### 3.1 **PROGRAM DESCRIPTION OF THE STATE OF TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION**  **UNDERGROUND INJECTION CONTROL PROGRAM**

**DIVISION OF WATER SUPPLY**

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**MISSION STATEMENT OF THE DIVISION OF WATER SUPPLY**
The Mission Statement of the Division of Water Supply (DWS) is “To enhance the quality of life of the citizens of Tennessee by ensuring the safety and quality of our drinking water and non-federal dams through training, technical assistance and the enforcement of laws and regulations and to protect our environment through source water protection programs, ground water activities and licensing.” This submittal is intended to provide a consolidated reference document for acquiring primacy for the Underground Injection Control Program. This portion of the application identifies the technical information and application requirements for the Underground Injection Control (UIC) permit. This submittal will delineate all steps in the process, including responsible personnel, and approximate process milestones. Additional information includes statute and rule authorization, a process flow chart, and supporting documentation. This submittal is only intended to describe routine conditions normally encountered with the UIC permitting process. Additional processes and/or irregular conditions that could be involved with UIC permitting will be considered independently of this submittal. Authority to operate the statewide UIC program within the Tennessee Department of Environment and Conservation has been delegated to the Division of Water Supply (DWS), and is currently administered by the Ground Water Management Section (GWMS). R ule 1200

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-6 classifies injection wells as Class I through Class V. Tennessee has opted to ban all Class I hazardous waste in jection wells (1200

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- .10(1)(a) and Tennessee does not possess the mineral resources for Class III wells, but state regulations do exist for Class I, Class II, Class III, Class IV, and Class V injection wells. Class IVwells are prohibited by Federal regulations, by provisions of state Rule 1200

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-.13 and are closed down when encountered. Tennessee’s UIC program maintains regulations and seeks primacy for all classes of the Underground Injection Control Program. Rule 1200

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-.11 requires that all Class II wells either be individually permitted or covered under area permits as stated in 1200

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-.11(f). There are currently twenty five Class II wells registered in the state. These wells are currently regulated by EPA. Rule 1200

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-.14 provides for the permitting of Class V underground injection activities either individually or by rule (which is equivalent to the federal rule authorization) at the discretion of the Department. All owners or operators of Class V wells are required to submit a Class V application; This application includes all inventory information or the owner/operator must cease discharge to the injection well. At no time shall an owner or operator of a Class V injection well discharge to the well without a current authorization. The permitting process is described in 1200

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-.07 through 1200

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-.08 Class V authorization is addressed in 1200

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-.14. The Division’s policy is to authorize most storm water discharges and other discharges having low contamination potential (discharges from disposal systems that contain only sanitary waste) by rule. Discharges resulting from commercial or industrial process waste streams, which may contain more than sanitary wastewater, are evaluated on a case-by

-case basis as to whether or not to require an individual permit. In order to determine if a discharge from a commercial or industrial process wastewater stream requires an individual permit; several portions of the waste stream and the facility are reviewed. The first point to be considered is the chemical makeup of the waste stream including reviewing Material Safety and Data Sheets (MSDS) for the materials used. If the facility is already in operation then an analysis of the waste stream is required in order to characterize the entire set of chemical constituents. The results are checked against the Maximum Contaminant Level (MCL) list, as well as Health Based Standards and Advisories

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for chemicals with no MCL to determine if any of the substances are above drinking water standards or health risks

. If the constituents are above the MCL’s or health risk numbers then the facility would be required to propose a treatment system to bring the discharge into compliance. If the facility has not been constructed, then the products and any proposed waste stream from the facility will be evaluated for its potential contaminant load. If the system will be discharging at levels over the MCL’s then the facility will not be allowed to discharge and must propose treatment devices to bring the discharge into acceptable levels as well as any necessary remediation to the soil and groundwater. Once the system is operational and can be proven to be effective then standard sampling and monitoring parameters as stated in the authorization will apply. An on-site inspection is required prior to issuance of an individual permit or authorization to operate under the rule provisions. In either case, construction and/or operating conditions may be stipulated and made part of the permit or authorization. Failure to abide by these conditions may be considered cause for revocation of the permit or authorization. The following chart depicts the activity process for acquiring an Authorization to Discharge.

### 4PROCESSFLOWDIAGRAMREGIONALEFOSiteinEFOareaApplicantpreparessupportingdocumentation

### 5**R E** **G I** **O N** **A L** **E F** **O**

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STEP # ACTIVITY DATE/INITIAL MANDATED DUE DATE 1 Receive application and

fee 2 Conduct application

review 3 Conduct site inspection 4 General permit issued 5 Individual permit required:

Additional information received Public Hearing Additional information reviewed 6 Individual permit issued

With conditions and requirements for sampling and testing 7 Permit denied
**Responsible Person Steps**  **Central Office CO/ Geologist/Environme**  **ntal Specialist** 1. Receive notification and fee to operate injection well


###  If application (See Section Six) is requested, send information packet to applicant


###  Assist applicant with application information 

###  Review application information when application is submitted 

###  Review appropriate file information


###  Schedule site inspection Level of Effort for this step: 0.2

- 1.0 hours (Depends on site complexity) **CO/EFO Geologist Environmenta** **l Specialist**  2. Conduct on

-site inspection 

###  Review application information


###  Review site specific operating parameters 

###  Determine site suitability for injection well


###  Correct application information, if necessary 

###  If general authorization can be issued, go to step 3 

###  If individual permit can be issued, go to step 4 Level of Effort for this step: 1.0

- 12 hours (Depends on travel time to and from site location) **CO/ Geologist/ Environmental**  3. General authorization can be issued 

###  Authorization can be issued in the field or from the office

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**Specialist** 

###  Assist applicant with additional application information 

###  Determine conditions for authorization


###  Fill in authorization form letter 

###  Give authorization to applicant, or mail to applicant 

###  Copy authorization to other agencies and individuals affected by the authorization (e.g., other state agencies, local government entities, EPA) Level of Effort for this step: 0.2

- 2.0 hours (Depends on availability of information necessary to write permit)
**CO Geologist** 4. Individual permit must be issued 

###  Assist applicant with filling out/correcting application 

###  Begin to determine specific conditions for permit


###  Ask applicant for additional information 

###  Individual permits are required for all Class I and Class II wells and any Class V wells that may employ the use of innovative technology, sensitive land use, etc 

###  All individual permits must have a public hearing Level of Effort for this step: 1.0

- 12 hours (Level of effort for this step is determined at step 2) **CO Geologist** 5. Receive and review additional technical information 

###  Is all information submitted?


###  Is information acceptable? 

###  If additional information is needed, request from applicant 

###  If public notice option (innovated technology, sensitive land use, etc.) is needed follow public participation process Level of Effort for this step: 1.0 hours

- 180 days (Depends on complexity of material) **CO Geologist** 6. Issue individual permit if acceptable


###  Using authorization letter, modify by including specific site conditions and limits 

###  Send permit to applicant Level of Effort for this step: 0.5 hours (Typical work history)
**CO Geologist** 7. Deny individual permit if appropriate 

###  Notify applicant by phone and letter 

###  Advise applicant to modify and resubmit information


###  If applicant resubmits information, go to step 5

### 8  Advise applicant of appeal process


###  If applicant appeals denial, follow appeal process Level of Effort for this step: 2.0 hours (Typical work history)

The State of Tennessee does not contain within its borders any Tribal Lands; therefore there are no provisions for regulations on tribal lands within the borders of the State of Tennessee. All public notices for the UIC program will be issued following the Uniform Administrative Procedures Act Tennessee Code Annotated (T.C. A.) 4

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-101 (Section 5). This act sets the time frame for all public notices and the official procedures for notification of the public and other interested parties for all public notices in T.C.A. 4

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-203.

**4**
**- 5** **- 203. Notice of hearing.**  (a) Whenever an agency is required by law to hold a public hearing as part of its rulemaking process, the agency shall: (1) Transmit written notice of the hearings to the secretary of state for publication in the notice section of the monthly administrative register and, if a statute applicable to the specific agency or a specific rule or class of rules under consideration requires some other form ofpublication, publish notice as required by that statute in addition to publication in the notice section of the monthly administrative register; and (2) Take such other steps as it deems necessary to convey effective notice to persons who are likely to have an interest in the proposed rulemaking.

(b) Except as otherwise permitted by § 4

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-204(e), notice through publication in the monthly administrative register shall be given at least forty

-five (45) days prior to the date set for the hearing and shall be deemed to have been given on the first day of the month after the month in which the notice was transmitted to the secretary of state for such publication.

(c) The notice which this section requires an agency to give shall include:

(1) A statement of the time and place at which the hearing is to be held; (2)

### 9 (A) The express terms of the rule being proposed; provided, that an informative summary reasonably calculated to give notice to interested parties may be substituted for the express terms of the proposed rule if: (i) The express terms of the rule being proposed are filed with the secretary of state; (ii) The secretary of state determines that publication of the entire text of the proposed rule would be impractical; and (iii) The complete text of the express terms of the proposed rule is made available by the secretary of state or the agency for public inspection and copying;

(B) Nothing in this section shall be construed to preclude an agency from making changes in the rule being proposed after the public hearing, so long as the changes are within the scope of the rulemaking notice filed with the secretary of state; (3) Insofar as practicable, a reference to the statutory authority pursuant to which the agency proposed to adopt the rule; and (4) Any additional matter which may be prescribed by statute applicable to the specific rule or class of rules under consideration.

(d) Failure of any person to receive notice of a hearing on proposed rulemaking is not grounds for invalidating the resulting rule if notice of the hearing was published as provided in subdivision (a)(1).

(e) The secretary of state shall prescribe rules governing the manner and form in which written notice of hearings shall be transmitted by the agencies to the secretary of state for publication in the notice section of the monthly administrative register. The secretary of state may refuse to accept for publication any notice of hearing transmitted that does not conform to such requirements, in which case transmission of notice shall be deemed not to have been satisfied under the provisions of subdivision (a)(1) and subsection (b). [Acts 1975, ch. 370, § 8; T.C.A., §§ 4

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**ORGANIZATION** The Division of Water Supply will house the Underground Injection Control Program for the State of Tennessee. The Division is located within the Department of Environment and Conservation. The

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Division Director is responsible to the Senior Water Director who answers to the Deputy Commissioner of Environment who reports to the Commissioner of the Department. The Commissioner of Environment and Conservation is a member of the Governor’s Cabinet. The day

-to-day operation of the UIC program will be carried out under the Ground Water Management Section within the Division of Water Supply. (Please see attached organizational chart). The UIC program is staffed with an Environmental Specialist 5 part time in the role of UIC Coordinator for the State out of the Central Office in Nashville. The position is funded by the Section 106 Ground Water Grant. This person is currently the main contact for all UIC issues in the State and also acts as the Assistant Source Water Protection Coordinator. This position has the primary responsibility for coordinating the statewide Underground Injection Control Program (UIC) and consulting with the EPA’s UIC program staff. Under this person is a Geologist 4 who will have the primary responsibility for the daily field operation of the program. The duties of this Geologist 4 position include evaluation of property for issuance of construction permits for UIC issues, issuance of construction permits, construction inspections, and compliance inspections once the system is in operation to determine compliance with regulatory requirements. All Ground Water Management (UIC) staff are involved in the collection of water/waste water samples, evaluation of subdivision plats for storm water, investigating complaints, providing technical assistance, and issuing UIC permits for Class I, Class II, Class III and Class V injection wells. Other duties include providing technical assistance to other divisions and the regulated community on groundwater treatment technologies. The UIC Coordinator is also responsible for instituting enforcement actions when the regulated community is found to be in non

-compliance. This position requires overnight travel; work with computer databases, fieldwork, tracking of multiple projects, and public interaction. A general knowledge of the geology of the State is also required. The UIC Coordinator also has two field office staffers on a part

-time basis. One of these two positions is a Environmental Protection Specialist 3 (engineering degree is required, but not a Professional Engineering (P.E.) certification) in Knoxville and the other is an Environmental Specialist 3 in Johnson City. These are located in the Knoxville Environmental Field Office (EFO) and the Johnson City Environmental Field Office (EFO). The duties of these positions include property evaluation for issuance of construction permits for UIC issues, construction inspection, and compliance inspections after the system is in operation, water/waste water sample collection, subdivision plat evaluations for storm water, complaint investigations, and providing technical assistance to owners of Class V injection wells. Other duties include providing technical assistance to other Divisions and the regulated community on groundwater treatment technologies. The UIC inspector is also responsible for instituting enforcement actions when the regulated community is found to be in non-compliance and other duties as deemed necessary. The Division of Water Su pply has staff in seven of the eight Environmental Field Offices (EFOs) across the State; each Environmental Field Office contains staff that is at the disposal of the UIC Coordinator for field inspections while working within the geographical boundaries of each EFO. The UIC Coordinator will be responsible for the Class II program. The Division of Water Supply will continue to work closely with the Division of Water Pollution Control, which houses the State’s Oil & Gas Program. Both of these Divisions fall under the ju risdiction of the Commissioner of Environment and Conservation and the Senior Water Director. The Division of Water Pollution Control has two field inspectors who are knowledgeable in all aspects of the production and storage of crude oil and gas, and will be a valuable resource for the UIC program. The UIC program is responsible for the operation and inspection of the Class II program but is currently writing a MOA with the Oil and Gas Program in order to train their inspectors to help with the program. Once this MOA is completed a copy will be submitted to EPA as a supplemental portion to this section.

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The UIC Coordinator will be responsible for all Class V Large Capacity Septic Systems (commercial, industrial and large residential), as well as the rest of the Class V program. Currently the State of Tennessee has personnel from the Division of Ground Water Protection (part of the Department of Environment and Conservation) in most counties in the State. The Division of Groundwater Protection has the responsibility for permitting the location of all subsurface sewage disposal systems in the state. The Division of Water Supply and the Division of Ground Water Protection have an existing Memorandum of Understanding (see attached MOU Section 5) on how the large capacity systems are to be handled. The Division of Water Supply will assess each system on the type and content of injected fluid, while Ground Water Protection will address the size of the tank; the amount of field line required and soil type for each of the systems. No Large Capacity Septic System will be operated without authorization from both Divisions. This agreement offers the UIC Coordinator an active field presence in each county in the State.

### 12 DEC FLOW CHART

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## Electronic versions please insert PDF File DEC Flow

### 14 DWS FLOW CHART

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## Electronic versions please insert PDF File DWS Flow

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**ESTIMATED COSTS**  **OF ESTABLISHING**  **AND OPERATING**  **THE PROGRAM**  **WITH FUNDING SOURC** **ES** Tennessee has an operating program covering the UIC issues in the State. The estimated costs for the establishment of an Underground Injection Control program in Tennessee are already absorbed by the State. In order to maintain this program it is estimated that one hundred twenty

-three thousand thirty six dollars ($123,036) will be required to operate the existing UIC program for the State. The money is to come from a federal grant (see Application for Federal Assistance) and money from the State f ee program. The program is itemized below with current and estimated operating monies. A breakdown of this sum is as follows: Item Federal Funds ($) State Funds ($) A Personnel 48,198.00 26,350.00 B. Fringe Benefits 14,459.40 7,905.00 C. Travel 3,391.32 500.00 V. D. Equipment 1,000.00 100.00 Expenditure E. Supplies 1,000.00 100.00 by F. Contractual 0.00 0.00 Object Class G. Other Direct Charges 0.00 0.00 H. Indirect Charges 12,951.28 7,080.51 I. Total 81,000 42,035.51 A. Administration 5,400.00 8,126.96 B. Permitting 10,800.00 5,604.80 C. Surveillance, Inspection, and Quality Assurance 27,000.00 11,209.60

VI

. D. Enforcement 10,800.00 5,604.80 Expenditure by Program E. Aquifer Identification and Exemption 0.00 280.54

Element F. Class V Assessment 21,600.00 0.00 G. Data Management 2,700.00 5,604.80 H. Public Information, Training, and Technical Assistance 2,700.00 5,604.80

I. Other 0.00 0.00 J. Total 81,000.00 42,036

Of the One

-hundred twenty

-three thousand thirty six dollars ($123,036), the State expects to receive from the Environmental Protection Agency in fiscal year 10

-11, Eighty one thousand ($81,000.00). The Fees

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from the individual users is estimated to be at or around forty two thousand thirty six dollars ($42,036). Any fee monies collected by the UIC program are placed in individual cost centers under the Environmental Protection Fund (EPF) to be used by the UIC program as needed. **ENFORCEMENT AND COMPLIANCE TRACKING**
The purpose of this policy and procedures statement is to define the roles, activities and responsibilities for the Division of Water Supply personnel whose duties include enforcement tasks relevant to T.C.A. Sections 68

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-701 et seq., 68

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-901 et seq., 69

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-101 et seq., and 69

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-101 et seq. and the attendant rules and/or regulations promulgated thereto. In addition, it establishes a methodology for ensuring a systematic and consistent process for those enforcement actions and decisions in a manner designed to be consistent with the similar policies and procedures adopted by the Bureau of Environment within the Department of Environment and Conservation. The Division of Water Supply’s mission falls within the overall mission of the Tennessee Department of Environment and Conservation. To achieve its mission within the Department the Division provides training and technical assistance, license and enforcement, review, and investigation. The Division protects the public and assumes the role of a public advocate by regulating underground injection; including the taking of enforcement actions against those who violate the acts, laws, and rules that the Division is responsible for administering. The Division of Water Supply’s Enforcement Section is responsible for determining if sufficient documentation is available to establish non-com pliance, drafting of orders and tracking compliance with orders issued. The Division of Water Supply discovers violations of the Safe Drinking Water Act and the Tennessee Water Quality Control Act (Tennessee’s UIC program is authorized by the Water Quality Control Act) through several means. In addition to discovering violations while conducting complaint investigations, staff also identifies violations while conducting on

-site evaluations of facilities. These are announced and unannounced on-site inspections of the facilities where samples may be taken and reviews of all required reporting data submitted to the State. Though many deficiencies are often identified, the Division uses several methods to insure pu blic safety. Often times an immediate site rectification is needed. And the owner/operator is notified and voluntary corrective actions are taken immediately without further enforcement actions being required. If deficiencies are not addressed by a facility and the deficiencies persist then more formal enforcement actions proceed. Some deficiencies have been identified by DWS staff as items, which are “critical” to the protection of quality groundwater and/or essential to proper management of an injection system. These deficiencies must be addressed by the facility immediately and trigger further enforcement. In these instances the facility receives a Notice of Violation (NOV) or Notice of Noncompliance (NONC) and may be subject to additional enforcement action to achieve compliance. A **Notice of**  **Violation (NOV)**  is an initial notification that the recipient has committed a violation of statute or rule. It cites the statute or rule violated, and describes the failure or action, which constitutes the violation. The NOV normally will direct a course of action to correct or mitigate the violation, and set a compliance deadline by which such action must be completed. The NOV is considered to be an "informal" enforcement action, and does not assess a civil penalty. A **Notice of**  **Non -** **Compliance (NONC)**  is a second notification to a regulated party of the regulated party's failure to comply with the provisions of an earlier NOV. It is an appropriate action in either of two circumstances:

### 18 a. The violator has failed to perform or accomplish corrective actions directed by the Department in a NOV in accordance with the prescribed compliance deadline; or, b. the violator has committed a second violation of the same statute or rule section as was previously cited in a NOV issued to that violator. In this case, the violator is put on notice by the previous NOV that a certain action or omission constitutes violation of a statute or rule, and subsequently commits a second violation, thereby "failing to comply" with the previous notice. A NONC is again considered to be an "informal" enforcement action and does not assess a civil penalty, but normally will request a meeting with the regulated party to discuss the violation and obtain a commitment from the regulated party to correct the violation and to come into and remain in compliance. Such a meeting is commonly called a Compliance Review Meeting (CRM). At the CRM, the violator is asked to sign a Letter of Agreement (LOA), which is a voluntary stipulation by the violator that he will take certain specified actions to come into and remain in compliance. If the violator declines to execute this voluntary compliance agreement, the Division may issue a Compliance Schedule, as part of a Commissioner’s order which is a non-voluntary directive issued on behalf of the Commissioner and intended to prescribe actions, which the regulated party is to take to achieve compliance. Failure by the regulated party to comply with the corrective actions contained in either a Letter of Agreement or a Compliance Schedule will normally result in formal enforcement action, including administrative sanctions and assessment of civil penalties. Although the above steps are typically followed, this is a matter of policy and not required by statute or rule. If there is a need for immediate formal enforcement to protect human health or environment this can be done under the Commissioner’s authority. In addition to identifying violations through complaint investigations, the Division of Water Supply (DWS) identifies violations through the submittal (and/or non-submittal) of samples**,** data, and/or plans/studies/certifications. Examples of violations identified in this manner include the failure by a facility to collect required injectate monitoring samples in accordance with permit. Prior to the issue of the NOV or NONC, all documentation must be reviewed by the program manager, and the EFO or NCO for concurrence and/or notice. Once reviews have been performed and concurrence reached, the NOV or NONC is issued to the violator (See the “Overview of the Enforcement Process” table below which identifies the major steps in the enforcement process.)

