
[
[(65)
Radioactive material--A material which
is identified as a radioactive material under Texas Civil Statutes, Article
4590f, or the rules adopted by the Texas Board of Health pursuant thereto.]
(66)
Radioactive waste--
Any waste which contains radioactive
material in concentrations which exceed those listed in 10 Code of Federal
Regulations (CFR) Part 20, Appendix B, Table II, Column 2 and as amended
[
[(67)
RCRA--The Solid Waste Disposal Act as
amended by the Resource Conservation and Recovery Act of 1976 (Public Law
94-580, as amended by Public Law 95-609, Public Law 96-510, 42 USC 6901 et
seq.).]
(67)
[
(68)
[
(69)
[
(70)
[
(71)
[
(72)
[
(73)
[
(A)
to solution mine a waste storage or disposal cavern in
naturally occurring salt; and/or
(B)
to inject hazardous, industrial, or municipal waste into
a salt cavern for the purpose of storage or disposal of the waste.
(74)
[
(75)
[
[(77)
SDWA--The Safe Drinking Water Act (Public
Law 93-523, as amended; 42 USC 300f et seq.).]
(76)
[
(77)
[
(78)
[
(79)
[
(80)
[
(81)
[
(82)
[
(A)
which supplies drinking water for human consumption; or
(B)
in which the
groundwater
[
(C)
which is not an exempted aquifer.
(83)
[
(84)
[
(85)
[
(86)
[
(87)
[
(88)
[
§331.3.Injection Prohibited.
(a)
Unless excluded under subsection (b) of this section, the
construction of an injection well, the conversion of a well into an injection
well, and the use or operation of an injection well is prohibited unless authorized
by an injection well permit, order, or rule of the commission. A
RCRA
[
(b)-(c)
(No change.)
§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 §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. When the executive director determines that a Class
I or III well lacks mechanical integrity,
the executive director
[
§331.11.Classification of Injection Wells.
(a)
Injection wells within the jurisdiction of the commission
are classified as follows.
(1)
(No change.)
(2)
Class III. Wells which
are used for the
[
(A)-(B)
(No change.)
(3)-(4)
(No change.)
(b)
(No change.)
(c)
Baseline wells and monitor wells associated
with Class III injection wells within the jurisdiction of the commission are
also subject to the rules specified in this chapter.
§331.12.Conversion of Wells.
(a)
Persons utilizing wells authorized by permit, rule, or
otherwise, who wish to convert the well from its authorized purpose to a new
or additional purpose must first obtain the appropriate approval described
in paragraphs (1)-(3) of this section:
(1)
Persons utilizing injection wells authorized by permit
must obtain either a permit amendment pursuant to §305.62 of this title
(relating to Amendment), or if appropriate, a permit revocation pursuant to §305.66
of this title (relating to
Permit Denial, Suspension, and Revocation
[
(2)-(3)
(No change.)
(b)
(No change.)
§331.13.Exempted Aquifer.
(a)
(No change.)
(b)
Except for injection authorized by rule, the commission
may require a permit for injection into an exempted aquifer [
(c)-(f)
(No change.)
§331.16.Memorandum of Understanding Between the Texas Department of Health and the Texas Natural Resource Conservation Commission Regarding Radiation Control Functions.
The Memorandum of Understanding between the Texas Department of Health
and the Texas Natural Resource Conservation Commission Regarding Radiation
Control Functions
, effective November 30, 1998,
is adopted by reference
in §7.118 of this title (relating to Memorandum of Understanding between
the Texas Department of Health and the Texas Natural Resource Conservation
Commission Regarding Radiation Control Functions). However, the full text
of the memorandum of understanding can be found only in Texas Department of
Health rule 25 TAC §289.101 (
relating to
Memorandum of Understanding
between the Texas Department of Health and the Texas Natural Resource Conservation
Commission Regarding Radiation Control Functions). If a copy of this document
is required and cannot be obtained from the Internet, a copy can be requested
from the Texas Natural Resource Conservation Commission, Chief Clerk's Office,
P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-3300.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on June 30, 2000.
