(a)	The cementitious material used in the construction of each newly drilled well shall be designed for the life expectancy of the well. In determining and specifying casing and cementing requirements, the following factors shall be considered:

1.	depth to the injection zone;

(Rule 1200—4—6—.11 continued)

2.	depth to the bottom of all formation(s) containing USDWs;

3.	injection pressure and external loading;

4.	hole size;

5.	size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification and construction material);

6.	corrosiveness of injected fluid, formation fluids, and temperatures;

7.	lithology of injection and confining zones; and

8.	type or grade of cementitious material.

(b)	In addition, the Department may consider the following factors:

1.	nature of formation fluids, and

2.	external pressures, internal pressure and axial loading.

(c)	Cementitious material must be compatible with the injected fluid, native fluids, and the formation.

(d)	Use of the cementitious materials used for mixing shall be determined by the applicant, provided the integrity, containment, corrosion protection, and structural strength of the cement are not significantly affected. Accurate records shall be kept and recorded of all additives used.

(e)	Prior to cementing, the hole shall be conditioned in such a way as to optimize bonding of the cement to the casing and formation, and to prevent channeling.

(f)	Placement of cementitious material shall be in such a manner that the purposed and characteristics of the cement are retained, and shall be subject to Department approval.

(g)	The applicant shall submit his cement testing program with the permit application for Department approval. The purpose of the cement testing program is to insure that the cement seal is adequate to prevent migration of fluids in channels, microannular space, or voids in the cement. The following methods of testing, as a minimum, shall be considered:

1. 	pressure testing of casing - to not less than 1.5 times the expected injection pressure;

2.	temperature log; and

3.	cement bond log.

(5)	Testing for Class II Wells

(a)	Appropriate logs and other tests shall be conducted during the drilling and construction of new Class II wells. A descriptive report interpreting the results of that portion of those logs and tests which specifically relate to (1) a USDW and the confining zone adjacent to it, and (2) the injection zone and adjacent formations shall be prepared by a knowledgeable log analyst and submitted to the Department. At a minimum, these logs and tests shall include:

(Rule 1200—4—6—.11 continued)

1.	Deviation checks on all holes constructed by first drilling a pilot hole and then enlarging the pilot hole, by reaming or another method. Such checks shall be at sufficiently frequent intervals to assure that vertical avenues for fluid movement in the form of diverging holes are not created during drilling.

2. 	Such other logs and tests as may be needed after taking into account the availability of similar data in the area of the drilling site, the construction plan, and the need for additional information that may arise from time to time as the construction of the well progresses.  In determining which logs and tests shall be required, the following shall be considered by the Department in setting logging and testing requirements:

(i) 	For surface casing intended to protect USDWs in areas where the lithology has not been determined:

(I) 	electric and caliper logs before casing is installed; and

(II)	a cement bond, temperature, or density log after the casing is set and cemented.

(ii) 	For intermediate and long strings of casing intended to facilitate injection:

(I)	electric, porosity and gamma ray logs before the casing is installed;

(II)	fracture finder logs; and

(III) 	a cement bond, temperature, or density log after the casing is set and cemented.

(b)	At a minimum, the following information concerning the injection formation shall be determined or calculated for new Class II wells or projects:

1. 	fluid pressure;

2. 	estimated fracture pressure; and

3. 	physical and chemical characteristics of the injection zone.

(c)	Prior to commencement of injection, wells shall be tested to assure the initial integrity of the casing, tubing and packer, if used, including pressure testing of the casing-tubing annulus.

(d)	At least once every five years thereafter, injection wells shall be tested to assure their continued mechanical integrity. The results of these tests shall be reported to the Department. Tests demonstrating continued mechanical integrity shall include the following:

1.	measurement of annular pressures in wells injecting at positive pressures under a packer or a balanced-fluid seal;

2.	pressure testing of the casing-tubing annulus for wells injecting under vacuum conditions; and

3.	such other tests which are demonstrably effective and which may be approved for use by the Department.

(Rule 1200—4—6—.11 continued)

(e)	Notwithstanding the test procedures outlined above, the Department may require more comprehensive testing of the injection wells when deemed advisable, including the use of tracer surveys, noise logs, temperature logs, or other test procedures or devices.

(f)	The Department may order special tests to be conducted prior to the expiration of five years if conditions are believed to so warrant. Any such special test which demonstrates

continued mechanical integrity of a well shall be considered the equivalent of an initial test for test scheduling purposes, and the regular five -year testing schedule shall be applicable thereafter.

(g)	The injection well operator shall advise the Department of the date and the time of that initial, a five-year, or special tests are to commence in order that such tests may be witnessed.

(h)	Injection pressure at the wellhead shall not exceed a maximum which shall be calculated so as to assure that the pressure during injection does not initiate new fractures or propagate existing fractures in the confining zone adjacent to USDWs. In no case shall injection pressure cause the movement of injection or formation fluids into USDWs.

(i) 	Injection between the outermost casing protecting USDWs and the well bore is prohibited.

(6) 	Monitoring Requirements

(a) 	Class II wells shall be so equipped that the flow rate, injection pressure and annular pressure can  be determined at any time for each well.

(b) 	The permittee shall monitor the nature of injected fluids at time intervals sufficiently frequently to yield data representative of their characteristics;

(c)	The permittee shall make observation of injection pressure, flow rate, and cumulative volume at least daily.

(d) 	The results of all monitoring shall be maintained by the operator and made available to the Department upon request.

(e) 	The Department may grant administrative exception to the requirement set forth in paragraph (c), of this subsection.

(f)	Hydrocarbon storage and enhanced recovery may be monitored on a field or project basis rather than on an individual well basis by manifold monitoring.  Manifold monitoring may be used in cases of facilities consisting of more than one injection well, operating with a common manifold.  Separate monitoring systems for each well are not required provided the owner/operator demonstrates that manifold monitoring is comparable to individual well monitoring.

(g)	Monitoring requirements shall, at a minimum, include:

1	 Monitoring of the nature of injected fluids at time intervals sufficiently frequent to yield data representative of their characteristics;

2.	Observation of injection pressure, flow rate, and cumulative volume at least with the following frequencies:

(i)	Weekly for produced fluid disposal operations;

(Rule 1200—4—6—.11 continued)

(ii)	Monthly for enhanced recovery operations;

(iii)	Daily during the injection of liquid hydrocarbons and injection for withdrawal of stored hydrocarbons;

(iv)	Daily during the injection phase of cyclic steam operations; and

(v)	Recording of one observation of injection pressure, flow rate and cumulative volume at reasonable intervals no greater than 30 days.

3.	 Maintenance of the results of all monitoring until the next permit review.

(7) 	Commencement, Discontinuance, and Abandonment of Injection Operations

	The following provisions shall apply to all Class II wells.

(a) 	Notice of Commencement and Discontinuance

1. 	Immediately upon the commencement of injection operations in any well, the operator shall notify the Division of the date such operations began.

2. 	Within 30 days after permanent cessation of hydrocarbon storage operations or within 30 days after discontinuance of injection operations into any other well, the operator shall notify the Department of the date of such discontinuance and the reasons therefore. No injection well may be temporarily abandoned for a period exceeding six months unless the owner/operator demonstrates to the satisfaction of the Department that there is a continuing need for such a well, that the well exhibits mechanical integrity, and that continued temporary abandonment will not endanger USDWs. Written permission is required.

(b) 	Abandonment of Injection Operations

1. 	Whenever there is a continuous two (2) year period of non-injection into any Class II well, such project or well must be plugged and abandoned, and the authority for injection shall automatically terminate, unless the owner/operator demonstrates to the satisfaction of the Department that there is a continuing need for such a well, that the well exhibits mechanical integrity, and that continued temporary abandonment will not endanger USDWs. Written permission is required.

