020-27 Wyo. Code R. §§ 27-6 - Permits and Permit Applications

(a) It is the operator's responsibility to make application for and obtain a permit in accordance with these regulations. Each application must be submitted with all supporting data.

(b) All permits issued under this chapter, whether individual permits, or general permits, shall be for no more than ten (10) years duration.

(c) 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.

(d) 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.

(e) 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.

(f) A complete application for a Class I well shall include:

(i) A brief description of the nature of the business and the activities to be conducted that require the applicant to obtain a permit under this chapter.

(ii) The name, address and telephone number of the operator, and the operator's ownership status and status as a Federal, State, private, public or other entity.

(iii) The name address and telephone number of the facility. Additionally, the location of the facility shall be identified by section, township, range and county, and whether or not it is located on Indian lands.

(iv) A calculation of the area of review, which requires the calculation of the cone of influence and the area of the ultimate limit of emplaced waste.

(A) The formula for determining the cone of influence is:

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r= Radius of the cone of influence of an injection well (feet)

K = Hydraulic conductivity of the injection zone (feet/day)

H = Thickness of the injection zone (feet)

t = Time of injection (days)

S = Storage coefficient (dimensionless)

Q = Injection rate (cubic feet/day)

B = Original hydrostatic head of injection zone (feet) measured from the base of the injection zone

W = Hydrostatic head of underground source of drinking water (feet) measured from the base of the injection zone

G = Specific gravity of fluid in the injection zone (dimensionless)

P = 3.142 (dimensionless)

(B) A volume calculation to determine the maximum area that the injected waste could occupy shall be submitted on all new Class I wells. This calculation determines the total amount of void space around the well and assumes that the injected fluid completely displaces the formation water.

(C) A Class I non-hazardous waste well's area of review shall never be less than one-quarter (1/4) mile, the cone of influence, or the area of emplaced waste, whichever is greatest.

(D) A Class I hazardous waste well's area of review shall never be less than two (2) miles, the cone of influence, or the area of emplaced waste, whichever is greatest.

(E) All Areas of Review shall be legally described by township, range and section to the nearest quarter quarter of a section.

(v) Information about the proposed facility, including:

(A) A description of the substances proposed to be discharged, including type, source, and chemical, physical, radiological and toxic characteristics; and

(B) Construction and engineering details in accordance with Section 12 of this chapter.

(vi) Information, including the name, description, depth and geology of the receiver and confining zone and the hydrology, fluid chemistry, fluid pressure, temperature, fracture pressure and the total dissolved solids (TDS) in the receiver.

(vii) Water quality information, including background water quality data, which will facilitate the classification of any groundwaters which may be affected by the proposed discharge. This must include information necessary for the Water Quality Division to classify the receiver as class VI under Chapter 8 Section 4(d)(9) of the Wyoming Water Quality Rules and Regulations.

(viii) A topographic and other pertinent maps, extending at least one (1) mile beyond the property boundaries of the facility, but never less than the area of review, depicting:

(A) The facility and each of its intake and discharge structures;

(B) Each of its hazardous waste treatment, storage, or disposal facilities;

(C) Each well where fluids from the facility are injected underground;

(D) Other wells, springs, and surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within a minimum one-quarter (1/4) mile of the facility property boundary, or further, as the administrator may determine is necessary; and

(E) General geology and hydrogeology in the area.

(ix) A list of other relevant permits, whether federal or state, that the facility has been required to obtain, such as construction permits.

(x) A listing of all wells that penetrate the confining zone and are within the area of review, and records of plugging or completion, sufficient to satisfy the administrator as to the adequacy of the plugging or completion.

(A) For those wells that the administrator determines have not been adequately plugged, completed, or abandoned, or for wells which lack supporting information, the applicant shall also submit a plan to prevent movement of fluids into Underground Source of Drinking Waters through these wells, and this plan, after approval or modification by the administrator, shall be incorporated as a permit condition.

