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 43-05-01-05 - Storage facility permit
Universal Citation: ND Admin Code ยง 43-05-01-05
Current through Supplement No. 392, April, 2024
1. An application for a permit must include the following:
a. A site map showing the
boundaries of the storage reservoir and the location of all proposed wells,
proposed cathodic protection boreholes, and surface facilities within the
carbon dioxide storage facility area;
b. A technical evaluation of the proposed
storage facility, including the following:
(1)
The name, description, and average depth of the storage reservoirs;
(2) A geologic and hydrogeologic evaluation
of the facility area, including an evaluation of all existing information on
all geologic strata overlying the storage reservoir, including the immediate
caprock containment characteristics and all subsurface zones to be used for
monitoring. The evaluation must include any available geophysical data and
assessments of any regional tectonic activity, local seismicity and regional or
local fault zones, and a comprehensive description of local and regional
structural or stratigraphic features. The evaluation must describe the storage
reservoir's mechanisms of geologic confinement, including rock properties,
regional pressure gradients, structural features, and adsorption
characteristics with regard to the ability of that confinement to prevent
migration of carbon dioxide beyond the proposed storage reservoir. The
evaluation must also identify any productive existing or potential mineral
zones occurring within the facility area and any underground sources of
drinking water in the facility area and within one mile [1.61 kilometers] of
its outside boundary. The evaluation must include exhibits and plan view maps
showing the following:
(a) All wells,
including water, oil, and natural gas exploration and development wells, and
other manmade subsurface structures and activities, including coal mines,
within the facility area and within one mile [1.61 kilometers] of its outside
boundary;
(b) All manmade surface
structures that are intended for temporary or permanent human occupancy within
the facility area and within one mile [1.61 kilometers] of its outside
boundary;
(c) Any regional or local
faulting;
(d) An isopach map of the
storage reservoirs;
(e) An isopach
map of the primary and any secondary containment barrier for the storage
reservoir;
(f) A structure map of
the top and base of the storage reservoirs;
(g) Identification of all structural spill
points or stratigraphic discontinuities controlling the isolation of stored
carbon dioxide and associated fluids within the storage reservoir;
(h) Evaluation of the pressure front and the
potential impact on underground sources of drinking water, if any;
(i) Structural and stratigraphic cross
sections that describe the geologic conditions at the storage
reservoir;
(j) The location,
orientation, and properties of known or suspected faults and fractures that may
transect the confining zone in the area of review, and a determination that
they would not interfere with containment;
(k) Data on the depth, areal extent,
thickness, mineralogy, porosity, permeability, and capillary pressure of the
injection and confining zone, including facies changes based on field data,
which may include geologic cores, outcrop data, seismic surveys, well logs, and
names and litnologic descriptions;
(I) Geomechanical information on fractures,
stress, ductility, rock strength, and in situ fluid pressures within the
confining zone. The confining zone must be free of transmissive faults or
fractures and of sufficient areal extent and integrity to contain the injected
carbon dioxide stream;
(m)
Information on the seismic history, including the presence and depth of seismic
sources and a determination that the seismicity would not interfere with
containment;
(n) Geologic and
topographic maps and cross sections illustrating regional geology,
hydrogeology, and the geologic structure of the facility area; and
(o) Identify and characterize additional
strata overlying the storage reservoir that will prevent vertical fluid
movement, are free of transmissive faults or fractures, allow for pressure
dissipation, and provide additional opportunities for monitoring, mitigation,
and remediation.
(3) A
review of the data of public record, conducted by a geologist or engineer, for
all wells within the facility area, which penetrate the storage reservoir or
primary or secondary seals overlying the reservoir, and all wells within the
facility area and within one mile [1.61 kilometers], or any other distances
deemed necessary by the commission, of the facility area boundary. The review
must include the following:
(a) A
determination that all abandoned wells have been plugged and all operating
wells have been constructed in a manner that prevents the carbon dioxide or
associated fluids from escaping from the storage reservoir;
(b) A description of each well's type,
construction, date drilled, location, depth, record of plugging, and
completion;
(c) Maps and
stratigraphic cross sections indicating the general vertical and lateral limits
of all underground sources of drinking water, water wells, and springs within
the area of review; their positions relative to the injection zone; and the
direction of water movement, where known;
(d) Maps and cross sections of the area of
review;
(e) A map of the area of
review showing the number or name and location of all injection wells,
producing wells, abandoned wells, plugged wells or dry holes, deep
stratigraphic boreholes, state-approved or United States environmental
protection agency-approved subsurface cleanup sites, surface bodies of water,
springs, mines (surface and subsurface), quarries, water wells, other pertinent
surface features, including structures intended for human occupancy, state,
county, or Indian country boundary lines, and roads;
(f) A list of contracts, submitted to the
commission, when the area of review extends across state jurisdiction boundary
lines;
(g) Baseline geochemical
data on subsurface formations, including all underground sources of drinking
water in the area of review; and
(h) Any additional information the commission
may require.
