Current through September 24, 2024
(1) No
owner or operator shall construct, operate, maintain, convert, plug, abandon,
or conduct any other injection activity in a manner that allows the movement of
fluid containing any contaminant into underground sources of drinking water, if
the presence of that contaminant may cause a violation of any primary drinking
water regulation or may otherwise adversely affect the health of persons. The
applicant for a permit shall have the burden of showing that the requirements
of this paragraph are met.
(2) For
Class I, II and III wells, if any water quality monitoring of an underground
source of drinking water indicates the movement of any contaminant into the
underground source of drinking water, except as authorized under this rule, the
Commissioner shall prescribe such additional requirements for construction,
corrective action, operation, monitoring, or reporting (including closure of
the injection well) as are necessary to prevent such movement. In the case of
wells authorized by permit, the Commissioner may impose additional requirements
by modifying the permit in accordance with Rule paragraph (8) of Rule
0400-45-06-.08 or may terminate the permit in accordance with paragraph (9) of
Rule 0400-45-06-.08. Additionally, the Commissioner may assess civil penalties
for all permit or rule violations in accordance with T.C.A §
69-3-115.
(3) For class V wells, if at any time the
Commissioner learns that a Class V well may cause a violation of primary
drinking water regulations he or she shall:
(a) Require the injector to obtain an
individual permit; and/or
(b) Order
the injector to take such actions (including, where required, closure of the
injection well) as may be necessary to prevent the violation; and/or
(c) Take enforcement action.
(4) Whenever the Commissioner
learns that a Class V well may be otherwise adversely affecting the health of
persons, he or she may prescribe such actions as may be necessary to prevent
the adverse effect, including any action authorized under paragraph (3) of this
rule and assess civil penalties in accordance with T.C.A §
69-3-115.
(5) Notwithstanding any other provision of
this rule, the Commissioner may take emergency action upon receipt of
information that a contaminant which is present in or likely to enter a public
water system or underground source of drinking water may present an imminent
and substantial endangerment to the health of persons. The Commissioner must
first determine that local authorities have not taken appropriate action to
protect the health of such persons, before taking emergency action.
(6) Identification of Underground Sources of
Drinking Water
(a) The Commissioner may
identify (by narrative description, illustrations, maps, or other means) and
shall protect, except where exempted under subparagraph (b) of this paragraph,
as an underground source of drinking water, all aquifers or parts of aquifers
which meet the definition of an "underground source of drinking water'' in Rule
0400-45-06-.02. Even if an aquifer has not been specifically identified by the
commissioner, it is an underground source of drinking water if it meets the
definition in Rule 0400-45-06-.02.
(b)
1. The
Commissioner may identify (by narrative description, illustrations, maps, or
other means) and describe in geographic and/or geometric terms (such as
vertical and lateral limits and gradient) which are clear and definite, all
aquifers or parts thereof which the Commissioner proposes to designate as
exempted aquifers using the criteria in paragraph (7) of this rule.
2. No designation of an exempted aquifer
submitted as part of a UIC Program shall be final until approved by the EPA
Administrator.
3 Subsequent to program approval or promulgation by the
EPA, the Commissioner may, after notice and opportunity for a public hearing,
identify additional exempted aquifers.
(i) Exemption of aquifers identified under
subparagraph (7)(b) of this Rule shall be treated as a program revision under
40 CFR
145.32.
(Note:
40 CFR
145.32 provides that:
(a) Either EPA or the approved state may
initiate program revision. Program revision may be necessary when the
controlling federal or state statutory or regulatory authority is modified or
supplemented. The state shall keep EPA fully informed of any proposed
modifications to its basic statutory or regulatory authority, its forms,
procedures, or priorities.
(b)
Revision of a state program shall be accomplished as follows:
(1) The state shall submit a modified program
description, Attorney General's statement, Memorandum of Agreement, or such
other documents as EPA determines to be necessary under the
circumstances.
(2) Whenever EPA
determines that the proposed program revision is substantial, EPA shall issue
public notice and provide an opportunity to comment for a period of at least 30
days. The public notice shall be mailed to interested persons and shall be
published in the Federal Register and in enough of the largest newspapers in
the state to provide statewide coverage. The public notice shall summarize the
proposed revisions and provide for the opportunity to request a public hearing.
Such a hearing will be held if there is significant public interest based on
requests received.
(3) The
Administrator shall approve or disapprove program revisions based on the
requirements of this part and of the Safe Drinking Water Act.
(4) A program revision shall become effective
upon the approval of the Administrator. Notice of approval of any substantial
revision shall be published in the Federal Register. Notice of approval of
non-substantial program revisions may be given by a letter from the
Administrator to the State Governor or his designee.)
(ii) Exemption of aquifers
identified under subparagraph (7)(c) of this Rule shall become final if the
Commissioner submits the exemption in writing to the EPA Administrator and the
EPA Administrator has not disapproved the designation within 45 days. Any
disapproval by the EPA Administrator shall state the reasons and shall
constitute final Agency action for purposes of judicial review.
(c)
1. For Class III wells, the Commissioner
shall require an applicant for a permit which necessitates an aquifer exemption
under part (7)(b)1 of this rule to furnish the data necessary to demonstrate
that the aquifer is expected to be mineral or hydrocarbon producing.
Information contained in the mining plan for the proposed project, such as a
map and general description of the mining zone, general information on the
mineralogy and geochemistry of the mining zone, analysis of the amenability of
the mining zone to the proposed mining method, and a time-table of planned
development of the mining zone shall be considered by the Commissioner in
addition to the information required.
2. For Class II wells, a demonstration of
commercial producibility shall be made as follows:
(i) For a Class II well to be used for
enhanced oil recovery processes in a field or project containing aquifers from
which hydrocarbons were previously produced, commercial producibility shall be
presumed by the Commissioner upon a demonstration by the applicant of
historical production having occurred in the project area or field;
and
(ii) For Class II wells not
located in a field or project containing aquifers from which hydrocarbons were
previously produced, information such as logs, core data, formation
description, formation depth, formation thickness and formation parameters such
as permeability and porosity shall be considered by the Commissioner, to the
extent such information is available.
(7) Exempted Aquifers
An
aquifer or a portion thereof which meets the criteria for an "underground
source of drinking water'' may be determined to be an "exempted aquifer'' if it
meets the following criteria:
(a) It
does not currently serve as a source of drinking water; and
(b) It cannot now and will not in the future
serve as a source of drinking water because:
1. It is mineral, hydrocarbon or geothermal
energy producing, or can be demonstrated by a permit applicant as part of a
permit application for a Class II or III operation to contain minerals or
hydrocarbons that considering their quantity and location are expected to be
commercially producible;
2. It is
situated at a depth or location which makes recovery of water for drinking
water purposes economically or technologically impractical;
3. It is so contaminated that it would be
economically or technologically impractical to render that water fit for human
consumption; or
4. It is located
over a Class III well mining area subject to subsidence or catastrophic
collapse;
or
(c) The total dissolved solids content of the
ground water is more than 3,000 and less than 10,000 mg/l and it is not
reasonably expected to supply a public water system.
Authority:
T.C.A. §§
69-3-101 et seq. and 4-5-201 et
seq.
