Montana Board of Oil & Gas Conservation Underground Injection Control Rules


36.22.1401 DEFINITIONS For the purposes of this sub-chapter the following are defined:(1) "Area of review" means the area surrounding an injection well to a radius calculated according to the criteria set forth in ARM 36.22.1424 or a fixed radius of one quarter mile, or for an area project, the project area plus a radius calculated according to the criteria set forth in ARM 36.22.1425 circumscribing area the width of which is one quarter mile.(2) "Confining zone" means the geological formation or formations, or the portion of a formation that is capable of limiting fluid movement out of the injection zone.(3) "Corrective action" means the reworking, repair, re-plugging or other activity taken for the purposes of preventing migration of injected fluids into underground sources of drinking water through any existing wellbore that penetrates the injection zone within the area of review.(4) "Class II injection well" means a well that:(a) injects fluids brought to the surface in conjunction with conventional oil and gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection;(b) is used to inject brines or other fluids brought to the surface in connection with oil or gas production or gas storage operations;(c) is used to inject brines or other fluids described in (4)(b) which, prior to injection, have been:(i) used on-site for purposes integrally associated with oil and gas production or storage;(ii) chemically treated or altered to the extent necessary to make them useable for purposes integrally related to oil and gas production or storage; or(iii) commingled with fluid wastes resulting from the treatment described in (4)(c)(ii),so long as they do not constitute a hazardous waste;(d) is used to inject fresh water (i.e., water containing less than 10,000 mg/L total dissolved solids) from groundwater or surface water sources, added to or substituted for the brine may also be injected, as long as the only use of the water is for purposes integrally associated with oil and gas production or storage;(e) is used to inject fluids for the enhanced recovery of oil or gas;(f) is used to inject fluids for storage of hydrocarbons that are liquid under standard conditions of temperature and pressure; or(g) is used to inject exempt waste fluids associated with oil or natural gas exploration and production as long as their physical state allows it, including produced water, drilling fluids, drill cuttings, rigwash, well completion fluids, work-over wastes, gas plant dehydration wastes, gas plant sweetening wastes, spent filters and backwash, packing fluids, produced sand, production tank bottoms, gathering line pigging wastes, hydrocarbon-bearing soil, and waste crude oil from primary field sites.(5) "Class III well" means a well that injects for the extraction of minerals other than oil or gas including:(a) mining of sulfur;(b) in situ production of uranium or other metals other than by solution mining of conventional mines;(c) solution mining of salts or potash.(6) "EPA" means the United States environmental protection agency.(7) "Injection well, new" means a class II well that began injecting after the effective date of the UIC program delegation by the EPA.(8) "Injection well, existing" means an injection well other than a new injection well.(9) "Injection zone" means the geological formation, group of formations, or portion of a formation that receives the injected fluids through a well.(10) "Injected fluids" means any material or substance which flows or moves and is emplaced in an injection zone through a class II injection well.(11) "Mechanical integrity" means that:(a) there is no significant leak in the casing, tubing, or packer of the injection well; and(b) there is no significant fluid movement into an under-ground source of drinking water (USDW) from the injection zone or from a non-USDW geologic stratum or zone of rock overlying the injection zone, or flow between adjacent USDW's through channels adjacent to the injection wellbore.(12) "Program director" means that employee of the Montana board of oil and gas conservation (board) designated by the board as the principal administrator of the Montana underground injection control program delegated by EPA.(13) "Produced water" means that fluid injected into an injection zone through a class II injection well, and includes liquids recovered from drilling pits, waste water from gas plants which are an integral part of production operations, (unless those waters are classified as hazardous waste by EPA at the time of disposal), and recovered workover fluids.(14) "UIC" means underground injection control.(15) "Underground source of drinking water (USDW)" means an aquifer or portion thereof which supplies drinking water for human consumption, or an aquifer which contains fewer than 10,000 mg/l total dissolved solids and is not an exempt aquifer under ARM 36.22.1418. (16) "Well" means a bored, drilled, or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension.(17) "Well injection" means the subsurface emplacement of fluids through a bored, drilled, or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension.(18) "Well plug" means a watertight and gastight seal installed in a borehole or well to prevent movement of fluids.(19) "Well stimulation" means several processes used to clean the wellbore, enlarge channels, and increase pore space in the interval to be injected thus making it possible for wastewater to move more readily into the formation, and includes surging, jetting, blasting, acidizing, and hydraulic fracturing.