(xi) Detailed plans for:

(A) Monitoring volume and chemistry of the discharge, and water quality of water wells within the area of review;

(B) Monitoring injection and annular pressures in the well, to minimize the potential for fracturing of the confining zone and below the receiver; and

(C) Corrective action to cope with alarms, shut-downs, malfunctions or well failures, so as to prevent endangerment of groundwater.

(xii) Information sufficient to demonstrate mechanical integrity of the well, and compatibility between the proposed discharge and the well material.

(xiii) Information sufficient to demonstrate compliance with Sections 12, 14, 15, 16, 17 and 19 of this chapter.

(xiv) All applications for permits shall be signed by a responsible officer as follows:

(A) For a corporation - by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:

(1.) A President, Secretary, Treasurer, or Vice President of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or

(2.) The manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(B) For a partnership or sole proprietorship -- by a general partner or the proprietor, respectively;

(C) For a municipality, state, federal or other public agency -- by either the principal executive officer or ranking elected official.

(xv) The application shall contain the following certification by the person signing the application:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(xvi) All relevant data used to complete permit applications shall be kept for a minimum of three (3) years from the date of signing.

(g) For Class V facilities the following are applicable:

(i) A permit is required.

(ii) Construction, installation, modifications or operation of Class V facilities shall be allowed only in accordance with these regulations.

(iii) Discharges into, or construction of, any Class V facility are prohibited unless permitted pursuant to this chapter.

(iv) 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 that 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.

(v) 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.

(vi) 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.

(h) Permit conditions and contents.

(i) All Class I permits issued under this chapter shall contain the following conditions:

(A) A requirement that the injection pressure shall be limited to the fracture pressure of the receiver, except as necessary during well stimulation, and, within one (1) year of the issuance of the permit, the operator shall conduct a step-rate injection test to determine the actual fracture pressure of the receiver.

(B) A requirement that mechanical integrity shall be maintained continuously and be reviewed at least every five (5) years. The test used to determine mechanical integrity shall be a two-part test approved by the administrator, who shall approve only those tests that have been approved first by the U.S. Environmental Protection Agency's Office of Drinking Water.

(I) Part one of the mechanical integrity test shall demonstrate the absence of leaks through the packer, tubing, casing, and well head.

(II) Part two of the mechanical integrity test shall demonstrate the absence of fluid movement behind the casing.

(III) Proposed mechanical integrity tests that have not yet been approved shall be submitted to the administrator who shall forward the information to the U.S. Environmental Protection Agency's Office of Drinking Water along with a request for approval, if, in the administrator's opinion, it will adequately determine mechanical integrity of the well system. A previously unauthorized mechanical integrity test submitted for approval shall include:

(1.) The proposed method for demonstrating the lack of significant leaks in the well;

(2.) The proposed method for showing the absence of significant fluid movement; and

(3.) Any technical data supporting the use of this test.

(C) A Class I well that cannot demonstrate mechanical integrity shall be shut down until such time as the mechanical integrity has been restored.

(D) A requirement that the packer be set within five-hundred (500) feet of the top of the receiver, unless the administrator allows some other specific interval to be used to set the packer, but always within the zone covered by excellent cement bond as shown by the cement bond log.

(ii) Special conditions for Class I hazardous waste wells.

(A) All Class I hazardous waste wells permitted under this chapter shall be subject to the special permit conditions listed below in addition to the conditions applicable to all Class I well permits in this chapter.

(B) All hazardous waste injection permits issued under this chapter shall include the following conditions:

(I) A requirement that the operator shall maintain a casing/tubing annulus pressure that exceeds the operating injection pressure, unless the administrator determines that such a requirement might harm the integrity of the well. The fluid used in the casing/tubing annulus shall be noncorrosive, and shall contain a corrosion inhibitor.

