Current through Register Vol. XLI, No. 50, December 13, 2024
Section 35-8-9 - Operational Criteria9.1. Water Quality and Quantity Protection Standards 9.1.a. All operators are required to protect the quality and quantity of water in surface and groundwater systems both during and after drilling operations and during reclamation by: 9.1.a.1. Withdrawing water from surface waters of the State using methods deemed appropriate by the Secretary so as to maintain sufficient in-stream flow immediately downstream of the withdrawal location;9.1.a.1.A. To assure maintenance of adequate pass-by flow downstream of withdrawal points, the Secretary may require the operator to install and maintain a staff gauge or other suitable stream flow measuring device.9.1.a.1.B. If a staff gauge or other suitable stream flow measuring device is required, operators shall certify that the staff gauge or other suitable stream flow measuring device has been properly calibrated. The agency will provide forms and instructions for facilitating proper location, installation, and calibration of the staff gauge or other suitable stream flow measuring device.9.1.a.2. Casing, sealing or otherwise managing wells to keep fluids or natural gas from entering ground or surface waters, as prescribed in subsection 9.2 below;9.1.a.3. Conducting oil and gas operations using BMPs so as to minimize additional contributions of suspended or dissolved solids to stream flow or runoff outside the permit area, but in no event shall the contributions be in excess of requirements set by applicable State or federal law; and9.1.a.4. Registering all water supply wells with the Chief, and constructing and plugging water supply wells in accordance with laws governing drinking water well construction and plugging. Water supply well registrations shall include the results of a detailed aquifer test prior to its inclusion as a potential water source identified in the Water Management Plan, as required in subdivision 5.6.d. of this rule. The aquifer test shall be conducted by qualified groundwater professionals or licensed drilling and water system installers. The aquifer test will serve as an evaluation of the aquifer, the local groundwater basin, and the production capability of the water supply well to ensure that the resources are adequate to supply the need without adverse impact to the water resources of the basin. Adverse impacts, for the purpose of water supply well suitability considerations, shall include: lowering of groundwater or stream flow levels to an extent that may be injurious to any existing or potential uses; rendering competing supplies unreliable; affecting other water uses; causing water quality or quantity degradation that may be injurious to any existing or potential uses; affecting fish, wildlife or other living resources or their habitat; causing permanent loss of aquifer storage capacity; or affecting low flow of perennial streams. 9.1.a.4.A. The aquifer test shall consist of a hydrogeologic delineation of the groundwater basin identifying all existing groundwater wells and developed springs within one thousand five hundred feet (1,500') of the water supply well.9.1.a.4.B. The test shall include a step-drawdown test over a range of pumping rates to allow for characterization of the water-bearing zones and provide for the selection of an appropriate rate for a subsequent constant-rate aquifer test. The step-drawdown test should be performed at pumping rates that start at approximately fifty percent (50%) of the anticipated yield and progress to higher rates in approximately equal steps until the water level fails to stabilize over the step period or the anticipated yield is reached.9.1.a.4.C. The aquifer test shall also include a constant-rate drawdown test during which the pump is used for an extended period of time at the desired pump rate to observe induced changes in groundwater levels, surface water bodies, and wetlands. The recommended drawdown timeframe is seventy-two (72) hours, but must be of sufficient duration to establish hydrologic changes and trend characteristics.9.1.a.4.D. A recovery analysis to evaluate the sustainability of the proposed withdrawal is also required. The duration of the recovery test is a minimum of twenty-four (24) hours or until the groundwater levels have recovered to ninety percent (90%) of their pretest levels.9.1.a.4.E. A minimum of one groundwater monitoring station shall be installed to adequately characterize the aquifer during the testing period.9.1.a.5. All drinking water wells within one thousand five hundred feet (1,500') of a water supply well shall be flow and quality tested by the operator upon request of the drinking well owner prior to operating the water supply well.9.1.a.5.A. Flow tests shall include a site description consisting of a site diagram accurately describing the drinking water well location with GPS coordinates, as well as any septic leach fields or other significant structures that that may be present; a description of the household that the subject drinking water well serves, including occupancy, number of bathrooms, other water discharge points such as external hose bibs, kitchen and laundry facilities, swimming pools, and other outbuildings