TRD-200004556
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: August 13, 2000
For further information, please call: (512) 239-4712
30 TAC §§331.42, 331.44, 331.46
STATUTORY AUTHORITY
The amended sections are proposed under TWC, §5.103, which provides
the commission authority to adopt any rules necessary to carry out its powers
and duties under this code and other laws of this state and to adopt rules
repealing any statement of general applicability that interprets law or policy; §5.105
which authorizes the commission to establish and approve all general policy
of the commission by rule; and §27.019, which requires the commission
to adopt rules reasonably required for the regulation of injection wells.
The proposed amended sections implement TWC, Chapter 27, Injection Wells.
§331.42.Area of Review.
(a)-(b)
(No change.)
(c)
The computation of the cone of influence may be based upon
the parameters listed
in the figure in this subsection
[
Figure: 30 TAC §331.42(c) (No change.)
(d)-(e)
(No change.)
§331.44.Corrective Action Standards.
(a)
(No change.)
(b)
Additional corrective action standards for Class I wells.
(1)
(No change.)
(2)
The criteria of
subsection (a) of this section
[
(3)-(7)
(No change.)
§331.46.Closure Standards.
(a)
(No change.)
(b)
For all Class I wells, including salt cavern disposal wells,
prior to well closure
,
appropriate mechanical integrity testing
shall be conducted to ensure the integrity of that portion of the long string
casing and cement that will be left in the ground after closure. Testing methods
may include:
(1)-(4)
(No change.)
(c)-(p)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on June 30, 2000.
TRD-200004557
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: August 13, 2000
For further information, please call: (512) 239-4712
30 TAC §§331.62, 331.66-331.68
STATUTORY AUTHORITY
The amended sections are proposed under TWC, §5.103, which provides
the commission authority to adopt any rules necessary to carry out its powers
and duties under this code and other laws of this state and to adopt rules
repealing any statement of general applicability that interprets law or policy; §5.105
which authorizes the commission to establish and approve all general policy
of the commission by rule; and §27.019, which requires the commission
to adopt rules reasonably required for the regulation of injection wells.
The proposed amended sections implement TWC, Chapter 27, Injection Wells.
§331.62.Construction Standards.
All Class I wells shall be designed, constructed
,
and completed
to prevent the movement of fluids that could result in the pollution of an
underground source of drinking water
(USDW)
.
(1)
Design criteria. Casing and cement used in the construction
of each newly drilled well shall be designed for the life expectancy of the
well, including the post closure care period. The well shall be designed and
constructed to prevent potential leaks from the well,
to
prevent
the movement of fluids along the wellbore into or between
USDWs
[
(A)-(B)
(No change.)
(2)-(10)
(No change.)
§331.66.Additional Requirements and Conditions.
(a)
A permit for a Class I well shall include expressly or
by reference the following conditions.
(1)-(3)
(No change.)
(4)
The commission may prescribe additional requirements for
Class I wells [
(b)
(No change.)
§331.67.Recordkeeping Requirements.
(a)-(b)
(No change.)
(c)
The permittee shall retain, for a period of
three
[
§331.68.Post-Closure Care.
(a)
(No change.)
(b)
The owner or operator shall:
(1)
continue and complete any corrective action required under §331.44
of this title [
(2)-(4)
(No change.)
(5)
Retain, for a period of
three
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on June 30, 2000.
TRD-200004558
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: August 13, 2000
For further information, please call: (512) 239-4712
30 TAC §331.82
STATUTORY AUTHORITY
The amended section is proposed under TWC, §5.103, which provides
the commission authority to adopt any rules necessary to carry out its powers
and duties under this code and other laws of this state and to adopt rules
repealing any statement of general applicability that interprets law or policy; §5.105
which authorizes the commission to establish and approve all general policy
of the commission by rule; and §27.019, which requires the commission
to adopt rules reasonably required for the regulation of injection wells.
