Section 704.150  Requirements for Class I and III Injection Wells Authorized by Rule

 

The following requirements apply to the owner or operator of a Class I or Class III well authorized by rule under this Subpart C, as provided by Section 704.144.

 

a)         The owner or operator must comply with all applicable requirements of this Subpart C and with Sections 704.121, 704.122, 704.124, 704.201, 704.202, and 704.203.  Any noncompliance with these requirements constitutes a violation of the Act and SDWA and is grounds for enforcement action, except that the owner or operator need not comply with these requirements to the extent and for the duration such noncompliance is authorized by an emergency permit under Section 704.163.

 

b)         Twenty-Four Hour Reporting.  The owner or operator must report any noncompliance that may endanger health or the environment, including either of the events described in subsection (b)(1) or (b)(2), subject to the conditions of subsection (b)(3):

 

1)         Any monitoring or other information that indicates that any contaminant may cause an endangerment to a USDW; or

 

2)         Any noncompliance or malfunction of the injection system that may cause fluid migration into or between USDWs.

 

3)         Any information must be provided orally within 24 hours from the time the owner or operator becomes aware of the circumstances.  A written submission must also be provided within five days of the time the owner or operator becomes aware of the circumstances.  The written submission must contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

 

c)         Plugging and Abandonment Plan

 

1)         The owner or operator must prepare, maintain, and comply with a plan for plugging and abandonment of the wells or project that meets the requirements of 35 Ill. Adm. Code 730.110.  For purposes of this subsection (c), temporary intermittent cessation of injection operations is not abandonment.

 

2)         Submission of Plan

 

A)        The owner or operator must submit the plan on any forms prescribed by the Agency.

 

B)        The owner or operator must submit any proposed significant revision to the method of plugging reflected in the plan no later than the notice of plugging required by subsection (i) (i.e., 45 days prior to plugging, unless shorter notice is approved).

 

C)        The plan must include the following information:

 

i)          The nature and quantity and material to be used in plugging;

 

ii)         The location and extent (by depth) of the plugs;

 

iii)        Any proposed test or measurement to be made;

 

iv)        The amount, size, and location (by depth) of casing to be left in the well;

 

v)         The method and location where casing is to be parted; and

 

vi)        The estimated cost of plugging the well.

 

D)        After a cessation of operations of two years, the owner or operator must plug and abandon the well in accordance with the plan, unless the owner or operator performs both of the following actions:

 

i)          It provides written notice to the Agency; and

 

ii)         It describes actions or procedures, satisfactory to the Agency that the owner or operator will take to ensure that the well will not endanger a USDW during the period of temporary abandonment.  These actions and procedures must include compliance with the technical requirements applicable to active injection wells, unless the operator obtains regulatory relief in the form of a variance or adjusted standard from the technical requirements pursuant to 35 Ill. Adm. Code 104 and Title IX of the Act.

 

E)        The owner or operator of any well that has been temporarily abandoned (ceased operations for more than two years and which has met the requirements of subsections (c)(2)(D)(i) and (c)(2)(D)(ii)) must notify the Agency in writing prior to resuming operation of the well.

 

d)         Financial Responsibility

 

1)         The owner or operator or transferor of a Class I or Class III injection well is required to demonstrate and maintain financial responsibility and resources to close, plug, and abandon the underground injection operation in a manner acceptable to the Agency until one of the following has occurred:

 

A)        The well has been plugged and abandoned in accordance with an approved plugging and abandonment plan pursuant to subsection (c) and 35 Ill. Adm. Code 730.110 and submission of a plugging and abandonment report has been made pursuant to subsection (k);

 

B)        The well has been converted in compliance with subsection (j); or

 

C)        The transferor has received notice from the Agency that the transferee has demonstrated financial responsibility for the well.  The owner or operator must show evidence of such financial responsibility to the Agency by the submission of a surety bond or other adequate assurance, such as a financial statement.

 

2)         The owner or operator must submit evidence of financial responsibility to the Agency.  Where the ownership or operational control of the well is to transfer, the transferee must submit such evidence no later than the date specified in the notice required pursuant to subsection (l)(2).

 

3)         The Agency may require the owner or operator to submit a revised demonstration of financial responsibility if the Agency has reason to believe that the original demonstration is no longer adequate to cover the cost of closing, plugging, and abandoning the well.

 

4)         The owner or operator of a well injecting hazardous waste must comply with the financial responsibility requirements of Subpart G.

 

5)         An owner or operator must notify the Agency by certified mail of the commencement of any voluntary or involuntary proceeding under Title 11 (Bankruptcy) of the United States Code that names the owner or operator as debtor, within 10 business days after the commencement of the proceeding.  Any party acting as guarantor for the owner or operator for the purpose of financial responsibility must so notify the Agency if the guarantor is named as debtor in any such proceeding.

