40 C.F.R. §§ 147.2918–147.2928

§147.2918. Permit application information.

40 C.F.R. § 147.2918

(a)

The owner/operator must submit the original and three copies of the permit application, with two complete sets of attachments, to the Osage UIC office. The application should be signed by the owner/operator or a duly authorized representative. The application should also include appropriate forms (i.e., BIA's Application for Operation or Report on Wells and EPA's permit application). The applicant has the burden of proof to show that the proposed injection activities will not endanger USDWs.

(b)

The application shall include the information listed below. Information required by paragraphs (b) (5), (7), or (9) of this section that is contained in EPA or BIA files may be included in the application by reference.

(1)

Map using township-range sections showing the area of review and identifying all wells of public record penetrating the injection interval.

(2)

Tabulation of data on the wells identified in paragraph (b)(1) of this section, including location, depth, date drilled, and record of plugging and/or completion.

(3)

Operating data—

(i)

Maximum and average injection rate;

(ii)

Maximum and average injection pressure;

(iii)

Whether operation is on cyclic or continuous operation basis; and

(iv)

Source and appropriate analysis of injected fluids, including total dissolved solids, chlorides, and additives.

(4)

Geologic data on the injection and confining zones, including faults, geological name, thickness permeability, depth and lithologic description.

(5)

Depth to base of fresh water.

(6)

Schematic drawings of the surface and subsurface details of the well, showing—

(i)

Total depth or plug-back depth;

(ii)

Depth to top and bottom of injection interval;

(iii)

Depths to tops and bottoms of casing and cemented intervals, and amount of cement to be used;

(iv)

Size of casing and tubing, and depth of packer; and

(v)

Hole diameter.

(7)

Proof that surety bond has been filed with the BIA Superintendent in accordance with 25 CFR 226.6. A surety bond must be maintained until the well has been properly plugged.

(8)

Verification of public notice, consisting of a list showing the names, addresses, and date that notice of permit application was given or sent to:

(i)

The surface land owner;

(ii)

Tenants on land where injection well is located or proposed to be located; and

(iii)

Each operator of a producing lease within one-half mile of the well location.

(9)

All available logging and testing data on the well (for existing wells, i.e., wells to be converted or wells previously authorized by rule).

Notes, amendments, and revision history

Authority

Authority: Safe Drinking Water Act, 42 U.S.C. 300h.

Source

Source: 49 FR 45309, Nov. 15, 1984, unless otherwise noted.

Authority

Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.

Source

Source: 49 FR 20197, May 11, 1984, unless otherwise noted.

§147.2919. Construction requirements for wells authorized by permit.

40 C.F.R. § 147.2919

(a)

All Class II wells shall be sited so that they inject into a formation that is separated from any USDW by a confining zone free of known open faults or fractures within the area of review.

(b)

All Class II wells shall be cased and cemented to prevent movement of fluids into or between USDWs. Requirements shall be based on the depth to base of fresh water, and the depth to the injection zone. Newly drilled Class II wells must have surface casing set and cemented to at least 50 feet below the base of fresh water, or the equivalent (e.g., long string cemented to surface). At the Regional Administrator's discretion, the casing and cementing of wells to be converted may be considered adequate if they meet the BIA requirements that were in effect at the time of construction (completion), and will not result in movement of fluid into a USDW.

(c)

Owner/operators shall provide a standard female fitting with cut-off valves, connected to the tubing and the tubing/casing annulus so that the injection pressure and annulus pressure may be measured by an EPA representative by attaching a gauge having a standard male fitting.

(d)

No owner or operator may begin construction of a new well until a permit authorizing such construction has been issued, unless such construction is otherwise authorized by an area permit.

Notes, amendments, and revision history

Authority

Authority: Safe Drinking Water Act, 42 U.S.C. 300h.

Source

Source: 49 FR 45309, Nov. 15, 1984, unless otherwise noted.

Authority

Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.

Source

Source: 49 FR 20197, May 11, 1984, unless otherwise noted.

§147.2920. Operating requirements for wells authorized by permit.

40 C.F.R. § 147.2920

(a)

For new Class II wells, injection shall be through adequate tubing and packer. Packer shall be run on the tubing and set inside the casing within 75 feet of the top of the injection interval. For existing Class II, wells, injection shall be through adequate tubing and packer, or according to alternative operating requirements approved by the Regional Administrator, as necessary to prevent the movement of fluid into a USDW.

(b)

Each well must have mechanical integrity. Mechanical integrity of the injection well must be shown prior to operation. The owner/operator must notify the Osage UIC office at least five days prior to mechanical integrity testing. Conditions of both paragraphs (b) (1) and (2) of this section must be met.