2.	Before any injection well is plugged, the operator shall obtain approval for the well’s plugging program from the Department.

3. 	For good cause shown, the Department may grant an administrative extension or extensions of injection authority as an exception to paragraph (1) above.

(c)	Prior to granting approval for the plugging and abandonment of a Class II well the Department shall consider the following information:

1.	The type and number of plugs to be used;

2.	The placement of each plug including elevation top and bottom;

3.	The type, grade, and quantity of cement to be used; and

4.	The method of placement of the plugs.

(Rule 1200—4—6—.11 continued)

5.	The procedure used to meet the requirements of rule 1200-4-6-.04.

(8)	Reporting Requirements

(a) 	Annual reporting to the Department summarizing the results of monitoring required under paragraph (6) of this section is required.  Such summary shall include monthly records of injected fluid, and any major changes in characteristics or sources of injected fluid.

(b) 	Owners or operators of hydrocarbon storage and enhanced recovery projects may report on a field or project basis rather than an individual field basis where manifold monitoring is used.

(c) 	The Department may require a demonstration of mechanical integrity prior to approving transfer of authority to inject.  Prior to approval to inject, the permittee must supply to the Department the following:

1.	the anticipated maximum pressure and flow rate at which the well will operate;

2.	the results of the formation testing program;

3.	the actual injection procedure; and

4.	for new wells, the status of corrective action on defective wells in the area of review.

(9) 	Removal of Produced Water from Leases and Field Facilities

(a)	Produced water shall not be stored or disposed of in any unlined pit, pond, lake or depression or in any other place in a manner that will constitute a hazard to any USDWs.

(b) 	Transportation of any produced water by motor vehicle from any lease, central tank battery, or other facility, without approval of the Department is prohibited.

(c)	Authorization to transport produced water may be obtained by submitting a request to the Department.

(d)	No owner or operator shall permit produced water to be removed from its leases or field facilities by motor vehicle except by a person possessing Department approval.

(10)	Disposition of Transported Produced Water

(a)	No person transporting produced water may dispose of such water on the surface of the ground, or in any pit, pond, lake, depression, draw, or in any watercourse, or in any other place or in any manner which will constitute a hazard to any USDW.

(b)	Delivery of produced water to approved wastewater disposal facilities, enhanced recovery injection facilities, or to a drill site for use in drilling fluid will not be construed as constituting a hazard to USDWs provided the produced waters are placed in tanks or other impermeable storage at such facilities.

(c)	The Department may grant temporary exceptions for emergency situations, for use of produced water in road construction or maintenance or for use of produced waters for other construction purposes upon request and a proper showing by a holder of a Department approval to move produced water.

(11)	Existing Class II enhanced recovery wells and hydrocarbon storage wells.

(Rule 1200—4—6—.11 continued)

	Class II wells in current operation upon the effective date of this rule shall file an application within 6 months of the effective date of this rule.  No application fee will be required. Failure to file an application by the required date shall make the wells in violation of Rule Chapter 1200-4-6 and subject to the new application fee or closure.

(a)	An existing Class II enhanced recovery or hydrocarbon storage injection well is authorized by rule, if the owner or operator injects into the existing well within one year after the date which the State of Tennessee’s UIC program is authorized under the Federal Safe Drinking Water Act and becomes effective.  An owner or operator of a well which is authorized by rule pursuant to this paragraph shall re-work, operate, maintain, plug, abandon or inject into the well in compliance with applicable regulations.

(b)	Duration of well authorization by rule.  Well authorization under this paragraph expires upon the effective date of a permit issued after plugging and abandonment in accordance with an approved plugging and abandonment plan pursuant to these Rules and upon submission of a plugging and abandonment report.

(c)	Prohibitions on injection.  An owner or operator of a well authorized by rule pursuant to this paragraph is prohibited from injecting into the well:

1.	Upon the effective date of an applicable permit denial;

2.	Upon failure to submit a permit application in a timely manner;

3.	Upon failure to submit inventory information in a timely manner;

4.	Upon failure to comply with a request for information in a timely manner;

5.	Upon failure to provide alternative financial assurance;

6.	Forty-eight hours after receipt of the determination by the Commissioner that the well lacks mechanical integrity, unless the Commissioner requires immediate cessation; or

7.	Upon receipt of notification from the Commissioner that the transferee has not demonstrated financial responsibility.

(d)	Requirements.  The owner or operator of a well authorized under this paragraph shall comply with the applicable requirements of this Rule.  Such owner or operator shall comply with the casing and cementing requirements no later than 1 year and other requirements no later than 1 year after authorization.

Authority: T.C.A. 169—3—105. Administrative History: Original rule filed August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001.  Amendment filed February 17, 2010; effective date May 18, 2010

1200—4—6—.12 Class III Wells.

(1)	Permit Application

(a)	For Class III wells, the Department shall require an applicant to furnish a feasibility study demonstrating the applicability of the injection well method of mining.

(b)	A permit must be obtained from the Department prior to the operation of any Class III well. Prior to granting approval for operation of a Class III well or project, the Department

(Rule 1200—4—6—.12 continued)

shall consider all relevant information developed during the construction phase as well as any information submitted in the permit application and supporting documents.

(c)	Permit applications for Class III wells shall be submitted by the applicant using the appropriate permit application form promulgated by the Department and shall contain any attachments necessary to provide:

1.	facility name and location;

2.	name and address of legal contacts (agents of process);

3.	ownership of facility, including address;

4.	a map and a tabulation of data as required by rule 1200—4—6—.10(3)(b)1.

5.	a description of the proposed injection system including type and construction of injection wells, nature of injected fluid and any proposed pretreatment;

6.	a statement of estimated daily volume of fluid to be injected and maximum injection pressure;

7.	an electric log of the well with the proposed injection zone marked, in the case of a well already drilled, or; in the case of undrilled wells a statement of the proposed zone to be mined and the approximate depth, top and bottom, of said zone;

8.	a schematic diagram of the proposed Class III well showing the casing and cementing program together with an explanation thereof; and

9.	a statement by the applicant that the proposed Class III well(s) will be completed in such a manner to insure that the injected substances are injected into the proposed injection zone and that provision has been made for adequate protection of USDWs and any other zones of commercial value.

(d)	The Department may issue a permit on an area basis rather than for each Class III well individually provided that the injection wells are:

1.	described and identified by location in permit application(s) if they are existing wells, except that the Department may accept a single description of wells with substantially the same characteristics;

2.	within the same well field, facility site, reservoir, project, or similar unit in the same State;

3.	operated by a single owner or operator; and

4.	used to inject other than hazardous waste.

(e)	Area permits shall specify:

1.	the area within which underground injections are authorized; and

2.	the requirements for construction, monitoring, reporting, operation, and abandonment, for all wells authorized by the permit.

(f)	The area permit may authorize the permittee to construct and operate, convert, or plug and abandon wells within the permit area provided:

(Rule 1200—4—6—.12 continued)

1.	the permittee notifies the Department at such time as the permit requires;

2.	the additional well satisfies the criteria in paragraph (d) of this section and meets the requirements specified in the permit under paragraph (e) of this section; and

3.	the cumulative effects of drilling and operation of additional injection wells are considered by the Department during evaluation of the area permit application and are acceptable to the Department.

(g)	If the Department determines that any well constructed under an area permit does not satisfy any of the requirements of this section, the Department may modify the permit, terminate, or take enforcement action. If the Department determines that cumulative effects of additional wells are unacceptable, the permit may be modified or revoked.

(2)	Well Construction Standards for Class III Wells

(a)	General Design Considerations

1.	All Class III wells shall be cased and cemented to prevent the movement of fluids into or between USDWs and to maintain the quality of aquifers above the injection zone that may be used for monitoring or other purposes.

