**Rules of**  **The Tennessee Department of Environment A nd Conservation** 

**Division of Water Supply Rules of Water Quality Control Board** 

**Chapter 1200 —** **4 —** **6 Underground Injection Control**  **Table of Contents 1200** **— 4** **— 6** **— .01**  **Au thority and Purpose**  **1200 —** **4 —** **6 —** **.10 Class I We**  **lls 1200** **— 4** **— 6** **— .02**  **General 1200** **— 4** **— 6** **— .11**  **Class II Wells 1200** **— 4** **— 6** **— .03**  **Injection Prohibited 1200** **— 4** **— 6** **— .12**  **Class III Wells 1200** **— 4** **— 6** **— .04**  **Prevention of Pollution**

**of Ground Water A nd**  **Identification of Underground Sources**  **of Drinking Water and Exempted A** **quifers 1200** **— 4** **— 6** **— .13**  **Class IV Wells**

**1200 —** **4 —** **6 —** **.05 Injected Fluid** 

**Standards 1200** **— 4** **— 6** **— .14**  **Class V Wells 1200** **— 4** **— 6** **— .06**  **Classification of**

**Injection Wells 1200** **— 4** **— 6** **— .15**  **Fees for**  **Class I**  **Injection Wells 1200** **— 4** **— 6** **— .07**  **Permit Required 1200** **— 4** **— 6** **— .16**  **Fees for**  **Class II**  **In jection Wells**  **1200 —** **4 —** **6 —** **.08 Au**  **thorization by**

**Permit for Injection Wells Not A** **uthorized by Rule**  **1200 —** **4 —** **6 —** **.17 Fees**  **for Class**  **III Injection Wells** 
**1200 —** **4 —** **6 —** **.09 General**  **Standards and** 

**Me thods**  **1200 —** **4 —** **6 —** **.18 Fees**  **for Class**  **V Injection Wells**  **1200 —** **4 —** **6 —** **.19 Bond**  **s Required**  **for**

**Permitted Wells Ap**  **pendix A**
**1200 —** **4 —** **6 —** **.01 A** **uthority An**  **d Purpose** 

. T he purpose of these regulations is to protect the ground water resources of the State. T he authority for this rule is included in the authority given the board to protect waters of the State pursuant to T.C.A. §69

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— 105. As provided T.C.A. §69

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— 103(29), “W aters means any

a nd all water, public or private, on or beneath the surface of the ground, which are contained within, flow through, or border upon Tennessee or an y portion thereof except those bodies of water confined to and retained within the limits of private property in single ownership which do not com bine or effect a junction with natural surface or underground waters.” Authority: T.C.A. §69

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— 105. Adm inistrative History: Original rule August 9, 1985; effective September 8, 1985. **1200 —** **4 —** **6 —** **.02** General (1) Use of Number and Gender As used in these Rules: (a) Wo rds in the masculine gender also include the feminine and neuter genders; and (b) Wo rds in the singular include the plural; and (c) Wo rds in the plural include the singular.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 2 ( Rule 1200

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— .02 continued) (2) Rule Structure These Rules are organized, numbered, and referenced according to the following outline form: (1) paragraph (a) subpara graph 1. part (i) subpart (I) item I. subitem A. section (A) subsection (3) Definitions For the purposes of the Underground Injection Control program established in this chapter, the definition of any word or phrase used in these regulations shall be the same as given in T.C.A. 69
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- 103 except the following words or phrases shall have the following meanings: “Aquifer” means a formation, group of formations, or part of a formation that contains a sufficient quantity of permeable material to yield s ignificant quantities of water for wells and springs. “Area of Review” (AOR) means the area surrounding an injection well described according to the criteria set forth in Rule 1200
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- .09(3) or in the case of an area permit, the project area plus a circum scribing area the width of which is either a mi le or a num ber calculated according to the criteria set forth in the formula for injection well AOR. “Casing” means a tubular retaining structure which is installed in an excavated hole to ma intain the wel l opening. “Cementing” means the act of em ploying cementitious material in the annulus behind the well casing. “Cesspool” means a dry well that receives untreated sanitary waste containing hum an excreta, and which sometimes has an open bottom and/or perfo rated sides. “Commi ssioner” means the Commissioner of environment and conservation or the commissioner’s duly

a uthorized representative and, in the event of the commissioner’s absence or a vacancy in the office of commissioner, the deputy commissioner. “Compatibility” means substances capable of being mixed or existing together. “Composite sam ple” means a mixture of grab sam ples collected at the same sam pling point at different times. “Confining unit or zo ne” means a geological formation, group of form ations, or part of a formation that limits fluid movement from an injection zone. “Confining bed” means a layer of distinctly less permeable material stratigraphically adjacent to one or more aquifers.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 3 ( Rule 1200

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— .02 continued) “Contamination” means the addition of any substance or matter to water. “Draft perm it” means a document prepared under Rule 1200
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- .08(7) indicating the Commissioner’s tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a “permit.” A notice of intent to terminate a permit, and a notice of intent to deny apermit, as discussed in Rule 1200
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- .08(9) are types of “draft perm its.” A d enial of a request for modification, revocation and reissuance, or termination, as discussed in Rule 120 0
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- .08(9) is not a “draft permit.” “Drilling mu d” means a heavy suspension used in drilling an “injection well,” introduced down the drill pipe and through the drill bit. “Dry well” means a well, other than an im proved sinkhole or subsurface fluid d istribution system, com pleted above the water table so that its bottom and sides are typically dry except when receiving fluids. “Enhanced recovery” means increased recovery from a pool achieved by a rtificial means or by the application of energy extrinsi c to the pool. “Emergency

permit” means a UIC “permit” issued in accordance with Rule 1200
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- .07(8). “Environmental Protection Agency” (“EPA”) means the United States Environmental Protection Agency. “EPA” means the United States Environmental Prote ction Agency. “Exempted aquifer” means an “aquifer” or its portion that me ets the criteria in the definition of “underground source of drinking water” but which has been exempted according to the procedures in Rule 1200
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- .04. “Existing injection wel l” means an “injection well” that began injection of fluids into the subsurface prior to the effective date of this rule. “Facility or activity” means any waste facility or activity (including land or appurtenance thereto) that is subject to regulation un der the Tennessee Solid Waste Disposal Act, the Tennessee Hazardous Water Management Act, the Tennessee Water Quality Control Act or the Tennessee Safe Drinking W ater Act. “Fluids” means materials or substances that flow or move whether sem i
-solid, liquid , sludge, gas or any other form or state. “Formation” means a body o r stratum of rock characterized by ad egree of lithologic homogeneity and is mappable on the earth’s surface or traceable in the subsurface. “Formation fluid” means “fluid” present in a “formation” under natural conditions as opposed to fluids introduced into a formation by i njection or em placement by m an. This term is synon ym ous with “native water.” “Grab sample” means a sample collected at a particular time and place that represents th e com position of the source at that time and place. “Ground water” means water below the land surface and free to move under the influence of gravity. “Grout” means a fluid mixture of cement and water or other cementitious material of a consistency that can be forced through a pipe under hydraulic pressure.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 4 ( Rule 1200

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— .02 continued) “Hazardous waste” means a hazardous waste as defined by rule 1200
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- .02(1)(c). “Hydrofracture” means the application of pressure sufficient to cause rupture of a subsurface formation. “Im proved Sinkhole” means a naturally occurring karst depression modified bym an in such a ma nner that the chemical, physical, biological, radiological, or bacteriological properties of the water or fluids moving into the subsurface through it have been or will be altered. “Infiltration cell” means an unlined ma n - made structure designed for the distribution of fluids into or above a “USDW. ” “Injection well” means structure or device which is used for the em placement of fluids into a subsurface stratum including, but not limited to: (a) a well used for the emplacement of fluids; (b) a subsurface fluid distribution system; (c) an im proved sinkhole; or (d) infiltration cell and any other structures or devices designed, constructed o r used to em place fluids into the subsurface, except as provided in rule 1200
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- .03(3)

. ; or (e) modified recharge point. “Injection zone” means the formation, group of formations, or part of a formation that receives fluids through an injection well

. “Injectivity index” means the rate of injection in gallons per mi nute per unit of applied injection pressure in pounds per square inch. “Innovative technology” means an experimental or unproven procedure, which has not been dem onstrated to be feasible under the conditions in which it is being tested. “Lease” means real property upon which the right to extract oil and gas or other mi nerals has been granted under contract for a share of the value of the production or an annual rental for a specified peri od. “Mechanical integrity” means me chanically complete, performs the function for which it was intended and is unimpaired. “Modified recharge point” means a naturally occurring karst feature that has been modified by ma n with a structure or in any other ma nner that the chemical, physical, biological, radiological or bacteriological properties of the water or fluids moving into the subsurface through it or the ground water has been or will be altered. “New injection well” means any well that begins inject ion of fluids into the subsurface after August 9, 1985. “Owner or operator” means the owner or operator of any “facility or activity” subject to regulation under the UIC program. “Packer” means a device placed in a well to produce a fluid
-tight seal in a section of the well bore or the annulus between the well casing and the inner injection tubing.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 5 ( Rule 1200

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— .02 continued) “Permit” means an authorization, license, or equivalent control document issued by E PA or the Department to im plem ent the req uirements of this rule. “ Permit” includes an area permit and an em ergency

p ermit. “ Perm it” as used in these UIC rules means an individual permit issued under the Water Quality Control Act and does not include an authorization by rule which is a type of g eneral permit under the W ater Quality Control Act. “Person” means an individual, association, partnership, corporation, mu nicipality, State, Federal, or Tribal agency, or an agency or employee thereof. “Plugging” means the act or process of stopping th e flow of water, oil, or gas into or out of a formation through a bore hole or well penetrating that formation. “Point of Injection” means the last accessible point where a sample may b e collected prior to waste fluids being released into the subsurface e nvironment through a Class V injection well. “Pollution” means such alteration of the physical, chemical, biological, bacteriological, or radiological properties of waters of this State including but not lim ited to changes in temperature, taste, color, tu rbidity, or odor of the waters: (a) as will result or will likely result in harm, potential harm or detrim ent of the public health, safety, or welfare; (b) as will result or will likely result in harm, potential harm or detrim ent to the health of anim als , birds, fish, or aquatic life; (c) as will render or will likely render the waters substantially less useful to domestic, mu nicipal, industrial, agricultural, recreational, or other reasonable uses; or (d) as will leave or will likely leave the waters i n such condition as to violate any standards of water quality established by W ater Quality Control Board. “Project” means a group of wells in a single operation. “Produced water” means those waters produced in conjunction with the production of crude oil or natural gas and commonly collected at field storage or disposal facilities including: lease tanks, commingled tank batteries, burn pits, and community or lease wastewater disposal systems. “Public water system” means a system for the provision of piped water for hum an consumption if such system has at least fifteen (15) connections or regularly serves at least twenty
-five (25) individuals at least sixty (60) days out of the year. “Radioactive material” means any m aterial, solid, liquid, or gas, which em its radiation spontaneously. “Radioactive waste” means any waste which contains radioactive material in concentrations which exceed those listed in Rule 1200
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- .161 Schedule RHS 8
- 1 30, Table II, Column 2. ”Recharge point” means a naturally occurri ng sinkhole or other karst feature that accepts stormwater runoff from unimproved properties. “Regional rock deformation” means folded, faulted, sheared, compressed or extended rocks which result from various earth forces. "Sanitary waste" means liquid o r solid wastes originating solely from hum ans and hum an activities, such as wastes from toilets, showers, wash basins, cleaning, clothes washing, or food preparation, together with any waters mixed with or used to convey s uch wastes, and provided that the waste or water is not mixed with industrial waste.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 6 ( Rule 1200

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— .02 continued) “Schedule of com pliance” means a schedule of remedial measures included in a “permit,” including an enforceable sequence of interim requirements (for exam ple: actions, operations, or mi lestone events) leading to compliance with the “appropriate Act and regulations.” “Septic system” means a “well” that is used to em place sanitary waste below the surface and is typically comprised of a septic tank and subsurface fluid distribu tion s ystem or disposal s ystem. "Sewage" means water
-carried waste or discharges from hum an beings or anim als, from residences, public or private buildings, or industrial establishments, or boats, together with such other wastes and ground, surface, storm , or other water as may b e present; (T.C.A. § 69
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- 103(27)). “Sinkhole” means a naturally occurring closed depression in a karst area characterized by inward drainage (inlets) accepting runoff from the surrounding area and having no visible surface outlet

. “Site” means the land or water area where any facility or activity is physically located or conducted including adjacent land used in connection with the facility or activity. “Stratum” (plural strata) means a single sedimentary bed or layer, regardles s of thickness, that consists of generally the same kind of rock material. “Subsurface fluid distribution system” (SFDS) means an assemblage of perforated pipes, drain tiles, or mechanisms intended to distribute fluids below the surface of the ground. “Total Dissolved Solids” means a material that passes through a standard glass fiber filter disk and remains after evaporation and dryi ng to constant weight at 180°C. “Transferee” means the owner or operator receiving ownership and/or operational control of the well. ”Transferor” means the owner or operator transferring ownership and/or operational control of the well. “Tremie pipe” means a device, usually small diam eter pipe, that carries grouting materials to the bottom of a drill hole and allows the em p lacement of the grout from the bottom up without the introduction of appreciable air pockets. “UIC” means the Underground Injection Control program. “Underground injection” means a “well injection.” “Underground source of drinking water” (USDW)m eans an aquifer or its part that: (a) currently supplies any public water system; or (b) contains a sufficient quantity of ground water to supply a public water system; and 1. currently supplies drinking water for human consumption; or 2. contains fewer than 10,000 mg/L total dissolved solids; and (c) which is not a portion of an aquifer which has been designated by the Department as an Exempted Aquifer. “W ell” means a bored, drilled, driven or dug shaft or hole whose depth is greater than the largest surface dim ension or an improved sinkhole; or, a subsurface fluid distribution system.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 7 ( Rule 1200

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— .02 continued)

. “W ell injection” means the subsurface emplacement of fluids through a “well.” Authority: T.C.A. §69

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— 105. Adm inistrative History: Origin al rule filed led August 9, 1985; effective September 8, 1985. Am endm ent filed April 11, 2001; effective date June 25, 2001. Am endm ent filed February 17 , 2010; effective date May 18, 2010 **1200 —** **4 —** **6 —** **.03 Injection Prohibited.** (1) Unless excluded under Su bsection (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. (2) We lls m ay

not be used for the disposal of radioactive or hazardous waste. (3) The following activities are not within the scope of subsection (1):

(a) Operation of domestic subsurface fluid distribution systems disposing exclusively of sanitary waste with the capaci ty of serving less than 20 persons; (b) Operation of facilities injecting natural gas for the purpose of storage; and (c) Operation of wastewater treatment ponds or lagoons permitted to discharge to surface waters under the National Pollutant Discharge E lim ination System (NPDES) permitting program. (4) These rules do not limit the authority of the Department to abate and prevent pollution of surface or ground water resulting from any i njection activity, or other discharge of pollutants, by requiring a pe rmit, by

i nstituting any type of enforcement action under the Water Quality Control Act or other environmental statute, or by contracting for clean
- up under T.C.A. §§68
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—201 et seq., or by other appropriate action. (5) 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 of rule 1200
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- .05 (TCA §68
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-401 et seq.). (6) After the effective date of this rule all classes of new injection wells located within Zone 1 of a community water system’s wellhead protection area as defined in R ule 1200
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- .34 under T.C.A. §§ 68
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- 701 et seq., the Tennessee Safe Drinking Water Act are prohibited. Authority: T.C.A. §69

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— 105. Adm inistrative History: Original rule filed August 9, 1985; effective September 8, 1985. Am endm ent filed April 11, 2 001; effective date June 25, 2001. Ame ndm ent filed January x, 2010; effective date April x, 2010 **1200 —** **4 —** **6 —** **.04 Prevention of Pollution of Ground Water and Identification**  **of Underground Sources of**  **Drinking Water and Exempted A quifers.**  (1) No owner or operator shall construct, operate, ma intain, convert, plug, abandon, or conduct any other injection activity in a ma nner that allows the movem ent of fluid containing any contaminant into underground sources of drinking water, if the presence of that contaminan t may cause a violation of any primary d rinking water regulation or may otherwise adversely affect the health of persons. T he 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 mo nitoring of an underground source of drinking water indicates the movement of any contaminant into the underground source of drinking water,UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 8 ( Rule 1200

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— .04 continued) except as authorized under this Rule, the Commi ssioner shall prescribe such additional requirements for construction, corrective action, operation, mo nitoring, or reporting (including closure of the injection well) as are necessary to prevent such movem ent. I n the case of wells authorized by

p ermit, the Commissioner may i mpose additional requirements by m odifyi ng the permit in accordance with Rule 1200
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- .08(8) or may terminate the permit in accordance with Rule 1200
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- .08(9). Additionally, the Commissioner may assess civil penalties for all p ermit or rule violations in accordance with T.C.A § 69
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- 115. (3) For class V wells, if at any t im e 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 obtai n 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) Ta ke enforcement action. (4) Wh enever the Commissioner learns that a Class V well may b e otherwise adversely affecting the health of persons, he or she may p rescribe such actions as may b e necessary to prevent the adverse effect, including any a ction 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 em ergency

a ction 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 mu st first determine that local authorities have not taken appropriate action to protect the health of such persons, before taking em ergency

action. (6) Identification of Underground Sources of Drinking W ater (a) The Commissioner may i dentify (by

n arrative description, illustrations, ma ps, 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 me et the definition of an “underground source of drinking water'' in Rule 1200
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- .02. Even if an aquifer has not been specifically identified by the commissioner, it i s an underground source of drinking water if it meets the definition in Rule 1200
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- .02. (b) 1. The Commissioner may i dentify (by

n arrative description, illustrations, ma ps, or other means) and describe in geographic and/or geom etric term s (such as ve rtical 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 aquife r submitted as part of a UIC Program shall be final until approved by the EPA Administrator. 3 Subsequent to program approval or promulgation by th e EPA, the Commissioner may, after notice and opportunity for a public hearing, identify a dditional 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:UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 9 ( Rule 1200

