PURPOSE: This rule provides for information needed for the permitting of injection activities and establishes procedures to be followed by the state geologist in issuing or denying permits. It also establishes procedures for determining injection pressures, demonstrating mechanical integrity, and taking corrective action at deficient wells. The rule further provides for notification of well stimulation treatment projects and submittal of documentation related to such treatment.

1. (1) Prior to commencement of injection operations, the following conditions shall be met:

   1. (A) Application for a permit to inject along with the fee required pursuant to 10 CSR 50- 1.050 has been submitted to the state geologist on forms provided by the department;
   2. (B) The required operator license, bond, and approved completion or recompletion report are on file in the office of the state geologist; and
   3. (C) The state geologist has approved and issued a permit to inject granting the application.
2. (2) Each injection well found to be operating without a permit issued by the state geologist shall be shut in, according to 10 CSR 50- 2.060 until compliance is achieved.

3. (3) Each application for permit to inject shall be submitted on a form provided by the department, along with the fee required pursuant to 10 CSR 50-1.050, shall be completed in full, and be accompanied by—

   1. (A) A map that shows the area of review for the proposed injection well and all area of review wells of public record, within a onehalf- (½-) mile radius of the injection well, that penetrate the injection interval. Descriptions of all wells that penetrate the injection interval in the area of review shall be included on a form provided by the department. Each well in the area of review shall be uniquely marked or numbered;
   2. (B) An electric log run to the surface or a log showing lithology or porosity of geologic strata encountered in the injection well, including an elevation reference. If such a log is unavailable, an electric log to surface or a log showing lithology or porosity of geological strata encountered in wells located within a one- (1-) mile radius of the subject well;
   3. (C) A description of the fluid to be injected, the source of injected fluid, and compatibility of injected fluid with that of the receiving stratum, including total dissolved solid comparisons;
   4. (D) An affidavit that notice has been provided in accordance with 10 CSR 50- 2.055(4); and
   5. (E) Information showing that injection into the proposed injection zone will be contained within the injection zone and will not initiate fractures through the overlying or underlying strata that could enable the fluid or formation fluid to enter underground sources of drinking water. This information may include the name, description, and depth of overlying and underlying confining strata for the injection zone. Fracture gradients shall be computed and provided to the state geologist by the applicant.

4. (4) Notice. The injection permit applicant shall provide notice utilizing the following procedure:

   1. (A) The applicant shall notify each of the following parties whose acreage lies partially or fully within a one-half- (½-) mile radius of the project boundaries, by mailing or delivering a copy of the application and notice of intent on or before the date of publication described in subsection (4)(B):

      1. 1. Each operator or lessee of record;
      2. 2. Each owner of record of the mineral

rights of unleased acreage; and

1. 3. Each landowner within the project

boundaries;

1. (B) The applicant shall publish at least one

1. (1) notice of intent to operate an injection well in a newspaper of general circulation in the county in which the proposed injection well(s) is located. The notice shall include the following:

   1. 1. Name and address of applicant;
   2. 2. Location of well(s);
   3. 3. Geologic name of proposed injection 10 CSR 50-2

strata and approximate depth of injection zone;

1. 4. Proposed maximum injection rate and

pressure;

1. 5. Description of the need for the injec-

tion well(s);

1. 6. Approximate maximum number of

injection wells that ultimately will be utilized in the project; and

1. 7. Address of the office of the state geol-

ogist, where comments may be sent or additional information may be obtained;

1. (C) The applicant shall provide an affidavit of notice to include a copy of the newspaper publication and a list of parties notified according to subsection (4)(A); and
2. (D) A fifteen (15) calendar day written comment period shall begin on the date of publication. A record shall be kept by the state geologist of all written comments received and the responses to these comments. If within this comment period the state geologist determines that a significant degree of public interest is expressed, or other factors indicate the need for a public hearing, the state geologist may order a hearing. Public notice of the hearing will be provided in a newspaper of general circulation in the county where the proposed injection well is located with a hearing date set for no sooner than thirty (30) calendar days after the date of notice. If no public hearing is ordered, the state geologist will process the application after the end of the fifteen (15) calendar day comment period and upon receipt of an affidavit of newspaper publication.

1. (5) Modifications.

   1. (A) Modifications to the type or construction of the injection well including, but not limited to, an increase in injection rate or pressure or an additional perforation or injection zone, neither of which is expressly authorized by the existing permit, shall require an application for a permit to inject to be filed along with the fee required pursuant to 10 CSR 50-1.050, except as specified in subsection (5)(B) below.
   2. (B) An operator shall not be required to file an application to modify any injection well permit but shall file with the state geologist a notice of permit modification on a form provided by the department when the operator seeks to add or delete additional sources of the fluid disposed into the well but will not exceed the maximum authorized injection rate and pressure.
   3. (C) Each application for any modifications to the injection permit, including increasing pressure or rate and changing or adding injection strata, shall require the notice specified in section (4) of this regulation.
2. (6) Upon application for a permit to inject, the state geologist shall review the application and, within fifteen (15) business days, determine if the application is in proper form and if the requirements of Chapter 259, RSMo, and implementing regulations are met. If the application is incomplete or lacking required information, forms, or fees, the state geologist shall notify the operator and suspend the application process. When the required form, information, or fee is submitted by the operator and received by the state geologist, the fifteen (15) business day permit period will begin anew. If the state geologist has not received the missing or incomplete required application information or fee within thirty

3. (30) days after notification of the operator, the application shall be considered null and void and the operator must reapply by submitting a new application for a permit to inject, along with the required fee.