**OVERVIEW OF THE ENFORCEMENT PROCESS GENERALLY USED BY DIVISION**

**PROGRAM REGARDING COMMISSIONER’S ADMINISTR** 

**ATIVE ORDERS*** **Drinking Water**  **Safe Water**  **Water Well**  **Dams Environmental**  **Program, Program**  **Program Health**  **WHP and Act**  **UIC Programs**

______________________________________________________________________ NOV NOV NOV NOV

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NONC1 NONC1 NONC1 NONC1 NONC2 NONC2 NONC2 NONC2 EAR EAR EAR EAR CRM CRM CRM CRM NONC3 NONC3 NONC3 NONC3 CO* CO* CO* CO* WQCB

- - WEHB

*Director’s Administrative Orders may be issued at any time subsequent to formally notifying a violator of deficiencies. ACRM or SCM may be required at the discretion of the Director under delegated authority (see section 9 Director’s Order). Once a NOV is issued, division staff will monitor the situation to determine if the violator responds to the notice and corrections are made or violations cease. Where compliance is not achieved, DWS staff may issue a Notice of Noncompliance (NONC), and request a Compliance Review Meeting (CRM) if the practice warrants discussion with the respondent. Issues which warrant a CRM, include those where the respondent may not be clear on process or procedure, or time is needed to bring the practice or situation into compliance. The result of a CRM should be a Letter of Agreement (LOA), whereby the respondent makes a commitment to achieve compliance within a specific time frame. Where compliance is achieved as a result of these efforts enforcement may be ceased. Where compliance is not achieved as a result of the CRM, staff shall prepare an Enforcement Action Request (EAR) documenting the non-com pliance and the Division of Water Supply’s efforts to assist the respondent to achieve compliance. The EAR will then be reviewed thoroughly by the Division’s Enforcement Coordinator for accuracy and completeness. The Division or respondent may request a Compliance Review Meeting (CRM) if it is felt the respondent needs further explanation of the violations or is willing to accept a Letter of Agreement (LOA). A Compliance Review Meeting allows the Division to gather other information that may negate the need for enforcement or may provide further documentation. Both of these processes are established for the Division to inform a violator and attempt to reach an agreement with the violator. These steps can be skipped and formal enforcement instituted if the violation is one that will cause harm to the environment and or human health, or if the violator does not wish to work with the Division. The CRM should be used to come to an understanding of the situation, provide additional time, obtain a commitment, or gather additional information on the respondent’s efforts to comply. Where the DWS does not achieve further progress in either one of these objectives further enforcement should be initiated and a letter sent to the respondent informing the respondent of the Division’s intention to pursue further enforcement action. Where compliance is achieved within the parameters of the Letter of Agreement (LOA) enforcement may cease and the case closed. Further enforcement is pursued either through the issuance of a Director’s Order (DO) or a Commissioner’s Order (CO). Adirector’s order is somewhat analogous to a “speeding ticket.” It is a quicker procedure with the level of fine typically on the order of $250 to $1,000. This is to be used when the violation is considered to be less significant or a quicker response is needed to protect human health or the environment. ACommissioner’s Order is placed on a violator when the violation is significant or requires a more in

-depth repair and or a larger penalty is warranted. The proper mechanism is determined by whether or not the Director has been delegated the authority to address the particular issues through a Director’s order. Where authority has not been delegated to the Director, an EAR and Draft

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Commissioner’s Order must be sent to the Department’s Office of General Council (OGC) for review. Follow

-up enforcement action is the responsibility of the OGC, e.g. modifications to the draft order, routing and review of the order. Once the Order is signed by the Commissioner, the Order is served to the responsible party. Once a Director’s Order or Commissioner’s Order is issued via Certified Mail the date of the signed receipt sets the 30 day clock to an appeal using the date t he Respondent received the Order. The respondent may choose to comply with the order according to the schedule and actions dictated by the order; he may ignore the order or the respondent may appeal the order. If the respondent chooses to ignore the order the matter must be pursued in either General Sessions Court (in the event that it is a collection issue) or Chancery Court. In such instances the Division through counsel may seek to have the respondent’s operation closed, equipment impounded, or other appropriate action taken. If the respondent appeals the order the matter must be referred to OGC (if the appeal was sent to the DWS) to be scheduled to be heard before the Water Quality Control Board with an Administrative Law Judge (ALJ). Where a matter is appealed, the respondent must do so in a timely matter (usually 30 days) and provide reasons for the appeal. Prior to the case being heard by a board and ALJ the parties often negotiate on the issues. If an agreement can be reached relative to the amount of penalty, timeframe for coming into compliance, etc. the board may approve the Agreed Order. Cases heard by a board and subsequently appealed are then scheduled with an ALJ present at the Board hearing. Enforcement actions go to public notice as stated in the Memorandum on Enforcement (See Section 4 end of MOA). The State is required to follow the Uniform Public Procedures Act T.C.A 4

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-301 et seq. on all matters of business.

**Normal Enf** 

**orcement Procedures** 

- The procedures of this part will be applied and implemented for violations that are not considered potentially dangerous to the environment and/or an imminent health hazard. These would include violations, which, if continued over an extended period of time, could result in degradation of the environment and/or the health of individuals in the area. These violations are processed as described in the following procedures (note

- an emergency would warrant skipping many of these steps): STEP # ACTIVITY DATE/INITIAL MANDATED DUE DATE **1** Violation discovered or validated through reporting or monitoring data, an inspection, sanitary survey, complaint investigation or other type of inspection EFO or Nashville Central Office

**a**. Hand deliver or mail a Notice of Violation to the violator. The correspondence shall be designated as “Notice of Violation.” In the event that the Notice of Violation is being forwarded to a government entity, the Notice of Violation should be sent to the highest ranking or principal official with copies being sent to other applicable persons. Within thirty (30) days of violation discovery. Within ten (10) days of receipt from Nashville Central Office for reporting or monitoring violations

**b.** The Notice of Violation should cite those violations found and include a

### 21 reasonable compliance deadline **2**

. Perform Follow

-up inspection activity to assess compliance measures. EFO or Nashville Central Office Within thirty (30) days of expiration of compliance deadline. **a**. If violation is corrected no further action is required by the violator. The Division may assess civil penalties and damages. The case must be appropriately documented and included in the file. **b**

. Written report documenting follow

up activity must be prepared indicating results and finding of follow

-up inspection. **3**

. If a violation is not corrected a Second Notice of Violation may be issued to a violator with an abbreviated compliance deadline. Depending upon the situation, a Notice of Non

-com

pliance may be issued to the violator. Ifthe situation warrants issuance of a NONC, a Compliance Review Meeting may be scheduled if applicable. EFO or Nashville Central Office

**a.** The Second Notice of Violation, or NONC, if for the same violation, shall be hand delivered or issued by certified mail delivery to a violator. The Notice shall be designated as a “Second Notice” of Violation or Non

-Compliance. Within fifteen (15) working days of follow

-up activity

**b**

. The NONC shall be hand delivered or issued by certified mail delivery to a violator. The Notice shall be designated as a “Notice of Non

Compliance.” ACRM shall normally be scheduled within thirty (30) days of such notice to address the violations. Within fifteen (15) working days of follow

-up activity

**c.** A LOA shall normally be of fered to a violator (exception

- cases of fraud), during the CRM, for execution as a method to address compliance issues. The LOA shall be designated as “Letter of Agreement.” The document shall set forth specific terms and dates for compliance. In the event a violator wishes to review the During the CRM and in no case to exceed fifteen (15) days subsequent to the CRM

### 22 document prior to execution, a date of return shall be established. **4.** Perform follow

-up activity. Staff which initiated a LOA are responsible for tracking of deadlines established therein. EFO or Nashville Central Office Within thirty (30) days from expiration date of compliance deadline

**a.** If violation is corrected no further action is required. Appropriate documentation included in file. **b.** If the violation is not corrected, the violator fails to attend the scheduled CRM, the LOA offered to a violator is not returned, or the LOA has been compromised, a written report shall be made of the relevant follow

-up activity. As soon as possible but within fifteen (15) days of follow

-up activity

**5.** Prepare and submit an Enforcement Action Request (EAR) file to the Enforcement Section. Nashville Central Office Within thirty (30) days of follow

-up activity **6.** Enforcement Section Manager and staff determine appropriate course of action considering recommendation of EFO Office Manager or Section Manager. Nashville Central Office Dependent upon case load and state of EAR file completeness

- action normally initiated within thirty (30) days of receipt

**Division Director’s Order Procedure**

**1.** Enforcement Section presents

EAR file and penalty proposal to Division Director and obtains approval to proceed. Nashville Central Office Within ten (10) days of

determining appropriate course of action **2.** Enforcement Section prepares an

administrative order for the Director’s signature. The Division Director issues an administrative order in approved format. Division Director may elect to request that the violator attend a CRM prior to issuance of an administrative order in which case the time frame will be modified. Nashville Central Office Within five (5) days of

being notified of approval by Division Director

**3.** Perform follow

-up activity if

appropriate to verify compliance with order. EFO or Nashville Central Office Within ten (10) days of

compliance deadline

**a.** If in compliance no further action

required. Include appropriate documentation to EAR file. Within ten (10) days of follow

-up activity

### 23

**b.** If not in compliance or penalties

unpaid, include necessary documentation for submittal to Office of General Counsel for action or collection. Within ten (10) days of follow

-up activity

**DELEGATION OF COMMISSIONER’S AUTHORITY UNDER**  **THE WATER QUALITY CONTROL ACT Underground Injection Control Program** 

**1. Purpose**  The Division of Water Supply (DWS) is responsible for regulating the injection of fluids and other substances to the State’s underground water resources. The Division is continually seeking the most efficient and effective means of preventing the pollution of the State’s ground water resources to ensure protection of the environment and the citizens of the State of Tennessee.

**2. Facts**  The focus of the Water Quality Control Act (T.C.A. Section 69

-3

-101 et seq.), and the Underground Injection Control Regulations promulgated under it is to safeguard the public health and the quality of the environment by protecting the ground waters ofthe State. The rules utilized to regulate injection activity are by necessity preventative in nature. Consequently, immediate enforcement action is often necessary to alleviate any activity which might contaminate the ground water resources of the State. Inorder to effectively and efficiently administer this Act and regulations, the DWS submits this proposal to enable the Division to address similar cases in an efficient manner. This system will allow enforcement to be more timely, which makes it more effective. In the event the violation(s) is (are) not abated or new violations are encountered and after consultation with OGC, DWS shall pursue appropriate additional enforcement action, either administrative or judicial.

**3. Proposal**  The DWS proposes to issue a “Director’s Order” in many instances for certain violations of the Act. Such violations include: the construction or operation of Class II and Class V injection wells, including the disposal of fluids into sinkholes without a permit, authorization or disposal outside the conditions of the permit, the failure to maintain or submit required records or reports, and the discharge of a pollutant affecting ground waters of the State. The failure to install or maintain erosion/sediment controls around a sinkhole are also addressed in this proposal. Noncompliance of Class I , Class III, and Class IV wells will be addressed through the enforcement procedures resulting in a Commissioner’s Order. In addition, the number of violations cited in a Director’s Order shall be tallied or computed identically to how they are numbered or tallied in a Commissioner’s Order, even though several violations (e.g. construction of a class II injection well without authorization and discharge of oil or other pollutant to a location affecting ground water) are categorized under one category, each shall constitute a separate violation. Each and every report required and due shall constitute a separate violation. In addition, each and every day a

### 24

violation occurs shall constitute a separate violation. Director’s Orders issued under this proposed delegation would be signed by the Division Director and mailed, by certified mail, to the offending violator. The procedure to be followed for a Director’s Order: 1. The Division will discover the violation and/or inspect the activity(s) being operated and/or review any records as may be available and necessary for verification; 2. The Division will prepare a Notice of Violation notifying the offender of the violation(s) and set a schedule for compliance if applicable; 3. Upon obtaining documentation of the violation (through an inspection or by confirmation of the records in the central office or both), DWS will prepare the Director’s Order and mail the document by certified mail; 4. Prior to issuance, the Director’s Order and supporting documentation will be reviewed by the Division Enforcement Chief and the Director; and 5. The Director’s Order may, dependent upon the circumstances, contain corrective actions which must be accomplished in order for compliance to be achieved. Civil penalties will be assessed on all such delegated Orders in accordance with the following schedule: **Activity/Violation Penalty**  Construction or operation of a Class II injection $1,500.00 well without permit or authorization Failure to operate a Class II injection well in $500.00 accordance with permit conditions Failure to maintain or submit required records $250.00 or reports Failure to properly plug and abandon Class II $1,500.00 injection well Discharge of oil brine, drilling fluid, or $3,000.00 other pollutant to a location affecting ground waters of the State without a permit or authorization by rule Construction, conversion or operation of a Class V $1,500.00 injection well without permit or authorization Failure to operate Class V injection well in $500.00 accordance with permit conditions Failure to file notification of operation of an $250.00 existing Class V injection well, or failure to

### 25

maintain or submit required records or reports Discharge of sewage to a well, sinkhole, $1,500.00 sinking stream, or subsurface fluid distribution system other than a subsurface sewage Disposal system permitted under the provision of Rule 1200

-1

-6

-.05 Discharge of industrial or commercial process $1,500.00 waste to a Subsurface Sewage Disposal System permitted under the provisions of Rule: 1200

- 1

-6

-.05. Disposal of commercial, industrial,

- $1,500.00 (Commercial or Industrial) or household waste into a sinkhole $500.00 (Household) Failure to install or maintain erosion/sediment $250.00 controls a round a sinkhole Failure to install or maintain treatment devices $500.00 required to prevent discharge of pollutants to a Class V well Failure to perform required monitoring of $250.00 injectate or ground water Failure to properly plug and abandon Class V $1,000.00 injection well Itis the intent of the Division that this enforcement mechanism be swift, cover a short period oftime and a small number of violations, and consequently will result in relatively small civil penalties. In the event the violation is not abated, then the failure to comply with the Director’s Order, as well as any continuing or new violations since its issuance may be the subject of additional enforcement action, either administrative or judicial. **Cont ingent Penalties Based on Corrective Actions**  Further, the Division of Water Supply is given authority to issue Director's Orders that include "corrective action." The scope of corrective action items addressed in a Director's Order shall include all violations which are addressed by this delegation. The DWS is given authority to assess contingent penalties for violations of the Act as set forth for the preceding violations not corrected as specified in the Director's Order. Failure to comply with the specified corrective actions shall result in contingent penalties which are twice (2x) the penalties assessed in the aforementioned paragraphs. The contingent penalties shall be due if there is not timely compliance with the specified corrective action.

### 26

**Co mmissioner’s Order Procedure**  **1.** Enforcement Section notifies

Division Director of violator’s failure to correct violation and prepares Notice of Compliance Review Meeting if applicable. The Notice shall indicate the history of violation and efforts to seek compliance. Further, the Notice shall establish the date, time and location of the meeting and request the violator’s attendance. The Notice shall typically schedule CRM within thirty (30) days of preparation of the Notice of CRM. The Notice shall be designated as “Notice to Meet.” Nashville Central Office Within ten (10) days of determining appropriate course of action

**2** Mail Notice of Compliance

Review Meeting (CRM) to violator by certified mail delivery if applicable. Nashville Central Office Within two (2) days of approval and signature of Division Director **3.** Conduct CRM if applicable. Nashville Central Office and EFO As scheduled in the Notice to Meet **a.** Allows a violator to present

evidence and explain why the violation was not corrected within stated compliance schedules or as a result of previous actions. **b.** Evaluates violators’ explanation

for occurrence of violations and allows Division to decide upon a course of action. **4.** Issue correspondence subsequent

to CRM conveying Division’s decision regarding enforcement action Nashville Central Office Within fourteen (14) days of the CRM

**a.** If violator demonstrates good

cause for violation, Division may decide to postpone enforcement action. **b.** If violator does not demonstrate

good cause for violation, enforcement shall proceed normally as a Commissioner’s Order. However, a Director’s

### 27 Order may be issued if circumstances are favorable for issuance of such document. **5.** Enforcement section prepares a

request for legal action to be submitted to the Office of General Counsel with supporting documentation. Enforcement section also prepares a draft Commissioner’s Order to be included in the request for legal action. Nashville Central Office Within thirty (30) days of the letter advising violator of Division’s intent to pursue enforcement action

**a.** Recommends priority for

handling of case **b.** Includes civil penalty calculation

and matrix **6.** Upon notification of acceptance

of the request for legal action, the Division shall submit the draft Commissioner’s Order to the assigned attorney via E

-mail or by micro

-disk. Nashville Central Office As soon as possible but not to exceed three (3) days from date of request

The penalties set by the Delegation of Commissioners Authority are only a limit on the administrative procedure of a Director’s Order and are calculated as penalty amount times day times number of wells in non-com pliance. 40 CFR 145.13 states the minimum level for the top of the range of penalty authority in a court action. For the state UIC program this is set by T.C.A. Section 69

-3

-115 at Ten thousand ($10,000) dollars per day of violation, which means each well, per day, per violation. **Authority To Stop Any Unauthorized Activity Endangering Public Health Or The Environmen t**  The UIC program operates under the Tennessee Water Quality Control Act (TNWQCA) which allows the commissioner the authority to take the following actions to stop any unauthorized injection activity which may endanger the public health or the environment: 69

-3

-117. Proceedings against violators

- Injunctions. The commissioner may initiate proceedings in the chancery court of Davidson County or the county in which the activities occurred against any person who is alleged to have violated or is about to violate this part, conditions of permits issued under this part, the rules and regulations of the board or orders of the board or commissioner. Insuch action the commissioner may seek, and the court may grant, injunctive relief and any other relief available in law or equity. Specifically, the commissioner may seek injunctive relief against industrial users of publicly owned treatment works who fail to pay user or cost recovery charges or who violate pretreatment standards or toxic effluent limitations established as a condition to the permit of the treatment works. [Acts 1971, ch. 164, § 16; 1972, ch. 444, § 1; 1977, ch. 366, § 1; 1979, ch. 422, § 22; T.C.A., § 70

-339; Acts 1984, ch. 804, § 9.] 69

-3

-107. Duties and authority of the commissioner.