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— .04 continued) (a) Either EPA or the approved State may i nitiate program revision. Program revision may

b e 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, Mem orandum of Agreement, or s uch other documents as EPA determines to be necessary under the circumstances. (2) Wh enever 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 d ays. The public notice shall be ma iled 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 Adm inistrator shall approve or disapprove program revisions based on the requirements of this part and of the Safe Drinking W ater Act. (4) A program revision shall become effective upon the approval of the Adm inistrator. 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 aletter 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 Commi ssioner submits the exem ption in writing to the EPA Administrator and the EPA Administrator has not disapproved the designation within 45 days. Any d isapproval by

t he EPA Adm inistrator shall state the reasons and shall constitute final Agency action for purposes of judicial review. (c) 1. For Cl ass III wells, the Commi ssioner 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 mi neral or hydrocarbon producing

. I nformation contained in the mi ning plan for the proposed project, such as a ma p and general description of the mi ning zone, general information on the mi neralogy and geochemistry of the mi ning zone, analysis of the am enability of the mi ning zone to the proposed mi ning method, and a time
-table of planned development of the mi ning zo ne shall be considered by the Commissioner in addition to the information required. 2. For Class II wells, a dem onstration of commercial producibility shall be made as follows:UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 10 ( Rule 1200

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— .04 continued) (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 Commissi oner 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, informati on such as logs, core data, formation description, formation depth, formation thickness and formation parameters such as perm eability 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 me ets the criteria for an “underground source of drinking water'' may

be determined to be an “exempted aquifer'' if it meets the following criteria: (a) It does not currently serve as a source of drinking water; and (b) It cannot now and will not in the future serve as a source of drinking water because: 1. It is mi neral, hydrocarbon or geothermal energy producing, or can be dem onstrated by

ap ermit applicant as part of a permit application for a Class II or III ope ration to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible; 2. It is situated at a depth or location which ma kes recovery of water for drinking water purposes economically or technologically impractical; 3. It is so contaminated that it would be economically or technologically im practical to render that water fit for human consumption; or 4. It is located over a Class III well mi ning area subject to subsidence or catastrophic collaps e; or (c) The total dissolved solids content of the ground water is mo re than 3,000 and less than 10,000 mg/l and it is not reasonably expected to supply a public water s ystem. Authority: T.C.A. §69

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— 105. Adm inistrative History: Original rule filed Au gust 9, 1985 effective September 8, 1985. Am endm ent filed April 11, 2001; effective date June 25, 2001. Am endment filed February 17 , 2010; effective date May

18, 2010
**1200 —** **4 —** **6 —** **.05 Injected Fluid Standards** (1) An y fluid injected into or above a USDWsha ll me et the following standards unless specific

alternate standards are established by t he Department for the individual discharge based on hydrogeologic setting, character of the injectate, risk to the environment and persons utilizing the ground water resource and compliance with 1200
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- .05(1)(j): (a) Dissolved oxygen
- The injected fluid shall contain dissolved oxygen in at least the am ount that naturally occurs in that portion of the aquifer where the injection occurs.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 11 ( Rule 1200

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— .05 continued ) (b) Oils and grease - The injected fluid shall contain no oil and grease other than that of natural origin in that portion of the aquifer where the injection occurs. (c) Color and turbidity
- The injected fluids shall contain no color or turbidity othe r than that of natural origin in that portion of the aquifer where the injection occurs. (d) Coliform bacteria
- The concentration of a fecal coliform group shall not exceed 200 per 100 ml . as a geom etric mean based on a minimum of 10 samples collected from a given sam pling point over a period of not mo re than 30 consecutive days with individual sam ples being collected at intervals of not less than 12 hours. For the purposes of determining the geom etric mean, individual samples having a fecal coliform grou p concentration of less than 1 per 100 ml. shall be considered as having a concentration of 1 per 100 ml

. In addition, the concentration of the fecal coliform group in any i ndividual sam ple shall not exceed 1,000 per 100 ml. (e) Taste and odor
- The injected fluids shall have no taste or odor other than that which naturally occurs in that portion of the aquifer where the injection occurs. (f) pH
- The injected fluids shall have a pH level as naturally occurs in that portion of the aquifer where the injection occurs or as may result from normal agricultural, or silviculture activity provided all reasonable controls are used. (g) Chemical constituents
- The injected fluids shall be free from chemical constituents, other than those of natural origin in that portion of the aquifer where the injection occurs, in concentrations specified in 1200
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- .19, or combinations which would be harmful to hum an, anim al or aquatic life or detrimental to the most sensitive and governing water use. Criteria for chem ical constituents contained in guidelines published by the US Environmental Protection Agency shall be considered. (h) Solids, floating materials and deposits
- The injected fluid shall be free of distinctly visible solids, scum, foam, or oily sleek other than those of natural origin in that portion of the aquifer where the injection occurs. (i) Other pollutants
- The injected fluid shall contain no other pollutants that may be detrimental to public health or im pair the usefulness of the water for the most sensiti ve and governing water use. (j) The operation of an underground injection system shall not cause any aquifer designated as a USDWto contain any s ubstances, whether alone or in combination with other substances, that are toxic, carcinogenic, mu tagenic, or teratogenic, other than those of natural origin, at levels and conditions which violate primary d rinking water standards as given in 1200
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- 1 or adversely affect the health of persons. Authority: T.C.A. §69

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— 105. Adm inistrative History: Original rule fi led August 9, 1985 effective September 8, 1985. Am endm ent filed April 11, 2001; effective date June 25, 2001. Am endment filed February 17 , 2010; effective date May

18, 2010
**1200 —** **4 —** **6 —** **.06 Classification**  **Of Injection**  **Wells**

. I njection wells within the juri sdiction of the Department are classified as follows: (1) Class I (a) We lls used by

g enerators of hazardous waste or owners or operators of hazardous waste ma nagem ent facilities to inject hazardous waste, beneath the lowermost formation containing within a radius of one mile of the well bore, a USDW ; orUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 12 ( Rule 1200

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— .06 continued) (b) Other industrial and mu nicipal disposal wells which inject fluids beneath the lowermost formation containing, within a radius of one mile of the well bore, a USDW

. (c) Radioactive waste disposal wells which inject fluids below the lowermost formation containing an underground source of drinking water within one mile of the well bore. (2) Class II

—

We lls that inject fluids: (a) Wh ich are brought to the surface in connection with conventional oil or natural gas production and may

b e commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection; (b) For enh anced recovery of oil or natural gas; and (c) For storage of hydrocarbons which are liquid at standard temperature and pressure. (3) Class III

—

We lls that inject fluids for extraction of minerals including: (a) Mining of sulfur by the Frasch process; (b ) In
-situ production of uranium or other metals. This category includes only in
-situ production from ore bodies which have not been conventionally mined. Solution mining of conventional mines such as stope leaching is included in Class V; or (c) Solution mi ning of salts or potash. (4) Class IV (a) We lls used by g enerators of hazardous waste or of radioactive waste, by owners or operators of hazardous waste ma nagem ent facilities, or by owners or operators of radioactive waste disposal sites, to dispose of hazardous waste or radioactive waste into a formation which within one mile of the well contains a USDW ; or (b) We lls used by g enerators of hazardous waste or of radioactive waste, by owners or operators of hazardous waste ma nagem ent facilities, or by owners or operators of radioactive waste disposal sites, to dispose of hazardous waste or radioactive waste above a formation which within one mile of the well contains a USDW

. (c) We lls used by

g enerators of hazardous waste or owners or operators of hazard ous waste ma nagem ent facilities to dispose of hazardous waste, which cannot be classified under subparagraph (1)(a) or subparagraphs (4)(a) and (b) of this rule. (5) Class V

— Injection wells or systems not included in Classes 1, II, III, or IV. Class V we lls include: (a) Air conditioning return flow wells used to return to the supply aquifer the water used for heating or cooling in a heat pump; (b) Drainage wells used to drain surface fluid, primarily storm runoff, into a subsurface formation; (c) Cooli ng water return flow wells used to inject water previously used for cooling; (d) Recharge wells used to replenish the water in an aquifer;UNDERGROUND INJECTION CONTROL CHAPTER 1200

-4

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May, 20 10 (Revised) 13 ( Rule 1200

—4

—6

— .06 continued) (e) Sand backfill and other backfill wells used to inject a mixture of water and s and, mi ll tailings or other solids into mi ned
-out portions of subsurface mi nes whether what is injected is a radioactive waste or not; (f) Subsidence control wells (not used for the purpose of oil or natural gas production) used to inject fluids into a no n -oil or gas producing zone to reduce or eliminate subsidence associated with the overdraft of fresh water; (g) Injection systems associated with remedial activity. T his subparagraph does not allow the injection of hazardous waste into a Class V well. Systems used to inject contaminated ground water that has been treated and is being reinjected into the same formation from which it was drawn are not prohibited by this rule if such injection is approved by

state or federal agencies operating under the Tennessee Hazardous W aste Management Act, Part 1 or Part 2, T.C.A. Sections 68
-212
- 101 et seq. or 68
- 212
-201 et seq. or Tennessee Petroleum Underground Storage Tank Act, T.C.A. Sections 68
-215
- 101 et seq. or Tennessee Water Quality Control Act, T.C.A. Secti ons 69
- 3
- 101 et seq. or Resource Conservation and Recovery Act (RCRA); 42 USC 6901
- 6992k or Comprehensive Environmental Response and Liability Act of 1980; 42 USC 9601
- 9675; (h) Injection wells associated with the recovery of geothermal energy for heating , aquaculture and production of electric power; (i) We lls used for solution mining of conventional mines such as stopes leaching; (j) Injection wells used in innovative or experimental technologies; (k ) Injection wells used for in site recovery of ligni te, coal, tar sands, and oil shale; and (1) We lls used to inject spent brine into the same formation from which it was withdrawn after extraction of halogens or their salts. (m ) Large capacity subsurface fluid distribution systems with the capacity to se rve mo re than 20 persons per day. (n) Infiltration cells. (o) Subsurface fluid distribution systems disposing of waste other than sanitary waste. (p) Dry

wells used for the injection of wastes into a subsurface formation; (q) Modification of a recharge point or the area where the recharge originates; and (r) Improved sinkholes Authority: T.C.A. §69

—3

— 105. Adm inistrative History: Original rule filed August 9, 1985 effective September 8, 1985. Am endm ent filed April 11, 2001; effective date June 25, 2001

. Am endm ent filed February 17 , 2010; effective date May 18, 2010 **1200 —** **4 —** **6 —** **.07 Permit Required.** (1) Except for exclusions specified in paragraph 1200

—4

—6

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

—4

—6

— .14(2).UNDERGROUND INJECTION CONTROL CHAPTER 1200

-4

-6

May, 20 10 (Revised) 14 ( Rule 1200

—4

—6

— .07 continued) (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. T he owner or operator mu st 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 We lls is authorized by v irtue of this rule provided com pliance with rule 1200
-4
-6
- .05(1) and any other applicable rules of this Chapter are ma intained. Owners/operators of existing Class V wells that fail to ma intain compliance shall immediately cease operation and submit an application. Owners/operators of all existing Class V wells shall submit an application within the appropriate tim e fram e for each grand division as specified in this rule. W ithin six (6) mo nths of the effective date of this rule, owner/operators of injection wells within the Western Grand Division mu st submit an application. Wi thin twelve (12) mo nths of the effective date of this rule, owner/operators of injection wells within the Central Grand Division mu st submit an application. Wi thin eighteen (18) mo nths of the effective date of this rule, owner/operators of injection wells within the Eastern Grand Divisio n mu st submit an application. I f an application for an existing Class V well is not submitted within the specified tim efram e, 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 th is Chapter. (b) Compliance with standards in addition to those listed in this Chapter is required to protect USDW s from pollution. (6) Reserved. (7) Class V wells utilizing innovative or experimental technologies, may n ot be authorized by rule, but only by a permit. The permit shall require a surety bond. (8) Em ergency permits. (a) Coverage. N otwithstanding any other provision of this Rule the Commissioner may temporarily permit a specific underground injection if: 1. An imminent and substantial end angerment to the health of persons will result unless a temporary em ergency 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 o il or gas resources will occur unless a

temporary

emergency permit is granted to a Class II well; and (ii) Ti me ly

application for a permit could not be practically made; and (iii) The injection will not result in the movem ent of fluids into underground s ources of drinking water; or 3. A substantial delay i n production of oil or gas resources will occur unless a temporary

e me rgency permit is granted to a new Class II well and the temporary authorization will not result in the movement of fluids into an un derground source of drinking water. (b) Requirements for issuance.UNDERGROUND INJECTION CONTROL CHAPTER 1200

-4

-6

May, 20 10 (Revised) 15 ( Rule 1200

—4

—6

— .07 continued)

1. An y temporary permit under part (a)1 of this paragraph shall be for no longer term than required to prevent the hazard. 2. An y temporary permit under pa rt (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 p eriod, the Commissioner may extend the temporary permit until final action on the application. 3. An y temporary

p ermit under part (a)3 of this paragraph shall be issued only after a com plete permit application has been submitted and shall be effective until final action on the application. 4. Notice of any

tem porary permit under this paragraph shall b e 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 b e either verbal, or written. I f verbal authorization, it mu st be followed within 5 calend ar days by awritten temporary

emergency permit. 6. The Commissioner shall condition the permit in any m anner 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. Adm inistrative History: Original rule filed August 9, 1985; effective September 8, 1985. Am endm ent filed April 11, 2001; effective date June 25, 2001. Am endm ent filed February 17 , 2010; effective date May 18, 2010
**12 00** **— 4** **— 6** **— .08 A** **uthorization By Permit For Injection Wells Not A uthorized 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 th e 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 Am erican Industry Classification S ystem (NAICS) codes which best reflect the principal products or services provided by the facility. (d) The operator’s name, address, telephone num ber, ownership status, and status as Federal, State, private, public, or other entity. (e) Wh ether the faci lity 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 W aste Management program under federal or state law. 2. UIC program under federal or state law. 3. NPDES program under federal or state law.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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-6

May, 20 10 (Revised) 16 ( Rule 1200

—4

—6

— .08 continued)

4. Prevention of Significant Deterioration (PSD) program under federal or state law. 5. Nonattainment program under federal or state law. 6. National Em ission 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. Secti on 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 a re 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 R ules and any supplemental information, as may b e required, is submitted to the Department. The application shall identify (by n arrative description, illustrations, ma ps, or other suitable means) and describe by g eographic or geom etric terms (including late ral and vertical lim its 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 au thorizations 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 b e 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) ye ars 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 t he Uniform Adm inistrative Procedures Act, T.C.A. §§4

—5

— 101 et seq., the term of a perm it shall not be extended by m odification beyond the maximum duration specified in this rule. (c) The Department may i ssue 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) Ti mefor com pliance. An y 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.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 17 ( Rule 1200

—4

—6

— .08 continued) (c) Interim dates. Except as provided in this section, if a permit establishes a schedule of com pliance which exceeds one (1) ye ar 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 tim e necessary for com pletion of any interim requirement (such as the construction of a control fa cility) is mo re than one (1) ye ar and is not readily divis ible into stages for com pletion, the permit shall specify i nterim 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. (5) Effect of a permit (a) A permit may

b e revoked, suspended or modified during its term for cause, under T.C.A. §69
- 3
- 108(f). (b) The issuance of a perm it does not convey a ny p roperty

rights of any sort, or any exclusive privilege. (c) The issuance of a permit does not authorize any i njury to persons or property o r invasion of other property rights, or any i nfringement 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 b e subject to under the Tennessee Hazardous Waste Management Act (T.C.A. 6

—46

— 101 et. seq.) (6) Tran sfer of permits

— A permit may

b e 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 De partment 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 mon itoring requirements. (b) Upon request, the Department shall send to the requestor copies of the foregoing documents. (c) Ti mi ng 1. Public notice of the preparation of a draft permit shall allow at least thirty (30) days for public comment. 2. Public n otice of a public hearing shall be given at least thirty (30) days before the hearing. (Public notice of the hearing may b e given at the same tim e as public notice of the draft permit and the two notices may be combined.) (d) Methods. Public notices of p ermit actions shall be given by the following methods:UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 18 ( Rule 1200

—4

—6

— .08 continued)

1. By

m ailing 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 sam e facility or activity; (iii) federal, state and loca l 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) notifyi ng the public of the opportunity to be put on the ma iling 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 u pdate the ma iling list from tim e to tim e by requesting written) indication of continued interest from those listed. T he Department may d elete fro m the list the nam e of any person who fails to respond to such a request. 2. By

p ublication of a notice in a daily or weekly n ewspaper within the area to be affected by the facility or activity; 3. An y other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by i t, including press releases or any other forum or medium to elicit public participation. (e) Contents. All public notices of perm it actions shall contain the following mi nim um 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 p ermit conditions;UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 19 ( Rule 1200

—4

—6

— .08 continued)

6. Reasons why any requested variances do or do not appear justified; 7. Name, address, and telephone num ber of a person from whom i nterested persons may

o btain further information including copies of the draft perm it, 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

whi ch the public may p articipate 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 app licable rules and procedures; and 12. An y 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 appli cation 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. Th e Department shall hold a public hearing whenever, as evide nced by requests, there is public interest in a draft perm it. A p ublic hearing may

a lso be held at the Department’s discretion to clarify issues in the permit. (h) Consideration of comments and response. 1. All comments subm itted during the public comme nt 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 m ade 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. T his 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.UNDERGROUND INJECTION CONTROL CHAPTER 1200

-4

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May, 20 10 (Revised) 20 ( Rule 1200

—4

—6

— .08 continued) (j) Within thirty

( 30) days of receipt of notice of a final permit decision, or prior to any l ater date specified in the notice, a ny p erson 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. T he petition shall include a statement of all of the permit conditions which are ch allenged 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 Adm inistrative Procedures Act. Th e Board shall ma kea recommendation on iss uance or denial of the permit or perm it 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 of receipt of notice of a final permit decision, the permit ap plicant 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 perm its.