2.	In the design specification for Class III wells, the applicant shall address the problem of corrosion, proposed protective measure(s), and if appropriate, proposed methods of monitoring the extent of corrosion subject to Department approval. The applicant shall consider thickness and type of cement, number and thickness of casings, casing material, casing coatings, native fluid quality, injection fluid quality and life expectancy of the well.

3.	Class III wells shall inject fluids through tubing with a packer set immediately above the injection zone, or tubing with an approved fluid seal as an alternative. The tubing, packer, and fluid seal shall be designed for the expected service.

(i)	The use of other alternatives may be allowed with the written approval of the Department. To obtain approval, the applicant shall submit a written request to the Department, which shall set forth the proposed alternative and all technical data supporting its use. The Department will approve the request if the alternative method is deemed capable of providing a comparable level of protection to USDWs.

(ii)	In determining and specifying requirements for tubing, packer, or alternatives the following factors shall be considered:

(I)	depth of setting;

(II)	characteristics of injection fluid (chemical content and corrosiveness);

(III)	injection rate and pressure;

(IV)	annular pressure;

(V)	temperature, volume, viscosity and density of injected fluid; and

(VI)	type and size of casing.

(Rule 1200—4—6—.12 continued)

4.	Department approval is required prior to any remedial procedures that alter the basic design specifications, materials, or character of the well.

(b)	Casings

1.	The casings used in the construction of each newly drilled Class III well shall be designed for the life expectancy of the well.

2.	The number, thickness, type of materials, and length of casing shall be sufficient to protect the quality of USDW and the integrity of the well and the confining strata.

3.	Exact setting depths for all castings shall be determined in the field, based on all available information, and subject to the Department’s approval.

(c)	Cementing

1.	The cementitious material used in the construction of each newly drilled well shall be designed for the life expectancy of the well. In determining and specifying casing and cementing requirements, the following factors shall be considered by the applicant:

(i)	depth to the injection zone;

(ii)	depth to the bottom of all formations containing USDWs;

(iii)	injection pressure, external pressure, internal pressure, and axial loading;

(iv)	hole size;

(v)	size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification and construction material);

(vi)	corrosiveness of injected fluid, formation fluids, and temperatures;

(vii )	lithology of injection and confining zones; and

(viii)	type or grade of cementitious material.

2.	Cementitious materials must be compatible with the injected fluid, native fluids, and the formations penetrated by the bore hole.

3.	Use of additives used for mixing shall be determined by the applicant, provided the integrity, containment, corrosion protection, and structural strength of the cement are not significantly affected. Accurate records shall be kept and recorded of all additives used.

4.	Placement of cementitious material shall be in such a manner that the purposes and characteristics of the cement are retained, and shall be subject to Department approval.

5.	The applicant shall submit his cement testing program with the permit application for Department approval. The purpose of the cement testing program is to insure that the cement seal is adequate to prevent migration of fluids in channels, micro-annular spaces, or voids in the cement. The following methods of testing, as a minimum, shall be considered:

(Rule 1200—4—6—.12 continued)

(i)	pressure testing of casing - to not less than 1.5 times the expected injection pressure;

(ii)	temperature log; and

(iii)	cement bond log.

(d)	Testing

1.	Appropriate logs and other tests shall be made during the drilling and construction of new Class III wells. Upon completion of construction, the completed well system will be tested to assure that the well system will function as designed at the design operation pressures. A descriptive report interpreting the results of such logs and tests shall be prepared by a qualified log analyst and submitted to the Department. The logs and tests appropriate to each type of Class III well shall be determined based on the intended function, depth, construction and other characteristics of the well, availability of similar data in the area of the drilling site and the need for additional information that may arise from time to time as the construction of the well progresses. At a minimum, such logs and tests shall include deviation checks conducted on all holes where pilot holes and reaming are used, at sufficiently frequent intervals to assure that vertical avenues for fluid migration in the form of diverging holes are not created during drilling.

2.	Where the injection zone is a water bearing formation, the following information concerning the injection zone shall be determined or calculated by the applicant for new Class III wells:

(i)	hydrostatic pressure head;

(ii)	fluid pressure;

(iii)	fracture pressure;

(iv)	other physical and chemical characteristics of the injection zone;

(v)	physical and chemical characteristics of the native fluids; and

(vi)	compatibility of injected fluids with formation fluids.

3.	Where the injection formation is not a water bearing formation, the fracture pressure shall be determined or calculated.

(e)	Environmental Concerns During Construction

1.	The disposal of drilling fluids or cuttings and the disposal of wastes during testing shall be in a sound environmental manner that avoids violation of surface and ground water quality standards. The proposed disposal method must be approved by the Department prior to start of construction.

2.	For Class III wells, the applicant is advised that other permits may be required for surface facilities associated with the mining activity.

(f)	Operating Requirements

1.	Total pressure shall not exceed the maximum allowable stress of the materials used to construct the well and shall not initiate new fractures or propagate

(Rule 1200—4—6—.12 continued)

existing fractures in the confining zone or in the injection zone or cause migration of fluids into USDWs.

2.	Injection between the outermost casing protecting USDWs and the inner tubing is prohibited.

3.	The Department shall be allowed access at reasonable time to the permittee’s property and records for the purpose of inspections and the collection of samples for analyses from the process and wastewater streams associated with the permitted wells.

4.	Other operational limitations shall be established as necessary on a case-by-case basis.

(g)	Monitoring Requirements

1.	Monitoring Well Design

(i)	Monitor wells shall be located in such a fashion as to detect any excursion of injected fluids or process by-products outside the mining area or zone.

(ii)	Where injection is into a formation which contains water with less than 10,000 mg/L Total Dissolved Solids, monitoring wells shall be completed into the injection zone and into the deepest aquifer above the injection zone and may also be required below the injection zone.

(iii)	Where injection is into a formation which contains water with more than 10,000 mg/L Total Dissolved Solids, monitoring wells will be required above and may be required in the injection zone.

(iv)	Where the injection wells penetrate USDWs in an area subject to subsidence or catastrophic collapse, an adequate number of monitoring wells shall be completed into USDWs to detect any movement of injected fluids, process by-products or native fluids into the USDWs. The monitoring wells shall be located outside the physical influence of the subsidence or catastrophic collapse.

(v)	Class III wells may be monitored on a field or project basis rather than an individual well basis provided the owner or operator demonstrates to the satisfaction of the Department that the proposed monitoring system is comparable to individual well monitoring.

(vi)	In determining the type, number, depth, and location of monitoring wells to be used and the parameters to be measured, the following criteria shall, as a minimum, be considered by the applicant:

(I)	the local geology and hydrology;

(II)	the population relying on USDWs within the area of review;

(III)	the proximity of the injection operation to points of withdrawal of drinking water;

(IV)	the operating pressures and attendant hydraulic gradients;

(Rule 1200—4—6—.12 continued)

(V)	the nature and volume of the injected fluid, the formation water and process by-products; and

(VI)	the number, type, location, and depth of injection wells in the system, field or project.

(h)	Monitoring Well Construction Requirements

Any monitoring well which penetrates the confining zone must be designed and constructed using the same standards that apply to the type of injection well to be monitored.

(i)	Monitoring Criteria

1.	The physical and chemical quality of the native fluid in the zones to be monitored shall be established prior to injection.

2.	The injected fluid shall be analyzed with sufficient frequency to yield representative data on its physical and chemical characteristics. Parameters for such analysis shall be established on an individual basis.

3.	The mechanical integrity of the injection well system shall be examined and evaluated at least once every three years. The methods and procedures to be used shall be subject to review by the Department.

