North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-05 - Geologic Storage of Carbon Dioxide
Chapter 43-05-01 - Geologic Storage of Carbon Dioxide
Section 43-05-01-02.4 - Exempted aquifers and expansions of areal extent of existing aquifer exemptions

Universal Citation: ND Admin Code ยง 43-05-01-02.4

Current through Supplement No. 392, April, 2024

1. The commission may identify by narrative description, illustrations, maps, or other means and shall implement these rules to protect as underground sources of drinking water, all aquifers and parts of aquifers that meet the definition of "underground source of drinking water". Even if an aquifer has not been specifically identified by the commission, it is an underground source of drinking water if it meets the definition of "underground source of drinking water". Other than United States environmental protection agency-approved aquifer exemption expansions, new aquifer exemptions shall not be issued for injection wells.

2. The commission shall identify, by narrative description, illustrations, maps, or other means, and describe in geographic and geometric terms, such as vertical and lateral limits and gradient, which are clear and definite, all aquifers or parts of aquifers that the commission proposes to designate as exempted aquifers using the criteria in section 43-02-05-03. No designation of an exempted aquifer submitted as part of the underground injection control program is final until approved by the United States environmental protection agency administrator as part of the underground injection control program.

3. A storage operator of enhanced oil or gas recovery wells may apply to the commission for approval to expand the areal extent of an aquifer exemption already in place for an enhanced oil or gas recovery well for the exclusive purpose of carbon dioxide injection for geologic sequestration. Such applications are considered a revision to the applicable federal underground injection control program or a substantial program revision to an approved state underground injection control program and are not final until approved by the United States environmental protection agency.

a. A storage operator's application must define by narrative description, illustrations, maps, or other means and describe in geographic or geometric terms, such as vertical and lateral limits and gradient that are clear and definite, all aquifers or parts thereof that are requested to be designated as exempted under section 43-02-05-03.

b. In evaluating an application, the commission shall determine that it meets the criteria for exemptions in section 43-02-05-03. In making the determination, the commission shall consider:
(1) Current and potential future use of the underground sources of drinking water to be exempted as drinking water resources;

(2) The predicted extent of the injected carbon dioxide plume, and any mobilized fluids that may result in degradation of water quality, over the lifetime of the geologic sequestration project, as informed by computational modeling performed pursuant to subdivision a of subsection 2 of section 43-05-01-05.1, in order to ensure that the proposed injection operation will not at any time endanger underground sources of drinking water, including nonexempted portions of the injection formation;

(3) Whether the areal extent of the expanded aquifer exemption is sufficient to account for any possible revisions to the computational model during revaluation of the area of review; and

(4) Information submitted to support a waiver request made by the applicant under section 43-05-01 -11.6, if appropriate.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 38-22

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