Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 24 - Class VI Injection Wells and Facilities Underground Injection Control Program › Section 24-9 - Permit Conditions

Current through July 13, 2024
(a) Permit
				conditions shall be incorporated either expressly or by reference. If
				incorporated by reference, a specific citation to the incorporated conditions
				shall be given in the permit.
(b)
				All permits issued under this Chapter shall contain the following conditions:
(i) A requirement that the permittee complies
				with all conditions of the permit, and a statement that any permit
				noncompliance constitutes a violation of these regulations and is grounds for
				enforcement action, permit termination, revocation and reissuance, or
				modification, or for denial of a permit renewal application;
(ii) A stipulation that 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;
(iii) A requirement that the permittee shall
				take all reasonable steps to minimize or correct any adverse impact on the
				environment resulting from noncompliance with this permit;
(iv) A requirement that the permittee
				properly operates and maintains all facilities and systems of treatment and
				control, and related appurtenances, that are installed or used by the permittee
				to achieve compliance with the conditions of this permit. Proper operation and
				maintenance includes effective performance, adequate funding and operator
				staffing and training, and adequate laboratory and process controls including
				appropriate quality assurance procedures. This provision requires the operation
				of back-up or auxiliary facilities or similar systems only when necessary to
				achieve compliance with the conditions of the permit;
(v) A stipulation that the filing of a
				request by the permittee, or at the instigation of the Administrator, for a
				permit modification, revocation, termination, or notification of planned
				changes or anticipated non-compliance, shall not stay any permit
				condition;
(vi) A stipulation that
				the permit does not convey any property rights of any sort, or any exclusive
				privilege;
(vii) A stipulation that
				the permittee shall furnish to the Administrator, within a specified time, any
				information that the Administrator requests to determine whether cause exists
				for modifying, revoking and reissuing, or terminating the permit, or to
				determine compliance with the permit. The permittee shall also furnish to the
				Administrator, upon request, copies of records required to be kept by the
				permit;
(viii) A requirement that
				the permittee shall allow the Administrator, or an authorized representative of
				the Administrator, upon the presentation of credentials, during normal working
				hours, to enter the premises where a regulated facility is located, or where
				records are kept under the conditions of this permit, and:
(A) Inspect the discharge and related
				facilities, practices, or operations regulated or required under this
				permit;
(B) Review and copy reports
				and records required by the permit;
(C) Collect fluid samples for analysis for
				the purposes of ensuring permit compliance or as otherwise authorized by the
				Wyoming Environmental Quality Act of any substances or parameters at any
				location;
(D) Measure and record
				water levels;
(E) Collect resource
				data as defined by W.S. §
											
												6-3-414; and
(F) Perform any other function authorized by
				law or regulation.
(ix)
				A requirement that:
(A) If the facility is
				located on property not owned by the permittee, the permittee shall also secure
				from the landowner upon whose property the facility is located permission for
				Department personnel and their invitees to enter the premises where the
				facility is located, or where records are kept under the conditions of this
				permit, and collect resource data as defined by W.S. §
											
												6-3-414, inspect and photograph the facility,
				collect samples for analysis, review records, and perform any other function
				authorized by law or regulation. The permittee shall secure and maintain such
				access for the duration of the permit and the post-injection site care and site
				closure period; and
(B) If the
				facility cannot be directly accessed using public roads, the permittee shall
				also secure permission for Department personnel and their invitees to enter and
				cross all properties necessary to access the facility. The permittee shall
				secure and maintain such access for the duration of the permit and the
				post-injection site care and site closure period;
(x) A requirement that the permittee
				furnishes any information necessary to establish a testing and monitoring
				pursuant to Section
				20 of this Chapter. Conditions shall
				specify:
(A) Required monitoring including
				type, intervals, and frequency sufficient to yield data that are representative
				of the monitored activity including when appropriate, continuous
				monitoring;
(B) Requirements
				concerning the proper use, maintenance, and installation, of monitoring
				equipment or methods, including biological monitoring methods; and
(C) Reporting and notice requirements based
				upon the impact of the regulated activity and as specified in Section 22 of
				this Chapter. Reporting shall be no less frequent than specified in Section 22
				of this Chapter;
(xi) A
				requirement that all samples and measurements taken for the purpose of
				monitoring shall be representative of the monitored activity and that records
				of all monitoring information be retained by the permittee;
(xii) A requirement that all applications,
				reports, and other information submitted to the Administrator contain the
				certifications required in Section
				10(d) of this Chapter by
				a responsible corporate officer;
(A) A
				responsible corporate officer, as defined in Section
				2(mm) of this Chapter, may
				authorize an individual or a position that does not meet the requirements of
				subparagraphs (i), (ii), (iii), or (iv) of Section
				2(mm) to act as a "duly
				authorized representative." To authorize a duly authorized representative:
(I) A person who meets the requirements of
				subparagraph (i), (ii), (iii), or (iv) of Section
				2(mm) shall authorize the
				duly authorized representative in writing;
(II) The authorization shall specify an
				individual or a position having responsibility for the overall operation of the
				regulated facility or activity, such as the position of plant manager, operator
				of a well or a well field, superintendent, or position of equivalent
				responsibility; and
(III) The
				responsible corporate officer shall submit the written authorization to the
				Administrator.