— Wh en the Department determines that one or mo re causes exist for modificati on 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. Wh en a permit is mod ified, 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 mi nor modifications, the permit may

b e modified without a draft permit or public review. Otherwise, a draft permit mu st be prepared and public review procedures as set out herein must be followed. (a) Causes for modification. T he following are causes for modification and may b e causes for revocation and reissuances. 1. Alterations. T here are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit cond itions that are different or absent in the existing permit. 2. Information. T he Department has received information that was not available at the tim e of perm it 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 i nformation indicating that cum ulative effects on the environment are unacceptable. 3. New regulations. The standard or regulations on which the permit was based have been changed by p romulgation of am ended 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 p romulgation of amended standards or regulations, when: (I) The perm it 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 con dition 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 com petent jurisdiction has remanded and stayed Department promu lgated regulations if the remand and stayUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 21 ( Rule 1200

—4

—6

— .08 continued)
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 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 dete rm ines 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 perm it 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 issu ance process to disclose fully all relevant facts, or the perm ittee’s mi srepresentation of any relevant facts at any time; or 3. A determination that the permitted activity e ndangers hum an health or the environment and can only b e 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 m odify a permit to ma ke 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 com pliance date in a schedule of com pliance, provided the new date is not mo re 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 me et conditions described in the permit and would not change its classification;UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 22 ( Rule 1200

—4

—6

— .08 continued) (e) Change a construction requirement approved by the Department, provided that any such alteration shall comply with all requirements of this rule; or (f) Am end a plugging and abandonment plan. (g) Allow for a change in ownership or operational control of a facility where the Commissioner determi nes that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of perm it 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 aresponsible 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 perfo rms sim ilar policy or decision ma king functions for the corporation, or (II) the ma nager of one or mo re ma nufacturing, production or operation facilities em ploying mo re than 250 persons or having gross an nual sales or expenditures exceeding 25 mi llion dol lars (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the ma nager in accordance with corporate procedures. Note: The Department does not require specific assignments or delegations of authority to responsib le corporate officers identified in subpart (f). T he 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 ag eneral partner or the proprietor, respectively; or 3. For a mu nicipality, State, Federal, or other public agency: by e ither a principal executive officer or ranking elected official. (b) Reports. All reports required by permits, and other information requested by t he D epartment, shall be signed by aperson 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 subpa ragraph (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 ma nager, operator of a well or well field, superintendent, or position of equivalent responsibility (A duly authorized representative may thus be either a nam ed individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Department.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 23 ( Rule 1200

—4

—6

— .08 continu ed) (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) mu st 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. An y person signing a document under this section shall ma ke the following certification. “I certify under penalty of law that this document and all attachments were prepared under my

d irection or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the info rm ation submitted. Based on m y inquiry of the person or persons who ma nage 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 subm itting false information, including the possibility of fine and im prisonm ent for knowing violations.” (13) Permit Requirements

—All UIC permits shall contain permit conditions established by t he Commi ssioner 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 co nditions 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 hum ans, and the risk of mi gration. 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 mu st com ply with all conditions of this permit and all applicable laws and regulations. An y permit noncompliance constitutes a violation of the Tennessee Water Quali ty C ontrol 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 th is permit after the expiration date of this permit, the permittee mu st apply for and obtain a new permit prior to expiration of this permit. (c) It shall 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 mi nimize or correct any adverse im pact on the environment resulting from non
-compliance with this permit. (e) The permittee shall at all times properly operate and ma intain all facilities and systems of related appurtenances) which are installed or used by the permittee to achieve com pliance 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 simil ar systems only when necessary to achieve compliance with the conditions of the permit. (f) This permit may b e modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reis suance, orUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 24 ( Rule 1200

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— .08 continued)

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 perm ittee shall furnish to the Department, within a tim e 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 perm ittee 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 prem ises where a regulated facility o r activity is located or conducted, or where records mu st be kept under the conditions of this permit; 2. Have access to and copy, at reasonable times, any records that mu st be kept under the conditions of this permit; 3. Inspect at reasonable tim es any facility, equipment (including mo nitoring and control equipment), practices, or operations regulated or required under this permit; and
4. Sam ple or mo nitor at reasonable times, for the purposes or assuring permit com pliance or as otherwise authorized by the Tennessee Water Quality Control Act, any substances or parameters at any location. (j) Monitoring and records. 1. Sam ples and measurements taken for the purpose of mo nitoring shall be representative of the mo nitored activity. The permittee shall mo nitor injection fluids, injection operations, and local ground water supplies, in accordance with the requirements for the applicable class of well stated in rules 1 200

—4

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— .10 through 1200

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—6

— .14. 2. The permittee shall retain records of all monitoring information, including the following: (i) Calibration and ma intenance records and all original strip chart recordings for continuous mo nitoring instrumentation, cop ies of all reports required by this permit, and records of all data used to com plete the application for this permit, for a period of at least 3 ye ars 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 ye ars

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:UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 25 ( Rule 1200

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— .08 continued) (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) Anti cipated 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 requirem ents 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 e ndanger health or the environment, i ncluding: (I) An y mo nitoring or other information which indicates that any contaminant may cause an endangerment to USDW s; or (II) An y noncompliance with a permit condition or ma lfunction of the injection system whic h may cause fluid migration into or between USDWs

. An y such information shall be provided orally within 24 hours from the tim e the permittee becomes aware of the circumstances. A written subm ission shall also be provided within 72 hours of the tim e the permittee becomes aware of the circumsta nces. 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 isUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 26 ( Rule 1200

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— .08 con tinued) expected to continue; and steps taken or planned to reduce, elim inate 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. Wh ere 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 a n area permit under rules 1200

—4

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— .11 and 1200

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—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 Departm ent has inspected or otherwise reviewed the new injection well and finds it is in compliance with the conditions of the permit; or (ii) The perm ittee has not received notice from the Director of his or her intent to inspect or otherwise review the new i njection 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 a ll tim es ma intain sufficient financial resources to allow for the proper plugging and abandonment of the well. I n the event of a change of ownership or other transfer of permit, the transferee shall provide proof of financial responsibility before continu ed 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 we lls 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. I f 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, andUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 27 ( R ule 1200

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— .08 continued)

thereafter ma intain me chanical integrity for the well. W hen the Department determines that a Class I, II, or III well lacks me chanical integrity, the Department shall give written notice of the determination to the owner or op erator. U nless 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. T he Department may a llow plugging of the well pursuant to the requirements of this rule or require the permittee to perform such a dditional construction, operation, mo nitoring, reporting and corrective action as is necessary to prevent the movem ent of fluid into or between USDWscaused by the lack of me chanical integrity. T he owner or operator may resume injection upon written notification from the Department that the owner or operator has dem onstrated mechanical integrity pursuant to this rule. T he Department may a llow the owner or operator of a well which lacks mechanical in tegrity to continue or resume injection, if the owner or operator has made a satisfactory d em onstration that there is no movem ent of fluid into or between USDW s. (q) A Class I, II or III permit shall include and a Class V permit may i nclude, conditions to insure that plugging and abandonment of the well will not allow the movem ent of fluids into or between USDW s. Wh ere 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 me eting the requirements of this paragraph, or deny t he permit. Authority: T.C.A. §69

—3

— 105. Adm inistrative History: Original rule filed August 9, 1985; effective September 8, 1985. Am endm ent filed April 11, 2001; effective date June 25, 2001. Ame ndm ent filed January x, 2010; effective date April x, 2010
**1200 —** **4 —** **6 —** **.09 General Standards A nd 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 p rovisions applicable to a particular class of well. (2) Supervisory Standard. All phases of well construction, testing and operation shall be supervised by ap erson who is knowledgeable and experienced in practical drilling engineering and who is fa mi liar with the special conditions and requirements of injection well construction. (3) Area of Review (a) Descriptions of the area of review are subject to approval by t he Department according to either subpart 4(i) or (ii)) of this subparagraph. T he Commi ssioner may s olicit input from the owners and operators of injection wells within the State as to which method is most appropriate for each geographic area or field. I n no event shall the bou ndary of an area of review be less than a radius of one (1) mi le from any i njection well covered by the appropriate authorization. The following factors are to be included in the description: 1. Chemistry

of the injection and formation fluids; 2. Hydrog eology, including the direction of ground water movement; and 3. Ground water use and dependence; past, present, and future, as documented by public record and 4. The area of potential im pact as determined by e ither subpart (i) the calculated zone of end angering influence or subpart (ii) a fixed radius. (i) Zone of endangering influence.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 28 ( Rule 1200

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— .09 continued) (I) The zone of endangering influence shall be: I. In the case of application(s) for well permit(s) under Rule 1200
- 04
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- .08, that area the radius of which is the lateral distance in which the pressures in the injection zone may

cause the mi gration of the injection and/or formation fluid into an underground source of drinking water; or II. In the case of an application for an area permit , the project area plus a circumscribing area the width of which is the lateral distance from the perimeter of the project area, in which pressures in the injection zo ne may cause the migration of the injection and/or formation fluid into an underground so urce of drinking water. (II) Computation of the zone of endangering influence may be based upon the parameters listed below and should be calculated for an injection tim e period equal to the expected life of the injection well or pattern. T he following m odified Theis equation illustrates one form which the mathematical model may take.
r = ‘ 

# ( 2.25KHt

# ) 1/2 S10 x where: X = 4πKH(h w- h boXS p G b 2.3Q r = Radius of endangering influence from injection well (length) K = Hydraulic conductivity of the injection zone (length/time) H = Thickness of the injection zone (length) t = Time of injection (time) S = Storage coefficient (dimensionless) Q = Injection rate (volume/time) h bo = Observed original hydrostatic head of injection zone (length) measured from the base of the lowermost underground source of drinking water h w = Hydrostatic head of underground source of drinking water (length) measured from the base of the lowermost underground source of drinking water S p G b = Specific Gravity of fluid in the injection zon e (dimensionless) Π (pi) = 3.142 (dimensionless) The above equation is based on the following assumptions: I. The injection zone is homogeneous and isotropic; II. The injection zone has infinite areal extent;UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 29 ( Rule 1200

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— .09 continued) III. The i njection well penetrates the entire thickness of the injection zone; IV. The well diameter is infinitesimal com pared to “r”; when injection time is longer than a few minutes; and V. The em placement of fluid into the injection zone creates instantaneous i ncrease in pressure. (ii) Fixed radius. (I) In the case of application(s) for a well permit(s), a fixed radius around the well of not less than one mile may be used. (II) In the case of an application for an area permit, a fixed width of not less than o ne mile for the circumscribing area may be used. In determining the fixed radius, the following factors shall be taken into consideration: c hem istry of the injected and formation fluids; hydrogeology; population and ground
-water use and dependence; and h istorical practices in the area. (b) The Department may require an owner or operator of an existing or proposed injection well to submit information necessary to establish the area of review. (4) Mechanical Integrity Standards. (a) An injection well has me chanical integrity if there is no significant leak in the casing, tubing or packer, and if there is no significant fluid movem ent into USDW s through vertical channels in and adjacent to the injection well bore hole. (b) The following tests shall be use d 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 a llow the use of tests to evaluate me chanical integrity other than those listed in this Rule if such tests have been approved in writing by the Department and, if the De partment 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. (5) Corrective Action Standards (a) Standards 1. Applicants for injection well permits shall identify t he location of all known wells within the area of review which penetrate the injection zone, or in the case of Class II wells operating over the fracture pressure of the injection formation, all known wells within the area of review penetrating formations affected by t he increase in pressure. For such wells which are improperly sealed, completed orUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 30 ( Rule 1200

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— .09 continued) abandoned, the applicant shall also submit a plan consisting of such steps or modifications as are necessary to prevent movement of fluids into USDW s. (b) Requirements 1. An y permit issued for an existing injection well (other than a Class II well) requiring corrective action shall include a compliance schedule requiring any corrective action accepted or prescribed shall be completed as soon as possible. 2. No permit for a new injection well may a uthorize injection until all required corrective actio n has been taken. (c) Injection pressure limitation

—The Department may require as a permit condition that injection pressure be so limited that pressure in the injection zone does not exceed hydrostatic pressure at the site of any improperly completed or abandoned well within the area of review. This pressure limitation shall satisfy the corrective action requirement. Alternatively, such injection pressure limitation can be part of a compliance schedule and last until all other required corrective action h as been taken. (d) In determining the adequacy of corrective action to prevent fluid movem ent into or between formations containing USDW s, the following criteria and factors shall be considered by the Department: 1. Nature and volume of the injected flui d; 2. Nature of native fluids, and by
- products of injection; 3. Potentially affected population; 4. Geology; 5. Hydrology; 6. History of the injection operation;
7. Completion and plugging records; 8. Abandonment procedures in effect at the time th e well was abandoned; and 9. Hydraulic connections with formations containing USDW s. (e) Class III wells only. Wh en setting corrective action requirements, the Commissioner shall consider the overall effect of the project on the hydraulic gradient in the potentially affected USDW s, and the corresponding changes in potentiometric surface(s) and flow direction(s) rather than the discrete effect of

each well. I f a decision is made that corrective action is not necessary based on the determinations above, the monitoring program required in Rule 1200
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- .12 shall be designed to verify the validity of such determinations. (6) Plugging and Abandonment Standards. (a) An injection well, or a test or mo nitor well associated with an injection well, mu st be a bandoned and plugged when:UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 31 ( Rule 1200

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— .09 continued)

1. the well is no longer usable for its intended purpose or other purpose as approved by the Department; 2. the well poses a potential threat to the quality of the waters of the state; or 3. th e well has not been operated for two (2) years. (b) Wh en it is necessary to plug and abandon a well covered by these regulations, an application for a plugging and abandonment permit will be submitted to the Department on the form prescribed. The application will include: 1. Reasons for abandonment; 2. A copy

of the approved plugging and abandonment plan which was submitted with the application for construction or operation permits; and 3. An y modifications deemed necessary to the previously approved pl ugging and abandonment plan. (c) The owner/operator of an abandoned injection well or facility may b e required to submit all pertinent records of construction, operation and abandonment to the Department within a period of not less than one year following the date of abandonment. (d) An y well that is to be permanently p lugged and abandoned shall be completely filled and sealed in such a ma nner that vertical movem ent of fluid either into or between formation(s) containing USDWsthrough the bore hole is not allowed. The proposed method of filling and the type of material to be used shall be approved by the Department. (e) As a mi nim um , perm anent seals mu st be placed in the bore hole opposite (1) the lowermost confining bed, and (2) each intermediate confini ng bed between successive formation(s) containing USDWs

. (f) Seals intended to prevent vertical movem ent of water in a well bore hole shall be com posed of cement, sand
-and
-cement, or concrete or other sealing materials dem onstrated to the satisfaction of the Department to be effective. (g) The minimum length of a seal required in (f), above, shall be 20 feet. (h) The bore hole above the uppermost formation(s) containing a USDWs hall be filled with materials less permeable than the surrounding undisturbed formations, the uppermost five (5) feet of the bore hole (at land surface) shall be filled with a material appropriate to the intended use of the land. (i) The materials used to fill spaces between well seals shall be filled with disinfected dim ensional ly

stable materials, compacted me chanically if necessary

to avoid later settlement except that cement, cement and sand, and concrete do not require disinfection. d isinfection of well filling materials shall be accomplished by u sing chlorine com pounds such as sodium hypochlorite or calcium hypochlorite. (j) Te mporary

bridges may

b e used to avoid having to fill very deep holes below the deepest point at which a permanent seal is required. Te mporary b ridges used to provide a base for a permanent seal shall consist of materials approved by the Department. (k ) After a cessation of operations of two ye ars, the owner or operator shall plug and abandon the well in accordance with the plan unless he:UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 32 ( Rule 1200

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— .09 continued)

1. Provides notice to the commi ssioner; and 2. Describes actions or procedures, satisfactory to the Commissioner that the owner or operator will take to ensure that the well will not endanger USDW s during the period of temporary abandonment. T hese actions and procedures shall include com pliance with the technical requirements applicable to active injection wells unless waived by the Commissioner. (7) Placement of sealing materials. (a) Approved sealing materials used in abandonment operations shall be introduced at the bottom of the well or interval to be sealed and placed progressively upward to the top of the well. All such sealing materials shall be placed in such a wa y as to avoid segregation or dilution of the sealing materials. The method of emplacing materials shall be approve d by the Department. Dumping sealing material from the top of the well shall not be allowed. (b) Permanent seals shall be placed in wells or bore holes opposite confining beds between aquifers which are identifiable as, or are suspected of being, hydrauli cally s eparated under natural, undisturbed conditions. After the required seal has been installed, the remainder of the confining zone between formations containing USDW s may b e filled with sand, sand and gravel, or other rock material acceptable to the De partment. (8) Special Conditions. (a) The permanent sealing of flowing wells or wells that have a positive shut
- in pressure head at the land surface shall be accomplished only after the wells have been prepared in such a way

as to prevent any

backflow of water or other fluids at the land surface. This can be accomplished by i ntroducing high specific gravity fluids at the bottom of the bore hole and filling the hole with the fluid until all flow ceases or the shut
- in pressure is reduced to zero. If the dis placed fluid constitutes a contami nant, special handling will be required to avoid any threat to USDWs