(20) "Well monitoring" means the measurement, by on-site instruments or laboratory methods, of the quality of water of a well. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96; AMD, 1996 MAR p. 1308, Eff. 5/10/96; AMD, 1996 MAR p. 1308, Eff. 5/10/96.)


36.22.1402 UNDERGROUND INJECTION (1) No person shall commence a new injection project or construct or operate a new class II injection well, or convert an existing well to injection, whether for the purpose of disposal, or as part of an enhanced recovery project, or for the storage of liquid hydrocarbons, without a permit from the board.

(2) Existing injection wells operating under valid EPA-issued or rule authorized class II injection permits will be governed under the terms and conditions of such permits until permit expiration or plugging, whichever occurs first; provided, however, that no existing injection well may be operated in a manner inconsistent with the laws and rules of the board. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96; AMD, 1996 MAR p. 1308, Eff. 5/10/96.)


36.22.1403 APPLICATION CONTENTS AND REQUIREMENTS (1) The application for water injection or disposal of produced water must be filed with the board showing:(a) the location of the input well or wells;(b) the location and mechanical condition, of all oil and gas wells including abandoned and drilling wells, dry holes, and any other wells which penetrate the injection zone within the area of review;(c) the location of all pipelines which will be used to transport fluids to the input well for storage and injection;(d) the formations from which wells are producing or have produced, the formations, depth, and estimated water quality of the deepest potential underground sources of drinking water, and the location and depth of any water wells in the area of review;(e) the name, description, and depth of the injection zone(s) including a water analysis or other water quality information acceptable to the board, estimated formation pressure, and reservoir characteristics of the zone, and the name, lithologic characteristics, depth, and estimated fracture gradient of the confining zone;(f) the elevation of the top of the oil or gas bearing formation in the input well or wells and in the wells producing from the same formation within the area of review of the project;(g) the electric log of the input well or wells or other log or lithological information not already on file with the board;(h) a description of the input well or wells casing and cementing program (all new wells must be cased and cemented so that migration of fluids into or between USDW's is prevented);(i) a description and analysis of the injected fluids stating the kind, source, and the estimated amount to be injected daily, and the average and maximum anticipated injection pressure;(j) the names and addresses of the leasehold owners, including unleased mineral owners, and the surface owners within the area of review of the input well(s).(2) One application may be made for multiple class II injection wells in a geographic area if all wells within that geographic area have substantially the same mechanical and geologic characteristics and are operating in the same field, unit, or lease. Where appropriate, an application for underground injection of fluids on an area basis may include the information required in subsection (1) of this rule for a typical class II injection well in lieu of submitting such information on all class II injection wells in the application provided such class II injection wells have substantially the same characteristics. The area of review for such an area application is the project area plus a circumscribing area the width of which is one quarter (1/4) mile.

(3) If injected fluids will be collected and retained in pits, ponds, or other open receptacles prior to injection, the applicant must submit an application on form 23 for a permit to construct or operate a pit or pond when the application for water injection or disposal is filed with the board. All earthen reservoirs, pits, ponds, and open receptacles must comply with ARM 36.22.1207, 36.22.1226, and 36.22.1227. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96.)


Rules 36.22.1404 and 36.22.1405 reserved


36.22.1406 CORRECTIVE ACTION (1) It is the obligation of the applicant to demonstrate to the board's satisfaction that the existing wells that penetrate the injection zone within the area of review are in adequate mechanical condition to prevent migration of injected fluid into any USDW. The board will require the applicant to submit a plan for corrective action, including the reworking, repairing or re-plugging of any such well(s) the board considers to be a possible avenue for fluid migration. Injection must not commence until satisfactory completion of the work required in the approved corrective action plan.(2) The board may require that corrective action be taken if, after notice and hearing, it is shown that USDW's outside the area of review are threatened by an injection well or wells.

(History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96.)