(1)

There is no significant leak in the casing, tubing or packer. This may be shown by the following:

(i)

Performance of a pressure test of the casing/tubing annulus to at least 200 psi, or the pressure specified by the Regional Administrator, to be repeated thereafter, at five year intervals, for the life of the well (Pressure tests conducted during well operation shall maintain an injection/annulus pressure differential of at least 100 psi throughout the tubing length); or

(ii)

Maintaining a positive gauge pressure on the casing/tubing annulus (filled with liquid) and monitoring the pressure monthly and reporting of the pressure information annually; or

(iii)

Radioactive tracer survey; or

(iv)

For enhanced recovery wells, record of monitoring showing the absence of significant changes in the relationship between injection pressure and injection flow rate at the wellhead, following an initial pressure test as described by paragraph (b)(1) (i) or (v) of this section; or

(v)

Testing or monitoring programs approved by the Administrator on a case-by-case basis, and

(2)

There is no significant fluid movement into a USDW through vertical channels adjacent to the well bore. This may be shown by any of the following:

(i)

Cementing records (need not be reviewed every five years);

(ii)

Tracer survey (in appropriate hydrogelogic settings; must be used in conjunction with at least one of the other alternatives);

(iii)

Temperature log;

(iv)

Noise log; or

(v)

Other tests deemed acceptable by the Administrator.

(c)

Injection pressure at the wellhead shall be limited so that it does not initiate new fractures or propagate existing fractures in the confining zone adjacent to any UDSW.

(d)

Injection wells or projects which have exhibited failure to confine injected fluids to the authorized injection zone or zones may be subject to restriction of injected volume and pressure or shut-in, until the failure has been identified and corrected.

(e)

Operation shall not commence until proof has been submitted to the Regional Administrator, or an EPA representative has witnessed that any corrective action specified in the permit has been completed.

Notes, amendments, and revision history

Authority

Authority: Safe Drinking Water Act, 42 U.S.C. 300h.

Source

Source: 49 FR 45309, Nov. 15, 1984, unless otherwise noted.

Authority

Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.

Source

Source: 49 FR 20197, May 11, 1984, unless otherwise noted.

§147.2921. Schedule of compliance.

40 C.F.R. § 147.2921

The permit may, when appropriate, specify a schedule of compliance leading to compliance with the Safe Drinking Water Act and the Osage UIC regulations.

(a)

Any schedule of compliance shall require compliance as soon as possible, and in no case later than three years after the effective date of the permit.

(b)

If a permit establishes a schedule of compliance which exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.

(1)

The time between interim dates shall not exceed one year.

(2)

If the time necessary for completion of any interim requirement is more than 1 year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.

(c)

The permit shall be written to require that if a schedule of compliance is applicable, progress reports be submitted no later than 30 days following each interim date and the final date of compliance.

Notes, amendments, and revision history

Authority

Authority: Safe Drinking Water Act, 42 U.S.C. 300h.

Source

Source: 49 FR 45309, Nov. 15, 1984, unless otherwise noted.

Authority

Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.

Source

Source: 49 FR 20197, May 11, 1984, unless otherwise noted.

§147.2922. Monitoring and reporting requirements for wells authorized by permit.

40 C.F.R. § 147.2922

(a)

The owner/operator shall notify the Osage UIC office within 30 days of the date on which injection commenced.

(b)

The operator shall monitor the injection pressure (psi) and rate (bbl/day) at least monthly, with the results reported annually. The annual reports shall specify the types or methods used to generate the monitoring data.

(c)

The owner/operator shall notify the Osage UIC office within 30 days of any mechanical failure or down-hole problems involving well integrity, well workovers, or any noncompliance. (Operators should note the obligation to apply for and obtain a workover permit from the Bureau of Indian Affairs Osage Agency before reentering an injection well.) If the condition may endanger an USDW, the owner/operator shall notify the Osage UIC officer orally within 24 hours, with written notice including plans for testing and/or repair to be submitted within five days. If all the information is not available within five days, a followup report must be submitted within 30 days.

(d)

The owner/operator shall retain all monitoring records for three years, unless an enforcement action is pending, and then until three years after the enforcement action has been resolved.

(e)

The owner/operator shall notify the Osage UIC office in writing of a transfer of ownership at least 10 days prior to such transfer.

Notes, amendments, and revision history

Authority

Authority: Safe Drinking Water Act, 42 U.S.C. 300h.

Source

Source: 49 FR 45309, Nov. 15, 1984, unless otherwise noted.

Authority

Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.

Source

Source: 49 FR 20197, May 11, 1984, unless otherwise noted.

§147.2923. Corrective action for wells authorized by permit.