The proposed amended section implements TWC, Chapter 27, Injection Wells.
§331.82.Construction Requirements.
(a)
Casing and cementing. All new Class III wells
, baseline
wells, and monitor wells associated with the mining operations
shall
be cased
, cemented to the surface, and capped
[
(1)-(7)
(No change.)
(b)
(No change.)
(c)
Logs and tests. Appropriate logs and other tests shall
be conducted during the drilling and construction of all new Class III wells
and after an existing well has been repaired
. A descriptive report interpreting
the results of those logs and tests shall be prepared by a knowledgeable log
analyst and submitted to the executive director. The logs and tests appropriate
to each type of Class III well shall be determined 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.
(1)-(3)
(No change.)
(d)-(f)
(No change.)
(g)
Monitor well location. Where injection is into a formation
which contains water with less than 10,000 mg/l TDS,
monitor
[
(h)
Subsidence or catastrophic collapse. Where the injection
wells penetrate a USDW in an area subject to subsidence or catastrophic collapse
an adequate number of
monitor
[
(i)
Monitor well criteria. In determining the number, location,
construction, and frequency of monitoring of the
monitor
[
(1)-(6)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on June 30, 2000.
TRD-200004559
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: August 13, 2000
For further information, please call: (512) 239-4712
30 TAC §§331.105-331.107
STATUTORY AUTHORITY
The amended sections are proposed under TWC, §5.103, which provides
the commission authority to adopt any rules necessary to carry out its powers
and duties under this code and other laws of this state and to adopt rules
repealing any statement of general applicability that interprets law or policy; §5.105
which authorizes the commission to establish and approve all general policy
of the commission by rule; and §27.019, which requires the commission
to adopt rules reasonably required for the regulation of injection wells.
The proposed amended sections implement TWC, Chapter 27, Injection Wells.
§331.105.Monitoring Standards.
The following shall be accomplished to detect mining solutions in designated
monitor wells
:
[
(1)
Routine sampling. Water samples shall be taken at least
twice a month at two-week intervals from all monitor wells for permit/production
area(s) in which mining solutions have been introduced. These shall be analyzed
for the control parameters by the second working day and reported as required
in §331.85(e) of this title (relating to Reporting Requirements). The
determined values shall be entered on appropriate forms within three working
days after analysis. These data shall be kept readily available on site for
review by
commission
[
(2)-(4)
(No change.)
§331.106.Remedial Action for Excursion.
If the verifying analysis indicates that mining solutions are present
in a designated monitor well, the operator shall take the following actions:
(1)
notification--notify the
commission regional
[
(2)
(No change.)
§331.107.Restoration.
(a)
(No change.)
(b)
Mining completion. When the mining of a permit or production
area is completed, the permittee shall notify the appropriate
commission
regional
[
(c)-(d)
(No change.)
(e)
Stability sampling. The permittee shall obtain stability
samples and complete an analysis for certain parameters listed in the restoration
table from all production area baseline wells. Stability samples shall be
conducted at a minimum of 30-day intervals for a minimum of three sample sets
and reported to the executive director. The permittee shall notify the executive
director at least two weeks in advance of sample dates [
(f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on June 30, 2000.
TRD-200004560
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: August 13, 2000
For further information, please call: (512) 239-4712
30 TAC §331.121
STATUTORY AUTHORITY
The amended section is proposed under TWC, §5.103, which provides
the commission authority to adopt any rules necessary to carry out its powers
and duties under this code and other laws of this state and to adopt rules
repealing any statement of general applicability that interprets law or policy; §5.105
which authorizes the commission to establish and approve all general policy
of the commission by rule; and §27.019, which requires the commission
to adopt rules reasonably required for the regulation of injection wells.
The proposed amended section implements TWC, Chapter 27, Injection Wells.
§331.121.Class I Wells.
(a)
The commission shall consider the following before issuing
a Class I Injection Well Permit:
(1)
(No change.)
