reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-7 - Corrective Action

Current through Register Vol. XLI, No. 28, July 12, 2024
The requirements of
				  40 C.F.R. §
										146.7 are incorporated by
				  reference.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-8 - Mechanical Integrity

Current through Register Vol. XLI, No. 28, July 12, 2024
The following requirements of
				  40 C.F.R. §
										146.8 are incorporated by reference:
8.1
									40 C.F.R. §
										146.8(a); §
									146.8(b)(1) and
				(2); 5146.8(c)(1), (c)(3) and (c)(4); §
									146.8(d)
				and §
									146.8(e).
8.2 Mechanical integrity for Class II wells
				may be demonstrated by any requirement determined necessary under Section 12 of
				this rule (Series 3).
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-9 - Requirements For Wells Injecting Hazardous Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
The following requirements of
				  40 C.F.R. §
										144.14 are incorporated by reference.
9.1 Applicability -
				40 C.F.R. §
										144.14(a);
9.2 Authorization -
				40 C.F.R. §
										144.14(b);
9.3 Requirements -
				40 C.F.R. §
										144.14(c);
9.4 Notification -
				40 C.F.R. §
										144.14(c)(1);
9.5 Identification Number -
				40 C.F.R. §
										144.14(c)(2);
9.6 Manifest System -
				40 C.F.R. §
										144.14(c) (3 );
9.7 Manifest discrepancies -
				40 C.F.R. §
										144.14(c)(4);
9.8 Operating record -
				40 C.F.R. §
										144.14(c) (5 );
9.9 Annual report -
				40 C.F.R. §
										144.14(c)(6);
9.10 Unmanifested waste report -
				40 C.F.R. §
										144.14(c)(7);
9.11 Personnel training -
				40 C.F.R. §
										144.14(c)(8);
9.12 Certification of closure - 4 0 C.F.R.
				§ 144.14(c)(9); and
9.13
				Additional requirements for Class IV wells [Reserved] -
				40 C.F.R. §
										144.14(d).
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-10 - Plugging and Abandoning Class I and III Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
The requirements set forth at
				  40 C.F.R.
				  §
										146.10 are incorporated by reference,
				  except to the extent applicable to Class II wells. Plugging and abandonment
				  requirements for Class II wells shall be those required pursuant to Series 1,
				  Section 7 of the Division's rules.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-11 - Criteria and Standards Applicable to Class I Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1 Applicability. The requirements of
				40
				C.F.R. §
										146.11 are incorporated by
				reference.
11.2 Construction
				Requirements. The requirements of
				40 C.F.R. §
										146.12 are incorporated by reference.
				Additionally, the following requirements shall apply:
11.2.1 Each Class I well shall be sited in an
				area which has an overlying confining bed that is free of known faults or
				fractures within the area of review.
11.2.2 All parts of Class I wells which will
				come into contact with corrosive fluids (whether injected or in the native
				environment) shall be constructed of corrosion resistant material.
11.2.3 For new Class I wells, the
				compatibility of injected fluids with formation fluids will be determined and
				such information submitted to the Director.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-12 - Criteria and Standards Applicable to Class II Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1 The criteria and standards applicable to
				Class II wells shall be those which are required pursuant to Series 1, Section
				7 of the Division's rules and any other requirements that the Director
				considers reasonably necessary to ensure that no pollution of underground
				sources of drinking water occurs.
12.2 Class II wells shall either be
				authorized by rule or owners and operators shall obtain permits in accordance
				with the requirements of this rule.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-13 - Criteria and Standards Applicable to Class III Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1 Applicability. The requirements of
				40
				C.F.R. §
										146.31 are incorporated by
				reference.
13.2 Construction
				Requirements. The requirements of
				40 C.F.R. §
										146.32 are incorporated by reference.
				Additionally, the following requirements shall also apply:
13.2.1 All parts of Class III wells which
				will come into contact with corrosive fluids (whether injected or in the
				natural environment) shall be constructed of corrosive resistant
				material.
13.2.2 The following logs
				and tests shall be made on surface casing intended to protect underground
				sources of drinking water:
13.2.2.1
				Resistivity, spontaneous potential, and calipher logs before the casing is
				installed; and
13.2.2.2 A cement
				bond, temperature, or density log after the casing is set and
				cemented.
13.2.3 For
				intermediate and long strings of casing intended to facilitate injection:
13-2.3.1 Resistivity, spontaneous potential,
				porosity and gamma ray logs before the casing is installed;
13.2.3.2 Fracture finder logs in appropriate
				situations a prescribed by the Director; and
13.2.3.3 A cement bond, temperature or
				density log after the casing is set and cemented.