supplied by the subject drinking water well; and a description of the components of the water system, such as a well pit, pump house, basement installation, etc.9.1.a.5.B. Flow tests shall include collection of the following technical details: 9.1.a.5.B.1. All known characteristics of the pump system including make, model, horsepower rating of the pump and drive motor, water treatment and filtration systems, pressure tanks and storage tanks;9.1.a.5.B.2. An accurate description of all known subsurface completion characteristics of the drinking water well, including depth, casing type, and diameter, sand pack (if present), and discharge line characteristics;9.1.a.5.B.3. An accurate description of the groundwater discharge point where the flow measurement and quality sampling will take place, such as a hydrant, exterior hose bib, interior water tap, or other point of discharge; and9.1.a.5.B.4. A description of the equipment the discharge passes through before flow measurement or sampling, such as filtration systems, pressure tanks, etc.9.1.a.5.C. Where the drinking water well is accessible for water level measurements, all depth measurement equipment and procedures used in the drinking water well flow test described in subparagraph 9.1.a.5.D. below shall be accurately described in a manner that can be easily replicated should additional testing be required. All water level and well depth measurements shall be within an accuracy of one-half inch (1/2"). The equipment and method used for measuring the well discharge rate shall be documented. If a water meter is used, the make, model, and accuracy parameters shall be recorded. If the flow rate is determined by filling a container of known volume, times shall be recorded to the nearest one-half second (1/2 sec).9.1.a.5.D. The drinking water well flow test for wells accessible for water level measurements shall be in substantial compliance with the following procedure or an alternative procedure approved by the Chief. Any testing procedures determined to present a potential to cause adverse impacts to the water resources, drinking water well or associated pumping equipment shall be modified to minimize impact. 9.1.a.5.D.1. The drinking water well shall be taken out of service for a minimum of thirty (30) minutes prior to the start of the pump test.9.1.a.5.D.2. The water level shall be measured at thirty (30), ten (10) and five (5) minutes before the start of pumping to document static conditions and immediately before the start of pumping, which is to be designated as time zero (0) for the test.9.1.a.5.D.3. A step-drawdown test shall be performed at pumping rates that start at approximately fifty percent (50%) of the anticipated yield and progress to higher rates in approximately equal steps until the water level fails to stabilize over the step period.9.1.a.5.D.4. Water level measurements shall be recorded at regular time intervals measured in minutes. Suggested time intervals for measurement are once per minute during the first ten (10) minutes of testing; every two (2) minutes up to thirty (30) minutes of testing; every five (5) minutes up to sixty (60) minutes of testing; and at ten (10) minute intervals throughout the remainder of the test.9.1.a.5.D.5. The water level measurement taken at the conclusion of the withdrawal portion of the test shall be the same as the zero (0) minutes of recovery time. Water levels shall be measured during the recovery time at the same intervals as measured for the draw down period. The recovery interval shall continue until the groundwater levels have recovered to ninety percent (90%) of their pretest levels.9.1.a.5.E. Where the drinking water well is inaccessible for water level measurements, the operator shall coordinate with the drinking water well owner to come to agreement on a satisfactory analysis method. All equipment and procedures used in the drinking water well flow test shall be accurately described in a manner that can be easily replicated should additional testing be required.9.1.a.5.F. Raw groundwater samples shall be collected within ten (10) minutes of the end of the flow test or when it has been determined that a representative sample can be obtained. The samples shall be collected and analyzed in accordance with subsection 15.3. of this rule.9.1.b. All operators who withdraw two hundred ten thousand (210,000) gallons or more of water from waters of this State during any thirty-day period shall adhere to the following operational and reporting requirements: 9.1.b.1. Within forty-eight (48) hours prior to the withdrawal of water, the operator shall identify the location of withdrawal by latitude and longitude; verify, using methods outlined in paragraph 9.1.a.1 above, that sufficient flow exists to protect designated uses of the stream; and provide notice to the Chief in a form and manner approved by the Chief;9.1.b.2. Water withdrawal locations and facilities shall be limited to those identified in the approved water management plan, as required in Section 5.6. of this rule. All water withdrawal locations identified in the water management plan shall be identified with a sign that meets the requirements set forth in Section 5.6.e. Such signage shall be erected within twenty-four (24) hours of notification of intent to commence active withdrawals. Prior to use, best management practices for controlling erosion and sedimentation shall be installed at water withdrawal sites and shall be routinely inspected and properly maintained during all phases of activity covered by the well work permit. These practices shall meet the minimum requirements for erosion and sediment control structures described within the Office of Oil and Gas Sediment Control Field Manual. When the withdrawal location is no longer being utilized, or at the direction of the Chief, the operator shall notify the Chief, remove all signage, and reclaim the location. During withdrawals, a person who is aware of the water withdrawal limiting thresholds and who has the ability to determine if adequate flow is available shall be present any time pumping is commenced and shall monitor the water withdrawal location and assigned stream gauging stations at least one time during the calendar day when pumping is occurring. A daily record of such monitoring shall be available upon request.9.1.b.3. For all water used for hydraulic fracturing of horizontal wells and for flowback water from hydraulic fracturing activities and produced water from production activities from horizontal wells, an operator shall comply with the following record-keeping and reporting requirements:9.1.b.3.A. For production activities, the following information shall be recorded and retained by the well operator: (1) the quantity of flowback water from hydraulic fracturing of the well; (2) the quantity of produced water from the well; and (3) the method of management or disposal of the flowback and produced water; For the purposes of this section flowback shall be defined as the water recovered during the first thirty (30) days of the flowback period.9.1.b.3.B. For transportation activities, the following information shall be recorded and maintained by the operator: (1) the quantity of water transported; (2) the collection and delivery or disposal location(s) of the water; and (3) the name of the water hauling company.9.1.b.3.C. The information maintained pursuant to this subdivision shall be available for inspection by the department along with other required permits and records and maintained for three years after the water withdrawal activity.9.1.c In any area having karst terrain, as identified, mapped, and published by the West Virginia Geological and Economic Survey, the operator shall conduct baseline water testing prior to commencement of any site construction or well work. Testing shall be conducted on the water resources which are determined to have a physical connection or are hydrologically connected and down-gradient of the well location.9.2 Casing and Cementing Standards9.2.a. The operator shall prudently drill through fresh groundwater zones so as to minimize any disturbance of them. Further, the operator shall construct the well and conduct casing and cementing activities of all horizontal wells in accordance with W. Va. Code §§ 22-6A-5(a)(10), (11), (12), and (13) and 22-6A-24 and this rule and in a manner that will provide for control of the well at all times, prevent the migration of gas and other fluids into the fresh groundwater and coal seams, and prevent pollution of or diminution of fresh groundwater.9.2.b. General Casing Standards 9.2.b.1. The diameter of each section of the wellbore in which casing will be installed and cemented shall be at least one inch greater than the outside diameter of the casing collar to be installed.9.2.b.2. Casing shall be centralized in each segment of the wellbore to provide sufficient casing standoff and facilitate effective circulation of cement to isolate critical zones. Centralizers must meet standards established by the American Petroleum Institute (API) in Specification 10D where bow spring centralizer use is applicable, or in API 10TR-5 for use of solid or rigid centralizers, where applicable.9.2.b.3. All casing shall be made of steel and manufactured and tested consistent with standards established by the API in API Specification 5CT or the American Society for Testing Materials (ASTM). Each casing connection shall be torqued in accordance with manufacturers' specifications or API standards RP 5A3 and RP 5C5 to preserve the design integrity of the casing. The Office may approve welded casing connections. At a minimum welded casing connections shall be conducted by a certified welder and the casing must be pressure tested before drill out.9.2.b.4. All casing shall possess an internal pressure rating twenty percent (20%) greater than the anticipated maximum pressure to which the casing will be exposed. Prior to installation, used casing must pass a hydrostatic pressure test at a pressure twenty percent (20%) greater than the anticipated maximum pressure to which the casing will be exposed.9.2.b.5. The operator shall provide notice to the oil and gas inspector at least twenty-four (24) hours prior to the commencement of any casing installation.9.2.b.6. Subsequent to the installation and cementing of any casing, a casing pressure test may be required by the Chief to establish casing integrity.9.2.c. Conductor Casing Standards 9.2.c.1. Conductor casing shall be