Current through Register Vol. 39, No. 6, September 16, 2024
(a) A permit
shall be obtained from the Director prior to constructing, operating, or using
an Aquifer Storage and Recovery Well. "Aquifer Storage and Recovery Well" means
a well that is used to inject potable water for the purposes of subsurface
storage and for later recovery of the injected water.
(b) Permit Applications. In addition to the
permit requirements set forth in Rule .0211 of this Section, an application
shall be submitted, in duplicate, to the Director on forms furnished by the
Director and shall include the following:
(1)
A site description that includes:
(A) the name
of the well owner or person otherwise legally responsible for the injection
well, his or her mailing address and telephone number, and whether the owner is
a federal, state, private, public, or other entity;
(B) the name of the property owner, if
different from the well owner, and his or her physical address, mailing
address, and telephone number;
(C)
the name, mailing address, telephone number, and geographic coordinates of the
facility for which the application is submitted; and
(D) a list of all other injection permits
associated with the subject facility.
(2) Project Description. A description of
what problem the project is intended to solve or what objective the project is
intended to achieve and shall include the following:
(A) the history and scope of the problem or
objective;
(B) what is currently
being done to solve the problem or achieve the objective;
(C) why existing practices are insufficient
to solve the problem or achieve the objective;
(D) what other alternatives were considered
to solve the problem or achieve the objective; and
(E) how this option was determined to be the
most effective or desirable to solve the problem or achieve the
objective.
(3)
Demonstration of Financial Responsibility as required in Rule .0208 of this
Section.
(4) Injection Zone
Determination. The applicant shall specify the horizontal and vertical portion
of the injection zone within which the proposed injection activity will occur
based on the hydraulic properties of that portion of the injection zone
specified. No violation of groundwater quality standards specified in
Subchapter 02L resulting from the injection shall occur outside the specified
portion of the injection zone, as detected by a monitoring plan approved by the
Director.
(5) Hydrogeologic
Evaluation. If required by G.S. 89E, G.S. 89C, or G.S. 89F, a licensed
geologist, professional engineer, or licensed soil scientist shall prepare a
hydrogeologic evaluation of the facility to a depth that includes the injection
zone determined in accordance with Subparagraph (4) of this Paragraph. A
description of the hydrogeologic evaluation shall include all of the following:
(A) regional and local geology and
hydrogeology;
(B) changes in
lithology underlying the facility;
(C) depth to the mean seasonal high water
table;
(D) hydraulic conductivity,
transmissivity, and storativity of the injection zone based on tests of
site-specific material, including a description of the tests used to determine
these parameters;
(E) rate and
direction of groundwater flow as determined by predictive calculations or
computer modeling; and
(F)
lithostratigraphic and hydrostratigraphic logs of test and injection
wells.
(6) Area of
Review. The area of review shall be calculated using the procedure for
determining the zone of endangering influence specified in
40 CFR
146.6(a), which is hereby
incorporated by reference, including subsequent amendments and editions, and
can be obtained electronically from the website of the Federal Register at
https://www.ecfr.gov/cgi-bin/ECFR.
The applicant shall identify all wells within the area of review that penetrate
the injection or confining zone and repair or permanently abandon all wells
that are improperly constructed or abandoned.
(7) Analyses of the injection zones
including:
(A) test results of the native
groundwater and the proposed recharge water for the parameters listed in
Subparagraph (h)(4) of this Rule;
(B) geochemical analyses of representative
samples of the aquifer matrix to determine the type and quantity of reactive
minerals; and
(C) evaluation of the
chemical compatibility of the native groundwater, injected water, and the
aquifer matrix using site-specific geochemical data and hydraulic properties of
the injection zones, and the results of any geochemical or hydrogeologic
modeling. The chemical compatibility evaluation shall identify potential
changes in groundwater quality resulting from the injection activities within
the area of review specified in Subparagraph (6) of this Paragraph.
(8) Injection Procedure. The
applicant shall submit a description of the proposed injection procedure that
includes the following:
(A) the proposed
average and maximum daily rate and quantity of injectant;
(B) the average maximum injection pressure
expressed in units of pounds per square inch (psi);
(C) calculation of fracture pressures of
confining units expressed in units of psi; and
(D) the total or estimated volume to be
injected.