36.22.1407 SIGNING THE APPLICATION (1) Applications must be signed (for a corporation) by a principal executive officer of at least the level of vice-president, or by an agent and attorney-in-fact; or, (for a sole proprietorship) by the sole proprietor; or, (for a partnership) by a general partner. If the application is submitted on behalf of a federal, state, or other public agency, or by a municipality, signature must be of a principal executive or a ranking elected official. The application may be signed by a duly authorized representative if the authorization is made in writing by one of the above described persons, and if the authorization either names an individual or specifies a position having responsibility for the operation of the project. The written authorization will be submitted to the board, and must be promptly replaced if the authorization no longer accurately describes the responsible position or person. Application for enhanced recovery projects must be signed by all operators who will participate in the proposed project, or by the unit operator if the request is part of a plan for unitized operation under 82-11-201, et seq., MCA. Applications for disposal wells must be signed by the well operator. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96.)


36.22.1408 FINANCIAL RESPONSIBILITY (1) The owner or operator of any injection well must comply with the bonding requirements of ARM 36.22.1308; provided, however, that such bonding requirements must also apply to lands owned or held in trust by the United States. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96; AMD, 1996 MAR p. 1308, Eff. 5/10/96.)


36.22.1409 HEARINGS (1) For new wells or projects a petition for hearing of the application for underground injection must be filed in triplicate with the board at its Helena office. Upon receipt of the petition, the board will set a hearing date for the application, and cause notice of the hearing to be published as provided in 82-11-141, MCA. Notice of hearings will be first published at least 30 days in advance of the hearing date.

(2) Administrative approval may be given for an additional well or recompletion of an existing well within a previously approved area or enhanced recovery project, provided that the applicant demonstrates through the application that the well requested has substantially the same characteristics and operating parameters previously approved by the board for injection wells in the project. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96; AMD, 1996 MAR p. 1308, Eff. 5/10/96.)


36.22.1410 NOTICE OF APPLICATION (1) Notice of application for underground injection permit must be mailed to each current operator, and surface owners, within the area of review. A copy of the notice must also be mailed to the Region VIII office of the EPA. Such notices must be mailed on or before the date the application is mailed to or filed with the board.(2) Applicants for an additional new well or wells, or for recompletion of an existing well or wells to injection service, within an approved area or enhanced recovery project must mail notice to each current operator, lease owner of non-operated lease, mineral owner of non-operated lease within the area of review, and the surface owner of each new well site, on or before the date the application is mailed to the board.

(3) The applicant must advise each party to which notice is given that the application is eligible for administrative approval by the program director, unless objections are received within 20 days of receipt of the application by the program director. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96; AMD, 1996 MAR p. 1308, Eff. 5/10/96.)


36.22.1411 BOARD AUTHORIZATION (1) No injection program shall be instituted until the same has been authorized by the board.(2) The board will make such special orders and rules for the individual case as conditions may justify.

(3) If the board determines, or is notified by EPA, that the approval of an application, or a portion of the application, is beyond the scope of delegated authority, or requires the concurrence of EPA, the board will refer the application to EPA, and final disposition of the application will be deferred until EPA concurrence is received. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96; AMD, 1996 MAR p. 1308, Eff. 5/10/96.)


Rules 36.22.1412 and 36.22.1413 reserved


36.22.1414 NOTICE OF COMMENCEMENT OR DISCONTINUANCE - PLUGGING OF ABANDONED WELLS (1) Within 30 days of the commencement of underground injection operations, the applicant must notify the board of the same and the date of commencement in conjunction with the filing of form 4 for well completions and recompletions.(2) Within 30 days after the discontinuance of an enhanced recovery or liquid hydrocarbon storage project, the operator of the project must notify the board of the date of such discontinuance and the reasons therefore.(3) Before any class II well shall be abandoned, written notice must be served on the board, and approval of the abandonment plan received from the program director or other authorized representative of the board. The abandonment plan must, at a minimum provide for isolation of the injection zone with a cement, or mechanical plug capped with cement, and for the isolation and protection of each USDW in such a manner as to prevent movement of fluids between USDW's.(4) Injection wells which fail a mechanical integrity test (MIT), or which otherwise have lost mechanical integrity, will be immediately removed from service and promptly repaired or plugged for abandonment within 180 days of the failed test or discovery of lost mechanical integrity unless otherwise ordered by the board; provided, however, that the operator of an injection well that has failed the MIT or has lost mechanical integrity may apply to the program director, or other authorized representative of the board, to defer repair or plugging. Any deferment granted will be under such conditions of physical isolation of the injection zone, or monitoring and reporting requirements deemed necessary under the circumstances to protect any USDW's penetrated by the wellbore. Up to a 2 year deferment may be granted administratively from the date of the failed test, but will not be extended without consent of the board. The board may order further deferment for up to 2 years, after notice and hearing, upon a showing that all USDW's are protected.