(2)
all information in the Technical Report submitted with
the application for permit in
accordance with §305.45(a)(8) of this
title (relating to Contents of Application for Permit)
[
(A)-(P)
(No change.)
(3)-(5)
(No change.)
(b)
In determining whether the use or installation of an injection
well for the disposal of hazardous waste is in the public interest under Texas
Water Code, §27.051(a)(1), the commission shall also consider:
(1)
the compliance history of the applicant in accordance with
Texas Water Code, §27.051(e) and
§281.21(d) of this title (relating
to Draft Permit, Technical Summary, Fact Sheet, and Compliance Summary)
[
(2)-(4)
(No change.)
(c)-(e)
(No change.)
(f)
Interim Status under the
RCRA
[
(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on June 30, 2000.
TRD-200004561
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: August 13, 2000
For further information, please call: (512) 239-4712
(USDWs)
] during the period of temporary abandonment. These actions and procedures
shall include compliance with the technical requirements applicable, unless
waived by the executive director.
five
] years after completion
of plugging and abandonment procedures for the well. The executive director
may require a permittee to submit copies of the records at any time prior
to conclusion of the retention period.
Chapter 331.
UNDERGROUND INJECTION CONTROL
whose use
] has been permanently discontinued
from use
or a well for
which, after appropriate review and evaluation by the commission, there is
no reasonable expectation of a return to service.
and includes
] processing, storage
,
and disposal of waste.
of achieving or exceeding the
] water quality levels
established by the commission for a permit/production area.
Storage Well
]--A
Class V injection well used for the injection of water into a geologic formation,
group of formations
,
or part of a formation that is capable of
underground storage of water for later retrieval and beneficial use.
calcium carbonate
] (CaCO
anhydride
] (CaSO
(17)
] Cement--A substance generally
introduced as a slurry into a wellbore which sets up and hardens between the
casing and borehole and/or between casing strings to prevent movement of fluids
within or adjacent to a borehole, or a similar substance used in plugging
a well.
(18)
] Cementing--The operation
whereby cement is introduced into a wellbore and/or forced behind the casing.
(19)
] Commercial facility--A Class
I
permitted facility, where one or more commercial wells are operated
[
permittee who operates one or more commercial injection wells
].
(20)
] Commercial
Underground
Injection Control (UIC)
[
UIC
] Class I well facility--Any
waste management facility that accepts
, for a charge,
hazardous
or nonhazardous industrial solid waste[
,
] for disposal in a UIC
Class I injection well, [
for a charge,
] except a captured facility
or a facility that accepts waste only from other facilities owned or effectively
controlled by the same person.
(21)
] Commercial well--A UIC Class
I injection well which disposes of hazardous or nonhazardous industrial solid
wastes, for a charge, except for a captured facility or a facility that accepts
waste only from facilities owned or effectively controlled by the same person.
(22)
] Conductor casing or conductor
pipe--A short string of large-diameter casing used to keep the top of the
wellbore open during drilling operations.
(23)
] Confining zone--A part of
a formation, a formation, or group of formations between the injection zone
and the lowermost
USDW
[
underground source of drinking water
(USDW)
] or freshwater aquifer that acts as a barrier to the movement
of fluids out of the injection zone.
(25)
] Contaminant--Any physical,
biological, chemical or radiological substance or matter in water.
(26)
] Control parameter--Any chemical
constituent of groundwater monitored on a routine basis used to detect or
confirm the presence of mining solutions in a designated monitor well.
(27)
] Disposal well--A well that
is used for the disposal of waste into a subsurface stratum.
(28)
] Disturbed salt zone--Zone
of salt enveloping a salt cavern, typified by increased values of permeability
or other induced anomalous conditions relative to undisturbed salt which lies
more distant from the salt cavern, and is the result of mining activities
during salt cavern development and which may vary in extent through all phases
of a cavern including the post-closure phase.
(29)
] Drilling mud--A heavy suspension
used in drilling an injection well, introduced down the drill pipe and through
the drill bit.