   1. (A) If the state geologist finds that the application is in good form, that all requirements of the application have been met, and that Chapter 259, RSMo, and implementing regulations are being met, the state geologist shall issue the permit.
   2. (B) If the state geologist determines either that the application is not in proper form, that the operator failed to submit the applicable fees, or that Chapter 259, RSMo, and implementing regulations are not being met, the state geologist shall deny the permit.
   3. (C) If the state geologist finds that injection at the proposed site would be an undue risk to the surface or subsurface environment, the state geologist shall deny the permit.
   4. (D) If the state geologist determines that the operator is in violation of any provision of Chapter 259, RSMo, or implementing regulations, the state geologist may deny the permit.
4. (7) The state geologist may grant emergency authority to inject or dispose of fluids at an alternate location, if a facility is shut in for maintenance, testing, repairs, or by order of the state geologist or the council.
5. (8) A permit to inject shall not be transferred from one operator to another operator without approval of the state geologist. The operator (transferor) may submit to the state geologist a request to transfer any permit to inject to a new operator (transferee). The request shall be submitted on a form provided by the department no less than thirty (30) calendar days prior to the planned transfer. Any such request may be denied if the state geologist determines that the operator has not submitted all the required information. The transfer of a permit to inject shall follow the transfer procedures prescribed in 10 CSR 50- 2.010(6)(A) through (C).
6. (9) For all injection well applications that require wellhead pressure to inject fluids, the operator shall inject the fluids through tubing under a packer set immediately above the uppermost perforation or openhole zone, except as specified in 10 CSR 50-2.040(7).

7. (10) Injection pressures. A maximum injection pressure for injection wells shall be established by the state geologist so that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the confining strata. The injection pressure also should not cause the injected fluid to migrate into an underground source of drinking water.

   1. (A) The injection pressure determinations should be based on one (1) of the following methods:

      1. 1. For injection of liquids, the state geol-

ogist shall approve injection pressures at 0.75 psig/foot based upon the depth to the midpoint of the perforations in the injection zone; or

1. 2. For injection of steam or other gases,

the state geologist shall approve injection pressures at 3.0 psig/foot based upon the depth to the midpoint of the perforations in the injection zone; or

1. 3. The operator may submit pump pres-

sure data that details the ability of the injection zone to tolerate the requested pressure; or

1. 4. The operator may submit step-rate

test data that details the ability of the injection zone to tolerate the requested pressure; or

1. 5. The operator may submit historical

injection pressures and/or other data deemed appropriate by the state geologist to demonstrate an appropriate injection pressure for approval by the state geologist.

1. (B) At least one (1) test must be performed within one thousand three hundred twenty feet (1320’) of the proposed injection well, or as otherwise deemed appropriate by the state geologist. The data must be submitted in the format required by the state geologist.
2. (C) Following approval by the state geologist of an initial maximum injection pressure, the well used to obtain the data in paragraph (10)(A)3. or 4. above may be used as a reference well. Additional injection wells within one thousand three hundred twenty feet (1320') of the reference well may be approved at the same maximum injection pressure.
3. (D) The established maximum injection pressure shall not be exceeded. Exceedance of the maximum injection pressure may result in additional compliance monitoring as required by the state geologist. Modifications to increase a maximum injection pressure for injection wells shall be made according to section (5) above.

1. (11) Following receipt of an approved permit to inject, the operator shall notify the state geologist regarding injection operations as follows:

   1. (A) Immediately upon the commencement of injection operations, the applicant shall notify the state geologist of the date of commencement; and
   2. (B) After permanent discontinuance of injection operations, the operator shall follow the provisions of 10 CSR 50-2.060 and shall notify the state geologist, within ninety (90) calendar days, of the date of the discontinuance and the reasons for discontinuance.

2. (12) Mechanical integrity. All new or newly converted injection wells shall be required to demonstrate mechanical integrity and meet the requirements of 10 CSR 50-2.090 and 10 CSR 50-2.100 before operation may begin. All injection wells not permanently plugged must demonstrate mechanical integrity at least once every five (5) years.

