SECTION 3.81. Brine Mining Injection Wells

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Affected person--A person who, as a result of the activity sought to be permitted, has suffered or may suffer actual injury or economic damage other than as a member of the general public.

(2) Brine mining facility or facility--The brine mining injection well, and the pits, tanks, fresh water wells, pumps, and other structures and equipment that are or will be used in conjunction with the brine mining injection well.

(3) Brine mining injection well--A well used to inject fluid for the purpose of extracting brine by the solution of a subsurface salt formation. The term "brine mining injection well" does not include a well used to inject fluid for the purpose of leaching a cavern for the underground storage of hydrocarbons or the disposal of waste, or a well used to inject fluid for the purpose of extracting sulphur by the thermofluid mining process.

(4) Commission--The Railroad Commission of Texas.

(5) Director--The director of the Oil and Gas Division or a staff delegate designated in writing by the director of the Oil and Gas Division or the commission.

(6) Existing brine mining injection well--A brine mining injection well in which injection operations began prior to the effective date of this section.

(7) Fresh water--Water having bacteriological, physical, and chemical properties that make it suitable and feasible for beneficial use for any lawful purpose.

(8) New brine mining injection well--A brine mining injection well in which injection operations begin on or after the effective date of this section.

(9) Permit--A written authorization issued by the commission under this section for the operation of a brine mining injection well.

(10) Person--A natural person, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust partnership, association, or any other legal entity.

(11) Pollution--The alteration of the physical, chemical, or biological quality of, or the contamination of, water that makes it harmful, detrimental, or injurious to humans, animal life, vegetation or property or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.

(b) Prohibitions.

(1) Unauthorized injection. No person may operate a brine mining injection well without obtaining a permit from the commission under this section. No person may begin constructing a new brine mining injection well until the commission has issued a permit to operate the well under this section and a permit to drill, deepen, plug back, or reenter the well under §3.5 of this title (relating to Application to Drill, Deepen, Reenter, or Plug Back) (Statewide Rule 5).

(2) Fluid migration. No person may operate a brine mining injection well in a manner that allow fluids to escape from the permitted injection zone. If fluids are migrating from the permitted injection zone, the operator shall immediately cease injection operations.

(3) Falsifying documents and tampering with gauges. No person may knowingly make any false statement, representation, or certification in any application, report, record, or other document submitted or required to be maintained under this section or under any permit issued pursuant to this section, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this section or under any permit issued pursuant to this section.

(c) Standards for permit issuance. A permit may be issued only if the commission determines that the operation of the brine mining injection well will not result in the pollution of fresh water. All permits issued under this section will contain the conditions required by subsections (f) and (g) of this section, and all other conditions reasonably necessary to prevent the pollution of fresh water.

(d) Permit application.

(1) Duty to apply. Any person who operates or proposes to operate a brine mining injection well shall file a permit application with the commission in Austin within the time provided in paragraph (2) of this subsection. The applicant shall mail or deliver a copy of the application to the appropriate district office on the same day the application is mailed or delivered to the commission in Austin. A permit application will be considered filed with the commission on the date it is received by the commission in Austin.

(2) Time to apply.

(A) Any person who proposes to operate a new brine mining injection well shall file a permit application at least 180 days before the date on which injection is to begin, unless a later date has been authorized by the director.

(B) Any person who is operating an existing brine injection well shall file a permit application within 90 days of the effective date of this section.

(C) Any person who has obtained a permit under this section and who wishes to continue to operate the brine mining injection well after the permit expires shall file an application for new permit at least 180 days before the existing permit expires, unless a later date has been authorized by the director.

(3) Who applies. When a brine mining facility is owned by one person but is operated by another person, it is the operator's duty to file an application for a permit.

(4) Application requirements for all applicants. All applicants shall submit the following information, using application forms supplied by the commission:

(A) name, mailing address, and location of the brine mining facility for which the application is submitted;

(B) the operator's name, mailing address, telephone number, and status as federal, state, private, public, or other entity, and a statement indicating whether the operator is the owner of the facility;

(C) the proposed uses for the brine mined at the facility;

(D) a listing of all permits or construction approvals for the facility received or applied for under federal or state environmental programs;

(E) a topographic map, or other map if the topographic map is unavailable, extending one mile beyond the property boundaries of the facility, depicting the facility and those springs, other surface water bodies, drinking water wells, and other wells listed in public records or otherwise known to the applicant within 1/4 mile of the facility property boundary;

