Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Operators shall test each of their idle wells as follows:
(1) Within 24 months of a well becoming an idle well, the operator shall conduct a fluid-level test for all idle wells using acoustical, mechanical, or other reliable methods, or other diagnostic tests approved by the Supervisor to determine whether the fluid is above the base of a USDW. The operator shall repeat testing at least once every 24 months for as long as the well is an idle well, unless the operator demonstrates that the wellbore does not penetrate a USDW, in which case fluid-level testing under this section is not required. If the operator has not demonstrated the location of the base of the USDW, then it shall be presumed that the fluid is above the base of a USDW. After April 1, 2025, the operator shall conduct testing as described in subdivision (a)(2) within 90 days of the first time that a fluid-level test indicates that the fluid level in the well is, or is presumed to be, above the base of a USDW. A well that became an idle well on or before April 1, 2019, is not required to have a fluid-level test under this section until April 1, 2021.
(2) Within 24 months of a well becoming an idle well, the operator shall conduct a casing pressure test from the surface to a depth that is 100 feet measured depth above the uppermost perforation, immediately above the casing shoe of the deepest cemented casing, or immediately above the top of the landed liner, whichever is highest. If the top of the landed liner is 100 feet or more above the cemented casing shoe, then the pressure test shall be to a depth specified by the Division on a case-by-case basis. The pressure test shall be conducted in accordance with the parameters specified in Section 1772.1.1. If for any reason a well cannot be safely and effectively tested as required, then the well shall be deemed to have failed the pressure test. For as long as the well is an idle well, the operator shall conduct subsequent testing of the well as follows:
(A) If the operator conducts a pressure test at 200 psi above surface pressure, then the operator shall repeat testing within 48 months.
(B) If the operator conducts a pressure test at 500 psi above surface pressure, then the operator shall repeat testing within 72 months.
(C) If the operator conducts a pressure test at 1,000 psi above surface pressure, then the operator shall repeat testing within 96 months.
(D) If the operator conducts testing as specified under Section 1772.1.1(b), (c), or (d), then the operator shall repeat testing within 48 months.
(3) Within eight years of a well becoming an idle well, the operator shall perform a clean out tag on the well to determine the ability to reach the current Division-approved depth of the well using either open-ended tubing or a gauge ring demonstrated to the Division to be of the minimum diameter of the tubing necessary to properly plug and abandon the well. The operator shall attempt to reach the Division-approved depth, but shall at least reach 25 feet below the uppermost perforation in the lowermost zone not abandoned under Sections 1723 and 1723.1. The operator shall repeat this testing once every 48 months for as long as the well is an idle well, or at a lesser frequency approved by the Division on a case-by-case basis based on the successful results of previous testing and consideration of the factors described in Section 1772.4. The Division may require more frequent clean outs if known field or geologic conditions indicate risk to the mechanical integrity of the well.
(b) In addition to any other penalty or remedial requirement imposed by the Division, within 12 months of failing to successfully complete testing under subdivisions (a)(2) or (3), or otherwise failing to comply with a requirement of this section, the operator shall do one of the following:
(1) Bring the well into compliance;
(2) Partially plug and abandon the well in accordance with Section 1752;
(3) Plug and abandon the well in accordance with Public Resources Code section 3208; or
(4) Schedule the well for plugging and abandonment under an approved Idle Well Management Plan or an approved Testing Waiver Plan.
(c) Before conducting any test required under this section, the operator shall give the appropriate district office 24 hours' notice, or a shorter notice acceptable to the district office, so that a Division inspector may witness the testing. All testing shall be documented and copies of test results shall be submitted to the Division in a digital format within 60 days of the date the test is conducted, except that when fluid-level testing indicates that fluid is, or is presumed to be, above the base of a USDW test results shall be submitted within 30 days.
(d) Subject to approval by the Division, the requirements of this section and Section 1772.1.2 do not apply to an idle well if the operator has made a diligent effort to locate and access the well, and the documentation of those efforts demonstrates that it is infeasible to physically access the well.
(1) Within one year of the Division approving an operator's demonstration that a well is inaccessible, the operator shall submit a plan for the Division's review and approval to ensure that any hazards posed by the well are identified and addressed so as to prevent damage to life, health, property, and natural resources. The plan shall at a minimum address all of the following:
(A) Ongoing monitoring of the inaccessible well by such methods as periodic gas monitoring at the surface, monitoring of other wells in proximity, and groundwater monitoring;
(B) Response to any indication that the inaccessible well is discharging reservoir fluids to the surface or otherwise posing a threat;
(C) Planning and commitment to plug and abandon the well in accordance with Public Resource Code section 3208 as soon as possible should it ever become accessible; and
(D) Periodic reporting to the Division on the implementation of the plan.
(2) If the Division identifies any deficiencies in the plan submitted by the operator, then the Division will consult with the operator and identify an appropriate timeframe for correcting the deficiency.
(3) It is a violation of this subdivision if the operator fails to submit a plan under subdivision (d)(1) in a timely manner, fails to address deficiencies with the plan within the timeframe established under subdivision (d)(2), or fails to comply with the plan as approved by the Division. If the operator violates subdivision (d), then the Division will determine whether to discontinue the waiver from compliance with the other requirements of this section and Section 1772.1.2 based upon consideration of the extent of the operator's noncompliance with subdivision (d) and whether continuing the waiver will further the goal of ensuring that any hazards posed by the idle well are identified and addressed so as to prevent damage to life, health, property, and natural resources.
(e) If the operator demonstrates to the Division's satisfaction that no part of the wellbore is within one-half mile of a USDW, then for purposes of this section the well shall not be deemed an idle well until it has met the definition of "idle well" in Public Resources Code section 3008 for an additional two years.
1. New section filed 3-20-2019; operative 4-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 12).
Note: Authority cited: Section 3013, Public Resources Code. Reference: Sections 3106 and 3206.1, Public Resources Code.