(30)
] Excursion--The movement of
mining solutions into a designated monitor well.
(31)
] Existing injection well--A
Class I well which was authorized
by an approved state or EPA-administered
program
before 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 §335.1 of this title (relating
to Definitions).
(32)
] Fluid--Material or substance
which flows or moves whether in a semisolid, liquid, sludge, gas, or any other
form or state.
(33)
] Formation--A body of rock
characterized by a degree of lithologic homogeneity which is prevailingly,
but not necessarily, tabular and is mappable on the earth's surface or traceable
in the subsurface.
(34)
] Formation fluid--Fluid present
in a formation under natural conditions.
(35)
] Fresh water--Water having
bacteriological, physical, and chemical properties which make it suitable
and feasible for beneficial use for any lawful purpose.
(36)
] Groundwater--Water below
the land surface in a zone of saturation.
(38)
] Injection interval--That
part of the injection zone in which the well is authorized to be screened,
perforated, or in which the waste is otherwise authorized to be directly emplaced.
(39)
] Injection operations--The
surface storage or subsurface emplacement of fluids occurring in connection
with an injection well or wells, other than that occurring solely for construction
or initial testing.
(40)
] Injection well--A well into
which fluids are being injected.
(41)
] Injection zone--A formation,
a group of formations, or part of a formation that receives fluid through
a well.
(42)
] In service--The operational
status when an authorized injection well is capable of injecting fluids, including
times when the well is shut-in and on standby status.
(43)
] Intermediate casing--A string
of casing with diameter intermediate between that of the surface casing and
that of the smaller long-string or production casing, and which is set and
cemented in a well after installation of the surface casing and prior to installation
of the long-string or production casing.
(44)
] Liner--An additional casing
string typically set and cemented inside the long string casing
and occasionally
[
. Occasionally,
] used to extend from base of the long string
casing to or through the injection zone.
(45)
] Long string casing or production
casing--A string of casing that is set inside the surface casing and
that
usually
extends
[
extending
] to or through
the injection zone.
(46)
] Lost circulation zone--A
term applicable to rotary drilling of wells to indicate a subsurface zone
which is penetrated by a wellbore, and which is characterized by rock of high
porosity and permeability, into which drilling fluids flow from the wellbore
to the degree that the circulation of drilling fluids from the bit back to
ground surface[
,
] is disrupted or "lost."
(47)
] Mine area--The area defined
by a line through the ring of designated monitor wells installed to monitor
the production zone.
(48)
] Mine plan--A map of proposed
mine areas and an estimated schedule indicating the sequence and timetable
for mining and any required aquifer restoration.
(49)
] Monitor well--Any well used
for the sampling or measurement of any chemical or physical property of subsurface
strata or their contained fluids.
(50)
] New injection well--Any well,
or group of wells not an existing injection well.
(51)
] New waste stream--A waste
stream not permitted.
(52)
] Non-commercial facility--A
Class I
permitted facility
[
permittee
] which operates
only
non-commercial
[
noncommercial
] wells.
(53)
] Non-commercial UIC Class
I well facility--A UIC Class I
permitted facility where only non-commercial
wells are operated
[
permittee which operates only non-commercial
wells
].
(54)
] Non-commercial well--A UIC
Class I injection well which disposes of wastes that are generated on-site,
at a captured facility or from other facilities owned or effectively controlled
by the same person.
(55)
] Off-site--Property which
cannot be characterized as on-site.
(56)
] On-site--The same or geographically
contiguous property which may be divided by public or private rights-of-way,
provided the entrance and exit between the properties is at a cross-roads
intersection, and access is by crossing, as opposed to going along, the right-of-way.
Noncontiguous properties owned by the same person but connected by a right-of-way
which the owner controls and to which the public does not have access, is
also considered on-site property.
(57)
] Out of service--The operational
status when a well is not authorized to inject fluids, or the well itself
is incapable of injecting fluids for mechanical reasons, maintenance operations,
or well workovers or when injection is prohibited due to the well's inability
to comply with the in-service operating standards of this chapter.