(F) a plat showing the oil and gas operators of the tract on which the facility is located and the tracts adjacent to the tract on which the facility is located. On the plat or on a separate sheet attached to the plat, the applicant shall list the names and addresses of the oil and gas operators;

(G) a plat showing the surface ownership of the tract on which the facility is located and the tracts adjacent to the tract on which the facility is located. On the plat or on a separate sheet attached to the plat, the applicant shall list the names and addresses of the surface owners, as determined from the current county tax rolls or other reliable sources, and shall identify the source of the list. If the director determines that, after diligent efforts, the applicant has been unable to ascertain the name and address of one or more surface owners, the director may waive the requirements of this subparagraph with respect to those surface owners;

(H) a map with surveys marked showing the type, location, and depth of all wells of public record within a 1/4 mile radius of the brine mining injection well that penetrate the salt formation. The applicant shall attach the following information to the map:

(i) a tabulation of the wells showing the dates the wells were drilled and the present status of the wells; and

(ii) plugging records for plugged and abandoned wells and completion records for other wells;

(I) a letter from the Groundwater Advisory Unit of the Oil and Gas Division stating the depth to which fresh water strata should be protected;

(J) a complete electric log of the brine mining injection well or a nearby well. On the log, the applicant shall identify the geologic formations between the land surface and the top of the salt formation and the depths at which they occur;

(K) a drawing of the surface and subsurface construction details of the brine mining injection well;

(L) the proposed maximum daily injection rate and maximum injection pressure;

(M) the proposed injection procedure;

(N) the proposed mechanical integrity testing procedure;

(O) the source of mining water to be used at the facility. If the source is groundwater, the following information must be included:

(i) the groundwater formation name;

(ii) an depth of the groundwater formation; and

(iii) an analysis of the groundwater;

(P) the direction of the hydraulic gradient in the area; and

(Q) the proposed groundwater monitoring plan, or an alternate plan for assuring that fluids are not escaping from the permitted injection zone.

(5) Additional information. The applicant shall submit any other information required on the application form supplied by the commission. In addition to the information reported on the application form, the applicant shall submit, at the director's request, any other information the commission may reasonably require to assess the brine mining injection well and to determine whether to issue a permit.

(e) Signatories to applications and reports.

(1) Applications. All applications shall be signed as follows:

(A) for a corporation, by a responsible corporate officer. A responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation; or

(B) for a partnership or sole proprietorship, by a general partner or the proprietor, respectively.

(2) Reports. All reports required by permits and other information requested by the commission shall be signed by a person described in paragraph (1) of this subsection or by a duly authorized representative of that person. A person is a duly authorized representative only if:

(A) the authorization is made in writing by a person described in paragraph (1) of this subsection;

(B) the authorization specifies an individual or position having responsibility for the overall operation of the regulated facility; and

(C) the authorization is submitted to the commission before or together with any report of information signed by the authorized representative.

(3) Certification. Any person signing a document under paragraph (1) or (2) of this subsection shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or who are directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information."

(f) Conditions applicable to all permits. The conditions specified in this subsection apply to all permits.

(1) Duty to comply. The operator shall comply with all conditions of the permit. Any permit noncompliance is grounds for enforcement action, for permit termination, revocation and reissuance, or modification, or for denial of a permit renewal application.

(2) Duty to reapply. If the operator wishes to continue a permitted activity after the expiration date of the permit, the operator shall apply for and obtain a new permit.

(3) Need to halt or reduce activity not a defense. It is not a defense for an operator in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.

(4) Duty to mitigate. The operator shall take all reasonable steps to minimize and correct any adverse effect on the environment resulting from noncompliance with the permit.

(5) Proper operation and maintenance. The operator shall at all times properly operate and maintain all facilities and systems of treatment and control, and related appurtenances, that are installed or used by the operator to achieve compliance with the conditions of the permit. 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 and auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.

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

(7) Property rights. The permit does not convey any property rights of any sort, or any exclusive privilege.

(8) Duty to provide information. The operator shall also furnish to the commission, within a time specified by the commission, any information that the commission may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. The operator shall also furnish to the commission, upon request, copies of records required to be kept under the conditions of the permit.

(9) Inspection and entry. The operator shall allow any member or employee of the commission, on proper identification, to:

(A) enter upon the premises where a regulated activity is conducted or where records are kept under the conditions of the permit;

(B) have access to and copy, during reasonable working hours, any records required to be kept under the conditions of the permit;

(C) inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and

(D) sample or monitor any substance or parameter for the purpose of assuring compliance with the permit or as otherwise authorized by the Texas Water Code, §27.071, or the Texas Natural Resources Code, §91.1012.

