Section 1772.1.4 - Idle Well Testing Compliance Work Plan(a) Notwithstanding the timeframes specified in Section 1772.1(a)(2) and (a)(3), for all wells that are idle wells as of April 1, 2019, the operator shall conduct a pressure test and clean out tag as described under those subdivisions by April 1, 2025, unless the well is plugged and abandoned, partially plugged and abandoned, or scheduled for plugging and abandonment under an approved Idle Well Management Plan or Testing Waiver Plan. By June 1, 2019, the operator shall provide the Division with a Testing Compliance Work Plan that schedules completion of this testing over the six-year period in accordance with the requirements of this section.(b) The operator's Testing Compliance Work Plan shall schedule a pressure test and a clean out tag, as described in Section 1772.1(a)(2) and (a)(3), for each well that is an idle well as of April 1, 2019, but the Testing Compliance Work Plan shall exclude any well scheduled for plugging and abandonment under an approved Idle Well Management Plan or Testing Waiver Plan. The Testing Compliance Work Plan shall include the following required annual benchmarks: (1) Testing shall be completed on at least 5 percent of all of the wells covered by the Testing Compliance Work Plan by April 1, 2020.(2) Testing shall be completed on at least 15 percent of all of the wells covered by the Testing Compliance Work Plan by April 1, 2021.(3) Testing shall be completed on at least 30 percent of all of the wells covered by the Testing Compliance Work Plan by April 1, 2022.(4) Testing shall be completed on at least 50 percent of all of the wells covered by the Testing Compliance Work Plan by April 1, 2023.(5) Testing shall be completed on at least 75 percent of all of the wells covered by the Testing Compliance Work Plan by April 1, 2024.(6) Testing shall be completed on all of the wells covered by the Testing Compliance Work Plan by April 1, 2025.(7) At least one well shall be scheduled for testing in each year until initial testing is completed on all wells covered by the Testing Compliance Work Plan.(c) The operator shall prioritize the testing of wells based on the considerations listed in Section 1772.4, and the operator's Testing Compliance Work Plan shall include notes indicating the basis for prioritizing wells. The Division will review the Testing Compliance Work Plan upon submission and periodically after that, and the Division may adjust the order of wells to be tested based on the considerations listed in Section 1772.4.(d) If, subsequent to submission of the Testing Compliance Work Plan, wells that were idle wells as of April 1, 2019, are transferred from one operator to another or scheduled for plugging and abandonment under an approved Idle Well Management Plan or Testing Waiver Plan, then the operator shall submit a revised Testing Compliance Work Plan to the Division within 90 days.(e) For purposes of determining whether the operator has complied with the annual benchmarks specified in subdivision (b), proper plugging and abandonment or partial plugging and abandonment of a well amounts to completion of testing. Testing conducted prior to April 1, 2019, will be accepted for compliance with this section, provided that the test was conducted in accordance with the parameters specified in Sections 1772.1 and 1772.1.1. If a well has been an idle well for less than two years as of April 1, 2019, then completion of the clean out tag is not required until eight years from the date the well became an idle well, and a clean out tag is not required for completion of testing under the Testing Compliance Work Plan.(f) If the operator does not complete testing on the number of wells required under subdivision (b), then each well that the operator failed to test constitutes a separate violation and is subject to the requirements of Section 1772.1(b).(g) Once testing is completed for an idle well covered by the Testing Compliance Work Plan, subsequent testing of the idle well shall be conducted in accordance with the timeframes for repeat testing specified in Section 1772.1(a)(2) and (a)(3). Wells that become idle wells after April 1, 2019, shall be tested in accordance with the timeframes specified in Section 1772.1.Cal. Code Regs. Tit. 14, § 1772.1.4
1. New section filed 3-20-2019; operative 4-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 12). Note: Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3106 and 3206.1, Public Resources Code.
1. New section filed 3-20-2019; operative 4/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 12).