W. Va. Code R. § 35-8-20

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 35-8-20 - Plugging Methods
20.1. Materials Used in Plugging -- The non-porous materials and cements described in subsection 20.3 of this rule must be specified in the work order portion of Form WW-4(B), "Application to Plug and Abandon a Well." All cement, except where expanding cement is required, used in conjunction with plugging shall be American Petroleum Institute Class A Ordinary Portland cement with no greater than three percent (3%) calcium chloride and no other additives. All non-porous materials used in conjunction with plugging shall be at least six percent (6%) bentonite gel. If the operator furnishes satisfactory proof that different cement or non-porous material types are adequate, the Chief or his or her authorized representative may approve use of different cement or non-porous materials. Materials and cements must be of a kind and quality accepted by the oil and gas industry, approved by the Chief as suitable for the intended purpose, and otherwise comply with all provisions of law and accepted standards. The Chief may approve use of non-standard material or cement upon request of the operator and for good cause shown.
20.2. Cleaning Out and Replugging Application; Objections; Order.
20.2.a. Application to clean out and replug a previously plugged well pursuant to subdivision 20.3.e of this rule shall be made by completing Form WW-4A, "Notice of Application to Plug and Abandon a Well," and by the associated comments required to accompany Form WW-4A by subsection 19.1 of this rule.
20.2.b. Objections to a Form WW-4 application to clean out and replug a well, whether by the Chief or by any affected person, shall not be made except for violation or impending violation of the provisions of sections 19 and 20 of this rule. If such an objection is filed or made, the Chief shall set a hearing date and give notice in accordance with subdivision 20.3.e. The notice shall indicate the date, time, and location of the hearing, identifying the well by reference to the API number.
20.2.c. The Chief's order permitting or rejecting an application shall be endorsed on the Form WW-4 application and shall be mailed to the parties in accordance with the method provided by subdivision 20.3.e.
20.3. Plugging methodology--Upon the abandonment or cessation of the operation of any well drilled for natural gas or petroleum, the operator shall fill and plug the well in the following manner:
20.3.a. Where the well does not penetrate workable coal beds, it shall either be filled with water, cement or other nonporous material throughout the horizontal section; or a permanent bridge shall be anchored at the point in which the well intersects the formation in which the horizontal section exists. At this point, being the top of the target formation, there shall be placed a plug of cement or other suitable material which will completely seal the hole. Between this sealing plug and a point twenty feet (20') above the next higher oil, gas or water-bearing stratum, the hole shall be filled in the manner outlined herein. At that point, there shall be placed another plug of cement or other suitable material which will completely seal the hole. In like manner, the hole shall be filled and plugged with reference to each of its oil, gas or water-bearing strata. However, whenever the strata are not widely separated and are free from water, they may be grouped and treated as a single sand, gas or petroleum horizon, and the aforesaid filling and plugging may be performed as though there were but one horizon. After the plugging of all oil, gas or water-bearing strata as aforesaid, a final cement plug shall be placed approximately ten feet (10') below the bottom of the largest casing in the well. From this point to the surface, the well shall be filled with mud, clay or other nonporous material. In case any of the oil or gas-bearing strata in a well have been shot, thereby creating cavities which cannot readily be filled in the manner above described, the well operator shall follow either of the following methods:
20.3.a.1. Should the stratum which has been shot be the lowest one in the well, there shall be placed, at the nearest suitable point, but not less than twenty feet (20') above the stratum, a plug of cement or other suitable material which will completely seal the hole. However, in the event that the shooting has been done above one or more oil or gas-bearing strata in the well, plugging in the manner specified shall be done at the nearest suitable point, but not less than twenty feet (20') below and above the stratum shot; or
20.3.a.2. When the cavity is in the lowest oil or gas-bearing stratum in the well, a liner shall be placed which shall extend from below the stratum to a suitable point, but not less than twenty feet (20') above the stratum in which shooting has been done. In the event, however, that the shooting has been done above one or more oil or gas-bearing strata in the well, the liner shall be so placed that it will extend not less than twenty feet (20') above or less than twenty feet (20') below the stratum in which shooting has been done. Following the placing of the liner in the manner here specified it shall be compactly filled with cement, mud, clay or other nonporous sealing material.