(10) Monitoring and records.

(A) Samples and measurements taken for the purpose of monitoring must be representative of the monitored activity.

(B) The operator shall retain records of all monitoring information, including all calibration and maintenance records and all original chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the permit application, for at least three years from the date of the sample, measurement, report, or application. This period may be extended by request of the commission at any time.

(C) Records of monitoring information must include the date, exact place, and time of the sampling or measurements; the individual(s) who performed the sampling or measurements; the date(s) analyses were performed; the individual(s) who performed the analyses; the analytical techniques or methods used; and the results of the analyses.

(11) Signatory requirements. All reports and other information submitted to the commission shall be signed and certified in accordance with subsection (e) of this section.

(12) Reporting requirements.

(A) The operator shall notify the commission as soon as possible of any planned physical alteration or addition to the facility.

(B) The operator shall give advance notice to the commission of any planned changes in the facility that may result in noncompliance with permit requirements.

(C) Monitoring results shall be reported at the intervals specified in the permit.

(D) Reports of compliance or noncompliance with the requirements contained in any compliance schedule of the permit shall be submitted no later than 30 days after each scheduled date.

(E) The operator shall report to the commission any noncompliance that may endanger human health or the environment.

(i) An oral report shall be made to the appropriate district office immediately after the operator becomes aware of the noncompliance. A written report shall be filed with the Austin office within five days of the time the operator becomes aware of the noncompliance. The written report must contain the following information:

(I) a description of the noncompliance and its cause;

(II) 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

(III) steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

(ii) Information that shall be reported under this subparagraph includes the following:

(I) any monitoring or any other information that indicates that any contaminant may endanger fresh water; or

(II) any noncompliance with a permit condition or malfunction of the injection system that may cause fluid migration into or between fresh water strata.

(F) The operator shall report any noncompliance not reported under subparagraphs (C), (D), and (E) of this paragraph at the time monitoring reports are submitted. The report must contain the information listed in subparagraph (E) of this paragraph.

(G) If the operator becomes aware that it failed to submit any relevant facts or submitted incorrect information in a permit application or a report to the commission, the operator shall promptly submit the relevant facts or correct information.

(13) Transfers. The permit is not transferable to any person except by modification, or revocation and reissuance, to change the name of the operator and incorporate other necessary requirements.

(14) Completion report. Injection operations may not begin in any new brine mining injection well until the operator has submitted a completion report to the director, and the director has reviewed the completion report and found the well in compliance with the conditions of the permit.

(15) Workovers. The operator shall notify the appropriate district office at least 48 hours before performing any workover or corrective maintenance operations that involve the removal of the tubing or well stimulation.

(16) Mechanical integrity.

(A) No person may perform injection operations in a brine mining injection well that lacks mechanical integrity. A well has mechanical integrity if:

(i) there is not significant leak in the casing; and

(ii) there is no significant fluid movement into fresh water strata through vertical channels adjacent to the wellbore.

(B) For any existing brine mining injection well, mechanical integrity must be demonstrated annually. For any new brine mining injection well, mechanical integrity must be demonstrated before injection operations begin and annually thereafter. In addition, for all brine mining injections wells, mechanical integrity must be demonstrated after any workover that involves the removal of the tubing.

(C) To demonstrate the absence of a significant leak in the casing, the operator shall conduct a fluid pressure test in accordance with the following procedures:

(i) the operator shall submit a written test procedure to the commission in Austin at least 15 days before the test;

(ii) the operator shall notify the district office orally at least 48 hours before the test;

(iii) the operator shall perform the test using the test procedure submitted prior to the testing unless otherwise instructed by the commission; and

(iv) the operator shall file a complete record of the test with the commission in Austin within 30 days after the test.

(D) In lieu of an annual fluid pressure test, the operator may monitor the pressure of a hydrocarbon pad or blanket contained in the annulus space of the well, provided the operator has obtained written approval from the director prior to using this method.

(E) One of the following methods shall be used to demonstrate the absence of significant fluid movement into fresh water strata through vertical channels adjacent to the wellbore:

(i) the results of a temperature or noise log; or

(ii) where the nature of the casing precludes the use of the logging techniques prescribed in clause (i) of this subparagraph, cementing records demonstrating the presence of adequate cement to prevent such movement.