(58)
] Permit area--The area owned
or under lease by the permittee which may include buffer areas, mine areas,
and production areas.
(59)
] 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.
(60)
] Pollution--The contamination
of water or the alteration of the physical, chemical, or biological quality
of water:
(61)
] Pre-Injection facilities--The
on-site above-ground appurtenances, structures, equipment, and other fixtures
that are or will be used for storage, processing, or in conjunction with an
injection operation.
(62)
] Production area--The area
defined by a line generally through the outer perimeter of injection and recovery
wells used for mining.
(63)
] Production area authorization--A
document, issued [
by the Texas Water Commission
] under the terms
of an injection well permit, approving the initiation of mining activities
in a specified production area within a permit area.
(64)
] Production zone--The stratigraphic
interval extending vertically from the shallowest to the deepest stratum into
which mining solutions are authorized to be introduced.
A solid waste which is identified as a radioactive waste in and requires
special licensing under Texas Civil Statutes, Article 4590f, or the rules
adopted by the Texas Board of Health pursuant thereto
].
(68)
] Restoration demonstration--A
test or tests conducted by a permittee to simulate production and restoration
conditions and verify or modify the fluid handling values submitted in the
permit application.
(69)
] Restored aquifer--An aquifer
whose local groundwater quality has, by natural or artificial processes, returned
to levels consistent with restoration table values or better as verified by
an approved sampling program.
(70)
] Salt cavern--A hollowed-out
void space that has been purposefully constructed within a salt stock, typically
by means of solution mining by circulation of water from a well or wells connected
to the surface.
(71)
] Salt cavern confining zone--A
zone between the salt cavern injection zone and all USDWs and freshwater aquifers,
that acts as a barrier to movement of waste out of a salt cavern injection
zone, and consists of the entirety of the salt stock excluding any portion
of the salt stock designated as a UIC Class I salt cavern injection zone or
any portion of the salt stock occupied by a UIC Class II or Class III salt
cavern or its disturbed salt zone.
(72)
] Salt cavern injection interval--That
part of a salt cavern injection zone consisting of the void space of the salt
cavern into which waste is stored or disposed of, or which is capable of receiving
waste for storage or disposal.
(73)
] Salt cavern injection zone--The
void space of a salt cavern that receives waste through a well, plus that
portion of the salt stock enveloping the salt cavern, and extending from the
boundaries of the cavern void outward a sufficient thickness to contain the
disturbed salt zone, and an additional thickness of undisturbed salt sufficient
to ensure that adequate separation exists between the outer limits of the
injection zone and any other activities in the domal area.
(74)
] 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 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:
(75)
] Salt dome--A geologic structure
that includes the caprock, salt stock, and deformed strata surrounding the
salt stock.
(76)
] Salt stock--A geologic formation
consisting of a relatively homogeneous mixture of evaporite minerals dominated
by halite (NaCl) that has migrated from originally tabular beds into a vertical
orientation.
(78)
] Stratum--A sedimentary bed
or layer, regardless of thickness, that consists of generally the same kind
of rock or material.
(79)
] Surface casing--The first
string of casing (after the conductor casing, if any) that is set in a well.
(80)
] Total dissolved solids (TDS)--The
total dissolved (filterable) solids as determined by use of the method specified
in 40
CFR Part 136, as amended
[
Code of Federal Regulations
(CFR) 136
].
(81)
] Transmissive fault or fracture--A
fault or fracture that has sufficient permeability and vertical extent to
allow fluids to move between formations.
(82)
] Underground injection--The
subsurface emplacement of fluids through a well.
(83)
] Underground injection control
(UIC)--The program under the federal Safe Drinking Water Act, Part C, including
the approved Texas state program.
(84)
] Underground source of drinking
water (USDW)--An "aquifer" or its portions:
ground water
] contains fewer than l0,000 mg/l total dissolved solids; and
(85)
] Upper limit--A parameter
value established by the commission in a permit/production area authorization
which when exceeded indicates mining solutions may be present in designated
monitor wells.