(9) Injection
well construction details including:
(A) the
number and depth of injection wells;
(B) an indication of whether the injection
wells are existing or proposed;
(C)
the depth and type of casing;
(D)
the depth and type of screen material;
(E) the depth and type of grout;
and
(F) the plans and
specifications of the surface and subsurface construction of each injection
well or well system.
(10) Monitoring Wells. Monitoring wells shall
be located so as to detect any movement of injection fluids, process
byproducts, or formation fluids outside the injection zone as determined by the
applicant in accordance with Subparagraph (4) of this Paragraph. The monitoring
schedule shall be consistent with the proposed injection schedule, pace of the
anticipated reactions, and rate of transport of the injected fluid. The
applicant shall submit a monitoring plan that includes the following:
(A) a list of monitoring parameters and
analytical methods to be used;
(B)
other parameters that may serve to indicate the progress of the intended
reactions;
(C) a list of existing
and proposed monitoring wells to be used; and
(D) a sampling schedule for monitoring the
proposed injection.
(11)
Well Data Tabulation. A tabulation of data on all existing or abandoned wells
within the area of review of the injection wells that penetrate the proposed
injection zone, including water supply wells, monitoring wells, and wells
proposed for use as injection or monitoring wells. The data shall include a
description of each well's type, depth, and record of abandonment or
completion.
(12) Plan of Action. A
proposed plan of action to be taken if the proposed injection operation causes
fracturing of confining units, results in adverse geochemical reactions, or
otherwise threatens groundwater quality.
(13) Maps and Cross-Sections. Scaled,
site-specific site plans or maps depicting the location, orientation, and
relationship of facility components including the following:
(A) area map based on the most recent USGS
7.5' topographic map of the area, at a scale of 1:24,000, and showing the
location of the proposed injection site;
(B) topographic contour intervals showing all
facility related structures, property boundaries, streams, springs, lakes,
ponds, and other surface drainage features;
(C) all existing or abandoned wells within
the area of review of the injection wells listed in the tabulation required in
Subparagraph (11) of this Paragraph that penetrate the proposed injection zone,
including water supply wells, monitoring wells, and wells proposed for use as
injection wells;
(D) potentiometric
surface maps of each hydrostratigraphic unit in the injection zone(s) that show
the direction of groundwater movement, and all existing and proposed
wells;
(E) cross-sections that show
the horizontal and vertical extent of the injection zones, lithostratigraphic
units, hydrostratigraphic units, and all existing and proposed wells, complete
with casing and screen intervals; and
(F) all existing sources of potential or
known groundwater contamination, including waste storage, treatment, or
disposal systems within the area of review of the injection well or well
system.
(14) Any other
information necessary for the Director to ensure compliance with
G.S.
87-84.
(c) Injection Volumes. The Director may
establish maximum injection volumes and pressures necessary to assure that:
(1) fractures are not initiated in the
confining zones;
(2) injected
fluids do not migrate outside the injection zone or area;
(3) injected fluids do not cause or
contribute to the migration of contamination into uncontaminated areas;
and
(4) there is compliance with
operating requirements.
(d) Injection.
(1) Injection may not commence until
construction is complete, the permittee has submitted notice of completion of
construction to the Director, and the Director has inspected or reviewed the
injection well and finds it in compliance with the permit conditions. If the
permittee has not received notice from the Director of intent to inspect or
otherwise review the injection well within 10 days after the Director receives
the notice, the permittee may commence injection.
(2) Prior to granting approval for the
operation, the Director shall consider the following information:
(A) all available logging and testing data on
the well;
(B) a demonstration of
mechanical integrity pursuant to Rule .0207 of this Section;
(C) the proposed operating
procedures;
(D) the results of the
formation testing program; and
(E)
the status of corrective action on defective wells in the area of
review.
(e)
Well Construction.
(1) Wells shall not be
located:
(A) where surface water or runoff
will accumulate around the well due to depressions, drainage ways, or other
landscapes that will concentrate water around the well;
(B) if a person would be required to enter
confined spaces to perform sampling and inspection activities; or
(C) if injectants or formation fluids would
migrate outside the approved injection zone as determined by the applicant in
accordance with Subparagraph (b)(4) of this Rule.
