| (a) Scope of jurisdiction. This subchapter applies
to the geologic storage and associated injection of anthropogenic
CO2 in this state, both onshore and offshore.
(b) Injection of CO2 for
enhanced recovery.
(1) This subchapter does not apply to the injection
of fluid through the use of an injection well regulated under §3.46
of this title (relating to Fluid Injection into Productive Reservoirs)
for the primary purpose of enhanced recovery operations from which
there is reasonable expectation of more than insignificant future
production volumes of oil, gas, or geothermal energy and operating
pressures are no higher than reasonably necessary to produce such
volumes or rates. However, the operator of an enhanced recovery project
may propose to also permit the enhanced recovery project as a CO2 geologic storage facility simultaneously.
(2) If the director determines that an injection well
that is permitted for the injection of CO2 for
the purpose of enhanced recovery regulated under §3.46 of this
title should be regulated under this subchapter because the injection
well is no longer being used for the primary purpose of enhanced recovery
operations or there is an increased risk to USDWs, the director must
notify the operator of such determination and allow the operator at
least 30 days to respond to the determination and to file an application
under this subchapter or cease operation of the well. In determining
if there is an increased risk to USDWs, the director shall consider
the following factors:
(A) increase in reservoir pressure within the injection
zone;
(B) increase in CO2 injection
rates;
(C) decrease in reservoir production rates;
(D) distance between the injection zone and USDWs;
(E) suitability of the enhanced oil or gas recovery
AOR delineation;
(F) quality of abandoned well plugs within the AOR;
(G) the storage operator's plan for recovery of CO2 at the cessation of injection;
(H) the source and properties of injected CO2 ; and
(I) any additional site-specific factors as determined
by the director.
(3) This subchapter does not preclude an enhanced oil
recovery project operator from opting into a regulatory program that
provides carbon credit for anthropogenic CO2 sequestered
through the enhanced recovery project.
(c) Injection of acid gas. This subchapter does not
apply to the disposal of acid gas generated from oil and gas activities
from leases, units, fields, or a gas processing facility. Injection
of acid gas that contains CO2 and that
was generated as part of oil and gas processing may continue to be
permitted as a Class II injection well. The potential need to transition
a well from Class II to Class VI shall be based on the increased risk
to USDWs related to significant storage of CO2 in
the reservoir, where the regulatory tools of the Class II program
cannot successfully manage the risk. In determining if there is an
increased risk to USDWs, the director shall consider the following
factors:
(1) the reservoir pressure within the injection zone;
(2) the quantity of acid gas being disposed of;
(3) the distance between the injection zone and USDWs;
(4) the suitability of the disposed waste AOR delineation;
(5) the quality of abandoned well plugs within the
AOR;
(6) the source and properties of injected acid gas;
and
(7) any additional site-specific factors as determined
by the director.
(d) This subchapter applies to a well that is authorized
as or converted to an anthropogenic CO2 injection
well for geologic storage (a Class VI injection well). This subchapter
applies regardless of whether the well was initially completed for
the purpose of injection and geologic storage of anthropogenic CO2 or was initially completed for another purpose
and is converted to the purpose of injection and geologic storage
of anthropogenic CO2 , except that the
Commission may not issue a permit under this subchapter for the conversion
of a previously plugged and abandoned Class I injection well, including
any associated waste plume, to a Class VI injection well.
(e) Expansion of aquifer exemption. The areal extent
of an aquifer exemption for a Class II enhanced recovery well may
be expanded for the exclusive purpose of Class VI injection for geologic
storage if the aquifer does not currently serve as a source of drinking
water; and the total dissolved solids content is more than 3,000 milligrams
per liter (mg/l) and less than 10,000 mg/l; and it is not reasonably
expected to supply a public water system in accordance with 40 CFR
§146.4. An operator seeking such an expansion shall submit, concurrent
with the permit application, a supplemental report that complies with
40 CFR §144.7(d). The Commission adopts 40 CFR §144.7 and
§146.4 by reference, effective September 20, 2022.
(f) Injection depth waiver. An operator may seek a
waiver from the Class VI injection depth requirements for geologic
storage to allow injection into non-USDW formations while ensuring
that USDWs above and below the injection zone are protected from endangerment.
An operator seeking a waiver of the requirement to inject below the
lowermost USDW shall submit, concurrent with the permit application
or a permit amendment application, a supplemental report that complies
with 40 CFR §146.95. The Commission adopts 40 CFR §146.95
by reference, effective September 20, 2022.
(g) This subchapter does not apply to the injection
of any CO2 stream that meets the definition
of a hazardous waste under 40 CFR Part 261.
(h) An operator shall apply for a permit to drill (Form
W-1) prior to drilling a stratigraphic test well, notify the UIC Section
of the application, and submit a completion report (Form W-2/G-1)
once the well is completed. If the operator plans to convert the stratigraphic
test well to a Class VI injection well, the well construction shall
meet all of the requirements of this subchapter for a Class VI injection
well. Any stratigraphic test well drilled for exploratory purposes
only shall be governed by the provisions of Commission rules in Chapter
3 of this title (relating to Oil and Gas Division) applicable to the
drilling, safety, casing, abandoning, and plugging of wells. As an
alternative to drilling a stratigraphic test well, an operator may
obtain data for site characterization from offset wells.
(i) If a provision of this subchapter conflicts with
any provision or term of a Commission order or permit, the provision
of such order or permit controls provided that the provision satisfies
the minimum requirements for EPA's Class VI UIC program.
(j) The operator of a geologic storage facility must
comply with the requirements of this subchapter as well as with all
other applicable Commission rules and orders, including the requirements
of Chapter 8 of this title (relating to Pipeline Safety Regulations)
for pipelines and associated facilities.
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| Source Note: The provisions of this §5.201 adopted to be effective December 20, 2010, 35 TexReg 11202; amended to be effective September 19, 2022, 47 TexReg 5797; amended to be effective September 11, 2023, 48 TexReg 5022 |