20.3.b. Where the well penetrates one or more workable coal beds and a coal protection string of casing has been circulated and cemented into the surface, the well shall be filled and securely plugged in the manner provided in subdivision 20.3.a. of this rule, except that expanding cement shall be used instead of regular hydraulic cement, to a point approximately one hundred feet (100') below the bottom of the coal protection string of casing. A one hundred foot (100') plug of expanding cement shall then be placed in the well so that the top of the plug is located at a point just below the coal protection string of casing. After the plug has been securely placed in the well, the coal protection string of casing shall be emptied of liquid from the surface to a point one hundred feet (100') below the lowest workable coal bed or to the bottom of the coal protection string of casing, whichever is shallower. A vent or other device approved by the Chief shall then be installed on the top of the coal protection string of casing in a manner that will prevent liquids and solids from entering the well, but will permit ready access to the full internal diameter of the coal protection string of casing when required. The coal protection string of casing and the vent or other device approved by the Chief shall extend, when finally in place, a distance of not less than thirty inches (30") above ground level and shall be permanently marked with the API well number assigned by the Chief;
20.3.c. Where the well penetrates one or more workable coal beds and a coal protection string of casing has not been circulated and cemented in to the surface, the well shall be filled and securely plugged in the manner provided in subdivision 20.3.a. of this rule to a point fifty feet (50') below the lowest workable coal bed. Thereafter, a plug of cement shall be placed in the well at a point not less than forty feet (40') below the lowest workable coal bed. After the cement plug has been securely placed in the well, the well shall be filled with cement to a point twenty feet (20') above the lowest workable coal bed. From this point the well shall be filled with mud, clay or other nonporous material to a point forty feet (40') beneath the next overlying workable coal bed, if applicable and the well shall then be filled with cement from this point to a point twenty feet (20') above the workable coal bed. This method shall be followed for any other workable coal beds penetrated by the well. After the filling and plugging of the well to a point above the highest workable coal bed, filling and plugging of the well shall continue in the manner provided in subdivision 20.3.a. of this rule to a point fifty feet (50') below the surface, and a plug of cement shall be installed from the point fifty feet (50') below the surface to the surface with a monument installed therein extending thirty inches (30") above ground level;
20.3.d. Where the well penetrates one or more workable coal beds and a coal protection string of casing has not been circulated and cemented in to the surface, a coal operator or coal seam owner may request that the well be plugged in the manner provided in paragraph 20.3.d.2 of this rule rather than by the method provided in subdivision 20.3.c. above. The request shall be made on forms prescribed by the Chief, and submitted to the Chief prior to the scheduled plugging of the well. At the time the request is submitted to the Chief, a copy of the request must also be mailed by registered or certified mail or any form of correspondence that evidences receipt (i.e. facsimile or electronic mail) to the well operator named in the request.
20.3.d.1. Upon receipt of the request, the Chief shall issue an order staying the plugging of the well and shall promptly determine the costs of plugging the well both in the manner provided in paragraph 20.3.d.2 of this rule and in the manner provided in subdivision 20.3.c. of this rule. In making this determination, the Chief shall take into consideration any agreement previously made between the well operator and the coal operator or coal seam owner making the request.
20.3.d.1.A . If the Chief determines that the cost of plugging the well in the manner provided in subdivision 20.3.c. of this rule exceeds the cost of plugging the well in the manner provided in paragraph 20.3.d.2. of this rule, the Chief shall grant the request of the coal operator or owner and shall issue an order requiring the well operator to plug the well in the manner provided in paragraph 20.3.d.2. of this rule.
20.3.d.1.B. If the Chief determines that the cost of plugging the well in the manner provided in subdivision 20.3.c. of this rule is less than the cost of plugging the well in the manner provided in paragraph 20.3.d.2. of this rule, the Chief shall request payment into escrow of the difference between the determined costs by the coal operator or coal seam owner making the request. Upon receipt of satisfactory notice of the payment, or upon receipt of notice that the well operator has waived the payment, the Secretary shall grant the request of the coal operator or coal seam owner and shall issue an order requiring the well operator to plug the well in the manner provided in paragraph 20.3.d.2 of this rule. If satisfactory notice of either payment into escrow or waiver of the payment is not received by the Chief within fifteen (15) days after the request for payment into escrow, the Chief shall issue an order permitting the plugging of the well in the manner provided in subdivision 20.3.c. of this rule. Copies of all orders issued by the Chief shall be sent by registered or certified mail or any form of correspondence that evidences receipt (i.e. facsimile or electronic mail) to the coal operator or coal seam owner making the request and to the well operator. When the escrow agent has received certification from the Chief of the satisfactory completion of the plugging work and the reimbursable extra cost thereof (that is, the difference between the Chief's determination of plugging cost in the manner provided in subdivision 20.3.c. of this rule and the well operator's actual plugging cost in the manner provided in paragraph 20.3.d.2 of this rule), the escrow agent shall pay the reimbursable sum to the well operator or the well operator's designee from the payment into escrow to the extent available. The amount by which the payment into escrow exceeds the reimbursable sum plus the escrow agent's fee, if any, shall be repaid to the coal owner. If the amount paid to the well operator or the well operator's designee is less than the actual reimbursable sum, the escrow agent shall inform the coal owner, who shall pay the deficiency to the well operator or the well operator's designee within thirty (30) days. If the coal operator breaches this duty to pay the deficiency, the well operator shall have a right of action and be entitled to recover damages as if for wrongful conversion of personalty, and reasonable attorney fees.
