SECTION 3.99. Cathodic Protection 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) Cathodic protection well--Any well drilled for the purpose of installing one or more anodes to prevent corrosion of a facility associated with the production of oil, gas, or geothermal resources, such as a well casing, storage and separation facility, or pipeline.

(2) Project area--The geographic area in which a related group of cathodic protection wells is drilled.

(3) Protection depth--Depth or depths at which usable quality water must be protected or isolated, as determined by the Groundwater Advisory Unit of the Oil and Gas Division, which may include zones that contain brackish or saltwater if such zones are correlative and/or hydrologically connected to zones that contain usable-quality water.

(4) Commission--The Railroad Commission of Texas or its authorized representative.

(b) Exemption. Any cathodic protection well that is drilled to a depth of 30 feet or less is not subject to the requirements of this section.

(c) Determination of protection depth. Before drilling any cathodic protection well, an operator shall obtain a letter from the Groundwater Advisory Unit of the Oil and Gas Division stating the protection depth or depths.

(d) Drilling permits.

(1) Wells that do not penetrate any protection depth. A cathodic protection well that does not penetrate any protection depth does not require a drilling permit.

(2) Wells that penetrate any protection depth. A cathodic protection well that penetrates any protection depth must be drilled in accordance with the requirements of §3.5(g) of this title (relating to Application To Drill, Deepen, Reenter, or Plug Back) (Statewide Rule 5).

(e) Completion.

(1) Timing. A cathodic protection well must be completed as soon as possible after it is drilled.

(2) Wells that do not penetrate any protection depth. A cathodic protection well that does not penetrate any protection depth must be completed in accordance with subparagraph (A) or (B) of this paragraph.

(A) The operator must place at least a 10-foot cement or bentonite plug at the top of the well. The top of the plug shall be no less than three feet below the surface, and the remainder of the hole between the top of the plug and the surface shall be filled with drill cuttings or native soil.

(B) Alternative completion procedures and materials may be utilized when the operator has demonstrated to the commission's satisfaction that the alternatives will protect usable quality water.

(3) Wells that penetrate any protection depth. A cathodic protection well that penetrates any protection depth must be completed in accordance with subparagraph (A) or (B) of this paragraph.

(A) The operator must either set and cement casing to the deepest protection depth penetrated or center a 100-foot cement plug across each protection depth penetrated and must place at least a 10-foot cement or bentonite plug at the top of the well. The top of the plug shall be no less than three feet below the surface, and the remainder of the hole between the top of the plug and the surface shall be filled with drill cuttings or native soil.

(B) Alternative completion procedures and materials may be utilized when the operator has demonstrated to the commission's satisfaction that the alternatives will protect usable quality water.

(f) Physical requirements for bentonite plugging materials. Bentonite materials used to plug cathodic protection wells shall be derived from naturally occurring, untreated, high swelling sodium bentonite that is composed of at least 85% montmorillonite clay and that meets the International Association of Geophysical Contractors (IAGC) recommended geophysical industry standard dated January 24, 1992, for the physical characteristics of bentonite used in seismic shot hole plugging.

(g) Reporting. Within 30 days of completion of the last well in a project area, the operator shall submit a letter to the commission stating that each cathodic protection well in the project area has been completed in accordance with subsection (e) of this section. The letter must include the completion date for each well, the name and address of the operator, and the drilling permit and API numbers of the well, if applicable. A plat of the project area identifying cathodic protection well locations, counties, survey lines, scale, and northerly direction must be attached. In addition, a letter from the Groundwater Advisory Unit of the Oil and Gas Division stating the protection depth or depths must be attached.

(h) Abandonment. Upon abandonment of a cathodic protection well, any wires or vent pipe must be cut off at the top of the 10-foot surface plug, and the vent pipe must be securely capped or plugged.

Source Note: The provisions of this §3.99 adopted to be effective July 21, 1992, 17 TexReg 4877; amended to be effective August 25, 2003, 28 TexReg 6816; amended to be effective July 2, 2012, 37 TexReg 4892; amended to be effective January 1, 2014, 38 TexReg 3542