(a) Corrective actions are: - (i) Needed when a well is improperly sealed, completed, or abandoned, in which case:
- (A) Operators shall provide the well information, as required in Section 5(c)(i), (ii) and (iii) of this Chapter, and the corrective action plan as required in Section 5(c) (viii) of this Chapter. Where the Administrator's review of the plan indicates that the operator's plan is inadequate (based on the factors presented below), the Director shall require the operator to revise the plan, prescribe a plan for corrective action as a term and condition of the permit, or deny the application.
- (B) In determining the adequacy of corrective action proposed by the operator and in determining the additional steps needed to prevent fluid movement into an unauthorized zone, the following criteria and factors shall be considered by the Administrator:
- (I) Nature and volume of injected fluid;
- (II) Nature and volume of recovery fluid;
- (III) Nature and volume of native groundwater;
- (IV) Compatibility of injected and recovery fluid and native groundwater;
- (V) Potentially affected population;
- (VI) Geology, including geomechanical properties of coal and overburden;
- (VIII) Proposed method of operation as required by Section 5(c) (i) of this Chapter or history of the injection operation if the corrective action is needed in response to amending new wells into an existing operation;
- (IX) Completion and plugging records;
- (X) Plugging procedures in effect at the time the well was abandoned;
- (XI) Hydraulic connections with unauthorized zones.
- (ii) Needed if any water quality monitoring of an USW or unauthorized zone indicates the movement of any contaminant into an USW or unauthorized zone, except as specifically authorized in the approved permit or Research and Development License, in which case, the Administrator shall prescribe such additional requirements for construction, corrective action, operation, monitoring or reporting (including closure of the injection or recovery well and/or limitation of injection pressures) as are necessary to prevent such movement. These additional requirements shall be imposed by requiring the operator to revise the permit or Research and Development License, the permit or Research and Development License may be revoked, or appropriated enforcement actions may be taken if the permit or Research and Development License has been violated.
- (iii) The status of corrective action on defective wells shall be reported in accordance with the requirements of Section 15 of this Chapter.
(b) Compliance Schedule. When appropriate, a permit or license may include, or be revised to include, a compliance schedule leading to compliance with the applicable statutes and regulations. The schedule shall be applicable whether the operator is continuing or ceasing regulated activities. - (i) Any compliance schedule shall require compliance as soon as possible, and in no case later than 3 years after the date the schedule is put into effect. In addition:
- (A) The schedule shall set forth interim requirements, the dates for their achievement, and a projected date of compliance with the requirements;
- (B) The time between interim dates shall not exceed 1 year; and
- (C) The schedule shall specify dates for the submission of progress reports, no later than 30 days following interim date and the final date of compliance.
(c) Emergency and Remedial Response Plan. As part of the permit application, the operator must provide the Administrator with an emergency and remedial response plan that describes actions to be taken to address movement of the injection or recovery fluids, or formation fluids that may cause an endangerment to a USW or threaten human health, safety, or the environment during construction, operation, closure, and post-closure periods. - (i) The emergency and remedial response plan must be reviewed and updated, as necessary. Any changes in the well field, operational and/or maintenance activities may trigger a review. At a minimum, the plan shall be reviewed every five years.
(d) Emergency Response. If monitoring data, or other evidence obtained by the operator indicate that the recovery fluid; production pressure, temperature or flow; cavity growth; or operation of surface facilities endangers a USW or threatens human health, safety, or the environment, the operator must: - (i) Immediately initiate safety measures, as per the emergency response plan;
- (ii) Take all steps reasonably necessary to identify and characterize the danger; and
- (iii) As soon as practical, provide verbal notice to the Department of any excursion.
- (iv) If required by the Department, provide written notice of the excursion to all surface owners, mineral claimants, mineral owners, lessees and other owners of the record of subsurface interests within 30 days.
- (v) Implement the emergency and remedial response plan, as approved by the Administrator.
(e) The Administrator may allow the operator to resume injection prior to remediation if the operator demonstrates that the operation will not endanger USWs or otherwise threaten human health, safety, or the environment.
020-18 Wyo. Code R. § 18-20
Adopted, Eff. 11/13/2018.