(2) The methods and materials used in
construction shall not threaten the physical or mechanical integrity of the
well during its lifetime and shall be compatible with the proposed injection
activities.
(3) The well shall be
constructed in such a manner that surface water or contaminants from the land
surface cannot migrate along the borehole annulus either during or after
construction.
(4) The borehole
shall not penetrate to a depth greater than the depth at which injection will
occur unless the purpose of the borehole is the investigation of the
geophysical and geochemical characteristics of an aquifer. Following completion
of the investigation, the borehole beneath the zone of injection shall be
completely grouted to prevent the migration of any contaminants.
(5) Drilling fluids and additives shall
contain only potable water and may be comprised of one or more of the
following:
(A) the formation material
encountered during drilling;
(B)
materials manufactured specifically for the purpose of borehole conditioning or
well construction; or
(C) materials
approved by the Director, based on a demonstration of not adversely affecting
human health or groundwater quality.
(6) Only grouts listed under Rule .0107 of
this Subchapter shall be used with the exception that bentonite grout shall not
be used:
(A) to seal zones of water with a
chloride concentration of 1,500 milligrams per liter or greater as determined
by tests conducted at the time of construction; or
(B) in areas of the State subject to
saltwater intrusion that may expose the grout to water with a chloride
concentration of 1,500 milligrams per liter or greater at any time during the
life of the well.
(7)
The annular space between the borehole and casing shall be grouted:
(A) with a grout that is non-reactive with
the casing or screen materials, the formation, or the injectant;
(B) from land surface to the top of the
gravel pack and in such a way that there is no interconnection of aquifers or
zones having differences in water quality that would result in degradation of
groundwater quality in any aquifer or zone; and
(C) so that the grout extends outward from
the casing wall to a thickness equal to either one-third of the diameter of the
outside dimension of the casing or two inches, whichever is greater; but in no
case shall a well be required to have an annular grout seal thickness greater
than four inches.
(8)
Grout shall be emplaced around the casing by one of the following methods:
(A) Pressure. Grout shall be pumped or forced
under pressure through the bottom of the casing until it fills the annular
space around the casing and overflows at the surface;
(B) Pumping. Grout shall be pumped into place
through a hose or pipe extended to the bottom of the annular space that can be
raised as the grout is applied. The grout hose or pipe shall remain submerged
in grout during the entire application; or
(C) Other. Grout may be emplaced in the
annular space by gravity flow to ensure complete filling of the space. Gravity
flow shall not be used if water or any visible obstruction is present in the
annular space at the time of grouting.
(9) All grout mixtures shall be prepared
prior to emplacement per the manufacturer's directions with the exception that
bentonite chips or pellets may be emplaced by gravity flow if water is present
or the chips or pellets are otherwise hydrated in place.
(10) If an outer casing is installed, it
shall be grouted by either the pumping or pressure method.
(11) The well shall be grouted within seven
days after the casing is set or before the drilling equipment leaves the site,
whichever occurs first. If the well penetrates any water-bearing zone that
contains saline water, the well shall be grouted within one day after the
casing is set.
(12) No additives
that will accelerate the process of hydration shall be used in grout for
thermoplastic well casing.
(13) A
casing shall be installed that extends from at least 12 inches above land
surface to the top of the injection zone.
(14) Wells with casing extending less than 12
inches above land surface shall be approved by the Director only when one of
the following conditions is met:
(A) site
specific conditions directly related to business activities, such as vehicle
traffic, would endanger the physical integrity of the well; or
(B) it is not operationally feasible for the
well head to be completed 12 inches above land surface due to the engineering
design requirements of the system.
(15) Multi-screened wells shall not connect
aquifers or zones having differences in water quality that would result in a
degradation of groundwater quality in any aquifer or zone.
(16) Prior to removing the equipment from the
site, the top of the casing shall be sealed with a water-tight cap or well
seal, as defined in
G.S.
87-85, to preclude contaminants from entering
the well.