4.	Samples must be collected by a method insuring that the sample is representative of the fluid in the zone to be monitored. The method shall be subject to approval by the Department.

5.	Continuous indicating and recording devices shall be installed and used to monitor the injection pressure and flow rate, and the volume of fluids injected and withdrawn.

6.	Determination shall be made at least semi-monthly of the parameters chosen to measure water quality in the injection zone.

7.	Determination shall be made at least semi-monthly of the fluid level or pressure head in each well used for monitoring.

8.	The Department may require that the applicant continue to monitor in the area affected by mining for a period of time after mining operations cease. If the monitoring reveals violations, the permittee must investigate and take corrective action.

9.	The Department may require a certificate that the applicant has assured, through a performance bond or other appropriate means, the resources necessary to cover post-closure monitoring and any corrective action resulting from this monitoring.

10.	Wells specified in subpart 1200—4—6—.12(2)(g)1.(iv) shall be monitored once every three months.

(j)	Reporting Requirements

The content and frequency of reports that will be required by the Department shall be specified in the permit for each Class III well or project. Minimum requirements are as follows:

(Rule 1200—4—6—.12 continued)

1.	Construction Reports

(i)	The Department will require periodic data progress reports during the construction of Class III injection or monitor wells.

(ii)	Interpretation of data will be required in the progress reports at each milestone phase of construction.

(iii)	The applicant shall submit final reports of all data collected with interpretations to the Department. The final report shall include all information and data collected during construction with appropriate interpretations.

2.	Operation Reports

(i)	An updated map of the area of review showing locations of all newly constructed or newly discovered wells not included in the technical report accompanying the permit application or in later reports shall be submitted annually to the Department.

(ii)	The applicant must submit, for Department approval, his proposed methodology for collection and reporting of operational data, to insure that data is collected, correlated, and reported in a fashion that would enable the agency to evaluate well performance.

(iii)	Except for routine monitoring required in (g) of this rule results of required monitoring shall be maintained on site and reported to the Department with the first quarterly report after the completion of the test.

(iv)	Results of mechanical integrity and any other periodic test required by the Department shall be reported upon request or as specified in the permit.

(v)	Monitoring may be reported on a project or field basis rather than on an individual well basis where field or project monitoring has been approved.

(vi)	Routine monitoring data required shall be reported quarterly to the Department. These reports must be postmarked no later than the tenth day of the month following the end of the quarter.

(vii)	In the event an excursion is verified in a designated monitor well, the permittee shall submit a written remedial action report at least every month to include for each well affected:

(I)	An explanation of required and other actions since the verifying analysis was taken. The explanation should include the date on which actions were initiated and completed;

(II)	A description of actions to be taken during the following report period;

(III)	Sample analysis results for control parameters;

(IV)	Permittee’s efforts to define the extent and probable cause of the presence of mining solutions in a designated monitor well; and

(Rule 1200—4—6—.12 continued)

(V)	The first report shall include a groundwater analysis in the manner required by this Rule. All such reports shall be mailed to the Department, postmarked within two days of the end of each report period. The first report period shall begin with the day the presence of mining solution in a designated monitor well is verified. The permittee shall continue to make remedial action reports until clean-up is accomplished.

(k)	Plugging and Abandonment Operation

1.	Upon the occurrence of any of the conditions stated in rule 1200—4—6—.09(6)(a), the owner or operator of the well shall submit an application for a permit for plugging and abandonment of the well.

2.	Before any injection well is plugged, the operator shall obtain approval for the wells plugging program from the Department.

3.	The owner or operator of an abandoned injection well or facility must retain all pertinent records of construction, operation and abandonment for a period of not less than three years following the date of abandonment of the well or facility.

4.	Within one-hundred twenty (120) days after acknowledgment of completion of mining activities or, if final restoration of the mine area aquifer is required, upon final completion of the final restoration, the permittee shall accomplish closure of the mining facilities in accordance with Plugging and Abandonment Standards.

(l)	Abandonment Reports

1.	Upon completion of plugging and abandonment of a well or wellfield, the permittee shall submit to the Department a Final Report which shall include, but will not be limited to, the following:

(i)	daily construction reports;

(ii)	certification of completion in accordance with approved plans and specifications by the engineer of record; and

(iii)	evidence, such as a sealed copy or certification from the county clerk, that a surveyor’s plot of the location of the abandoned wells has been recorded in the county courthouse property records.

2.	Results of post closure monitoring, if required by the abandonment permit, shall be reported quarterly to the Department.

Authority: T.C.A. §69—3—105. Administrative History: Original rule filed August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001.

1200—4—6—.13 Class IV Wells.

(1)	The construction or operation of a well used for the disposal of any hazardous waste or radioactive waste into or above a USDW is prohibited.

(2)	The operator or the owner of an existing Class IV well must, within six (6) months after the effective date of this rule submit a Plugging and Abandonment Plan for the Department’s approval.  The owner or operator of an existing Class IV well shall complete plugging and

(Rule 1200—4—6—.13 continued)

abandonment in accordance with the approved Plugging and Abandonment Plan not later than six (6) months after the Department’s approval of the plan.

(3)	Wells used to inject contaminated ground water that has been treated and is being re-injected into the same formation from which it was drawn are not prohibited by this Rule if such injection is approved by EPA or the Department, pursuant to provisions for cleanup of releases under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601-9657, or pursuant to requirements and provisions under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 – 6987.

Authority: T. C.A. §69—3—105. Administrative History: Original rule filed August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001.  Amendment filed February 17, 2010; effective date May 18, 2010

1200—4—6—.14 Class V Wells.

This section sets forth Criteria and Standards to regulate all injection systems not regulated as Class I through IV.

(1)	The following are prohibited:

(a)	The use of any well to dispose of water carrying human waste, household or business waste, raw sewage or the effluent from any septic tank or other sewer system of any kind, unless such well is a subsurface fluid distribution system (SFDS) which is part of a Subsurface Sewage Disposal System (SSDS) permitted under provisions  68-221-401 et seq. or a drip disposal system permitted pursuant to 69-3-108 et seq.

(b)	The use of any Class V injection well in such a manner as to cause any USDW to contain any substances, whether alone or in combination with other substances, that are toxic, carcinogenic, mutagenic, or teratogenic, other than those of natural origin, at levels and conditions which violate primary drinking water standards as given in 1200-5-1 or adversely affect the health of persons.

(c)	Large capacity cesspools; and

(d)	Cesspools, other than large capacity cesspools, not authorized under T.C.A. 68-221-401 et seq.

(e)	Motor Vehicle Waste Disposal Wells (MVWDWs) are prohibited and must be properly closed and abandoned.

(2)	Construction and operation of a Class V well is authorized by virtue of this rule provided:

(a)	the use of any Class V injection well does not present a hazard to any existing or future use of a USDW,

(b)	The owner or operator shall within six (6) months after the promulgation of this rule supply a list of all wells owned or operated along with the following information for each well to include the following.

1.	facility name and location, including a plot plan showing location of well(s);

2.	name and address of legal contact;

3.	ownership of facility;

(Rule 1200—4—6—.14 continued)

4.	nature and type of injection wells, including installed dimensions of wells and construction materials;

5.	operating status of injection wells, including history of injection;

6.	volume of injected fluid;

7.	nature of injected fluid to include physical, chemical, biological or radiological characteristics;

8.	description of injection well, including monitoring well(s); and

9.	other information as required by the Department.

(c)	The plans for the construction of any new, or modification of any existing Class V injection well which have been approved by the Department.

(d)	Injectate fluid from commercial or industrial processes shall not be co-mingled with any sanitary waste or septic system effluent in any subsurface fluid distribution system, unless it can be demonstrated to the Department’s satisfaction that a beneficial reaction will occur between the waste streams which will enhance the degradation of either or both waste streams.