(B) If an
				authorization under subparagraph (A) of this subparagraph is no longer accurate
				because a different individual or position has responsibility for the overall
				operation of the facility, the responsible corporate official shall notify the
				Administrator that the authorization is no longer accurate or shall submit to
				the Administrator a new authorization satisfying the requirements of
				subparagraph (A) of this subparagraph prior to or together with any reports, or
				information to be signed by a duly authorized representative.
(xiii) A requirement that the
				permittee give advance notice to the Administrator as soon as possible of any
				planned physical alteration or additions, other than authorized operation and
				maintenance, to the permitted facility and receive authorization from the
				Administrator prior to implementing the proposed alteration or
				addition;
(xiv) A requirement that
				any modification that may result in a violation of a permit condition shall be
				reported to the Administrator, and any modification that will result in a
				violation of a permit condition shall be reported to the Administrator through
				the submission of a new or amended permit application;
(xv) A requirement that any transfer of a
				permit shall first be approved by the Director, and that no transfer will be
				approved if the facility is not in compliance with the existing permit unless
				the proposed permittee agrees to bring the facility into compliance;
(xvi) A requirement that monitoring results
				shall be reported at the intervals specified in the permit;
(xvii) A requirement that reports of
				compliance or non compliance, or any progress reports on interim and final
				requirements contained in any compliance schedule (if one is required by the
				Administrator) shall be submitted no later than thirty (30) days following each
				schedule date;
(xviii) The
				following reporting and mitigation requirements:
(A) If any monitoring or other information
				indicates that any contaminant, the injected carbon dioxide stream, displaced
				formation fluids, or associated pressure front may endanger a USDW or threaten
				human health, safety, or the environment, the permittee shall:
(I) Immediately cease injection;
(II) Take all steps reasonably necessary to
				identify and characterize any release;
(III) Orally notify the Administrator within
				twenty-four (24) hours of discovering the condition; and
(IV) Provide a written report to the
				Administrator within five (5) days of discovering the condition. The written
				report shall contain:
(1.) A description of
				the endangerment and its cause;
(2.) The period of endangerment, including
				exact dates and times, and, if the endangerment has not been controlled, the
				anticipated time it is expected to continue; and
(3.) The steps taken or planned to reduce,
				eliminate, and prevent reoccurrence of the endangerment;
(B) If the permittee discovers any
				noncompliance with a permit condition or a requirement of this Chapter that may
				cause fluid migration into or between USDWs, any malfunction of the injection
				system that may cause fluid migration into or between USDWs, or any excursion,
				the permittee shall:
(I) Orally notify the
				Administrator within twenty-four (24) hours of discovering the
				condition;
(II) Provide a written
				report to the Administrator within five (5) days of discovering the condition,
				which shall contain:
(1.) A description of the
				noncompliance, malfunction, or excursion and its cause;
(2.) The period of noncompliance,
				malfunction, or excursion, including exact dates and times, and, if the
				noncompliance, malfunction, or excursion has not been controlled, the
				anticipated time it is expected to continue; and
(3.) The steps taken or planned to reduce,
				eliminate, and prevent reoccurrence of the noncompliance, malfunction, or
				excursion.