set where necessary to stabilize unconsolidated sediments and must be installed in a manner that prevents infiltration of surface fluids into the subsurface.9.2.c.2. Conductor casing may be driven into place. If set in a drilled hole, the casing annulus must be cemented. Cementing of the conductor casing may be done by grouting from the surface, so long as any fresh groundwater zones are cemented across and isolated.9.2.c.3. The section of the wellbore in which the conductor casing is installed, if not driven, must be drilled using only air, fresh water or freshwater-based drilling fluid. Any additives to the drilling fluid, such as soap, must be added in a manner that is protective of fresh groundwater.9.2.d. Freshwater Casing Standards 9.2.d.1. The freshwater protective casing required by W. Va. Code § 22-6A-5(a)(13) shall extend at least fifty feet (50') and no more than one hundred fifty feet (150') below the deepest freshwater horizon (that being the deepest horizon that will replenish itself and from which fresh water or usable water for household, domestic, industrial, agricultural or public use may be economically and feasibly recovered) and shall have cement circulated in the annular space outside the casing. The freshwater protective casing may be installed to a depth greater than one hundred fifty feet (150') below the deepest freshwater horizon in order to cover workable coal seams or to address unstable wellbore conditions, so long as all other requirements of this subsection are met.9.2.d.2. The section of the wellbore in which the freshwater casing is installed shall be drilled using only air, fresh water or freshwater-based drilling fluid and shall be conducted using operating practices that minimize damage or disturbance or the possibility of unnecessary damage or disturbance to the uncased strata/formations and groundwater contained in any of those formations; provided that in any area having karst terrain, as identified, mapped and published by the West Virginia Geological and Economic Survey, the section of the wellbore in which the freshwater casing is installed shall be drilled using only air. The requirements of this section do not prevent the use of drilling practices and procedures reasonably necessary to the successful drilling of the well in a safe manner. The requirements of this section shall not be construed to prohibit practices specifically allowed by statute or other rules. Any additives to the drilling fluid, such as soap, must be added in a manner that is protective of the fresh groundwater. In any karst region, when a well is drilled through a cave void, the freshwater casing shall be equipped with a cement basket or similar device above and as close to the top of the cave as practical to allow for cementing of the annular space from that point to the surface. The hole may be drilled no more than one hundred feet (100') below the base of the cave prior to installing the casing or liner.9.2.d.3. A minimum of three hundred feet (300') of freshwater casing shall be installed, except that less than three hundred feet (300') may be installed if necessary to avoid penetration of any salt water, oil or gas bearing zones.9.2.d.4. The volume of cement needed shall be calculated using approved engineering methods to assure the return of the cement to the surface through circulation by the displacement method. Cement baskets may be installed on the surface casing in areas where lost circulation zones may exist to facilitate cement circulation to the surface through the displacement method or, if necessary, through grouting from the surface.9.2.d.5. In the event cement does not return to the surface, the oil and gas inspector shall be notified within twenty-four (24) hours. If the top of the cement cannot be located using sound engineering practices approved by the Chief or the Chief's designee, then an electric log or similar technology approved by the Chief shall be used. Sound engineering practices approved by the Chief or the Chief's designee shall be used to fill the annular space back to the surface. Requests to approve methods other than pre-approved practices shall be acted upon by the Chief or the Chief's designee within twenty-four (24) hours of actual notice to the Chief or the Chief's designee, otherwise the request will be deemed approved.9.2.d.6. If the coal protection casing is cemented to the surface in accordance with the prescribed procedure, this may also be considered a freshwater protective casing.9.2.d.7. In no case shall the freshwater casing penetrate salt water or gas bearing strata or extend below sea level.9.2.d.8. There shall be no oil and gas production through the freshwater casing.9.2.d.9. Variances from the requirements of this section shall be granted on a site specific or area basis in accordance with section 14 of this rule. 9.2.d.10. Subsequent to installation and cementing of the fresh water protection casing, a formation integrity test (FIT), as recognized by the American Petroleum Institute (API) Standards 65 Part 2, may be required by the Chief to establish cement and formation integrity during well work activities. FIT tests should consider heavier mud weights or equivalent mediums expected during drilling of the borehole below the casing shoe. Any FIT test conducted shall apply a known or predetermined pressure limit that may need established for that region, specific well activity, or as otherwise required by the Chief and shall be conducted no more than fifty (50) feet in drilling out and below the fresh water protection casing shoe.9.2.e. Standards for Casing through Coal Seams. 