Current through Register Vol. 48, No. 6, March 25, 2025
a. Prior to approving a Class VI Development Plan, the Commission will review an Operator's Alternative Location Analysis prepared pursuant to Rule 1405.a.(6).B and Cumulative Impacts Analysis prepared pursuant to Rule 1405.a.(6).C to determine whether the Class VI Development Plan adequately evaluates and addresses Cumulative Impacts. In making this determination, the Commission will consider:
(1) The Area of Evaluation used, whether Disproportionately Impacted Communities will be affected by the proposed Class VI Development Plan, and how that determination was made;
(2) If the Working Pad Surface of a proposed Oil and Gas Location is within 1/2 mile of a Residential Building Unit, High Occupancy Building Unit, School Facility, or Child Care Center within a Disproportionately Impacted Community, the information required pursuant to Rule 315.b.(2).D.iv;
(3) Any actions taken by the Geologic Storage Operator to first avoid adverse Cumulative Impacts;
(4) Any actions taken by the Geologic Storage Operator to minimize adverse Cumulative Impacts that could not be avoided;
(5) Any actions taken by the Geologic Storage Operator, including mitigation measures or measures agreed to in any applicable community benefit agreement(s), to mitigate adverse Cumulative Impacts that could not be avoided or minimized;
(6) A narrative describing any adverse Cumulative Impacts that the Operator determines would result from approval of the Class VI Development Plan;
(7) Any beneficial Cumulative Impacts that would result from approval of the Class VI Development Plan;
(8) How the Operator engaged with and involved nearby residents and businesses in planning the proposed Geologic Storage Operations and any associated mitigation measures;
(9) Any public comments or other input provided by members of the public and the Operator's response to such comments;
(10) A narrative explanation as to how no alternative location is available that would better avoid or minimize adverse Cumulative Impacts;
(11) The Relevant Local Government's consideration or disposition of a land use permit for the location;
(12) Results of meetings and consultations conducted pursuant to Rule 1406.a, d & e;
(13) The Geologic Storage Operator's record of compliance with the Act and Commission Rules; and
(14) Any other information the Commission deems relevant to evaluating the Cumulative Impacts of the Class VI Development Plan.
b. If the Commission determines that the application does not adequately evaluate or address Cumulative Impacts, the Commission may require any conditions of approval that are determined to be necessary and reasonable to adequately evaluate and address Cumulative Impacts, or it may deny the application.
c. Upon approval of a Class VI Development Plan, the Commission will provide a plain language summary of how any negative Cumulative Impacts are avoided, or if not avoided, how they are minimized, and if not avoided or minimized, how they are mitigated, and why any unmitigated adverse Cumulative Impacts should be accepted.
d.
No Negative Net Cumulative Impacts on a Disproportionately Impacted Community.
(1)
Applicability. This Rule 1410.d applies to any proposed Geologic Storage Location with a Working Pad Surface within 1/2 mile of a Residential Building Unit, High Occupancy Building Unit, School Facility, or Child Care Center within a Disproportionately Impacted Community.
(2) The Commission will weigh the potential adverse and beneficial impacts to public health and the environment of the proposed Class VI Development Plan, including any related mitigation projects and community benefit agreements, on the Disproportionately Impacted Community to make a qualitative determination of whether the proposed Geologic Storage Operations will have negative net Cumulative Impacts on a Disproportionately Impacted Community.
(3) The Commission order approving or denying an application for a Class VI Development Plan subject to this Rule 1410.d will include a plain language summary of the Commission's determination regarding the net Cumulative Impacts of the Class VI Development Plan on a Disproportionately Impacted Communities.
(4) The Commission will deny any application for a Class VI Development Plan that would have negative net Cumulative Impacts on a Disproportionately Impacted Community.