. (b) Prior to abandonment, any C lass I or Class III well or any mo nitoring well that extends to the top of the shallowest injection zone shall be sealed from the top of the shallowest injection zone to the land surface with neat cement grout or an approved equivalent cem entitious material such as neat cement with a maximum of 5percent by

weight of commercially processed bentonite. (c) The following sha ll be considered in determining the adequacy of a plugging and abandonment plan for injection wells: 1. The type and number of plugs to be used; 2. The placement of each plug including the elevation of the top and bottom; 3. The type, grade and quantity of plugging material to be used; 4. The method of placement of the plugs; 5. The procedure used to plug and abandon the well; 6. An y newly

constructed or discovered wells, or information, including existing well data, within the area of review; 7. Geo logic formations present including but not limited to type of strata, structure

and location of any aquifer;UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 33 ( Rule 1200

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— .09 continued)

8. Economic conditions; and 9. Such other factors that may affect the adequacy of the plan. (9) Verification of P rocedures. (a) Except under em ergency conditions the Department is to receive thirty ( 30) days advance notice of the intent to plug and abandon either an injection or mo nitoring well in order to permit Departmental personnel to witness the procedure. (b ) Within ninety

( 90) days after com pletion of plugging, the permittee shall provide to the Department documentation that the well was adequately plugged and abandoned. (10) Evidence of financial responsibility shall be dem onstrated to accomplish all actio ns required under these rules, including all plugging and abandonment activities. This financial responsibility requirement does not apply to those Class V wells which are permitted by rule. (11) The Commi ssioner may require, by

written notice on a select ive well
- by
-well basis, an owner or operator of an injection well to establish and ma intain records, make reports, conduct mo nitoring, and provide other information as is deemed necessary to determine whether the owner or operator has acted or is acting in compliance with T. C.A. § 69
- 3
- 101 et seq., Tennessee Water Quality Control Act or its implementing regulations. (12) All injection wells mu st be placed on a plat with the Register of Deeds by the seller of the individual properties that the injection wel l is located on or the injection zone is beneath. T he owner/operator of the injection well shall have contractual agreement for access to the injection well at all reasonable times. (13) An y person owning or operating an injection well shall keep the Department advised of his or her current address and must readily accept all mail sent by the Department. For the purposes of this Rule, registered or certified ma il sent with proper postage to the registered owner or operator’s last known address shall be considered adequate notification regardless of whether the ma il is accepted or returned unclaimed. Authority: T. C. A. §69

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— 105. Adm inistrative History: Original rule filed August 9, 1985; effective September 8, 1985. Am endm ent filed April 11, 2001; effe ctive date June 25, 2001. Am endm ent filed February 17 , 2010; effective date May 18, 2010 **1200 —** **4 —** **6 —** **.10 Class I Wells.** (1) The following are prohibited: (a) Subsurface emplacement of fluids containing hazardous waste into ground water

. (b) Subsurface em placement of waste fluids into ground water in a location containing extractable energy- related resources including but not lim ited to oil, gas, oilshale, coal and lignite. (See attached Figure A) (c) Subsurface em placement of waste fluids into ground water in areas characterized by regional rock deformation such as of the magnitude that occurs in eastern Tennessee. (See attached Figure A) (d) Subsurface em placement of waste fluids into or beneath aquifers com posed of uncemented sand such as occurs in western Tennessee. (See attached Figure A)UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 34 ( Rule 1200

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— .10 continued) (e) The application of pressures sufficient to initiate new fractures or propagate existing fractures in the injection or confining zone. (2) Permit Application for Class I We lls ( a) Three separate and independent permits will be needed for Class I We lls. They are: 1. Construction permits; 2. Operating permits; and 3. Abandonment and plugging permits. (b) The counties in the following list generally do not have the characteristi cs enumerated in rule 1200

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— .10(1) above. However, if such characteristics do exist in a particular location the prohibitions in section (1) above would apply.
Bedford Houston Perry Cannon Humphreys Robertson Cheatham Lawrence Rutherford Coffee Lewis Sm ith Davidson Lincoln Stewart DeKalb Macon Sum ner Dickson Maury Trousdale Franklin Marshall Wa rren Giles Moore Wi lliam son Hickman Montgomery Wi lson (3) Construction Permit Requirements (a) Feasibility Study

—An application for a permit to const ruct a new Class I injection well or for a perm it modification to inject a fluid which has not been authorized by the existing permit shall be considered only after a thorough evaluation of all reasonable disposal methods. This requirement shall be satisfi ed as follows: 1. Subm ission to the Department of a technical report providing: (i) a characterization of the fluid to be injected; (ii) the source of the fluid to be injected; (iii) an evaluation of all reasonable methods of disposal which may b e used for each fluid to be injected; (iv) a dem onstration of the effect of the fluid on the host rock and the ground water; and (v) documentation that underground injection is a feasible means of the permitting process or disapprove the proposed injection we ll. 2. After a review, the Department, will either approve continuation of the permitting process or disapprove the proposed injection well. (b) Description of Area

— If the Department approves the feasibility study, a hydrogeologic description of the area surrounding the site of the proposed injection facility must beUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 35 ( Rule 1200

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— .10 continued)

submitted. The study area shall extend for at least a two and one- half mi les (2 1⁄2) radius of the site. The description shall include but not be limited to th e following: 1. A set of inventories and maps that shall provide the following information to the extent that such information is known to the applicant or is available in public records. (i) A tabulation of data on all wells of public record (to include water wells) located within the study area, to include: (I) method of construction, (II) date drilled, (III) location, (IV) depth, (V) record of plugging or completion, and (VI) the present use of the well. (ii) A tabulation of surface waters located within the study area to include: (I) type (II) location, and (III) use. (iii) A m ap(s) showing the location of: (I) wells, (II) surface waters, and (III) other pertinent surface features such as roads, mi nes, quarries, residences and planned developments, within the study area. 2. Hydrogeological data including ma ps and cross sections showing local and regional geological structure, the horizontal and vertical extent of formation(s) containing a USDW , the proposed injection zone, and the directi on of flow of water in each formation(s) containing a USDW and proposed injection zone. 3. After a review, the Department will either approve continuation of the permitting process or disapprove the proposed injection well. (c) Construction Plans

—Application for a perm it to construct a Class I We ll shall contain a proposed step
- by
-step drilling plan. The drilling plan mu st specify t he proposed drilling, sam pling, coring, and testing program and adhere to the design criteria and construction standards provided in this rule. If the Department determines that the construction permit application me ets the requirements of subsections (d), (e), and (f) of this rule, the construction permit shall be issued. ( Rule 1200

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— .10 continued)UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 36 (d) Design Criteria 1

. All Class I wells shall be designed and constructed in such a fashion they i nject into a formation which is beneath the lowermost formation containing a USDW s. 2. All Class I wells shall be cased and cemented to prevent the movem ent of fluids into or between formation(s) containing a USDWa nd to ma intain the quality of aquifers above the injection zone that may b e used for mo nitoring or other purposes. 3. A deviation survey will be run at sufficiently frequent intervals to ensure that the casing can be set and centered for cementing. 4. The Department may require directional surveys, if, after an analysis of the well design and drilling program, it is deemed necessary. 5. The construction should be supervised by ap erson knowledgeable and experienced i n drilling and completion of injection wells. 6. All Class I injection wells shall inject fluids through tubing with a packer set immediately above the injection zone, or tubing with an approved fluid seal as an alternative. The tubing, packer, and fluid seal shall be designed for the expected service. (e) Casings 1. The casings used in the construction of each newly d rilled Class I well shall be designed for the life expectancy of the well. 2. The number, thickness, type of materials, and length of cas ing shall be sufficient to protect the USDWsand the integrity of the well and the confining strata. 3. Exact setting depths for all casings shall be determined in the field, based on all available information, in order to best protect USDW s. (f) Cementi ng—The applicant shall submit the proposed cem enting program with the drilling plan. The proposed program should insure that an adequate bond can be achieved between the casing and the borehole. 1. The cementitious material used in the construction of eac h newly drilled well shall be designed for the life expectancy of the well. In determining and specifying casing and cementing requirements, the following factors shall be considered: (i) depth to the injection zone; (ii) depth to the bottom of all formation(s) containing USDW s; (iii) injection pressure, external pressure, internal pressure, and axial loading; (iv) hole size; (v) size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification and construction material); (vi) corrosiveness of injected fluid, formation fluids, and temperatures; (vii) lithology of injection and confining zones;UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 37 ( Rule 1200

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— .10 continued) (viii) type, grade, and amount of cementitious material. 2. Cementitious material mu st be compatible with the injected fluid, native fluids, and the formations penetrated by the bore hole. 3. Use of additives to the cem entitious materials used for mixing shall be determined by

t he applicant, provided the integrity, containment, corrosion protection, and structural strength of the cementitious material are not significantly

affected. Accurate records shall be kept and recorded of all additives used. 4. Prior to cementing, the hole shall be conditioned in such a way as to optimize bonding of the cement to the casing and formation, and to prevent channeling. 5. Placement of cementitious material shall be in such a ma nner that the purposes and characteristics of the cem ent are retained, and shall be subject to Department approval. 6. The ap plicant shall submit a cement testing program with the permit application for Department approval. The purpose of the cement testing program is to insure that the cement seal is adequate to prevent mi gration of fluids in channels, mi croannular spaces, or voids in the cement. The following methods of testing, as a minimum, shall be considered: (i) pressure testing of casing
- to not less than 1.5 times the expected injection pressure; (ii) temperature log
- mu st be run within forty
- eight (48) hours after cem enting; and (iii) cem ent bond log. (g) Testing during drilling and construction of new Class I wells.

—Appropriate logs and other tests shall be conducted during the drilling and construction of new Class I wells. A descriptive report interpreting the results of such logs and tests shall be prepared by a qualified log analyst and submitted to the Department. At a mi nim um , such logs and tests shall include: 1. Directional surveys on all holes that are constructed by first drilling a pilot hole, and then enlarging the pilot hole by reaming or another method. Construction of pilot holes is not encouraged. 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 constructi on plan, and the need for additional information. In determining which logs and tests shall be required, the following logs shall be considered for use in the following situations: (i) For surface casing intended to protect USDW s: (I) resistivity, sponta neous potential, and caliper logs before the 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:UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 38 ( Rule 1200

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— .10 continued) (I) resistivity, spontaneous potential, porosity, and gamma ray and caliper 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. 3. The following information concerning the proposed injection zone shall be determined or calculated for new Class I wells: (i) hydrostatic pressure head; (ii) temperature of the native fluid; (iii) geostatic pressure; (iv) other physical and chemical ch aracteristics of the proposed injection zone; (v) physical and chemical characteristics of the native fluids; (vi) generalized direction of fluid flow in the proposed injection zone; and (vii) other information as deemed necessary by the Department (h) Testing Integrity of Completed Class I We ll(s) 1. The com pleted well(s) will be tested to assure that the well(s) will function as built. Tests to be considered shall include, but not be limited to, the followings: (i) cem ent bond log; (ii) temperature log; (iii) pressure test of final casing to at least 1.5 times the expected injection pressure for one hour, with no pressure drop after temperature correction; (iv) casing inspection log from top to bottom of the well for baseline mo nitoring purposes; (v) injection tests; and (vi) withdrawal tests
- if necessary. (i) Construction Reports 1. The Department shall be notified when drilling is to commence. 2. The Department will require periodic data reports and progress reports that may include, but n ot be limited to, the following: (i) driller’s log; (ii) geophysical logs; (iii) core analyses;UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 39 ( Rule 1200

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— .10 continued) (iv) lithologic log; (v) drill stem test data; (vi) injection or withdrawal test data; (vii) pressure test data; and (vi ii) construction progress reports. 3. Interpretation of data will be required in the data reports or progress reports at each mi lestone phase of construction such as completion of the pilot hole, com pletion of test well, and completion of well performance tests. 4. The applicant shall submit final reports of pertinent data collected with interpretations to the Department with the application for an Injection We ll Operation Permit. (4) Operating Permits (a) Application for permit to operate any C lass I well shall be complete and contain any information necessary to provide:
1. A feasibility study i ncluding all of the item s required in rule 1200

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— .1 0(3)(a). An up-to
-date feasibility study m ust also be submitted with any request for renewal of an operating permit. If the feasibility study is not included, the application for renewal of an operating permit will not be complete. 2. A description of the area of review which applies to each Class I injection well in a ma nner acceptable to the Department. The description shall take into account the zone of endangering influence. A radius around the injection well field of not less than one mile shall be used as a minimum area of review. A determination of the area of review shall include, but not be limited to, the following information: (i) the geologic and hydrologic characteristics of the host rock, and the confining unit separating the injection zone from the lowermost formation(s) containing a USDW; (ii) the characteristics of the injection fluids and native fluids; (iii) num ber of people residing in the area of review; and (iv) ground water use and dependence; past, present, and future to the extent such information is known to the applicant or is on public record. 3. The com patibility of the non - h azardous injected fluid with both native fluid and the host rock of the intended injection zone mu st be demonstrated using laboratory or field data. 4. Contingency plans to prevent pollution of any U SDWs or surface water which may be caused by failure of the well or associated equipment. 5. A plan for plugging and abandonment of the proposed injection well. Plugging

shall be accomplished so that the injection zones are com pletely isolated and the movement of fluids into any formation(s) containing a USDW or betweenUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 40 ( Rule 1200

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— .10 continued) formation(s) containing a USDWi s prevented. Plugging shall also be accomplished so that surface water cannot enter the well. 6. A report on the status of any corrective action required under these rules. (b) Operating Requirements for Class I We lls 1. Injection pressure shall not exceed a maxim um of 0 .60 psi/foot of depth from the land surface to the shallowest injection zone unless the applicant can dem onstrate, to the satisfaction of the Department that a higher pressure can be used and will not initiate new fractures or propagate existing fractures in the injection zone. 2. Total pressure shall not exceed the maximum allowable stress of the materials used to construct the well. 3. Injection of wastewater between the outermost casing protecting USDW s and the inner tubing is prohibited. 4. All waste fluids to be emplaced shall be injected through tubing. 5. The annulus between the tubing and the long string of casing shall be filled with a fluid approved by

the Department. A pressure, also approved by the Department shall be maintained on the annulus sufficient to allow for continuous monitoring of the mechanical integrity of the well. 6. The Department shall be notified when operation is to commence. 7. Other operational limitations shall be established as necessary on a case- by
-case basis. (c) Operation and maintenance Manual 1. Operation and ma intenance procedure ma nual(s) shall be prepared for injection well disposal facilities, or parts thereof. The manual shall, at a minimum, contain appropriate information discussed in the remainder of this section. The Department may require that the ma nual be submitted as part of the application for an operating permit. 2. The required procedure shall provid e for the reliable and efficient operation and ma intenance of the injection well disposal facility, in accordance with the requirements of this rule. 3. The detail of the required ma nual shall be consistent with the complexity of the system. The ma nual sh all be developed in accordance with the unique requirements of the individual injection well disposal facility and shall provide the operator with sufficient information and description regarding the design, operation, and maintenance criteria and features of the disposal facility involved. 4. Basic hydraulic and engineering design criteria for the injection well disposal facility s hall be included in the ma nual, as well as information and procedures required for normal control and distribution of effluent within the injection well disposal facility. 5. Information concerning process control and performance evaluation for the facility shall be included, as well as equipment and procedural descriptions forUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 41 ( Rule 1200

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— .10 continued)
em ergency

o peratin g conditions, alternate discharge as a back
- up procedure, and listing of spare parts to have on hand. Regular ma intenance of all equipment, repair, safety, and mo nitoring procedures, laboratory, lab testing equipment, and personnel requirements, and a “tro uble shooting” problem guide shall also be included in the manual. 6. A copy

of the ma nual shall be provided to the operator of the injection facility by the permittee. The ma nual shall be available for reference at the facility or other approved site. Th e permittee shall maintain at least one copy of the manual. 7. The Department may require revisions to the ma nual to reflect any facility modifications per
-formed in order to comply with the requirements of this chapter, or to reflect experience resulting from facility operation. (d) Abnormal Events 1. In the event the permittee is temporarily unable to comply with any

of the conditions of a permit that may result in imminent harm to the public health or to the environment due to breakdown of equipment, power outages, destruction by hazard of fire, wind, or by other cause, the permittee of the facility shall immediately

cease injection and shall notify the Department. Notification shall be made in person, by

telephone, or by

telegraph to the nearest office of the Department within 24 hours of breakdown or malfunction. 2. A written report shall be required by the Department within 72 hours of the notification referenced in (d)(l), above. The report shall describe the nature and cause of the breakdown or ma lfunction, the steps being taken or planned to be taken to correct the problem and prevent its reoccurrence, em ergency procedures in use pending correction of the problem, and the tim e when the facility will again be operating in accordance with permit con ditions. 3. Under em ergency conditions in which the permittee is unable to use the permitted well, the permittee may u se an alternate discharge only with prior approval of the Department. The applicant shall address the alternate disposal method in the pe rmit application and the operating manual. 4. In the event, a well mu st be developed, the applicant shall address disposal of backwashed fluids. The disposal method shall be approved by the Department. (e) Operational Monitoring Requirements 1. In determi ning the type, number, depth, and location of mo nitoring wells to be used and the parameters to be measured, the following criteria shall, as a mi nim um , be considered: (i) the local geology and hydrology, (ii) the extent of the area of review; (iii) the proximity of the injection operation to points of withdrawal of drinking water; (iv) the operating pressures and attendant hydraulic gradients; (v) the physical and chemical character of the injected fluid; andUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 42 ( Rule 1200