### 28

In addition to any power, duty, or responsibility given to the commissioner under this part, the commissioner has the power, duty, and responsibility to: (1) Exercise general supervision and control over the quality of all state waters, administer and enforce all laws relating to pollution of such waters, and administer and enforce this part, and all standards, policies, rules, and regulations promulgated thereunder; (2) Administer oaths, issue subpoenas, and compel the attendance of witnesses and production of necessary data for all purposes of this part; (3) Bring suit in the name of the department for any violation of the provisions of this part, seeking any remedy therein provided and any other statutory or common law remedy available for the control, prevention, and abatement of pollution; (4) Proceed against, as provided in this part, any owner or operator of any boat, located or operated on the waters of the state, that discharges or causes to be discharged any sewage, other wastes, or other substances into such waters in violation of this part or any rules or regulations promulgated under this part; (5) Make inspections and investigations, carry on research, or take such other action as may be necessary to carry out the provisions of this part; (6) Enter or authorize the commissioner's agents to enter at all reasonable times upon any property other than dwelling places for the purpose of conducting investigations and studies or enforcing any of the provisions of this part; (7) Advise, consult, cooperate, contract, and make other binding agreements with the various agencies of the federal government and with state and local administrative and governmental agencies, colleges and universities, or with any other persons: (A) Inf

urtherance of this part, the commissioner may require any state or local agency to investigate and report on any matters involved in water quality control; provided, that the burden, including costs, of such reports shall bear a reasonable relationship to the need for the reports and the benefits to be obtained from the reports; and (B) Inaddition, the department has the authority, subject to approval by the governor, to enter into agreements with other states and the United States relative to prevention and control of pollution in interstate waters. This authority is not be deemed to extend to the modification of any agreement with the state concluded by direct legislative act, but unless otherwise expressly provided, the department shall be the agency for the administration and enforcement of any such legislative agreement; (8) Apply for, accept, administer, and utilize loans and grants from the federal government, state government, and from any other sources, public or private, for prevention, abatement, and control of pollution of the waters of the state. The department is the water quality control agency for the state for the purpose of any federal water pollution control act;

### 29

(9) Prepare, publish, and issue such printed pamphlets and bulletins as the department deems necessary for the dissemination of information to the public concerning its activities; (10) Require the submission of such plans, specifications, technical reports, and other information as deemed necessary to carry out the provisions of this part or to carry out the rules and regulations adopted pursuant to this part; (11) Be the administrative agent for the board and panel to carry out the provisions of this part; (12) Make an annual report to the governor and the general assembly on the status of water quality, including a description of the plan, regulations in effect, and other pertinent information, together with any recommendations the commissioner may care to make; (13) Delegate to the director of the division with responsibility for water quality control any of the powers, duties, and responsibilities of the commissioner under this part except the commissioner's powers, duties and responsibility as chair of the board; (14) Issue permits and variances pursuant to § 69

-3

-108; (15) Inspect waters ofthe state where good cause is shown that the public health is threatened by pollutants therein and, upon verification by the commissioner, post or cause to be posted such signs as required to give notice to the public of the potential or actual dangers of specific uses of such waters or restrictions of uses of such waters; (16) Assess civil penalties in accordance with § 69

-3

-115; (17) Apply the provisions of this part against any person who discharges into a publicly owned treatment works who is causing a violation of this part, or who is in violation of applicable pre

-treatment standards; (18) Impose such restrictions, including an immediate cessation of connections and line extensions, upon the expansion of any sewerage or wastewater system as are necessary to mitigate or prevent violations of this part; (19) Prepare a written report on stream bank erosion in Tennessee to be delivered to each member of the general assembly by January 15, 2000. Such report shall contain the following: (A) An examination of the causes of stream bank erosion; (B) The effectiveness of existing and new methods of bank protection; (C) An assessment of stream bank erosion in Tennessee; and (D) Any other matter the commissioner deems relevant to stream bank erosion which may be of concern to the general assembly; (20) Conduct, or cause to be conducted, demonstration projects, to the extent of available funds, of methods of bank stabilization and debris removal in streams in western Middle Tennessee to be done as soon as is practicable and a report shall be made to the general

### 30 assembly after the performance of the chosen techniques has been observed through at least a full year; (21) Conduct, or cause to be conducted, a study or project comparing different techniques for stream bank stabilization and debris removal in streams in western Middle Tennessee to be done as soon as possible, either in conjunction with the project mentioned in the previous subdivision, or separately; (22) Develop a program of public education regarding simple, practical and affordable techniques for cleaning debris from streams and for stabilizing stream banks including field examples of activities permissible without permits and activities that may be accomplished if permits are obtained; and (23) Produce a video by not later than January 1, 1999, that shows the above examples, explains the requirements of the law and rules for these activities including the process of applying for a permit, and tells who to call for further assistance, which shall be distributed at no cost to public libraries and agricultural extension services. [Acts 1971, ch. 164, § 6; 1977, ch. 366, § 1; 1979, ch. 422, § 19; 1982, ch. 917, § 1; The TWQCA also allows for the Commissioner the authority to: 69

-3

-109. Complaints

- Orders for corrective action. (a) (1) Whenever the commissioner has reason to believe that a violation of

any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. (2) The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the board. (3) Any such order shall become final and not subject to review unless the person or persons named therein request by written petition a hearing before the board, as provided in § 69

-3

-110, no later than thirty (30) days after the date such order is served; provided, that the board may review such final order on the same grounds upon which a court of the state may review default judgments. (b) (1) Whenever the commissioner, with the concurrence of the governor,

finds that an emergency exists imperatively requiring immediate action to protect the public health, safety, or welfare, or the health of animals, fish, or aquatic life, or a public water supply, or recreational, commercial, industrial, agricultural, or other reasonable uses, the commissioner may, without prior notice, issue an order reciting the existence of such an emergency and requiring that such action be taken as the commissioner deems necessary to meet the emergency.

### 31 (2) If the violator fails to respond or is unable to respond to the commissioner's order, the commissioner may take such emergency action as the commissioner deems necessary, or contract with a qualified person or persons to carry out the emergency measures. The commissioner may assess the person or persons responsible for the emergency condition for actual costs incurred by the commissioner in meeting the emergency. (3) Furthermore, the commissioner is empowered to establish programs and procedures to qualify the state for emergency funding from the federal government. (c) Except as otherwise expressly provided, any notice, complaint, order, or other instrument

issued by or under authority of this part may be served on any person affected thereby personally, by the commissioner or any person designated by the commissioner, or such service may be made in accordance with Tennessee statutes authorizing service of process in civil actions. Proof of service shall be filed in the office of the commissioner.
[Acts 1971, ch. 164, § 8; 1971, ch. 386, § 3; 1977, ch. 366, § 1; T.C.A., § 70

-331.]

The UIC program also has the following procedures for receipt, evaluation, retention and investigation for possible enforcement of all notices and reports required of permittees and other regulated persons (and for investigation for possible enforcement of failure to submit these notices and reports): All notices and reports are to be submitted to the State as stated in the permit authorization letter. The notices and reports include all sampling parameters required as well as any other requirements for proof of maintenance, financial viability or other information deemed necessary by the Department. All notices and reports are to be submitted to the State in a format that has been approved by the State. Once these notices and reports are submitted they are to be logged

-in and reviewed by State personnel for completeness, accuracy and submission in a timely manner. Inaddition to independent information supplied by regulated persons, the state UIC program has inspection and surveillance procedures to determine if a site or facility is in compliance or noncompliance with all applicable program requirements. The State also maintains a program which is capable of making comprehensive surveys of all facilities and activities subject to the State Director's authority in order to identify persons subject to regulation who have failed to comply with permit application or other program requirements. Any compilation, index, or inventory of such facilities and activities shall be made available to the Regional Administrator upon request. The State is currently focusing on Class V injection wells in wellhead protection areas. The Division has people in the field during the wellhead survey recording all potential contaminant sources, including all facilities in the wellhead area that are on septic systems. The State contracted with Tennessee Valley Authority (TVA) to do a class V inventory in the Wellhead areas across the state the results of this study are in Section 9 TVA UIC Report. The State of Tennessee has the regulatory authority to identify and take action against persons subject to regulation who have failed to comply with permit application or other program requirements. The state’s regulatory authority for permitting UIC activities is set out in the following provisions of the UIC Rules.

**1200**

**— 4** 

**— 6** 

**— .07 Permit Required.** 

### 32

(1) Except for exclusions specified in paragraph 1200

—4

—6

—.03(3), all injection wells and activities must be authorized by permit or by rule. (2) For new injection wells, a permit must be obtained before construction commences, unless the injection is authorized by rule as described in paragraph 1200

—4

—6

—.14(2). (3) The owner or operator of an existing Class II or III injection well shall complete, sign and submit to the Department an application for permit in conformance with this Chapter within six (6) months from the date of approval of these Rules. The owner or operator must demonstrate to the satisfaction of the Department that the existing well complies with all applicable Rules of this Chapter. (4) Continued injection into existing Class V Wells is authorized by virtue of this rule provided compliance with rule 1200

-4

-6

-.05(1) and any other applicable r ules of this Chapter are maintained. Owners/operators of existing Class V wells that fail to maintain compliance shall immediately cease operation and submit an application. Owners/operators of all existing Class V wells shall submit an application within the appropriate time frame for each grand division as specified in this rule. Within six (6) months of the effective date of this rule, owner/operators of injection wells within the Western Grand Division must submit an application. Within twelve (12) months of the effective date of this rule, owner/operators of injection wells within the Central Grand Division must submit an application. Within eighteen (18) months of the effective date of this rule, owner/operators of injection wells within the Easter n Grand Division must submit an application. If an application for an existing Class V well is not submitted within the specified timeframe, the owner/operator shall be subject to ceasing discharge and applying for a Class V permit and an application fee for a new well as specified in 1200

-4

-6

-.18(1). (5) The Department may require the owner or operator of a Class V injection well authorized by rule to apply for and obtain an injection well permit. Cases for which a permit may be required include: (a) The injection well is not in compliance with the standards required by this Chapter. (b) Compliance with standards in addition to those listed in this Chapter is required to protect USDWs from pollution. (6) Reserved. (7) Class V wells utilizing innovative or experimental technologies, may not be authorized by rule, but only by a permit. The permit shall require a surety bond. (8) Emergency permits. (a) Coverage. Notwithstanding any other provision of this Rule the Commissioner may temporarily permit a specific underground injection if: 1. An imminent and substantial endangerment to the health of persons will result unless a temporary emergency permit is granted, provided the injection will not result in the movement of fluids into underground sources of drinking water; or 2. (i) A substantial and irretrievable loss of oil or gas resources will occur

unless a temporary emergency permit is granted to a Class II well; and

### 33 (ii) Timely application for a permit could not be practically made; and (iii) The injection will not result in the movement of fluids into underground sources of drinking water; or 3. A substantial delay in production of oil or gas resources will occur unless a temporary emergency permit is granted to a new Class II well and the temporary authorization will not result in the movement of fluids into an underground source of drinking water. (b) Requirements for issuance. 1. Any tem

porary permit under part (a)1 of this paragraph shall be for no longer term than required to prevent the hazard. 2. Any tem

porary permit under part (a)2 of this paragraph shall be for no longer than 90 days, except that if a permit application has been submitted prior to the expiration of the 90

-day period, the Commissioner may extend the temporary permit until final action on the application. 3. Any temporary permit under part (a)3 ofthis paragraph shall be issued only after a complete permit application has been submitted and shall be effective until final action on the application. 4. Notice of any temporary permit under this paragraph shall be published in accordance with paragraph (7) of Rule 1200

-04

-06

-.08 within ten days of the issuance of the permit. 5. The temporary permit under this paragraph may be either verbal, or written. If verbal authorization, it must be followed within 5 calendar days by a written temporary emergency permit. 6. The Commissioner shall condition the permit in any manner he or she determines is necessary to ensure that the injection will not result in the movement of fluids into an underground source of drinking water. Authority: T.C.A. §69

—3

—105. Administrative History: Original rule filed August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed February 17, 2010; effective date May 18, 2010

The State periodical inspections of the facilities and inspections shall be conducted in a manner designed to determine compliance or noncompliance with issued permit conditions and other program requirements as follows from the UIC rules 1200

-4

-6

-.08;
(4) Schedules of compliance (a) The permit may when appropriate specify a schedule of compliance.

### 34

(b) Time for compliance. Any schedule of compliance shall require compliance as soon as possible but in no case later than three (3) years after the effective date of the permit. (c) Interim dates. Except as provided in this section, if a permit establishes a schedule of compliance which exceeds one (1) year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievements. 1. The time between interim dates shall not exceed one (1) year. 2. If the time necessary for completion of any interim requirement (such as the construction of a control facility) is more than one (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. (d) Reporting. Progress reports shall be submitted no later than thirty (30) days following each interim date and the final date of compliance. The Commissioner has authority under 69

-3

-107 of the Tennessee Water Quality Act to: (1) Exercise general supervision and control over the quality of all state waters, administer and enforce all laws relating to pollution of such waters, and administer and enforce this part, and all standards, policies, rules, and regulations promulgated there under; (2) Administer oaths, issue subpoenas, and compel the attendance of witnesses and production of necessary data for all purposes of this part; (3) Bring suit in the name of the department for any violation of the provisions of this part, seeking any remedy therein provided and any other statutory or common law remedy available for the control, prevention, and abatement of pollution; (4) Proceed against, as provided in this part, any owner or operator of any boat, located or operated on the waters of the state, that discharges or causes to be discharged any sewage, other wastes, or other substances into such waters in violation of this part or any rules or regulations promulgated under this part; (5) Make inspections and investigations, carry on research, or take such other action as may be necessary to carry out the provisions of this part; (6) Enter or authorize the commissioner's agents to enter at all reasonable times upon any property other than dwelling places for the purpose of conducting investigations and studies or enforcing any of the provisions of this part; (7) Advise, consult, cooperate, contract, and make other binding agreements with the various agencies of the federal government and with state and local administrative and governmental agencies, colleges and universities, or with any other persons: (A) Inf

urtherance of this part, the commissioner may require any state or local agency to investigate and report on any matters involved in water quality control; provided, that the burden, including costs, of such reports shall bear a reasonable

### 35 relationship to the need for the reports and the benefits to be obtained from the reports; and (B) Inaddition, the department has the authority, subject to approval by the governor, to enter into agreements with other states and the United States relative to prevention and control of pollution in interstate waters. This authority is not be deemed to extend to the modification of any agreement with the state concluded by direct legislative act, but unless otherwise expressly provided, the department shall be the agency for the administration and enforcement of any such legislative agreement; (8) Apply for, accept, administer, and utilize loans and grants from the federal government, state government, and from any other sources, public or private, for prevention, abatement, and control of pollution of the waters of the state. The department is the water quality control agency for the state for the purpose of any federal water pollution control act; (9) Prepare, publish, and issue such printed pamphlets and bulletins as the department deems necessary for the dissemination of information to the public concerning its activities; (10) Require the submission of such plans, specifications, technical reports, and other information as deemed necessary to carry out the provisions of this part or to carry out the rules and regulations adopted pursuant to this part; (11) Be the administrative agent for the board and panel to carry out the provisions of this part; (12) Make an annual report to the governor and the general assembly on the status of water quality, including a description of the plan, regulations in effect, and other pertinent information, together with any recommendations the commissioner may care to make; (13) Delegate to the director of the division with responsibility for water quality control any of the powers, duties, and responsibilities of the commissioner under this part except the commissioner's powers, duties and responsibility as chair of the board; (14) Issue permits and variances pursuant to § 69

-3

-108; (15) Inspect waters ofthe state where good cause is shown that the public health is threatened by pollutants therein and, upon verification by the commissioner, post or cause to be posted such signs as required to give notice to the public of the potential or actual dangers of specific uses of such waters or restrictions of uses of such waters; (16) Assess civil penalties in accordance with § 69

-3

-115; (17) Apply the provisions of t his part against any person who discharges into a publicly owned treatment works who is causing a violation of this part, or who is in violation of applicable pre

-treatment standards; (18) Impose such restrictions, including an immediate cessation of connections and line extensions, upon the expansion of any sewerage or wastewater system as are necessary to mitigate or prevent violations of this part;

### 36

(19) Prepare a written report on stream bank erosion in Tennessee to be delivered to each member of the general assembly by January 15, 2000. Such report shall contain the following: (A) An examination of the causes of stream bank erosion; (B) The effectiveness of existing and new methods of bank protection; (C) An assessment of stream bank erosion in Tennessee; and (D) Any other matter the commissioner deems relevant to stream bank erosion which may be of concern to the general assembly; (20) Conduct, or cause to be conducted, demonstration projects, to the extent of available funds, of methods of bank stabilization and debris removal in streams in western Middle Tennessee to be done as soon as is practicable and a report shall be made to the general assembly after the performance of the chosen techniques has been observed through at least a full year; (21) Conduct, or cause to be conducted, a study or project comparing different techniques for stream bank stabilization and debris removal in streams in western Middle Tennessee to be done as soon as possible, either in conjunction with the project mentioned in the previous subdivision, or separately; (22) Develop a program of public education regarding simple, practical and affordable techniques for cleaning debris from streams and for stabilizing stream banks including field examples of activities permissible without permits and activities that may be accomplished if permits are obtained; and (23) Produce a video by not later than January 1, 1999, that shows the above examples, explains the requirements of the law and rules for these activities including the process of applying for a permit, and tells who to call for further assistance, which shall be distributed at no cost to public libraries and agricultural extension services.