13.2.4 Where the injection zone is a
				formation which is naturally water bearing, the following information (in
				addition to- that required by 4 0 C.F.R. § 146.32 ) concerning the
				injection zone shall be determined or calculated for new Class III wells or
				projects:
13.2.4.1. The nature and volume of
				the injected fluid, the formation water and the process by
				products.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-14 - Criteria and Standards Applicable to Class IV Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
The construction and operation of all Class IV wells is
				  prohibited.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-15 - Criteria and Standards Applicable to Class V Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
The following provisions of 40 C.F.R. are hereby incorporated
				  by reference:
15.1 Applicability -
				40
				C.F.R. §
										146.51;
15.2 Inventory and Assessment - 40 C.F.R.
				§ 146.52. In addition, the following requirements shall apply:
15.2.1 If at any time the Director gains
				knowledge of a Class V well which presents a significant risk to the health
				of., persons, he shall prescribe such action as necessary.
15.2.2 All Class V wells shall be authorized
				by rule unless the Director requires an individual permit.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-16 - Underground Injection Well Permitting Program

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1 Prohibition of Unauthorized Injection.
				40 C.F.R. §
										144.11 is incorporated by
				reference.
16.2 Prohibition of
				Movement of Fluid Into Underground Sources of Drinking Water.
				40
				C.F.R. §
										144.12 is incorporated by
				reference.
16.3 Authorization of
				Underground Injection by Rule. The requirements of 40 C.F.R. Part 144, Subpart
				C are incorporated by reference.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-16 - Certification Of Gas Wells › Section 38-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope - This
				legislative rule shall govern and apply to proceedings under
W. Va.
				Code
§
									22B-1-2(c)(11)
				concerning gas wells and implementation of the Natural Gas Policy Act of 1978
				and pertinent federal regulations.
1.2 Authority -
W. Va.
				Code
§§
									22-1-13;
				22-1-15;
				22B-1-2; and
				22B-1-2(c)(11).
1.3 Filing Date - June 12, 1987
1.4 Effective Date - June 12, 1987
1.5 Former Rules Superseded - This
				legislative rule supersedes West Virginia Legislative Rule "Office of Oil and
				Gas, Department of Mines, Chapter 22-4, Series V, Part II, Certification of Gas
				Wells under the Natural Gas Policy Act of 1978 and Code §
									22-4-1(a)(c),"
				in effect on July 11, 1985. Such rule was continued in effect pursuant to
W. Va. Code
§
									22-1-15
				for the benefit of the Department of Energy inasmuch as it pertained to the
				provisions of The West Virginia Energy Act.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-16 - Certification Of Gas Wells › Section 38-16-3 - Filing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1
				General Requirements -
3.1.1 No application
				under this rule will be certified until such time as a copy of Form OP-1,
				"Operator Registration Form and Designation Form", has been filed.
3.1.2 All forms promulgated by the Division
				of Oil and Gas and required by this rule may be replaced by copies of any
				applicable predecessor form promulgated by the Division of Oil and Gas or by
				equivalent company or operator forms-
3.1.3 If an Operator wishes to seek a
				determination that a well qualifies for more than one category under NGPA, a
				separate application must be submitted for each category for which a
				determination is desired.
3.1.4
				Each application must be accompanied by a filing fee of forty dollars. Where an
				Operator is submitting several applications at one time, a single check may be
				submitted for a sum equal to the number of applications multiplied by forty
				dollars.
3.1.5 Such other
				information as the Division of Oil and Gas may require in order to establish by
				substantial evidence that the well qualifies for the NGPA category for which a
				determination is sought.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-16 - Certification Of Gas Wells › Section 38-16-4 - Certification Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 Initial
				Action by the Division of Oil and Gas Upon receipt of an application to certify
				a well for the maximum lawful price under §§102, 103, 107, or 108 of
				the NGPA, the Division of Oil and Gas will conduct a review of the submitted
				data along with other information available to it/ and prepare a summary report
				for the Director. A file number and a determination date will be assigned. One
				copy of FERC Form 121 and one copy of Form FC-48WC will be mailed to the
				Operator and the Purchaser (if known) notifying them of the file number,
				determination date and the date of filing with the Division of Oil and
				Gas.
4.2 Periodical Circular -
4.2.1 The Division of Oil and Gas will
				publish from time to time, but not less often than monthly, a circular
				indicating the status of various applications filed under this rule. Copies of
				the circular will be filed with the Secretary of State and the Capitol News
				Media.
