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 43-05-01-13 - Emergency and remedial response plan

Universal Citation: ND Admin Code ยง 43-05-01-13

Current through Supplement No. 392, April, 2024

The storage operator shall implement the commission-approved emergency and remedial response plan and the worker safety plan proposed in section 43-05-01-05. This plan must include emergency response and security procedures. The plan, including revision of the list of contractors and equipment vendors, must be updated as necessary or as the commission requires. Copies of the plans must be available at the storage facility and at the storage operator's nearest operational office.

1. The emergency and remedial response plan requires a description of the actions the storage operator shall take to address movement of the injection or formation fluids that may endanger an underground source of drinking water during construction, operation, and postinjection site care periods. The requirement to maintain and implement a commission-approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. The plan must also detail:

a. The safety procedures concerning the facility and residential, commercial, and public land use within one mile [1.61 kilometers], or any other distance set by the commission, of the outside boundary of the facility area; and

b. Contingency plans for addressing carbon dioxide leaks from any well, flow lines, or other facility, and loss of containment from the storage reservoir, and identify specific contractors and equipment vendors capable of providing necessary services and equipment to respond to such leaks or loss of containment.

2. If the storage operator obtains evidence that the injected carbon dioxide stream and associated pressure front may endanger an underground source of drinking water, the storage operator shall:

a. Immediately cease injection;

b. Take all steps reasonably necessary to identify and characterize any release;

c. Notify the commission within twenty-four hours; and

d. Implement the emergency and remedial response plan approved by the commission.

3. The commission may allow the operator to resume injection prior to remediation if the storage operator demonstrates that the injection operation will not endanger underground sources of drinking water.

4. The storage operator shall review annually the emergency and remedial response plan developed under subsection 1. Based on this review, the storage operator shall submit to the commission an amended plan or demonstrate to the commission that no amendment to the plan is needed. Any amendments to the plan are subject to the commission's approval, must be incorporated into the storage facility permit, and are subject to the permit modification requirements. Amended plans or demonstrations that amendments are not needed shall be submitted to the commission as follows:

a. Within one year of an area of review reevaluation;

b. Following any significant changes to the facility, such as addition of injection or monitoring wells, on a schedule determined by the commission; or

c. When required by the commission.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 38-22

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