(III) If an
				excursion is discovered, provide written notice to all surface owners, mineral
				claimants, mineral owners, lessees, and other owners of record of subsurface
				interests within thirty (30) days of discovering the excursion; and
(IV) Implement the emergency and remedial
				response plan approved by the Administrator;
(xix) A requirement that the permittee report
				all instances of noncompliance not already required to be reported under
				subparagraph (b)(xix)(B) of this Section, at the time monitoring reports are
				submitted. The reports shall contain the information listed in subparagraph
				(b)(xix)(B)(II) of this Section;
(xx) A requirement that if the permittee
				becomes aware that it failed to submit any relevant facts in a permit
				application, or submitted incorrect information in a permit application or in
				any report to the Administrator, the permittee shall promptly submit such facts
				or information;
(xxi) A requirement
				that the injection facility meet construction requirements outlined in Section
				14 of this Chapter, that the permittee
				submit a notice of completion of construction to the Administrator, and that
				the permittee allows the Administrator to inspect the facility upon completion
				of construction and prior to commencing any underground injection
				activity;
(xxii) A requirement that
				the permittee notifies the Administrator before conversion or abandonment of
				the facility. Conversion refers to converting a Class VI well to a Class I, II
				or V well. The permittee shall apply for a permit for Class I and V as
				specified in WQR Chapter 27 or Class II through the Wyoming Oil and Gas
				Conservation Commission. Upon receipt of the Class I, II or V permit, the
				permittee shall request the permit be terminated as outlined in Section
				4(d);
(xxiii) A requirement that injection shall
				not commence until construction is complete, and that construction is complete
				when:
(A) The permittee has submitted a notice
				of completion of construction to the Administrator; and
(B) The Administrator has inspected or
				reviewed the injection well and found it is in compliance with the conditions
				of the permit;
(I) Within thirteen (13) days
				of the date of the notice in subparagraph (xxii) of this paragraph, the
				Administrator shall provide notice to the permittee of the intent to inspect or
				review the injection well. The notice shall include a reasonable time period in
				which the Administrator shall inspect or review the well; but
(II) If the Administrator does not provide
				the notice required by subparagraph (I) of this subparagraph, the requirement
				for prior inspection or review is waived, and the permittee may commence
				injection;
(xxiv) A requirement that the permittee shall
				establish mechanical integrity prior to commencing injection or on a schedule
				determined by the Administrator and that thereafter, the permittee shall
				maintain mechanical integrity as defined in Section
				19 of this Chapter;
(xxv) A requirement that if the Administrator
				determines that a Class VI well lacks mechanical integrity and gives written
				notice of the determination to the permittee, the permittee shall:
(A) Cease injection into the well within
				forty-eight (48) hours of receipt of the Administrator's determination unless
				the Administrator requires immediate cessation;
(B) Perform any construction, operation,
				monitoring, reporting, and corrective action that the Administrator requires to
				prevent the movement of fluid into or between USDWs caused by the lack of
				mechanical integrity, or plug the well pursuant to the requirements of Section
				23 of this Chapter if allowed by the Administrator; and
(C) Not resume injection into the well until
				the Administrator provides written notice that the permittee has demonstrated
				mechanical integrity pursuant to Section
				19 of this Chapter.
(xxvi) A requirement that, for any Class VI
				well that lacks mechanical integrity, injection operations are prohibited until
				the permittee shows to the satisfaction of the Administrator under Section
				19 of this Chapter that the well has
				mechanical integrity;
(xxvii) A
				requirement that the permittee comply with a well-plugging plan that meets the
				requirements of Section 23 of this Chapter, which shall be incorporated into
				the permit; and
(xxviii) Conditions
				that implement the requirements of Section
				14 of this Chapter. The conditions shall:
(A) Require all wells to achieve compliance
				with the requirements of Section
				14 of this Chapter according to a
				compliance schedule established as a permit condition;
(B) Prohibit construction from commencing
				until a permit has been issued containing construction requirements;
(C) Require that all wells comply with the
				construction requirements of Section
				14 of this Chapter prior to commencing
				injection operations. Changes in construction plans during construction may be
				approved by the Administrator as minor modifications. No such changes may be
				physically incorporated into construction of the well prior to approval of the
				modification by the Administrator.
(D) Include a corrective action plan as set
				forth in Section
				13 of this Chapter;
(E) Require that all wells comply with the
				operational requirements of Section
				14 of this Chapter;
(F) Establish any maximum injection volumes
				and pressures necessary to ensure that fractures are not initiated in the
				confining zone, to ensure that injected fluids do not migrate into any
				underground source of drinking water, to ensure that formation fluids are not
				displaced into any underground source of drinking water, and to ensure
				compliance with the operating requirements;
(G) Establish monitoring and reporting
				requirements set forth in Sections
				20 and 22 of this Chapter. The permittee
				shall be required to identify types of tests and methods used to generate the
				monitoring data; and
(H) Require
				the permittee to comply with the financial responsibility requirements set
				forth in Section 26 of this Chapter.