40 C.F.R. § 147.2923

All improperly sealed, completed or abandoned wells (i.e., wells or well bores which may provide an avenue for movement of fluid into an UDSW) within the zone of endangering influence (as defined in § 147.2904, Area of Review) that penetrate the injection zone of a Class II well, must have corrective action taken to prevent movement of fluid into a USDW.

(a)

EPA will review completion and plugging records of wells within the zone of endangering influence that penetrate the injection zone and will notify the operator when corrective action is required. Corrective action may include:

(1)

Well modifications, including—

(i)

Recementing;

(ii)

Workover;

(iii)

Reconditioning; and/or

(iv)

Plugging or replugging;

(2)

Permit conditions to limit injection pressure so as to prevent movement of fluid into a USDW;

(3)

A more stringent monitoring program; and/or

(4)

Periodic testing of other wells within the area of review to determine if significant movement of fluid has occurred. If the monitoring discussed in paragraph (a)(3) or (a)(4) of this section indicates the potential endangerment of a USDW, then action as described in paragraph (a)(1) or (a)(2) of this section must be taken.

(b)

If the Regional Administrator has demonstrable knowledge that wells within the zone of endangering influence will not serve as conduits for fluid movement into a USDW, the permit may be approved without requiring corrective action. However, additional monitoring shall be required to confirm that no significant migration will occur.

Notes, amendments, and revision history

Authority

Authority: Safe Drinking Water Act, 42 U.S.C. 300h.

Source

Source: 49 FR 45309, Nov. 15, 1984, unless otherwise noted.

Authority

Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.

Source

Source: 49 FR 20197, May 11, 1984, unless otherwise noted.

§147.2924. Area permits.

40 C.F.R. § 147.2924

(a)

Area permits may be issued for more than one injection well if the following conditions are met:

(1)

All existing wells are described and located in the permit application;

(2)

All wells are within the same well field, project, reservoir or similar unit;

(3)

All wells are of similar construction; and

(4)

All wells are operated by the same owner/operator.

(b)

Area permits shall specify:

(1)

The area within which injection is authorized; and

(2)

The requirements for construction, monitoring, reporting, operation and abandonment for all wells authorized by the permit.

(c)

Area permits can authorize the construction and operation of new wells within the permit area, if—

(1)

The permittee notifies the Regional Administrator in the annual report of when and where any new wells have or will be drilled;

(2)

The new wells meet the criteria outlined in paragraphs (a) and (b) of this section; and

(3)

The effects of the new wells were addressed in the permit application and approved by the Regional Administrator.

Notes, amendments, and revision history

Authority

Authority: Safe Drinking Water Act, 42 U.S.C. 300h.

Source

Source: 49 FR 45309, Nov. 15, 1984, unless otherwise noted.

Authority

Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.

Source

Source: 49 FR 20197, May 11, 1984, unless otherwise noted.

§147.2925. Standard permit conditions.

40 C.F.R. § 147.2925

(a)

The permittee must comply with all permit conditions, except as authorized by an emergency permit (described in § 147.2906). Noncompliance is grounds for permit modification, permit termination or enforcement action.

(b)

The permittee has a duty to halt or reduce activity in order to maintain compliance with permit conditions.

(c)

The permittee shall take all reasonable steps to mitigate any adverse environmental impact resulting from noncompliance.

(d)

The permittee shall properly operate and maintain all facilities installed or used to meet permit conditions. Proper operation and maintenance also includes adequate operator staffing and training, adequate funding, and adequate engineering capability available.

(e)

This permit may be modified or terminated for cause (see §§ 147.2927 and 147.2928). The filing of a request by the permittee for a permit modification or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

(f)

This permit does not convey any property rights, or any exclusive privilege.

(g)

The permittee shall furnish, within a reasonable time, information that the Regional Administrator requests, for determination of permit compliance, or if cause exists, for permit modification or termination.

(h)

The permittee shall allow EPA representatives, upon presentation of appropriate credentials or other documentation, to:

(1)

Enter permittee's premises where a regulated activity is conducted or located, or where records required by this permit are kept;

(2)

Have access to and copy records required by this permit;

(3)

Inspect any facilities, equipment, practices or operations regulated or required by this permit; and

(4)

Sample or monitor any substances or parameters at any location for purpose of assuring compliance with this permit or the SDWA.

(i)

Monitoring and records.

(1)

Samples and monitoring data shall be representative of injection activity.

(2)

Permittee shall retain monitoring records for three years.

(3)

Monitoring records shall include:

(i)

Date, exact place and time of sampling or measurement;

(ii)

Individual(s) who preformed the measurements;

(iii)

Date(s) analyses were performed;

(iv)

Individual(s) who performed the analyses;

(v)

Analytical techniques or methods used, including quality assurance techniques employed to insure the generation of reliable data; and

(vi)

Results of analyses.

