On March 21, 2017, the EPA delegated authority to administer the Underground Injection Control Class II well program to the Kentucky Division of Oil and Gas (DOG). Achieving primacy is the result of an effort by DOG that began in September of 2014.  Class II UIC wells are typically associated with the natural gas and oil industry. Disposal wells store the salt water brine used in oil and gas extraction. Enhanced recovery wells inject brines and other fluids to improve the amount of oil and gas captured during extraction. Permitted wells in Kentucky are predominantly for enhanced oil recovery with fewer than 100 actively disposing of salt water brine.

With primacy shifting to Kentucky, UIC wells permitted by USEPA prior to the March 21, 2017 effective date are automatically permitted by rule by the Kentucky Division of Oil and Gas. Class II permit applications under USEPA’s review at that time were also transferred to the Kentucky Division of Oil and Gas for their review.

Within 90 days of the effective date – that means no later than June 19, 2017, all owners and operator of Class II Injection Wells are required by 805 KAR 1:110 to provide the following information to the Kentucky Division of Oil and Gas:

    • A plugging and abandonment plan as required by 805 KAR 1:110(10),
    • A financial responsibility demonstration as required by 805 KAR 1:110(8-9),
    • A copy of all documents showing approval by USEPA of the well’s mechanical integrity and a copy of all forms, test data, and logs required by and submitted to USEPA.

Review the applicable regulations at 805 KAR 1:110 for additional requirements for the constructing, operating, plugging and abandoning, and maintaining Class II injection wells and for protecting groundwater from contamination associated with oil and gas underground injection activities.

Please contact SMG with any questions you may have. Ken Kirk is a Professional Geologist at Smith Management Group and can be reached at kenk@smithmanage.com. Josiah Frey is an environmental scientist with SMG and can be reached at josiahf@smithmanage.com.