(5) Injection well operators will report the status of each unplugged injection well in its monthly injection reports on form 5. The operator will notify the board of any well which the operator expects to be shut-in or temporarily abandoned for a period of 6 months or more. Any injection well which has been shut-in or temporarily abandoned for a period in excess of 2 years must be properly plugged and abandoned. An operator may apply for a plugging deferment as provided in (4) above upon a showing of reasonable cause and demonstration of non-endangerment to USDW's. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96.)


36.22.1415 RECORDS REQUIRED (1) The owner or operator of any class II injection well or wells must keep and retain for at least 5 years, an accurate record of: (a) the cumulative amount of fluid injected into such well or wells;
(b) the wellhead pressure or pressures, and the injection rate at the time the pressure is recorded;
(c) the total amount of water produced, and the total amount of oil and gas produced from an enhanced recovery project;
(d) the pressure in the casing - tubing annulus if monitoring of such pressure is required as part of a mechanical integrity test;
(e) the results of any chemical or physical analyses performed on injection zone fluids and injected fluids.(2) The information required in (1)(a) through (d) of this rule must be observed at least weekly and a representative observation recorded at least monthly and filed with the board on board form 5.

(3) The owner or operator of any class II injection well permitted after the effective date of this rule must conduct a chemical analysis of the typical injected fluids during the 12th month of injection. Samples of typical injected fluids must be taken at the injection wellhead, or, where more than one well is receiving fluid from a common facility, the sample may be taken from the discharge line of such facility. The chemical analysis of the typical injected fluids must include tests for total dissolved solids (TDS), specific conductivity, pH, and percent oil and grease. The results of such analysis must be submitted in writing to the board within 45 days after the sample is taken. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96.)


36.22.1416 MECHANICAL INTEGRITY (1) From and after the effective date of these rules, all new wells drilled for, and all existing wells converted to, water injection or disposal must demonstrate mechanical integrity before being placed into service. A mechanical integrity test must be designed to determine whether there is a significant leak in the tubing, casing, or packer of the well, and whether there is a significant movement of injected fluid into any USDW or between any USDW's through vertical channels adjacent to the wellbore. The owner or operator of an injection well regulated under this chapter must maintain the mechanical integrity of such well until the well is plugged.(2) A mechanical integrity test that demonstrates that there are no significant leaks in the tubing, casing, or packer will include:(a) a pressure test of the casing-tubing annulus using liquid or gas, or
(b) monitoring of the casing-tubing annulus following a valid initial pressure test, or
(c) a radioactive tracer survey, timed run method, or
(d) any other test or combination of tests considered effective by the board, and approved by the director, office of drinking water, U.S. EPA.(3) A mechanical integrity test also will include a demonstration that there is no significant movement of injected fluid in vertical channels adjacent to the wellbore. Such demonstration must include a cement bond log (with a variable density curve, travel time curve, amplitude curve, and gamma ray curve) or equivalent and may include the following:(a) cementing records which demonstrate volume and type of cement used and which demonstrate absence of unauthorized fluid migrations adjacent to the wellbore;
(b) radioactive tracer surveys;
(c) noise logs;
(d) temperature surveys;
(e) oxygen activation logs; or
(f) any other test or combination of tests considered effective by the board and approved by EPA.(4) After the effective date of these regulations, all existing injection wells which have not had an initial mechanical integrity test must be tested for mechanical integrity as directed by the board.(5) Injection wells must be retested for mechanical integrity no less than once each 5 years from the date last tested. Wells last tested under supervision of EPA will be retested under supervision of the board no less than 5 years from the EPA test date.(6) A pressure test of the casing-tubing annulus as provided in (2)(a) must be performed at a minimum surface pressure of 300 pounds per square inch (psi) or 100 psi above the actual injection pressure at the time tested, whichever is greater; provided, however, that the maximum test pressure will not be required to exceed 800 psi surface pressure. The test will be considered successful if the applied pressure can be held for 15 minutes with no more than 5 percent pressure loss.(7) Wells which fail the mechanical integrity test must be immediately shut-in until either repaired, reworked, or plugged for abandonment in accordance with ARM 36.22.1414. Such wells must be successfully retested for mechanical integrity before being placed in injection service.