**Public Reporting of Violations** Public effort in repor

ting violations shall be encouraged and the Commissioner shall make available information on reporting procedures by the following policy, which is also found in Section 4 of the final MOA :

In order to provide the citizens of the State of Tennessee and the regulated community with a fair and reasonable process for the protection of the drinking water resources of the State of Tennessee the UIC program provides Special procedures on Underground Injection Control Public Response to Complaints by a MOA with EPA and the State that states:

### 37

“Upon receipt of a complaint call the UIC staff will collect information as to the location of the activity, the nature of the problem, and the person(s) involved in the activity. The State will as resources allow investigate in a timely manner and provide written responses to all citizen complaints.” This policy is effective upon the signing of the Memorandum of Agreement with EPA. All UIC citizen complaints handled by the Division of Water Supply shall conform to this provision.

**Compliance Evaluation** The State UIC program has the authority in compliance evaluation to enter any site or premises subject to regulation or in which records relevant to program operation are kept in order to copy any records, inspect, monitor or otherwise investigate compliance with permit conditions and other program requirements. This is done under the following authority: The Tennessee Water Quality Control Act describes the duties of the Commissioner and their representative (UIC staff) t he authority to the following without a warrant in TCA 69

-3

-107 as follows: (5) Make inspections and investigations, carry on research, or take such other action as may be necessary to carry out the provisions of this part; (6) Enter or authorize the commissioner's agents to enter at all reasonable times upon any property other than dwelling places for the purpose of conducting investigations and studies or enforcing any of the provisions of this part; (7) Advise, consult, cooperate, contract, and make other binding agreements with the various agencies of the federal government and with state and local administrative and governmental agencies, colleges and universities, or with any other persons: (A) Inf

urtherance of this part, the commissioner may require any state or local agency to investigate and report on any matters involved in water quality control; provided, that the burden, including costs, of such reports shall bear a reasonable relationship to the need for the reports and the benefits to be obtained from the reports; and (B) Inaddition, the department has the authority, subject to approval by the governor, to enter into agreements with other states and the United States relative to prevention and control of pollution in interstate waters. This authority is not be deemed to extend to the modification of any agreement with the state concluded by direct legislative act, but unless otherwise expressly provided, the department shall be the agency for the administration and enforcement of any such legislative agreement; The same authority is specifically written into the UIC regulations promulgated under the Water Quality Control Act. This authority allows State personnel engaged in compliance evaluation the authority to enter any site or premises subject to regulation or in which records relevant to program operation are kept

### 38

in order to copy any records, inspect, monitor or otherwise investigate compliance with permit conditions and other program requirements.

The State UIC program will conduct all inspections, and sampling events as well as other information gathering in a manner [e.g., using proper "chain of custody" procedures] that will produce evidence admissible in an enforcement proceeding or in court. The State UIC program will verify the accuracy of information submitted by permittees and other regulated persons in reporting forms and other forms supplying monitoring data; and verify the adequacy of sampling, monitoring, and other methods used by permittees and other regulated persons. The State will issue permits based on the following rules:

**1200**

**— 4** 

**— 6** 

**— .08 Authorization By Permit For Injection Wells Not Authorized By Rule.**  (1) Permit Application

— All permit applicants for injection wells not authorized by rule shall provide the following information to the Department, using a form provided by the Department: (a) The activities conducted by the applicant which require it to obtain a UIC permit. (b) Name, mailing address, and location of the facility for which the application is submitted. (c) Up to four North American Industry Classification System (NAICS) codes which best reflect the principal products or services provided by the facility. (d) The operator’s name, address, telephone number, ownership status, and status as Federal, State, private, public, or other entity. (e) Whether the facility is located on Indian lands. (f) A listing of all permits or construction approvals received or applied for under any of the following programs: 1. Hazardous Waste Management program under federal or state law. 2. UIC program under federal or state law. 3. NPDES program under federal or state law. 4. Prevention of Significant Deterioration (PSD) program under federal or state law. 5. Nonattainment program under federal or state law. 6. National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under federal or state law. 7. Ocean dumping permits under the Marine Protection Research and Sanctuaries Act.

### 39 8. Dredge and fill permits under section 404 of the Clean Water Act, 33 U.S.C. Section 1344. 9. Other relevant environmental permits. (g) A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within a quarter mile of the facility property boundary. (h) A brief description of the nature of the business. (2) A permit application will be processed when: (a) A completed application form, all information required by these Rules and any supplemental information, as may be required, is submitted to the Department. The application shall identify (by narrative description, illustrations, maps, or other suitable means) and describe by geographic or geometric terms (including lateral and vertical limits and gradients) the area intended to be used as an injection zone. (b) The feasibility requirements that apply to the proposed injection well have been satisfied. (3) Duration of permits. (a) Permits for Class I and V wells and authorizations for Class V wells shall be effective for a fixed term not to exceed five (5) years. Permits for Class II and III wells may be issued for a period up to the operating life of the facility. Each Class II or III well permit shall be reviewed at least once every five (5) years to determine whether it should be modified, revoked and reissued, or revoked as provided in Paragraphs 1200

— 4

—6

—.08(7) and (8). (b) Except as provided by the Uniform Administrative Procedu res Act, T.C.A. §§4

—5

—101 et seq., the term of a permit shall not be extended by modification beyond the maximum duration specified in this rule. (c) The Department may issue any permit for a duration that is less than the full allowable term under this r

ule. (4) Schedules of compliance (a) The permit may when appropriate specify a schedule of compliance. (b) Time for compliance. Any schedule of compliance shall require compliance as soon as possible but in no case later than three (3) years after the effective date of the permit. (c) Interim dates. Except as provided in this section, if a permit establishes a schedule of compliance which exceeds one (1) year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievements. 1. The time between interim dates shall not exceed one (1) year.

### 40 2. If the time necessary for completion of any interim requirement (such as the construction of a control facility) is more than one (1) year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports ofprogress toward completion of the interim requirements and indicate a projected completion date. (d) Reporting. Progress reports shall be submitted no later than thirty (30) days following each interim date and the final date of compliance. (5) Effect of a permit (a) A permit may be revoked, suspended or modified during its term for cause, under T.C.A. §69

-3

-108(f). (b) The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege. (c) The issuance of a permit does not authorize any injury to persons or property or invasion of other property rights, or any infringement of other State, Federal or local laws or regulations. In particular, the issuance of a permit does not relieve a Class I, Class IV or Class V well permittee from any applicable requirement he may be subject to under the Tennessee Hazardous Waste Management Act (T.C.A. 6

—46

—101 et. seq.) (6) Transfer of permits

— A permit may be transferred by the permittee to a new owner or operator if the permit has been modified or revoked and reissued or a minor modification made. (7) Public notice of permit actions and public comment period. (a) Scope. The Department shall give public notice that the following actions have occurred: 1. A draft permit has been prepared. A draft permit shall contain:

(i) All permit conditions; (ii) All compliance schedules for corrective action; and (iii) All monitoring requirements. (b) Upon request, the Department shall send to the requestor copies of the foregoing documents. (c) Timing 1. Public notice of the preparation of a draft permit shall allow at least thirty (30) days for public comment. 2. Public notice of a public hearing shall be given at least thirty (30) days before the hearing. (Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.)

### 41

(d) Methods. Public notices of permit actions shall be given by the following methods: 1. By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this paragraph may waive his or her rights to receive notice for any classes and categories of permits): (i) the applicant; (ii) any other agency which the Department knows has issued or is required to issue a RCRA, PSD, NPDES or 404 permit for the same facility or activity; (iii) federal, state and local agencies with jurisdiction over fish, shellfish, and wildlife resources; the Advisory Council on Historic Preservation, state historic preservation officers, and other appropriate government authorities, including any affected States; (iv) persons on a mailing list developed by:

(I) notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in other publications such as Regional and State funded newsletters, environmental bulletins, or State law journals; and (II) including those who request in writing to be on the list. (The Department may update the mailing list from time to time by requesting written) indication of continued interest from those listed. The Department may delete from the list the name of any person who fails to respond to such a request. 2. By publication of a notice in a daily or weekly newspaper within the area to be affected by the facility or activity; 3. Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation. (e) Contents. All public notices of permit actions shall contain the following minimum information: 1. Name and address of the Department office processing the permit action for which notice is being given; 2. Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

### 42 3. A brief description of the business conducted at the facility or activity described in the permit application; 4. A description of the type and quantity of wastes, fluids, or pollutants which are proposed to be injected; 5. A brief summary of the basis for the permit conditions; 6. Reasons why any requested variances do or do not appear justified; 7. Name, address, and telephone number of a person from whom interested persons may obtain further information including copies of the draft permit, fact sheet when prepared, and the application; 8. A brief description of the applicable comment procedures including, the beginning and ending dates of the comment period, procedures for requesting a hearing, and any other procedures by which the public may participate in the final decision; 9. Reference to the date of previous public notices relating to the permit; 10. Date, time, and place of the hearing; 11. A brief description of the nature and purpose of the hearing including the applicable rules and procedures; and 12. Any additional information considered necessary or proper. (f) Public comments and requests for public hearings. During the public comment period, any interested person may submit written comments on the permit application or draft permit and may request a public hearing. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised. (g) Public hearings. The Department shall hold a public hearing whenever, as evidenced by requests, there is public interest in a draft permit. A public hearing may also be held at the Department’s discretion to clarify issues in the permit. (h) Consideration of comments and response. 1. All comments submitted during the public comment period and all hearing testimony shall be considered in making the final decision. 2. If a decision is reached to issue a final permit, the Department shall respond to comments when the permit is issued. This response shall: (i) Be made available to the public; (ii) Specify which provisions, if any, of the draft permit have been changed in the final permit, and the reasons for the change; and

### 43 (iii) Briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any hearing. (i) Notice of final permit decision. 1. After the close of the comment period, the Commissioner shall notify the applicant and each person who has submitted written comments, or requested notice, of the final permit decision. This notice shall contain reference to the procedures for appealing a permit decision. 2. A final permit decision shall become effective thirty (30) days after service of notice on the applicant of the final permit decision, unless a later date is specified in the notice, or a petition is filed pursuant to paragraph (j) or (k) below. (j) Within thirty (30) days of receipt of notice of a final permit decision, or prior to any later date specified in the notice, any person other than the applicant who has filed comments on that permit, or its drafts, may petition the Board for a hearing on the permit or any condition of the permit. The petition shall include a statement of all of the permit conditions which are challenged and the reasons supporting the challenge. This hearing shall be legislative in nature and shall not be a contested case within the meaning of T.C.A. §4

—5

—102, the Uniform Administrative Procedures Act. The Board shall make a recommendation on issuance or denial of the permit or permit conditions to the Commissioner that shall become final and effective in thirty (30) days if the Commissioner takes no action. (k) Within thirty(30) days ofreceipt of notice of a final permit decision, the permit applicant may file a petition with the Board for a contested case hearing pursuant to T.C.A. §§69

— 3

—105 and 4

—5

—301 et seq. (8) Modification or revocation and reissuance of permits.

—When the Department determines that one or more causes exist for modification or revocation and reissuance of a permit, the Department may modify or revoke and reissue the permit accordingly, subject to the limitations of subparagraph (c) of this paragraph, and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. If a permit modification satisfies the criteria for minor modifications, the permit may be modified without a draft permit or public review. Otherwise, a draft permit must be prepared and public review procedures as set out herein must be followed. (a) Causes for modification. The following are causes for modification and may be causes for revocation and reissuances. 1. Alterations. There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit. 2. Information. The Department has received information that was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and would have justified the application of different permit conditions

### 44 at the time of issuance. This cause shall include any information indicating that cumulative effects on the environment are unacceptable. 3. New regulations. The standard or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. Permits other than for Class 11 or III wells may be modified during their terms for this cause, only as follows: (i) For promulgation of amended standards or regulations, when: (I) The permit condition requested to be modified was based on a Departmental regulation; (II) The Department has revised withdrawn, or modified that portion of the regulation on which the permit condition was based; and (III) A permittee requests modification within thirty (30) days after public notice of the action on which the request is based. (ii) For judicial decisions, a court of competent jurisdiction has remanded and stayed Department promulgated regulations if the remand and stay concern that portion of the regulations on which the permit condition was based and a request is filed by the permittee in accordance with these regulations within thirty (30) days of judicial remand. 4. Compliance schedules. The Department determines good cause exists for modification of a compliance sched ule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy. (b) Causes for modification or revocation and reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit: 1. Cause exists for revocation and the Department determines that modification or revocation and reissuance is appropriate. 2. The Department has received notification of a proposed transfer of the permit. (c) Facility siting. Suitability of the facility location will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance. (9) Revocation of permits or denial of renewal application. (a) The Department may revoke a permit during term, or deny a permit renewal application for the following causes: 1. Noncompliance by the permittee with any condition of the permit;

### 45 2. The permittee’s failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee’s misrepresentation of any relevant facts at any time; or 3. A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or revocation. (b) Notice of intent to revoke and reissue, or terminate. If the Department tentatively decides to revoke and reissue a permit, a notice of intent to revoke and reissue, or notice of intent to terminate shall be issued. (10) Minor Modifications

— Upon the consent of the permittee, the Department may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this paragraph without following the entire permitting procedure. Minor modifications may only: (a) Correct typographical errors; (b) Require more frequent monitoring or reporting by the per mittee; (c) Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement; (d) Change quantities or types of fluids injected which are injected within the capacity of the facility as permitted and, in the judgment of the Department would not interfere with the operation of the facility or its ability to meet conditions described in the permit and would not change its classification; (e) Change a construction requirement approved by the Department, provided that any such alteration shall comply with all requirements of this rule; or (f) Amend a plugging and abandonment plan. (g) Allow for a change in ownership or operational control of a facility where the Commissioner determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the commissioner. (11) Confidentiality of information

—The handling of confidential information shall be governed by T.C.A. § 69

-3

-113. (12) Signatories to applications and reports. (a) Applications. All permit applications, shall be signed as follows: 1. For a corporation: by a responsible corporate officer. For the purpose of this part, a responsible corporate officer means (1) president, secretary, treasurer, or vice

president of the corporation in charge of a principal business function or any other person who performs similar policy or decision making functions for the

### 46 corporation, or (II) the manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross an nual sales or expenditures exceeding 25 million dollars (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Note: The Department does not require specific assignments or delegations of authority to responsible corporate officers identified in subpart (f). The Department will presume that these responsible corporate officers have the requisite authority to sign permit applications unless the corporation has notified the Commissioner to the contrary. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions under item (II) rather than the specific individuals. 2. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or 3. For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. (b) Reports. All reports required by permits, and other information requested by the Department, shall be signed by a person described in sub

-paragraph (a) above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described in subparagraph (a); 2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, or position of equivalent responsibility (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Department. (c) Changes to authorization. If an authorization under subparagraph (b) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subparagraph (b) must be submitted to the Department prior to or at the time any reports, information, or applications signed by an authorized representative are submitted. (d) Certification. Any person signing a document under this section shall make the following certification. “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant

### 47 penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” (13) Permit Requirements

— All UIC permits shall contain permit conditions established by the Commissioner as necessary to fulfill the purposes of the Tennessee Water Quality Control Act, T.C.A. §§69

—3

—101 et seq., a description of the injection zone being permitted, and any necessary corrective action as stated under rule 1200

— 4

—6

—.09(5). The permit conditions shall be set at levels to prevent adverse effects to persons utilizing the ground water resource after consideration of at least the following factors: any guidelines set for certain pollutants by U.S.E.P.A., the flow characteristics of ground water, risk to humans, and the risk of migration. The following conditions (a) through (n) apply to all UIC permits. All conditions applicable to all permits shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations must be given in the permit. (a) The permittee must comply with all conditions of this permit and all applicable laws and regulations. Any permit noncompliance constitutes a violation of the Tennessee Water Quality Control Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. (b) If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit prior to expiration of this permit. (c) Itshall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. (d) The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from non

-com pliance with this permit. (e) The permittee shall at all times properly operate and maintain all facilities and systems of related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision req

uires the operation of back

-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. (f) This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. (g) This permit does not convey any property rights of any sort, or any exclusive privilege. (h) The permittee shall furnish to the Department, within a time specified, any information which the Department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Department, upon request, copies of records required to be kept by this permit.

### 48

(i) The permittee shall allow Department personnel, or an authorized representative of the Department, upon the presentation of credentials to: 1. Enter upon the permittee’s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 3. Inspect at reasonable times any facility, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

4. Sample or monitor at reasonable times, for the purposes or assuring permit compliance or as otherwise authorized by the Tennessee Water Quality Control Act, any substances or parameters at any location. (j) Monitoring and records. 1. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. The permittee shall monitor injection fluids, injection operations, and local ground water supplies, in accordance with the requirements for the applicable class ofwell stated in rules 1200

—4

—6

—.10 through 1200

—4

—6

—.14. 2. The permittee shall retain records of all monitoring information, including the following: (i) Calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report, or application. This period may be extended by request of the Department at any time; and (ii) The nature and composition of all injected fluids until three years after the completion of any plugging and abandonment procedures. The Department may require the owner or operator to deliver the records to the Department at the conclusion of the retention period. 3. Records of monitoring information shall include:

(i) The date, exact place, and time of sampling or measurements; (ii) The individual(s) who performed the sampling or measurements; (iii) The date(s) analyses were performed;

### 49 (iv) The individual(s) who performed the analyses; (v) The analytical techniques or methods used; and (vi) The results of such analyses. (k) All applications, reports, or information submitted to t he Department shall be signed and certified. (l) Reporting requirements.

