020-24 Wyo. Code R. §§ 24-9 - Permit Conditions

(a) Permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the incorporated conditions shall be given in the permit.

(b) All permits issued under this Chapter shall contain the following conditions:

(i) A requirement that the permittee complies with all conditions of the permit, and a statement that any permit noncompliance constitutes a violation of these regulations and is grounds for enforcement action, permit termination, revocation and reissuance, or modification, or for denial of a permit renewal application;

(ii) 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;

(iii) 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;

(iv) A requirement that the permittee properly operates and maintains all facilities and systems of treatment and control, and related appurtenances, that 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;

(v) 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;

(vi) A stipulation that the permit does not convey any property rights of any sort, or any exclusive privilege;

(vii) A stipulation that the permittee shall furnish to the Administrator, within a specified time, any information that the Administrator requests 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;

(viii) 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:

(A) Inspect the discharge and related facilities, practices, or operations regulated or required under this permit;

(B) Review and copy reports and records required by the permit;

(C) Collect fluid samples for analysis for the purposes of ensuring permit compliance or as otherwise authorized by the Wyoming Environmental Quality Act of any substances or parameters at any location;

(D) Measure and record water levels;

(E) Collect resource data as defined by W.S. § 6-3-414; and

(F) Perform any other function authorized by law or regulation.

(ix) A requirement that:

(A) If the facility is located on property not owned by the permittee, the permittee shall also secure from the landowner upon whose property the facility is located permission for Department personnel and their invitees to enter the premises where the facility is located, or where records are kept under the conditions of this permit, and collect resource data as defined by W.S. § 6-3-414, inspect and photograph the facility, collect samples for analysis, review records, and perform any other function authorized by law or regulation. The permittee shall secure and maintain such access for the duration of the permit and the post-injection site care and site closure period; and

(B) If the facility cannot be directly accessed using public roads, the permittee shall also secure permission for Department personnel and their invitees to enter and cross all properties necessary to access the facility. The permittee shall secure and maintain such access for the duration of the permit and the post-injection site care and site closure period;

(x) A requirement that the permittee furnishes any information necessary to establish a testing and monitoring pursuant to Section 20 of this Chapter. Conditions shall specify:

(A) Required monitoring including type, intervals, and frequency sufficient to yield data that are representative of the monitored activity including when appropriate, continuous monitoring;

(B) Requirements concerning the proper use, maintenance, and installation, of monitoring equipment or methods, including biological monitoring methods; and

(C) Reporting and notice requirements based upon the impact of the regulated activity and as specified in Section 22 of this Chapter. Reporting shall be no less frequent than specified in Section 22 of this Chapter;

(xi) A requirement that all samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity and that records of all monitoring information be retained by the permittee;

(xii) A requirement that all applications, reports, and other information submitted to the Administrator contain the certifications required in Section 10(d) of this Chapter by a responsible corporate officer;

(A) A responsible corporate officer, as defined in Section 2(mm) of this Chapter, may authorize an individual or a position that does not meet the requirements of subparagraphs (i), (ii), (iii), or (iv) of Section 2(mm) to act as a "duly authorized representative." To authorize a duly authorized representative:

(I) A person who meets the requirements of subparagraph (i), (ii), (iii), or (iv) of Section 2(mm) shall authorize the duly authorized representative in writing;

(II) The authorization shall specify an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility; and

(III) The responsible corporate officer shall submit the written authorization to the Administrator.

(B) If an authorization under subparagraph (A) of this subparagraph is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, the responsible corporate official shall notify the Administrator that the authorization is no longer accurate or shall submit to the Administrator a new authorization satisfying the requirements of subparagraph (A) of this subparagraph prior to or together with any reports, or information to be signed by a duly authorized representative.

