Section 305.154 - Standards(a) In addition to other standard permit conditions listed elsewhere in this chapter, the following conditions and other applicable standards listed in Chapter 331 of this title (relating to Underground Injection Control) shall be incorporated into each permit expressly or by reference to this chapter. The commission may impose stricter standards where appropriate. (1) Construction requirements. Section 331.62 and § 331.82 of this title (relating to Construction Standards; and Construction Requirements).(2) Compliance schedule. See § 305.127(3)(E) of this title (relating to Conditions to be Determined for Individual Permits).(3) Construction plans. Changes in construction plans shall be approved under § 331.45 of this title (relating to Executive Director Approval of Construction and Completion), or, by minor modification according to § 305.72 of this title (relating to Underground Injection Control (UIC) Permit Modifications at the Request of the Permittee).(4) Commencing operations. Commencement of injection operations before approval by the executive director of construction and completion is a violation of the permit and may be considered grounds for revocation or suspension of the permit, and for enforcement action. Except for new wells authorized by an area permit under subsection (b) of this section, a new injection well may not commence injection until construction is complete, and:(A) the permittee has submitted notice of completion of construction to the executive director; and(B) the executive director has inspected or otherwise reviewed the new injection well and finds it complies with the conditions of the permit; or(C) the permittee has not received notice from the executive director of intent to inspect or otherwise review the new injection well within 13 days of the date of the notice in subparagraph (A) of this paragraph, in which case prior inspection or review is waived and the permittee may commence injection. The executive director shall include in the notice a reasonable time period in which he shall inspect the well.(D) for Class I wells, submission of the completion report required by § 331.65(b)(1) of this title (relating to Reporting Requirements) shall constitute the notice required in subparagraph (A) of this paragraph.(5) Operating requirements. Section 331.63 and § 331.83 of this title (relating to Operating Requirements).(6) Monitoring and reporting. All permits shall specify requirements concerning the proper use, maintenance and installation, when appropriate, of monitoring equipment or methods including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including when appropriate, continuous monitoring. Reporting shall be no less frequent than specified in the appropriate sections of Chapter 331 of this title: Section 331.64 of this title (relating to Monitoring and Testing Requirements and § 331.65 of this title; § 331.84 and § 331.85 of this title (relating to Monitoring Requirements; and Reporting Requirements); or Chapter 331, Subchapter F of this title (relating to Standards for Class III Well Production Area Development).(7) Closure. The permittee shall notify the executive director and obtain approval before plugging an injection well. After failing to operate for a period of two years, the owner or operator shall close the well in accordance with an approved plan unless: (A) notice is provided to the executive director; and(B) actions and procedures are described, satisfactory to the executive director, that the owner or operator will take to ensure that the well will not endanger underground sources of drinking water during the period of temporary abandonment. These actions and procedures shall include compliance with the technical requirements applicable, unless waived by the executive director.(8) Corrective action requirements. Section 331.44 of this title (relating to Corrective Action Standards) and § 305.152 of this title (relating to Corrective Action).(9) Financial assurance requirements. The permittee is required to demonstrate and maintain financial responsibility and resources to close, plug, and abandon in accordance with Chapter 37, Subchapter Q of this title (relating to Financial Assurance for Underground Injection Control Wells). The permittee shall show evidence of such financial responsibility to the executive director.(10) Post-closure requirements. Section 331.68 of this title (relating to Post-Closure Care).(11) Liability coverage requirements. The permittee of hazardous waste injection wells shall maintain sufficient liability coverage for bodily injury and property damage to third parties that is caused by sudden and non-sudden accidents in accordance with Chapter 37, Subchapter Q of this title.(b) Area permits shall specify: (1) The area within which underground injections are authorized.(2) The requirements for construction, monitoring, reporting, operation, and abandonment for all wells authorized by the permit.(3) The area permit may authorize the permittee to construct and operate, convert, or plug and abandon wells within the permit area provided: (A) the permittee notifies the executive director at such time as the permit requires;(B) the additional well satisfies the criteria in § 331.7(b) of this title (relating to Permit Required) and meets the requirements specified in the permit under paragraphs (1) and (2) of this subsection; and(C) the cumulative effects of drilling and operation of additional injection wells are considered by the executive director during evaluation of the area permit application and are acceptable to the executive director.(4) If the executive director determines that any well constructed pursuant to paragraph (3) of this subsection does not satisfy any of the requirements of this subsection, the executive director may amend, terminate, or take enforcement action. If the executive director determines that cumulative effects are unacceptable, the permit may be amended under § 305.62 of this title (relating to Amendments).(5) Permit range table. The high and low values for each aquifer restoration parameter are identified in § 331.104(b) of this title (relating to Establishment of Baseline and Control Parameters for Excursion Detection). All values shall be determined in accordance with the requirements of § 305.49(a)(10) of this title (relating to Additional Contents of Application for an Injection Well Permit).30 Tex. Admin. Code § 305.154
The provisions of this §305.154 adopted to be effective June 19, 1986, 11 TexReg 2598; amended to be effective July 5, 1989, 14 TexReg 3046; amended to be effective February 11, 1997, 22 TexReg 1169; amended to be effective March 21, 2000, 25 TexReg 2368; amended to be effective November 23, 2000, 25 TexReg 11415; amended by Texas Register, Volume 39, Number 49, December 5, 2014, TexReg 9585, eff. 12/11/2014