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 43-05-01-18 - Reporting requirements

Current through Supplement No. 392, April, 2024

1. The storage operator shall file with the commission all reports, submittals, notifications, and any other information that the commission requires.

2. The storage operator shall give notice to the commission as soon as possible of any planned physical alterations or additions to the permitted storage facility or any other planned changes in the permitted storage facility or activity which may result in noncompliance with permit requirements.

3. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than thirty days following each schedule date.

4. The storage operator shall file with the commission quarterly, or more frequently if the commission requires, a report on the volume of carbon dioxide injected into or withdrawn since the last report, the average injection rate, average composition of the carbon dioxide stream, wellhead and downhole temperature and pressure data or calculations, or other pertinent operational parameters as required by the commission.

5. The storage operator shall submit all required reports, submittals, and notification under chapter 43-05-01 to the United States environmental protection agency in an electronic format approved by that agency.

6. The quarterly report is due thirty days after the end of the quarter. The report must:

a. Describe any changes to the physical, chemical, and other relevant characteristics of the carbon dioxide stream from the proposed operating data;

b. State the monthly average, maximum, and minimum values for injection pressure, flow rate and volume, and annular pressure;

c. Describe any event that exceeds operating parameters for annulus pressure or injection pressure specified in the permit;

d. Describe any event which triggers a shutoff device required pursuant to subsection 5 of section 43-05-01-11.3 and the response taken;

e. State the monthly volume and mass of the carbon dioxide stream injected over the reporting period and the volume injected cumulatively over the life of the project to date;

f. State the monthly annulus fluid volume added; and

g. State the results of monitoring prescribed under section 43-05-01-11.4.

7. The storage operator shall file with the commission an annual report that summarizes the quarterly reports and that provides updated projections of the response and storage capacity of the storage reservoir. The projections must be based on actual reservoir operational experience, including all new geologic data and information. All anomalies in predicted behavior as indicated in permit conditions or in the assumptions upon which the permit was issued must be explained and, if necessary, the permit conditions amended in accordance with section 43-05-01-12. The annual report is due forty-five days after the end of the year.

8. The storage operator shall report, within thirty days, the results of:

a. Periodic tests of mechanical integrity;

b. Any well workover; and

c. Any other test of the injection well conducted by the storage operator if required by the commission.

9. The storage operator shall report the following, within twenty-four hours:

a. Any evidence that the injected carbon dioxide stream or associated pressure front may cause an endangerment to an underground source of drinking water;

b. Any noncompliance which may endanger health and safety of persons or cause pollution of the environment, including:
(1) Any monitoring or other information which indicates that any contaminant may cause an endangerment to underground sources of drinking water; or

(2) Any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water shall be provided verbally within twenty-four hours from the time the storage operator becomes aware of the circumstances. A written submission shall also be provided within five days of the time the storage operator becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times; and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

c. Any triggering of a shutoff system (e.g., down-hole or at the surface);

d. Any failure to maintain mechanical integrity; or

e. Any release of carbon dioxide to the atmosphere or biosphere in compliance with the requirement under subdivision h of subsection 1 of section 43-05-01-11.4 for surface air and soil gas monitoring, or other monitoring technologies required by the commission.

10. The storage operator shall notify the commission in writing thirty days in advance of:

a. Any planned well workover;

b. Any planned stimulation activities, other than stimulation for formation testing conducted;

c. Any other planned test of the injection well conducted by the storage operator; and

d. The conversion or abandonment of any well used or proposed to be used in a geologic storage operation.

11. The storage operator shall retain the following records until project completion:

a. All data collected for the applications of the storage facility permit, injection well permit, and operation of injection well permit;

b. Data on the nature and composition of all injected fluids collected pursuant to subdivision a of subsection 1 of section 43-05-01 -11.4; and

c. All records from the closure period, including well plugging reports, postinjection site care data, and the final assessment.

d. Upon project completion, the storage operator shall deliver any records required in this section to the commission.

12. The storage operator shall retain the following records for a period of at least ten years from the date of the sample, measurement, or report:

a. Monitoring data collected pursuant to subdivisions b through i of subsection 1 of section 43-05-01-11.4; and

b. Calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by the storage facility permit.

c. This period may be extended by request of the commission at any time.

13. The storage operator shall report all instances of noncompliance not otherwise reported under this section, at the time monitoring reports are submitted. The reports shall contain the information listed in subsection 9.

14. Where the storage operator becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the commission, such facts or information shall be promptly submitted to the commission. Failure to do so may result in revocation of the permit, depending on the nature of the information withheld.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 38-22

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.