Current through Reg. 49, No. 12; March 22, 2024
(a) Definitions and
application to plug.
(1) The following words
and terms, when used in this section, shall have the following meanings, unless
the context clearly indicates otherwise:
(A)
Approved cementer--A cementing company, service company, or operator approved
by the Commission or its delegate to mix and pump cement for the purpose of
plugging a well in accordance with the provisions of this section. The term
shall also apply to a cementing company, service company, or operator
authorized by the Commission or its delegate to use an alternate material other
than cement to plug a well.
(B)
Funnel viscosity--Viscosity as measured by the Marsh funnel, based on the
number of seconds required for 1,000 cubic centimeters of fluid to flow through
the funnel.
(C) Groundwater
conservation district--Any district or authority created under §52,
Article III, or §59, Article XVI, Texas Constitution, that has the
authority to regulate the spacing of water wells, the production from water
wells, or both.
(D) Operator
designation form--A certificate of compliance and transportation authority or
an application to drill, deepen, recomplete, plug back, or reenter that has
been completed, signed, and filed with the Commission or its
delegate.
(E) Productive
horizon--Any stratum known to contain oil, gas, or geothermal resources in
producible quantities in the vicinity of an unplugged well.
(F) Related piping--The surface piping and
subsurface piping that is less than three feet beneath the ground surface
between pieces of equipment located at any collection or treatment facility.
Such piping would include piping between and among headers, manifolds,
separators, storage tanks, gun barrels, heater treaters, dehydrators, and any
other equipment located at a collection or treatment facility. The term is not
intended to refer to lines, such as flowlines, gathering lines, and injection
lines that lead up to and away from any such collection or treatment
facility.
(G) Reported
production--Production of oil or gas, excluding production attributable to well
tests, accurately reported to the Commission or its delegate on Form PR,
Monthly Production Report.
(H)
Serve notice on the surface owner or resident--To hand deliver a written notice
identifying the well or wells to be plugged and the projected date the well or
wells will be plugged to the surface owner, or resident if the owner is absent,
at least three days prior to the day of plugging or to mail the notice by first
class mail, postage pre-paid, to the last known address of the surface owner or
resident at least seven days prior to the day of plugging.
(I) Usable quality water strata--All strata
determined by the Groundwater Advisory Unit of the Oil and Gas Division to
contain usable quality water.
(J)
Written notice--Notice actually received by the intended recipient in tangible
or retrievable form, including notice set out on paper and hand-delivered,
facsimile transmissions, and electronic mail transmissions.
(2) The operator shall give the
Commission notice of its intention to plug any well or wells drilled for oil,
gas, or geothermal resources or for any other purpose over which the Commission
has jurisdiction, except those specifically addressed in §
RSA
3.100<subdiv>(e)(1)</subdiv> of
this title (relating to Seismic Holes and Core Holes) (Statewide Rule 100),
prior to plugging. The operator shall deliver or transmit the written notice to
the district office on the appropriate form.
(3) The operator shall cause the notice of
its intention to plug to be delivered to the district office at least five days
prior to the beginning of plugging operations. The notice shall set out the
proposed plugging procedure as well as the complete casing record. The operator
shall not commence the work of plugging the well or wells until the proposed
procedure has been approved by the district director or the director's
delegate. The operator shall not initiate approved plugging operations before
the date set out in the notification for the beginning of plugging operations
unless authorized by the district director or the director's delegate. The
operator shall notify the district office at least four hours before commencing
plugging operations and proceed with the work as approved. The district
director or the director's delegate may grant exceptions to the requirements of
this paragraph concerning the timing of notices when a workover or drilling rig
is already at work on location, and ready to commence plugging operations.
Operations shall not be suspended prior to plugging the well unless the hole is
cased and casing is cemented in place in compliance with Commission rules. The
Commission's approval of a notice of intent to plug and abandon a well shall
not relieve an operator of the requirement to comply with subsection (b)(2) of
this section, nor does such approval constitute an extension of time to comply
with subsection (b)(2) of this section.
(4) The surface owner and the operator may
file an application to condition an abandoned well located on the surface
owner's tract for usable quality water production operations. The application
shall be made on Commission Form P-13, the Application of Landowner to
Condition an Abandoned Well for Fresh Water Production.
