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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 5CARBON DIOXIDE (CO2)
SUBCHAPTER BGEOLOGIC STORAGE AND ASSOCIATED INJECTION OF ANTHROPOGENIC CARBON DIOXIDE (CO2)
RULE §5.203Application Requirements

    (B) the operator will file a notice of intention to plug and abandon (Form W-3A) a well with the appropriate Commission district office and the division in Austin at least five days prior to the beginning of plugging operations;

  (4) a plugging report for monitoring wells that penetrate the base of usable quality water and all injection wells. The applicant's plan must ensure that within 30 days after plugging the operator will file a complete well plugging record (Form W-3) in duplicate with the appropriate district office. The operator and the person who performed the plugging operation (if other than the operator) must certify the report as accurate;

  (5) a plan for plugging all monitoring wells that do not penetrate the base of usable quality water in accordance with 16 TAC Chapter 76 (relating to Water Well Drillers and Water Well Pump Installers); and

  (6) a plan for certifying that all monitoring wells that do not penetrate the base of usable quality water will be plugged in accordance with 16 TAC Chapter 76.

(l) Emergency and remedial response plan. The applicant must submit an emergency and remedial response plan that:

  (1) accounts for the entire AOR, regardless of whether or not corrective action in the AOR is phased;

  (2) describes actions to be taken to address escape from the permitted injection interval or movement of the injection fluids or formation fluids that may cause an endangerment to USDWs during construction, operation, closure, and post-closure periods;

  (3) includes a safety plan that includes:

    (A) emergency response procedures;

    (B) provisions to provide security against unauthorized activity;

    (C) CO2 release detection and prevention measures;

    (D) instructions and procedures for alerting the general public and public safety personnel of the existence of an emergency;

    (E) procedures for requesting assistance and for follow-up action to remove the public from an area of exposure;

    (F) provisions for advance briefing of the public within the AOR on subjects such as the hazards and characteristics of CO2 ,

    (G) the manner in which the public will be notified of an emergency and steps to be taken in case of an emergency; and

    (H) if necessary, proposed actions designed to minimize and respond to risks associated with potential seismic events, including seismic monitoring; and

  (4) includes a description of the training and testing that will be provided to each employee at the storage facility on operational safety and emergency response procedures to the extent applicable to the employee's duties and responsibilities. The operator must train all employees before commencing injection and storage operations at the facility. The operator must train each subsequently hired employee before that employee commences work at the storage facility. The operator must hold a safety meeting with each contractor prior to the commencement of any new contract work at a storage facility. Emergency measures specific to the contractor's work must be explained in the contractor safety meeting. Training schedules, training dates, and course outlines must be provided to Commission personnel upon request for the purpose of Commission review to determine compliance with this paragraph.

(m) Post-injection storage facility care and closure plan. The applicant must submit a post-injection storage facility care and closure plan. The plan must include:

  (1) a demonstration containing substantial evidence that the geologic storage project will no longer pose a risk of endangerment to USDWs at the end of the post-injection storage facility care timeframe. The demonstration must be based on significant, site-specific data and information, including all data and information collected pursuant subsections (b)-(d) of this section and §5.206(b)(5) of this title;

  (2) the pressure differential between pre-injection and predicted post-injection pressures in the injection zone;

  (3) the predicted position of the CO 2 plume and associated pressure front at closure as demonstrated in the AOR evaluation required under subsection (d) of this section;

  (4) a description of the proposed post-injection monitoring location, methods, and frequency;

  (5) a proposed schedule for submitting post-injection storage facility care monitoring results to the director;

  (6) the estimated cost of proposed post-injection storage facility care and closure; and

  (7) consideration and documentation of:

    (A) the results of computational modeling performed pursuant to delineation of the AOR under subsection (d) of this section;

    (B) the predicted timeframe for pressure decline within the injection zone, and any other zones, such that formation fluids may not be forced into any USDWs, and/or the timeframe for pressure decline to pre-injection pressures;

    (C) the predicted rate of CO2 plume migration within the injection zone, and the predicted timeframe for the stabilization of the CO2 plume and associated pressure front;

    (D) a description of the site-specific processes that will result in CO2 trapping including immobilization by capillary trapping, dissolution, and mineralization at the site;

    (E) the predicted rate of CO2 trapping in the immobile capillary phase, dissolved phase, and/or mineral phase;

    (F) the results of laboratory analyses, research studies, and/or field or site-specific studies to verify the information required in subparagraphs (D) and (E) of this paragraph;

    (G) a characterization of the confining zone(s) including a demonstration that it is free of transmissive faults, fractures, and micro-fractures and of appropriate thickness, permeability, and integrity to impede fluid (e.g., CO2 , formation fluids) movement;

    (H) the presence of potential conduits for fluid movement including planned injection wells and project monitoring wells associated with the proposed geologic storage project or any other projects in proximity to the predicted/modeled, final extent of the CO2 plume and area of elevated pressure;

    (I) a description of the well construction and an assessment of the quality of plugs of all abandoned wells within the AOR;

    (J) the distance between the injection zone and the nearest USDWs above and/or below the injection zone; and

    (K) any additional site-specific factors required by the director; and

  (8) information submitted to support the demonstration in paragraph (1) of this subsection, which shall meet the following criteria:

    (A) all analyses and tests performed to support the demonstration must be accurate, reproducible, and performed in accordance with the established quality assurance standards;

    (B) estimation techniques must be appropriate and EPA-certified test protocols must be used where available;

    (C) predictive models must be appropriate and tailored to the site conditions, composition of the CO2 stream, and injection and site conditions over the life of the geologic storage project;

    (D) predictive models must be calibrated using existing information (e.g., at Class I, Class II, or Class V experimental technology well sites) where sufficient data are available;

    (E) reasonably conservative values and modeling assumptions must be used and disclosed to the director whenever values are estimated on the basis of known, historical information instead of site-specific measurements;

    (F) an analysis must be performed to identify and assess aspects of the alternative post-injection storage facility care timeframe demonstration that contribute significantly to uncertainty. The operator must conduct sensitivity analyses to determine the effect that significant uncertainty may contribute to the modeling demonstration;

    (G) an approved quality assurance and quality control plan must address all aspects of the demonstration; and

    (H) any additional criteria required by the director.

(n) Fees, financial responsibility, and financial assurance. The applicant must pay the fees, demonstrate that it has met the financial responsibility requirements, and provide the Commission with financial assurance as required under §5.205 of this title (relating to Fees, Financial Responsibility, and Financial Assurance).

Cont'd...

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