(F) The director may allow the use of a method of demonstrating mechanical integrity other than one listed in subparagraphs (C), (D), and (E) of this paragraph with the approval of the administrator of the Environmental Protection Agency obtained pursuant to 40 Code of Federal Regulations §146.8(d).

(G) Mechanical integrity must be demonstrated to the satisfaction of the director. In conducting and evaluating the results of a mechanical integrity test, the operator and the director will apply procedures and standards generally accepted in the industry. In reporting the results of a mechanical integrity test, the operator must include a description of the method and procedures used. In evaluating the results, the director will review monitoring and other test data submitted since the previous mechanical integrity test.

(17) Notice of conversion or abandonment. The operator shall notify the commission at such times as the permit requires before conversion or abandonment of the well.

(18) Plugging. Within one year after cessation of brine mining injection operations, the operator shall plug the well in accordance with §3.14(a) and (c)(h) of this title (relating to Plugging) (Rule 14(a) and (c) - (h)). For good cause, the director may grant a reasonable extension of time in which to plug the well if the operator submits a proposal that describes actions or procedures to ensure that the well will not endanger fresh water during the period of the extension.

(g) Other permit conditions. In addition to the conditions required in all permits, the commission will establish conditions, as required on a case-by-case basis, to provide for and assure compliance with the requirements specified in this subsection.

(1) Duration. Permits will be effective for a term up to the operating life of the facility. The commission will review each permit issued pursuant to this section at least once every five years to determine whether cause exists for modification, revocation and reissuance, or termination of the permit.

(2) Operating requirements. Permits will prescribe operating requirements, which will at a minimum specify that:

(A) except during well stimulation, injection pressure at the wellhead may not exceed a maximum calculated to assure that the injection pressure does not initiate new fractures or propagate existing fractures in the injection zone; and

(B) in no case may the injection pressure initiate fractures in the confining zone or cause the escape of injection or formation fluids from the injection zone.

(3) Monitoring requirements. Permits will specify the following monitoring requirements:

(A) requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods;

(B) requirements concerning the type, intervals, and frequency of monitoring sufficient to yield data representative of the monitored activity, including continuous monitoring when appropriate; and

(C) requirements to report monitoring results with a frequency dependent on the nature and effect of the monitored activity, but in no case less than quarterly.

(4) Construction requirements. Permits will specify construction requirements to assure that the injection operations will not endanger fresh water. Changes in construction requirements during construction may be approved by the director as minor modifications of the permit. No such changes may be physically incorporated into the construction of the well prior to approval of the modifications by the director.

(A) An existing brine mining injection well shall achieve compliance with the construction requirements according to a compliance schedule established as soon as possible and in no case later than one year after the effective date of the permit. The permit will require the operator to submit a written compliance report within 30 days after compliance has been achieved.

(B) A new brine mining injection well must be cased and cemented in accordance with §3.13 of this title (relating to Casing, Cementing, Drilling, and Completion Requirements), (Rule 13), provided, however, that the operator shall set and cement surface casing in accordance with the letter obtained from the Groundwater Advisory Unit of the Oil and Gas Division pursuant to subsection (d)(4)(I) of this section regardless of the total depth of the well. No alternative program for setting less surface casing will be authorized.

(C) Appropriate logs and other tests must be conducted during the drilling and construction of a new brine mining injection well. A descriptive report interpreting the results of such logs and tests must be prepared by a knowledgeable log analyst and submitted to the director. The logs and tests appropriate to each well will be determined based on the depth, construction, and other characteristics of the well, the availability of similar data in the area, and the need for additional information that may arise from time to time as the construction of the well progresses.

(5) Financial responsibility. It shall be a permit condition that the operator maintain financial responsibility and resources to plug and abandon the brine mining injection well. The operator shall show evidence of such financial responsibility to the commission by submitting a surety bond or letter of credit in a form prescribed by the commission. Such bond or letter of credit shall be maintained until the well is plugged in accordance with subsection (f)(18) of this section.

(6) Corrective action. For all known wells that penetrate the injection zone within a 1/4 mile radius of the brine mining injection well and are improperly completed, plugged, or abandoned, the commission will consider requiring corrective action to prevent movement of fluid into fresh water strata.

(A) In determining the need for corrective action, the commission will consider the following factors: nature and volume of injected fluid; nature of native fluids; potentially affected population; geology; hydrology; history of the injection operation; completion and plugging records; abandonment procedures in effect at the time a well was abandoned; and hydraulic connections with fresh water.