 

6)         In the event of commencement of a proceeding specified in subsection (d)(5), an owner or operator that has furnished a financial statement for the purpose of demonstrating financial responsibility pursuant to this Section will be deemed to be in violation of this subsection (d) until an alternative financial assurance demonstration acceptable to the Agency is provided either by the owner or operator or by its trustee in bankruptcy, receiver, or other authorized party.  All parties must be prohibited from injecting into the well until such alternative financial assurance is provided.

 

e)         This subsection (e) corresponds with 40 CFR 144.28(e), which pertains exclusively to enhanced recovery and hydrocarbon storage wells (Class II wells).  Those wells are regulated by the Illinois Department of Natural Resources, Office of Mines and Minerals, rather than by the Board and the Agency.  This statement maintains structural consistency with USEPA rules.

 

f)         Operating Requirements

 

1)         No person must cause or allow injection between the outermost casing protecting USDWs and the well bore.

 

2)         Maintenance of Mechanical Integrity

 

A)        The owner or operator of a Class I or Class III injection well authorized by rule under this Subpart C must establish and maintain mechanical integrity, as defined in 35 Ill. Adm. Code 730.106, until either of the following has occurred:

 

i)          The well is properly plugged and abandoned in accordance with an approved plugging and abandonment plan pursuant to subsection (c) and 35 Ill. Adm. Code 730.110 and a plugging and abandonment report is submitted pursuant to subsection (k); or

 

ii)         The well is converted in compliance with subsection (j).

 

B)        The Agency may require by permit condition that the owner or operator comply with a schedule describing when mechanical integrity demonstrations must be made.

 

3)         Cessation upon Lack of Mechanical Integrity.

 

A)        When the Agency determines that a Class I (non-hazardous) or Class III injection well lacks mechanical integrity pursuant to 35 Ill. Adm. Code 730.108, the Agency must give written notice of its determination to the owner or operator.

 

B)        Unless the Agency requires immediate cessation, the owner or operator must cease injection into the well within 48 hours of receipt of the Agency's determination.

 

C)        The Agency may allow plugging of the well in accordance with 35 Ill. Adm. Code 730.110, or require the owner or operator to perform such additional construction, operation, monitoring, reporting, and corrective action as is necessary to prevent the movement of fluid into or between USDWs caused by the lack of mechanical integrity.

 

D)        The owner or operator may resume injection upon receipt of written notification from the Agency that the owner or operator has demonstrated mechanical integrity pursuant to 35 Ill. Adm. Code 730.108.

 

4)         The Agency may allow the owner or operator of a well that lacks mechanical integrity pursuant to 35 Ill. Adm. Code 730.108(a)(1) to continue or resume injection if the owner or operator has made a satisfactory demonstration that there is no movement of fluid into or between USDWs.

 

5)         For a Class I injection well, unless an alternative to a packer has been approved under 35 Ill. Adm. Code 730.112(c), the owner or operator must fill the annulus between the tubing and the long string of casings with a fluid approved by the Agency and maintain a pressure, also approved by the Agency, on the annulus.  The owner or operator of a Class I well completed with tubing and packer must fill the annulus between tubing and casing with a non-corrosive fluid and maintain a positive pressure on the annulus. For any other Class I injection well, the owner or operator must insure that the alternative completion method will reliably provide a comparable level of protection of USDWs.

 

6)         Injection Pressure for Class I and III Injection Wells

 

A)        Except during stimulation, the owner or operator must not exceed an injection pressure at the wellhead that must be calculated so as to assure that the pressure during injection does not initiate new fractures or propagate existing fractures in the injection zone; and

 

B)        The owner or operator must not inject at a pressure that will initiate fractures in the confining zone or cause the movement of injection or formation fluids into a USDW.

 

g)         Monitoring Requirements.  The owner or operator must perform the monitoring as described in this subsection (g).  Monitoring of the nature of the injected fluids must comply with applicable analytical methods cited in tables IA (List of Approved Biological Methods), IB (List of Approved Inorganic Test Procedures), IC (List of Approved Test Procedures for Non-Pesticide Organic Compounds), ID (List of Approved Test Procedures for Pesticides), IE (List of Approved Radiologic Test Procedures), and IF (List of Approved Methods for Pharmaceutical Pollutants) of 40 CFR 136.3 (Identification of Test Procedures) or in appendix III of 40 CFR 261 (Chemical Analysis Test Methods), each incorporated by reference in 35 Ill. Adm. Code 720.111(b), or with other methods that have been approved by the Agency.

 

1)         The owner or operator of a Class I injection well must undertake the following actions:

 

A)        It must analyze the nature of the injected fluids with sufficient frequency to yield data representative of their characteristics;

 

B)        It must install and use continuous recording devices to monitor injection pressure, flow rate and volume, and the pressure on the annulus between the tubing and the long string of casing; and

 

C)        It must install and use monitoring wells within the area of review, if required by the Agency, to monitor any migration of fluids into and pressure in the USDWs.  The type, number, and location of the wells; the parameters to be measured; and the frequency of monitoring must be approved by the Agency.