(i) Planned Changes. The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility. (ii) Anticipated noncompliance. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. (iii) Transfers. See subsections (5), (7), (8) and (9) of this Rule. (iv) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in this permit. (v) Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 30 days following each schedule date. (vi) Twenty

-four hour reporting. The permittee shall report any noncompliance which may endanger health or the environment, including: (I) Any monitoring or other information which indicates that any contaminant may cause an endangerment to USDWs; or (II) Any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between USDWs. Any such information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within 72 hours of the time the permittee becomes aware of the circumstances. The written submission shall 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

### 50 continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance. (vii) Other noncompliance. The permittee shall report all instances of noncompliance not reported under paragraphs i, iv, v, and vi of this section, at the time monitoring reports are submitted. The reports shall contain the information listed in paragraph (l)(vi) of this section. (viii) Other information. Where the permittee becomes aware that it failed to submit any relevant acts in a permit application, or submitted incorrect information in a permit application or in any report to the Department, it shall promptly submit such facts or information. (m) Requirements prior to commencing injection. Except for all new wells authorized by an area permit under rules 1200

—4

—6

—.11 and 1200

—4

—6

—.12, a new injection well may not commence injection until construction is complete, and 1. The permittee has submitted notice of completion of construction to the Director; and 2. (i) The Department has inspected or otherwise reviewed the new

injection well and finds it is in compliance with the conditions of the permit; or (ii) The permittee has not received notice from the Director ofhis or her intent to inspect or otherwise review the new injection well within 13 days of the date of the notice in paragraph (m)(l) of this section, in which case prior inspection or review is waived and the permittee may commence injection. The Director shall include in his notice a reasonable time period in which he shall inspect the well. (n) The permittee shall notify the Department at such times as the permit requires before conversion or abandonment of the well, or in the case of area permits, before closure of the project. (o) The permittee shall at all times maintain sufficient financial resources to allow for the proper plugging and abandonment of the well. In the event of a change of ownership or other transfer of permit, the transferee shall provide proof of financial responsibility before continued operation. 1. For Class I and III wells, a surety bond or cash bond shall be filed with the Department prior to permit issuance. At the Department’s discretion, other forms of financial assurance for Class I wells may be acceptable. 2. Class II wells shall have a surety bond or cash bond for a total of $4,000 per well. If there is an existing $2,000 bond with the Tennessee Oil and Gas Board, the bond under this rule shall be $2,000. If no bond currently exists, the bond shall be for $4,000.

### 51 3. At the Department’s discretion, a bond may be required for Class V wells. (p) The owner or operator of a Class I, II or III well permitted under this part shall establish prior to commencing injection or on a schedule determined by the Department, and thereafter maintain mechanical integrity for the well. When the Department determines that a Class I, II, or III well lacks mechanical integrity, the Department shall give written notice of the determination to the owner or operator. Unless the Department requires immediate cessation, the owner or operator shall cease injection into the well within 48 hours of receipt of the Department’s determination. The Department may allow plugging of the well pursuant to the requirements of this rule or require the permittee 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. The owner or operator may resume injection upon written notification from the Department that the owner or operator has demonstrated mechanical integrity pursuant to this rule. The Department may allow the owner or operator of a well which lacks mechanical integrity 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. (q) A Class I, II or III permit shall include and a Class V permit may include, conditions to insure that plugging and abandonment of the well will not allow the movement of fluids into or between USDWs. Where the Department's review of an application indicates that the permittee's plan is inadequate, the Department may require the applicant to revise the plan, prescribe conditions meeting the requirements of this paragraph, or deny the permit. Authority: T.C.A. §69

—3

—105. Administrative History: Original rule filed August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed January x, 2010; effective date April x, 2010

**Issuance Of Permits** The State is required to set a schedule for issuing permits within the first five years after the program has been approved. In order to meet this requirement all injection wells within the State are required to have permits under this part and Part 144 requirement, the State has this verbiage under the UIC regulations 1200

—4

—6

—.07 Permit Required. (1) Except for exclusions specified in paragraph 1200

—4

—6

—.03(3), all injection wells and activities must be authorized by permit or by rule. (2) For new injection wells, a permit must be obtained before construction commences, unless the injection is authorized by rule as described in paragraph 1200

—4

—6

—.14(2). (3) The owner or operator of an existing Class II or III injection well shall complete, sign and submit to the Department an application for permit in conformance with this Chapter within six (6) months from the date of approval of these Rules. The owner or operator must demonstrate to the satisfaction of the Depar tment that the existing well complies with all applicable Rules of this Chapter.

### 52

(4) Continued injection into existing Class V Wells is authorized by virtue of this rule provided compliance with rule 1200

-4

-6

-.05(1) and any other applicable rules of this Chapter are maintained. Owners/operators of existing Class V wells that fail to maintain compliance shall immediately cease operation and submit an application. Owners/operators of all existing Class V wells shall submit an application within the appropriate time frame for each grand division as specified in this rule. Within six (6) months of the effective date of this rule, owner/operators of injection wells within the Western Grand Division must submit an application. Within twelve (12) months of the effective date of this rule, owner/operators of injection wells within the Central Grand Division must submit an application. Within eighteen (18) months of the effective date of this rule, owner/operators of injection wells within the Eastern Grand Division must submit an application. If an application for an existing Class V well is not submitted within the specified timeframe, the owner/operator shall be subject to an application fee for a new well as specified in 1200

-4

-6

-.18(1). (5) The Department may require the owner or operator of a Class V injection well authorized by rule to apply for and obtain an injection well permit. Cases for which a permit may be required include: (a) The injection well is not in compliance with the standards required by this Chapter. (b) Compliance with standards in addition to those listed in this Chapter is required to protect USDWs from pollution. (6) Reserved. (7) Class V wells utilizing innovative or experimental technologies, may not be authorized by rule, but only by a permit. The permit shall require a surety bond. (8) Emergency permits. (a) Coverage. Notwithstanding any other provision of this Rule the Commissioner may temporarily permit a specific underground injection if: 1. An imminent and substantial endangerment to the health of persons will result unless a temporary emergency permit is granted, provided the injection will not result in the movement of fluids into underground sources of drinking water; or 2. (i) A substantial and irretrievable loss of oil or gas resources will occur

unless a temporary emergency permit is granted to a Class II well; and (ii) Timely application for a permit could not be practically made; and (iii) The injection will not result in the movement of fluids into underground sources of drinking water; or 3. A substantial delay in production of oil or gas resources will occur unless a temporary emergency permit is granted to a new Class II well and the temporary authorization will not result in the movement of fluids into an underground source of drinking water.

### 53

(b) Requirements for issuance. 1. Any tem

porary permit under part (a)1 of this paragraph shall be for no longer term than required to prevent the hazard. 2. Any tem

porary permit under part (a)2 of this paragraph shall be for no longer than 90 days, except that if a permit application has been submitted prior to the expiration of the 90

-day period, the Commissioner may extend the temporary permit until final action on the application. 3. Any temporary permit under part (a)3 ofthis paragraph shall be issued only after a complete permit application has been submitted and shall be effective until final action on the application. 4. Notice of any temporary permit under this paragraph shall be published in accordance with paragraph (7) of Rule 1200

-04

-06

-.08 within ten days of the issuance of the permit. 5. The temporary permit under this paragraph may be either verbal, or written. If verbal authorization, it must be followed within 5 calendar days by a written temporary emergency permit. 6. The Commissioner shall condition the permit in any manner he or she determines is necessary to ensure that the injection will not result in the movement of fluids into an underground source of drinking water. Authority: T.C.A. §69

—3

—105. Administrative History: Original rule filed August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed February 17, 2010; effective date May 18, 2010 **Timeline for Existing UIC Invent ory Received from EPA**  Once the State finalizes a date on which EPA is planning to release the UIC program to the State then the State will start accepting the applications for the Class II injection wells that are currently regulated by EPA. At the time the 

### State receives the Primary enforcement authority

f rom EPA according to the MOA, the State should get copies of information from the Federal UIC program on current injection zone approvals and current MIT’s, and then receive the bonds from the applicants. The UIC program in Tennessee has been active since 1992. Since that time we have been doing public outreach and have been informing different groups about the UIC program. The Division therefore is seeking primacy as an expected part of this process and has been encouraged by several members of the regulated community to do so. The priorities (according to criteria set forth in 40 CFR §146.9) for issuing permits, including the number of permits in each class of injection well which will be issued during the first five years of program operation are as follows: Tennessee Injection Well Priorities

### 54

Class Number of Permits expected to be

issued over the next 5 years Comments Class I 0 Tennessee currently has no industries that are considering the use of Class I Injection Wells. EPA currently has no active permits or applications for Class 1 facilities. Currently there are no known industries that are considering the use of Class I Injection Wells in Tennessee. Class II 17 total wells will be placed in the

Tennessee system within the next five years Currently EPA has 17 active Class II wells in Tennessee. These wells will need to have Tennessee permits issued as well as 5 new wells that have been in contact with the State. Work on these wells will be done in conjunction with the Oil and Gas Program in the Division of Water Pollution Control, with this Division retaining the final oversight. Class III 0 Tennessee does not have the economic mineral production zones to support Class III wells. EPA has no Class III wells in Tennessee Class IV 0 Tennessee does not have any remediation wells that fall into the Class IVcategory at this time. EPA has no Class IVwells in Tennessee Class V EPA database shows that there are

17,044 Class V injection wells in Tennessee, this includes 2 motor vehicle wells and 1 cesspool Tennessee will first focus on the 2 motor vehicle wells and the cesspool. Tennessee will then follow up on the Industrial/commercial wells in EPA’s Database followed by the 20 or so remedial wells. Tennessee will then look at the 1,510 large capacity septic systems that are authorized by rule under EPA and place them in the Tennessee system. All Class I, Class II, Class III, and Class V Innovative Technology permits that are issued by the UIC program are required to have a time of public notice. Amajority of the Class V permits that are issued under the Authorization to Discharge are not required to go to public notice unless a public meeting is requested by another regulatory authority, a citizen group or other concerned party.
**Mechanical Integrity Testing (MIT)** The current UIC program has not had the opportunity to witness with EPA any Class II mechanical integrity tests (MIT). The Director will require all Class I and II wells to conduct mechanical integrity testing (MIT) at each well at least once every five years. The existing Class II wells will continue to follow five years from the date of the last MIT. The maximum amount of time between MIT’s for Class II wells is five years and the maximum amount of time between MIT’s for Class I wells is three years but

### 55

the Department may order special tests to be conducted prior to the expiration of five years if conditions are believed to so warrant. The following State UIC regulations pertain to the MIT procedures: **1200**

**— 4** 

**— 6** 

**— .09 General Standards And Methods.**  (1) Applicability. The provisions of this subchapter set forth standards and requirements that apply to all classes of injection wells unless specifically excluded or contradicted by provisions applicable to a particular class of well. (2) Supervisory Standard. All phases of well construction, testing and operation shall be supervised by a person who is knowledgeable and experienced in practical drilling engineering and who is familiar with the special conditions and requirements of injection well construction. (4) Mechanical Integrity Standards. (a) An injection well has mechanical integrity if there is no significant leak in the casing, tubing or packer, and if there is no significant fluid movement into USDWs through vertical channels in and adjacent to the injection well bore hole. (b) The following tests shall be used to evaluate the mechanical integrity of an injection well: 1. Monitoring of annulus pressure, or pressure test with liquid or gas to detect any leaks in casing, tubing, or packer; 2. Appropriate geophysical logs to detect any fluid movement through vertical channels in and adjacent to the injection well borehole. (c) The Department may allow the use of tests to evaluate mechanical integrity other than those listed in this Rule if such tests have been approved in writing by the Department and, if the Department receives authority for an underground injection control program from the U.S. E.P.A., the E.P.A. Administrator or his designee. (d) Methods and standards generally accepted in the industry shall be applied in conducting and evaluating the tests required by this section. 1200

—4

—6

—.10 Class I Wells. 1200

-4

-6

-.10(4)(e)(6) The mechanical integrity of the injection well system shall be examined and evaluated at least once every three years in accordance with the standards contained in this rule 1200

—4

—6

—.11 CLASS II WELLS (5) Testing for Class II Wells (a) Appropriate logs and other tests shall be conducted during the drilling and construction of new Class II wells. A descriptive report interpreting the results of that portion of those logs and tests which specifically relate to (1) a USDW and the confining zone adjacent to it, and (2) the injection zone and adjacent formations shall be prepared by a knowledgeable log analyst and submitted to the Department. At a minimum, these logs and tests shall include:

### 56 1. Deviation checks on all holes constructed by first drilling a pilot hole and then enlarging the pilot hole, by reaming or another method. Such checks shall be at sufficiently frequent intervals to assure that vertical avenues for fluid movement in the form of diverging holes are not created during drilling. 2. Such other logs and tests as may be needed after taking into account the availability of similar data in the area of the drilling site, the construction plan, and the need for additional information that may arise from time to time as the construction of the well progresses. In determining which logs and tests shall be required, the following shall be considered by the Department in setting logging and testing requirements: (i) For surface casing intended to protect USDWs in areas where the lithology has not been determined: (I) electric and caliper logs before casing is installed; and (II) a cement bond, temperature, or density log after the casing is set and cemented. (ii) For intermediate and long strings of casing intended to facilitate injection: (I) electric, porosity and gamma ray logs before the casing is installed; (II) fracture finder logs; and (III) a cement bond, temperature, or density log after the casing is set and cemented. (b) At a minimum, the following information concerning the injection formation shall be determined or calculated for new Class II wells or projects: 1. fluid pressure; 2. estimated fracture pressure; and 3. physical and chemical characteristics of the injection zone. (c) Prior to commencement of injection, wells shall be tested to assure the initial integrity of the casing, tubing and packer, if used, including pressure testing of the casing

-tubing annulus. (d) At least once every five years thereafter, injection wells shall be tested to assure their continued mechanical integrity. The results of these tests shall be reported to the Department. Tests demonstrating continued mechanical integrity shall include the following: 1. measurement of annular pressures in wells injecting at positive pressures under a packer or a balanced fluid seal;

### 57 2. pressure testing of the casing tubing annulus for wells injecting under vacuum conditions; and 3. such other tests which are demonstrably effective and which may be approved for use by the Department. (e) Notwithstanding the test procedures outlined above, the Department may require more comprehensive testing of the injection wells when deemed advisable, including the use of tracer surveys, noise logs, temperature logs, or other test procedures or devices. (f) The Department may order special tests to be conducted prior to the expiration of five years if conditions are believed to so warrant. Any such special test which demonstrates continued mechanical integrity of a well shall be considered the equivalent of an initial test for test scheduling purposes, and the regular five

-year testing schedule shall be applicable thereafter. (g) The injection well operator shall advise the Department of the date and the time of that initial, a five

-year, or special tests are to commence in order that such tests may be witnessed. (h) Injection pressure at the wellhead shall not exceed a maximum which shall be calculated so as to assure that the pressure during injection does not initiate new fractures or propagate existing fractures in the confining zone adjacent to USDWs. In no case shall injection pressure cause the movement of injection or formation fluids into USDWs. (i) Injection between the outermost casing protecting USDWs and the well bore is prohibited. (6) Monitoring Requirements (a) Class II wells shall be so equipped that the flow rate, injection pressure and annular pressure can be determined at any time for each well. (b) The permittee shall monitor the nature of injected fluids at time intervals sufficiently frequently to yield data representative of their characteristics; (c) The permittee shall make observation of injection pressure, flow rate, and cumulative volume at least daily. (d) The results of all monitoring shall be maintained by the operator and made available to the Department upon request. (e) The Department may grant administrative exception to the requirement set forth in paragraph (c), of this subsection. (f) Hydrocarbon storage and enhanced recovery may be monitored on a field or project basis rather than on 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

### 58 provided the owner/operator demonstrates that manifold monitoring is comparable to individual well monitoring. (g) Monitoring requirements shall, at a minimum, include: 1 Monitoring of the nature of injected fluids at time intervals sufficiently frequent to yield data representative of their characteristics; 2. Observation of injection pressure, flow rate, and cumulative volume at least with the following frequencies: (i) Weekly for produced fluid disposal operations; (ii) Monthly for enhanced recovery operations; (iii) Daily during the injection of liquid hydrocarbons and injection for withdrawal of stored hydrocarbons; (iv) Daily during the injection phase of cyclic steam operations; and (v) Recording of one observation of injection pressure, flow rate and cumulative volume at reasonable intervals no greater than 30 days. 3. Maintenance of the results of all monitoring until the next permit review.

1200

—4

—6

—.12 Class III Wells.

3. The mechanical integrity of the injection well system shall be examined and evaluated at least once every three years. The methods and procedures to be used shall be subject to review by the Department.
**Notify Owners And Operators Of Injection Wells Of The Requirement That They Apply For And Obtain A Permit.**  The State has conducted public hearings and provided assistance to participants with Class V authorization applications for in Jackson, Martin, Murfreesboro, Chattanooga, Knoxville, Johnson City, Cookeville, and Columbia. The State also published notice of the rule changes in major newspapers in Knoxville, Memphis, Nashville, Kingsport, Jackson, Johnson City, and Chattanooga see Public Hearing Participation Opportunities for Primacy section

. The State also placed notice in the Tennessee Administrative Register as well as the Tennessee Environmental Law Letter, newsletters for the five Tennessee branches of the American Society of Civil Engineering, the Tennessee Association Business, Tennessee Association of Utility Districts and the Tennessee Municipal League. In addition letters were mailed out to over 100 chambers of commerce across the state. All of this was done in order to notify the owners/operators of Class V and potential Class V wells of the following requirements:

**1200**

**— 4** 

**— 6** 

**— .07 Permit Required.** 

### 59

(1) Except for exclusions specified in paragraph 1200

—4

—6

—.03(3), all injection wells and activities must be authorized by permit or by rule. (2) For new injection wells, a permit must be obtained before construction commences, unless the injection is authorized by rule as described in paragraph 1200

—4

—6

—.14(2). (3) The owner or operator of an existing Class II or III injection well shall complete, sign and submit to the Department an application for permit in conformance with this Chapter within six (6) months from the date of approval of these Rules. The owner or operator must demonstrate to the satisfaction of the Department that the existing well complies with all applicable Rules of this Chapter. (4) Continued injection into existing Class V Wells is authorized by virtue of this rule provided compliance with rule 1200

-4

-6

-.05(1) and any other applicable rules of this Chapter are maintained. Owners/operators of existing Class V wells that fail to maintain compliance shall immediately cease operation and submit an application. Owners/operators of all existing Class V wells shall submit an application within the appropriate time frame for each grand division as specified in this rule. Within six (6) months of the effective date of this rule, owner/operators of injection wells within the Western Grand Division must submit an application. Within twelve (12) months of the effective date of this rule, owner/operators of injection wells within the Central Grand Division must submit an application. Within eighteen (18) months of the effective date of this rule, owner/operators of injection wells within the Eastern Grand Division must submit an application. If an application for an existing Class V well is not submitted within the specified timeframe, the owner/operator shall be subject to an application fee for a new well as specified in 1200