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— .10 continued) (vi) the number, type, location, and depth of water wells in the area of review. 2. The Department shall be allowed access at reasonable times to the permittee’s property a nd records for the purpose of inspections and the collection of samples for analyses from the wastewater streams associated with the permitted wells. 3. The physical and chemical quality of the native fluid in the injection zone and in the zone(s) to be monitored shall be established prior to injection. 4. The injected fluid shall be analyzed with sufficient frequency to yi eld representative data on its characteristics. 5. Continuous indicating and recording devices shall be used to mo nitor fluid level or closed
- in surface pressure in monitor wells other than the injection wells. 6. The me c hanical integrity of the injection well system shall be examined and evaluated at least once every three ye ars in accordance with the standards contained in this rule. (f) Class I injection wells shall be monitored as follows: 1. Continuous indicating an d recording devices shall be installed and used to mo nitor the following: (i) injection rate and daily volume of injected fluids; (ii) injection pressure; and (iii) pressure maintained on the annulus between the injection tubing and the long string of casing. 2. Determination shall be made at least twice monthly of the injectivity

i ndex of each well used for injection. The method of determination shall be subject to the approval by the Department. (g) Sam pling frequency and procedure for mo nitoring wel ls other than the injection well shall include, but not be limited to: 1. The fluids in the zone to be mo nitored shall be sampled and analyzed with sufficient frequency to yi eld representative data on its characteristics. The frequency shall be at least m onthly. 2. Constituents to be monitored shall be those determined appropriate based on the nature of the waste being injected. 3. Sam ples mu st be collected by am ethod insuring that the sample is representative of the fluid in the zone to be mo nitored. T he method shall be subject to approval by the Department. (h) Operation Reports 1. The applicant mu st submit, for Departm ent approval, his proposed methodology for collection and reporting of operational data, to insure that data is collected, correlated , and reported in a fashion that would enable the agency to evaluate well performance.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 43 ( Rule 1200

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— .10 continued)

2. Reporting requirements shall, at a minimum, include: (i) Quarterly reporting to the Department; (ii) Monthly average, maxim um and mi nim um values for injection pressure, flow rate, volume, and annular pressure; and (iii) Results of me chanical integrity and any other periodic test required by the Department shall be reported with the first regular quarterly report after the completion of the test. 3. The results of analyses of representative samples of the injected fluid and water from the mo nitoring wells shall be submitted on a quarterly basis to the Department. Parameters for such analyses shall be established on an individual basi s. (i) Am bient Monitoring 1 Based on a site
-specific assessment of the potential for fluid movement from the well or injection zone and on the potential value of monitoring wells to detect such movement, the Department shall require the owner or operato r to develop a mo nitoring program. At a minimum, the Department shall require: (i) Monitoring of the pressure buildup in the injection zo ne annually, including a shut down of the well for a tim e sufficient to conduct a valid observation of the pressure fa ll
-off curve; and (ii) Periodic mo nitoring of the ground water quality in the first aquifer overlying the injection zone. 2 Wh en prescribing a monitoring s ystem the Department may also require: (i) Continuous monitoring for pressure changes in the first aquifer overlying the confining zone. Wh en such a well is installed, the owner or operator shall, on a quarterly basis, sample the aquifer and analyze for constituents specified by the Department; (ii) The use of indirect, geophysical techniques to determine the position of the waste front, the water quality in a formation designated by the Department, or to provide other site specific data; (iii) Periodic monitoring of the ground water quality in the lowermost USDW; and (iv) An y additional monitoring necessary to determine whether fluids are moving into or between USDWs

. (5) Plugging and Abandonment Permits (a) Upon the occurrence of any of the conditions stated in rule 1200

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— .09(6)(a), the owner or operator of the well shall submit an application for a permit for plugging and abandonment of the well. (b) Before any

i njection well is plugged, the owner or operator shall obtain a permit for the plugging of the well. (c) The application shall include the items stated in rule 1200

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— .09(6)(b)

.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 44 ( Rule 1200

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— .10 continued) (d) If the Department finds that the application me ets all requirements of these rules, then the permit for plugging and abandonment of the well shall be issues. (e) Upon completion of plugging and abandonment of a well o r wellfield, the permittee shall submit to the Department a Final Report, in accordance with the standards described in rule 1200

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— .09(6), which shall include, but will not be limited to, the following: 1. Daily construction reports; 2. Certification of com pletion in accordance with approved plans and specifications by a person knowledgeable and experienced in the field; and 3. Evidence, such as a sealed copy o r certification from the county clerk, that a surveyor’s plot of the location of the abandon ed wells has been recorded in the county courthouse property records. (f) The Department shall require post
-closure mo nitoring of Class I wells for at least three (3) ye ars. Results of such monitoring shall be reported quarterly to the Department. Authority: T.C.A. 69

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— 105. Adm inistrative History : Original rule filed August 9, 1985; effective September 8,1985. Am endm ent filed April 11, 2001; effective date June 25, 2001. Ame ndm ent filed January x, 2010; effective date April x, 2010
**1200 —** **4 —** **6 —** **.11 CL** **AS S**  **II WELLS**  A permit mu st be obtained from the Department prior to the operation of any Class II injection well except existing Class II enhanced recovery wells and hydrocarbon storage wells. This requirement is in addition to and separate from any approval o r regulatory procedure required by the Tennessee Oil and Gas Board, Department of Environment and Conservation. (1) Permit Applications (a) For Class II wells, the Department shall require an applicant to furnish a demonstration of commercial producibili ty which shall be made as follows: 1. 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 p roduced, commercial producibility shall be presumed by the Departme nt upon evidence that production has occurred in the project area or field. 2. For Class II wells not located in a field or project 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 t he Department to the extent such information is available. (b) Permit applications for Class II wells shall be submitted by the applicant using the appropriate permit application form promulgated by t he Department and shall contain any attachments necessary to provide: 1. facility name and location; 2. nam e and address of legal contacts (agents of process); 3. ownership of facility, including address; 4. a map and a tabulation of data as required by rule 1200

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— .10(3)(b)1.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 45 ( Rule 1200

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— .11 continued)

5. a description of the proposed injection system including type and construction of injection wells, nature of injected fluid and any propose d pretreatment; 6. a statement of estimated daily volume of fluid to be injected and maxim um injection pressure; 7. appropriate logs of the well with the proposed injection zo ne ma rked, in the case of a well already drilled, or; in the case of undrilled wells a statement of the proposed zone to be used for disposal and the approximate depth of said zone; 8. a schematic diagram of the proposed Class II well showing the casing and cem enting program together with an explanation thereof; and 9. a statement by t he applicant that the proposed Class II well(s) will be completed in such a ma nner to insure that the injected substances are injected into the proposed injection zone and that provisions have been made for adequate protection of formation(s) containin g USDWsa nd any other zone of commercial value. 10. proposed formation testing program to obtain the information required by rule 1200
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- .11(5)(b). 11. proposed stimulation program 12. proposed injection procedure 13. proposed contingency plans, if a ny, to address well failures so as to prevent mi gration of contaminating fluids into a USDW. 14. plans for meeting the monitoring requirements of rule 1200
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- .11(6). (c) Reserved (d) Additional requirements for Class II enhanced recovery wells

—Applications for Class II enhanced recovery wells must include a description of the reservoir to be enhanced and a state statement relative to the necessity for the use of wells to enhance production of oil or natural gas. (e) Additional Requirements for Class II H ydrocarbon Storage W ells Applications for Class II hydrocarbon storage wells must include the following: 1. a map showing the known areal extent of the reservoir to be used for storage and the location of all wells or test holes known to extend into or through the proposed reservoir. 2. a series of ma ps and geologic cross -sections showing the known subsurface position and structure of the reservoir, the nature of the horizontal and vertical boundaries of the reservoir, and the thickness of the rese rvoir. 3. a tabulation of the type, construction, depth and current condition of each well or test hole located within the area covered by the reservoir map required above. 4. a description of the procedures to be used to plug or work over existing wells or test holes to prevent mi gration of injected substances into any a quifer other than the proposed storage reservoir.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 46 ( Rule 1200

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— .11 continued)

5. a description of the method, procedures and devices for testing the integrity of the proposed reservo ir to contain the injected substances within the bounds of the reservoir. (f) The Department may i ssue a perm it on an area basis rather than for each Class II well individually provided that the injection wells are: 1. described and identified by l ocatio n in permit application(s) if they are existing wells, except that the Department may a ccept a single description of wells with substantially the same characteristics; 2. within the same well field, facility site, reservoir, project, or similar unit in th e sam e State; 3. operated by a single owner or operator; and 4. used to inject other than hazardous waste. (g) Area permits shall specify: 1. the area within which underground injections are authorized; and 2. the requirements for construction, mo nito ring, reporting, operation, and abandonment, for all wells authorized by the permit. (h) The area permit may a uthorize the permittee to construct and operate, convert, or plug and abandon wells within the permit area provided: 1. the permittee notifies the Department at such time as the permit requires; 2. the additional well satisfies the criteria in paragraph (f) of this section and me ets the requirements specified in the permit under paragraph (g) of this section; and 3. the cumulative effects of dri lling and operation of additional injection wells are considered by

the Department during evaluation of the area permit application and are acceptable to the Department. (i) If the Department determines that any well constructed under an area permit does not satisfy a ny of the requirements of this section, the Department may m odify the permit, terminate, or take enforcement action. If the Department determ ines that cumulative effects of additional wells are unacceptable, the permit may be modified or revo ked. (2) Construction of Class II We lls (a) All Class II wells shall be cased and cemented to prevent the movem ent of fluids into or between USDW s and to ma intain the quality of aquifers above the injection zone that may be used for monitoring or other p urposes. (b) All Class II wells shall be designed and constructed in such a fashion that they i nject into a formation which is beneath the lower
- most formation(s) containing USDW s. Class II wells shall be sited in such a fashion that they i nject into a fo rm ation which is separated from any formation(s) containing USDWsby a confining zone that is free of known open faults or fractures within the area of review. (c) In the design specifications for Class II wells, the applicant shall address the problem of corrosion, proposed protective measure(s), and if appropriate, proposed methods ofUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 47 ( Rule 1200

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— .11 continued)

mo nitoring the extent of corrosion subject to Department approval. The applicant shall consider thickness and type of cement, number and thickness of casings, casing
material, casing coatings, native fluid quality, injection fluid quality and life expectancy of the well. (d) Class II wells shall inject fluids through tubing with a packer set immediately above the injection zo ne, or tubin g with an approved fluid seal as an alternative. The tubing, packer, and fluid seal shall be designed for the expected service. 1. The use of other alternatives may b e allowed with the written approval of the Department and if the Department receives auth ority from U.S. E.P.A. for an underground injection control program, the EPA Administrator or his designee. To obtain approval, the applicant shall submit a written request to the Department, which shall set forth the proposed alternative and all technical data supporting its use. The Department will approve the request if the alternative method is deem ed capable of providing a comparable level of protection to USDW s. 2. In determining and specifying requirements for tubing, packer, or alternatives, the fo llowing factors shall be considered: (i) depth of setting; (ii) characteristics of injection fluid (chemical content and corrosiveness); (iii) injection rate and pressure; (iv) annular pressure; (v) temperature, volume, viscosity, and density of injected fluid; and (vi) type and size of casing. (e) Department approval is required prior to any rem edial procedures that alter the basic design specifications, materials, or character of the well. (3) Casings (a) The casings used in the construction of each newly d rilled Class II well shall be designed for the life expectancy of the well. (b) The number, thickness, type of materials, and length of casing shall be sufficient to protect the quality of drinking water resources and the integrity of the well and the confining strata. (c) Exact setting depths for all casings shall be determined in the field, based on all available information, and subject to the Department’s approval. (4) Cementing (a) The cem entitious material used in the construction of ea ch newly drilled well shall be designed for the life expectancy of the well. In determining and specifying casing and cem enting requirements, the following factors shall be considered: 1. depth to the injection zone;UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 48 ( Rule 1200

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— .11 continued)

2. de pth to the bottom of all formation(s) containing USDW s; 3. injection pressure and external loading; 4. hole size; 5. size and grade of all casing strings (wall thickness, diam eter, nom inal weight, length, joint specification and construction material); 6. corrosiveness of injected fluid, formation fluids, and temperatures; 7. lithology of injection and confining zones; and 8. type or grade of cementitious material. (b) In addition, the Department may consider the following factors: 1. nature of form ation fluids, and 2. external pressures, internal pressure and axial loading. (c) Cementitious material mu st be compatible with the injected fluid, native fluids, and the formation. (d) Use of the cementitious materials used for mixing shall be determin ed by the applicant, provided the integrity, containment, corrosion protection, and structural strength of the cem ent are not significantly affected. Accurate records shall be kept and recorded of all additives used. (e) Prior to cementing, the hole shall be conditioned in such a wa y as to optimize bonding of the cement to the casing and formation, and to prevent channeling. (f) Placement of cementitious material shall be in such a ma nner that the purposed and characteristics of the cement are retained, a nd shall be subject to Department approval. (g) The applicant shall submit his cement testing program with the permit application for Department approval. The purpose of the cement testing program is to insure that the cem ent seal is adequate to prevent m igration of fluids in channels, mi croannular space, or voids in the cement. The following methods of testing, as a mi nim um , shall be considered: 1. pressure testing of casing
- to not less than 1.5 times the expected injection pressure; 2. temperature l og; and 3. cem ent bond log. (5) Testing for Class II W ells (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 an d tests which specifically relate to (1) a USDWand 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 mi nim um , these logs and tests s hall include:UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 49 ( Rule 1200

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— .11 continued)

1. Deviation checks on all holes constructed by first drilling a pilot hole and then enlarging the pilot hole, byream ing or another method. Such checks shall be at sufficiently frequent intervals to assure that vertical avenues for fluid movem ent 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 construct ion plan, and the need for additional information that may a rise from tim e to tim e as the construction of the well progresses. I n determining which logs and tests shall be required, the following shall be considered by the Department in setting logging an d testing requirements: (i) For surface casing intended to protect USDW s 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 casi ng is set and cemented. (ii) For intermediate and long strings of casing intended to facilitate injection: (I) electric, porosity a nd gamma ray

l ogs before the casing is installed; (II) fracture finder logs; and (III) a cement bond, temperature, or d ensity log after the casing is set and cemented. (b) At a mi nim um , 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; an d 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 an nulus. (d) At least once every five years thereafter, injection wells shall be tested to assure their continued me chanical integrity. The results of these tests shall be reported to the Department. Tests dem onstrating continued me chanical integrity shall include the following: 1. measurement of annular pressures in wells injecting at positive pressures under a packer or a balanced
-fluid seal; 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.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 50 ( Rule 1200

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— .11 continued) (e) Notwithstanding the test procedures outlined above, the Department may require mo re com prehensive testing of the injection well s when deemed advisable, including the use of tracer surveys, noise logs, temperature logs, or other test procedures or devices. (f) The Department may o rder special tests to be conducted prior to the expiration of five ye ars if conditions are believed to so warrant. Any such special test which demonstrates continued me chanical 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
-ye ar, or special tests are to commence in order that such tests may be witnessed. (h) Injection pressure at the wellhead shall not exceed a maxi mu m 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 USDW s. In no case shall injection pressure cause the movement of injection or formation fluids into USDWs

. (i) Injection between the outermost casing protecting USDW s 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 mo nitor the nature of injected fluids at time intervals sufficiently frequently to yield data representative of their characteristics; (c) The perm ittee shall ma ke observation of inj ection pressure, flow rate, and cumulative volume at least daily. (d) The results of all mo nitoring shall be ma intained by the operator and made available to the Department upon request. (e) The Department may g rant adm inistrative exception to the requ irement set forth in paragraph (c), of this subsection. (f) Hydrocarbon storage and enhanced recovery may b e mo nitored on a field or project basis rather than on an individual well basis by ma nifold mo nitoring. M anifold mo nitoring may be used in cases of facilities consisting of mo re than one injection well, operating with a common ma nifold. S eparate mo nitoring systems for each well are not required provided the owner/operator dem onstrates that ma nifold mo nitoring 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 yi eld data representative of their characteristics; 2. Observation of injection pressure, flow rate, and cumulative volume at least with the following frequencies: (i) Week ly

for produced fluid disposal operations;UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 51 ( Rule 1200

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— .11 continued) (ii) Monthly for enhanced recovery operations; (iii) Daily during the injection of liquid hydrocarbon s 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 cum ulative volume at reasonable intervals no greater than 30 days. 3. Maintenance of the results of all monitoring until the next permit review. (7) Commencement, Discontinuance, and Abandonment of Injection Operations The following provisions shall apply to all Class II wells. (a) Notice of Commencement and Discontinuance 1. Immediately upon the commencement of injection operations in any well, the operator shall notify the Division of the date such operations began. 2. Within 30 days after permanent cessation of hydrocarbon storage operations or within 30 days after discontinuance of injection operations into any other well, the operator shall notify the Department of the date of such discontinuance and the reasons therefore

