Current through Register Vol. XLI, No. 50, December 13, 2024
Section 38-15-1 - General1.1 Scope. This rule sets forth criteria and standards for the requirements which apply to the State Underground Injection Control Program (UIC) as it relates to the exploration, development, production, storage and recovery of oil and gas and related mineral resources in this state. The UIC permit program regulates underground injection by five (5) classes of wells. The five (5) classes of wells are set forth in Section 5 of this rule. Underground injection which is not authorized either by rule or by permit is unlawful.1.2 Authority. W.Va. Code §§ 22-1-13, 22-1-15, 22-1-16; 22B-1-2; 22B-1-7(b)(6); 20-5E-7(h); 20-5A-1 through 24.1.3 Filing Date. June 12, 19871.4 Effective Date. This rule shall become effective upon the date of the proclamation by the Governor pursuant to W. Va. Code § 22-1-20 stating that final approval of the transfer of this program has been given by the United States Environmental Protection Agency or that such final approval is not necessary.1.5 Former Rule Superseded. This legislative rule supersedes in part West Virginia Administrative Regulations, "State Water Resources Board, Chapter 20-5A, Series IX Regulations for the West Virginia Underground Injection Control Program," in effect on July 11, 1985, to the extent that those regulations conflict with the authority of the Department of Energy set forth in Section 1.2 of this rule. Such regulations were continued in effect pursuant to W.Va. Code § 22-1-15 for the benefit of the Department of Energy to the extent that they pertained to the provisions of The West Virginia Energy Act.1.6 Incorporation by Reference. All incorporations by reference in this rule (Series 3) of federal regulations shall refer to those federal provisions in effect as of Hay 1, 1986. A copy of the incorporated regulations was filed with the Secretary of State on May 14, 1986.