Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0011 - Water Quality
Chapter 16 - INJECTION WELLS
Section 16-5 - Permits Required; Processing of Permits; and Requirements Applicable to All Permits
Universal Citation: WY Code of Rules 16-5
Current through September 21, 2024
(a) Permits required.
(i) Construction, installation,
modifications or operation of Class V facilities shall be allowed only in
accordance with these regulations.
(ii) Discharges into, or construction of, any
Class V facility are prohibited unless permitted pursuant to this
chapter.
(iii) Every facility shall
be covered by one of the three types of permitting systems: individual;
general; or permit by rule. The following sections of these regulations
describe the permitting method for and subclasses of facilities. The owner or
operator of a facility which can be covered by a general permit or authorized
under permit by rule may apply for and be permitted by an individual permit if
the owner or operator desires. Operators who do not meet the requirements for a
general permit or permit by rule must obtain an individual permit prior to
installation or construction of the Class V facility.
(iv) Permits may be issued for individual
facilities or they may be issued on an area basis for multiple points of
discharge operated by the same person.
(v) A separate permit to construct is not
required under Chapter 3, Water Quality Rules and Regulations for any Class V
facility. Requirements of the Chapter 3 permit to construct will be included in
the underground injection control permit issued under this chapter.
(vi) All permits issued under this chapter,
whether individual permits, or general permits, shall be for no more than ten
(10) years duration.
(vii) Each
permit shall be reviewed by the department at least once every five (5) years
for continued validity of all permit conditions and contents. Permits that do
not satisfy the requirements of these regulations are subject to modification,
revocation and reissuance, or termination pursuant to this chapter.
(viii) Sections of permit applications filed
under this chapter which represent engineering work shall be sealed, signed,
and dated by a licensed professional engineer as required by Wyoming Statutes,
Title 33, Chapter 29.
(ix) Sections
of permit applications filed under this chapter which represent geologic work
shall be sealed, signed, and dated by a licensed professional geologist as
required by Wyoming Statutes, Title 33, Chapter 41.
(b) Permit processing procedures applicable to all Class V facilities, individual and general permits.
(i) The director may deny an individual
permit for any of the following reasons:
(A)
The application is incomplete;
(B)
The project, if constructed and/or operated, will cause violation of applicable
state surface or groundwater standards;
(C) The application contains a proposed
construction or operation which does not meet the requirements of this
chapter;
(D) The permitted facility
would be in conflict with or is in conflict with a state approved local
wellhead protection plan, state approved local source water protection plan, or
state approved water quality management plan; or
(E) Other justifiable reasons necessary to
carry out the provisions of the Environmental Quality Act.
(ii) If the director intends to deny an
individual permit for any reason other than an incomplete or deficient
application, a draft permit shall be prepared and public notice issued pursuant
to Section 13 of this chapter.
(iii) Permits may be modified, revoked and
reissued, or terminated either in response to a petition from any interested
person (including the permittee) or upon the administrator's initiative.
However, permits may only be modified, revoked and reissued, or terminated for
the reasons specified in Section
5(b)
(vi) of this chapter. All requests shall be
in writing and shall contain facts or reasons supporting the request.
If the administrator decides the petition is not justified, the petitioner shall be sent a brief written response giving the reason for the decision. A request for modification, revocation and reissuance, or termination shall be considered denied if the administrator takes no action within 60 days after receiving the written request. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice and comment. Denials by the administrator may be appealed for hearing to the Environmental Quality Council by a letter briefly setting forth the relevant facts.
(iv) The
administrator may modify a permit when:
(A)
Any material or substantial alterations or additions to the facility occur
after permitting or licensing, which justify the application of permit
conditions that are different or absent in the existing permit;
(B) Any modification in the operation of the
facility is capable of causing or increasing pollution in excess of applicable
standards or permit conditions;
(C)
Information warranting modification is discovered after the operation has begun
that would have justified the application of different permit conditions at the
time of permit issuance;
(D)
Regulations or standards upon which the permit was based have changed by
promulgation of amended standards or regulations, or by judicial decision after
the permit was issued;
(E) Cause
exists for termination, as described in this section, but the department
determines that modification is appropriate; or
(F) Modification is necessary to comply with
applicable statutes, standards or regulations.