4.2.2 The circular will
				identify each well by applicant and by a file number which will indicate:
4.2.2.1 The date received by the Division of
				Oil and Gas;
4.2.2.2 The NGPA
				category for which application is made; and
4.2.2.3 The A.P.I, county and permit
				number.
4.2.3 The
				circular will constitute notice of the following:
4.2.3.1 That the initial application was
				complete or incomplete as received;
4.2.3.2 The scheduled determination
				date;
4.2.3.3 The determination
				made, by the Division of Oil and Gas and the date of determination;
				and
4.2.3.4 The date on which the
				determination order was filed with FERC.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-17 - NPDES Program › Section 38-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope - This
				legislative rule establishes requirements pertaining to the State National
				Pollutant Discharge Elimination System (NPDES) Program as it relates to the
				exploration, development, production, storage and recovery of oil and gas and
				related mineral resources in this state.
1.2 Authority and Related Code Citation(s) -
W.Va. Code
§§
									22-1-13;
				22-1-15;
				22-1-16;
				22B-1-2;
				22B-1-7;
				20-5A-1
				through 24.
1.3 Filing Date - June
				12, 1987
1.4 Effective Date - This
				rule shall become effective upon the date of the proclamation by the Governor
				pursuant to
W. Va. Code
§ 22-1-20 stating that
				final approval of the transfer of this program has been given by the United
				States Environmental Protection Agency or that such final approval is not
				necessary.
1.5 Former Rule
				Superseded - This legislative rule supersedes West Virginia Administrative
				Regulations, "State Water Resources Board, Chapter 20-5A, Series II
				Requirements Governing the State National Pollutant Discharge Elimination
				System (NPDES) Program," in effect on July 11, 1985 to the extent that such
				rule pertains to the exploration, development, production, storage and recovery
				of oil and gas, and related mineral resources in this state. Such regulations
				were continued in effect pursuant to
W.Va. Code
§
									22-1-15
				for the benefit of the Department of Energy to the extent that they pertained
				to the provisions of The West Virginia Energy Act.
1.6 Incorporation by Reference - All
				incorporations by reference in these regulations of federal regulations shall
				refer to those federal provisions in effect as of May 1, 1986. A copy of the
				incorporated regulations was filed with the Secretary of State on May 14,
				1986.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-17 - NPDES Program › Section 38-17-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless the context in which used clearly requires a different
				  meaning, the definitions set forth in
W.Va. Code
§§
									20-5A-2,
				  22B-1-1
				  and
				  22-1-3
				  shall apply to this rule along with the following definitions. In the event of
				  any conflict in the definitions between
W.Va. Code
§
									20-5A-2 and
W.Va. Code
§§
									22B-1-1
				  and
				  22-1-3,
				  the definitions in
W.Va. Code
§§
									22B-1-1
				  and
				  22-1-3
				  shall control. The definitions contained in
				  40 C.F.R. §
										122.2 are here by incorporated by reference.
				  Each time the word "EPA" or "Administrator" or "Regional Administrator" appears
				  in the federal regulations, it shall be construed to mean the Director of the
				  Division of Oil and Gas unless the context clearly indicates the term to stand
				  as "EPA."
2.1 "Waters of the United
				States" shall be construed to mean "waters of the State."
2.2 "Facility or Activity" shall be construed
				to be limited to those facilities and activities subject to the jurisdiction of
				the Director pursuant to
W.Va. Code
§ 223-1-1 et
				seq.
2.3 "State" shall mean West
				Virginia.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-17 - NPDES Program › Section 38-17-3 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 Permit
				Requirement - No person shall discharge pollutants from a point source subject
				to these regulations into surface waters of the State except as authorized
				pursuant to a State NPDES permit, general permit or combined-well work- permit
				issued under these regulations. A NPDES permit issued pursuant to this rule
				shall be deemed to be a permit issued in accordance with
W.Va.
				Code
§§ 20-5A-5 and
				22B-1-7.
3.2 General Requirements - The following
				provisions of 40 C.F.R. are hereby incorporated by reference:
3.2.1 Exclusions -
				40
				C.F.R. §
											122.3;
3.2.2 Prohibitions -
				40
				C.F.R. §
											122.4;
3.2.3 Effect of a permit -
				40 C.F.R. §
											122.5;
3.2.4 Continuation of expiring permits - A
				permit may be extended by the Director for a period not to" exceed eighteen
				(18) months beyond its expiration date if the applicant has made a timely and
				complete application for permit reissuance. Such continued permits remain fully
				effective and enforceable. When a permit is issued, the extended permit, if
				still effective, becomes automatically void.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-17 - NPDES Program › Section 38-17-4 - Permit Application Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
The following provisions of 40 C.F.R. are hereby incorporated
				  by reference:
4.1. Application for a
				permit -
				40
				C.F.R. §
										122.21, as amended by 50 Fed.