. No injection well may b e temporarily abandoned for a period exceeding six m onths unless the owner/operator demonstrates to the satisfaction of the Department that there is a continuing need for such a well, that the well exhibits mechanical integrity, and that continued temporary abandonment will not endanger USDW s. Written permi ssion is required. (b) Abandonment of Injection Operations 1. Wh enever there is a continuous two (2) ye ar period of non - injection into any Class II well, such project or well mu st be plugged and abandoned, and the authority for injection shall automati cally terminate, unless the owner/operator dem onstrates to the satisfaction of the Department that there is a continuing need for such a well, that the well exhibits me chanical integrity, and that continued temporary

a bandonment will not endanger USDW s. Written permission is required. 2. Before any

i njection well is plugged, the operator shall obtain approval for the well’s plugging program from the Department. 3. For good cause shown, the Department may grant an administrative extension or extensions of injection authority as an exception to paragraph (1) above. (c) Prior to granting approval for the plugging and abandonment of a Class II well the Department shall consider the following information: 1. The type and number of plugs to be used; 2. The p lacement of each plug including elevation top and bottom; 3. The type, grade, and quantity of cement to be used; and 4. The method of placement of the plugs.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 52 ( Rule 1200

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— .11 continued)

5. The procedure used to meet the requirements of rule 1200
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- .04. (8) Reporting Requirements (a) Annual reporting to the Department summarizing the results of monitoring required under paragraph (6) of this section is required. S uch summary s hall include mo nthly records of injected fluid, and any major changes in characteristics or sources of injected fluid. (b) Owners or operators of hydrocarbon storage and enhanced recovery projects may report on a field or project basis rather than an individual field basis where ma nifold mo nitoring is used. (c) The Depa rtment may require a demonstration of me chanical integrity prior to approving transfer of authority to inject. P rior to approval to inject, the permittee mu st supply to the Department the following: 1. the anticipated maximum pressure and flow rate at wh ich the well will operate; 2. the results of the formation testing program; 3. the actual injection procedure; and 4. for new wells, the status of corrective action on defective wells in the area of review. (9) Removal of Produced Water from Leases a nd Field Facilities (a) Produced water shall not be stored or disposed of in any u nlined pit, pond, lake or depression or in any other place in a manner that will constitute a hazard to any USDW s. (b) Transportation of any produced water by motor vehicl e from any lease, central tank battery, or other facility, without approval of the Department is prohibited. (c) Authorization to transport produced water may b e obtained by

submitting a request to the Department. (d) No owner or operator shall permit produced water to be removed from its leases or field facilities by motor vehicle except by a person possessing Department approval. (10) Disposition of Transported Produced W ater (a) No person transporting produced water may d ispose of such water on the s urface of the ground, or in any

pit, pond, lake, depression, draw, or in any watercourse, or in any other place or in any manner which will constitute a hazard to any USDW

. (b) Delivery of produced water to approved wastewater disposal facilities, enhanced recovery injection facilities, or to a drill site for use in drilling fluid will not be construed as constituting a hazard to USDWsp rovided the produced waters are placed in tanks or other impermeable storage at such facilities. (c) The Department may grant temporary exceptions for em ergency situations, for use of produced water in road construction or ma intenance or for use of p roduced waters fo r other construction purposes upon request and a proper showing by ah older of a Department approval to move produced water. (11) Existing Class II enhanced recovery wells and hydrocarbon storage wells.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 53 ( Rule 1200

—4

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— .11 continued) Class II wells in current operation upon the effective date of this rule shall file an application within 6 mo nths of the effective date of this rule. N o application fee will be required. Failure to file an application by

the required date shall ma ke the wells in violation of Rule Chapter 1200
-4
-6 and subject to the new application fee or closure. (a) An existing Class II enhanced recovery or hydrocarbon storage injection well is authorized by rule, if the owner or operator injects into the existing well within one ye ar after the date which the State of Tennessee’s UIC program is authorized under the Federal Safe Drinking Water Act and becomes ef fective. An owner or operator of a well which is authorized by

rule pursuant to this paragraph shall re-work, operate, ma intain, plug, abandon or inject into the well in compliance with applicable regulations. (b) Duration of well authori zation by rule. W ell authorization under this paragraph expires upon the effective date of a permit issued after plugging and abandonment in accordance with an approved plugging and abandonment plan pursuant to these Rules and upon submission of a pluggin g and abandonment report. (c) Prohibitions on injection. An owner or operator of a well authorized by rule pursuant to this paragraph is prohibited from injecting into the well: 1. Upon the effective date of an applicable permit denial; 2. Upon failure to submit a permit application in a timely manner; 3. Upon failure to submit inventory information in a timely manner; 4. Upon failure to comply with a request for information in a timely manner; 5. Upon failure to provide alternative financial assuran ce; 6. Forty
-eight hours after receipt of the determination by the Commissioner that the well lacks me chanical integrity, unless the Commi ssioner requires immediate cessation; or 7. Upon receipt of notification from the Commissioner that the transferee h as not dem onstrated financial responsibility. (d) Requirements. T he owner or operator of a well authorized under this paragraph shall com ply with the applicable requirements of this Rule. S uch owner or operator shall com ply with the casing and cementing requirements no later than 1 ye ar and other requirements no later than 1 year after authorization. Authority: T.C.A. 169

—3

— 105. Adm inistrative History: Original rule filed August 9, 1985; effective September 8, 1985. Am endm ent filed April 11, 2001; effe ctive date June 25, 2001. Am endm ent filed February 17 , 2010; effective date May 18, 2010
**1200 —** **4 —** **6 —** **.12 Class III Wells.** (1) Permit Application (a) For Class III wells, the Department shall require an applicant to furnish a feasibility study dem onstrati ng the applicability of the injection well method of mining. (b) A permit mu st be obtained from the Department prior to the operation of any Class III well. Prior to granting approval for operation of a Class III well or project, the DepartmentUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 54 ( Rule 12 00

—4

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— .12 continued)

shall consider all relevant information developed during the construction phase as well as any information submitted in the permit application and supporting documents. (c) Permit applications for Class III wells shall be submitted by the applicant using the appropriate permit application form promulgated by the Department and shall contain any attachments necessary to provide: 1. facility name and location; 2. nam e and address of legal contacts (agents of process); 3. ownership of facility, including address; 4. a map and a tabulation of data as required by rule 1200

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— .10(3)(b)1. 5. a description of the proposed injection system including type and construction of injection wells, nature of injected fluid and any proposed pret reatment; 6. a statement of estimated daily volume of fluid to be injected and maximum injection pressure; 7. an electric log of the well with the proposed injection zone marked, in the case of a well already drilled, or; in the case of undrilled wells a statement of the proposed zone to be mi ned and the approximate depth, top and bottom, of said zone; 8. a schematic diagram of the proposed Class III well showing the casing and cem enting program together with an explanation thereof; and 9. a statement by the applicant that the proposed Class III well(s) will be completed in such a ma nner to insure that the injected substances are injected into the proposed injection zone and that provision has been made for adequate protection of USDWsand any other zones of commercial value. (d) The Department may i ssue a permit on an area basis rather than for each Class III well individually provided that the injection wells are: 1. described and identified by l ocation in permit application(s) if they are existing we lls, except that the Department may a ccept a single description of wells with substantially the same characteristics; 2. within the same well field, facility site, reservoir, project, or sim ilar unit in the sam e State; 3. operated by a single owner or op erator; and 4. used to inject other than hazardous waste. (e) Area permits shall specify: 1. the area within which underground injections are authorized; and 2. the requirements for construction, mo nitoring, reporting, operation, and abandonment, for a ll wells authorized by the permit. (f) The area permit may a uthorize the permittee to construct and operate, convert, or plug and abandon wells within the permit area provided:UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 55 ( Rule 1200

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— .12 continued)

1. the permittee notifies the Department at su ch time as the permit requires; 2. the additional well satisfies the criteria in paragraph (d) of this section and me ets the requirements specified in the permit under paragraph (e) of this section; and 3. the cumulative effects of drilling and operation of additional injection wells are considered by

the Department during evaluation of the area permit application and are acceptable to the Department. (g) If the Department determines that any well constructed under an area permit does not satisfy any

of the requirements of this section, the Department may m odify the permit, terminate, or take enforcement action. If the Department determines that cumulative effects of additional wells are unacceptable, the permit may be modified or revoked. (2) We ll Construction Standards for Class III We lls (a) General Design Considerations 1. All Class III wells shall be cased and cemented to prevent the movement of fluids into or between USDW s and to ma intain the quality of aquifers above the injection zone that may b e used for monitoring or other purposes. 2. In the design specification for Class III wells, the applicant shall address the problem of

corrosion, proposed protective measure(s), and if appropriate, proposed methods of mo nitoring the extent of corrosion s ubject to Department approval. The applicant shall consider thickness and type of cement, number and thickness of casings, casing material, casing coatings, native fluid quality, injection fluid quality and life expectancy of the well. 3. Class III wells shall inject fluids through tubing with a packer set im mediately above the injection zone, or tubing with an approved fluid seal as an alternative. The tubing, packer, and fluid seal shall be designed for the expected service. (i) The use of other alternatives may b e allowed with the written approval of the Department. To obtain approval, the applicant shall submit a written request to the Department, which shall set forth the proposed alternative and all technical data supporting its use. The Department will approve the request if the alternative method is deemed capable of providing a com parable level of protection to USDW s. (ii) In determining and specifying requirements for tubing, packer, or alternatives the following factors shall be considered: (I) depth of setting; (II) characteristics of injection fluid (chemical content and corrosiveness); (III) injection rate and pressure; (IV) annular pressure; (V) temperature, volume, viscosity and density of injected fluid; and (VI) type and size of casi ng.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 56 ( Rule 1200

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— .12 continued)

4. Department approval is required prior to any rem edial procedures that alter the basic design specifications, materials, or character of the well. (b) Casings 1. The casings used in the construction of each newly d rilled Class III well shall be designed for the life expectancy of the well. 2. The num ber, thickness, type of materials, and length of casing shall be sufficient to protect the quality of USDWa nd the integrity of the well and the confining strata. 3. Exact setting depths for all castings shall be determined in the field, based on all available information, and subject to the Department’s approval. (c) Cementing 1. The cementitious material used in the construction of each newly drilled well shall be d esigned for the life expectancy of the well. In determining and specifying casing and cementing requirements, the following factors shall be considered by the applicant: (i) depth to the injection zone; (ii) depth to the bottom of all formations containi ng USDWs ; (iii) injection pressure, external pressure, internal pressure, and axial loading; (iv) hole size; (v) size and grade of all casing strings (wall thickness, diam eter, nom inal weight, length, joint specification and construction material); (vi ) corrosiveness of injected fluid, formation fluids, and temperatures; (vii ) lithology of injection and confining zones; and (viii) type or grade of cementitious material. 2. Cementitious materials mu st be compatible with the injected fluid, native flu ids, and the formations penetrated by the bore hole. 3. Use of additives used for mixing shall be determined by t he applicant, provided the integrity, containment, corrosion protection, and structural strength of the cem ent are not significantly affected. Accurate records shall be kept and recorded of all additives used. 4. Placement of cementitious material shall be in such a ma nner that the purposes and characteristics of the cem ent are retained, and shall be subject to Department approval. 5. The appl icant shall submit his cement testing program with the permit application for Department approval. The purpose of the cement testing program is to insure that the cement seal is adequate to prevent mi gration of fluids in channels, mi cro-annular spaces, or voids in the cement. The following methods of testing, as a minimum, shall be considered:UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 57 ( Rule 1200

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— .12 continued) (i) pressure testing of casing
- to not less than 1.5 times the expected injection pressure; (ii) temperature log; and (iii) cem ent bond log. (d) Testing 1. Appropriate logs and other tests shall be made during the drilling and construction of new Class III wells. Upon completion of construction, the com pleted well system will be tested to assure that the well system will function as designed at the design operation pressures. A descriptive report interpreting the results of such logs and tests shall be prepared by aq ualified log analyst and submitted to the Department. The logs and tests appropriate to each type of Class III well s hall be determined based on the intended function, depth, construction and other characteristics of the well, availability of similar data in the area of the drilling site and the need for additional information that may arise from tim e to tim e as the construction of the well progresses. At a mi nim um , such logs and tests shall include deviation checks conducted on all holes where pilot holes and reaming are used, at sufficiently frequent intervals to assure that vertical avenues for fluid mi gration in the form of diverging holes are not created during drilling. 2. Wh ere the injection zone is a water bearing formation, the following information concerning the injection zone shall be determined or calculated by the applicant for new Class III wells: (i) hydrostatic pressure head; (ii) fluid pressure; (iii) fracture pressure; (iv) other physical and chemical characteristics of the injection zone; (v) physical and chemical characteristics of the native fluids; and (vi) com patibility of injected fluids with formation fluids. 3. Wh ere the injection formation is not a water bearing formation, the fracture pressure shall be determined or calculated. (e) Environmental Concerns During Construction 1. The disposal of drilling fluids or cuttings and the disposal of wastes during

testing shall be in a sound environmental ma nner that avoids violation of surface and ground water quality standards. The proposed disposal method mu st be approved by the Department prior to start of construction. 2. For Class III wells, the applicant is advised that other permits may be required

for surface facilities associated with the mining activity. (f) Operating Requirements 1. Total pressure shall not exceed the maxim um a llowable stress of the materials

used to construct the wel l and shall not initiate new fractures or propagateUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 58 ( Rule 1200

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— .12 continued) existing fractures in the confining zo ne or in the injection zone or cause mi gration of fluids into USDW s. 2. Injection between the outermost casing protecting USDWsa nd the inner tubing

is prohibited. 3. The Department shall be allowed access at reasonable tim e to the permittee’s

property a nd records for the purpose of inspections and the collection of sam ples for analyses from the process and wastewater streams associated with the permitted wells. 4. Other operational limitations shall be established as necessary on a case- by
- case basis. (g) Monitoring Requirements 1. Monitoring W ell Design (i) Monitor wells shall be located in such a fashion as to detect any excursi on of injected fluids or process by
- products outside the mi ning area or zone. (ii) Wh ere injection is into a formation which contains water with less than 10,000 mg/L Total Dissolved Solids, mo nitoring wells shall be completed into the injection zone and into the deepest aquifer above the injection zone and may also be required below the injection zone. (iii) Wh ere injection is into a formation which contains water with mo re than 10,000 mg/L Total Dissolved Solids, mo nitoring wells will be required above and may be required in the injection zone. (iv) Wh ere the injection wells penetrate USDW s in an area subject to subsidence or catastrophic collapse, an adequate number of mo nitoring wells shall be completed into USDWsto detect any movement of injected fl uids, process by
- products or native fluids into the USDWs

. The mo nitoring wells shall be located outside the physical influence of the subsidence or catastrophic collapse. (v) Class III wells may be monitored on a field or project basis rather than an ind ividual well basis provided the owner or operator dem onstrates to the satisfaction of the Department that the proposed mo nitoring system is com parable to individual well monitoring. (vi) In determining the type, number, depth, and location of mo nitoring wells to be used and the parameters to be measured, the following criteria shall, as a minimum, be considered by the applicant: (I) the local geology and hydrology; (II) the population relying on USDWswithin the area of review; (III) the proximity of th e injection operation to points of withdrawal of drinking water; (IV) the operating pressures and attendant hydraulic gradients;UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 59 ( Rule 1200

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— .12 continued) (V) the nature and volume of the injected fluid, the formation water and process by
- products ; and (VI) the num ber, type, location, and depth of injection wells in the system, field or project. (h) Monitoring W ell Construction Requirements

An y mo nitoring well which penetrates the confining zone mu st be designed and constructed using the same standards that apply to the type of injection well to be mo nitored. (i) Monitoring Criteria 1. The physical and chemical quality of the native fluid in the zones to be monitored shall be established prior to injection. 2. The injected fluid shall be analyzed with sufficient frequency to yi eld representative data on its physical and chemical characteristics. Parameters for such analysis shall be established on an individual basis. 3. The me chanical integrity of the injection well system shall be examined a nd evaluated at least once every three years. The methods and procedures to be used shall be subject to review by the Department. 4. Sam ples mu st be collected by am ethod insuring that the sample is representative of the fluid in the zone to be mo nitored. The method shall be subject to approval by the Department. 5. Continuous indicating and recording devices shall be installed and used to mo nitor the injection pressure and flow rate, and the volume of fluids injected and withdrawn. 6. Determination shal l be made at least semi
- mo nthly of the parameters chosen to measure water quality in the injection zone. 7. Determination shall be made at least semi
- mo nthly of the fluid level or pressure head in each well used for monitoring. 8. The Department may requ ire that the applicant continue to mo nitor in the area affected by

m ining for a period of tim e after mi ning operations cease. If the mo nitoring reveals violations, the permittee mu st investigate and take corrective action. 9. The Department may require a certificate that the applicant has assured, through a performance bond or other appropriate means, the resources necessary to cover post
-closure mo nitoring and any corrective action resulting from this mo nitoring. 10. We lls specified in subpart 1200

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— . 12(2)(g)1.(iv) shall be monitored once every three months. (j) Reporting Requirements The content and frequency of reports that will be required by t he Department shall be specified in the permit for each Class III well or project. Minimum requirements a re as follows:UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 60 ( Rule 1200

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— .12 continued)