(v) Minor modifications of permits may occur
with the consent of the permittee without following the public notice
requirements. Minor modifications will become final 20 days from the date of
receipt of such notice. For the purposes of this chapter, minor modifications
may only:
(A) Correct typographical
errors;
(B) Require more frequent
monitoring or reporting by the permittee;
(C) Change an interim compliance date in a
schedule of compliance, provided the new date is not more than 120 days after
the date specified in the existing permit and does not interfere with
attainment of the final compliance date requirement;
(D) Allow for a change in ownership or
operational control of a facility where the administrator determines that no
other change in the permit is necessary, provided that a written agreement
containing a specific date for transfer of permit responsibility, coverage, and
liability between the current and new permittees have been submitted to the
administrator;
(E) Change
quantities or types of fluids injected which are within the capacity of the
facility as permitted and, in the judgment of the administrator, would not
interfere with the operation of the facility or its ability to meet conditions
described in the permit and would not change its classification;
(F) Change construction requirements approved
by the administrator pursuant to department rules and regulations provided that
any such alteration shall comply with the requirements of this chapter;
or
(G) Amend an abandonment
plan.
(vi) The
administrator may revoke and reissue or terminate a permit for any of the
following reasons:
(A) Noncompliance with
terms and conditions of the permit;
(B) Failure in the application or during the
issuance process to disclose fully all relevant facts, or misrepresenting any
relevant facts at any time; or
(C)
A determination that the activity endangers human health or the environment and
can only be regulated to acceptable levels by a permit modification or
termination.
(vii) The
administrator may modify a permit to resolve issues that could lead to the
revocation of the permit under Section
5(b)
(vi) of this chapter. The administrator, as
part of any notification of intent to terminate a permit, shall order the
permittee to proceed with reclamation on a reasonable time period.
If the administrator tentatively decides to modify or revoke and reissue a permit, a draft permit incorporating the proposed changes shall be prepared. The administrator may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits, the administrator shall require the submission of a new application.
(viii) In a permit modification under Section
5(b)
(iv) of this chapter, only those conditions
to be modified shall be reopened when a new draft permit is prepared. All other
aspects of the existing permit shall remain in effect for the duration of the
unmodified permit and the modified permit shall expire on the date when the
original permit would have expired. When a permit is revoked and reissued under
this section, the entire permit is reopened as if the permit has expired and is
being reissued. When the entire permit is reopened, the modified permit shall
be issued for no more than ten (10) years. During any revocation and reissuance
proceeding, the permittee shall comply with all conditions of the existing
permit until a new final permit is issued.
(ix) Permit modifications, revocations or
terminations shall be developed as a draft permit and are subject to the public
notice and hearing requirements outlined in Section 13.
(x) Transfer of a permit is allowed only upon
approval by the administrator. When a permit transfer occurs pursuant to this
section, the permit rights of the previous permittee will automatically
terminate.
(A) The proposed permit holder
shall apply in writing as though that person was the original applicant for the
permit and shall further agree to be bound by all of the terms and conditions
of the permit; and
(B) Transfer
will not be allowed if the permittee is in noncompliance with any term and
conditions of the permit, unless the transferee agrees to bring the facility
back into compliance with the permit.
(c) Permit conditions.
(i) All individual and general permits issued
under this chapter shall contain the following conditions:
(A) A requirement that the permittee comply
with all conditions of the permit, and any permit noncompliance constitutes a
violation of these regulations and is grounds for enforcement action, permit
termination, revocation, or modification;
(B) A requirement that if the permittee
wishes to continue injection activity after the expiration of the permit, the
permittee must apply to the administrator for, and obtain, a new
permit;
(C) A stipulation that 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 this permit;
(D) A requirement that the permittee shall
take all reasonable steps to minimize or correct any adverse impact on the
environment resulting from noncompliance with this permit;
(E) A requirement that the permittee properly
operate and maintain all facilities and systems of treatment and control which
are installed or used by the permittee to achieve compliance with the
conditions of this permit. Proper operation and maintenance includes effective
performance, adequate funding and 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;
(F) A
stipulation that the filing of a request by the permittee, or at the
instigation of the administrator, for a permit modification, revocation,
termination, or notification of planned changes or anticipated non-compliance,
shall not stay any permit condition;
(G) A stipulation that this permit does not
convey any property rights of any sort, or any exclusive privilege;
(H) A stipulation that the permittee shall
furnish to the administrator, within a specified time, any information which
the administrator 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 administrator, upon
request, copies of records required to be kept by the permit;
(I) A requirement that the permittee shall
allow the administrator, or an authorized representative of the administrator,