				Reg. 35203 (Aug. 29, 1985), except §122.21(h), (i), (k) and (m);
4.2 Signatories to permit
				applications and reports
				40
				C.F.R. §
										122.22;
4.3 Separate storm sewers -
4.3.1 "Separate storm sewer" means a
				conveyance or system of conveyances (including pipes, conduits, ditches, and
				channels) primarily used for collecting and conveying storm water runoff and
				which is either:
4.3.1.1 Located in an
				urbanized area as designed by the U.S. Bureau of the Census according to the
				criteria in 39 FR 15202 (May 1, 1974); or
4.3.1.2 Not located in an urbanized area as
				designated under Section 4.3.5.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-17 - NPDES Program › Section 38-17-5 - permit Conditions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following provisions of 40 C.F.R. are hereby incorporated
				  by reference:
5.1 conditions
				applicable to all permits -
				40
				C.F.R. §
										122.41, except
				§122.41(a)(2), §122.41(1), §122.41(j)(5), §122.41(k) (2),
				and §122. 41 (1) ( 3) ;
5.2
				Additional conditions applicable to specified categories of NPDES permits -
				40
				C.F.R. §
										122.42(a);
5.3 Inspection and entry - Whenever required
				to carry out the objectives of these regulations, the Director or his
				authorized representative, upon presentation of credentials or other documents
				as may be required by law:
5.3.1 Shall have a
				right of entry to, upon or through any premises in which an effluent source is
				located or in which any records required to be maintained by these regulations
				are located, and
5.3.2 May at
				reasonable times have access to and copy any records, inspect any monitoring
				equipment or method required and sample and monitor or analyze any streams in
				the area as well as sample and monitor and analyze any effluents which the
				owner or operator of the source is required to sample.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-17 - NPDES Program › Section 38-17-7 - Modification, Revocation and Reissuance, and Termination of Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
The following provisions of 40 C.F.R, are hereby incorporated
				  by reference:
7.1 Modification or
				revocation and reissuance of permits -
				40
				C.F.R. §
										122.62;
7.2 Minor modifications of permits -
				40 C.F.R. §
										122.63;
7.3 Termination of permits - 40 C.F.R. §
				122, 64;
7.440 C.F.R. § 122,
Appendix A - NPDES Primary Industry Categories
Appendix A - NPDES Permit Application Testing Requirement
				  (Including Tables)
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-17 - NPDES Program › Section 38-17-9 - Criteria and Standards; Variances

Current through Register Vol. XLI, No. 28, July 12, 2024
The following provisions of 40 C.F.R. are hereby incorporated
				  by reference: 40 C.F.R. Part 125, Subparts A, C, D, E, F, G, H, J, and
				  K.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-17 - NPDES Program › Section 38-17-10 - Federal Effluent Limitations Guidelines and Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
The provisions of 40 C.F.R., Chapter I, " Subchapter K, Parts
				  401, 403, as amended by 50 Fed. Reg. 38811 (Sept. 25, 1985), and 435 are hereby
				  incorporated by reference.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-17 - NPDES Program › Section 38-17-11 - Toxic Pollutant Effluent Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
The provisions of 40 C.F.R. Part 129 are hereby incorporated
				  by reference.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. -- This
				rule shall govern and apply to proceedings under W.Va. Code. §
									22B-1-1
				et seq. governing oil and gas wells and other wells, except proceedings with
				respect to the "Natural Gas Policy of 1978" covered by Series 16 of the
				Divisions' rules. Certain portions of this series shall govern and apply to WV
				Code § 20-5M-1 et seq. related to groundwater protection, and to WV Code
				§22B-5 et seq. abandoned wells.
1.2. Authority. -- W.Va. §§
				20-5M-5;
				22-1-13;
				and
				22B-1-2.
1.3. Filing Date. -
				_________________
1.4. Effective
				Date. -- July 1, 1993
1.5. Former
				Rule Superseded - This legislative rule supersedes West Virginia Legislative
				Rule "Department of Energy, Division of Oil and Gas, Series 18, Oil and Gas
				Wells and other wells" in effect on June 12, 1987.