(8) Subsequent to any mechanical integrity test, a well operation which causes the injection packer to be unseated or in which the tubing or packer was pulled, repaired or replaced or that has experienced a loss of mechanical integrity will require that the well be retested for mechanical integrity before being placed in service. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96; AMD, 1996 MAR p. 1308, Eff. 5/10/96.)


36.22.1417 NOTIFICATION OF TESTS - REPORTING RESULTS (1) To the extent practicable, the board's field representative will schedule routine mechanical integrity tests required under ARM 36.22.1416. The owner or operator of a class II injection well must give the board at least 48 hours advance written, telephone, or facsimile notice of any mechanical integrity test not originally scheduled by a board representative. Notification of tests not included in the board's routine test schedule must specify the name and telephone number of the person responsible for scheduling the test, the name and address of the owner or operator of the injection well, the name and location of the well, and the time and date the mechanical integrity test will be performed. The board may at any time request a retest for wells where the mechanical integrity test was not performed under the oversight of a representative of the board. (2) The owner or operator must provide a subsequent report of any mechanical integrity test (MIT) on board form 2 regard-less of whether or not the MIT is witnessed by a board representative. Subsequent reports are due within 15 days of the test unless remedial repairs are required, in which case a subsequent report is due within 15 days of completion of the remedial work. If submitted reports are found to not meet board requirements or if approved testing procedures were not used, the board may require a retest.(3) Subsequent reports will include the date of the test or the date on which work began, the manner or method of testing, the results of the test, any remedial work done or required to be performed to demonstrate mechanical integrity, the type and cause of the well failure, and the pressure recording chart used to document the annulus pressure test. The name, address, and telephone number of the company representative, consultant, or contractor that performed the test also must be provided.

(4) Two copies of any well logs, surveys, fluid analyses or any other reports of a technical nature run or made during the test or as part of any reworking or repair efforts must be submitted with the subsequent report. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96; AMD, 1996 MAR p. 1308, Eff. 5/10/96.)


36.22.1418 EXEMPT AQUIFERS (1) The board may authorize the exemption of an aquifer from classification as an underground source of drinking water provided the aquifer:(a) does not currently serve as a source of drinking water; and(b) is not reasonably expected to serve as a source of drinking water because:

(i) the aquifer produces, or is capable of producing, mineral, hydrocarbon, or geothermal energy in commercial quantities, or
(ii) the aquifer is situated at a depth or location which makes recovery of the water for drinking water purposes economically or technologically impractical, or
(iii) the aquifer is so contaminated that it would be economically or technologically impractical to render the water fit for human consumption, or
(iv) the aquifer is located above a class III well mining area subject to subsidence or catastrophic collapse; and

(c) the total dissolved solids content of the groundwater is more than 3,000 and less than 10,000 milligrams per liter and the aquifer is not reasonably expected to supply a public water system. (2) Exempt aquifers will include:(a) any aquifer or portion of an aquifer exempted by EPA prior to the effective date of these regulations;(b) any aquifer or portion of an aquifer exempted by the board after the effective date of these regulations subsequently proposed after notice and hearing, provided such exemption is approved by EPA as required in 40 Code of Federal Regulations, part 144.7(b)(3);(c) any aquifer or portion of an aquifer exempted by the board as a part of a public hearing on an application for an enhanced recovery or area injection permit or other class II well; or

(d) any aquifer or portion of an aquifer proposed by the board for exemption as part of the UIC primacy delegation or subsequently proposed after notice and hearing, provided such exemption is approved by EPA. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96; AMD, 1996 MAR p. 1308, Eff. 5/10/96.)