-4

-6

-.18(1). Due to the limited number of applications for Class I facilities the UIC program hand delivers copies of all Class I applications or permits to the local oil and gas board housed in the Division of Water Pollution Control. Also a copy of any Class I permit will be made available to local governments where the facility is located. Due to the limited number of Class II facilities located in the State all existing Federal A pplicants holding active Class II permits in Tennessee will receive written correspondence explaining the process of applying for the State permit. The mail out will be done in conjunction with the Tennessee Oil and Gas Association (TOGA) and the Tennessee Division of Water Pollution Control databases. The Tennessee Administrative Procedures Act requires that all notices shall be as follows: **4**
**- 5** **- 202. When hearings required.**  (a) An agency shall precede all its rulemaking with notice and a public hearing unless: (3) The proposed rule is published in the notice section of the secretary of state's monthly administrative register, together with a statement to the effect that the agency will adopt the proposed rule without public hearing thereon unless within thirty (30) days after the actual publication date of the proposed rule, as evidenced by the date of mailing placed on the monthly register containing the rule by the secretary of state or the secretary of state's designee, it is petitioned for a public hearing on the proposal by twenty
-five (25) persons who will be affected by the rule, a municipality which will be affected by the rule, an association of twenty
-five (25) or more members, or by a majority vote of any standing committee of the general assembly. If the agency receives such a petition, it

### 60 shall not proceed with the proposed rulemaking until it has given notice and held a hearing as prescribed herein. **Authority Of The Director To Authorize Injections** In the Tennessee Water Quality Act the Director has the authority to require the following: 69

-3

-114 (a) Itshall be unlawful for any person to discharge any substance into the

waters of the state or to place or cause any substance to be placed in any location where such substances, either by themselves or in combination with others cause any of the damages as defined in T.C.A. 69

-3

-103(22), unless such discharge shall be due to an unavoidable accident or unless such action has been properly authorized. Any such action is declared to be a public nuisance. The Water Quality Act (69

-3

-101 et al) grants, the Commissioner or his designee (the Director) the authority to require permits to discharge and thus allow the Director the authority to authorize injections. The Underground Injection Control Regulations (1200

-4

-6 et. al.) as promulgated under the Water Quality Control Act regulate these injections as follows: 1200

—4

—6

—.03 Injection Prohibited. (1) Unless excluded under Subsection (3), 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 or by rule of the Department. **1200**

**— 4** 

**— 6** 

**— .04**  **Prevention of**  **Pollution of**  **Ground Water**  **and Identification**  **of Un** **derground Sources**  **of Drinking Water and Exempted Aquifers.**  (1) No owner or operator shall construct, operate, maintain, convert, plug, abandon, or conduct any other injection activity in a manner that allows the movement of fluid containing any contaminan t into underground sources of drinking water, if the presence of that contaminant may cause a violation of any primary drinking water regulation or may otherwise adversely affect the health of persons. The applicant for a permit shall have the burden of showing that the requirements of this paragraph are met. (2) For Class I, II and III wells, if any water quality monitoring of an underground source of drinking water indicates the movement of any contaminant into the underground source of drinking water, except as authorized under this Rule, the Commissioner shall prescribe such additional requirements for construction, corrective action, operation, monitoring, or reporting (including closure of the injection well) as are necessary to prevent such movement
. In the case of wells authorized by permit, the Commissioner may im pose additional requirements by modifying the permit in accordance with Rule 1200

-04

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-.08(8) or may terminate the permit in accordance with Rule 1200

-04

-06

-.08(9). Additionally, the Commissioner may assess civil penalties for all permit or rule violations in accordance with T.C.A § 69

-3

-115. (3) For class V wells, if at any time the Commissioner learns that a Class V well may cause a violation of primary drinking water regulations he or she shall: (a) Require the injector to obtain an individual permit; and/or

### 61

(b) Order the injector to take such actions (including, where required, closure of the injection well) as may be necessary to prevent the violation. (c) Take enforcement action. (4) Whenever the Commissioner learns that a Class V well may be otherwise adversely affecting the health of persons, he or she may prescribe such actions as may be necessary to prevent the adverse effect, including any action authorized under paragraph (3) of this Rule and assess civil penalties in accordance with T.C.A § 69

-3

-115. (5) Notwithstanding any other provision of this rule, the Commissioner may take emergency action upon receipt of information that a contaminant which is present in or likely to enter a public water system or underground source of drinking water may present an imminent and substantial endangerment to the health of persons. The Commissioner must first determine that local authorities have not taken appropriate action to protect the health of such persons, before taking emergency action. (6) Identification of Underground Sources of Drinking Water (a) The Commissioner may identify (by narrative description, illustrations, maps, or other means) and shall protect, except where exempted under subparagraph (b) of this paragraph, as an underground source of drinking water, all aquifers or parts of aquifers which meet the definition of an “underground source of drinking water'' in Rule 1200

-04

- 06

-.02. Even if an aquifer has not been specifically identified by the commissioner, it is an underground source of drinking water if it meets the definition in Rule 1200

-04

-06

- .02. (b) 1. The Commissioner may identify (by narrative description, illustrations, maps, or

other means) and describe in geographic and/or geometric terms (such as vertical and lateral limits and gradient) which are clear and definite, all aquifers or parts thereof which the Commissioner proposes to designate as exempted aquifers using the criteria in paragraph (7) of this Rule. 2. No designation of an exempted aquifer submitted as part of a UIC Program shall be final until approved by the EPA Administrator. 3 Subsequent to program approval or promulgation by the EPA, the Commissioner may, after notice and opportunity for a public hearing, identify additional exempted aquifers. (i) Exemption of aquifers identified under subparagraph (7)(b) of this Rule shall be treated as a program revision under 40 CFR 145.32. (Note: 40 CFR 145.32 provides that: (a) Either EPA or the approved State may initiate program revision. Program revision may be necessary when the controlling federal or state statutory or regulatory authority is modified or supplemented. The state shall keep EPA fully informed of any

### 62 proposed modifications to its basic statutory or regulatory authority, its forms, procedures, or priorities. (b) Revision of a state program shall be accomplished as follows: (1) The state shall submit a modified program description, Attorney General's statement, Memorandum of Agreement, or such other documents as EPA determines to be necessary under the circumstances. (2) Whenever EPA determines that the proposed program revision is substantial, EPA shall issue public notice and provide an opportunity to comment for a period of at least 30 days. The public notice shall be mailed to interested persons and shall be published in the Federal Register and in enough of the largest newspapers in the state to provide statewide coverage. The public notice shall summarize the proposed revisions and provide for the opportunity to request a public hearing. Such a hearing will be held if there is significant public interest based on requests received. (3) The Administrator shall approve or disapprove program revisions based on the requirements of this part and of the Safe Drinking Water Act. (4) A program revision shall become effective upon the approval of the Administrator. Notice of approval of any substantial revision shall be published in the Federal Register. Notice of approval of non-substantial program revisions may be given by a letter from the Administrator to the State Governor or his designee.) (ii) Exemption of aquifers identified under subparagraph (7)(c) of this Rule shall become final if the Commissioner submits the exemption in writing to the EPA Administrator and the EPA Administrator has not disapproved the designation within 45 days. Any disapproval by the EPA Administrator shall state the reasons and shall constitute final Agency action for purposes of judicial review. (c) 1. For Class III wells, the Commissioner shall require an applicant for a permit

which necessitates an aquifer exemption under part (7)(b)1 of this Rule to furnish the data necessary to demonstrate that the aquifer is expected to be mineral or hydrocarbon producing. Information contained in the mining plan for the proposed project, such as a map and general description of the mining zone, general information on the mineralogy and geochemistry of the mining zone, analysis of the amenability of the mining zone to the proposed mining method, and a time

-table of planned development of the mining zone shall be considered by the Commissioner in addition to the information required.

### 63 2. For Class II wells, a demonstration of commercial producibility shall be made as follows: (i) For a Class II well to be used for enhanced oil recovery processes in a field or project containing aquifers from which hydrocarbons were previously produced, commercial producibility shall be presumed by the Commissioner upon a demonstration by the applicant of historical production having occurred in the project area or field; and (ii) For Class II wells not located in a field or project containing aquifers from which hydrocarbons were previously produced, information such as logs, core data, formation description, formation depth, formation thickness and formation parameters such as permeability and porosity shall be considered by the Commissioner, to the extent such information is available. (7) Exempted Aquifers An aquifer or a portion thereof which meets the criteria for an “underground source of drinking water'' may be determined to be an “exempted aquifer'' if it meets the following criteria: (a) Itdoes not currently serve as a source of drinking water; and (b) Itcannot now and will not in the future serve as a source of drinking water because: 1. Itis mineral, hydrocarbon or geothermal energy producing, or can be demonstrated by a permit applicant as part of a permit application for a Class II or III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible; 2. Itis situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; 3. Itis so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or 4. Itis located over a Class III well mining area subject to subsidence or catastrophic collapse;

or (c) The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/l and it is not reasonably expected to supply a public water system. Authority: T.C.A. §69

—3

—105. Administrative History: Original rule filed August 9, 1985 eff ective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed February 17, 2010; effective date May 18, 2010 **1200**

**— 4** 

**— 6** 

**— .07 Permit Required.** 

### 64

(1) Except for exclusions specified in paragraph 1200

—4

—6

—.03(3), all in jection wells and activities must be authorized by permit or by rule. (2) For new injection wells, a permit must be obtained before construction commences, unless the injection is authorized by rule as described in paragraph 1200

—4

—6

—.14(2). (3) The owner or operator of an existing Class II or III injection well shall complete, sign and submit to the Department an application for permit in conformance with this Chapter within six (6) months from the date of approval of these Rules. The owner or operator must demonstrate to the satisfaction of the Department that the existing well complies with all applicable Rules of this Chapter. (4) Continued injection into existing Class V Wells is authorized by virtue of this rule provided compliance with rule 1200

-4

-6

-.05(1) and any other applicable rules of this Chapter are maintained. Owners/operators of existing Class V wells that fail to maintain compliance shall immediately cease operation and submit an application. Owners/operators of all existing Class V wells shall submit an application within the appropriate time frame for each grand division as specified in this rule. Within six (6) months of the effective date of this rule, owner/operators of injection wells within the Western Grand Division must submit an application. Within twelve (12) months of the effective date of this rule, owner/operators of injection wells within the Central Grand Division must submit an application. Within eighteen (18) months of the effective date of this rule, owner/operators of injection wells within the Eastern Grand Division must submit an application. If an application for an existing Class V well is not submitted within the specified timeframe, the owner/operator shall be subject to an application fee for a new well as specified in 1200

-4

-6

-.18(1). (5) The Department may require the owner or operator of a Class V injection well authorized by rule to apply for and obtain an injection well permit. Cases for which a permit may be required include: (a) The injection well is not in compliance with the standards required by this Chapter. (b) Compliance with standards in addition to those listed in this Chapter is required to protect USDWs from pollution. (6) Reserved. (7) Class V wells utilizing innovative or experimental technologies, may not be authorized by rule, but only by a permit. The permit shall require a surety bond. (8) Emergency permits. (a) Coverage. Notwithstanding any other provision of this Rule the Commissioner may temporarily permit a specific underground injection if: 1. An imminent and substantial endangerment to the health of persons will result unless a temporary emergency permit is granted, provided the injection will not result in the movement of fluids into underground sources of drinking water; or 2. (i) A substantial and irretrievable loss of oil or gas resources will occur

unless a temporary emergency permit is granted to a Class II well; and

### 65 (ii) Timely application for a permit could not be practically made; and (iii) The injection will not result in the movement of fluids into underground sources of drinking water; or 3. A substantial delay in production of oil or gas resources will occur unless a temporary emergency permit is granted to a new Class II well and the temporary authorization will not result in the movement of fluids into an underground source of drinking water. (b) Requirements for issuance. 1. Any tem

porary permit under part (a)1 of this paragraph shall be for no longer term than required to prevent the hazard. 2. Any tem

porary permit under part (a)2 of this paragraph shall be for no longer than 90 days, except that if a permit application has been submitted prior to the expiration of the 90

-day period, the Commissioner may extend the temporary permit until final action on the application. 3. Any temporary permit under part (a)3 ofthis paragraph shall be issued only after a complete permit application has been submitted and shall be effective until final action on the application. 4. Notice of any temporary permit under this paragraph shall be published in accordance with paragraph (7) of Rule 1200

-04

-06

-.08 within ten days of the issuance of the permit. 5. The temporary permit under this paragraph may be either verbal, or written. If verbal authorization, it must be followed within 5 calendar days by a written temporary emergency permit. 6. The Commissioner shall condition the permit in any manner he or she determines is necessary to ensure that the injection will not result in the movement of fluids into an underground source of drinking water. Authority: T.C.A. §69

—3

—105. Administrative History: Original rule filed August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed February 17, 2010; effective date May 18, 2010 **1200**

**— 4** 

**— 6** 

**— .08 Authorization By Permit For Injection Wells Not Authorized By Rule.**  (1) Permit Application

— All permit applicants for injection wells not authorized by rule shall provide the following information to the Department, using a form provided by the Department: (a) The activities conducted by the applicant which require it to obtain a UIC permit. (b) Name, mailing address, and location of the facility for which the application is submitted.

### 66

(c) Up to four North American Industry Classification System (NAICS) codes which best reflect the principal products or services provided by the facility. (d) The operator’s name, address, telephone number, ownership status, and status as Federal, State, private, public, or other entity. (e) Whether the facility is located on Indian lands. (f) A listing of all permits or construction approvals received or applied for under any of the following programs: 1. Hazardous Waste Management program under federal or state law. 2. UIC program under federal or state law. 3. NPDES program under federal or state law. 4. Prevention of Significant Deterioration (PSD) program under federal or state law. 5. Nonattainment program under federal or state law. 6. National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under federal or state law. 7. Ocean dumping permits under the Marine Protection Research and Sanctuaries Act. 8. Dredge and fill permits under section 404 of the Clean Water Act, 33 U.S.C. Section 1344. 9. Other relevant environmental permits. (g) A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, surface water bodies, and drinking water wells listed in public records or otherwise known to the a

pplicant within a quarter mile of the facility property boundary. (h) A brief description of the nature of the business. (2) A permit application will be processed when: (a) A completed application form, all information required by these Rules and any supplemental information, as may be required, is submitted to the Department. The application shall identify (by narrative description, illustrations, maps, or other suitable means) and describe by geographic or geometric terms (including lateral and vertical limits and gradients) the area intended to be used as an injection zone. (b) The feasibility requirements that apply to the proposed injection well have been satisfied.

### 67

(3) Duration of permits. (a) Permits for Class I and V wells and authorizations f or Class V wells shall be effective for a fixed term not to exceed five (5) years. Permits for Class II and III wells may be issued for a period up to the operating life of the facility. Each Class II or III well permit shall be reviewed at least once every five (5) years to determine whether it should be modified, revoked and reissued, or revoked as provided in Paragraphs 1200

— 4

—6

—.08(7) and (8). (b) Except as provided by the Uniform Administrative Procedures Act, T.C.A. §§4

—5

—101 et seq., the term of a permit shall not be extended by modification beyond the maximum duration specified in this rule. (c) The Department may issue any permit for a duration that is less than the full allowable term under this rule. (4) Schedules of compliance (a) The permit may when appropriate specify a schedule of compliance. (b) Time for compliance. Any schedule of compliance shall require compliance as soon as possible but in no case later than three (3) years after the effective date of the permit. (c) Interim dates. Except as provided in this section, if a permit establishes a schedule of compliance which exceeds one (1) year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievements. 1. The time between interim dates shall not exceed one (1) year. 2. If the time necessary for completion of any interim requirement (such as the construction of a control facility) is more than one (1) year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports ofprogress toward completion of the interim requirements and indicate a projected completion date. (d) Reporting. Progress reports shall be submitted no later than thirty (30) days following each interim date and the final date of compliance. (5) Effect of a permit (a) A permit may be revoked, suspended or modified during its term for cause, under T.C.A. §69

-3

-108(f). (b) The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege. (c) The issuance of a permit does not authorize any injury to persons or property or invasion of other property rights, or any infringement of other State, Federal or local laws or regulations. In particular, the issuance of a permit does not relieve a Class I, Class IV or Class V well permittee from any applicable requirement he may be subject to under the Tennessee Hazardous Waste Management Act (T.C.A. 6

—46

—101 et. seq.)

### 68

(6) Transfer of permits

— A permit may be transferred by the permittee to a new owner or operator if the permit has been modified or revoked and reissued or a minor modification made. (7) Public notice of permit actions and public comment period. (a) Scope. The Department shall give public notice that the following actions have occurred: 1. A draft permit has been prepared. A draft permit shall contain:

(i) All permit conditions; (ii) All compliance schedules for corrective action; and (iii) All monitoring requirements. (b) Upon request, the Depa rtment shall send to the requestor copies of the foregoing documents. (c) Timing 1. Public notice of the preparation of a draft permit shall allow at least thirty (30) days for public comment. 2. Public notice of a public hearing shall be given at least thirty (30) days before the hearing. (Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.) (d) Methods. Public notices of permit actions shall be given by the following methods: 1. By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this paragraph may waive his or her rights to receive notice for any classes and categories of permits): (i) the applicant; (ii) any other agency which the Department knows has issued or is required to issue a RCRA, PSD, NPDES or 404 permit for the same facility or activity; (iii) federal, state and local agencies with jurisdiction over fish, shellfish, and wildlife resources; the Advisory Council on Historic Preservation, state historic preservation officers, and other appropriate government authorities, including any affected States; (iv) persons on a mailing list developed by:

(I) notifying the public of the opportunity to be put on the mailing list through periodic publication

### 69 in the public press and in other publications such as Regional and State funded newsletters, environmental bulletins, or State law journals; and (II) including those who request in writing to be on the list. (The Department may update the mailing list from time to time by requesting written) indication of continued interest from those listed. The Department may delete from the list the name of any person who fails to respond to such a request. 2. By publication of a notice in a daily or weekly newspaper within the area to be affected by the facility or activity; 3. Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation. (e) Contents. All public notices of permit actions shall contain the following minimum information: 1. Name and address of the Department office processing the permit action for which notice is being given; 2. Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit; 3. A brief description of the business conducted at the facility or activity described in the permit application; 4. A description of the type and quantity of wastes, fluids, or pollutants which are proposed to be injected; 5. A brief summary of the basis for the permit conditions; 6. Reasons why any requested variances do or do not appear justified; 7. Name, address, and telephone number of a person from whom interested persons may obtain further information including copies of the draft permit, fact sheet when prepared, and the application; 8. A brief description of the applicable comment procedures including, the beginning and ending dates of the comment period, procedures for requesting a hearing, and any other procedures by which the public may participate in the final decision; 9. Reference to the date of previous public notices relating to the permit; 10. Date, time, and place of the hearing;

### 70 11. A brief description of the nature and purpose of the hearing including the applicable rules and procedures; and 12. Any additional information considered necessary or proper. (f) Public comments and requests for public hearings. During the public comment period, any interested person may submit written comments on the permit application or draft permit and may request a public hearing. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised. (g) Public hearings. The Department shall hold a public hearing whenever, as evidenced by requests, there is public interest in a draft permit. Apublic hearing may also be held at the Department’s discretion to clarify issues in the permit. (h) Consideration of comments and response. 1. All comments submitted during the public comment period and all hearing testimony shall be considered in making the final decision. 2. If a decision is reached to issue a final permit, the Department shall respond to comments when the permit is issued. This response shall: (i) Be made available to the public; (ii) Specify which provisions, if any, of the draft permit have been changed in the final permit, and the reasons for the change; and (iii) Briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any hearing. (i) Notice of final permit decision. 1. After the close of the comment period, the Commissioner shall notify the applicant and each person who has submitted written comments, or requested notice, of the final permit decision. This notice shall contain reference to the procedures for appealing a permit decision. 2. A final permit decision shall become effective thirty (30) days after service of notice on the applicant of the final permit decision, unless a later date is specified in the notice, or a petition is filed pursuant to paragraph (j) or (k) below. (j) Within thirty (30) days of receipt of notice of a final permit decision, or prior to any later date specified in the notice, any person other than the applicant who has filed comments on that permit, or its drafts, may petition the Board for a hearing on the permit or any condition of the permit. The petition shall include a statement of all of the permit conditions which are challenged and the reasons supporting the challenge. This hearing shall be legislative in nature and shall not be a contested case within the meaning of T.C.A. §4

—5

—102, the Uniform Administrative Procedures Act. The Board shall make a recommendation on issuance or denial of the permit or permit conditions to the

### 71 Commissioner that shall become final and effective in thirty (30) days if the Commissioner takes no action. (k) Within thirty(30) days ofreceipt of notice of a final permit decision, the permit applicant may file a petition with the Board for a contested case hearing pursuant to T.C.A. §§69

— 3

—105 and 4

—5

—301 et seq. (8) Modification or revocation and reissuance of permits.