(A) Standard for Commission Approval. Before
the Commission will consider approval of an application:
(i) the surface owner shall assume
responsibility for plugging the well and obligate himself, his heirs,
successors, and assignees to complete the plugging operations;
(ii) the operator responsible for plugging
the well shall place all cement plugs required by this rule up to the base of
the usable quality water strata; and
(iii) the surface owner shall submit:
(I) a signed statement attesting to the fact
that:
(-a-) there is no groundwater
conservation district for the area in which the well is located; or
(-b-) there is a groundwater conservation
district for the area where the well is located, but the groundwater
conservation district does not require that the well be permitted or
registered; or
(-c-) the surface
owner has registered the well with the groundwater conservation district for
the area where the well is located; or
(II) a copy of the permit from the
groundwater conservation district for the area where the well is
located.
(B)
The duty of the operator to properly plug ends only when:
(i) the operator has properly plugged the
well in accordance with Commission requirements up to the base of the usable
quality water stratum;
(ii) the
surface owner has registered the well with, or has obtained a permit for the
well from, the groundwater conservation district, if applicable; and
(iii) the Commission has approved the
application of surface owner to condition an abandoned well for fresh water
production.
(5) The operator of a well shall serve notice
on the surface owner of the well site tract, or the resident if the owner is
absent, before the scheduled date for beginning the plugging operations. A
representative of the surface owner may be present to witness the plugging of
the well. Plugging shall not be delayed because of the lack of actual notice to
the surface owner or resident if the operator has served notice as required by
this paragraph. The district director or the director's delegate may grant
exceptions to the requirements of this paragraph concerning the timing of
notices when a workover or drilling rig is already at work on location and
ready to commence plugging operations.
(b) Commencement of plugging operations,
extensions, and testing.
(1) The operator
shall complete and file in the district office a duly verified plugging record,
in duplicate, on the appropriate form within 30 days after plugging operations
are completed. A cementing report made by the party cementing the well shall be
attached to, or made a part of, the plugging report. If the well the operator
is plugging is a dry hole, an electric log status report shall be filed with
the plugging record.
(2) Plugging
operations on each dry or inactive well shall be commenced within a period of
one year after drilling or operations cease and shall proceed with due
diligence until completed unless the Commission or its delegate approves a
plugging extension under §
RSA
3.15 of this title (relating to Surface
Equipment Removal Requirements and Inactive Wells).
(3) The Commission may plug or replug any dry
or inactive well as follows:
(A) After notice
and hearing, if the well is causing or is likely to cause the pollution of
surface or subsurface water or if oil, gas, or other formation fluid is leaking
from the well, and:
(i) neither the operator
nor any other entity responsible for plugging the well can be found;
or
(ii) neither the operator nor
any other entity responsible for plugging the well has assets with which to
plug the well.
(B)
Without a hearing if the well is a delinquent inactive well and:
(i) the Commission has sent notice of its
intention to plug the well as required by §
RSA
89.043<subdiv>(c)</subdiv> of the
Texas Natural Resources Code; and
(ii) the operator did not request a hearing
within the period (not less than 10 days after receipt) specified in the
notice.
(C) Without
notice or hearing, if:
(i) the Commission has
issued a final order requiring that the operator plug the well and the order
has not been complied with; or
(ii)
the well poses an immediate threat of pollution of surface or subsurface waters
or of injury to the public health and the operator has failed to timely
remediate the problem.
(4) The Commission may seek reimbursement
from the operator and any other entity responsible for plugging the well for
state funds expended pursuant to paragraph (3) of this subsection.
(c) Designated operator
responsible for proper plugging.
(1) The
entity designated as the operator of a well specifically identified on the most
recent Commission-approved operator designation form filed on or after
September 1, 1997, is responsible for properly plugging the well in accordance
with this section and all other applicable Commission rules and regulations
concerning plugging of wells.
(2)
As to any well for which the most recent Commission-approved operator
designation form was filed prior to September 1, 1997, the entity designated as
operator on that form is presumed to be the entity responsible for the physical
operation and control of the well and to be the entity responsible for properly
plugging the well in accordance with this section and all other applicable
Commission rules and regulations concerning plugging of wells. The presumption
of responsibility may be rebutted only at a hearing called for the purpose of
determining plugging responsibility.
(d) General plugging requirements.
