Mo. Code Regs. Ann. tit. 10, § 20-6.090
PURPOSE: This regulation controls the construction and operations of mineral resources injection/production wells.
(1) Permits—General.
(A) This rule applies to Class III injection/production wells used for the extraction of minerals including:
egory includes only in-situ production from ore bodies which have not been conventionally mined;
coal, tar sands, oil shale, and any other fossil fuel which can be mined by this process; and
(E) Any information submitted to the department pursuant to these regulations may be claimed as confidential by the applicant. Any claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words confidential business information on each page containing the information. If no claim is made at the time of submission, the department may make the information available to the public without further notice. Claims of confidentiality for the following information will be denied:
mittee; and
level of contaminants in drinking water.
(2) Application.
(A) An application for an operating permit shall be made for each injection/production well and shall include each of the following items. The application may be supplemented with copies of information submitted for other federal or state permits.
eral extractions, including injection/withdrawal procedures;
intervals to be cemented, and related well construction data as recommended by the office of the state geologist;
injection pressure that will be used on a daily basis;
location of sampling wells by a registered professional engineer or a qualified geologist as defined by sections 256.501 and 256.503, RSMo;
water with less than ten thousand milligrams per liter (10,000 mg/l) total dissolved solids (TDS), monitoring wells shall be:
derground sources of drinking water (USDW) above the injection zone which could be affected by the mining operation;
jection fluids, process by-products, or formation fluids outside the mining area or zone; and
ence or catastrophic collapse;
tain water with less than ten thousand (10,000) mg/l TDS, no moni toring wells are necessary in the injection zone;
source of drinking water (USDW) in an area subject to subsidence or catastrophic collapse, an adequate number of monitoring wells shall be:
of injected fluids, process by-products, or formation fluids into a USDW; and
ence or catastrophic collapse;
frequency of sampling of the monitoring wells, the following criteria shall be considered:
tially affected by the injec tion operation;
drawal of drinking water;
is being maintained;
water, and the process by-products; and
injection/production well or group of wells, as determined by a registered professional engineer or a qualified geologist as defined by sections 256.501 and 256.503, RSMo. The area of review shall be that area the radius of which is determined by the lateral distance from a Class III injection/production well or perimeter of a group of wells in which the pressure in the injection zone may cause the migration of injection or formation, or both, fluid into an USDW or into an improperly constructed, plugged, or abandoned well or test hole.
using a mathematical model (for example, modified Thesis equation) and shall be calculated for an injection time period at least equal to the expected life of the well(s). The owner or operator must demonstrate to the director that the mathematical model used and the calculated area of review are appropriate for the known hydrologic properties of the underlying formations.
group of wells of not less than one-half (1/2) mile may be used. In determining the fixed radius, the following factors shall be taken into consideration: chemistry of injected and formation fluids, hydrogeology, population and groundwater use and dependence, and historical practices in the area.
model pursuant to sub paragraph (2)(B)8.A. the permissible radius is the result of the calculation even if it is less than onehalf (1/2) mile.
imposing alternate areas of review when geologic or hydrologic conditions render a calculated or fixed area a potential threat to an underground source of drinking water;
inventory of all known water supply, injection/production, abandoned and test wells, including field names or numbers and locations of the wells, public water systems, within the area of review and a separate tabulation of all the wells, which penetrate the injection zone list ing each well’s type, construction method, date drilled, location, depth, and record of plugging or completion, or both, including a description of all corrective action(s) proposed to be performed to render wells penetrating the injection zone sealed, plugged, or otherwise impervious to the migration of fluids into or between well bores, USDWs, or different aquifers. The applicant is responsible for the inventory and corrective action requirements of this section and shall extend every reasonable effort to locate all wells within the area of review of the applicant well(s);
meets the requirements of this paragraph, the director shall incorporate it into the permit as a condition. Where the director’s review of an application indicates that the permittee’s plan is inadequate, the director shall require the applicant to revise the plan, prescribe conditions meeting the requirements of this paragraph or deny the application. For purposes of this paragraph, temporary intermittent cessation of injection operations is not abandonment;
donment of a Class III well, the director shall consider the following information:
of the top and bottom;
and
sponsibility and resources to close, plug, and abandon the underground injection operation in a manner prescribed by the director. The permittee must show evidence of financial responsibility to the direc tor by the submission surety bond or other adequate assurance such as financial statements or other materials acceptable to the director;
all USDWs within the area of review, their position relative to the injection formation, and the direction of water movement, where known, in every under ground source of drinking water which may be affected by the proposed injection;
ture of the local area;
regional geologic setting;