(17) Packing materials
for gravel-and sand-packed wells shall be:
(A)
composed of quartz, granite, or other hard, non-reactive rock
material;
(B) of uniform size,
water-washed and free from clay, silt, and toxic materials;
(C) disinfected prior to subsurface
emplacement;
(D) emplaced such that
it will not connect aquifers or zones having differences in water quality that
would result in the deterioration of groundwater quality in any aquifer or
zone;
(E) evenly distributed around
the screen and shall extend to a depth at least one foot above the top of the
screen. A one-foot or greater thick seal, comprised of bentonite clay, shall be
emplaced directly above and in contact with the packing material.
(18) Each injection well shall
have a well identification plate that meets the criteria specified in Rule
.0107 of this Subchapter.
(19) A
hose bibb, sampling tap, or other collection equipment shall be installed on
the line entering the injection well such that a sample of the injectant can be
obtained prior to its entering the injection well.
(20) If applicable, all piping, wiring, and
vents shall enter the well through the top of the casing unless it is based on
a design demonstrated to preclude surficial contaminants from entering the
well.
(21) The well head shall be
completed in such a manner as to preclude surficial contaminants from entering
the well, and well head protection shall include:
(A) an accessible external sanitary seal
installed around the casing and grouting; and
(B) a water-tight cap or seal compatible with
the casing and installed so that it cannot be removed without the use of hand
or power tools.
(f) Testing.
(1) Well logs and other tests conducted
during the drilling and construction of the wells shall be submitted to the
Director after completion of well construction. A descriptive report
interpreting the results of such logs and tests shall be prepared by a log
analyst and submitted to the Director after completion of the tests. The
accuracy and usefulness of the logs and tests shall be determined by the
Director based on the intended function, depth, construction, and other
characteristics of the well, and availability of similar data in the area of
the drilling site. Such logs and tests shall include:
(A) lithostratigraphic logs of the entire
borehole;
(B) hydrosratigraphic
logs of the entire borehole; and
(C) deviation checks conducted on all holes
where pilot holes and reaming are used at sufficiently frequent intervals to
assure that vertical avenues for fluid migration through diverging holes are
not created during drilling.
(2) When the injection zone is a
water-bearing formation, the following information concerning the injection
zone as determined by the applicant in accordance with Subparagraph (b)(4) of
this Rule shall be submitted to the Director:
(A) fluid pressure;
(B) fluid temperature;
(C) fracture pressure;
(D) other physical and chemical
characteristics of the injection zone;
(E) physical and chemical characteristics of
the formation fluids; and
(F)
compatibility of injected fluids with formation fluids.
(3) When the injection formation is not a
water bearing formation, only the fracture pressure and other physical and
chemical characteristics of the injection zone shall be determined or
calculated and submitted to the Director after completion of the
determinations.
(4) Tests for
mechanical integrity shall be conducted prior to operation and every 10 years
thereafter in accordance with Rule .0207 of this Section. The Director may
require more frequent mechanical integrity testing as set out in Rule .0207 of
this Section.
(g)
Operation and Maintenance.
(1) Pressure at the
well head shall be limited to a maximum that will ensure that the pressure in
the injection zone does not initiate new fractures or propagate existing
fractures in the injection zone, initiate fractures in the confining zone, or
cause the migration of injected or formation fluids outside the injection zone
or area.
(2) There shall be no
injection between the outermost casing and the well borehole.
(3) Monitoring of the operating processes at
the well head and protection against damage of the well head during
construction and use shall be provided for by the well owner.
(h) Monitoring.
(1) Monitoring of the groundwater quality by
the permittee shall be required by the Director to demonstrate protection of
the groundwaters of the State.
(2)
In determining the type, density, frequency, and scope of monitoring, the
Director shall consider the following:
(A)
physical and chemical characteristics of the injection zone;
(B) physical and chemical characteristics of
the injected fluids;
(C) volume and
rate of discharge of the injected fluids;
(D) compatibility of the injected fluids with
the formation fluids;
(E) the
number, type, and location of all wells, mines, surface bodies of water, and
structures within the area of review;
(F) proposed injection procedures;
(G) expected changes in pressure, formation
fluid displacement, and direction of movement of injected fluid;
(H) proposals of corrective action to be
taken in the event of a failure in any phase of injection operations that
renders the groundwaters unsuitable for their best intended usage as defined in
Rule .0204 of this Section; and
(I)
the life expectancy of the injection operations.