(e)	The injection well will not adversely  impact a wellhead protection area designated by Rule 1200-5-1-.34 promulgated under T.C.A. 68-13-701 et seq., the Tennessee Safe Drinking Water Act. Motor vehicle waste disposal wells are prohibited in wellhead protection areas.  All other motor vehicle waste disposal wells must meet the effluent standards set forth in 1200-4-6-.05(1) at the point of injection.

(f)	Prohibition of injection.  An owner or operator of a well which is authorized by rule pursuant to this paragraph is prohibited from injecting into the well:

1.	Upon the effective date of an applicable permit denial;

2.	Upon failure to submit a permit application in a timely manner;

3.	Upon failure to submit inventory information in a timely manner; or

4.	Upon failure to comply with a request for information in a timely manner.

(3)	The owner of a Class V well shall be responsible for notifying the Department of change in ownership.

(4)	No authorization by permit or rule shall be allowed where a Class V well causes or allows a violation of the provisions of rule 1200-4-6-.14(1) or pollution of any ground or surface water.

(5)	If at any time the Department learns that an existing Class V system may cause a violation of these regulations, the Department shall:

(a)	require the injector to apply for an individual permit;

(b)	order the injector to take such actions including, where required, closure of the injection well as may be necessary to prevent the violation; or

(c)	take enforcement action.

(Rule 1200—4—6—.14 continued)

(6)	Notwithstanding any other provision of this section, the Department may take emergency action upon receipt of information that a contaminant from a Class V injection system is likely to enter a public water system and present an imminent and substantial endangerment to the health of persons.

(7)	Construction Standards for Class V Wells

(a)	The variety of Class V well and their uses dictate a variety of construction designs consistent with those uses, and precludes specific construction standards. However, a well must be designed and constructed for its intended use, in accordance with good engineering practices, and the design and construction must be approved by the Department.

(b)	Class V wells shall be constructed so that their intended use does not violate the water quality standards.

(8)	Operating Requirements for Class V Wells

(a)	All Class V injection wells shall be operated in such a manner that they do not violate the provisions of rule 1200-4-6-.14(1).

 (b)	Use of a pretreatment system may be necessary to insure that the water discharged meets the applicable water quality standards.

(c)	Initial and/or periodic testing may be required for Class V injection wells.

(d)	Upon completion of the well, the owner or operator must certify to the Department that the well has been completed in accordance with the approved construction plan, and must submit any other additional information required.

(e)	After the effective date of this rule, the operator, if not the property owner, for all Class V injection wells shall have access to the “point of injection” for the Class V wells.  This is to be maintained by easement or deed restrictions on all injection points.

(9)	Monitoring Requirements for Class V Injection Systems

(a)	The Department may require monitoring of Class V injection wells; the nature of which will be determined by the type of well, nature of the injected fluid, and water quality of the receiving aquifer.

(b)	The Department shall determine the extent and frequency of monitoring based on the type of injection well and the nature of the injected fluid.

(10)	Reporting Requirements for Class V Wells will be determined by the type of injection well and nature of injected fluid.

(a)	All municipalities and other governmental entities with storm water injection wells under their control either by ownership or easement shall submit an annual report describing the location and status of each injection well and any other information the Department determines to be necessary.  Such reports shall include a locational map.

(11)	Plugging and Abandonment Standard

(a)	The Department will order that a Class V injection well be plugged and abandoned when the use of the system is determined to be a hazard to the ground water resource.

(Rule 1200—4—6—.14 continued)

(b)	Prior to abandoning a Class V injection well, the well shall be plugged with cement in a manner which will not allow movement of fluids between USDWs. The proposed plugging method and type of cement shall be approved by the Department.

Placement of the cement plug shall be accomplished by any recognized method which is acceptable to the Department.

(c)	The owner or operator shall notify the Department of his intention to abandon the system when a Class V injection well is no longer used or is usable for its intended purpose.

(d)	The owner of any Class V injection well shall apply for a Plugging and Abandonment Permit when the well is no longer used or usable for its intended purpose or any other purpose approved by the Department. The application shall include justification for abandonment, the approved plugging and abandonment plan and any proposed modification to the original plugging plan as approved by the Department.

(e)	Closure does not mean that the owner or operator will need to cease operations at the facility, only that the owner or operator will need to close the well.  A number of alternatives are available for the disposal of waste fluids.  Examples of alternatives that may be available to motor vehicle stations include: recycling and reusing wastewater as much as possible; collecting and recycling petroleum-based fluids, coolants, and battery acids drained from vehicles; washing parts in a self-contained, recirculating solvent sink, with spent solvents being recovered and replaced by the supplier; using absorbents to clean up minor leaks and spills, and placing the used materials in approved waste containers and disposing of them properly; using a wet vacuum or mop to pick up accumulated rain or snow melt, and, if allowed, connecting floor drains to a municipal sewer system or holding tank, and, if allowed, disposing of the holding tank contents through a publicly owned treatment works (“POTW”).  The owner/operator should check with the POTW to see if the POTW would accept the wastes.  Alternatives that may be available to owners and operators of a large-capacity cesspool include: conversion to a septic system; connection to sewer; and installation of an on-site treatment unit.

(12)	Prohibition of fluid movement.

(a)	Injection activity prohibitions

1.	No injection activity can allow the movement of fluid containing any contaminant into USDWs, if the presence of that contaminant may cause a violation of any primary drinking water standard, or other health based standards, or may otherwise adversely affect the health of persons.  This prohibition applies to well construction, operation, maintenance, conversion, plugging, closure or any other injection activity.

2.	If the Department learns that an injection activity may endanger USDWs, the Department may require the closure of the well, a permit or permit modification, or other appropriate action.

(b)	Closure requirements.  The owner/operator must close the well in a manner that complies with the above prohibition of fluid movement.  Also, the owner/operator must dispose or otherwise manage any soil, gravel, sludge, liquids, or other materials removed from or adjacent to the well in accordance with all applicable Federal, State and local regulations and requirements.

(13)	Authorization by Rule Requirements

(Rule 1200—4—6—.14 continued)

All Class V UIC well authorizations by rule shall comply with this rule and all conditions established by the Commissioner as necessary to fulfill the purposes of the Tennessee Water Quality Control Act, T.C.A. §§ 69-3-101 et seq., contain a description of the injection zone being authorized, and contain any necessary corrective action as stated under rule 1200-04-06-.09(5). The authorization conditions shall be set at levels to prevent adverse effects to persons utilizing the ground water resource after consideration of at least the following factors: any guidelines set for certain pollutants by U.S.E.P.A.; the flow characteristics of ground water risk to humans; and the risk of migration. The following conditions, subparagraphs (a) through (n), apply to all Class V UIC authorizations. All conditions applicable to all authorizations shall be incorporated into the authorizations either expressly or by reference. If incorporated by reference, a specific citation to these regulations must be given in the authorizations.

(a)	The applicant must comply with all conditions of this authorization and all applicable laws and regulations. Any authorization noncompliance constitutes a violation of the Tennessee Water Quality Control Act and is grounds for enforcement action; for authorization termination, revocation and reissuance, or modification; or for denial of an authorization renewal application.

(b)	If the applicant wishes to continue an activity regulated by this authorization after the expiration date of this authorization, the applicant must apply for and obtain a new authorization prior to expiration of this authorization.

(c)	It shall not be a defense for an owner or operator in an enforcement action that it would have been necessary to halt or reduce the authorized activity in order to maintain compliance with the conditions of this rule.

(d)	The owner or operator shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from non-compliance with this rule.