 

2)         This subsection (g)(2) corresponds with 40 CFR 144.28(g)(2), a provision related to Class II injection wells, which are regulated by the Illinois Department of Natural Resources, Office of Mines and Minerals, and not by the Board.  This statement maintains structural consistency with USEPA rules.

 

3)         The owner or operator of a Class III injection well must undertake the following actions:

 

A)        It must provide to the Agency a qualitative analysis and ranges in concentrations of all constituents of injected fluids at least once within the first year of authorization and thereafter whenever the injection fluid is modified to the extent that the initial data are incorrect or incomplete.

 

i)          The owner or operator may request confidentiality pursuant to Sections 7 and 7.1 of the Act and 35 Ill. Adm. Code 130.

 

ii)         If the information is proprietary the owner or operator may in lieu of the ranges in concentrations choose to submit maximum concentrations that must not be exceeded.

 

iii)        In such a case the owner or operator must retain records of the undisclosed concentration and provide them upon request to the Agency as part of any enforcement investigation;

 

B)        It must monitor injection pressure and either flow rate or volume semi-monthly, or meter and record daily injected and produced fluid volumes as appropriate;

 

C)        It must monitor the fluid level in the injection zone semi-monthly, where appropriate; and

 

D)        All Class III injection wells may be monitored on a field or project basis rather than an individual well basis by manifold monitoring.  Manifold monitoring may be used in cases of facilities consisting of more than one injection well, operating with a common manifold.  Separate monitoring systems for each well are not required provided the owner or operator demonstrates to the Agency that manifold monitoring is comparable to individual well monitoring.

 

h)         Reporting Requirements.  The owner or operator must submit reports to the Agency as follows:

 

1)         For a Class I injection well, quarterly reports on all of the following:

 

A)        The physical, chemical, and other relevant characteristics of the injection fluids;

 

B)        Monthly average, maximum and minimum values for injection pressure, flow rate and volume, and annular pressure;

 

C)        The results from groundwater monitoring wells prescribed in subsection (f)(1)(C);

 

D)        The results of any test of the injection well conducted by the owner or operator during the reported quarter if required by the Agency; and

 

E)        Any well work over performed during the reported quarter.

 

2)         This subsection (h)(2) corresponds with 40 CFR 144.28(h)(2), a provision related to Class II injection wells, which are regulated by the Illinois Department of Natural Resources, Office of Mines and Minerals, and not by the Board.  This statement maintains structural consistency with USEPA rules.

 

3)         For a Class III injection well, all of the following:

 

A)        Quarterly reporting on all monitoring, as required in subsections (f)(2)(A), (f)(2)(B), and (f)(2)(C);

 

B)        Quarterly reporting of the results of any periodic tests required by the Agency that are performed during the reported quarter; and

 

C)        Monitoring may be reported on a project or field basis rather than an individual well basis where manifold monitoring is used.

 

i)          Retention of Records.  The owner or operator must retain records of all monitoring information, including the following:

 

1)         Calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this section, for a period of at least three years from the date of the sample, measurement or report.  This period may be extended by request of the Agency at any time; and

 

2)         The nature and composition of all injected fluids until three years after the completion of any plugging and abandonment procedures specified under Section 704.188.  The owner or operator must retain the records after the three year retention period unless it delivers the records to the Agency or obtains written approval from the Agency to discard the records.

 

j)          Notice of Abandonment.  The owner or operator must notify the Agency at least 45 days before conversion or abandonment of the well.

 

k)         Plugging and Abandonment Report.  Within 60 days after plugging a well or at the time of the next quarterly report (whichever is less) the owner or operator must submit a report to the Agency.  If the quarterly report is due less than 15 days before completion of plugging, then the report must be submitted within 60 days.  The report must be certified as accurate by the person who performed the plugging operation.  Such report must consist of either:

 

1)         A statement that the well was plugged in accordance with the plan previously submitted to the Agency; or

 

2)         Where actual plugging differed from the plan previously submitted, an updated version of the plan, on any form supplied by the Agency, specifying the different procedures used.

 

l)          Change of Ownership

 

1)         The owner or operator must notify the Agency of a transfer of ownership or operational control of the well at least 30 days in advance of the proposed transfer.

 

2)         The notice must include a written agreement between the transferor and the transferee containing a specific date when the financial responsibility demonstration of subsection (d) will be met by the transferee.

 

3)         The transferee is authorized to inject unless it receives notification from the Agency that the transferee has not demonstrated financial responsibility pursuant to subsection (d).

 

m)        Requirements for a Class I Hazardous Waste Injection Well.  The owner or operator of any Class I injection well injecting hazardous waste must comply with Section 704.203.  In addition the owner or operator must properly dispose of, or decontaminate by removing all hazardous waste residues, all injection well equipment.

 

BOARD NOTE:  Derived from 40 CFR 144.28 (2017).

 

(Source:  Amended at 42 Ill. Reg. 21095, effective November 19, 2018)