| (2) that land has been used to geologically store CO2 ;
(3) that the survey plat has been filed with the Commission;
(4) the address of the office of the United States
Environmental Protection Agency, Region 6, to which the operator sent
a copy of the survey plat; and
(5) the volume and mass of fluid injected, the injection
zone or zones into which it was injected, and the period over which
injection occurred. If mass is determined using volume, the operator
must provide calculations.
(m) Permit conditions for retention of records. The
permittee shall retain records as follows.
(1) All modeling inputs and data used to support area
of review reevaluations under subsection (e) of this section shall
be retained for 10 years.
(2) The permittee shall retain records as follows:
(A) All data collected under §5.203 of this title
for Class VI permit applications shall be retained throughout the
life of the geologic storage project and for 10 years following site
closure.
(B) Data on the nature and composition of all injected
fluids collected pursuant to §5.203(i)(1)(D) of this title shall
be retained until 10 years following site closure. The director may
require the operator to submit the records to the director at the
conclusion of the retention period.
(C) Monitoring data collected pursuant to §5.203(j)(2)
of this title shall be retained for 10 years after it is collected.
(D) Well plugging reports, post-injection site care
data, including data and information used to develop the demonstration
of the alternative post-injection site care timeframe, and the site
closure report collected pursuant to requirements of subsection (k)(6)
of this section and paragraph (4) of this subsection shall be retained
for 10 years following site closure.
(E) The director has authority to require the operator
to retain any records required in this subchapter for longer than
10 years following site closure.
(3) Within 60 days after plugging, the operator must
submit, pursuant to §5.207(b)(2) of this title, a plugging report
to the director. The report must be certified as accurate by the operator
and by the person who performed the plugging operation (if other than
the operator.) The operator shall retain the well plugging report
for 10 years following site closure.
(4) The operator must submit a site closure report
to the director within 90 days of site closure, which must thereafter
be retained at a location designated by the director for 10 years
following site closure. The report must include:
(A) documentation of appropriate injection and monitoring
well plugging as specified in §5.203(k) of this title. The operator
must provide a copy of a survey plat which has been submitted to the
local zoning authority designated by the director. The plat must indicate
the location of the injection well relative to permanently surveyed
benchmarks. The operator must also submit a copy of the plat to the
Regional Administrator of the appropriate EPA Regional Office; and
(B) documentation of appropriate notification and information
to such State, local and Tribal authorities that have authority over
drilling activities to enable such State, local, and Tribal authorities
to impose appropriate conditions on subsequent drilling activities
that may penetrate the injection and confining zone(s); and
(5) Records reflecting the nature, composition, and
volume of the CO2 plume shall be retained
for 10 years following site closure.
(6) The operator must retain for 10 years following
storage facility closure records collected to prepare the permit application,
data on the nature and composition of all injected fluids, and records
collected during the post-injection storage facility care period.
The operator must submit the records to the director at the conclusion
of the retention period, and the records must thereafter be retained
at the Austin headquarters of the Commission.
(n) Permit conditions for signs. The operator must
identify each location at which geologic storage activities take place,
including each injection well, by a sign that meets the requirements
specified in §3.3(1), (2), and (5) of this title (relating to
Identification of Properties, Wells, and Tanks). In addition, each
sign must include a telephone number where the operator or a representative
of the operator can be reached 24 hours a day, seven days a week in
the event of an emergency.
(o) Other permit terms and conditions.
(1) Protection of USDWs. In any permit for a geologic
storage facility, the director must impose terms and conditions reasonably
necessary to protect USDWs. Permits issued under this subchapter shall
be issued for the operating life of the facility and the post-injection
storage facility care period. The director shall review each permit
at least once every five years to determine whether it should be modified,
revoked and reissued, or terminated. Permits issued under this subchapter
continue in effect until revoked, modified, or terminated by the Commission.
The operator must comply with each requirement set forth in this subchapter
as a condition of the permit unless modified by the terms of the permit.
(2) Other conditions. The following conditions shall
also be included in any permit issued under this subchapter.
(A) Duty to comply. The permittee must comply with
all conditions of this permit. Any permit noncompliance constitutes
a violation of the Safe Drinking Water Act and is grounds for enforcement
action; for permit termination, revocation and reissuance, or modification;
or for denial of a permit renewal application. However, the permittee
need not comply with the provisions of the permit to the extent and
for the duration such noncompliance is authorized in an emergency
permit under 40 CFR §144.34.
(B) Need to halt or reduce activity not a defense.
It shall not be a defense for a permittee 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 this
permit.
(C) Duty to mitigate. The permittee shall take all
reasonable steps to minimize or correct any adverse impact on the
environment resulting from noncompliance with this permit.
(D) Proper operation and maintenance. The permittee
shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which
are installed or used by the permittee to achieve compliance with
the conditions of this 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 or auxiliary facilities or similar systems
only when necessary to achieve compliance with the conditions of the
permit.
(E) Property rights not conveyed. The issuance of a
permit does not convey property rights of any sort, or any exclusive
privilege.
(F) Activities not authorized. The issuance of a permit
does not authorize any injury to persons or property or invasion of
other private rights, or any infringement of State or local law or
regulations.
(G) Coordination with exploration. The permittee of
a geologic storage well shall coordinate with any operator planning
to drill through the AOR to explore for oil and gas or geothermal
resources and take all reasonable steps necessary to minimize any
adverse impact on the operator's ability to drill for and produce
oil and gas or geothermal resources from above or below the geologic
storage facility.
(H) Duty to provide information. The operator shall
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.
(I) Inspection and entry. The operator shall allow
any member or employee of the Commission, on proper identification,
to:
(i) enter upon the premises where a regulated activity
is conducted or where records are kept under the conditions of the
permit;
(ii) have access to and copy, during reasonable working
hours, any records required to be kept under the conditions of the
permit;
(iii) inspect any facilities, equipment (including
monitoring and control equipment), practices, or operations regulated
or required under the permit; and
Cont'd... |