(86)
] Verifying analysis--A second
sampling and analysis of control parameters for the purpose of confirming
a routine sample analysis which [
indicates
] an increase in any
control parameter to a level exceeding the upper limit. Mining solutions are
assumed to be present in a designated monitor well if a verifying analysis
confirms that any control parameter in a designated monitor well is present
in concentration equal to or greater than the upper limit value.
(87)
] Well--A bored, drilled, or
driven shaft, or an artificial opening in the ground made by digging, jetting,
or some other method, where the depth of the opening is greater than its largest
surface dimension, but [
the term
] does not include any surface
pit, surface excavation, or natural depression.
(88)
] Well monitoring--The measurement
by on-site instruments or laboratory methods of any chemical, physical, radiological,
or biological property of the subsurface strata or their contained fluids
penetrated by the wellbore.
(89)
] 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,
including
[
and includes
], but [
is
] not limited to surging, jetting, blasting, acidizing,
and hydraulic fracturing.
(90)
] 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.
Resource Conservation and Recovery Act of 1976 (RCRA)
]
permit applying the standards of
Chapter 335, Subchapter F of this title
(relating to Permitting Standards for Owners and Operators of Hazardous Waste
Storage, Processing, or Disposal Facilities)
[
§335.152(14)
of this title (relating to Permitting Standards of Owners and Operators of
Hazardous Waste Storage Processing or Disposal Facilities)
] will constitute
an
[
a
] underground injection control (UIC) permit for hazardous
waste injection wells for which the technical standards of this chapter are
not generally appropriate.
he
] shall give written notice of
this
[
his
]
determination to the owner or operator. Unless the executive director requires
immediate cessation, the owner or operator shall cease injection into the
well within 48 hours of receipt of the executive director's determination.
The executive director may allow plugging of the well or require the permittee
to perform additional construction, operation, monitoring, reporting, and
corrective actions which are necessary to prevent the movement of fluid into
or between underground sources of drinking water [
(USDWs)
] caused
by the lack of mechanical integrity. The owner or operator may resume injection
upon written notification from the executive director that the owner or operator
has demonstrated mechanical integrity.
inject for
] extraction of minerals, including:
Revocation and Suspension
]) or §305.67 of this title
(relating to Revocation and Suspension Upon Request or Consent).
in order
] to protect fresh water outside the exempted aquifer which may be subject
to pollution caused by the injection.
Subchapter C. GENERAL STANDARDS AND METHODS
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
:
[
.
]
§331.44(a) of this title (relating to Corrective Action Standards)
] will be used to determine adequacy.
Subchapter D. STANDARDS FOR CLASS I WELLS OTHER THAN SALT CAVERN SOLID WASTE DISPOSAL WELLS
Underground Source of Drinking Waters (USDWs)
], to prevent the
movement of fluids along the wellbore out of the injection zone, to permit
the use of appropriate testing devices and workover tools, and to permit continuous
monitoring of injection tubing, long string casing and annulus, as required
by this chapter. All well materials must be compatible with fluids with which
the materials may be expected to come into contact. A well shall be deemed
to have compatibility as long as the materials used in the construction of
the well meet or exceed standards developed for such materials by the American
Petroleum Institute, the American Society for Testing Materials, or comparable
standards acceptable to the executive director.
in order
] to protect USDWs, and fresh or surface
water from pollution.
five
] years following
the completion of any plugging
and
abandonment
procedures
, records of all
monitoring
information including the nature and composition of all injected fluids
[
information resulting from any monitoring activities, including the
chemical and physical characteristics of injected fluids
] or other records
required by the permit. The executive director may require a permittee to
submit copies of the records at any time prior to conclusion of the retention
period.
