Section 43-05-01-11.6 - Injection depth waiver requirements1. In seeking a waiver of the requirement to inject below the lowermost underground sources of drinking water, the storage operator shall submit a supplemental report concurrent with the storage facility permit application. The supplemental report must: a. Demonstrate that the injection zone is laterally continuous, is not an underground source of drinking water, and is not hydraulically connected to underground sources of drinking water; does not outcrop; has adequate injectivity, volume, and sufficient porosity to safely contain the injected carbon dioxide and formation fluids; and has appropriate geochemistry;b. Demonstrate that the injection zone is bounded by laterally continuous, impermeable confining units above and below the injection zone adequate to prevent fluid movement and pressure buildup outside of the injection zone; and that the confining unit is free of transmissive faults and fractures. The report shall further characterize the regional fracture properties and demonstrate that such fractures will not interfere with injection, serve as conduits, or endanger underground sources of drinking water; c Demonstrate, using computational modeling, that underground sources of drinking water above and below the injection zone will not be endangered as a result of fluid movement. This modeling must be conducted in conjunction with the area of review determination, and is subject to requirements and periodic reevaluation;
d. Demonstrate that well design and construction, in conjunction with the waiver, will ensure isolation of the injectate in lieu of requirements and will meet well construction requirements;e. Describe how the monitoring and testing and any additional plans will be tailored to the geologic sequestration project to ensure protection of underground sources of drinking water above and below the injection zone, if a waiver is granted;f. Provide information on the location of all the public water supplies affected, reasonably likely to be affected, or served by underground sources of drinking water in the area of review; andg. Provide any other information requested by the commission that the United States environmental protection agency regional administrator might find useful in making the decision whether to issue a waiver.2. To assist the United States environmental protection agency regional administrator in making the decision whether to grant a waiver of the injection depth requirements, the commission shall submit to the regional administrator documentation of the following: a. An evaluation of the following information as it relates to siting, construction, and operation of a geologic sequestration project with a waiver:(1) The integrity of the upper and lower confining units;(2) The suitability of the injection zone (e.g., lateral continuity; lack of transmissive faults and fractures; knowledge of current or planned artificial penetrations into the injection zone or formations below the injection zone);(3) The potential capacity of the geologic formation to sequester carbon dioxide, accounting for the availability of alternative injection sites;(4) All other site characterization data, the proposed emergency and remedial response plan, and a demonstration of financial responsibility;(5) Community needs, demands, and supply from drinking water resources;(6) Planned needs, potential and future use of underground sources of drinking water and nonunderground sources of drinking water in the area;(7) Planned or permitted water, hydrocarbon, or mineral resource exploitation potential of the proposed injection formation and other formations both above and below the injection zone to determine if there are any plans to drill through the formation to access resources in or beneath the proposed injection zone;(8) The proposed plan for securing alternative resources or treating underground sources of drinking water in the event of contamination related to the carbon dioxide injection well activity; and(9) Any other applicable considerations or information requested by the commission.b. A review of the commission's consultation with the state department of health and federally recognized Indian tribes having jurisdiction over lands within the area of review for the injection well for which a waiver is sought.c. Any written waiver-related information submitted by the state department of health to the commission.3. The commission shall give public notice that a waiver application has been submitted. The notice must include a map of the area of review and state:a. The depth of the proposed injection zone;b. The location of the injection well;c. The name and depth of all underground sources of drinking water within the area of review;d. The names of any public water supplies affected, reasonably likely to be affected, or served by underground sources of drinking water in the area of review; ande. The results of the consultation with the state department of health.4. Following public notice, the commission shall provide all information received through the waiver application process to the United States environmental protection agency regional administrator. a. If the regional administrator determines that additional information is required to support a decision, the commission shall request that the applicant for the waiver provide the information.b. The commission may not issue a waiver without written concurrence from the regional administrator.5. Upon receipt of a waiver, the storage operator shall comply with: a. All requirements in sections 43-05-01-5.1, 43-05-01-9.1, 43-05-01-11.1, 43-05-01-11.2, 43-05-01-11.3, 43-05-01-11.5, 43-05-01-13, and 43-05-01-18.b. All requirements in section 43-05-01-11 with the following modifications:(1) Injection wells must be constructed and completed to prevent movement of fluids into any unauthorized zones, including underground sources of drinking water.(2) The casing and cementing program must be designed to prevent the movement of fluids into any unauthorized zones, including underground sources of drinking water in lieu of requirements in section 43-05-01-11.(3) The surface casing must extend through the base of the nearest underground source of drinking water directly above the injection zone and be cemented to the surface; or, at the commission's discretion, another formation above the injection zone and below the nearest underground source of drinking water above the injection zone.c. All requirements in section 43-05-01-11.4 with the following modifications: (1) Ground water quality, geochemical changes, and pressure in the first underground source of drinking water immediately above and below the injection zone, and in any other formations at the discretion of the commission, must be monitored.(2) Test and monitor to track the extent of the carbon dioxide plume and the presence or absence of elevated pressure (e.g., the pressure front) by using direct methods to monitor for pressure changes in the injection zone, and indirect methods (e.g., seismic, electrical, gravity, or electromagnetic surveys or down-hole carbon dioxide detection tools), unless the commission determines based on site-specific geology that such methods are not appropriate.d. All requirements in section 43-05-01-19 with the following modifications for postinjection site care monitoring requirements: (1) Ground water quality, geochemical changes and pressure in the first underground source of drinking water immediately above and below the injection zone, and in any other formations at the discretion of the commission, must be monitored.(2) Test and monitor to track the extent of the carbon dioxide plume and the presence or absence of elevated pressure (e.g., the pressure front) by using direct methods in the injection zone, and indirect methods (e.g., seismic, electrical, gravity, or electromagnetic surveys or down-hole carbon dioxide detection tools), unless the commission determines based on site-specific geology that such methods are not appropriate.e. Any additional requirements requested by the commission to ensure protection of underground sources of drinking water above and below the injection zone.N.D. Admin Code 43-05-01-11.6
General Authority: NDCC 28-32-02
Law Implemented: NDCC 38-22