   1. (A) Demonstration of mechanical integrity shall utilize at least one (1) of the following procedures:

      1. 1. Pressure test. The annulus above the

packer, or the injection casing in wells not equipped with a packer, shall be pressure tested. The date for this test shall be mutually agreed upon by the operator’s representative and a representative of the state geologist, with a minimum of five (5) business days’ notice prior to the test. Test results shall be verified by the operator’s representative. The test shall be conducted in the following manner:

1. A. For newly completed or newly con-

verted wells, the casing may be tested before perforating. A fluid pressure of one hundred ten percent (110%) of the approved pressure shall be applied, but shall be no less than three hundred (300) psig. A well demonstrates mechanical integrity if, when pressurized, it does not lose more than ten percent (10%) of the tested pressure over a period of thirty (30) minutes;

1. B. Wells constructed with tubing and a

packer shall be pressure tested with the packer in place. A fluid pressure of one hundred ten percent (110%) of the approved pressure shall be applied, but shall be no less than three hundred (300) psig. A well demonstrates mechanical integrity if, when pressurized, it does not lose more than ten percent (10%) of the tested pressure over a period of thirty (30) minutes;

1. C. For wells constructed with tubing

and no packer, a retrievable plug or packer shall be set immediately above the uppermost perforation or openhole zone. A fluid pressure of one hundred ten percent (110%) of the approved pressure shall be applied, but shall be no less than three hundred (300) psig. A well demonstrates mechanical integrity if, when pressurized, it does not lose more than ten percent (10%) of the tested pressure over a period of thirty (30) minutes; and

1. D. For wells constructed with tubing

and no packer, a method of pressure testing known as fluid depression may be conducted with prior approval and under guidelines established by the state geologist. The fluid in the well shall be depressed with gas pressure to a point in the wellbore immediately above the perforations or openhole interval. The minimum calculated pressure required to depress the fluid in the wellbore shall be no less than fifty (50) psig. A well demonstrates mechanical integrity if, when pressurized, it does not lose more than ten percent (10%) of the tested pressure over a period of thirty (30) minutes;

1. 2. Alternative tests. Alternative test

methods approved by the state geologist including, but not limited to, temperature surveys, tracer surveys, or noise logs, may be used to demonstrate mechanical integrity if conditions are appropriate. The date for this test shall be mutually agreed upon by the operator’s representative and a representative of the state geologist, with notice provided a minimum of five (5) business days prior to the test. Test results shall be verified by the operator’s representative and shall be interpreted as specified in state geologist-approved procedures;

1. (B) Monitoring. Following an initial test in accordance with subsection (12)(A) above, once a month, the operator shall monitor and record, during actual injection, the pressure or fluid level in the annulus and any other information deemed necessary by the state geologist. An annual report of information logged shall be submitted to the state geologist in accordance with 10 CSR 50-2.080.
2. (C) The operator shall notify the office of the state geologist at least five (5) business days prior to commencing a mechanical integrity test. Results of this test must be reported on the appropriate form to the state geologist within thirty (30) calendar days of completion of the test. The state geologist shall inform the operator of a satisfactory or unsatisfactory demonstration of mechanical integrity within fifteen (15) business days.

1. (13) If a well cannot demonstrate mechanical integrity, or if other conditions develop that threaten or could threaten the quality of surface or groundwater, the operator shall cease operation of the well, shall notify the state geologist within twenty-four (24) hours with details as to the nature of the problem, and shall propose a corrective action plan in writing within five (5) business days. The operator shall have no more than sixty (60) calendar days from the date of initial failure in which to perform one (1) of the following:

   1. (A) Repair and retest the well to demonstrate mechanical integrity; or
   2. (B) Plug the well.

2. (14) Following corrective action required by section (13), the state geologist may require additional testing or monitoring. If the state geologist has approved the use of any chemical sealant or other mechanical device to isolate the leak before use, then the following requirements apply:

   1. (A) Injection pressure into the well shall not exceed the maximum mechanical integrity test pressure; and
   2. (B) The well shall demonstrate mechanical integrity on an annual basis for the duration the well is completed in this manner.
3. (15) The state geologist or an authorized representative shall have the authority to sample injected fluids at any time during injection operations.
4. (16) Well stimulation treatment projects. At least five (5) business days prior to commencement of a well stimulation treatment project, the operator is required to notify the state geologist in writing the nature of the project. Within thirty (30) calendar days after completion of a well stimulation treatment project, the operator shall submit copies of the well stimulation treatment tickets from the company performing such treatment, including documentation of the materials injected.
5. (17) All injection wells in operation prior to March 30, 2016, shall comply with these injection permitting requirements no later than April 1, 2017. All wells permitted on or after March 30, 2016, shall comply with requirements in this rule prior to permit issuance.

AUTHORITY: sections 259.060 and 259.140, RSMo 2000, and sections 259.070 and 259.080, RSMo Supp. 2015.* Original rule filed Sept. 15, 2015, effective March 30, 2016. 10 CSR 50-2

*Original authority: 259.060, RSMo 1965, amended 1972; 259.070, RSMo 1965, amended 1972, 1983, 1987, 1993, 1995, 2012, 2015; 259.080, RSMo 1965, amended 1972, 2015; and 259.140, RSMo 1965.