(xiii) 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 from the Administrator prior to implementing the proposed alteration or addition;

(xiv) A requirement that any modification that 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;

(xv) A requirement that any transfer of a permit shall first be approved by the Director, 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;

(xvi) A requirement that monitoring results shall be reported at the intervals specified in the permit;

(xvii) A requirement that reports of compliance or non compliance, 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;

(xviii) The following reporting and mitigation requirements:

(A) If any monitoring or other information indicates that any contaminant, the injected carbon dioxide stream, displaced formation fluids, or associated pressure front may endanger a USDW or threaten human health, safety, or the environment, the permittee shall:

(I) Immediately cease injection;

(II) Take all steps reasonably necessary to identify and characterize any release;

(III) Orally notify the Administrator within twenty-four (24) hours of discovering the condition; and

(IV) Provide a written report to the Administrator within five (5) days of discovering the condition. The written report shall contain:

(1.) A description of the endangerment and its cause;

(2.) The period of endangerment, including exact dates and times, and, if the endangerment has not been controlled, the anticipated time it is expected to continue; and

(3.) The steps taken or planned to reduce, eliminate, and prevent reoccurrence of the endangerment;

(B) If the permittee discovers any noncompliance with a permit condition or a requirement of this Chapter that may cause fluid migration into or between USDWs, any malfunction of the injection system that may cause fluid migration into or between USDWs, or any excursion, the permittee shall:

(I) Orally notify the Administrator within twenty-four (24) hours of discovering the condition;

(II) Provide a written report to the Administrator within five (5) days of discovering the condition, which shall contain:

(1.) A description of the noncompliance, malfunction, or excursion and its cause;

(2.) The period of noncompliance, malfunction, or excursion, including exact dates and times, and, if the noncompliance, malfunction, or excursion has not been controlled, the anticipated time it is expected to continue; and

(3.) The steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, malfunction, or excursion.

(III) If an excursion is discovered, provide written notice to all surface owners, mineral claimants, mineral owners, lessees, and other owners of record of subsurface interests within thirty (30) days of discovering the excursion; and

(IV) Implement the emergency and remedial response plan approved by the Administrator;

(xix) A requirement that the permittee report all instances of noncompliance not already required to be reported under subparagraph (b)(xix)(B) of this Section, at the time monitoring reports are submitted. The reports shall contain the information listed in subparagraph (b)(xix)(B)(II) of this Section;

(xx) A requirement that if 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;

(xxi) A requirement that the injection facility meet construction requirements outlined in Section 14 of this Chapter, that the permittee submit a notice of completion of construction to the Administrator, and that the permittee allows the Administrator to inspect the facility upon completion of construction and prior to commencing any underground injection activity;

(xxii) A requirement that the permittee notifies the Administrator before conversion or abandonment of the facility. Conversion refers to converting a Class VI well to a Class I, II or V well. The permittee shall apply for a permit for Class I and V as specified in WQR Chapter 27 or Class II through the Wyoming Oil and Gas Conservation Commission. Upon receipt of the Class I, II or V permit, the permittee shall request the permit be terminated as outlined in Section 4(d);

(xxiii) A requirement that injection shall not commence until construction is complete, and that construction is complete when:

(A) The permittee has submitted a notice of completion of construction to the Administrator; and

(B) The Administrator has inspected or reviewed the injection well and found it is in compliance with the conditions of the permit;

(I) Within thirteen (13) days of the date of the notice in subparagraph (xxii) of this paragraph, the Administrator shall provide notice to the permittee of the intent to inspect or review the injection well. The notice shall include a reasonable time period in which the Administrator shall inspect or review the well; but

(II) If the Administrator does not provide the notice required by subparagraph (I) of this subparagraph, the requirement for prior inspection or review is waived, and the permittee may commence injection;

(xxiv) A requirement that the permittee shall establish mechanical integrity prior to commencing injection or on a schedule determined by the Administrator and that thereafter, the permittee shall maintain mechanical integrity as defined in Section 19 of this Chapter;

(xxv) A requirement that if the Administrator determines that a Class VI well lacks mechanical integrity and gives written notice of the determination to the permittee, the permittee shall:

(A) Cease injection into the well within forty-eight (48) hours of receipt of the Administrator's determination unless the Administrator requires immediate cessation;

(B) Perform any construction, operation, monitoring, reporting, and corrective action that the Administrator requires to prevent the movement of fluid into or between USDWs caused by the lack of mechanical integrity, or plug the well pursuant to the requirements of Section 23 of this Chapter if allowed by the Administrator; and

(C) Not resume injection into the well until the Administrator provides written notice that the permittee has demonstrated mechanical integrity pursuant to Section 19 of this Chapter.