(1) Wells shall be plugged to insure that all
formations bearing usable quality water, oil, gas, or geothermal resources are
protected. All cementing operations during plugging shall be performed under
the direct supervision of the operator or his authorized representative, who
shall not be an employee of the service or cementing company hired to plug the
well. Direct supervision means supervision at the well site during the plugging
operations. The operator and the cementer are both responsible for complying
with the general plugging requirements of this subsection and for plugging the
well in conformity with the procedure set forth in the approved notice of
intention to plug and abandon for the well being plugged. The operator and
cementer may each be assessed administrative penalties for failure to comply
with the general plugging requirements of this subsection or for failure to
plug the well in conformity with the approved notice of intention to plug and
abandon the well.
(2) Cement plugs
shall be set to isolate each productive horizon and usable quality water
strata. Plugs shall be set as necessary to separate multiple usable quality
water strata by placing the required plug at each depth as determined by the
Groundwater Advisory Unit of the Oil and Gas Division. The operator shall
verify the placement of the plug required at the base of the deepest usable
quality water stratum by tagging with tubing or drill pipe or by an alternate
method approved by the district director or the district director's
delegate.
(3) Cement plugs shall be
placed by the circulation or squeeze method through tubing or drill pipe.
Cement plugs shall be placed by other methods only upon written request with
the written approval of the district director or the director's
delegate.
(4) All cement for
plugging shall be an approved API oil well cement without volume extenders and
shall be mixed in accordance with API standards. Slurry weights shall be
reported on the cementing report. The district director or the director's
delegate may require that specific cement compositions be used in special
situations; for example, when high temperature, salt section, or highly
corrosive sections are present. An operator shall request approval to use
alternate materials, other than API oil well cement without volume extenders,
to plug a well by filing with the director or the director's delegate a written
request providing all pertinent information to support the use of the proposed
alternate material and plugging method. The director or the director's delegate
shall determine whether such a request warrants approval, after considering
factors which include but are not limited to whether or not the well to be
plugged was used as an injection or disposal well; the well's history; the
well's current bottom hole pressure; the presence of highly pressurized
formations intersected by the wellbore; the method by which the alternative
material will be placed in the wellbore; and the compressive strength and other
performance specifications of the alternative material to be used. The director
or the director's delegate shall approve such a request only if the proposed
alternate material and plugging method will ensure that the well does not pose
a potential threat of harm to natural resources.
(5) Operators shall use only cementers
approved by the director or the director's delegate, except when plugging is
conducted in accordance with subparagraph (B)(ii) of this paragraph or
paragraph (6) of this subsection. Cementing companies, service companies, or
operators may apply for designation as approved cementers. Approval will be
granted on a showing by the applicant of the ability to mix and pump cement or
other alternate materials as approved by the director or the director's
delegate in compliance with this rule. An approved cementer is authorized to
conduct plugging operations in accordance with Commission rules in each
Commission district.
(A) A cementing company,
service company, or operator seeking designation as an approved cementer shall
file a request in writing with the district director of the district in which
it proposes to conduct its initial plugging operations. The request shall
contain the following information:
(i) the
name of the organization as shown on its most recent approved organizational
report;
(ii) a list of
qualifications including personnel who will supervise mixing and pumping
operations;
(iii) length of time
the organization has been in the business of cementing oil and gas
wells;
(iv) an inventory of the
type of equipment to be used to mix and pump cement or other alternate
materials as approved by the director or the director's delegate; and
(v) a statement certifying that the
organization will comply with all Commission rules.
(B) No request for designation as an approved
cementer will be approved until after the district director or the director's
delegate has:
(i) inspected all equipment to
be used for mixing and pumping cement or other alternate materials as approved
by the director or the director's delegate; and
(ii) witnessed at least one plugging
operation to determine if the cementing company, service company, or operator
can properly mix and pump cement or other alternate materials as approved by
the director or the director's delegate according to the specifications
required by this rule.
(C) The district director or the director's
delegate shall file a letter with the director or the director's delegate
recommending that the application to be designated as an approved cementer be
approved or denied. If the district director or the director's delegate does
not recommend approval, or the director or the director's delegate denies the
application, the applicant may request a hearing on its application.
(D) Designation as an approved cementer may
be suspended or revoked for violations of Commission rules. The designation may
be revoked or suspended administratively by the director or the director's
delegate for violations of Commission rules if:
(i) the cementer has been given written
notice by personal service or by registered or certified mail informing the
cementer of the proposed action, the facts or conduct alleged to warrant the
proposed action, and of its right to request a hearing within 10 days to
demonstrate compliance with Commission rules and all requirements for retention
of designation as an approved cementer; and
(ii) the cementer did not file a written
request for a hearing within 10 days of receipt of the notice.