36.22.1419 TUBINGLESS COMPLETIONS (1) After the effective date of these regulations, tubingless completions or annular injection wells, or wells not equipped to inject through tubing below a packer or other suitable sealing device in the annulus will not be permitted.(2) Exceptions to this requirement will be granted for existing wells in a board approved enhanced recovery or pressure maintenance project where the applicant can demonstrate that it is practically or economically not feasible to equip such wells with tubing and packer.

(3) Mechanical integrity testing and monitoring requirements will be required more frequently and be more stringent for wells permitted as an exception to this rule. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96.)


Rules 36.22.1420 and 36.22.1421 reserved


36.22.1422 PERMIT CONDITIONS (1) Applications for injection wells approved by the board, or administrative approvals issued under the board's authority, are valid for the life of the injection well(s) unless revoked by the board for good cause, after notice and hearing.(2) If administrative approval is requested, the board, or its authorized representative, may approve, modify, or reject any application submitted, stipulate the operating conditions, determine the appropriate test methods and test frequency, or limit the injection pressure and/or the quantity and quality of the fluids injected.

(3) Any operator or owner of an injection well may request an administrative review by the board, at its next regularly scheduled business meeting, of any modifications, stipulation, or restriction placed on a permit by the board's staff. The injection well must be operated in compliance with the original permit conditions until the board's administrative review is complete. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96.)


36.22.1423 INJECTION FEE - WELL CLASSIFICATION (1) The board will collect an annual injection fee of $200.00 for each injection well existing upon the effective date of these regulations, and for each injection well permitted thereafter.

(2) Wells will be classified as injection wells, under these regulations, if: the well is actively used for injection; has been completed for injection service but is idle or shut-in; has been reported to EPA as an injection well; or has been permitted by the board as an injection well, whether or not actually placed into injection service. A well will no longer be classified as an injection well when: it has been permanently plugged in accordance with the board's rules; it has been re-completed or converted to other approved uses, but not simply idled or shut-in; the injection or disposal zone has been effectively isolated in a manner approved by the board; or the work proposed under an approved permit was not done or could not be accomplished. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1992 MAR p. 2171 and 1996 MAR p. 1308, Eff. 5/10/96.)


36.22.1424 WAIVER OF REQUIREMENT BY PROGRAM DIRECTOR (1) When injection does not occur into, through, or above an underground source of drinking water, the program director may authorize a well or project with less stringent requirements for area of review, construction, mechanical integrity, operation, monitoring, and reporting than required herein.(2) When injection occurs through or above an underground source of drinking water, but the radius of endangering influence when computed under ARM 36.22.1425 is smaller or equal to the radius of the well, the program director may authorize a well or project with less stringent requirements for an area of review, operation, monitoring, and reporting than required herein to the extent that the reduction in requirements will not result in an increased risk of movement of fluids into an underground source of drinking water.

(3) When reducing requirements under (1) or (2) of this rule, the program director shall prepare a fact sheet explaining the reasons for the action. (History: 82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, and 82-11-137, MCA; NEW, 1996 MAR p. 1308, Eff. 5/10/96.)

36.22.1425 AREA OF REVIEW (1) The area of review for each injection well or each field, project, or area of the state shall be determined according to either (2) or (3) of this rule unless a variance from these requirements is granted by the board. (2) The zone of endangering influence shall be:(a) in the case of application(s) for single well class II permits, that area the radius of which is the lateral distance in which the pressures in the injection zone may cause the migration of the injection and/or formation fluid into an underground source of drinking water; or(b) in the case of an application for an area permit, the project area plus a circumscribing area the width of which is the lateral distance from the perimeter of the project area, in which the pressures in the injection zone may cause the migration of the injected and/or formation fluid into an underground source of drinking water.(3) Computation of the zone of endangering influence may be based upon the parameters listed below and should be calculated for an injection time period equal to the expected life of the injection well or pattern. The following modified Theis equation illustrates one form which the mathematical model may take.

where: Equation two