(relating to Corrective Action Standards)
];
five
]
years following well
closure
[
plugging and abandonment
]
,
records reflecting the nature, composition
,
and volume
of all injected fluids. The [
executive director shall require the
]
owner or operator
must
[
to
] deliver the records to the
executive director at the conclusion of the retention period, and
the
[
all
] records shall thereafter be retained at a location
designated by the executive director for that purpose.
Subchapter E. STANDARDS FOR CLASS III WELLS
and cemented
] to prevent the migration of fluids which may cause the pollution of
underground sources of drinking water (USDWs) and maintained in that condition
throughout the life of the well. In addition, existing wells in areas where
there is the potential for contamination and other harmful or foreign matter
to enter groundwater through an open well, shall also be cemented to the surface
and capped
[
USDWs
]. 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 following factors shall be considered:
monitoring
] wells shall be completed into the injection zone and into
any USDW above the injection zone which could be affected by the mining operation.
These wells shall be located to detect any excursion of injection fluids,
production fluids, process by-products, or formation fluids outside the mining
area or zone. If the operation may be affected by subsidence or catastrophic
collapse, the
monitor
[
monitoring
] wells shall be located
so that they will not be physically affected. Designated
monitor
[
monitoring
] wells shall be installed at least 100 feet inside
any permit area boundary, unless excepted by written authorization from the
commission.
monitoring
] wells shall
be completed into the USDW to detect any movement of injected fluids, process
by-products or formation fluids into the USDW. The
monitor
[
monitoring
] wells shall be located outside the physical influence of
the subsidence or catastrophic collapse.
monitoring
] wells the following criteria shall be considered:
Subchapter F. STANDARDS FOR CLASS III WELL PRODUCTION AREA DEVELOPMENT
.
]
Texas Water Commission
] representatives.
district
] office by the next working day by telephone and notify
the executive director by letter postmarked within 48 hours
of identification
of the excursion. The notification must identify the
[
identifying
the
] affected monitor well and [
submitting
] the control parameter
concentrations. [
This letter shall be addressed to the executive director
in care of the Director, Hazardous and Solid Waste Division.
]
Texas Water Commission district
] office and the
executive director and shall proceed to reestablish groundwater quality in
the affected permit or mine area aquifers to levels consistent with the values
listed in the restoration table for that permit or mine area. Restoration
efforts shall begin as soon as practicable but no later than 30 days after
mining is completed in a particular production area. The executive director,
subject to commission approval, may grant a variance from the 30-day period
for good cause shown.
in order
]
to provide the opportunity for splitting samples and for selecting additional
wells for sampling, if desired. To insure water quality has stabilized, a
period of 180 days must elapse between cessation of restoration operations
and the final set of stability samples. The executive director shall determine
within 45 days of the receipt of all sample analysis results whether or not
restoration has been achieved. Upon acknowledgment in writing by the executive
director confirming achievement of final restoration, the permittee shall
accomplish closure of the area in accordance with §331.86 of this title
(relating to Closure).
Subchapter G. CONSIDERATION PRIOR TO PERMIT ISSUANCE
conformance
with Chapter 305 of this title (relating to Consolidated Permits)
] including,
but not limited to:
§281.21 of this title (relating to Draft Permit and Compliance
Summary)
];
Resource
Conservation and Recovery Act (RCRA)
] for Class I hazardous waste injection
wells. The minimum state standards which define acceptable injection of hazardous
waste during the period of interim status are set out in this chapter. The
issuance of an underground injection well permit does not automatically terminate
RCRA interim status. A Class I well's interim status does, however, automatically
terminate upon issuance [
to that well
] of a RCRA permit
for
that well
, or upon the well's receiving a RCRA permit-by- rule under §335.47
of this title (relating to Special Requirements for Persons Eligible for a
Federal Permit by Rule). Thus, until a Class I well injecting hazardous waste
receives a RCRA permit or RCRA permit-by-rule, the well's interim status requirements
are the applicable requirements imposed under this chapter, including any
requirements imposed in the UIC permit.
Subchapter J. STANDARDS FOR CLASS I SALT CAVERN SOLID WASTE DISPOSAL WELLS