1.6. Forms -- An index of all current forms
				and copies of any forms currently used under or required by this rule may be
				obtained from the Chief The Office of Oil and Gas reserves the right to amend
				any forms prospectively to accord more fully with the West Virginia Code
				Chapter 22B and this rule.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-3 - Inspectors Forms, Forms, Departmental Records

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Notice and Application Forms - Forms
				WW-2(A), WW-2(B), WW-3(A), WW-3(B), WW-4(A), WW-4(B) shall accord the
				interested parties essentially the same notice, rights and statements of those
				rights and be in substantially the same form as the versions of those forms
				issued at the same time as this rule.
3.2. Report Forms -- The report forms to be
				used by oil and gas inspectors or the supervising inspector upon inspection
				pursuant to the W.Va. Code §22B are as follows:
3.2.1. Form VE-26, "Inspector's Well Report"
				for permitted well work (obverse) except plugging and abandonment
				(reverse);
3.2.2. Form VI-27,
				"Notice of Violation;"
3.2.3. Form
				VI-28, "Imminent Danger Order;"
3.2.4. Form VI-29, "Notice Extending
				Abatement Time;"
3.2.5. Form VI-30,
				"Order for Failure to Abate Violation;"
3.2.6. Form VI-31, "Notice of
				Abatement;"
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-4 - Inspectors Findings of Violation, Abatement

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Violations, Findings and Orders -
				Findings and orders of oil and gas inspectors concerning violations discovered
				during an inspection shall be recorded on the appropriate form listed in
				Section 3.2. Such finding and orders shall not be construed to limit the
				Office's power to initiate any other lawful proceedings concerning violations
				of W.Va. Code §22B-1, or this rule.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-5 - Permits, Notice, Review

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Reserved
5.2. Application for
				Permit; Issuance, Conditions and Modifications.
5.2.1. an application for any well work
				permit required for an oil or gas well or an underground storage well by W.Va.
				Code §
										22B-1-6,
				except for permits to plug a well, shall be made on Form WW-2(B), "Application
				for Well Work Permit," and shall be accompanied by:
5.2.1.1 a "Notice of Application for a Well
				Work Permit" in the form prescribed by Section 5.4,
5.2.1.2 a plat in the form prescribed by
				Section 9,
5.2.1.3. a bond in one
				of the forms prescribed by Section 10, or in lieu thereof cash or collateral
				security allowed by W.Va. Code § 22B-1-26,
5.2.1.4. Form WW-9, "Construction and
				Reclamation Plan", applicable to the plan required by W.Va. Code §
											22B-1-6(d)
				and a plan for performing the reclamation required by W.Va. Code §
				22B-1-30 and Section 16,
5.2.1.5.
				with any initial application to drill a well the fees required by W.Va. Code
				§
											22B-1-2 (two hundred
				fifty dollars ($250) application fee), W.Va. Code § 22B-1-29 (one hundred
				dollars ($100) special reclamation fee), and a fee of thirty-five dollars ($35)
				for field review of soil and erosion control plans.
5.2.1.6. If applicable, the consent required
				by W.Va. Code § 22B-1-21.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-6 - Plats, Notice to Coal Owner, Operator or Lessee

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Plats -
6.1.1. The plat submitted pursuant to W.Va.
				Code §
										22B-1-12
				before "drilling for oil or gas, or before fracturing or stimulating a well",
				shall contain the information required by W.Va. Code §
										22B-1-12 and
				otherwise by this rule in the form and manner provided in Section 9. A separate
				plat shall not be required for stimulating a well where stimulating is to be a
				part of the work for which a permit is sought and such fact is noted on Form
				WW-2(B), "Application for a Well Work Permit".
6.1.2. A plat is hereby required to accompany
				all applications for "fracturing any well" under W.Va. Code § 22B-1-13 by
				means subsequent to and not an incident of previously permitted drilling,
				redrilling, deepening, pressuring or converting of such well. If the well to be
				fractured is an oil or gas well, the plat shall contain the same information
				required for plats by W.Va. Code §
										22B-1-12 and
				otherwise by this rule, and shall be in the form and manner provided in Section
				9; and if the well is a liquid injection or waste disposal well, the plat shall
				contain the same information required for plats by W.Va. Code § 22B-1-14
				and otherwise by this rule, and shall be in the form and manner provided in
				Section 9.