9.2.e.1. The coal protection casing required to be installed through the workable coal seam(s) by W. Va. Code § 22-6A-5(a)(10), (11), and (12) shall be in addition to the production casing.9.2.e.2. The coal protection casing required by W. Va. Code § 22-6A-5(a)(10) shall have cement circulated by the displacement method in the annular space outside the casing. The volume of the cement needed shall be calculated by using approved methods to assure the return of the cement to the surface. In the event cement does not return to the surface, the oil and gas inspector shall be notified. Sound engineering practices approved by the Chief or the Chief's designee shall be used to fill the annular space back to the surface.9.2.e.3. When a well is drilled through a horizon of a coal bed from which the coal has been removed, the coal protection casing shall be equipped with a cement basket or similar device above and as close to the top of the coal bed as practical to allow for cementing of the annular space from that point to the surface. The hole may be drilled no more than one hundred feet (100') below the base of the mine void prior to installing the casing or liner required by W. Va. Code § 22-6A-5(a)(12) without prior approval from the Chief.9.2.e.4. Either the freshwater casing or the intermediate casing may serve as the coal protection casing.9.2.e.5. Subsequent to installation and cementing of the coal protection casing, a formation integrity test (FIT), as recognized by the American Petroleum Institute (API) Standards 65 Part 2, may be required by the Chief to establish cement and formation integrity during well work activities. FIT tests should consider heavier mud weights or equivalent mediums expected during drilling of the borehole below the casing shoe. Any FIT test conducted shall apply a known or predetermined pressure limit that may need established for that region, specific well activity, or as otherwise required by the Chief and shall be conducted no more than fifty (50) feet in drilling out and below the coal protection casing shoe.9.2.f. Intermediate Casing Standards 9.2.f.1. Intermediate casing shall be set when necessary to provide for well control, down-hole stability, safety, and separation of flow zones and when installed shall be cemented to the surface through circulation by the displacement method, unless conducted in a manner otherwise approved by the Chief.9.2.f.2. Subsequent to installation and cementing of the intermediate casing, a formation integrity test (FIT) , as recognized by the American Petroleum Institute (API) Standards 65 Part 2, may be required by the Chief to establish cement and formation integrity during well work activities. FIT tests should consider heavier mud weights or equivalent mediums expected during drilling of the borehole below the casing shoe. Any FIT test conducted shall apply a known or predetermined pressure limit that may need established for that region, specific well activity, or as otherwise required by the Chief and shall be conducted no more than fifty feet (50') in drilling out and below the intermediate casing shoe.9.2.g. Production Casing Standards. - Production casing shall be installed and may be cemented in place or set without cement to allow for packer completion. If cemented, the cement shall be placed in the hole by the displacement method from the bottom of the hole to a point at least five hundred feet (500') above the shallowest producing zone. If no intermediate casing is installed, production casing must be cemented to a point at least five hundred feet (500') above the shallowest fluid bearing zone.9.2.h. Cementing Standards 9.2.h.1. Prior to cementing, the wellbore shall be conditioned to ensure adequate cement displacement and a high quality bond between cement and the wellbore.9.2.h.2. All cement placed in the wellbore shall meet the ASTM C 150 Standard or API Specification 10A.9.2.h.3. Cement must protect the casing from corrosion and degradation associated with the geochemical, lithological, and physical conditions of the wellbore. Sulfate resistant cement shall be used whenever necessary to protect the casing and prevent the migration of hydrogen sulfide and sulfate waters.9.2.h.4. Cement placed in the annular space around the casing shall be allowed to set to a minimum compressive strength of five hundred pounds per square inch (500 psi) and achieve a compressive strength of one thousand two hundred pounds per square inch (1,200 psi) in seventy-two (72) hours, using approved engineering data for the type of cement used. The waiting time for cement used in compliance with this section shall not be less than eight (8) hours.9.2.h.5. The cement slurry must be mixed and pumped at a rate that ensures a consistent slurry density. Surface casing cement free water separation may be no more than six milliliters (6mL) per