(6) An operator may
request administrative authority to plug its own wells without being an
approved cementer. An operator seeking such authority shall file a written
request with the district director and demonstrate its ability to mix and pump
cement or other alternate materials as approved by the director or the
director's delegate in compliance with this subsection. The district director
or the director's delegate shall determine whether such a request warrants
approval. If the district director or the director's delegate refuses to
administratively approve this request, the operator may request a hearing on
its request.
(7) The district
director or the director's delegate may require additional cement plugs to
cover and contain any productive horizon or to separate any water stratum from
any other water stratum if the water qualities or hydrostatic pressures differ
sufficiently to justify separation. The tagging and/or pressure testing of any
such plugs, or any other plugs, and respotting may be required if necessary to
ensure that the well does not pose a potential threat of harm to natural
resources.
(8) For onshore or
inland wells, a 10-foot cement plug shall be placed in the top of the well, and
casing shall be cut off three feet below the ground surface.
(9) Mud-laden fluid of at least 9-1/2 pounds
per gallon with a minimum funnel viscosity of 40 seconds shall be placed in all
portions of the well not filled with cement or other alternate material as
approved by the director or the director's delegate. The hole shall be in
static condition at the time the cement plugs are placed. The district director
or the director's delegate may grant exceptions to the requirements of this
paragraph if a deviation from the prescribed minimums for fluid weight or
viscosity will insure that the well does not pose a potential threat of harm to
natural resources. An operator shall request approval to use alternate fluid
other than mud-laden fluid by filing with the district director a written
request providing all pertinent information to support the use of the proposed
alternate fluid. The district director or the director's delegate shall
determine whether such a request warrants approval, and shall approve such a
request only if the proposed alternate fluid will insure that the well does not
pose a potential threat of harm to natural resources.
(10) Non-drillable material that would hamper
or prevent reentry of a well shall not be placed in any wellbore during
plugging operations, except in the case of a well plugged and abandoned under
the provisions of §
RSA
3.35 or §
RSA
4.614<subdiv>(b)</subdiv> of this
title (relating to Procedures for Identification and Control of Wellbores in
Which Certain Logging Tools Have Been Abandoned (Statewide Rule 35); and
Authorized Disposal Methods, respectively). Pipe and unretrievable junk shall
not be cemented in the hole during plugging operations without prior approval
by the district director or the director's delegate.
(11) All cement plugs, except the top plug,
shall have sufficient slurry volume to fill 100 feet of hole, plus 10% for each
1,000 feet of depth from the ground surface to the bottom of the
plug.
(12) The operator shall fill
the rathole, mouse hole, and cellar, and shall empty all tanks, vessels,
related piping and flowlines that will not be actively used in the continuing
operation of the lease within 120 days after plugging work is completed. Within
the same 120 day period, the operator shall remove all such tanks, vessels, and
related piping, remove all loose junk and trash from the location, and contour
the location to discourage pooling of surface water at or around the facility
site. The operator shall close all pits in accordance with the provisions of
§
RSA
3.8 of this title (relating to Water
Protection (Statewide Rule 8)). The district director or the director's
delegate may grant a reasonable extension of time of not more than an
additional 120 days for the removal of tanks, vessels and related
piping.
(e) Plugging
requirements for wells with surface casing.
(1) When insufficient surface casing is set
to protect all usable quality water strata and such usable quality water strata
are exposed to the wellbore when production or intermediate casing is pulled
from the well or as a result of such casing not being run, a cement plug shall
be a minimum of 100 feet in length and shall extend at least 50 feet above and
50 feet below the base of the deepest usable quality water stratum. This plug
shall be evidenced by tagging with tubing or drill pipe. The plug shall be
respotted if it has not been properly placed. In addition, a cement plug shall
be set across the shoe of the surface casing. This plug shall be a minimum of
100 feet in length and shall extend at least 50 feet above and below the
shoe.
(2) When sufficient surface
casing has been set to protect all usable quality water strata, a cement plug
shall be placed across the shoe of the surface casing. This plug shall be a
minimum of 100 feet in length and shall extend at least 50 feet above the shoe
and at least 50 feet below the shoe.
(3) If surface casing has been set deeper
than 200 feet below the base of the deepest usable quality water stratum, an
additional cement plug shall be placed inside the surface casing across the
base of the deepest usable quality water stratum. This plug shall be a minimum
of 100 feet in length and shall extend at least 50 feet below and 50 feet above
the base of the deepest usable quality water stratum.