6.1.3. The plat required
				by W.Va. Code § 22B-1-14 before drilling a well for the introduction of
				liquids for the purposes provided in W.Va. Code § 22B-1-25 or for the
				introduction of liquids for the disposal of sewage, industrial waste or other
				waste or the effluent therefrom on any tract of land, or before converting an
				existing well for such purposes, shall contain the information required by
				W.Va. Code § 22B-1-25 and otherwise by this rule and shall be in the form
				and manner provided in Section 9. Submission of a separate plat shall not be
				required before stimulating such a well where stimulating is to be part of the
				well work for which a permit is sought and such fact is noted on Form WW-3(B),
				"Liquid Injection or Waste Disposal Well Work Permit Application".
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-7 - Operational Regulations on Liquid Injection and Waste Disposal Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Tubing and
				Packer Arrangements; Variance; Regulation of Pressure -
7.1.1. Injection of water, other liquids, or
				wastes shall be accomplished through a tubing and packer arrangement with the
				packer set immediately above the injection zone, and the annulus between the
				tubing and casing shall be monitored by pressure sensitive devices or through
				production casing adequately seated and cemented that will allow monitoring of
				the annulus between the injection casing and the last intermediate casing
				string or coal-fresh water casing string, as the case may be Upon a proposal
				made in detail on Form WR-37, "Pre-Operations Certificate for Liquid Injection
				or Waste Disposal Well", a variance from any of the foregoing requirements may
				be granted upon a showing in the application or at the hearing by an individual
				operator that alternate prudent engineering practices will prevent migration
				outside the target information.
7.1.2. The injection pressure shall be
				regulated to minimize the possibility of fracturing the confining strata; and
				the Form WR-37, "Pre-Operation Certificate for Liquid Injection or Waste
				Disposal Well", submitted for each such well shall set forth the proposed
				operation in detail so as to demonstrate that this requirement will be
				satisfied.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-8 - Objections to Applications; Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Objection Filed by Coal Operators,
				Owners or Lessees - Objections by coal operators, owners, or lessees filed
				pursuant to W.Va. Code §§ 22B-1-15, 22B-1-16 or 22B-1-17, shall be
				made on Form OB-13, "Objection under W.Va. Code 22B-1-15, W.Va. Code §
				22B-1-16, or W.Va. Code § 22B-1-17 to "Proposed Permitted Work",
8.2. Objection by the Office - Objections by
				the Office to any proposed well work under W.Va. Code §§ 22B-1-15,
				22B-1-16, 22B-1-17, shall be made in writing, and in the same detail required
				of objections by coal operators, owners or lessees.
8.3. Notice to Applicant of Objection -
8.3.1. If a coal operator, owner, or lessee
				files or the Office makes objection to proposed work under W.Va. Code §
				22B-1-15 or W.Va. Code § 22B-1-16, the Office shall notify the applicant
				well operator by Form OB-14, "Notice to Well Operator of Objection under W.Va.
				Code §§ 22B-1-15 or W.Va. Code 22B-1-16," attaching copies of all
				such objections.
8.3.2. If a coal
				operator, owner or lessee files or the Office makes objection under W.Va. Code
				§ 22B-1-17, the Office shall notify the applicant well operator as
				provided by Section 8.4.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-10 - Separate Bonds; Blanket Bonds; Financial Responsibility; Registration; Designation of Agent; Transfer of title and operator status; Transfer procedures; Periodical Circular; Hearings; Ineffective Bonds; and Financial Responsibility from Competing Interests

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Separate Bonds -
10.1.1. Each permit application filed after
				the effective date of these regulations shall be accompanied by a separate bond
				with corporate surety or cash, or other collateral security in compliance with
				W.Va. Code § 22B-1-26 and shall be submitted with form OP-7, "Bond for
				Single Oil or Gas Well, Single Liquid Injection Well or Single Waste disposal
				Well", except where (a) a blanket bond is being furnished pursuant to W.Va.
				Code § 22B-1-26(c); or (b) the permit application is for a permit to plug
				a well which is already subject to corporate surety, cash or collateral
				security which satisfied applicable requirements at the time such corporate
				surety, cash or collateral security was furnished.
10.1.2. The demonstration of financial
				responsibility for individual wells after the effective date of these rules
				shall be accompanied by a separate bond with corporate surety or cash or other
				collateral security in the amount of five thousand dollars ($5000) in
				compliance with W. Va Code §§ 22B-1-26, 22B-5-4 and 5 except where a
				blanket bond is being furnished pursuant to W.Va. Code § 22B-1-26(c) and
				shall be submitted with Form OP-7, "Bond for Single Oil and Gas Well, Single
				Liquid Injection Wells, or Single Waste Disposal Wells". Any corporate surety
				bond, cash or collateral security furnished prior to the effective date of
				these rules shall remain in effect for the Office until such time as the well
				operator is issued any new determination of financial responsibility as may be
				required by these rules.