—When the Department determines that one or more causes exist for modification or revocation and reissuance of a permit, the Department may modify or revoke and reissue the permit accordingly, subject to the limitations of subparagraph (c) of this paragraph, and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. If a permit modification satisfies the criteria for minor modifications, the permit may be modified without a draft permit or public review. Otherwise, a draft permit must be prepared and public review procedures as set out herein must be followed. (a) Causes for modification. The following are causes for modification and may be causes for revocation and reissuances. 1. Alterations. There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit. 2. Information. The Department has received information that was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and would have justified the application of different permit conditions at the time of issuance. This cause shall include any information indicating that cumulative eff

ects on the environment are unacceptable. 3. New regulations. The standard or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. Permits other than for Class 11 or III wells may be modified during their terms for this cause, only as follows: (i) For promulgation of amended standards or regulations, when: (I) The permit condition requested to be modified was based on a Departmental regulation; (II) The Department has revised withdrawn, or modified that portion of the regulation on which the permit condition was based; and (III) A permittee requests modification within thirty (30) days after public notice of the action on which the request is based. (ii) For judicial decisions, a court of competent jurisdiction has remanded and stayed Department promulgated regulations if the remand and stay concern that portion of the regulations on which the permit condition was

### 72 based and a request is filed by the permittee in accordance with these regulations within thirty (30) days of judicial remand. 4. Compliance schedules. The Department determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy. (b) Causes for modification or revocation and reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit: 1. Cause exists for revocation and the Department determines that modification or revocation and reissuance is appropriate. 2. The Department has received notification of a proposed transfer of the permit. (c) Facility siting. Suitability of the facility location will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance. (9) Revocation of permits or denial of renewal application. (a) The Department may revoke a permit during term, or deny a permit renewal application for the following causes: 1. Noncompliance by the permittee with any condition of the permit; 2. The permittee’s failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee’s misrepresentation of any relevant facts at any time; or 3. A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or revocation. (b) Notice of intent to revoke and reissue, or terminate. If the Department tentatively decides to revoke and reissue a permit, a notice of intent to revoke and reissue, or notice of intent to terminate shall be issued. (10) Minor Modifications

— Upon the consent of the permittee, the Department may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this paragraph without following the entire permitting procedure. Minor modifications may only: (a) Correct typographical errors; (b) Require more frequent monitoring or reporting by the permittee; (c) Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;

### 73

(d) Change quantities or types of fluids injected which are injected within the capacity of the facility as permitted and, in the judgment of the Department would not interfere with the operation of the facility or its ability to meet conditions described in the permit and would not change its classification; (e) Change a construction requirement approved by the Department, provided that any such alteration shall comply with all requirements of this rule; or (f) Amend a plugging and abandonment plan. (g) Allow for a change in ownership or operational control of a facility where the Commissioner determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the commissioner. (11) Confidentiality of information

—The handling of confidential information shall be governed by T.C.A. § 69

-3

-113. (12) Signatories to applications and reports. (a) Applications. All permit applications, shall be signed as follows: 1. For a corporation: by a responsible corporate officer. For the purpose of this part, a responsible corporate officer means (1) president, secretary, treasurer, or vice

president of the corporation in charge of a principal business function or any other person who performs similar policy or decision making functions for the corporation, or (II) the manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross an nual sales or expenditures exceeding 25 million dollars (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Note: The Department does not require specific assignments or delegations of authority to responsible corporate officers identified in subpart (f). The Department will presume that these responsible corporate officers have the requisite authority to sign permit applications unless the corporation has notif ied the Commissioner to the contrary. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions under item (II) rather than the specific individuals. 2. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or 3. For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. (b) Reports. All reports required by permits, and other information requested by the Department, shall be signed by a person described in sub

-paragraph (a) above or by a duly authorized representative of that person. A person is a duly authorized representative only if:

### 74 1. The authorization is made in writing by a person described in subparagraph (a); 2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, or position of equivalent responsibility (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Department. (c) Changes to authorization. If an authorization under subparagraph (b) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subparagraph (b) must be submitted to the Department prior to or at the time any reports, information, or applications signed by an authorized representative are submitted. (d) Certification. Any person signing a document under this section shall make the following certification. “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” (13) Permit Requirements

— All UIC permits shall contain permit conditions established by the Commissioner as necessary to fulfill the purposes of the Tennessee Water Quality Control Act, T.C.A. §§69

—3

—101 et seq., a description of the injection zone being permitted, and any necessary corrective action as stated under rule 1200

— 4

—6

—.09(5). The permit conditions shall be set at levels to prevent adverse effects to persons utilizing the ground water resource after consideration of at least the following factors: any guidelines set for certain pollutants by U.S.E.P.A., the flow characteristics of ground water, risk to humans, and the risk of migration. The following conditions (a) through (n) apply to all UIC permits. All conditions applicable to all permits shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations must be given in the permit. (a) The permittee must comply with all conditions of this permit and all applicable laws and regulations. Any permit noncompliance constitutes a violation of the Tennessee Water Quality Control Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. (b) If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit prior to expiration of this permit.

### 75

(c) Itshall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or red

uce the permitted activity in order to maintain compliance with the conditions of this permit. (d) The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from non

-com pliance with this permit. (e) The permittee shall at all times properly operate and maintain all facilities and systems of related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back

-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. (f) This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. (g) This permit does not convey any property rights of any sort, or any exclusive privilege. (h) The permittee shall furnish to the Department, within a time specified, any information which the Department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Department, upon request, copies of records required to be kept by this permit. (i) The permittee shall allow Department personnel, or an authorized representative of the Department, upon the presentation of credentials to: 1. Enter upon the permittee’s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 3. Inspect at reasonable times any facility, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

4. Sample or monitor at reasonable times, for the purposes or assuring permit compliance or as otherwise authorized by the Tennessee Water Quality Control Act, any substances or parameters at any location. (j) Monitoring and records. 1. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. The permittee shall monitor injection

### 76 fluids, injection operations, and local ground water supplies, in accordance with the requirements for the applicable class of well stated in rules 1200

—4

—6

—.10 through 1200

—4

—6

—.14. 2. The permittee shall retain records of all monitoring information, including the following: (i) Calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report, or application. This period may be extended by request of the Department at any time; and (ii) The nature and composition of all injected fluids until three years after the completion of any plugging and abandonment procedures. The Department may require the owner or operator to deliver the records to the Department at the conclusion of the retention period. 3. Records of monitoring information shall include:

(i) The date, exact place, and time of sampling or measurements; (ii) The individual(s) who performed the sampling or measurements; (iii) The date(s) analyses were performed; (iv) The individual(s) who performed the analyses; (v) The analytical techniques or methods used; and (vi) The results of such analyses. (k) All applications, reports, or information submitted to the Department shall be signed and certified. (l) Reporting requirements.

(i) Planned Changes. The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility. (ii) Anticipated noncompliance. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. (iii) Transfers. See subsections (5), (7), (8) and (9) of this Rule.

### 77 (iv) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in this permit. (v) Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 30 days following each schedule date. (vi) Twenty

-four hour reporting. The permittee shall report any noncompliance which may endanger health or the environment, including: (I) Any monitoring or other information which indicates that any contaminant may cause an endangerment to USDWs; or (II) Any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between USDWs. Any such information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within 72 hours of the time the permittee becomes aware of the circumstances. The written submission shall 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 reoccurrence of the noncompliance. (vii) Other noncompliance. The permittee shall report all instances of noncompliance not reported under paragraphs i, iv, v, and vi of this section, at the time monitoring reports are submitted. The reports shall contain the information listed in paragraph (l)(vi) of this section. (viii) Other information. Where the permittee becomes aware that it failed to submit any relevant acts in a permit application, or submitted incorrect information in a permit application or in any report to the Department, it shall promptly submit such facts or information. (m) Requirements prior to commencing injection. Except for all new wells authorized by an area permit under rules 1200

—4

—6

—.11 and 1200

—4

—6

—.12, a new injection well may not commence injection until construction is complete, and 1. The permittee has submitted notice of completion of construction to the Director; and

### 78 2. (i) The Department has inspected or otherwise reviewed the new

injection well and finds it is in com pliance with the conditions of the permit; or (ii) The permittee has not received notice from the Director ofhis or her intent to inspect or otherwise review the new injection well within 13 days of the date of the notice in paragraph (m)(l) of this section, in which case prior inspection or review is waived and the permittee may commence injection. The Director shall include in his notice a reasonable time period in which he shall inspect the well. (n) The permittee shall notify the Department at such times as the permit requires before conversion or abandonment of the well, or in the case of area permits, before closure of the project. (o) The permittee shall at all times maintain sufficient financial resources to allow for the proper plugging and aba

ndonment of the well. In the event of a change of ownership or other transfer of permit, the transferee shall provide proof of financial responsibility before continued operation. 1. For Class I and III wells, a surety bond or cash bond shall be filed with the Department prior to permit issuance. At the Department’s discretion, other forms of financial assurance for Class I wells may be acceptable. 2. Class II wells shall have a surety bond or cash bond for a total of $4,000 per well. If there is an existing $2,000 bond with the Tennessee Oil and Gas Board, the bond under this rule shall be $2,000. If no bond currently exists, the bond shall be for $4,000. 3. At the Department’s discretion, a bond may be required for Class V wells. (p) The owner or operator of a Class I, II or III well permitted under this part shall establish prior to commencing injection or on a schedule determined by the Department, and thereafter maintain mechanical integrity for the well. When the Department determines that a Class I, II, or III well lacks mechanical integrity, the Department shall give written notice of the determination to the owner or operator. Unless the Department requires immediate cessation, the owner or operator shall cease injection into the well within 48 hours of receipt of the Department’s determination. The Department may allow plugging of the well pursuant to the requirements of this rule or require the permittee 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. The owner or operator may resume injection upon written notification from the Department that the owner or operator has demonstrated mechanical integrity pursuant to this rule. The Department may allow the owner or operator of a well which lacks mechanical integrity 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. (q) A Class I, II or III permit shall include and a Class V permit may include, conditions to insure that plugging and abandonment of the well will not allow the movement of fluids

### 79 into or between USDWs. Where the Department's review of an application indicates that the permittee's plan is inadequate, the Department may require the applicant to revise the plan, prescribe conditions meeting the requirements of this paragraph, or deny the permit. Authority: T.C.A. §69

—3

—105. Administrative History: Original rule filed August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed January x, 2010; effective date April x, 2010

**Existing Enhanced Recovery And Hydrocarbon Storage Wells**  For all existing enhanced recovery and hydrocarbon storage wells that are currently operating in the State of Tennessee Rule 1200

-4

-6

-.11 (11) states: “ Class II wells in current operation upon the effective date of this rule shall file an application within 6 months of the effective date of this rule. No application fee will be required. Failure to file an application by the required date shall make the wells in violation of Rule 1200

-4

-6 and subject to the new application fee or closure.” By this statement the State will accept and review applications obtained from existing facilities for no fee within the first six months. We will be requesting that the existing facilities also provide any information from the existing Federal applications, approval letters, operating permits, mechanical integrity tests and aquifer designations.
**Inventory Maintenance** Since 1995 the State has been maintaining a database, which holds all the currently listed permits, as well as responses to registration questionnaires and registrations done in conjunction with the TVA UIC Study. TVA has provided the State with a valuable electronic database while working within the designated wellhead protection areas. The State will request information from the Region IV EPA database for any supplemental information needed by the State as needed

. The database is updated on a monthly basis. The State is currently updating the format of the database in order to respond easier to the required 7520 forms. The new database manager for the Groundwater Management Section is accomplishing this.

MOTOR VEHICLE WELLS

Motor vehicle waste disposal well construction after April 5, 2000 is banned nationwide. The decision to regulate motor vehicle waste disposal wells is based on the high potential for these wells to endanger underground sources of drinking water. EPA data shows that there are two existing motor vehicle wells

. These wells will be inspected and evaluated and closed as soon as the State is notified of the locations of these wells. During the States operation of the Class V program any new motor vehicle wells will be investigated and evaluated and closed as they are located.
**Exempted Aquifers** At this time the Department has not exempted any aquif er in the State. In Tennessee an exempted aquifer is defined as follows:

### 80

1200

-4

-6

-.04(7)Exempted Aquifers An aquifer or a portion thereof which meets the criteria for an “underground source of drinking water'' may be determined to be an “exempted aquif er'' if it meets the following criteria: (a) Itdoes not currently serve as a source of drinking water; and (b) Itcannot now and will not in the future serve as a source of drinking water because: 1. Itis mineral, hydrocarbon or geothermal energy prod ucing, or can be demonstrated by a permit applicant as part of a permit application for a Class II or III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible; 2. Itis situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; 3. Itis so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or 4. Itis located over a Class III well mining area subject to subsidence or catastrophic collapse;

or (c) The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/l and it is not reasonably expected to supply a public water system. Authority: T.C.A. §69

—3

—105. Administrative History: Original rule filed August 9, 1985 effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed February 17, 2010; effective date May 18, 2010 Once the applicant has submitted a completed request and the State approves the request the State will ask EPA for a final ruling. **Class IV Prohibition** Under the Tennessee UIC regulations Class IV wells are banned. The following language institutes the State portion of the Federal ban. 1200

—4

—6

—.13 Class IV Wells. (1) The following are prohibited: (a) The use of any well to dispose of water carrying human waste, household or business waste, raw sewage or the effluent from any septic tank or other sewer system of any kind, unless such well is a subsurface fluid distribution system (SFDS) which is part of a Subsurface Sewage Disposal System (SSDS) permitted under provisions 68

-221

-401 et seq. or a drip disposal system permitted pursuant to 69

-3

-108 et seq.

### 81

(b) The use of any Class V injection well in such a manner as to cause any USDW to contain any substances, whether alone or in combination with other substances, that are toxic, carcinogenic, mutagenic, or teratogenic, other than those of natural origin, at levels and conditions which violate primary drinking water standards as given in 1200

-5

-1 or adversely affect the health of persons. (c) Large capacity cesspools; and (d) Cesspools, other than large capacity cesspools, not authorized under T.C.A. 68

-221

-401 et seq. (e) Motor Vehicle Waste Disposal Wells (MVWDWs) are prohibited and must be properly closed and abandoned. **Inventory Of Class V Wells** Tennessee has completed a contract with TVA for notification and location of all potential Class V well owners within the state’s wellhead protection areas. The State has also conducted various workshops across the state during the last regulation update. A contract has been initiated with TVA to provide stakeholder workshops across the State. The staff of the DWS has also spoken at numerous workshops and seminars across the state in hopes of reaching new and potential clients. The universe of Class V wells is constantly expanding. The State is currently evaluating North American Industry Classification System (NAICS) codes as they concern wellhead protection areas. The Division is focusing primarily on those Class V systems that receive any waste other than sanitary waste. **Wellhead Protection Areas And Other Sensitive Grou** **ndw ater Areas**  EPA has declared that the entire State is a sensitive groundwater area and Tennessee will continue to operate under this ruling. Tennessee will also emphasize Wellhead Protection areas as an area that the State will target for added inventory and enforcement activities. In Tennessee the Drinking Water Source Protection regulations (1200

-5

-1

-.34) have been modified to place special emphasis on all injection wells that are located within wellhead protection areas. In order to provide more of a regulatory emphasis, the UIC regulations were amended to allow denial of permits or the placement of more stringent requirements on a permit due to its location within a wellhead protection area. This language is intended to provide a prioritization and a specific link to Drinking Water (Source Protection Rule/ Wellhead Protection) Rule under the Tennessee Safe Drinking Water Act and the UIC Regulations under the Tennessee Water Quality Control Act as well as ensuring that the applicant is aware of the location of the facility and the relationship to the wellhead protection area(s). This change also allows the owner/operator to be put on a written notice that, if permitted, the facility will be operating in a wellhead protection area, which is a priority area for concern for the UIC program. The UIC program has also addressed Identification of USDW by the addition of the following language in the Rule: **1200**

**— 4** 

**— 6** 

**— .04**  **Prevention of**  **Pollution of**  **Ground Water**  **and Identification**  **of Underground**  **Sources of**  **Dri nking Water and Exempted Aquifers.**  (1) No owner or operator shall construct, operate, maintain, convert, plug, abandon, or conduct any other injection activity in a manner that allows the movement of fluid containing any contaminant into underground sources of drinking water, if the presence of that contaminant may cause a violation of any primary drinking water regulation or may otherwise adversely affect the health of

### 82

persons. The applicant for a permit shall have the burden of showing that the requirements of this paragraph are met. (2) For Class I, II and III wells, if any water quality monitoring of an underground source of drinking water indicates the movement of any contaminant into the underground source of drinking water, except as authorized under this Rule, the Commissioner shall prescribe such additional requirements for construction, corrective action, operation, monitoring, or reporting (including closure of the injection well) as are necessary to prevent such movement. In the case of wells authorized by permit, the Commissioner may im pose additional requirements by modifying the permit in accordance with Rule 1200

-04

-06

-.08(8) or may terminate the permit in accordance with Rule 1200

-04

-06

-.08(9). Additionally, the Commissioner may assess civil penalties for all permit or rule violations in accordance with T.C.A § 69

-3

-115. (3) For class V wells, if at any time the Commissioner learns that a Class V well may cause a violation of primary drinking water regulations he or she shall: (a) Require the injector to obtain an individual permit; and/or (b) Order the injector to take such actions (including, where required, closure of the injection well) as may be necessary to prevent the violation. (c) Take enforcement action. (4) Whenever the Commissioner learns that a Class V well may be otherwise adversely affecting the health of persons, he or she may prescribe such actions as may be necessary to prevent the adverse effect, including any action authorized under paragraph (3) of this Rule and assess civil penalties in accordance with T.C.A § 69

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-115. (5) Notwithstanding any other provision of this rule, the Commissioner may take emergency action upon receipt of information that a contaminant which is present in or likely to enter a public water system or underground source of drinking water may present an imminent and substantial endangerment to the health of persons. The Commissioner must first determine that local authorities have not taken appropriate action to protect the health of such persons, before taking emergency action. (6) Identification of Underground Sources of Drinking Water (a) The Commissioner may identify (by narrative description, illustrations, maps, or other means) and shall protect, except where exempted under subparagraph (b) of this paragraph, as an underground source of drinking water, all aquifers or parts of aquifers which meet the definition of an “underground source of drinking water'' in Rule 1200

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- 06

-.02. Even if an aquifer has not been specifically identified by the commissioner, it is an underground source of drinking water if it meets the definition in Rule 1200

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- .02. (b) 1. The Commissioner may identify (by narrative description, illustrations, maps, or

other means) and describe in geographic and/or geometric terms (such as vertical and lateral limits and gradient) which are clear and definite, all aquifers or parts thereof which the Commissioner proposes to designate as exempted aquifers using the criteria in paragraph (7) of this Rule.

