Current through Register Vol. 48, No. 9, September 27, 2024
A. A permit shall
be obtained from the Department prior to constructing, operating, or using any
Class II, III, IV(2)(a) or V. A. well for injection.
B. All permit applications shall be signed as
follows:
(1) For a corporation: by a principal
executive officer of at least the level of vice-president;
(2) For a partnership or sole proprietorship:
by a general partner or the proprietor, respectively; or,
(3) For a municipality, state, federal or
other public agency: by either a principal executive officer or ranking elected
official.
C. The person
signing the application certifies the well will be operated in accordance with
approved specifications and conditions of the permit.
D. All reports required by permits, other
information requested by the Department, and all permit applications submitted
for Class II wells under the UIC program shall be signed by a person described
in paragraph B of this section, or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a
person described in paragraph B. of this section;
(2) The authorization specifies either an
individual or a position having responsibility for the overall operation of the
regulated facility or activity, such as the position of plant manager, operator
of a well or a well field, superintendent, or position of equivalent
responsibility. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.);
(3) The written authorization is submitted to
the Department.
E. If an
authorization under D. of this section is no longer accurate because a
different individual or position has responsibility for the overall operation
of the facility, a new authorization satisfying the requirements of D. of this
section must be submitted to the Department prior to or together with any
reports, information, or applications to be signed by an authorized
representative.
F. Any person
signing a document under paragraphs B., D., or E. of this section shall make
the following certification:
"I certify under penalty of law that I have personally examined
and am familiar with the information submitted in this document and all
attachments and that, based on my inquiry of those individuals immediately
responsible for obtaining the information, I believe that the information is
true, accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and
imprisonment."
G. An
application shall be submitted in triplicate to the Department on forms
furnished by the Department and shall include the following:
(1) Class II and III Wells;
(a) The activities conducted by the applicant
which require it to obtain a permit.
(b) Name, mailing address, and location of
the facility for which the application is submitted.
(c) Up to four Standard Industrial Codes
which best reflect the principal products or services provided by the
facility.
(d) The owner's and (if
different than the owner) operator's name, address, telephone number, ownership
status, and status as federal, state, private, public, or other
entity.
(e) A listing of all
permits or construction approvals received or applied for under any of the
following programs:
(i) Hazardous Waste
Management program under RCRA;
(ii)
UIC program under SDWA;
(iii) NPDES
programs under CWA;
(iv) Prevention
of Significant Deterioration (PSD) program under the Clean Air Act;
(v) Nonattainment program under the Clean Air
Act;
(vi) National Emission
Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the
Clean Air Act;
(vii) Ocean dumping
permits under the Marine Protection Research and Sanctuaries Act;
(viii) Dredge or fill permits under
section404 of CWA;
(ix) Other
relevant environmental permits, including State permits.
(f) A topographic map (or other map if a
topographic map is unavailable) extending one mile beyond the property
boundaries of the source, depicting the facility and each of its intake and
discharge structures; each of its hazardous waste treatment, storage or
disposal facilities; each well where fluids from the facility are injected
underground; and other wells, springs, surface water bodies, mines (surface and
subsurface), and quarries in the map area.
(g) A brief description of the nature of the
business.
(h) A map showing the
injection well(s) for which a permit is sought and the applicable area of
review. Within the area of review, the map shall show the name and location of
all producing wells, injection wells, abandoned wells, dry wells, and water
wells. The map shall also show faults, or other geological discontinuities if
known or suspected.
(i) A
tabulation of data reasonably available from public records or otherwise known
to the applicant on all wells within the area of review included on the map
required under paragraph (h) of this section which penetrate the proposed
injection zone or, in the case of Class II wells operating over the fracture
pressure of the injection formation, all known wells within the area of review
which penetrate formations affected by the increase in pressure. Such data
shall include a description of each well's type, construction, date drilled,
location, depth, record of plugging and completion, and any additional
information the Department may require. In cases where the information would be
repetitive and the wells are of similar age, type, and construction the
Department may elect to only require data on a representative number of
wells.
(j) Illustrations (maps,
cross-sections, fence diagrams) prepared by a geologist showing:
(i) The regional geologic setting;
(ii) The detailed hydrogeologic structure of
the local area;
(iii) The vertical
and lateral limits of all underground sources of drinking water, confining
zones, and injection zones within the area of review, their position relative
to the injection formation and the direction of water movement in every
underground source of drinking water and injection zone which may be affected
by the proposed injection.