10.1.3. A
				well currently under less than a five thousand dollar bond or for which no bond
				exists for the determination of financial responsibility, shall be transferred
				to an existing or new five thousand dollar bond in compliance with W.Va Code
				§ 22B-1-26, by filing form OP-77.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-11 - Operational Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Casing Not Exclusive - In addition to the casing required by W.Va. Code
				§§ 22B-1-18, 22B-1-19, 22B-1-20 and 22B-1-21, there shall be used in
				each well such material and equipment and there shall be employed such
				additional procedures as are necessary for the purpose of separating high
				pressure zones from low pressure zones, the producing horizons, the water
				bearing strata, and mineable coal zones for the life of the well.
11.2. Multiple Casing Through Coal Seams -
11.2.1. The coal protection casing required
				by W. Va. Code §§ 22B-1-18 through 22B-1-20 to be installed through
				the workable coal seam or seams shall be in addition to the production
				casing.
11.2.2. The coal protection
				casing required by W.Va. code § 22B-1-18 shall have cement circulated in
				the annular space outside said casing. The volume of the cement needed shall be
				calculated by using approved methods to assure the return of the cement to the
				surface. In the event cement does not return to the surface, every reasonable
				attempt will be made to fill the annular space by introducing cement from the
				surface.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-13 - Plugging, Abandonment and Reclamation

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1 Notice and Application to Plug and
				Abandon; Time of Filing -
13.1.1.1. The
				Notice of Intention to Plug and Abandon a Well required by W.Va. Code §
				22B-1-23 shall conform to Section 5.2.4.
13.1.1.2. The well operator shall also submit
				copies of all logs in his possession upon specific request by the Chief
				pursuant to W.Va. Code §
										22B-1-6(c)(10)(ii).
13.1.2. Completed Forms WW4(A) and WW-4(B)
				shall in all cases be filed with the Office and delivered to the coal operator,
				owner or lessee in the manner and within the time, limits set out in
				subsections (a), (b), and (c) of W. Va. Code § 22B-1-23 for "notices"
				referred to therein.
13.1.3. The
				owner or operator of every well presumed to have been abandoned under the
				provisions of W.Va. Code § 22B-1-19 shall file Form WW-4 within sixty (60)
				days after such abandonment, unless the Office waives this requirement for good
				cause shown.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-14 - Plugging Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Materials
				Used in Plugging - The non-porous materials and cements mentioned in W.Va. Code
				§ 22B-1-24 must be specified in the work order portion of Form WW-4CB),
				"Application to Plug and Abandon a Well". All cement, except where expanding
				cement is required, used in conjunction with plugging shall be American
				Petroleum Institute Class A Ordinary Portland cement with no greater than three
				percent (3%) calcium chloride and no other additives. All non-porous materials
				used in conjunction with plugging shall be at least six percent (6%) bentonite
				gel. If the operator furnishes satisfactory proof that different cement or
				non-porous material types are adequate, the chief or his authorized
				representative may approve use of such different cement or non-porous
				materials. Materials and cements must be of a kind and quality accepted by the
				oil and gas industry and approved by the Office as suitable for the intended
				purpose and which otherwise comply with all provisions of law and accepted
				standards. The Chief may approve use of non-standard material or
				cement.
14.2. Cleaning Out and
				Replugging Application; Objections; Order -
14.2.1. Application pursuant to W.Va. Code
				§ 22B-1-24(e) to clean out and replug a previously plugged well, shall be
				made by completed Form WW-4, "Notice of Intention and Application to Plug and
				Abandon a Well", and by the associated comments required by Section 13.1 to
				accompany Form WW-4.
14.2.2.
				Objections to a Form WW-4 application to clean out and replug a well, whether
				by the Office or by any affected person, shall not be made except for violation
				or impending violation of the provisions of W.Va. Code § 22B-1-23 or
				Section 13 or of W.Va.. Code § 22B-1-24. If such an objection is filed or
				made, a hearing date shall be set and notice given by the Office by endorsement
				on the objection, mailed in accordance with W.Va. Code § 22B-1-24(e). The
				endorsement shall indicate the date, time and location of the hearing,
				identifying the well by reference to the API number.
