| (1) Plan. The operator must maintain and comply with
the approved emergency and remedial response plan required by §5.203(l)
of this title. The operator must update the plan in accordance with
§5.207(a)(2)(D)(vi) of this title (relating to Reporting and
Record-Keeping). The operator must make copies of the plan available
at the storage facility and at the company headquarters. The emergency
and remedial response plan and the demonstration of financial responsibility
must account for the AOR delineated as specified in §5.203(d)(1)(A)
- (C) of this title or the most recently evaluated AOR delineated
under subsection (g) of this section, regardless of whether or not
corrective action in the AOR is phased.
(2) Training.
(A) The operator must prepare and implement a plan
to train and test each employee at the storage facility on occupational
safety and emergency response procedures to the extent applicable
to the employee's duties and responsibilities. The operator must make
copies of the plan available at the geological storage facility. 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.
(B) The operator must hold a safety meeting with each
contractor prior to the commencement of any new contract work at a
storage facility. The operator must explain emergency measures specific
to the contractor's work in the contractor safety meeting.
(C) The operator must provide training schedules, training
dates, and course outlines to Commission personnel annually and upon
request for the purpose of Commission review to determine compliance
with this paragraph.
(3) Action.
(A) If an operator obtains evidence that the injected
CO2 stream and associated pressure front
may cause an endangerment to USDWs, the operator must:
(i) immediately cease injection;
(ii) take all steps reasonably necessary to identify
and characterize any release;
(iii) notify the director as soon as practicable but
within at least 24 hours; and
(iv) implement the approved emergency and remedial
response plan.
(B) If any water quality monitoring of a USDW indicates
the movement of any contaminant into the USDW, except as authorized
by an aquifer exemption, the director shall prescribe such additional
requirements for construction, corrective action, operation, monitoring,
or reporting, including plugging of the injection well, as are necessary
to prevent such movement.
(4) Resumption of injection. The director may allow
the operator to resume injection prior to remediation if the operator
demonstrates that the injection operation will not endanger USDWs.
(i) Permit conditions for Commission witnessing of
testing and logging. The operator must provide the division with the
opportunity to witness all planned well workovers, stimulation activities,
other than stimulation for formation testing, and testing and logging.
The operator must submit a proposed schedule of such activities to
the Commission at least 30 days prior to conducting the first such
activity and submit notice at least 48 hours in advance of any actual
activity. Such activities shall not commence before the end of the
30 days unless authorized by the director.
(j) Permit conditions for well plugging. The operator
of a geologic storage facility must maintain and comply with the approved
well plugging plan required by §5.203(k) of this title.
(k) Permit conditions for post-injection storage facility
care and closure.
(1) Post-injection storage facility care and closure
plan.
(A) The operator of an injection well must maintain
and comply with the approved post-injection storage facility care
and closure plan.
(B) The operator must update the plan in accordance
with §5.207(a)(2)(D)(vi) of this title. At any time during the
life of the geologic sequestration project, the operator may modify
and resubmit the post-injection site care and site closure plan for
the director's approval within 30 days of such change. Any amendments
to the post-injection site care and site closure plan must be approved
by the director, be incorporated into the permit, and are subject
to the permit modification requirements in §5.202 of this title,
as appropriate.
(C) Upon cessation of injection, the operator of a
geologic storage facility must either submit an amended plan or demonstrate
to the director through monitoring data and modeling results that
no amendment to the plan is needed.
(2) Post-injection storage facility monitoring. Following
cessation of injection, the operator must continue to conduct monitoring
as specified in the approved plan until the director determines that
the position of the CO2 plume and pressure
front are such that the geologic storage facility will not endanger
USDWs.
(3) Prior to closure. Prior to authorization for storage
facility closure, the operator must demonstrate to the director, based
on monitoring, other site-specific data, and modeling that is reasonably
consistent with site performance that no additional monitoring is
needed to assure that the geologic storage facility will not endanger
USDWs. The operator must demonstrate, based on the current understanding
of the site, including monitoring data and/or modeling, all of the
following:
(A) the estimated magnitude and extent of the facility
footprint (the CO2 plume and the area
of elevated pressure);
(B) that there is no leakage of either CO2 or displaced formation fluids that will endanger
USDWs;
(C) that the injected or displaced fluids are not expected
to migrate in the future in a manner that encounters a potential leakage
pathway into USDWs;
(D) that the injection wells at the site completed
into or through the injection zone or confining zone will be plugged
and abandoned in accordance with these requirements; and
(E) any remaining facility monitoring wells will be
properly plugged or are being managed by a person and in a manner
approved by the director.
(4) Notice of intent for storage facility closure.
The operator must notify the director in writing at least 120 days
before storage facility closure. At the time of such notice, if the
operator has made any changes to the original plan, the operator also
must provide the revised plan. The director may approve a shorter
notice period.
(5) Authorization for storage facility closure. No
operator may initiate storage facility closure until the director
has approved closure of the storage facility in writing. After the
director has authorized storage facility closure, the operator must
plug all wells in accordance with the approved plan required by §5.203(k)
of this title and submit a plugging record (Form W-3) as required
by §3.14 of this title (relating to Plugging).
(6) Storage facility closure report. Once the director
has authorized storage facility closure, the operator must submit
a storage facility closure report within 90 days that must thereafter
be retained by the Commission in Austin. The report must include the
following information:
(A) documentation of appropriate injection and monitoring
well plugging. The operator must provide a copy of a survey plat that
has been submitted to the Regional Administrator of Region 6 of the
EPA. The plat must indicate the location of the injection well relative
to permanently surveyed benchmarks including the Latitude/Longitude
or X/Y coordinates of the surface location in the NAD 27, NAD 83,
or WGS 84 coordinate system, a labeled scale bar, and northerly direction
arrow;
(B) documentation of appropriate notification and information
to such state and local authorities as have authority over drilling
activities to enable such state and local authorities to impose appropriate
conditions on subsequent drilling activities that may penetrate the
injection and confining zones; and
(C) records reflecting the nature, composition, volume
and mass of the CO2 stream. If mass is
determined using volume, the operator must provide calculations.
(7) Certificate of closure. Upon completion of the
requirements in paragraphs (3) - (6) of this subsection, the director
will issue a certificate of closure. At that time, the operator is
released from the requirement in §5.205(c) of this title to maintain
financial assurance.
(l) Permit conditions for deed notation. The operator
of a geologic storage facility must record a notation on the deed
to the facility property; on any other document that is normally examined
during title search; or on any other document that is acceptable to
the county clerk for filing in the official public records of the
county that will in perpetuity provide any potential purchaser of
the property the following information:
(1) a complete legal description of the affected property;
Cont'd... |