(e)	The owner or operator shall at all times properly operate and maintain all facilities and systems of related appurtenances) which are installed or used by the applicant to achieve compliance with the conditions of this rule and authorization.   Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of this rule.

(f)	The authorization may be modified, revoked and reissued, or terminated for cause. The filing of a request by the owner or operator for a modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any authorization condition.

(g)	This rule and the authorizations issued under it do not convey any property rights of any sort, or any exclusive privilege.

(h)	The owner or operator shall furnish to the Department, within a time specified, any information which the Department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the authorization, or to determine compliance with this rule.  The applicant shall also furnish to the Department, upon request, copies of records required to be kept by this rule or the authorization.

(i)	The owner or operator shall allow Department personnel, or an authorized representative of the Department, upon the presentation of credentials to:

(Rule 1200—4—6—.14 continued)

1.	Enter upon the owner or operator’s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this rule or the authorization;

2.	Have access to and copy, at reasonable times, any records that must be kept under the conditions of this rule or the authorization;

3.	Inspect at reasonable times any facility, equipment (including monitoring and control equipment), practices, or operations regulated or required under this rule or the authorization; and

4.	Sample or monitor at reasonable times, for the purposes or assuring compliance or as otherwise authorized by the Tennessee Water Quality Control Act or these rules, any substances or parameters at any location.

(j)	Monitoring and records.

1.	Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. The owner or operator shall monitor injection fluids, injection operations, and local ground water supplies, in accordance with the requirements for the applicable class of well stated in this rule.

2.	The owner or operator shall retain records of all monitoring information, including the following:

(i)	Calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this authorization, and records of all data used to complete the application for the authorization under this rule, for a period of at least 3 years from the date of the sample, measurement, report, or application.  This period may be extended by request of the Department at any time; and

(ii)	The nature and composition of all injected fluids until three years after the completion of any plugging and abandonment procedures. The Department may require the owner or operator to deliver the records to the Department at the conclusion of the retention period.

3.	Records of monitoring information shall include:

(i)	The date, exact place, and time of sampling or measurements;

(ii)	The individual(s) who performed the sampling or measurements;

(iii)	The date(s) analyses were performed;

(iv)	The individual(s) who performed the analyses;

(v)	The analytical techniques or methods used; and

(vi)	The results of such analyses.

(k)	All applications, reports, or information submitted to the Department shall be signed and certified.

(l)	Reporting requirements.

(Rule 1200—4—6—.14 continued)

1. 	Planned Changes. The owner or operator shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility.

2.	Anticipated noncompliance. The owner or operator shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with authorization requirements.

3.	Transfers. See paragraphs (6), (7), (8) and (9) of Rule 1200-04-06-08.

4.	Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in this rule or the authorization.

5.	Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 30 days following each schedule date.

6.	Twenty-four hour reporting. The owner or operator shall report any noncompliance which may endanger health or the environment, including:

(i)	Any monitoring or other information which indicates that any contaminant may cause an endangerment to USDWs; or

(ii)	Any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between USDWs.

				Any such information shall be provided orally within 24 hours from the time the owner or operator becomes aware of the circumstances. A written submission shall also be provided within 72 hours of the time the owner or operator becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance.

7.	Other noncompliance. The owner or operator shall report all instances of noncompliance not reported under parts 1, 4, 5, and 6 of this subparagraph, at the time monitoring reports are submitted. The reports shall contain the information listed in part 6 of this subparagraph.

8.	Other information. Where the owner or operator becomes aware that the owner or operator has failed to submit any relevant acts in a permit application, or submitted incorrect information in a permit application or in any report to the Department, the owner or operator shall promptly submit such facts or information.

(m)	Requirements prior to commencing injection. Except for all new wells authorized by an area permit under rules 1200-04-06-.11 and 1200-04-06-.12, a new injection well may not commence injection until construction is complete, and

1.	The owner or operator has submitted notice of completion of construction to the Director; and

2.	(i)	The Department has inspected or otherwise reviewed the new injection well and finds it is in compliance with the conditions of this rule and  the  authorization; or

(Rule 1200—4—6—.14 continued)

(ii)	The owner or operator has not received notice from the Director of his or her intent to inspect or otherwise review the new injection well within 13 days of the date of the notice in part 1 of this subparagraph, in which case prior inspection or review is waived and the owner or operator may commence injection. The Director shall include in his notice a reasonable time period in which he shall inspect the well.

(n)	The owner or operator shall notify the Department at such times as this rule or the authorization requires before conversion or abandonment of the well, or in the case of area permits, before closure of the project.

(o)	A Class V authorization may include, conditions to insure that plugging and abandonment of the well will not allow the movement of fluids into or between USDWs.  Where the Department's review of an application indicates that the applicant's plan is inadequate, the Department may require the applicant to revise the plan, prescribe conditions meeting the requirements of this paragraph, or deny the authorization.

Authority: T. C.A. §69—3—105. Administrative History: Original rule filed August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001.   Amendment filed February 17, 2010; effective date May 18, 2010

1200—4—6—.15 Fees For Class I Injection Wells.

(1)	Permit Application Fees. Applications for permits to construct, operate or abandon a Class I injection well shall be accompanied by the following fees:

(a)	Construction Permit (New wells) ………………...	$2,500.00

(b)	Operating Permit (Initial).................................... $2,500.00

(c)	Abandonment Permit................................	$2,500.00

(Rule 1200—4—6—.15 continued)

(d)	Operating Permit (Renewal)..............................	$2,500.00

(2)	Operational Fees. Owners or operators of Class I injection wells shall pay the following fees to the Department.

(a)	Waste fluid injection fee…………………………….$0.50 per 1,000 gallons

(b)	Annual permit maintenance fee …………	$7,500.00 per well

(c)	Permit modification and reissuance fee …	$7,500.00 per well

(d)	Waste fluid injection fees must be paid after the effective date of the regulations regardless of the status of the permit.

(3)	All fees are due and payable as follows:

(a)	Application fees must be received with applications.

(b)	Operational fees

(Rule 1200—4—6—.15 continued)

1.	Fees for waste injection must be paid quarterly and are due at the time of submission of the quarterly monitoring reports as specified in the operating permit.

2.	Annual permit maintenance fees are due on the date these rules become effective or on the date the permittee commences injection, whichever is later, and on each successive anniversary unless the permit expires or is revoked.

3.	Permit modification and reissuance fees are due at the time of submission of the request by the permittee or thirty (30) days after notice of the need for modification has been sent to the permittee by the Department.

(4)	If any part of any fee imposed under this paragraph is not paid within fifteen days of the due date, a penalty of five percent (5 %) of the amount due shall at once accrue and be added thereto. Thereafter, on the first day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the unpaid balance shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid.

(5)	The owner or operator of a Class I well who is required to pay fees set forth under this paragraph and who disagrees with the calculation or applicability of the fee may petition the Water Quality Control Board for a hearing. In order to perfect the hearing, a petition for a hearing together with the total amount of fee due must be received by the Department not later than fifteen (15) days after the due date. If it is finally determined that the amount in dispute was improperly assessed, the Department shall return the amount determined to be improperly assessed with interest.

(6)	The Department shall review permit applications for a Class I well to determine if the application contains all of the information required by the Department.

(a)	If the application is deficient the Department will specify the deficiency(ies) in writing and inform the applicant by certified mail within ninety (90) days after the effective date of this rule or the date of receipt of the application whichever is later.

(b)	If the application is complete the Department will notify the applicant by certified mail and initiate the permit evaluation process within ninety (90) days after the effective date of this rule or the date of receipt of the application whichever is later.