(B) For an existing brine mining injection well requiring corrective action, any permit issued will include a compliance schedule leading to compliance with corrective action requirements. The compliance schedule will require compliance as soon as possible and in no case later than one year after the effective date of the permit. The permit will require the operator to submit a written compliance report within 30 days after all required corrective action has been taken.

(C) For a new brine mining injection well, the operator may not begin injection operations until all required corrective action has been taken.

(h) Modification, revocation and reissuance, and termination of permits. A permit may be modified, revoked and reissued, or terminated by the commission either upon the written request of any interested person, including the operator, or upon the commission's initiative, but only for the reasons and under the conditions specified in this subsection. Except for minor modifications made under paragraph (2) of this subsection, the commission will follow the applicable procedures in subsection (i) of this section. In the case of a modification, the commission may request additional information or an updated application. In the case of a revocation and reissuance, the commission will require a new application. If a permit is modified, only the conditions subject to modification are reopened. The term of a permit may not be extended by modification. If a permit is revoked and reissued, the entire permit is reopened and subject to revision, and the permit is reissued for a new term.

(1) Modification, or revocation and reissuance. The following are causes for modification, or revocation and reissuance:

(A) material and substantial alterations or additions to the facility occurred after permit issuance and justify permit conditions that are different or absent in the existing permit;

(B) the commission receives new information;

(C) the standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued;

(D) the commission determines good cause exists for modifying a compliance schedule, such as a act of God, strike, flood, materials shortage, or other event over which the operator has little or no control and for which there is no reasonably available remedy;

(E) cause exists for terminating a permit under paragraph (3) of this subsection, and the commission determines that modification, or revocation and reissuance, is appropriate; or

(F) a transfer of the permit is proposed.

(2) Minor modifications. With the operator's consent, the director may make minor modifications to a permit administratively, without following the procedures of subsection (i) of this section. Minor modifications may only:

(A) correct clerical or typographical errors, or clarify any description or provision in the permit, provided that the description or provision is not changed substantively;

(B) require more frequent monitoring or reporting;

(C) change construction requirements provided that any changes shall comply with the requirements of subsection (g)(4) of this section; or

(D) allow a transfer of the permit where the director determines that no change in the permit is necessary other than a change in the name of the operator, provided that a written agreement between the current operator and the new operator containing a specific data for the transfer of permit responsibility, coverage, and liability has been submitted to the commission.

(3) Termination. The following are causes for terminating a permit during its term, or for denying a permit renewal application:

(A) the operator fails to comply with any condition of the permit or this section;

(B) the operator fails to disclose fully all relevant facts in the permit application or during the permit issuance process, or misrepresents any relevant fact at any time;

(C) a material change of conditions occurs in the operation or completion of the well, or there are material changes in the information originally furnished;

(D) the commission determines that the permitted injection endangers human health or the environment, or that pollution of fresh water is occurring or is likely to occur as a result of the permitted injection; or

(E) fluids are escaping from the permitted injection zone.

(i) Permitting procedures.

(1) Review of applications. Upon receipt of an application for a permit, the director will review the application for completeness. Within 30 days after receipt of the application, the director will notify the applicant in writing whether the application is complete or deficient. A notice of deficiency will state the additional information necessary to complete the application, and a date for submitting this information. The application will be deemed withdrawn if the necessary information is not received by the specified date, unless the director has extended this date upon request of the applicant. Upon timely receipt of the necessary information, the director will notify the applicant that the application is complete. The director will not begin processing a permit until the application is complete.

(2) Permit denial. If the director administratively denies a permit application, a notice of administrative denial will be mailed to the applicant. The applicant will have a right to a hearing on request. If the applicant requests a hearing, the notice of administrative denial will be subject to the same procedures as a draft permit prepared under paragraph (3) of this subsection.

(3) Draft permits.

(A) A draft permit will be prepared when the director tentatively decides:

(i) to issue a permit;

(ii) to modify, or revoke and reissue, a permit; or

(iii) to terminate a permit, in which case the director will prepare a notice of intent to terminate, which is a type of draft permit.

(B) A draft permit will contain all proposed permit conditions.

(4) Fact sheets. The director will prepare a fact sheet to accompany every draft permit that the director finds is the subject of widespread public interest or raises important issues. The fact sheet will briefly set forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. The fact sheet will include information satisfying the requirements of 40 Code of Federal Regulations §124.8(b).