(xxvi) A requirement that, for any Class VI well that lacks mechanical integrity, injection operations are prohibited until the permittee shows to the satisfaction of the Administrator under Section 19 of this Chapter that the well has mechanical integrity;

(xxvii) A requirement that the permittee comply with a well-plugging plan that meets the requirements of Section 23 of this Chapter, which shall be incorporated into the permit; and

(xxviii) Conditions that implement the requirements of Section 14 of this Chapter. The conditions shall:

(A) Require all wells to achieve compliance with the requirements of Section 14 of this Chapter according to a compliance schedule established as a permit condition;

(B) Prohibit construction from commencing until a permit has been issued containing construction requirements;

(C) Require that all wells comply with the construction requirements of Section 14 of this Chapter prior to commencing injection operations. Changes in construction plans during construction may be approved by the Administrator as minor modifications. No such changes may be physically incorporated into construction of the well prior to approval of the modification by the Administrator.

(D) Include a corrective action plan as set forth in Section 13 of this Chapter;

(E) Require that all wells comply with the operational requirements of Section 14 of this Chapter;

(F) Establish any maximum injection volumes and pressures necessary to ensure that fractures are not initiated in the confining zone, to ensure that injected fluids do not migrate into any underground source of drinking water, to ensure that formation fluids are not displaced into any underground source of drinking water, and to ensure compliance with the operating requirements;

(G) Establish monitoring and reporting requirements set forth in Sections 20 and 22 of this Chapter. The permittee shall be required to identify types of tests and methods used to generate the monitoring data; and

(H) Require the permittee to comply with the financial responsibility requirements set forth in Section 26 of this Chapter.

(c) Permits for Class VI wells shall be issued for the operating life of the facility and extend through the post-injection site care period until the Administrator certifies site closure pursuant to Section 24(b)(iii) of this Chapter.

(d) Permits may be issued for individual Class VI wells and shall not be issued on an area basis for multiple points of discharge operated by the same person.

(e) Permits may specify a schedule of compliance leading to compliance with permit conditions, this Chapter, and the Wyoming Environmental Quality Act, W.S. § 35-11-101 et seq.

(i) Schedules of compliance shall require compliance as soon as possible, and in no case later than three (3) years after the effective date of the permit.

(ii) If a permit establishes a schedule of compliance that exceeds one (1) year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement. The time between interim dates shall not exceed one (1) year unless, the time necessary for completion of any interim requirement is more than one (1) year and is not readily divisible into stages for completion, and in that case, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.

(iii) The compliance schedule shall require the permittee to submit progress reports no later than thirty (30) days following each interim date and the final date of compliance.

(f) The Director shall include in permits, on a case-by-case basis:

(i) Conditions for monitoring, schedules of compliance, and any additional conditions necessary to prevent the migration of fluids into underground sources of drinking water. The Director shall evaluate what conditions are necessary and shall establish these conditions when issuing, modifying, or revoking and reissuing permits; and

(ii) Conditions to ensure compliance with all applicable requirements of this Chapter and the Wyoming Environmental Quality Act, W.S. § 35-11-101 et seq.

(g) To the extent possible under Section 9 of this Chapter, modified or revoked and reissued permits, shall incorporate all of the permit conditions required by this Section.

(h) When they meet the requirements of this Chapter and are approved by the Administrator, all plans shall be incorporated into the permit.

Notes

020-24 Wyo. Code R. §§ 24-9

Amended, Eff. 7/25/2016. Amended, Eff. 1/7/2020. Amended, Eff. 10/5/2021.