(7)	After notification that an application is complete, the Department shall complete its evaluation of an application for a Class I well as follows:

(a)	Construction permit						180 days

(b)	Operating permit

1.	Existing well						180 days

2.	New well						90 days

(c)	Renewal permit							90 days

(d)	Abandonment permits						90 days

(8)	Upon completion of the review, the Department will either deny the application or issue a draft permit for processing in accordance with rule 1200—4—6—.08(7). To achieve a final permit decision, an additional ninety (90) days will be required.

(9)	The time periods provided in paragraphs (6), (7), and (8) shall be stayed if:

(a)	A legal action concerning the permit is pending before any board, court or independent agency.

(Rule 1200—4—6—.15 continued)

(b)	The applicant requests that review be suspended.

(c)	The Department issues a written notice of deficiency and until the applicant addresses said deficiency to the satisfaction of the Department.

(d)	If the application review is not completed within 90 days in accordance with 1200-4-6-.15(6)(a) & (b), the application fee shall be returned.

Authority: T.CA. §§69—3—105 and 4—5—201 et seq. Administrative History: Original rule filed August 9, 1991; effective September 23, 1991.

1200—4—6—.16 Fees For Class II Injection Wells.

(1)	Permit Application Fees. Applications for permits to operate a Class II injection well shall be accompanied by the following fees:

Application review fee..................................................................... .................... $2,500.00

Permit renewal fee (every 5 years) .....................................................................$1, 000.00

(2)	Operational Fees.  Owners or operators of Class II injection wells shall pay the following fees to the Department:

Annual maintenance fee..................................................................... .....................$500.00

Permit modification and reissuance fee...................................................................$2 50.00

(3)	Annual permit maintenance fees are due on the date these rules become effective or on the date the permittee commences injection, whichever is later, and on each successive anniversary unless the permit expires or is revoked.

(4)	Permit modification and reissuance fees are due at the time of submission of the request by the permittee or thirty (30) days after notice of the need for modification has been sent to the permittee by the Department.

(5)	If any part of any fee imposed under this section is not paid within fifteen days of the due date, a penalty of five percent (5 %) of the amount due shall at once accrue and be added thereto. Thereafter, on the first day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the unpaid balance shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid.

(6)	The Department shall review permit applications for a Class II well to determine if the application contains all of the information required by the Department.

(a)	If the application is deficient the Department will specify the deficiency(ies) in writing and inform the applicant by certified mail within sixty (60) days after the date of receipt of the application.

(b)	If the application is complete the Department will notify the applicant by certified mail and initiate the permit evaluation process within sixty (60) days after the date of receipt of the application.

(c)	The time periods provided in paragraphs  shall be stayed if:

1.	A legal action concerning the permit is pending before any board, court or independent agency.

(Rule 1200—4—6—.16 continued)

2.	The applicant requests that review be suspended.

3.	The Department issues a written notice of deficiency and until the applicant addresses said deficiency to the satisfaction of the Department.

(d)	If the application review is not completed within 60 days in accordance with 1200-4-6-.16(6)(a) & (b), the application fee shall be returned.

Authority: T.C.A. §69—3—105. Administrative History: Original rule August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001.   Amendment filed February 17, 2010; effective date May 18, 2010

1200—4—6—.17 Fees For Class III Injection Wells.

(1)	Permit Application Fees. Applications for permits to operate a Class III injection well shall be accompanied by the following fees:

	Application review fee..................................................................... .................... $2,500.00

Permit renewal fee (every 5 years) .......................................................................$ 1,500.00

(2)	Operational Fees.  Owners or operators of Class III injection wells shall pay the following fees to the Department:

	Annual maintenance fee..................................................................... ......................$1000.00

	Permit modification and reissuance fee....................................................................$ 250.00

(3)	Annual permit maintenance fees are due on the date these rules become effective or on the date the permittee commences injection, whichever is later, and on each successive anniversary unless the permit expires or is revoked.

(4)	Permit modification and reissuance fees are due at the time of submission of the request by the permittee or thirty (30) days after notice of the need for modification has been sent to the permittee by the Department.

(5)	If any part of any fee imposed under this section is not paid within fifteen days of the due date, a penalty of five percent (5 %) of the amount due shall at once accrue and be added thereto. Thereafter, on the first day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the unpaid balance shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid.

(6)	The Department shall review permit applications for a Class III well to determine if the application contains all of the information required by the Department.

(a)	If the application is deficient the Department will specify the deficiency(ies) in writing and inform the applicant by certified mail within ninety (90) days after the date of receipt of the application.

(b)	If the application is complete the Department will notify the applicant by certified mail and initiate the permit evaluation process within ninety days (90) days after the date of receipt of the application.

(c)	The time periods provided in paragraphs  shall be stayed if:

1.	A legal action concerning the permit is pending before any board, court or independent agency.

(Rule 1200—4—6—.17 continued)

2.	The applicant requests that review be suspended.

3.	The Department issues a written notice of deficiency and until the applicant addresses said deficiency to the satisfaction of the Department.

(d)	If the application review is not completed within 60 days in accordance with 1200-4-6-.17(6)(a) & (b), the application fee shall be returned.

Authority: T.C.A. §69—3—105. Administrative History: Original rule August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001.

1200-4-6-.18 Fees For Class V Injection Wells.

(1)	 Application Fees.  Applications for authorizations or permits for the following Class V injection wells shall be accompanied by the following one-time application review fees:

(a)	Innovative technology wells...................................$1,000.00 (per project)

(b)	Storm water drainage wells.

		 Subdivisions...................................……................... ........ $500.00 (per project)

			Commercial/industrial facilities........................................... $750.00 (per project)

(c)	Commercial/industrial geothermal wells

			Open loop systems............................….…........................ $750.00 (per facility)

(d)	Commercial/industrial SFDS and infiltration cells…………………... $500.00 (per facility)

(e)	Large capacity septic systems......................................................... $250.00 (per facility)

			Churches ………………………………………………………. $100.00 (per facility)

(f)	Remediation wells

		Oversight under this rule..................………………………………......$1,000.0 0 (per facility)

		Oversight by the Department not under this rule.............................	None

(g)	Change of ownership……………………………………………………… 	$75

(h)	Modification of recharge point .…………………………………………... 	$350 (per project)

(2) Renewal Fee.  The following Class V wells shall submit the following fees with the renewal application:

(a)	Storm water drainage wells

		Commercial/industrial facilities:		      $350.00 (per facility)

(b)	Commercial/industrial geothermal wells

			Open loop			      $350.00 (per facility)

(c)	Commercial/industrial SFDS and infiltration cells: $250.00 (per facility)

(d)	Large capacity septic systems:			    $250.00 (per facility)

		Churches					     $50.00 (per facility)

(3)	If the application is deficient the Department will specify the deficiency(ies) in writing and inform the applicant within  sixty (60) days after the date of receipt of the application.

(4)	If the application is complete the Department will notify the applicant and initiate the permit evaluation process within sixty (60) days after the date of receipt of the application.

(Rule 1200—4—6—.18 continued)

(a)	The time periods provided in paragraphs (3) and (4) shall be stayed if:

1.	A legal action concerning the permit is pending before any board, court or independent agency.

2.	The applicant requests that review be suspended.

3.	The Department issues a written notice of deficiency and until the applicant addresses said deficiency to the satisfaction of the Department.

(b)	If the application review is not completed within 60 days in accordance with 1200-4-6-.18(3)&(4), the application fee shall be returned.

Authority: T.C.A. §69—3—105. Administrative History: Original rule August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001.   Amendment filed February 17, 2010; effective date May 18, 2010

1200-4-6-.19 Bonds Required for Permitted Wells

(1)	A surety bond or cash bond is required from the owner or operator of an injection well for Class I, II and III wells adequate to allow proper plugging and abandonment of the well(s) and may be required for Class V wells at the Department’s discretion.  Such bonds are penal in nature.  Such surety bond or cash bond  is required to be in force for a well from the time a permit has been granted until the well has been properly abandoned.  Bonds shall be in favor of the Department, conditioned that the well shall meet all requirements of this rule chapter and be properly plugged and abandoned in accordance with this rule chapter.  An individual well bond shall be released upon the proper plugging of the well and the filing of a plugging and abandonment report, driller’s log, downhole surveys, and other data as required.

