25 Pa. Code § 78a.102 - Criteria for approval of inactive status

To obtain inactive status, the applicant shall affirmatively demonstrate to the Department's satisfaction that:

(1) The condition of the well is sufficient to:

(i) Prevent damage to the producing zone or contamination of fresh water or other natural resources or surface leakage of substances.

(ii) Stop the vertical flow of fluid or gas within the well bore.

(iii) Protect fresh groundwater.

(iv) Pose no threat to the health and safety of persons, property or the environment.

(2) The well complies with one of the following:

(i) The well meets casing and cementing requirements of §§ 78a.81-78a.83, 78a.83a, 78a.83b, 78a.83c and 78a.84-78a.86.

(ii) For wells not drilled in conformance with casing and cementing requirements of §§ 78a.81-78a.83, 78a.83a, 78a.83b, 78a.83c and 78a.84-78a.86, and for the purpose of the annual monitoring of wells granted inactive status as required under § 78a.103 (relating to annual monitoring of inactive wells), the applicant demonstrates that:

(A) For oil and gas wells equipped with surface casing, the operator shall demonstrate that the liquid level in the well bore is maintained at a level at no higher than the water protection depth. For purposes of this clause where oil or gas bearing formations are encountered less than 100 feet below the surface casing seat, the water protection depth shall be that point midway between the top of the oil or gas bearing formation and the surface casing seat.

(B) If the liquid level in an oil or gas well equipped with surface casing stands above the water protection depth and below the groundwater table depth, the operator shall test the liquid to determine its quality. If the liquid has a total dissolved solids content or conductivity generally equivalent to fresh groundwater in the immediate area, the casing is assumed to be either leaking or not set deep enough to shut off groundwater, and mechanical integrity is not demonstrated and inactive status will not be granted unless the operator demonstrates that the well is in compliance with the shut-in portion of the mechanical integrity test requirements of the Under Ground Injection Control program under the Safe Drinking Water Act (42 U.S.C.A. §§ 300f-300j-26). If the liquid has a total dissolved solids content or conductivity equivalent to the production formation or production liquid, mechanical integrity is considered to be demonstrated.

(C) For oil wells not equipped with surface casing or for oil wells equipped with surface casing that cannot be approved for inactive status under clause (A) or (B), the operator shall modify the well to meet one of the following:

(I) The operator shall set a string of casing on a packer sufficiently deep to isolate the fresh groundwater system. The casing shall be set to the water protection depth for wells in the area, and the requirements of clause (A) or (B) shall be met.

(II) The operator has set a temporary plug or mechanical seal at the water protection depth and isolated the fresh groundwater system. The operator may demonstrate the integrity of the plug by demonstrating that water standing above the plug is, and continues to be, fresh water not contaminated by production fluids, or by other means acceptable to the Department.

(III) The operator shall fill the well with a freshwater bentonite gel or other material approved by the Department which will restrict vertical migration of gas or fluids in the well bore. The operator shall monitor the gel level and report significant changes to the Department on an annual basis and take remedial action approved by the Department.

(D) For gas wells equipped with production casing separate from the surface casing, the annulus between the surface or coal protective casing and the production casing is vented to the atmosphere. The owner or operator of a well granted inactive status under this clause shall monitor the annular vents for gas flow volumes. If the gas flow volume exceeds 5,000 cubic feet per day, the owner or operator shall notify the Department and take remedial action approved by the Department.

(E) For gas wells not equipped with separate production casing, but with cemented or uncemented surface casing present, the produced gas shut-in pressure is less than the pressure necessary to cause gas migration into the adjacent formation at the surface casing seat. Compliance with this condition may be demonstrated by mechanical tests of the casing and by evidence that the gas wellhead shut-in pressure does not exceed 0.433 psi per foot of surface or coal protective casing depth.

(3) If gas exists at an inactive oil well, the operator may vent the gas to the atmosphere or equip the well to confine the gas to the producing formation. If this gas flow is greater than 5,000 cubic feet per day, the owner or operator shall notify the Department and take remedial action approved by the Department.

(4) The applicant shall certify that the well is of future utility and shall present a viable plan for utilizing the well within a reasonable time. In addition to providing information to demonstrate compliance with paragraphs (1) and (2), the application for inactive status must include the following:

(i) A plan showing when the well will be used.

(ii) A certification identifying that one of the following applies:

(A) Significant reserves remain in place and the operator plans to produce the well.

(B) The well will be used as a disposal well.

(C) The well will be used as a storage well.

(D) The well will be used as an observation well.

(E) The well will be used as a secondary or tertiary recovery injection well or that the well will be used for other purposes specified by the applicant.

(iii) Other information necessary for the Department to make a determination on inactive status.

Notes

25 Pa. Code § 78a.102

This section cited in 25 Pa. Code § 78a.91 (relating to general provisions); 25 Pa. Code § 78a.101 (relating to general provisions); 25 Pa. Code § 78a.103 (relating to annual monitoring of inactive wells); 25 Pa. Code § 78a.104 (relating to term of inactive status); and 25 Pa. Code § 78a.105 (relating to revocation of inactive status).