two hundred fifty milliliters (250mL) of cement separation, tested in accordance with API RP 10B. Intermediate casing cement free fluid separation may be no more than three milliliters (3mm) per two hundred fifty milliliters (250mL) of cement slurry, tested in accordance with API RP 10B-2.9.2.h.6. Cement testing shall be conducted in accordance with API standards.9.2.h.7. The oil and gas inspector shall be notified at least twenty four (24) hours prior to the commencement of any cementing operations.9.2.h.8. Cement used to fill the annular space around the freshwater and coal protection casing shall be API Class A Ordinary Portland cement with no greater than three percent (3%) calcium chloride and no other additives. If the well operator furnishes satisfactory proof that a different type of cement or additive is adequate, the Chief may approve use of a different type of cement.9.2.h.9. The operator shall maintain a copy of the cementing records for each casing string at the well site for review by the oil and gas inspector. The records shall include the type of cement, any cement additives used, the volume, yield, and density of the cement, and the amount of cement returned to the surface. The records shall contain information describing the sequence of events during the cementing operation and include pumping rates, pressures, and pumping time.9.2.i. Defective Casing or Cementing - The operator shall report defective, insufficient or improperly cemented casing to the oil and gas inspector or the Chief within twenty-four (24) hours of discovery of the problem and, within seventy-two (72) hours, correct the defect or submit a plan to correct the defect to the Chief for approval. If the defect cannot be corrected or a plan is not approved by the Chief, the well shall be plugged upon the issuance of a written order by the Chief.9.2.j. Annual Inspection - The operator shall conduct an inspection at the surface of each unplugged well. The inspection shall be conducted no less frequently than once per calendar year and in a method approved by the Chief. The operator shall certify that the required inspections have occurred, in a form approved by the Chief and filed with the operator's annual report required by section 11 below. During inspection, if the operator detects evidence of more than de minimus leakage or other indications of casing integrity failure, the operator shall notify the oil and gas inspector and the Chief of the same and take all appropriate measures to eliminate or mitigate the leakage or casing integrity failure.9.2.k. Results of the tests conducted in accordance with subsection 9.2 of this rule shall be maintained on the well site and readily available for review by the oil and gas inspector until completion of the permitted well work.9.3. Fracture Propagation -- The permittee shall provide notice to all known well owners and/or operators of potential conduits, as determined by Section 5.11 of the permittee's planned completion activities prior to commencement of completion activities. Such notice shall include information on the timing and duration of the well completion activities and the permittee's contact information so that the owner and/or operator can monitor and contact the permittee if any potential fracture communication issues are observed. The permittee shall offer to coordinate or assist with all appropriate monitoring.9.3.a. If the permittee is notified of potential fracture communication, the permittee shall suspend the completion activities and review if fracture communication has occurred and whether the completion activities can be appropriately managed by modifying the operation. Upon suspending the completion activities the permittee shall notify the oil and gas inspector immediately. The permittee may resume completion activities only upon an approved demonstration to the Chief or his designee.9.3.b. The permittee shall monitor any existing abandoned well that is located within the area of review defined in subsection 5.11. of this rule and that may serve as a potential conduit for unintended fracture propagation during completion activities. The Chief may require, in his or her reasonable discretion, that any monitored abandoned well be plugged or re-plugged in the event that communication between the permitted well and the monitored abandoned well cannot be adequately and safely managed by operating adjustments during completion activities.9.3.c. The permittee shall monitor all associated fracturing treatment pressures throughout the entirety of the hydraulic fracturing operation. If data monitoring indicates that communication has occurred, the permittee shall terminate the fracturing operations and relieve the associated pressure. Upon fracture termination the operator shall contact the oil and gas inspector immediately.9.4. Blowout Prevention Training - The operator shall assure that, at all times during the drilling, completion or re-work operation, a person is present who has successfully completed a blowout prevention training course that has been approved by the Chief.9.5. The operator shall, at all times, conduct all operations on the well pad in a manner that will provide for control of the well and all ancillary equipment.