(2)	At any time other than after the issuance of a notice of noncompliance or forfeiture, the surety may notify the Director of the Division of Water Supply in writing of its desire to terminate its liability under the bond by giving written notice to the Director.  The Director shall thereupon require the principal in the bond to file a new bond, or to effect a change of owners on the well within sixty (60) days.  If the principal can no longer be contacted, then any interested party may seek to change ownership on the well.  If a new bond is filed by the principal, or a change in ownership is approved by the Director, liability under the original bond shall cease and terminate as to acts and operations occurring after the effective date of the new bond or approval of change in ownership and the original bond shall be released upon written request from the surety.  If a new bond is not filed within sixty (60) days, or a change in ownership has not been approved, the Director shall revoke the permit secured by the bond and require the principal to plug and abandon the well in accordance with the Underground Injection Control rules.  In the event of the failure of the principal to plug the well, the surety may either cause the well to be plugged, or forfeit the amount of the bond to the Department.  This action will be initiated by the issuance of a notice of noncompliance.  The surety will then have thirty (30) days in which to plug the well.  If the well has not been plugged within that time limit, then a notice of forfeiture will be issued.  The surety will then have twenty-one (21)  days within which to petition the Tennessee Water Quality Control Board for a hearing relative to the bond forfeiture, pursuant to the Administrative Procedures Act, T.C.A. 4-5-101 et. seq.  If a hearing is requested, no further action will be taken against the bond until such hearing has taken place and a final order given by the Board.  If the well has been plugged in the interim, then notice of forfeiture will be cancelled and the bond released.

(3)	Any of the following shall serve as bonds:

	(a)	A surety bond executed by the well operator as principal and by a corporate surety authorized to do business in Tennessee; or

(Rule 1200—4—6—.19 continued)

	(b)	cash; or

	(c)	a certified check; or

	(d)	a certificate of Deposit, if made out exactly as follows: “Owner Name and Tennessee Department of Environment and Conservation or Tennessee Department of Environment and Conservation”; and does not contain any terms or conditions that provide that the issuing bank may charge against the deposit any debt of the depositor(s) owing to it (set-off terms); or any terms or conditions that provide anyone whose signature appears on the signature card to withdraw from funds the account.  The owner shall be entitled to any interest earned on a certificate of deposit as the same becomes due and payable.  The treasurer of the State of Tennessee shall receive and hold originals of such certificates in the name of the State of Tennessee, in trust, for the purpose for which such deposit is made, and shall at all times be responsible for the custody and safekeeping of such deposits; provided, however, that the certificate may be returned to the issuing financial institution as may be necessary for renewal from time to time; or

(4)	Forfeiture

	(a)	The Director shall cause a notice of noncompliance to be served upon the owner/operator and surety if the requirements for proper plugging and abandonment of a well or wells have not been complied with within the time limits set forth by this rule.  Compliance for proper plugging and abandonment shall include the submission of all required records and data.

	(b)	The notice shall specify in what respects the owner has failed to comply with this rule or orders of the Water Quality Control Board.

	(c)	If the owner and/or operator has not reached an agreement with the Director, or has not complied with the requirements set forth within thirty (30) days after the mailing of the notice, the bond shall then be forfeited to the Department, and the money used to properly plug the well(s).  Such bonds are penal in nature, and the full amount of the bond shall be forfeited.

(5)	Notice of Noncompliance

	(a)	At any time the Director causes a notice of noncompliance to be served upon the principal, the surety shall be afforded the opportunity to act in behalf of the principal within the time set forth in regard to proper plugging of the well or wells and submission of required well records, downhole data and plugging reports.  Should the principal and surety fail to comply within the time provided, then and only in that event, the bond shall be forfeited and used to plug the well.  When a bond is forfeited under this rule, the Director shall give notice to the Attorney General, who shall institute proceedings to collect the forfeiture.

Authority: T.C.A. §69—3—105. Administrative History: Original rule August 9, 1985; effective September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001.

									Figure A

		Pursuant to the State of Tennessee’s policy of non-discrimination, the Tennessee Department of Environment and Conservation does not discriminate on the basis of race, sex, religion, color, national or ethnic origin, age, disability, or military service in its policies, or in the admission or access to, or treatment or employment in its programs, services or activities.  Equal Employment Opportunity/Affirmative Action inquiries or complaints should be directed to the EEO/AA Coordinator, Office of General Counsel 401 Church Street, 20th Floor L & C Tower, Nashville, TN 37243, 1-888-867-7455.  ADA inquiries or complaints should be directed to the ADA Coordinator, Human Resources Division, 401 Church Street, 12th Floor L & C Tower, Nashville, TN 37243, 1-866-253-5827.  Hearing impaired callers may use the Tennessee Relay Service (1-800-848-0298).

To reach you local

ENVIRONMENTAL FIELD OFFICE

Call 1-888-891-8332 OR 1-888-891-TDEC

UNDERGROUND INJECTION CONTROL		CHAPTER 1200-4-6

 PAGE   77

May, 2010 (Revised)

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܀*␃愃̤摧᠖ഀTennessee Department of Environment and Conservation, Authorization No. xxxxxx, 1,000 copies.  This public document

was promulgated at a cost of $0.xx per copy.  May 2010


[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Notices]
[Pages 36796-36797]
[FR Doc No: 2017-16519]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-0001]

Vaccines and Related Biological Products Advisory Committee;
Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or the Agency) announces
a forthcoming public advisory committee meeting of the Vaccines and
Related Biological Products Advisory Committee (VRBPAC). The general
function of the committee is to provide advice and recommendations to
the Agency on FDA's regulatory issues. The meeting will be open to the
public.

DATES: The meeting will be held on September 13, 2017, from 8:30 a.m.
to 5 p.m.

ADDRESSES: FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31
Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993-
0002. Answers to commonly asked questions including information
regarding special accommodations due to a disability, visitor parking,
and transportation may be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.

FOR FURTHER INFORMATION CONTACT: Serina Hunter-Thomas or Rosanna
Harvey, Center for Biologics Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 6307C, Silver
Spring, MD 20993-0002;<PHONE_NUMBER><EMAIL_ADDRESS>and<PHONE_NUMBER><EMAIL_ADDRESS>or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check the Agency's Web site at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: On September 13, 2017, the VRBPAC will meet in an open
session to discuss and make recommendations on the safety and
effectiveness of Zoster Vaccine Recombinant, Adjuvanted, manufactured
by GlaxoSmithKline Biologicals. FDA intends to make background material
available to the public no later than 2 business days before the
meeting. If FDA is unable to post the background material on its Web
site prior to the meeting, the background material will be made
publicly available at the location of the advisory committee meeting,
and the background material will be posted on FDA's Web site after the
meeting. Background material is available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate
advisory committee meeting link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
September 6, 2017. Oral presentations from the public will be scheduled
between approximately 1:30 p.m. and 2:30 p.m. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before August 29, 2017. Time
allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by August 30, 2017.
    Web cast: For those unable to attend in person, the meeting will
also be web cast and will be available at the following link: https://collaboration.fda.gov/vrbpac0917/.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Serina Hunter-Thomas at least 7 days in advance of the meeting.
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meetings. Please visit our Web site at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: August 1, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-16519 Filed 8-4-17; 8:45 am]
 BILLING CODE 4164-01-P