1. Construction Reports (i) The Department will require periodic data progress reports during the construction of Class III injection or monitor wells. (ii) Interpretation of data will be required in the progress reports at each mi lestone phase of construction. (iii) The applicant shall submit final reports of all data collected with interpretations to the Department. The final report shall include all information and data collected during construction with appropriate interpretations. 2. Operation Reports (i) An updated ma p of the area of review showing locations of all newly constructed or newly discovered wells not included in the technical report accompanying the permit application or in later reports s hall be submitted annually to the Department. (ii) The applicant mu st submit, for Departm ent approval, his proposed methodology for collection and reporting of operational data, to insure that data is collected, correlated, and reported in a fashion that would enable the agency to evaluate well performance. (iii) Except for routine mo nitoring required in (g) of this rule results of required mo nitoring shall be ma intained on site and reported to the Department with the first quarterly report after the comp letion of the test. (iv) Results of me chanical integrity and any other periodic test required by the Department shall be reported upon request or as specified in the permit. (v) Monitoring may b e reported on a project or field basis rather than on an in dividual well basis where field or project mo nitoring has been approved. (vi) Routine mo nitoring data required shall be reported quarterly to the Department. These reports mu st be postmarked no later than the tenth day of the month following the end of th e quarter. (vii) In the event an excursion is verified in a designated mo nitor well, the permittee shall submit a written remedial action report at least every mo nth to include for each well affected: (I) An explanation of required and other actions since the verifying analysis was taken. The explanation should include the date on which actions were initiated and completed; (II) A description of actions to be taken during the following report period; (III) Sam ple analysis results for control parameters; (IV) Permittee’s efforts to define the extent and probable cause of the presence of mining solutions in a designated monitor well; andUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 61 ( Rule 1200

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— .12 continued) (V) The first report shall include a groundwater analysis in the ma nner required by

t hi s Rule. All such reports shall be ma iled to the Department, postmarked within two days of the end of each report period. The first report period shall begin with the day the presence of mi ning solution in a designated mo nitor well is verified. The permitte e shall continue to ma ke rem edial action reports until clean
- up is accomplished. (k ) Plugging and Abandonment Operation 1. Upon the occurrence of any of the conditions stated in rule 1200

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— .09(6)(a), the owner or operator of the well shall submit an a pplication for a permit for plugging and abandonment of the well. 2. Before any

i njection well is plugged, the operator shall obtain approval for the wells plugging program from the Department. 3. The owner or operator of an abandoned injection well or facility mu st retain all pertinent records of construction, operation and abandonment for a period of not less than three years following the date of abandonment of the well or facility. 4. Within one- hundred twenty (120) days after acknowledgment of com pl etion of mi ning activities or, if final restoration of the mi ne area aquifer is required, upon final completion of the final restoration, the permittee shall accomplish closure of the mining facilities in accordance with Plugging and Abandonment Standards. (l) Abandonment Reports 1. Upon completion of plugging and abandonment of a well or wellfield, the

permittee shall submit to the Department a Final Report which shall include, but will not be limited to, the following: (i) daily construction reports; (ii) certification of com pletion in accordance with approved plans and specifications by the engineer of record; and (iii) evidence, such as a sealed copy o r certification from the county clerk, that a surveyor’s plot of the location of the abandoned well s has been recorded in the county courthouse property records. 2. Results of post closure mo nitoring, if required by the abandonment permit, shall

be reported quarterly to the Department. Authority: T.C.A. §69

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— 105. Adm inistrative History: Original rule filed August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001.
**1200 —** **4 —** **6 —** **.13 Class IV Wells.** (1) The construction or operation of a well used for the disposal of any hazardous waste or radioactive waste into or above a USDWis prohibited. (2) The operator or the owner of an existing Class IV well mu st, within six (6) mo nths after the effective date of this rule submit a Plugging and Abandonment Plan for the Department’s approval. The owner or operator of an existing Class IV well shall complete plugging andUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 62 ( Rule 1200

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— .13 continued) abandonment in accordance with the approved Plugging and Abandonment Plan not later than six (6) months after the Department’s approval of the plan. (3) We lls used to inject contaminated ground water that has been treated and is being re- injected into the same formation from which it was drawn are not prohibited by this Rule if such injection is approved by

E PA or the Department, pursuant to provisions for cleanup of releases under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601
- 9657, or pursuant to requirements and provisions under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901

– 6987. Auth ority: T. C.A. §69

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— 105. Administrative History : Original rule filed August 9, 1985; effective September 8, 1985. Am endm ent filed April 11, 2001; effective date June 25, 2001. Am endm ent filed February 17 , 2010; effective date May 18, 2010
**1200 —** **4 —** **6 —** **.14 Class V Wells.**  This section sets forth Criteria and Standards to regulate all injection systems not regulated as Class I through IV. (1) The following are prohibited: (a) The use of any well to dispose of water carrying human waste, household or busines s waste, raw sewage or the effluent from any septic tank or other sewer system of a ny kind, unless such well is a subsurface fluid distribution system (SFDS) which is part of a Subsurface Sewage Disposal System (SSDS) permitted under provisions 6 8
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-401 et seq. or a drip disposal s ystem permitted pursuant to 69
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- 108 et seq. (b) The use of any Class V injection well in such a manner as to cause any USDWto contain any substances, whether alone or in combination with other substances, that are toxic, ca rcinogenic, mu tagenic, or teratogenic, other than those of natural origin, at levels and conditions which violate primary d rinking water standards as given in 1200
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- 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
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-401 et seq. (e) Motor Vehicle Waste Disposal We lls (MV WDWs ) are prohibited and mu st be properly closed and abandoned. (2) Construction and operation of a Class V well is authorized by virtue of this rule provided: (a) the use of any Class V injection well does not present a hazard to any existing or future use of a USDW , (b) The owner or operator shall within six (6) mo nths after the promulgation of this rule supply a list of all wells owned or operated along with the following information for each well to include the following. 1. facility name and location, including a plot plan showing location of well(s); 2. nam e and address of legal contact; 3. ownership of facility;UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 63 ( Rule 1200

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— .14 continued)

4. nature and type of injection wells, including installed dimensions of wells and construction materials; 5. operating status of injection wells, including history of injection; 6. volume of injected fluid; 7. nature of i njected fluid to include physical, chemical, biological or radiological characteristics; 8. description of injection well, including monitoring well(s); and 9. other information as required by the Department. (c) The plans for the construction of any new, or modification of any existing Class V injection well which have been approved by the Department. (d) Injectate fluid from commercial or industrial processes shall not be co- mi ngled with any sanitary waste or septic system effluent in any s ubsurface fluid distribution system, unless it can be demonstrated to the Department’s satisfaction that a beneficial reaction will occur between the waste streams which will enhance the degradation of either or both waste streams. (e) The injection well will not ad versely i mpact a wellhead protection area designated by Rule 1200
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- .34 promulgated under T.C.A. 68
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- 701 et seq., the Tennessee Safe Drinking Water Act. Motor vehicle waste disposal wells are prohibited in wellhead protection areas. All other motor vehicle waste disposal wells mu st me et the effluent standards set forth in 1200
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- .05(1) at the point of injection. (f) Prohibition of injection. An owner or operator of a well which is authorized by rule pursuant to this paragraph is prohibited from injecting into the well: 1. Upon the effective date of an applicable permit denial; 2. Upon failure to submit a permit application in a timely manner; 3. Upon failure to submit inventory information in a timely manner; or 4. Upon failure to comply with a request for information in a timely manner. (3) The owner of a Class V well shall be responsible for notifyi ng the Department of change in ownership. (4) No authorization by p ermit or rule shall be allowed where a Class V well causes or allows a violation of the provisions of rule 1200
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- .14(1) or pollution of any ground or surface water. (5) If at any time the Department learns that an existing Class V system may cause a violation of these regulations, the Department shall: (a) require the injector to apply for an individual permit; (b) order the injector to take such actions including, where required, closure of the injection well as may

be necessary to prevent the violation; or (c) take enforcement action.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 64 ( Rule 1200

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— .14 continued) (6) Notwithstanding any other provision of this section, the Department may take emergency

a ction upon receipt of information that a contaminant from a Class V injection system is likely to enter a public water system and present an imminent and substantial enda ngerment to the health of persons. (7) Construction Standards for Class V W ells (a) The variety of Class V well and their uses dictate a variety of construction designs consistent with those uses, and precludes specific construction standards. However, a well mu st be designed and constructed for its intended use, in accordance with good engineering practices, and the design and construction mu st be approved by t he Department. (b) Class V wells shall be constructed so that their intended use does not viol ate the water quality standards. (8) Operating Requirements for Class V W ells (a) All Class V injection wells shall be operated in such a ma nner that they d o not violate the provisions of rule 1200
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- .14(1). (b) Use of a pretreatment system may b e ne cessary to insure that the water discharged me ets the applicable water quality standards. (c) Initial and/or periodic testing may be required for Class V injection wells. (d) Upon completion of the well, the owner or operator must certify to the Departme nt that the well has been completed in accordance with the approved construction plan, and mu st submit any other additional information required. (e) After the effective date of this rule, the operator, if not the property owner, for all Class V injection wells shall have access to the “point of injection” for the Class V wells. This is to be maintained by easement or deed restrictions on all injection points. (9) Monitoring Requirements for Class V Injection Systems (a) The Department may require mo nitoring of Class V injection wells; the nature of which will be determined by

the type of well, nature of the injected fluid, and water quality of the receiving aquifer. (b) The Department shall determine the extent and frequency of mo nitoring based on the type of injection well and the nature of the injected fluid. (10) Reporting Requirements fo r Class V W ells will be determined by the type of injection well and nature of injected fluid. (a) All mu nicipalities and other governmental entities with storm water injection wells under their control either by

ownership or easement shall submit an annual report describing the location and status of each injection well and any other information the Department determines to be necessary. Such reports shall include a locational map. (11) Plugging and Abandonment Standard (a) The Department will order that a Class V injection well be plugged and abandoned when the use of the system is determined to be a hazard to the ground water resource.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 65 ( Rule 1200

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— .14 con tinued) (b) Prior to abandoning a Class V injection well, the well shall be plugged with cement in a ma nner which will not allow movem ent of fluids between USDW s. The proposed plugging method and type of cement shall be approved by the Department. Place me nt of the cement plug shall be accomplished by a ny recognized method which is acceptable to the Department. (c) The owner or operator shall notify the Department of his intention to abandon the system when a Class V injection well is no longer used or i s usable for its intended purpose. (d) The owner of any Class V injection well shall apply for a Plugging and Abandonment Permit when the well is no longer used or usable for its intended purpose or any other purpose approved by

the Department. The application shall include justification for abandonment, the approved plugging and abandonment plan and any p roposed modification to the original plugging plan as approved by the Department. (e) Closure does not mean that the owner or operator will need to ceas e operations at the facility, only

that the owner or operator will need to close the well. A n umber of alternatives are available for the disposal of waste fluids. Examples of alternatives that may be available to motor vehicle stations include: recyclin g and reusing wastewater as mu ch as possible; collecting and recyc ling petroleum
- based fluids, coolants, and battery acids drained from vehicles; washing parts in a self
-contained, recirculating solvent sink, with spent solvents being recovered and replace d bythe supplier; using absorbents to clean up mi nor leaks and spills, and placing the used materials in approved waste containers and disposing of them properly; using a wet vacuum or mo p to pick up accumulated rain or snow me lt, and, if allowed, connecting floor drains to a mu nicipal sewer system or holding tank, and, if allowed, disposing of the holding tank contents through a publicly owned treatment works (“POTW ”). T he owner/operator should check with the POTWto see if the POTWwould accept the wastes. Alternatives that may be available to owners and operators of a large
-capacity cesspool include: conversion to a septic system; connection to sewer; and installation of an on
-site treatment unit. (12) Prohibition of fluid movement. (a) Injection activity prohibitions 1. No injection activity can allow the movement of fluid containing any contaminant into USDW s, if the presence of that contaminant may cause a violation of any primary drinking water standard, or other health based standards, or may ot herwise adversely

affect the health of persons. T his prohibition applies to well construction, operation, ma intenance, conversion, plugging, closure or any other injection activity. 2. If the Department learns that an injection activity may e ndanger USDW s, the Department may

require the closure of the well, a permit or perm it modification, or other appropriate action. (b) Closure requirements. T he owner/operator mu st close the well in a ma nner that com plies with the above prohibition of fluid movem ent. Also, the owner/operator mu st dispose or otherwise ma nage any soil, gravel, sludge, liquids, or other materials removed from or adjacent to the well in accordance with all applicable Federal, State and local regulations and requirements. (13) Authorizati on by Rule RequirementsUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 66 ( Rule 1200

—4

—6

— .14 continued) All Class V UIC well authorizations by rule shall com ply with this rule and all conditions established by

t he Commi ssioner as necessary to fulfill the purposes of the Tennessee Water Quality Contro l Act, T.C.A. §§ 69
- 3
- 101 et seq., contain a description of the injection zone being authorized, and contain any necessary corrective action as stated under rule 1200
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- .09(5). The authorization conditions shall be set at levels to prevent adverse effe cts 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 hum ans; and the risk of migration. The following conditions, subparagraphs (a) through (n), apply to all Class V UIC authorizations. All conditions applicable to all authorizations shall be incorporated into the authorizations either expressly or by reference. If incorporated by reference, a specifi c citation to these regulations must be given in the authorizations. (a) The applicant mu st com ply with all conditions of this authorization and all applicable laws and regulations. An y authorization noncompliance constitutes a violation of the Tennessee Water Quality Control Act and is grounds for enforcement action; for authorization termination, revocation and reissuance, or modification; or for denial of an authorization renewal application. (b) If the applicant wishes to continue an activity regulated by t his authorization after the expiration date of this authorization, the applicant mu st apply for and obtain a new authorization prior to expiration of this authorization. (c) It shall not be a defense for an owner or operator in an enforcement action that it would have been necessary to halt or reduce the authorized activity in order to ma intain com pliance with the conditions of this rule. (d) The owner or operator shall take all reasonable steps to mi nim ize or correct any adverse im pact on the environment resulting from non
-com pliance with this rule. (e) The owner or operator shall at all tim es properly o perate and ma intain all facilities and systems of related appurtenances ) which are installed or used by the applicant to achieve com pliance with th e conditions of this rule and authorization. P roper operation and ma intenance 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 this rule. (f) The authorization may b e modified, revoked and reissued, or terminated for cause. The filing of a request by

th e owner or operator for a modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any authorization condition. (g) This rule and the authorizations issued under it do not convey a ny p roperty rights of any sort, or any exclusive privilege. (h) The owner or operator shall furnish to the Department, within a tim e specified, any information which the Department may request to determine wh ether cause exists for modifying, revoking and reissuing, or terminating the authorization, or to determine com pliance with this rule. T he applicant shall also furnish to the Department, upon request, copies of records required to be kept by this rule or the authorization. (i) The owner or operator shall allow Department personnel, or an authorized representative of the Department, upon the presentation of credentials to:UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 67 ( Rule 1200

—4

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— .14 continued)

1. Enter upon the owner or operator’s premises wh ere a regulated facility or activity is located or conducted, or where records mu st be kept under the conditions of this rule or the authorization; 2. Have access to and copy, at reasonable tim es, any records that mu st be kept under the conditions of this rule or the authorization; 3. Inspect at reasonable tim es any fa cility, equipment (including mo nitoring and control equipment), practices, or operations regulated or required under this rule or the authorization; and 4. Sam ple or mo nitor at reasonable tim es, for the purposes or assuring compliance or as otherwise authorized by t he Tennessee Water Quality Control Act or these rules, any substances or parameters at any location. (j) Monitoring and records. 1. Sam ples and measurements taken for the purpos e of mo nitoring shall be representative of the mo nitored activity. The owner or operator shall mo nitor injection fluids, injection operations, and local ground water supplies, in accordance with the requirements for the applicable class of well stated in t his rule. 2. The owner or operator shall retain records of all monitoring information, including the following: (i) Calibration and ma intenance records and all original strip chart recordings for continuous mo nitoring instrumentation, copies of all reports required by

this authorization, and records of all data used to com plete the application for the authorization under this rule, for a period of at least 3 years from the date of the sample, measurement, report, or application. T his period may b e extend ed by

request of the Department at any time; and (ii) The nature and composition of all injected fluids until three ye ars after the completion of any plugging and abandonment procedures. The Department may

require the owner or operator to deliver the reco rds 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; (ii i) 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 s hall be signed and certified. (l) Reporting requirements.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 68 ( Rule 1200

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— .14 continued)

1. Planned Changes. The owner or operator shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility. 2. Anticipated noncompliance. The owner or operator shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with authorization requirements. 3. Transfers. See pa ragraphs (6), (7), (8) and (9) of Rule 1200
- 04
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- 08. 4. Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in this rule or the authorization. 5. Compliance schedules. Reports of com pliance or noncompliance with , or any progress reports on, interim and final requirements contained in any com pliance schedule of this permit shall be submitted no later than 30 days following each schedule date. 6. Twenty-four hour reporting. The owner or operator shall report any n oncompliance which may endanger health or the environment, including: (i) An y mo nitoring or other information which indicates that any contaminant may cause an endangerment to USDW s; or (ii) An y noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between USDWs

. An y such information shall be provided orally within 24 hours from the tim e the owner or operator becomes aware of the circumstances. A written submission shall also be provided within 72 hours of the time the owner or operator 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 tim es, and if the noncomplia nce has not been corrected, the anticipated tim e it is expected to continue; and steps taken or planned to reduce, elim inate and prevent reoccurrence of the noncompliance. 7. Other noncompliance. The owner or operator shall report all instances of noncomp liance not reported under parts 1, 4, 5, and 6 of this subparagraph, at the time mo nitoring reports are submitted. The reports shall contain the information listed in part 6 of this subparagraph. 8. Other information. Wh ere the owner or operator becomes aware that the owner or operator has failed to submit any relevant acts in a perm it application, or submitted incorrect information in a permit application or in any report to the Department, the owner or operator shall promptly submit such facts or information. (m ) Requirements prior to commencing injection. Except for all new wells authorized by a n area permit under rules 1200
- 04
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- .11 and 1200
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- 06
- .12, a new injection well may not commence injection until construction is complete, and 1. The owner or operator 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 this rule and t he authorization; orUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 69 ( Rule 1200