(4) Plugs shall be set as necessary to
separate multiple usable quality water strata by placing the required plug at
each depth as determined by the Groundwater Advisory Unit of the Oil and Gas
Division.
(5) An operator may not
remove, cause to be removed, or allow to be removed surface casing from a well
at abandonment. This prohibition applies to wells drilled by cable tool and
rotary rigs alike.
(f)
Plugging requirements for wells with intermediate casing.
(1) For wells in which the intermediate
casing has been cemented through all usable quality water strata and all
productive horizons, a cement plug meeting the requirements of subsection
(d)(11) of this section shall be placed inside the casing and centered opposite
the base of the deepest usable quality water stratum, but extend no less than
50 feet above and below the base of the deepest usable quality water
stratum.
(2) For wells in which
intermediate casing is not cemented through all usable quality water strata and
all productive horizons, and if the casing will not be pulled, the intermediate
casing shall be perforated at the required depths to place cement outside of
the casing by squeeze cementing through casing perforations.
(3) Additionally, plugs shall be set as
necessary to separate multiple usable quality water strata by placing the
required plug at each depth as determined by the Groundwater Advisory Unit of
the Oil and Gas Division.
(g) Plugging requirements for wells with
production casing.
(1) For wells in which the
production casing has been cemented through all usable quality water strata and
all productive horizons, a cement plug meeting the requirements of subsection
(d)(11) of this section shall be placed inside the casing and centered opposite
the base of the deepest usable quality water stratum and across any multi-stage
cementing tool. This plug shall be a minimum of 100 feet in length and shall
extend at least 50 feet below and 50 feet above the base of the deepest usable
quality water stratum.
(2) For
wells in which the production casing has not been cemented through all usable
quality water strata and all productive horizons and if the casing will not be
pulled, the production casing shall be perforated at the required depths to
place cement outside of the casing by squeeze cementing through casing
perforations.
(3) The district
director or the director's delegate may approve a cast iron bridge plug to be
placed immediately above each perforated interval, provided at least 20 feet of
cement is placed on top of each bridge plug. A bridge plug shall not be set in
any well at a depth where the pressure or temperature exceeds the ratings
recommended by the bridge plug manufacturer.
(4) Additionally, plugs shall be set as
necessary to separate multiple usable quality water strata by placing the
required plug at each depth as determined by the Groundwater Advisory Unit of
the Oil and Gas Division.
(h) Plugging requirements for well with
screen or liner.
(1) If practical, the screen
or liner shall be removed from the well.
(2) If the screen or liner is not removed, a
cement plug in accordance with subsection (d)(11) of this section shall be
placed at the top of the screen or liner.
(i) Plugging requirements for wells without
production casing and open-hole completions.
(1) Any productive horizon or any formation
in which a pressure or formation water problem is known to exist shall be
isolated by cement plugs centered at the top and bottom of the formation. Each
cement plug shall have sufficient slurry volume to fill a calculated height as
specified in subsection (d)(11) of this section.
(2) If the gross thickness of any such
formation is less than 100 feet, the tubing or drill pipe shall be suspended 50
feet below the base of the formation. Sufficient slurry volume shall be pumped
to fill the calculated height from the bottom of the tubing or drill pipe up to
a point at least 50 feet above the top of the formation, plus 10% for each
1,000 feet of depth from the ground surface to the bottom of the
plug.
(j) The district
director or the director's delegate shall review and approve the notification
of intention to plug in a manner so as to accomplish the purposes of this
section. The district director or the director's delegate may approve, modify,
or reject the operator's notification of intention to plug. If the proposal is
modified or rejected, the operator may request a review by the director or the
director's delegate. If the proposal is not administratively approved, the
operator may request a hearing on the matter. After hearing, the examiner shall
recommend final action by the Commission.
(k) Plugging horizontal drainhole wells. All
plugs in horizontal drainhole wells shall be set in accordance with subsection
(d)(11) of this section. The productive horizon isolation plug shall be set
from a depth 50 feet below the top of the productive horizon to a depth either
50 feet above the top of the productive horizon, or 50 feet above the
production casing shoe if the production casing is set above the top of the
productive horizon. If the production casing shoe is set below the top of the
productive horizon, then the productive horizon isolation plug shall be set
from a depth 50 feet below the production casing shoe to a depth that is 50
feet above the top of the productive horizon. In accordance with subsection
(d)(7) of this section, the Commission or its delegate may require additional
plugs.