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 43-05-01-12 - Modification, revocation, and reissuance or terminationof permits
Current through Supplement No. 392, April, 2024
1. Permits are subject to review by the commission. Any interested person (i.e., the storage operator, local governments having jurisdiction over land within the area of review, and any person who has suffered or will suffer actual injury or economic damage) may request that the commission review permits issued under this chapter for one of the reasons set forth below. 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 below, the commission may review the permit. After review, the commission may modify or revoke a permit. Permits may be modified or revoked and reissued when the commission determines one of the following events has occurred:
2. If the commission tentatively decides to modify or revoke and reissue a permit, the commission shall prepare a draft permit incorporating the proposed changes. The commission may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of a revoked and reissued permit, the commission shall require the submission of a new permit application.
3. In a permit modification under this section, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding, the storage operator shall comply with all conditions of the existing permit until a new final permit is reissued.
4. Suitability of the storage facility location will not be considered at the time of permit modification or revocation unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.
5. The commission has received notification of a proposed transfer of the storage facility permit.
6. The following are causes for terminating an injection well permit during its term:
c A determination that the permitted activity endangers human health or the environment.
7. If the commission tentatively decides to terminate a permit, the commission shall issue notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under section 43-05-01-07.2.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 38-22