(II) A requirement that the operator shall follow special procedures when wastes have the potential to react with the injection formation or to generate gases either during or after injection. These procedures may take the form of special permit conditions that limit the temperature or pH of the injected waste and require the operator to follow procedures necessary to assure that pressure imbalances which might cause a backflow or blowout do not occur.

(III) A requirement that the operator shall install, maintain, and use continuous recording devices to monitor the injection pressure, flow rate, temperature, of injected fluids and pressure on the casing/tubing annulus, and shall install and use automatic alarm and shut-off systems designed to shut down the well when pressures, flow rates, and other parameters approved by the administrator exceed the range specified in the permit.

(IV) A requirement that the operator have a trained operator onsite at all times the well is operating.

(V) A requirement that if an automatic alarm or shutdown is triggered, the operator shall immediately investigate and identify as early as possible, the cause of the alarm or shutdown. If, upon such investigation, or if required monitoring indicates, that the well is lacking in mechanical integrity, the operator shall:

(1.) Cease all injections of waste fluids immediately.

(2.) Take all necessary steps to determine the presence or absence of a leak.

(3.) Notify the administrator within twenty-four (24) hours after the alarm or shutdown, using procedures and criteria listed in paragraph (h)(iii)(Q) of this section.

(4.) The operator shall restore and demonstrate, to the satisfaction of the administrator, mechanical integrity prior to resuming injection activities.

(VI) A requirement that whenever the operator obtains evidence that there may have been a release of injected wastes into an unauthorized zone, regardless of whether or not an automatic alarm or shutdown was triggered, the operator shall:

(1.) Immediately cease all injection activities.

(2.) Notify the administrator pursuant to the procedures outlined in paragraph (h)(iii)(Q) of this section. In addition to the information required by paragraph (h)(iii)(Q) of this section, the operator shall also include, as part of the written submission, a proposed remedial action plan, designed to minimize the adverse impact of the unauthorized release.

(3.) Comply with the requirements of any remedial action plan approved by the administrator.

(4.) Where the unauthorized release is into a Class I aquifer, as classified under Chapter 8, Quality Standards for Wyoming Groundwaters, Water Quality Rules and Regulations, which is currently serving as a water supply, the operator shall place a notice, describing the unauthorized release and the actions taken, in a newspaper of general circulation in the locality of the release.

(5.) The administrator may allow the operator to resume injection prior to completion of cleanup operations if the operator demonstrates, to the satisfaction of the administrator, that the injection activity will not endanger any Underground Source of Drinking Waters.

(VII) A requirement that the operator notify the administrator and obtain his approval prior to conducting any well workover.

(VIII) A requirement that the operator comply with the following federal regulations contained in 40 CFR 264 or applicable state hazardous waste regulations:

(1.) Identification numbers.

(2.) Recordkeeping and reporting for manifested wastes.

(3.) Manifest discrepancies.

(4.) Operating record requirements.

(5.) Annual reporting requirements and unmanifested waste reports.

(6.) Personnel training requirements.

(IX) When abandonment is completed, the operator must submit to the administrator certification by the operator and certification by an independent registered professional engineer that the facility has been closed in accordance with the specifications detailed in the closure plan in Section 17 of this chapter.

(iii) 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 15 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 15 of this chapter.

(L) A requirement that all applications, reports, and other information submitted to the administrator contain certifications as required in Section 6(f) (xv) of this chapter, and be signed by a person who meets the requirements to sign permit applications found in Section 6(f) (xiv), 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 thirty (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 (h) (iii) (P) through (R) of this section, at the time monitoring reports are submitted. The reports shall contain the information listed in paragraph (h) (iii) (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 in the original permit application, or describing any deviations from the original plan, be submitted as soon as practicable after abandonment, and is complete.

(X) A requirement that injection may not commence until construction is complete.

(Y) 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.

Notes

020-27 Wyo. Code R. §§ 27-6

Adopted, Eff. 9/15/2015. Amended, Eff. 12/3/2018.