20.3.d.2. Where a request of a coal operator or coal seam owner filed pursuant to subdivision 20.3.d. has been granted by the Chief, the well shall be plugged in the manner provided in subdivision 20.3.a. of this rule, except that expanding cement shall be used instead of regular hydraulic cement, to a point approximately two hundred feet (200') below the lowest workable coal bed. A one hundred foot (100') plug of expanding cement shall then be placed in the well beginning at the point approximately two hundred feet (200') below the lowest workable coal bed and extending to a point approximately one hundred feet (100') below the lowest workable coal bed. A string of casing with an outside diameter no less than four and one-half inches (41/2") shall then be run into the well to a point approximately one hundred feet (100') below the lowest workable coal bed, and the string of casing shall be circulated and cemented in to the surface. The casing shall then be emptied of liquid from a point approximately one hundred feet (100') below the lowest workable coal bed to the surface, and a vent or other device approved by the Chief shall be installed on the top of the string of casing in a manner that will prevent liquids and solids from entering the well, but will permit ready access to the full internal diameter of the coal protection string of casing when required. The string of casing and the vent or other device approved by the Chief shall extend, when finally in place, a distance of no less than thirty inches (30") above ground level and shall be permanently marked with the API well number assigned by the Chief. Notwithstanding the foregoing provisions of this paragraph, if under particular circumstances a different method of plugging is required to obtain the approval of another governmental agency for the safe mining through of the well, the Chief may approve a different method of plugging if he or she finds the same to be as safe for mining through and otherwise adequate to prevent gas or other fluid migration from the oil and gas reservoirs as the method above specified.
20.3.e. Any person may apply to the Chief for an order to clean out and replug a previously plugged well in a manner which will permit the safe mining through of the well. The application shall be filed with the Chief and shall contain the API well number, a general description of the well location, the name and address of the owner of the surface land upon which the well is located, a copy of or record reference to a deed, lease or other document which entitles the applicant to enter upon the surface land, a description of the methods by which the well was previously plugged, and a description of the method by which the applicant proposes to clean out and replug the well. At the time an application is filed with the Chief, a copy shall be mailed by registered or certified mail or any form of correspondence that evidences receipt (i.e. facsimile or electronic mail) to the owner or owners of the land, and the oil and gas lessee of record, if any, of the site upon which the well is located. If no objection to the replugging of the well is filed by the landowner or oil and gas lessee within thirty (30) days after the filing of the application, and if the Chief determines that the method proposed for replugging the well will permit the safe mining through of the well, the Chief shall grant the application by an order authorizing the replugging of the well. The order shall specify the method by which the well shall be replugged, and copies the order shall be mailed by certified or registered mail or any form of correspondence that evidences receipt (i.e. facsimile or electronic mail) to the applicant and to the owner or owners of the land, and the oil and gas lessee, if any, of the site upon which the well is located. If the landowner or oil and gas lessee objects to the replugging of the well, the Chief shall notify the applicant of the objection. Thereafter, the Chief shall schedule a hearing to consider the objection, which hearing shall be held after notice by registered or certified mail or any form of correspondence that evidences receipt (i.e. facsimile or electronic mail) to the objectors and the applicant. After consideration of the evidence presented at the hearing, the Chief shall issue an order authorizing the replugging of the well if he or she determines that replugging of the well will permit the safe mining through of the well. The order shall specify the manner in which the well shall be replugged, and copies thereof shall be sent by registered or certified mail or any form of correspondence that evidences receipt (i.e. facsimile or electronic mail) to the applicant and objectors. The Chief shall issue an order rejecting the application if the he or she determines that the proposed method for replugging the well will not permit the safe mining through of the well;
20.3.f. All persons adversely affected by a determination or order of the Chief issued pursuant to the provisions of this section is entitled to judicial review in accordance with the provisions of the Administrative Procedures Act, W. Va. Code § 29A-5-1, et seq.

W. Va. Code R. § 35-8-20