all constituents of injected fluids. The applicant may request confiden tiality as specified in subsection (1)(E). If the information is proprietary, an applicant, in lieu of the ranges in concentrations, may choose to submit maximum concentrations which shall not be exceeded. In this case the applicant shall retain records of the undis closed concentrations and provide them upon request to the director as part of any enforcement investigation;
formation required by paragraph (2)(H)4.;
and subsurface construction details of the well;
requirements of subsection (4)(D);
ment, and direction of movement of injection fluid;
failures so as to prevent the migration of contaminating fluids into the USDW;
performance bond or other appropriate means, the resources necessary to close, plug, or abandon the well as required by paragraph (2)(B)19.;
graph (2)(B)18.;
rally water-bearing, the fol lowing information concerning the injection zone shall be determined or calculated for new Class III wells or projects:
tion fluids;
formation, only the informa tion in subparagraph (2)(A)28.B. must be submitted;
submit any relevant facts in a permit application, or has submitted incor rect information in a permit application or in any report to the director, the permittee shall promptly submit the facts or information; and
aquifer exemption proce dures under the Safe Drinking Water Act, UIC program. The information shall be sufficient to demonstrate that the aquifer is expected to be mineral or hydrocarbon pro ducing. Information for the proposed project, such as a map and general description of the mining zone, general information on the min eralogy and geochemistry of the mining zone, analysis for the amenability of the mining zone to the proposed mining method, and a timetable of planned development of the min ing zone shall be considered by the director.
(B) All applications must be signed as follows:
plant manager;
partner or the proprietor; or
by either a principal executive officer or ranking public official or his/her designee.
(C) All other reports required by the department shall be signed by a person desig nated in subsection (2)(B) of this rule or a duly authorized representative, where—
overall operation of the facility from which the injection/withdrawal occurs; and
nated in subsection (2)(B) of this rule and is submitted to the director.
(C) shall make the following certification: I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false infor mation, including the possibility of fine and imprisonment.
(H) Prior to granting approval for the operation of a Class III well, the director shall consider the following information:
which the permittee will operate;
area of review.
(3) Operating Permits.
(B) The director may issue a permit on an area basis, rather than for each well individ ually, provided that the permit is for injection wells—
tion(s) if they are existing wells, except that the director may accept a single description of wells with substantially the same characteristics;
voir, project, or similar unit in the same state;
4. Area permits specify—
authorized; and
porting, operation, and abandonment for all wells authorized by the permit.
and operate, convert, or plug and abandon wells within the permit area provided—
permit requires;
tion (3)(B) and meets the requirements specified in the permit under paragraph (3)(B)4; and
additional injection wells are considered by the director during evaluation of the area permit application and are acceptable to the director.
(4) Terms and Conditions of Permits.
(A) The following shall be incorporated as terms and conditions of all permits:
conditions of the permit;
notice for causes including, but not limited to:
the permitted facility or activ ity which occurred after permit issuance, which justify the application of permit condi tions that are different or absent in the exist ing permit;
information indicating that cumulative effects on the environment are unacceptable;
was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued;
modification of a compli ance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no con trol and for which there is no reasonably available remedy; and
been received by the direc tor;
time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance;
years in accordance with section 644.051, RSMo and 10 CSR 20-6.010. If the permittee wishes to continue an activity regulated by the permit after the expiration date of the permit, the permittee must apply for and obtain a new permit prior to the expiration date of the permit in effect;
deny a permit renewal application for the following causes:
of the permit;
the permit issuance process to disclose fully all relevant facts or the per mittee’s misrepresentation of any relevant facts at any time; or
gers human health or the envi ronment and can only be regulated to acceptable levels by permit modification or termination;
Clean Water Law and these regulations, authorized representatives of the department shall be allowed by the per mittee, upon presentation of credentials and at reasonable times, to—
injection/production well is located or in which any records are kept under terms and conditions of the permit;
terms and conditions of the permit;
or method listed in the permit; and
modifications which will result in a new substantially different operation must be reported sixty (60) days before the facility or process modification begins. Notification may be accomplished by applica tion for a new permit or by submission of notice to the department;
schedule, volume of water, temperature, water quality, cement records, and other information developed or determined for the completed installation shall be sent to the Missouri Department of Natural Resources, Water Pollution Control Program and to the Missouri Department of Natural Resources, Division of Geology and Land Survey;
withdrawal volumes and pressures semi-monthly;
for each injection/production well and each monitor ing well;
graph (4)(A)8. which contains the following information:
drawn; and
be submitted by the permittee as follows:
ance schedule date, submit in writing compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule pertaining to this permit.