14.2.3. The Office's order permitting or
				rejecting such application shall be endorsed on the Form WW-4 application and
				shall be mailed to the parties indicated in the method provided by W.Va. Code
				§ 22B-1-24(e).
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-15 - Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Annual
				Reports of Oil and Gas Production -
15.1.1. An
				annual report of oil and gas production for each well shall be filed with the
				Chief on or before the succeeding March 31. This report shall be on Form WR-39,
				"Report of Annual Production" or in such form as the Chief may approve. The
				report must identify and state the production from every oil and gas well not
				yet plugged, and abandoned, regardless of the status of the well. The data
				shall be submitted by the well operator . Oil shall be reported in barrels, and
				gas shall be reported in thousand cubic feet.
15.1.2. Measurement of Oil - The volume of
				oil production shall be determined through the standard practices of common
				carriers in the State of West Virginia. The report on volume of oil shall be
				the same volume on which the royalty interest was determined and shall be
				acceptable "pipeline quality."
15.1.3. Measurement of Gas -
15.1.3.1. If a meter has been set for each
				well, the gas production for each well shall be reported, with each well
				identified by API number or, if no API number exists, by the operator's well
				number.
15.1.3.2. If common or
				master meter measurement is in use, the wells subject to common measurement
				shall be identified by API number and production estimated for each such well
				shall be reported .
15.1.3.3. If
				calculated value is in use and no measurement of gas is available for an
				individual well or group of wells the calculated volume of gas production using
				accepted engineering methods shall be reported, and the wells so measured shall
				be identified by API number, and the production estimate for each such well
				shall be reported if such estimates are made.
15.1.4. Failure to submit an annual report of
				oil or gas as required by these regulations, or to provide proof of an existing
				use, or a bona-fide future use under 38 CSR 21-1 et seq. shall constitute a
				rebuttable presumption that the well is abandoned by the operator.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-16 - Reclamation

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Reclamation
				under the Construction and Reclamation Plan -
16.1.1. All proposed reclamation method for
				construction of roads, drilling locations, and pits, if any, or alternative
				overflow prevention facilities, shall be submitted on Form WW-9 with the
				application for any permit required by W.Va. Code §
										22B-1-6,
				except a permit to plug a well. Such proposed reclamation methods shall be
				approved by the Chief or his designate, prior to the issuance of the permit,
				all reclamation shall be done under the supervision of the Chief. The
				reclamation may be altered from that set out in said Form WW-9, if found
				necessary, with the consent of the Chief of his designate, due to topography or
				other conditions not apparent upon initial submission and approval of the
				proposed reclamation methods.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-17 - Preventing Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Equipment
				- All well owners or operators, contractors, drillers, pipeline companies, or
				gas distributing companies producing or transporting oil or gas for any
				purpose, shall use every possible precaution in accordance with accepted and
				approved methods to prevent waste of oil or gas, and to prevent the pollution
				of the waters of the State in drilling and producing operations, or in
				transporting or distributing such products, and shall not wastefully utilize
				oil or gas or allow the same to leak or escape from natural reservoirs, wells
				or pipelines.
17.2. Commercial Well
				Properly Equipped - Whenever oil or natural gas in commercial quantities, in a
				well-defined oil or gas bearing stratum, known to contain oil or natural gas in
				such quantities, is encountered in any well drilled for oil or gas in this
				State, all such strata shall be adequately protected from infiltrating
				waters.
17.3. Protection of High
				Pressure Wells - On all wells where high pressure and large volume can be
				reasonable expected, properly working pressure blowout preventer equipment
				shall be used on the inner string of casing at all times. When the inner string
				of casing has been placed in the well and cemented in, said casing and blow-out
				equipment (both blind and pipe rams, or equivalent) shall be installed and
				tested by operation and pressure to a minimum pressure which is commensurate
				with the objective formation pressure before drilling is continued.
17.4. Preparation for Drilling In - Equipment
				for conserving oil and gas shall be provided before drilling in. In all proved
				or well-defined oil or gas fields or where it can be reasonably expected that
				oil or gas in commercial quantities will be encountered, adequate preparations
				shall be made for the conservation of oil or gas before drilling any
				well.
17.5. Multi-Zone Production -
				So far as it is practical to do so, gas being produced at a high pressure
				should be separated in the well from that being produced at a substantially
				lower pressure by means of casing, tubing, casing heads and packers, in order
				to eliminate the flow of high pressure gas into the low pressure
				sands.
17.6. Drilling Deeper -
				Nothing in this rule shall be construed to prevent or discourage drilling
				deeper in search for oil or gas in any well.