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— .14 continued) (ii) The owner or operator has not received notice from the Director of his or her intent to inspect or otherwise review the new injection well within 13 days of the date of the notice in part 1 of this subparagraph, in which case prior inspection or review is waived and the owner or operator may commence injection. The Director shall include in his notice a reasonable tim e period in which he shall inspect the well. (n) The owner or operator shall notify the Department at suc h times as this rule or the authorization requires before conversion or abandonment of the well, or in the case of area permits, before closure of the project. (o) A Class V authorization may i nclude, conditions to insure that plugging and abandonment of the well will not allow the movem ent of fluids into or between USDWs

. W here the Department's review of an application indicates that the applicant's plan is inadequate, the Department may require the applicant to revise the plan, prescribe conditions meet ing the requirements of this paragraph, or deny the authorization. Authority: T. C.A. §69

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— 105. Administrative History : Original rule filed August 9, 1985; effective September 8, 1985. Am endm ent filed April 11, 2001; effective date June 25, 2001. Am e ndm ent filed February 17 , 2010; effective date May 18, 2010
**1200 —** **4 —** **6 —** **.15 Fees For Class I Injection Wells.** (1) Permit Application Fees. Applications for permits to construct, operate or abandon a Class I injection well shall be accompanied by the follow ing fees: (a) Construction Permit (New wells) ..................... $2,500.00 (b) Operating Permit (Initial).................................... $2,500.00 (c) Abandonment Permit................................ $2,500.00 ( Rule 1200

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— .15 continued) (d) Operating Permit (Renewal).............................. $2,500.00 (2) Operational Fees. Owners or operators of Class I injection wells shall pay the following fees to the Department. (a) Waste fluid injection fee..................................$0.50 per 1,000 gallons (b) Annual permi t maintenance fee ............ $7,500.00 per well (c) Permit modification and reissuance fee ... $7,500.00 per well (d) Waste fluid injection fees must be paid after the effective date of the regulations regardless of the status of the permit. (3) All fees are due and payable as follows: (a) Application fees must be received with applications. (b) Operational feesUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 70 ( Rule 1200

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— .15 continued)

1. Fees for waste injection mu st be paid quarterly and are due at the time of submission of the quarterly mo nitoring reports as specified in the operating permit. 2. Annual permit ma intenance fees are due on the date these rules become effective or on the date the permittee commences injection, whichever is later, and on each successive anniversary unless the permit expires or is revoked. 3. Permit modification and reissuance fees are due at the time of submission of the

request by the permittee or thirty (30) days after notice of the need for modification has been sent to the permittee by the Department. (4) If an y part of any fee im posed under this paragraph is not paid within fifteen days of the due

date, a penalty of five percent (5 %) of the am ount due shall at once accrue and be added thereto. Thereafter, on the first day of each mo nth during which any part of any

fee or any prior accrued penalty remains unpaid, an addi tional penalty of five percent (5%) of the unpaid balance shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maxim um lawful rate from the due date to the date paid. (5) The owner or operator of a Class I well who is required to pay fees set forth under this paragraph and who disagrees with the calculation or applicability of the fee may petition the Water Quali ty Control Board for a hearing. In order to perfect the hearing, a petition for a hearing together with the total am ount of fee due mu st be received by t he Department not later than fifteen (15) days after the due date. If it is finally determined that the amount in dispute was im properly assessed, the Department shall return the amount determined to be improperly assessed with interest. (6) The Department shall review permit applications for a Class I well to determine if the application contains all of the information required by the Department. (a) If the application is deficient the Department will specify the deficiency(ies) in writing and inform the applicant by certified mail within ninety (90) days after the effective date of this rule or the date of receipt of the application whichever is later. (b) If the application is complete the Department will notify the applicant by certified ma il and initiate the permit evaluation process within ninety (90) days after the effective date of this rule or the date of receipt of the application whichever is later. (7) After notification that an application is complete, the Department shall complete its evaluation of an application for a Class I well as follows: (a) Construction permit 180 days (b) Operating permit 1. Existing well 180 days 2. New well 90 days (c) Renewal permit 90 days (d) Abandonment permits 90 days (8) Upon completion of the review, the Department will either deny the application or issue a draft permit for proces sing in accordance with rule 1200

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— .08(7). To achieve a final permit decision, an additional ninety (90) days will be required. (9) The time periods provided in paragraphs (6), (7), and (8) shall be stayed if: (a) A legal action concerning the permit is pending before any board, court or independent agency.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 71 ( Rule 1200

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— .15 continued) (b) The applicant requests that review be suspended. (c) The Department issues a written notice of deficiency and until the applicant addresses said deficiency to the satisfaction of the Department. (d) If the application review is not completed within 90 days in accordance with 1200
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- .15(6)(a) & (b), the application fee shall be returned. Authority: T.CA. §§69

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— 105 and 4

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—201 et seq. Administrative History: O riginal rule filed August 9, 1991; effective September 23, 1991.
**1200 —** **4 —** **6 —** **.16 Fees For Class II Injection Wells.** (1) Permit Application Fees. Applications for permits to operate a Class II injection well shall be accompanied by the following fees: App lication review fee......................................................................................... $2,500.00 Permit renewal fee (every 5 years) ....................................................................

. $1,000.00 (2) Operational Fees. Owners or operators of Class II injection wells shall pay the following fees to the Department: Annual maintenance fee........................................................................................

. .$500.00 Permit modification and reissuance fee ...................................................................$250.00 (3) Annual permit maintenance fees are due on the date these rules become effective or on the date the permittee commences injection, whichever is later, and on each successive ann iversary unless the permit expires or is revoked. (4) Permit modification and reissuance fees are due at the tim e of subm ission of the request by t he permittee or thirty

( 30) days after notice of the need for modification has been sent to the permittee by the Department. (5) If any part of any fe e im posed under this section is not paid within fifteen days of the due date, a penalty of five percent (5 %) of the am ount due shall at once accrue and be added thereto. Thereafter, on the first day of each mo nth during which any part of any fee or any p rior accrued penalty remains unpaid, an addi tional penalty of five percent (5%) of the unpaid balance shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due date s hall bear interest at the maximum lawful rate from the due date to the date paid. (6) The Department shall review permit applications for a Class II well to determine if the application contains all of the information required by the Department. (a) If the application is deficient the Department will specify the deficiency(ies) in writing and inform the applicant by certified mail within sixty (60) days after the date of receipt of the application. (b) If the application is complete the Department will n otify the applicant by certified mail and initiate the permit evaluation process within sixty (60) days after the date of receipt of the application. (c) The time periods provided in paragraphs shall be stayed if:
1. A legal action concerning the permi t is pending before any board, court or independent agency.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 72 ( Rule 1200

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— .16 continued)

2. The applicant requests that review be suspended. 3. The Department issues a written notice of deficiency and until the applicant addresses said deficiency to th e satisfaction of the Department. (d) If the application review is not completed within 60 days in accordance with 1200
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- .16(6)(a) & (b), the application fee shall be returned. Authority: T.C.A. §69

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— 105. Adm inistrative History: Original rule August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Am endm ent filed February 17 , 2010; effective date May

18, 2010
**1200 —** **4 —** **6 —** **.17 Fees For Class III Injection Wells.** (1) Permit Application Fees. Applicatio ns for permits to operate a Class III injection well shall be accompanied by the following fees: Application review fee......................................................................................... $2,500.00 Permit renewal fee (every 5 years) .......................................................................$1,500.00 (2) Operational Fees. Owners or operators of Class III injection wells shall pay the following fees to the Department: Annual maintenance fee.............................. .............................................................$1000.00 Permit modification and reissuance fee....................................................................$ 250.00 (3) Annual permit maintenance fees are due on the date these rules be come effective or on the date the permittee commences injection, whichever is later, and on each successive anniversary unless the permit expires or is revoked. (4) Permit modification and reissuance fees are due at the tim e of subm ission of the request by the permittee or thirty

( 30) days after notice of the need for modification has been sent to the permittee by the Department. (5) If any part of any fe e im posed under this section is not paid within fifteen days of the due date, a penalty of five percen t (5 %) of the am ount due shall at once accrue and be added thereto. Thereafter, on the first day of each mo nth during which any part of any fee or any p rior accrued penalty remains unpaid, an addi tional penalty of five percent (5%) of the unpaid balance shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid. (6) The Department shall review permit applications for a Clas s III well to determine if the application contains all of the information required by the Department. (a) If the application is deficient the Department will specify the deficiency(ies) in writing and inform the applicant by certified mail within ninety (90) days after the date of receipt of the application. (b) If the application is complete the Department will notify the applicant by certified mail and initiate the permit evaluation process within ninety days (90) days after the date of receipt of the application. (c) The time periods provided in paragraphs shall be stayed if: 1. A legal action concerning the permit is pending before any board, court or independent agency.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 73 ( Rule 1200

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— .17 continued)

2. The applicant requests that review be suspe nded. 3. The Department issues a written notice of deficiency and until the applicant

addresses said deficiency to the satisfaction of the Department. (d) If the application review is not completed within 60 days in accordance with 1200
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- .17(6)(a) & ( b), the application fee shall be returned. Authority: T.C.A. §69

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— 105. Adm inistrative History: Original rule August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001.
**1200 -** **4 -** **6 -**  **.18 Fees For Class V Inject ion Wells.**  (1 ) Application Fees. Applications for authorizations or permits for the following Class V injection wells shall be accompanied by the following one
-tim e application review fees: (a) Innovative technology wells............................... ....$1,000.00 (per project) (b) Storm water drainage wells.

Subdivisions.................................................................... $500.00 (per project) Commercial/industrial facilities........................................... $750.00 (per p roject) (c) Commercial/industrial geothermal wells

Open loop systems........................................................... $750.00 (per facility) (d) Commercial/industrial SFDS and infiltration cells........................ $500.00 (per facility) (e) Large capaci ty septic systems......................................................... $250.00 (per facility) Churches ................................................................ $100.00 (per facility) (f) Remediation wells Oversight under this rule............................................................$1,000.00 (per facility) Oversight by the Department not under this rule............................. None (g) Change of ownership............................................................... $75 (h) Modification of recharge point .................................................... $350 (per project) (2) Renewal Fee. The following Class V wells shall submit the following fees with the renewal application: (a) Storm water drainage wells

Commercial/industrial facilities: $350.00 (per facility) (b) Commercial/industrial geothermal wells Open loop $350.00 (per faci lity) (c) Commercial/industrial SFDS and infiltration cells: $250.00 (per facility) (d) Large capacity septic systems: $250.00 (per facility) Churches $50.00 (per facility) (3) If the application is deficient the Department will specify the deficiency(ies) in writing and inform the applicant within sixty (60) days after the date of receipt of the application. (4) If the application is complete the Department will notify the applicant and initiate the permit

evaluation process within si xty (60) days after the date of receipt of the application.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 74 ( Rule 1200

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— .18 continued) (a) The time periods provided in paragraphs (3) and (4) shall be stayed if: 1. A legal action concerning the permit is pending before any board, court or independe nt agency. 2. The applicant requests that review be suspended. 3. The Department issues a written notice of deficiency and until the applicant addresses said deficiency to the satisfaction of the Department. (b) If the application review is not complete d within 60 days in accordance with 1200
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- .18(3)&(4), the application fee shall be returned. Authority: T.C.A. §69

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— 105. Adm inistrative History: Original rule 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 -**  **.19 Bonds Required for Permitted Wells** (1) A surety bond or cash bond is required from the owner or operator of an injection well for Class I, II and III wells adeq uate to allow proper plugging and abandonment of the well(s) and may b e required for Class V wells at the Department’s discretion. Such bonds are penal in nature. Such surety bond or cash bond i s required to be in force for a well from the tim e a permit has been granted until the well has been properly abandoned. B onds shall be in favor of the Department, conditioned that the well shall me et all requirements of this rule chapter and be properly plugged and abandoned in accordance with this rule chapter. An individual well bond shall be released upon the proper plugging of the well and the filing of a plugging and abandonment report, driller’s log, downhole surveys, and other data as required. (2) At any

t im e other than after the issuance of a notice of noncompliance or forfeiture, the surety may notify

the Director of the Division of Water Supply i n writing of its desire to terminate its liability under the bond byg iving written notice to the Director. T he Director shall thereupon require the principa l in the bond to file a new bond, or to effect a change of owners on the well within sixty

( 60) days. I f the principal can no longer be contacted, then any i nterested party may seek to change ownership on the well. I f a new bond is filed by the principal , or a change in ownership is approved by t he Director, liability under the original bond shall cease and terminate as to acts and operations occurring after the effective date of the new bond or approval of change in ownership and the original bond shall be released upon written request from the surety. I f a new bond is not filed within sixty (60) days, or a change in ownership has not been approved, the Director shall revoke the permit secured by the bond and require the principal to plug and abandon the well in accordance with the Underground Injection Control rules. I n the event of the failure of the principal to plug the well, the surety m ay e ither cause the well to be plugged, or forfeit the amount of the bond to the Department. This action will be initiated by the issuance of a notice of noncompliance. T he surety will then have thirty (30) days in which to plug the well. I f the well has not been plugged within that time limit, then a notice of forfeiture will be issued. The surety will then have twenty
- one (21) d ays within which to petition the Tennessee W ater Quality Control Board for a hearing relative to the bond forfeiture, pursuant to the Adm inistrative Procedures Act, T.C.A. 4
- 5
- 101 et. seq. I f a hearing is requested, no further action wil l be taken against the bond until such hearing has taken place and a final order given by the Board. I f the well has been plugged in the interim, then notice of forfeiture will be cancelled and the bond released. (3) An y of the following shall serve as bonds: (a) A surety bond executed by the well operator as principal and by a corporate surety authorized to do business in Tennessee; orUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 75 ( Rule 1200

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— .19 continued) (b) cash; or (c) a certified check; or (d) a certificate of Deposit, if made out exactly as follows: “Owner Name and Tennessee Department of Environment and Conservation or Tennessee Department of Environm ent and Conservation”; and does not contain any terms or conditions that provide that the issuing bank may

c harge against the deposi t any d ebt of the depositor(s) owing to it (set
off terms); or any terms or conditions that provide anyone whose signature appears on the signature card to withdraw from funds the account. T he owner shall be entitled to any interest earned on a certificate of deposit as the same becomes due and payable. T he treasurer of the State of Te nnessee shall receive and hold originals of such certificates in the nam e of the State of Tennessee, in trust, for the purpose for which such deposit is made, and shall at a ll tim es be responsible for the custody and safekeeping of such deposits; provided, however, that the certificate may be returned to the issuing financial institution as may

be necessary for renewal from time to time; or (4) Forfeiture (a) The Director shall cause a notice of noncompliance to be served upon the owner/operator and surety if the requirements for proper plugging and abandonment of a well or wells have not been complied with within the time lim its set forth by t his rule. C om pliance for prop er plugging and abandonment shall include the submission of all required records and data. (b) The notice shall specify i n what respects the owner has failed to comply with this rule or orders of the W ater Quality Control Board. (c) If the owner and/or operator has not reached an agreement with the Director, or has not com plied with the requirements set forth within thirty (30) days after the ma iling of the notice, the bond shall then be forfeited to the Department, and the money used to properly plug the well(s). S uch bonds are penal in nature, and the full am ount of the bond shall be forfeited. (5) Notice of Noncompliance (a) At any time the Director causes a notice of noncompliance to be served upon the principal, the surety shall be afforded the opportunity to act in behalf of the principal within the tim e set forth in regard to proper plugging of the well or wells and submission of required well records, downhole data and plugging reports. S hould the principal and surety fail to com ply within th e tim e provided, then and only in that event, the bond shall be forfeited and used to plug the well. Wh en a bond is forfeited under this rule, the Director shall give notice to the Attorney General, who shall institute proceedings to collect the forfeiture. Authority: T.C.A. §69

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— 105. Adm inistrative History: Original rule August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001.UNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 76 Figure AUNDERGROUND INJECTION CONTROL CHAPTER 1200

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May, 20 10 (Revised) 77

**Pursuant to**  **the State**  **of Tennessee’s**  **policy of**  **non -** **discrimination, the**  **Tennessee Department of Environment and Conservation does not discriminate on the basis of**  **race, sex,**  **religion, color,**  **national or**  **ethnic origin,**  **age, disability,**  **or military**  **service in**  **its policies,**  **or in**  **the admission**  **or access**  **to, or**  **treatment or**  **employment in**  **its programs,**  **services or**  **activities. E**  **qual Employment**  **Opportunity/A ffirmative**  **Action inquiries**  **or complaints**  **should be**  **directed to**  **the EEO/** **AA Coordinator,**  **Office of**  **General Counsel**  **401 Church**  **Street, 20**  **th Floor**  **L &**  **C Tower,**  **Nashville, TN**  **37243, 1**  **- 888**  **- 867**  **- 7455.**  **A DA**  **i nquiries**  **or complaints**  **should be**  **directed to**  **the AD**  **A Coordinator, Human Resources Division, 401 Church Street, 12**  **th Floor L &**  **C Tower, Nashville,**  **TN 37243,**  **1 -** **866 -** **253 -** **5827. H**  **earing impaired**  **callers may**  **use the**  **Tennessee Relay Service (1 -** **800 -** **848 -** **0298). To reach you local**  **ENVIRONMENT AL** **FIELD OFFICE Call 1**  **- 888**  **- 891**  **- 8332 OR 1**  **- 888**  **- 891**  **- TDEC**  

### Tennessee Department of Environment and Conser**vation, Authorization No. xxxxxx** **, 1,000 copies. This public document wa** **s promulgated at a cost of $0.xx per copy.**  **May 2010**