| (a) Permit required.
(1) A person shall not begin drilling or operating
an anthropogenic CO2 injection well for
geologic storage regulated under this subchapter or constructing or
operating a geologic storage facility regulated under this subchapter
without first obtaining the necessary permits from the Commission.
Following receipt of a geologic storage facility permit issued under
this subchapter, the storage operator shall obtain a permit to drill,
deepen, or convert a well for storage purposes in accordance with §3.5
of this title (relating to Application to Drill, Deepen, Reenter,
or Plug Back).
(2) A person may not begin injection until:
(A) construction of the well is complete;
(B) the operator has submitted to the director notice
of completion of construction;
(C) the Commission has inspected or otherwise reviewed
the injection well and finds it is in compliance with the conditions
of the permit; and
(D) the director has issued a permit to operate the
injection well.
(b) Permit amendment.
(1) An operator must file an application to amend an
existing geologic storage facility permit with the director:
(A) prior to expanding the areal extent of the storage
reservoir;
(B) prior to increasing the permitted injection pressure
or injection rate;
(C) prior to adding injection wells; or
(D) at any time that conditions at the geologic storage
facility materially deviate from the conditions specified in the permit
or permit application.
(2) Compliance with plan amendments required by this
subchapter does not necessarily constitute a material deviation in
conditions requiring an amendment of the permit.
(c) Permit transfer. An operator may transfer its geologic
storage facility permit to another operator if the requirements of
this subsection are met. A new operator shall not assume operation
of the geologic storage facility without a valid permit.
(1) Notice. An applicant must submit written notice
of an intended permit transfer to the director at least 45 days prior
to the date the transfer of operations is proposed to take place,
unless such action could trigger U. S. Securities and Exchange Commission
fiduciary and insider trading restrictions and/or rules.
(A) The applicant's notice to the director must contain:
(i) the name and address of the person to whom the
geologic storage facility will be sold, assigned, transferred, leased,
conveyed, exchanged, or otherwise disposed;
(ii) the name and location of the geologic storage
facility and a legal description of the land upon which the storage
facility is situated;
(iii) the date that the sale, assignment, transfer,
lease conveyance, exchange, or other disposition is proposed to become
final; and
(iv) the date that the transferring operator will relinquish
possession as a result of the sale, assignment, transfer, lease conveyance,
exchange, or other disposition.
(B) The person acquiring a geologic storage facility,
whether by purchase, transfer, assignment, lease, conveyance, exchange,
or other disposition, must notify the director in writing of the acquisition
as soon as it is reasonably possible but not later than five business
days after the date that the acquisition of the geologic storage facility
becomes final. The director shall not approve the transfer of a geologic
storage facility permit until the new operator provides all of the
following:
(i) the name and address of the operator from which
the geologic storage facility was acquired;
(ii) the name and location of the geologic storage
facility and a description of the land upon which the geologic storage
facility is situated;
(iii) the date that the acquisition became or will
become final;
(iv) the date that possession was or will be acquired;
and
(v) the financial assurance required by this subchapter.
(2) Evidence of financial responsibility. The operator
acquiring the permit must provide the director with evidence of financial
responsibility satisfactory to the director in accordance with §5.205
of this title (relating to Fees, Financial Responsibility, and Financial
Assurance).
(3) Transfer of responsibility. An operator remains
responsible for the geologic storage facility until the director approves
in writing the sale, assignment, transfer, lease, conveyance, exchange,
or other disposition and the person acquiring the storage facility
complies with all applicable requirements.
(d) Modification, revocation and reissuance, or termination
of a geologic storage facility permit.
(1) Permit review. Permits are subject to review by
the Commission. Any interested person may request that the Commission
review a permit issued under this subchapter for one of the reasons
set forth in paragraph (2) of this subsection. All requests must be
in writing and must contain facts or reasons supporting the request.
If the Commission determines that the request may have merit or at
the Commission's initiative for one or more of the reasons set forth
in paragraph (2) of this subsection, the Commission may review the
permit.
(2) Action by the Commission. The director may modify,
revoke and reissue, or terminate a geologic storage facility permit
after notice and opportunity for hearing under any of the following
circumstances.
(A) Causes for modification or for revocation and reissuance.
The following may be causes for revocation and reissuance as well
as modification:
(i) Alterations. There are material and substantial
alterations or additions to the permitted facility or activity which
occurred after permit issuance that justify the inclusion of permit
conditions that are different from or absent in the existing permit.
(ii) New information. The director has received new
material information that was not available at the time of permit
issuance and would have justified the inclusion of different permit
conditions at the time of issuance. This may include any increase
greater than the permitted CO2 storage
volume, and/or changes in the chemical composition of the CO2 stream that in the judgment of the director,
would interfere with the operation of the facility or its ability
to meet the permit conditions.
(iii) New regulations. The standards or regulations
on which the permit was based have been materially changed by promulgation
of new or amended standards or regulations or by judicial decision
after the permit was issued.
(iv) Compliance schedules. The director determines
good cause exists for modification of a compliance schedule, such
as an act of God, strike, flood, or materials shortage, or other events
over which the permittee has little or no control and for which there
is no reasonably available remedy.
(v) Basis for permit modification. The director shall
modify the permit whenever the director determines that permit changes
are necessary based on:
(I) a re-evaluation under §5.203(d) of this title
(relating to Application Requirements);
(II) any amendments to the testing and monitoring plan
under §5.203(j) of this subchapter;
(III) any amendments to the injection well plugging
plan under §5.203(k) of this title;
(IV) any amendments to the post-injection site care
and site closure plan under §5.203(m) of this title;
(V) any amendments to the emergency and remedial response
plan under §5.203(l) of this title;
(VI) a review of monitoring and/or testing results
conducted in accordance with permit requirements;
(VII) cause exists for termination under subparagraph
(B) of this paragraph, and the director determines that modification
or revocation and reissuance is appropriate;
(VIII) the director has received notification of a
proposed transfer of the permit; or
(IX) a determination that the fluid being injected
is a hazardous waste as defined in 40 CFR §261.3 either because
the definition has been revised, or because a previous determination
has been changed.
(vi) If the director tentatively decides to modify
or revoke and reissue a permit, the director shall prepare a draft
permit incorporating the proposed changes. The director may request
additional information and, in the case of a modified permit, may
require the submission of an updated application. In the case of revoked
and reissued permits, the director shall require the submission of
a new application.
Cont'd... |