### 83 2. No designation of an exempted aquifer submitted as part of a UIC Program shall be final until approved by the EPA Administrator. 3 Subsequent to program approval or promulgation by the EPA, the Commissioner may, after notice and opportunity for a public hearing, identify additional exempted aquifers. (i) Exemption of aquifers identified under subparagraph (7)(b) of this Rule shall be treated as a program revision under 40 CFR 145.32. (Note: 40 CFR 145.32 provides that: (a) Either EPA or the approved State may initiate program revision. Program revision may be necessary when the controlling federal or state statutory or regulatory authority is modified or supplemented. The state shall keep EPA fully informed of any proposed modifications to its basic statutory or regulatory authority, its forms, procedures, or priorities. (b) Revision of a state program shall be accomplished as follows: (1) The state shall submit a modified program description, Attorney General's statement, Memorandum of Agreement, or such other documents as EPA determines to be necessary under the circumstances. (2) Whenever EPA determines that the proposed program revision is substantial, EPA shall issue public notice and provide an opportunity to comment for a period of at least 30 days. The public notice shall be mailed to interested persons and shall be published in the Federal Register and in enough of the largest newspapers in the state to provide statewide coverage. The public notice shall summarize the proposed revisions and provide for the opportunity to request a public hearing. Such a hearing will be held if there is significant public interest based on requests received. (3) The Administrator shall approve or disapprove program revisions based on the requirements of this part and of the Safe Drinking Water Act. (4) A program revision shall become effective upon the approval of the Administrator. Notice of approval of any substantial revision shall be published in the Federal Register. Notice of approval of non-substantial program revisions may be given by a letter from the Administrator to the State Governor or his designee.) (ii) Exemption of aquifers identified under subparagraph (7)(c) of this Rule shall become final if the Commissioner submits the exemption in writing

### 84 to the EPA Administrator and the EPA Administrator has not disapproved the designation within 45 days. Any disapproval by the EPA Administrator shall state the reasons and shall constitute final Agency action for purposes of judicial review. (c) 1. For Class III wells, the Commissioner shall require an applicant for a permit

which necessitates an aquifer exemption under part (7)(b)1 of this Rule to furnish the data necessary to demonstrate that the aquifer is expected to be mineral or hydrocarbon producing. Information contained in the mining plan for the proposed project, such as a map and general description of the mining zone, general information on the mineralogy and geochemistry of the mining zone, analysis of the amenability of the mining zone to the proposed mining method, and a time

-table of planned development of the mining zone shall be considered by the Commissioner in addition to the information required. 2. For Class II wells, a demonstration of commercial producibility shall be made as follows: (i) For a Class II well to be used for enhanced oil recovery processes in a field or project containing aquifers from which hydrocarbons were previously produced, commercial producibility shall be presumed by the Commissioner upon a demonstration by the applicant of historical production having occurred in the project area or field; and (ii) For Class II wells not located in a field or project containing aquifers from which hydrocarbons were previously produced, information such as logs, core data, formation description, formation depth, formation thickness and formation parameters such as permeability and porosity shall be considered by the Commissioner, to the extent such information is available. (7) Exempted Aquifers An aquifer or a portion thereof which meets the criteria for an “underground source of drinking water'' may be determined to be an “exempted aquifer'' if it meets the following criteria: (a) Itdoes not currently serve as a source of drinking water; and (b) Itcannot now and will not in the future serve as a source of drinking water because: 1. Itis mineral, hydrocarbon or geothermal energy producing, or can be demonstrated by a permit applicant as part of a permit application for a Class II or III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible; 2. Itis situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; 3. Itis so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or

### 85 4. Itis located over a Class III well mining area subject to subsidence or catastrophic collapse;

or (c) The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/l and it is not reasonably expected to supply a public water system. Authority: T.C.A. §69

—3

—105. Administrative History: Original rule filed August 9, 1985 effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed February 17, 2010; effective date May 18, 2010 **Public Hearing Participation Opportunities for Primacy** The UIC program ran advertisements in several local papers across the state to announce that the state was seeking primary enforcement authority. A copy of the announcements as well as a copy of the presentation and comments is provided in appendix section 8. The papers printed the following: There will be a hearing before the Division of Water Supply Staff representing the Water Quality Control Board of the Department of Environment and Conservation to hear comments from the public concerning amendments to the Regulations for Underground Injection Chapter 1200

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-6 pursuant to T.C.A. 69

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-105 et seq. Subparagraph (c) is being added to Rule 1200

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-.10(2) to allow for a variance for deep well injection of industrial waste into underground sources of drinking waters. This public hearing will also be used to solicit response f rom the public on the Division's intent of pursuing primary enforcement authority ("primacy") for the Underground Injection Control Program from the .Environmental Protection Agency. The hearing will be conducted in the manner prescribed by the Uniform Administrative Procedures Act, Tennessee Code Annotated Section 4

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-204 and will take place at the Madison County Agricultural Complex at 309 N. Parkway at Hwy 45 Bypass in Jackson at 2:00 pm CST on the 9th day of July, 2001; in the auditorium of the Fleming Training Center located at 202 Blanton Drive in Murfreesboro at 10:00 am CST on the 17th day of July, 2001; and at the Knox County Health Department Auditorium, 140 Dameron Avenue, 1:00 pm EST in Knoxville on the 24th day of July, 2001. Written comments will be considered if received by close of business August 10, 2001. Written comments should be mailed to the Tennessee Division of Water Supply, 6th Floor L&C Tower, 401 Church Street, Nashville, TN 37243

-1549. Individuals with disabilities who wish to participate in these proceedings (to review these filings) should contact the Department of Environment and Conservation to discuss any auxiliary aids or services needed to facilitate such participation. Such contact may be made in person, by writing, telephone, or other means should be made no less than (10) days prior to the scheduled meeting date (date such party intends to review such filings), to allow time for the Department to provide such aid or service. Contact tile ADA Coordinator, 401 Church Street, 11 th Floor L & C Tower, Nashville, TN 37243

-0449, 1

-888

-867

-2757. Hearing impaired callers may use the Tennessee Relay Service (1

-800

-848

-0298). For a copy of the entire text of this notice of rulemaking hearing, contact: Scotty Sorrells UIC Coordinator TN Division of Water Supply

### 86 401 Church Street Nashville, TN (615) 532

-9224 or visit the Departmental website at www.tdec.net At each public hearing the following was read: STATEMENT OF THE PRESIDING OFFICER

PUBLIC HEARING UNDERGROUND INJECTION CONTROL RULES My name is Scotty Sorrells and I am Assistant Manager for the Ground Water Management Section in the Division of Water Supply, Department of Environment and Conservation. I will be the hearing officer for this hearing. The purpose of this hearing is to provide an opportunity for persons who wish to comment on the rulemaking hearing rules for the Underground Injection Control Program to do so. The statutory authority for this hearing is Tennessee Water Quality Control Act T.C.A. 69

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-101 et. seq., and the Uniform Administrative Procedures Act. The Rulemaking Procedure is as follows: R ulemaking Hearing Rules are drafted and presented to the Water Quality Control Board who authorizes them to be made available for public hearing, the hearing is held, the hearing is recorded and summarized, and the record and summary is presented to the Water Quality Control Board for their consideration. The Board may adopt the rules and if they do, the rules are submitted to the Attorney General to review for legality. After the Attorney General approves the rules they are filed with the Secretary of State. Seventy

-five days later they become effective. Notice of the hearing was also published in major newspapers across the state in Knoxville, Memphis, Nashville, Kingsport, Jackson, Johnson City and Chattanooga and in the Tennessee Administrative Register. The full text of the proposed rules was placed on the State’s Web Site. Everyone who wishes to present testimony will be given the opportunity. Those attending this hearing are asked to fill out one of the small cards and indicate whether or not they wish to give testimony. Lengthy testimony should be given in writing and summarized if oral testimony is given. Iam reserving the right to limit testimony from any one person to a reasonable time in order that everyone that wishes to give testimony will have an opportunity to do so today. Itis the purpose of this hearing to receive information from you concerning the specific r ules under consideration. I or the staff of the Division of Water Supply may ask questions to clarify testimony; however, we are not here to debate issues. Following the hearing, staff of the Division will remain here to answer questions that you may have

. Written testimony may also be presented to the Division of Water Supply at 6th Floor, L&C Tower, 401 Church Street, Nashville, Tennessee 37243

-1549 as long as it is received by the close of business August 10, 2001. The staff of the Division proposes to summarize the comments made at today’s hearing and will send a copy to each hearing attendee in order that commenter’s can verify that the essence of their comment is accurately portrayed. After this they will be submitted to the Water Quality Control Board members. Tom Moss, Manager of the Ground Water Management Section, will briefly explain the rules considered at this hearing after which the floor will be opened for testimony.

### 87

(comments by Mr. Moss) The following comments are related to Tennessee seeking Primacy the entire public record can be found in the appendix: July 19, 20 & 26, 2001 Public Hearing Underground Injection Control Rule 1200

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NAME ORGANIZATION RULE COMMENT STAFF RESPONSE (1) David H. Alexander DuPont White Pigment and

Mineral Products Corporation of America 1200
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-6 General (oral and written) (1)(a) First, generally,

Dupont would like to compliment the Division for its foresight in the development and implementation of a strong UIC program. Dupont strongly supports the Division in its quest for primacy for this important program. (1)(a) The Division thanks Dupont for their support.

(2) Linda Modica Vice Chair State of

Franklin Group Sierra Club 1200
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-.10(2)(c) (oral) (2) (a) My name is

Linda Modica. I’m the vice chair of the State of Franklin group of the Sierra Club. I am also a homeowner in Washington Co., TN, and our family uses a well that is approximately 120 feet deep for our drinking water. We’ve got an 11
-year-old daughter, various pets, and two adults living in the household. My concern today is, with the geology of our area being so fractured and karst that, and also given the fact that, not too long ago in Tellford, which is only about 2 miles from my house, there was a situation where families, including some families with children, suffered ill health effects due to drinking and bathing in their own well water,(in some cases, it was spring water) that our area may not be amenable to the use of injection disposal directly into the ground water. I also brought with me, for everyone who wishes to take a (2) (a) The Division views your comment to mean that you are in opposition to the placement of Class I injection wells in east Tennessee. It was never the intent of this Division to allow the placement of Class I wells in any other counties than those listed in 1200
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-.10 (2)(b). Wehave modified the language in the opening paragraph to reflect this change by adding the following after the word “use” in the second sentence: ”only in those counties listed in 1200
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- .10 (2)(b)”. The Division also understands your concern in the placement of shallow injection systems in your area.

### 88 copy, a copy of a report just recently published by the United States Geological Survey called “Water Quality in the Upper Tennessee River Basin.” And you’ll see in this report, early on, that the findings of the geologists were that our area, well, the entire ridge and valley area is an area of the state where the aquifers can be easily contaminated due to the geology that underlies this region. I think that the, I hope that the state will use extreme caution in our region, that there are still many of us who rely on ground water for drinking water purposes and there are also some towns including Erwin and Elizabethon which rely on wells and springs in some cases, where they provide drinking water to the public. As you have your own little set
-up there, that shows how in Knox formation the surface water and the ground water can be connected. The sinkholes can easily introduce contaminants to the ground water, and all of us need clean drinking water. Living in a part of the county, and many of us do, where public supplies are not available and won’t be available for a long time. We don’t want to have to rely on the town of Jonesborough or the other cities to have to provide us with safe drinking water. We think that the current ground water should be protected as much as possible. And to that end, the Sierra Club and other groups, including water shed watch groups that are being formed throughout the region with the help of the Tennessee Valley Authority, are working on projects informing homeowners and farmers and businesses

### 89 what they can do to protect the land, to protect the water. I hope that the ridge and valley province, following the guidelines that I think the US Geological Survey very well placed in this report that I’m happy to give to all of you. It shows that it would be too risky to the quality of water in the ridge and valley province to allow injection of any type of contaminant to the soil. Thank you. (5) Gwen Griffith Program Director

Tennessee Environmental Council 1200
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-6 general (written) (5)(a)The Tennessee

Environmental Council hereby submits comments on proposed regulations for the UIC program (the Zone Designation for Class I wells) and the issue of state primacy authority relative to the EPA. The purpose of the UIC program is to prevent contamination of underground sources of drinking water by any type of injection well. TEC believes the UIC regulations must always uphold this goal above all other objectives. (5)(b) TEC opposes allowing injection of Class I wastes into underground locations. It is our understanding that there are no current Class I injection sites in Tennessee and we believe they should not be allowed to resume operations. Class I injections should especially be avoided anywhere near potential contact with underground sources or potential underground sources of drinking water. A significant portion of Tennessee relies upon underground water for drinking water supply. All potential underground water supplies must be strictly protected from even the slightest chance of contamination from hazardous waste (5)(a) The Division concurs

(5)(b) TEC is correct in that there are no more Class I wells in operation in the State. TEC is also correct in that a significant portion of Tennessee relies upon underground water for drinking water supply. All potential underground water supplies must be protected from contamination from hazardous waste materials

(5)(c) We understand that TEC is opposed to the process of Class I wells in the state. The Division has worked to provide the citizens of the State with the most technologically acceptable

### 90 materials. (5) (c) We oppose all Class I injection in Tennessee. However, if this type of injection is to be allowed in certain designated zones, it is imperative that the rules allow for absolutely zero possibility of groundwater contamination by judicious site restrictions and by optimal operating procedures at the injection sites. Any amendment (as proposed to Chapter 1200
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-6 pursuant to T.C.A. 69
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-105 et seq,) that allows a variance for deep well injection of industrial waste into underground water sources of any kind should not be promulgated. If Class I injection sites are to be allowed in designated zones, the promulgated rules must be absolutely clear about what the allowed zones are and assure that they are no where near the vital underground water sands of West Tennessee or the regionally deformed rocks of East Tennessee. We suggest wording that clarifies this restriction with clear language indicating that only the specified counties under 1200
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-.10(2)(b) are allowed and this will be strictly enforced. approach to the issues of Class I well placement. Wehave also addressed the placement of the zones in response to comment (2) (a)

(6) Frances Lamberts Natural Resources League

of Woman Voters of Tennessee 1200
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-.10(2)(c) (written) (6)(h) The League of

Women Voters supports a fee system adequate to make the UIC program self
supporting. We would like to see changes to the structure of the fee system, however. As now specified in Sect. 4
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-.15, the fixed fees associated with permit application/maintenance /changes are high while the variable use cost is (6)(h) In some areas of the state the only option for stormwater drainage is through karst systems. Other areas of the state do not have adequate sewer or storm sewer systems to all parts of the area to cover the expanding

### 91 nominal to the point almost of “no fee.” There is no incentive, we believe, for a permit holder to be sparing with hazardous waste burial when doing so costs a mere 50 cents per thousand gallons injected. With fixed, permit related fees of at least $7,500 per year (excluding construction and initial operational permit) a perverse incentive toward high injection use instead of minimal
-injection use is thereby created. Weurge the state to change the fee structure in ways so as to remove any motivation for excessive waste burial, once the costly permit is in place, high waste burial not being in the state’s best interest. In a similar vein, we would like to see the state provide strong incentives to municipalities/industries /developers, for stormwater run
-off avoidance and mitigative approaches, rather than stormwater injection. economic growth and in those areas the only alternative is subsurface disposal. The State has set what it feels are adequate fees to supply the working capitol for the staff of the UIC program in combination with EPA primacy money to operate in their task of protecting the ground water resources of the State.

(7) Barry Sulkins Director Tennessee PEER 1200
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-.10(2)(c) (written) (7) (b) At present the

state does not have primary authority or primacy over the UIC program, and we understand that the regulations required, including a fee system, are in place to qualify for delegation of the program. We support this move that would give the state primacy and closer oversight. Weare concerned that state UIC positions may go unfilled, thus undermining the pursuit of primacy. The fee system was developed to fund the staff to run the program and allow for primacy, and if this is not carried out, efforts will have been wasted. The present budget concerns should have little or no impact on this (7)(b) The state appreciates your support

(7)(c) See response (2)(a)

### 92 matter as the fees system should provide the state’s portion of the needed funds. The state has expended much effort and spent many years positioning itself to assume primacy for this program and it should not now be canceled or further delayed. We feel that Tennessee can do a better job with an in
- state presence, as it is our view that EPA rarely visits the state and is inconsistent on inspections and enforcement. (8) Sandra Barber Citizen 1200
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-6 (Oral) (8)(a) My name is

Sandra Barber. I reside at 728 Genesis Lane in Knoxville. And this is somewhere between a question and a comment. I do support whole
-heartedly the state going for primacy. My own concern or question I might add

— do you think that the state’s budgetary issues right now will allow you all to.... I am not so much involved in the permitting, or concerned about the permitting, but the enforcement. Having had personal experience with classified wells, I am very concerned about the level of enforcement. Will there be an adequate presence to allow enforcement of the existing regulations and the new regulations? And I do have a question, back to the Class I, of the counties that are allowed to have Class I wells. In reading the list of counties, is there anything there excluding all the remaining counties, in that right now these counties are allowed but there’s nothing saying that any other counties are not permitted, and if so, why? (8)(a) The state appreciates your support. The fees that are proposed in these regulations will support the UIC program actions. The Class I counties are addressed in response (2)(a)