(k) Proposed operating data as follows:
(i) Average and maximum daily rate and volume
of fluid to be injected;
(ii)
Average and maximum injection pressure; and
(iii) Source and a qualitative analysis and
ranges in concentrations of the constituents in the injected fluid;
(l) Proposed formation testing
program.
(m) Proposed stimulation
program.
(n) Proposed injection
procedure.
(o) Drawings of the
surface and subsurface construction details of the well.
(p) Plans for meeting the monitoring
requirements for the Class proposed.
(q) Expected changes in pressure, formation
fluid displacement, and direction of movement of injected fluid.
(r) Contingency plans to cope with all
shut-ins or well failures so as to prevent the migration of contaminating
fluids into underground sources of drinking water.
(s) A plan for plugging and abandonment that
will prevent the movement of fluids either into an underground source of
drinking water or from one underground source of drinking water to
another.
(t) A certificate that the
applicant has assured, through a performance bond or other appropriate means,
the resources necessary to close, plug, or abandon the well as required by
these regulations.
(u) The
corrective action proposed to be taken as required by these
regulations.
(2) Class
IV(2)(a) and Class V. A. Wells;
(a) The
activities conducted by the applicant which require it to obtain a
permit.
(b) Name, mailing address,
and location of the facility for which the application is submitted.
(c) The owner's and (if different than the
owner) operator's name, address, telephone number, ownership status, and status
as federal, state, private, public, or other entity.
(d) A brief description of the nature of the
business.
(e) Proposed operating
data as follows:
(i) Average and maximum daily
rate and volume of fluid to be injected;
(ii) Average and maximum injection pressure;
and
(iii) Source and an analysis of
the chemical, physical, biological and radiological characteristics of the
injected fluid.
(f)
Drawings of the surface and subsurface construction details of the
well.
H. All
applications for a new permit and renewal or transfer of an existing permit
shall be filed in sufficient time prior to commencement of well construction,
or transfer to allow compliance with all legal procedures.
I. If the Department finds the application is
complete, the Department shall prepare a draft permit or issue a notice of
intent to deny the application. If the Department finds that the tentative
decision to deny or terminate was incorrect, the Department shall withdraw the
notice of intent and prepare a draft permit.
J. The Department shall prepare a Statement
of Basis for each notice of intent to deny or terminate, and for each draft
permit for non-major facilities. A Fact Sheet shall be prepared for each draft
permit for a major facility and for each draft permit which the Department
finds is the subject of widespread public interest. The Statement of Basis
shall briefly describe the derivation of the conditions of the draft permit and
the reasons for them or, in the case of notices of intent to deny or terminate,
reasons supporting the tentative decision. Fact Sheets prepared when applicable
shall include:
(1) A brief description of the
type of facility or activity which is the subject of the draft
permit;
(2) The type and quantity
of fluids which are proposed to be injected;
(3) A brief summary of the basis for the
draft permit conditions including references to applicable statutory or
regulatory provisions;
(4) Reasons
why any requested variances or alternatives to required standards do or do not
appear justified;
(5) Name and
telephone number of a person to contact for additional information;
and,
(6) A description of the
procedures for reaching a final decision on the draft permit including:
(a) The beginning and ending dates of the
public comment period and the address where comments will be
received;
(b) Procedures for
requesting a hearing and the nature of that hearing; and,
(c) Any other procedures by which the public
may participate in the final decision.
K. The Department will issue a public notice
when any of the following actions have occurred:
(1) A permit action has been tentatively
denied;
(2) A draft permit has been
prepared;
(3) A public hearing has
been scheduled; or,
(4) An appeal
has been granted.
L. The
contents of the public notice will include:
(1) Name, address and phone number of the
office processing the permit action;
(2) Name and address of each applicant whose
application is being considered;
(3) A brief discussion of the business
conducted at the facility;
(4)
Name, address and phone number of person from whom interested person may obtain
additional information;
(5) The
purpose of the hearing;
(6)
Reference to the date of previous public notices relating to the permit;
and,
(7) A brief description of the
comment procedures and the date, time, and place of any hearing that will be
held, including procedures to request a hearing.
M. The public notice shall allow at least
thirty days for public comment.
N.
No public notice will be issued for Class V.B. Wells or non-major Class V.A.
Wells. No public notice will be issued for other classes of wells when a
request for permit modification, revocation and reissuance, or termination is
denied. In such cases, written notice only will be given to the requestor and
permittee.
