Current through Register Vol. 24-06, March 15, 2024
(1)
Permit required:
(a) Class V UIC wells used for the geologic
sequestration of carbon dioxide are not rule authorized and must obtain a state
waste discharge permit under chapter 173-216 WAC, State waste discharge permit
program or chapter 173-226 WAC, Waste discharge general permit
program.
(b) Class V injection
wells used for the geologic sequestration of carbon dioxide may directly
discharge into an aquifer only if:
(i) The
aquifer contains "naturally nonpotable groundwater" as defined in WAC
173-200-020(18)
and is beneath the lowermost geologic formation containing potable groundwater
within the vicinity of the geologic sequestration project area;
(ii) The operator has obtained a permit under
the state waste discharge permit program or the waste discharge general permit
program establishing enforcement limits which may exceed the groundwater
quality criteria, as allowed under WAC
173-200-050(3)(b)(vi);
(iii) The operator uses all known, available
and reasonable methods of prevention, control and treatment (AKART) to remove
contaminants, such as sulfur compounds and other contaminants, from the
injected CO2. Geologic sequestration of carbon dioxide
shall not be used for the disposal of non-CO2
contaminants that can be removed with known treatment technologies;
and
(iv) The operator is in
compliance with all conditions of their state waste discharge permit or their
waste discharge general permit.
(2)
Permit application: A
licensed geologist or engineer shall conduct the geologic and hydrogeologic
evaluations required under this section. Technical evaluations shall reflect
the best available scientific data as well as existing geologic, geophysical,
geomechanical, geochemical, hydrogeological and engineering data available on
the proposed project area. Existing data may be used in evaluations provided
their source and chronology is identified and the effects of any subsequent
modifications due to natural (seismic or other) or human induced (hydraulic
fracturing, drilling or other) events are analyzed. The waste discharge permit
application, under chapter 173-216 or 173-226 WAC, for a permit authorizing the
geologic sequestration of carbon dioxide shall include information supporting
the demonstration required by WAC
173-200-050(3)(b)(vi)
and all of the following:
(a) A description of how the project will
address:
(i) All jurisdictional boundaries
within ten miles of the geologic sequestration project boundary such as:
International borders, state borders, local jurisdictions, tribal land,
national parks or state parks;
(ii)
Accessibility for operations and monitoring in areas where access is restricted
by: Shorelines, flood plains, urban or other development, and any other natural
or man-made limiting factors;
(iii)
Active Holocene faults within five miles and seismic risks;
(b) A current site map showing:
(i) The boundaries of the geologic
sequestration project which shall be calculated to include the area containing
ninety-five percent of the injected CO2 mass one hundred
years after the completion of all CO2 injection or the
plume boundary at the point in time when expansion is less than one percent per
year, whichever is greater, or another method approved by the
department;
(ii) Location and well
number of all proposed CO2 injection wells;
(iii) Monitoring wells;
(iv) Location of all other wells including
cathodic protection boreholes; and
(v) Location of all pertinent surface
facilities, including atmospheric monitoring within the boundary of the
project;
(c) A technical
evaluation of the proposed project, including but not limited to, the
following:
(i) The names and lithologic
descriptions of the geologic containment system;
(ii) The name, description, and average depth
of the reservoir or reservoirs to be used for the geologic containment
system;
(iii) A geophysical,
geomechanical, geochemical and hydrogeologic evaluation of the geologic
containment system, including:
(A) An
evaluation of all existing information on all geologic strata overlying the
geologic containment system including, the immediate caprock containment
characteristics as well as those of other caprocks if included in the
containment system and all designated subsurface monitoring zones;
(B) Geophysical data and assessments of any
regional tectonic activity, local seismicity and regional or local fault zones;
and
(C) A comprehensive description
of local and regional structural or stratigraphic features;
(iv) The evaluation shall focus on
the proposed geologic sequestration reservoir or reservoirs and a description
of mechanisms of geologic containment, including but not limited to:
(A) Rock properties;
(B) Regional pressure gradients;
(C) Structural features; and
(D) Absorption characteristics or geochemical
reaction/mineralization processes, with regard to the ability to prevent
migration of CO2 beyond the proposed geologic
containment system;
(v)
The evaluation shall also identify:
(A) Any
productive oil and natural gas zones occurring stratigraphically above, below,
or within the geologic containment system;
(B) All water-bearing horizons known in the
immediate vicinity of the geologic sequestration project;
(C) The evaluation shall include a method to
identify unrecorded wells that may be present within the project
boundary;
(vi) The
evaluation shall include exhibits, plans and maps showing the following:
(A) All wells, including but not limited to,
water, oil, and natural gas exploration and development wells, injection wells
and other man-made subsurface structures and activities, including any mines,
within one mile of the geologic sequestration project;
(B) All man-made surface structures that are
intended for temporary or permanent human occupancy within one mile of the
geologic sequestration project;
(C)
Any regional or local faulting within the boundary of the geologic
sequestration project;
(D) An
isopach map of the proposed CO2 storage reservoir or
reservoirs that make up the geologic containment system;
(E) An isopach map of the primary and any