(5) Notice.

(A) The commission will give notice when a draft permit is prepared under paragraph (3) of this subsection, and when a hearing is scheduled under paragraph (7) of this subsection.

(B) Notice will be given by the methods specified in this subparagraph.

(i) A copy of the notice will be mailed to the following persons:

(I) any agency that the commission knows has issued or is required to issue a permit for the same facility under any federal or state environmental program;

(II) the United States Environmental Protection Agency;

(III) persons on a mailing list developed according to 40 Code of Federal Regulations §124.10(c)(1)(viii);

(IV) any unit of local government having jurisdiction over the area where the facility is or is proposed to be located, and each state agency having any authority under state law with respect to the construction or operation of the facility;

(V) the operator; and

(VI) any oil and gas operators or surface owners required to be listed in the application under subsection (d)(4)(F) and (G) of this section. If, pursuant to subsection (d)(4)(G), the director waived the requirement to list certain surface owners in the application, the applicant shall notify such persons by publishing the notice. The notice shall be published by the applicant once each week for two consecutive weeks in a newspaper of general circulation for the county where the facility is located. The applicant shall file proof of publication with the commission in Austin.

(ii) The notice shall be published by the applicant at least once in a newspaper of general circulation for the county where the facility is located. The applicant shall file proof of publication with the commission in Austin.

(C) Notices will include information satisfying the requirements of 40 Code of Federal Regulations §124.10(d) and the Texas Government Code, Chapter 2001.

(D) A copy of any draft permit, fact sheet, and application will be mailed to the persons notified under subparagraph (B)(i)(I) and (II) of this paragraph, and to any other person upon request. The applicant will be mailed a copy of any draft permit and fact sheet.

(E) The Texas Commission on Environmental Quality, the Texas Water Development Board, the Texas Department of Health, the Texas Parks and Wildlife Department, the United States Fish and Wildlife Service, other state and federal agencies with jurisdiction over fish, shellfish, and wildlife resources, the Advisory Council on Historic Preservation, state historic preservation officers, and other appropriate government authorities will be given opportunity to receive copies of notices, applications, draft permits, and fact sheets.

(6) Comments and requests for hearing. Notice of a draft permit will allow at least 30 days for public comment. During the public comment period, any interested person may submit written comments on the draft permit and may request a hearing if one has not already been scheduled.

(7) Hearings on draft permits.

(A) A hearing will be held:

(i) when the director finds, on the basis of requests, a significant degree of public interest in a draft permit;

(ii) when an applicant or an affected person requests a hearing on a draft permit; or

(iii) when an operator requests a hearing on a draft permit prepared when the director tentatively decides to modify, revoke and reissue, or terminate a permit.

(B) The commission may hold a hearing at its discretion, for instance, when a hearing might clarify one or more issues involved in the permit decision.

(C) Notice of a hearing will be given at least 30 days before the hearing. The public comment period under paragraph (6) of this subsection will automatically be extended to the close of any hearing under this paragraph.

(8) Administrative approval. After the close of the public comment period, the director may issue, modify, revoke and reissue, or terminate a permit administratively if no hearing is required under paragraph (7) of this subsection.

(9) Response to comments. When a final permit is issued, the commission will respond in writing to comments received during the public comment period. The response will be made available to the public and will:

(A) specify which provisions, if any, of the draft permit have been changed in the final permit, and the reasons for the changes; and

(B) briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any hearing on the draft permit.

(j) Commission review of administrative actions. Administrative actions performed by the director or commission staff pursuant to this section are subject to review by the commissioners.

(k) Federal regulations. All references to the Code of Federal Regulations in this section are references to the 1987 edition of the Code. The following federal regulations are adopted by reference and can be obtained at the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78711: 40 Code of Federal Regulations §§124.8(b), 124.10(c)(1)(viii), 124.10(d), and 146.8(d). Where the word "director" is used in the adopted federal regulations, it should be interpreted to mean "commission."

(l) Effective date. This section becomes effective upon approval of the commission's Class III Underground Injection Control (UIC) Program for brine mining injection wells by the United States Environmental Protection Agency under the Safe Drinking Act, §1422 (42 United States Code §300h-1).

Source Note: The provisions of this §3.81 adopted to be effective August 25, 2003, 28 TexReg 6816; amended to be effective November 24, 2004, 29 TexReg 10728; amended to be effective July 2, 2012, 37 TexReg 4892