O. The Department will
hold a public hearing whenever the Department finds, on the basis of requests,
a significant degree of public interest in draft permits and whenever such
hearing might clarify one or more issues involved in the permit decision.
Public notice of a public hearing may be given at the same time as public
notice of a draft permit and the two notices combined.
P. Public notices will be circulated in the
geographical area of the proposed facility at least thirty days prior to the
date of the hearing:
(1) By posting a copy of
the notice at the Courthouse in the county in which the facility is
located;
(2) By publishing the
notice three times in a newspaper having general circulation in the said
county;
(3) By mailing to all
appropriate government agencies;
(4) By mailing to any person or group upon
request; and,
(5) By mailing a copy
to all persons on the Department's mailing lists for receiving such
notices.
Q. The
Department shall issue a final permit decision after the close of the public
comment period. A final permit decision shall become effective thirty days
after serving notice of the final decision to the applicant and each person who
has submitted written comments or requested notice of the final permit
decision; unless:
(1) A later date is
specified by the Department; or,
(2) A participant in the public hearing or
public review process petitions the decision within thirty days after the final
decision is issued; or,
(3) No
comments requested a change in the draft permit, in which case the permit shall
become final upon issuance.
R. The Department will respond to comments
received at the time a final permit is issued. The response will be made
available to the public and include:
(1) Which
provisions, if any, of the draft permit have been changed in the final permit
decision and the reasons for the changes; and,
(2) A description and response to all
significant comments on the draft permit raised during the public comment
period or during any hearing.
S. All records, reports and information
required to be submitted to the Department; public comment on these records,
reports or information; and the draft and final permits shall be disclosed to
the public unless the person submitting the information can show that such
information, if made public, would disclose methods or processes entitled to
protection as trade secrets. The Department shall determine which information
is entitled to confidential treatment. In the event the Department determines
that such information is entitled to confidential treatment, the Department
shall take steps to protect such information from disclosure. The Department
shall submit the information considered to be confidential in the Department's
determination of confidentiality.
T. The Department shall:
(1) Provide facilities for the inspection of
information relating to UIC permit applications and permits;
(2) Ensure the employees handle requests for
such inspections promptly; and,
(3)
Ensure that copying machines or devices are available for a reasonable
fee.
U. Injection may
not commence until construction is complete, the permittee has submitted notice
of completion of construction to the Department, and the Department has
inspected or otherwise reviewed the injection well and finds it in compliance
with these regulations.
(1) Prior to granting
approval for the operation of any injection well, the Department shall require
a satisfactory demonstration of mechanical integrity pursuant to these
regulations.
(2) Prior to granting
approval for the operation of any injection well, the Department shall consider
the following information when such information is required by these
regulations:
(a) All available logging and
testing data on the well;
(b) The
proposed operating procedures;
(c)
The results of the formation testing program; and,
(d) The status of corrective action on
defective wells in the area of review.
V. The Department may establish maximum
injection volumes and pressures and such other permit conditions as necessary
to assure that fractures are not initiated in the confining zone adjacent to an
underground source of drinking water; that injected fluids do not migrate into
underground sources of drinking water; that formation fluids are not displaced
into any underground sources of drinking water; and to assure compliance with
operating requirements.
W. A permit
shall be issued for a period not to exceed ten years from the date of issuance
for a Class IV(2)(a) and Class V. A. wells. On expiration of the permit, the
permit shall become invalid unless a complete application is made, prior to the
expiration date, for a renewal of the subject permit. For Class II and III
wells the permit shall be issued for a period up to the operating life of the
facility. The Department shall review each issued Class II or III U.I.C. permit
at least once every five years to determine whether it should be modified,
revoked and reissued, or terminated.
X. The permittee shall at all times properly
operate and maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of the permit. Proper operation and maintenance
includes effective performance, adequate funding, adequate operator staffing
and training, and adequate laboratory and process controls, including
appropriate quality assurance procedures. This provision requires the operation
of back-up or auxiliary facilities or similar systems only when necessary to
achieve compliance with the conditions of the permit.
(1) 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
the permit.
(2) The permittee shall
take all reasonable steps to minimize or correct any adverse impact on the
environment resulting from noncompliance with the permit.
(3) The permittee shall give notice to the
Department as soon as possible of any planned physical alterations or additions
to the permitted facility.
(4) The
permittee shall give advance notice to the Department of any planned changes in
the permitted facility or activity which may result in noncompliance with
permit requirements.
(5) Monitoring
results shall be reported at the intervals specified elsewhere in the
permit.