(3) Samples and measurements taken for the
purpose of monitoring shall be representative of the monitored
activity.
(4) The following
analytical parameters shall be included:
(A)
disinfectants and disinfection byproducts;
(B) radium, radionuclides, and gross alpha
radiation;
(C) Reduction Potential
(Eh), pH, Total Dissolved Solids (TDS), Biological Oxygen Demand (BOD), Total
Oxygen Demand (TOD), Chemical Oxygen Demand (COD), temperature, conductivity,
and dissolved oxygen;
(D) coliform,
Escherichia coli (E. Coli), Giardia, and Cryptosporidium;
(E) parameters based on the source water,
injection zone formation materials, native groundwater, and any other
parameters necessary for the Department to ensure compliance with
G.S.
87-84; and
(F) other parameters for which National
Primary and Secondary Drinking Water Standards have been established.
(5) Analysis of the physical,
chemical, biological, or radiological characteristics of the injected fluid
shall be made monthly or more frequently, as necessary in order to provide
representative data for characterization of the injectant.
(6) Continuous recording devices to monitor
the injection pressure, flow, rate, and volume of injected fluid shall be
installed.
(7) Monitoring wells
associated with the injection site shall be monitored quarterly or on a
schedule determined by the Director to detect any migration of injected fluids
from the injection zone to ensure compliance with
G.S.
87-84.
(8) Monitoring wells completed in the
injection zone and adjacent to the injection zone may be affected by the
injection operations. If affected, the Director may require additional monitor
wells be installed outside the injection zone to detect any movement of
injection fluids, process byproducts, or formation fluids outside the injection
zone as determined by the applicant in accordance with Subparagraph (b)(4) of
this Rule. If the operation is affected by subsidence or catastrophic collapse,
additional monitoring wells shall be located so that they will not be
physically affected and shall be of an adequate number to detect movement of
injected fluids, process byproducts, or formation fluids outside the injection
zone or area. In determining the number, location, and spacing of monitoring
wells, the following criteria shall be considered by the Director:
(A) the population relying on the groundwater
resource affected, or potentially affected, by the injection
operation;
(B) the proximity of the
injection operation to points of withdrawal of groundwater;
(C) the local geology and
hydrology;
(D) the operating
pressures;
(E) the chemical
characteristics and volume of the injected fluid, formation water, and process
by products; and
(F) the number of
existing injection wells.
(i) Reporting.
(1) A record of the construction,
abandonment, or repairs of the injection well shall be submitted to the
Director within 30 days of completion of the specified activities.
(2) All sampling results shall be reported to
the Division quarterly or at another frequency determined by the Director based
on the reaction rates, injection rates, likelihood of secondary impacts, and
site-specific hydrogeologic information.
(3) The results of each test required in
Paragraph (f) of this Rule shall be submitted to the Director within 30 days of
the completion of the test.
(j) Public Notice. Public notice of intent to
issue permits for applications submitted pursuant to this Rule shall be given
prior to permit issuance.
(1) Such notice
shall:
(A) be posted on the Division website
and given in press releases via media outlets having coverage within the area
of review;
(B) provide 30 days for
public comments to be submitted to the Director; and
(C) include a description of details of the
project, such as the permit applicant; the location, number, and depth of
injection wells; and the injectant type, source, and volume.
(2) After the public comment
period has ended the Director shall:
(A)
consider the comments submitted and determine if a public hearing is
warranted;
(B) determine if the
draft permit shall be issued, modified, or denied; and
(C) post notice on the Division website as of
the final permitting action, which shall include the issued permit or the
reason for denial if the permit was denied.
(3) In determining if a public hearing is
warranted, the Director's consideration shall include the following:
(A) requests by property owners within the
area of review;
(B) potential harm
to the public by not having a public hearing;
(C) potential harm to the applicant due to
the delay in having a public hearing; and
(D) the likelihood of obtaining new
information regarding the proposed injection.
Authority
G.S.
87-87;
87-88;
87-90;
87-94;
87-95;
143-211;
143-214.2(b);
143-215.1A;
143-215.3(a)(1);
143-215.3(c);
Eff. May 1, 2012;
Readopted Eff. September 1,
2019.