upon the presentation of credentials, during normal working hours, to enter the
premises where a regulated facility is located, or where records are kept under
the conditions of this permit, and inspect the discharge and related
facilities, review and copy reports and records required by the permit, collect
fluid samples for analysis, measure and record water levels, and perform any
other function authorized by law or regulation;
(J) A requirement that the permittee furnish
any information necessary to establish a monitoring program pursuant to Section
11 of this chapter;
(K) A
requirement that all samples and measurements taken for the purpose of
monitoring shall be representative of the monitored activity, and records of
all monitoring information be retained by the permittee. The monitoring
information to be retained shall be that information stipulated in the
monitoring program established pursuant to the criteria in Section 11 of this
chapter;
(L) A requirement that all
applications, reports, and other information submitted to the administrator
contain certifications as required in Section 6(c) (xii) of this chapter, and
be signed by a person who meets the requirements to sign permit applications
found in Section 6(c) (xi), or for routine reports, a duly authorized
representative;
(M) A requirement
that the permittee give advance notice to the administrator as soon as possible
of any planned physical alteration or additions, other than authorized
operation and maintenance, to the permitted facility and receive authorization
prior to implementing the proposed alteration or addition;
(N) A requirement that any modification which
may result in a violation of a permit condition shall be reported to the
administrator, and any modification that will result in a violation of a permit
condition shall be reported to the administrator through the submission of a
new or amended permit application;
(O) A requirement that any transfer of a
permit must first be approved by the administrator, and that no transfer will
be approved if the facility is not in compliance with the existing permit
unless the proposed permittee agrees to bring the facility into
compliance;
(P) A requirement that
monitoring results shall be reported at the intervals specified elsewhere in
the permit;
(Q) A requirement that
reports of compliance or non-compliance with, or any progress reports on
interim and final requirements contained in any compliance schedule, if one is
required by the administrator, shall be submitted no later than 30 days
following each schedule date;
(R) A
requirement that confirmed noncompliance resulting in the migration of injected
fluid into any zone outside of the permitted receiver must be orally reported
to the administrator within 24 hours, and a written submission shall be
provided within five (5) days of the time the permittee becomes aware of the
excursion. The written submission shall contain:
(I) A description of the noncompliance and
its cause;
(II) The period of
noncompliance, including exact dates and times, and, if the noncompliance has
not been controlled, the anticipated time it is expected to continue;
and
(III) Steps taken or planned to
reduce, eliminate, and prevent reoccurrence of the noncompliance.
(S) A requirement that the
permittee report all instances of noncompliance not already required to be
reported under paragraphs (c) (i) (P) through (R) of this section, at the time
monitoring reports are submitted. The reports shall contain the information
listed in paragraph (c) (i) (R) of this section;
(T) A requirement that in the situation 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 administrator, the permittee shall promptly submit such
facts or information;
(U) A
requirement that the injection facility meet construction requirements outlined
in Section 10 of this chapter, and that the permittee submit notice of
completion of construction to the administrator and allow for inspection of the
facility upon completion of construction, prior to commencing any injection
activity;
(V) A requirement that
the permittee notify the administrator at such times as the permit requires
before conversion or abandonment of the facility;
(W) A requirement that an abandonment report,
detailing the compliance abandonment procedures outlined the original permit
application, or describing any deviations from the original plan, be submitted
as soon as practicable after abandonment; and
(X) A requirement that injection may not
commence until construction is complete.
(ii) In addition to the conditions required
of all permits, the administrator may establish, on a case-by-case basis,
conditions as required for monitoring, schedules of compliance, and such
additional conditions as are necessary to prevent the migration of fluids into
underground sources of drinking water.
(d) Records and reports required for general and individual permits.
(i) The permittee
shall submit a written report to the administrator of all remedial work
concerning the failure of equipment or operational procedures which resulted in
a violation of a permit condition, at the completion of the remedial
work.
(ii) Routine periodic reports
required by the permit shall be submitted to the administrator within 30 days
following the end of the period covered in the report. Reports shall include
the following information:
(A) If the permit
requires, an accounting of the total volume of injectate for the period covered
by the report, the year to date, and the life of the facility to date;
and
(B) An analysis of the
physical, chemical and other relevant characteristics of the injected
fluid.
(iii) For any
aborted or curtailed operation, in lieu of an annual report, a complete report
shall be submitted within 30 days of complete termination of the discharge or
associated activity.
(iv) The
permittee shall retain all monitoring records required by the permit for a
period of three (3) years following facility closure.
Disclaimer: These regulations may not be the most recent version. Wyoming may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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