(6) Reports of compliance
or noncompliance with, or any progress reports on, interim and final
requirements contained in any compliance schedule of the permit shall be
submitted no later than 14 days following each schedule date.
(7) Where 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
Department, it shall promptly submit such facts or information.
Y. The permit may be modified,
revoked and reissued, or terminated for cause. The filing of a request by the
permittee for a permit modification, revocation and reissuance or termination,
or a notification of planned changes or anticipated noncompliance, does not
stay any permit condition.
(1) Causes for
permit modification or revocation and reissuance:
(a) There are material and substantial
alterations or additions to the permitted facility or activity which occurred
after permit issuance which justify the application of permit conditions that
are different or absent in the existing permit;
(b) The Department has received information
not available at the time of permit issuance that would have justified
application of different permit conditions at the time of issuance. This cause
shall include any information indicating that cumulative effects on the
environment are unacceptable;
(c)
The standards or regulations on which the permit was based have been changed by
promulgation of amended standards or regulations or by judicial decision after
the permit was issued. The Department may determine good cause exists for
modification of a compliance schedule, such as an act of God, strike, flood, or
materials shortage or other events over which the permittee has little or no
control and for which there is no reasonable available remedy.
(2) The Department may terminate a
permit during its term or deny a permit renewal application for the following
causes:
(a) Noncompliance by the permittee
with any condition of the permit;
(b) The permittee's failure in the
application or during the permit issuance process to disclose fully all
relevant facts, or the permittee's misrepresentation of any relevant facts at
any time; or
(c) A determination
that the permitted activity endangers human health or the environment and can
only be regulated to acceptable levels by permit termination.
(d) The Department shall follow the
procedures as prescribed in Section
48-1-50 of
the 1976 South Carolina Code of laws.
Z. The permit does not convey any property
rights of any sort, or any exclusive privilege.
AA. The permittee shall furnish to the
Department any information which the Department may request 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 Department, upon request, copies of records required by the
permit to be kept.
BB. The
permittee shall allow the Department, or an authorized representative, upon
their presentation of credentials to:
(1)
Enter upon the permittee's premises where a regulated facility or activity is
located or conducted, or where records must be kept under the conditions of the
permit;
(2) Have access to and
copy, at reasonable times, any records that must be kept under the conditions
of the permit;
(3) Inspect, at
reasonable times, any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under the permit;
and,
(4) Sample or monitor, at
reasonable times, for the purposes of assuring permit compliances or as
otherwise authorized, any substances or parameters.
CC. The permittee shall:
(1) Retain copies of records of all
monitoring information, including all calibration and maintenance records, all
original strip chart recordings for continuous monitoring instrumentation and
copies of all reports required by the permit, for a period of at least three
years from the date of the sample, measurement, report or application. This
period may be extended up to five years by request of the Department at any
time. Records of monitoring information shall include:
(a) The date, exact place, and time of
sampling or measurements;
(b) The
individual(s) who performed the sampling or measurements;
(c) The date(s) analyses were
performed;
(d) The individual(s)
who performed the analyses;
(e) The
analytical techniques or methods used; and,
(f) The results of any such sampling,
measurements and analyses.
(2) Retain all records concerning the nature
and composition of injected fluids until five years after completion of any
plugging and abandonment. The Department may require the owner or operator to
deliver the records to the Department at the conclusion of the retention
period.
DD. The permit
shall not be transferable to any person except after notice to and approval by
the Department. The Department may require modification or revocation and
reissuance of the permit to change the name of the permittee and incorporate
such other requirements as may be appropriate.
EE. The permittee shall report any monitoring
or other information which indicates that any contaminant may cause an
endangerment to an underground source of drinking water and any noncompliance
with a permit condition or malfunction of the injection system which may cause
fluid migration into or between underground sources of drinking water. The
permittee shall immediately stop injection upon determination that the
injection system has malfunctioned and could cause fluid migration into or
between underground sources of drinking water. The permittee shall not restart
the injection system until the malfunction has been corrected and written
approval is issued by the Department. The information shall be provided, to the
Department, orally within eight hours of the occurrence. A written submission
shall also be provided within 5 days of the time the permittee becomes aware of
the circumstances. The written submission shall contain a description of the
noncompliance and its cause, the period of noncompliance, including exact dates
and times, and if the cause for the noncompliance has not been corrected, the
anticipated time required for correction, and any steps taken or planned to
reduce, eliminate and prevent reoccurrence of the noncompliance.