(4) The
proposed calculated average and maximum daily injection rates, daily volume,
and the total anticipated volume of the carbon dioxide stream using a method
acceptable to and filed with the commission;
(5) The proposed average and maximum bottom
hole injection pressure to be utilized at the reservoir. The maximum allowed
injection pressure, measured in pounds per square inch gauge, shall be approved
by the commission and specified in the permit. In approving a maximum injection
pressure limit, the commission shall consider the results of well tests and
other studies that assess the risks of tensile failure and shear failure. The
commission shall approve limits that, with a reasonable degree of certainty,
will avoid initiating a new fracture or propagating an existing fracture in the
confining zone or cause the movement of injection or formation fluids into an
underground source of drinking water;
(6) The proposed preoperational formation
testing program to obtain an analysis of the chemical and physical
characteristics of the injection zone and confining zone pursuant to section
43-05-01-11.2;
(7) The proposed stimulation program, a
description of stimulation fluids to be used, and a determination that
stimulation will not interfere with containment; and
(8) The proposed procedure to outline steps
necessary to conduct injection operations.
c. The extent of the pore space that will be
occupied by carbon dioxide as determined by utilizing all appropriate geologic
and reservoir engineering information and reservoir analysis, which must
include various computational models for reservoir characterization, and the
projected response of the carbon dioxide plume and storage capacity of the
storage reservoir. The computational model must be based on detailed geologic
data collected to characterize the injection zones, confining zones, and any
additional zones;
d. An emergency
and remedial response plan pursuant to section
43-05-01-13;
e. A detailed worker safety plan that
addresses carbon dioxide safety training and safe working procedures at the
storage facility pursuant to section
43-05-01-13;
f. A corrosion monitoring and prevention plan
for all wells and surface facilities pursuant to section
43-05-01-15;
g. A leak detection and monitoring plan for
all wells and surface facilities pursuant to section
43-05-01-14. The plan must:
(1) Identify the potential for release to the
atmosphere;
(2) Identify potential
degradation of ground water resources with particular emphasis on underground
sources of drinking water; and
(3)
Identify potential migration of carbon dioxide into any mineral zone in the
facility area;
h. A leak
detection and monitoring plan to monitor any movement of the carbon dioxide
outside of the storage reservoir. This may include the collection of baseline
information of carbon dioxide background concentrations in ground water,
surface soils, and chemical composition of in situ waters within the facility
area and the storage reservoir and within one mile [1.61 kilometers] of the
facility area's outside boundary. Provisions in the plan will be dictated by
the site characteristics as documented by materials submitted in support of the
permit application but must:
(1) Identify the
potential for release to the atmosphere;
(2) Identify potential degradation of ground
water resources with particular emphasis on underground sources of drinking
water; and
(3) Identify potential
migration of carbon dioxide into any mineral zone in the facility
area;
i. The proposed
well casing and cementing program detailing compliance with section
43-05-01-09;
j. An area of review and corrective action
plan that meets the requirements pursuant to section
43-05-01-05.1;
k. The storage operator shall comply with the
financial responsibility requirements pursuant to section
43-05-01-09.1;
l. A testing and monitoring plan pursuant to
section 43-05-01-11.4;
m. A plugging plan that meets requirements
pursuant to section
43-05-01-11.5;
n. A postinjection site care and facility
closure plan pursuant to section
43-05-01-19; and
o. Any other information that the commission
requires.
2. Any person filing a permit application or an application to amend an existing permit shall pay a processing fee. The fee will be based on actual processing costs, including computer data processing costs, incurred by the commission.
a. A record of all application processing
costs incurred must be maintained by the commission.
b. Promptly after receiving an application,
the commission shall prepare and submit to the applicant an estimate of the
processing fee and a payment billing schedule.
c. After the commission's work on the
application has concluded, a final statement will be sent to the applicant. The
full processing fee must be paid before the commission issues its final
decision on an application.
d. The
applicant must pay the processing fee regardless of whether a permit is issued
or denied, or the application withdrawn.
3. The commission has one year from the date an application is deemed complete to issue a final decision regarding the application.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 38-22
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