(j)

Signatory requirements. All applications, reports or information submitted to the Regional Administrator or the Osage UIC office must be signed by the injection facility owner/operator or his duly authorized representative. The person signing these documents must make the following certification:

(k)

Reporting requirements.

(1)

The permittee shall notify the Regional Administrator as soon as possible of any planned changes to the facility.

(2)

The permittee shall give advance notice to the Regional Administrator of any planned changes which may result in noncompliance.

(3)

This permit is not transferable to any person except after notice to the Regional Administrator in accordance with § 147.2926.

(l)

A new injection well shall not commence injection until construction is complete and the Regional Administrator has been notified of completion of construction and has given his approval to commence injection.

Notes, amendments, and revision history

Authority

Authority: Safe Drinking Water Act, 42 U.S.C. 300h.

Source

Source: 49 FR 45309, Nov. 15, 1984, unless otherwise noted.

Authority

Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.

Source

Source: 49 FR 20197, May 11, 1984, unless otherwise noted.

§147.2926. Permit transfers.

40 C.F.R. § 147.2926

(a)

Permits may be transferred to another permittee:

(1)

If the current permittee notifies the Regional Administrator at least 10 days before the proposed transfer date; and

(2)

If the notice includes a written agreement between the existing and new permittees containing:

(i)

A specific date for transfer of permit responsibility, coverage and liability; and

(ii)

Assurance that the new permittee has a surety bond on file with BIA; and

(3)

If the Regional Administrator does not respond with a notice to the existing permittee that the permit will be modified.

(b)

If the conditions in paragraph (a) of this section are met, the transfer is effective on the date specified in paragraph (a)(2)(i) of this section.

Notes, amendments, and revision history

Authority

Authority: Safe Drinking Water Act, 42 U.S.C. 300h.

Source

Source: 49 FR 45309, Nov. 15, 1984, unless otherwise noted.

Authority

Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.

Source

Source: 49 FR 20197, May 11, 1984, unless otherwise noted.

§147.2927. Permit modification.

40 C.F.R. § 147.2927

(a)

Permits may be modified for the following causes only (with the exceptions listed in paragraph (b) of this section regarding minor modifications):

(1)

There are substantial changes to the facility or activity which occurred after permit issuance that justify revised or additional permit conditions.

(2)

The Regional Administrator has received information (e.g., from monitoring reports, inspections) which warrants a modified permit.

(3)

The regulations or standards on which the permit was based have changed.

(4)

The Regional Administrator has received notice of a proposed permit transfer.

(5)

An interested person requests in writing that a permit be modified, and the Regional Administrator determines that cause for modification exists.

(6)

Cause exists for termination under § 147.2928, but the Regional Administrator determines that permit modification is appropriate.

(b)

Minor modifications.

(1)

Minor modifications do not require that the procedures listed in paragraph (c) of this section be followed.

(2)

Minor modifications consist of—

(i)

Correcting typographical errors;

(ii)

Requiring more frequent monitoring or reporting;

(iii)

Changing ownership or operational control (see § 147.2926, Permit Transfers); or

(iv)

Changing quantities or types of injected fluids, provided—

(A)

The facility can operate within conditions of permit;

(B)

The facility classification would not change.

(c)

Modification procedures.

(1)

A draft permit shall be prepared with proposed modifications.

(2)

The draft permit shall follow the general permitting procedures (i.e., public comment period, etc.) before a final decision is made.

(3)

Only the changed conditions shall be addressed in the draft permit or public review.

Notes, amendments, and revision history

Authority

Authority: Safe Drinking Water Act, 42 U.S.C. 300h.

Source

Source: 49 FR 45309, Nov. 15, 1984, unless otherwise noted.

Authority

Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.

Source

Source: 49 FR 20197, May 11, 1984, unless otherwise noted.

§147.2928. Permit termination.

40 C.F.R. § 147.2928

(a)

Permits may be terminated for the following causes only:

(1)

Noncompliance with any permit condition.

(2)

Misrepresentation or failure to fully disclose any relevant facts.

(3)

Determination that the permitted activity endangers human health or the environment.

(4)

Interested person requests in writing that a permit be terminated and the Regional Administrator determines that request is valid.

(b)

Termination procedures.

(1)

The Regional Administrator shall issue notice of intent to terminate (which is a type of draft permit).

(2)

Notice of intent to terminate shall follow the general permitting procedures (i.e., public comment period, etc.) before a final decision is made.

Notes, amendments, and revision history

Authority

Authority: Safe Drinking Water Act, 42 U.S.C. 300h.

Source

Source: 49 FR 45309, Nov. 15, 1984, unless otherwise noted.

Authority

Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.

Source

Source: 49 FR 20197, May 11, 1984, unless otherwise noted.