the circumstances, report orally any noncompliance which may endanger health or the environment, including information which indicates that any contaminant may cause an endangerment to a USDW, or noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between USDWs.
stances, report in writing a description of the noncompliance and its cause, the peri od of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance; and
in writing all instances of noncompliance not reported under other sections of this rule, including the information listed in subparagraph (4)(A)12.A. through C.
(B) No owner or operator shall construct, operate, maintain, convert, plug, or abandon any Class III injection/production well or conduct any other activity in a manner that allows the movement of fluid containing any contaminant into USDWs. The applicant for a permit shall have the burden of showing that the requirements of this section are met through a demonstration of mechanical integrity by completing each of the following:
least one (1) of the following procedures: a pressure test with liquid or gas; monitoring of annulus pressure in wells injecting at a positive pres sure following an initial pressure test; or any other test(s) that the state geologist considers effective.
ids in channels adjacent to the well bore utilizing at least two (2) of the following procedures: noise logs, temperature surveys, cement records demonstrating the presence of adequate cement to prevent migration (used only if the nature of casing precludes the use of noise logs or temperature surveys); or any other test(s) approved by Environmental Protection Agency (EPA) and that the state geologist considers effective.
may begin by submitting documentation of successful demonstrations of mechanical integrity, or by allowing department personnel to witness the demonstrations. Scheduling of witnessed demonstrations of mechanical integrity may be at the reasonable conve nience of the applicant. Nothing in this rule will prevent the director from rescheduling a test at a reasonable time convenient to the applicant when necessary to allow depart ment personnel to witness the test(s).
(D) Monitoring requirements, at a minimum, shall specify—
cient frequency to yield representative data on its characteristics. Whenever the injection fluid is modified to the extent that the analysis completed in accordance with paragraph (2)(A)19. is incorrect or incomplete, a new analysis in accordance with paragraph (2)(A)19. shall be provided to the director;
or volume semi-monthly, or metering and daily recording of injected and produced fluid volumes as appropriate;
monthly where appropriate and monitoring of the parameters chosen to measure water quality in the monitoring wells in accordance with paragraph (4)(D)1. semimonthly; and
graph (4)(E)1.
(E) Reporting requirements, at a minimum, shall include:
ing;
riodic test required by the department reported with the first regular quarterly report after the completion of the test; and
rather than individual well basis where manifold monitoring is used.
(5) Prohibitions.
(A) No permit shall be issued:
comply with applicable guidelines or require ments of the Clean Water Law and corre sponding regulations or relevant federal laws.
with the applicable water quality requirements of any other affected states.
extraction process, except thermal dis charges; those produced pollutants contained in the formation water may be reinjected into a formation of the same TDS concentration.
logical warfare agent or radioactive waste.
production well which would degrade the usefulness of water withdrawn from earlier permitted wells.
(C) New injection wells may not com mence injection until construction is com plete and—
construction to the director and—
new injection well and finds it is in compliance with the conditions of the permit; or
tor of the intent to inspect or otherwise review the new injection well within thirteen (13) days of the date of the notice in paragraph (5)(C)1. of this rule, in which case prior inspection or review is waived and the permittee may commence injection.
tions outlined in paragraph (2)(A)12. and those required by the department have been completed.
(6) Class III Injection/Production Well Construction Requirements.
(A) All new injection/production wells shall meet each of the following conditions:
of fluids into or between USDWs or potential sources of drinking water;
newly drilled well is designed for the life of the well;
specifying casing and cementing requirements:
sure, axial loading;
thickness, diameter, nominal weight, length, joint specification, and construction material;
fluids or combinations;
and
(7) Permits Transferable.
(8) Plugging and Abandonment.
(B) Placement of the cement plugs shall be accomplished by one (1) of the following:
will reliably provide a comparable level of protection.
*Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014.