secondary caprock or containment barrier;
(F) A structure map of the top and base of
the storage reservoir or reservoirs that make up the geologic containment
system;
(G) Identification of all
structural spill points or stratigraphic discontinuities controlling the
isolation of CO2 or associated fluids;
(H) An evaluation of the potential
displacement of in situ fluids and the potential impact on groundwater
resources, if any; and
(I)
Structural and stratigraphic cross-sections that describe the geologic
conditions at the geologic containment system;
(vii) An operations and maintenance plan
including, but not limited to, a diagram of the entire injection system and a
description of the proposed operating and maintenance procedures;
(viii) A review of the data of public record
for all wells within the geologic sequestration project boundary which
penetrate the geologic containment system including the primary and/or all
other caprocks and those wells that penetrate these geologic formations within
one mile of the geologic sequestration project boundary, or any other distance
deemed necessary by the department. This review shall determine if all
abandoned wells have been plugged in a manner that prevents the movement of
CO2 or associated native fluids away from the geologic
containment system;
(ix) The
proposed maximum bottom hole injection rate and injection pressure to be used
at the geologic containment system. The maximum allowed injection pressure
shall be no greater than eighty percent of the formation fracture pressure as
determined by a mini-frac injection test or multiple-stage, minimum threshold
fracture injection test or other method approved by the department. The
geologic containment system shall not be subjected to injection pressures in
excess of the calculated fracture pressure even for short periods of time.
Higher operating pressures may only be allowed if approved in writing by the
department;
(x) The proposed
maximum long-term geologic containment system pressure and the necessary
technical data to support the proposed geologic containment system storage
pressure request;
(xi) The
evaluation and data quality shall be sufficient to establish with a high degree
of confidence that the geologic containment system has sufficient capacity,
injectivity and other geologic characteristics to permanently sequester
CO2;
(d) The predicted extent of the injected
CO2 plume determined with modeling tools acceptable to
the department that use all available geologic and reservoir engineering
information, and the projected response and storage capacity of the geologic
containment system. The assumptions used in the model and a discussion of the
uncertainty associated with the estimate shall be clearly presented;
(e) An analysis and selection of proposed
treatment technology for non-CO2 contaminant that
identifies the technology which meets the requirement that all known, available
and reasonable methods of prevention, control and treatment (AKART) to remove
contaminants from the injected CO2;
(f) A detailed description of the proposed
project public safety and emergency response plan. The plan shall detail the
safety procedures concerning the facility and residential, commercial, and
public land use within one mile, or any other distance as deemed necessary by
the department, of the boundary of geologic sequestration project area. The
public safety and emergency response procedures shall include contingency plans
for leakage from any well, flow lines, or other permitted facility. The public
safety and emergency response procedures also shall identify specific
contractors and equipment vendors capable of providing necessary services and
equipment to respond to incidents such as: Injection well leaks or loss of
containment from injection wells or releases from the geologic containment
system. These emergency response procedures shall be updated as necessary
throughout the operational life of the permitted storage facilities;
(g) A detailed worker safety plan that
addresses safety training and safe working procedures at the
facility;
(h) A corrosion
monitoring and prevention plan for all wells and surface facilities;
(i) A leak detection and monitoring plan for
all wells and surface facilities. The approved leak detection and monitoring
plan shall define the threshold for determining that a leak has occurred and
shall address:
(i) Identification of any
failure of the containment system;
(ii) Identification of release to the
atmosphere;
(iii) Identification of
degradation of any groundwater or surface water resources; and
(iv) Identification of migration of
CO2 or other contaminants into any overlying oil and
natural gas reservoirs;
(j) A geologic sequestration project leak
detection and monitoring plan using subsurface measurements to monitor movement
of the CO2 plume both within and to detect migration
outside of the permitted geologic containment system. This must include:
(i) Collection of baseline information on
formation pressure and background concentrations in groundwater, surface soils,
and chemical composition of in situ waters within the geologic containment
system and monitoring zone(s);
(ii)
Monitoring of pressure responses and other appropriate information immediately
above caprock of the geologic containment system;
(k) The approved subsurface leak detection
and monitoring plan shall be based on the site-specific characteristics as
documented by materials submitted in the permit application and shall address:
(i) Identification of any failure in the
containment system;
(ii)
Identification of release to the atmosphere;
(iii) Identification of degradation of any
ground or surface water resources; and
(iv) Identification of migration of
CO2 or other contaminants into any overlying oil and
natural gas reservoirs;
(l) A risk assessment that identifies and
quantifies hazards, probabilities, features, events and processes that might
result in undesirable impacts to public health and the environment;
(m) A mitigation and remediation plan that
identifies trigger thresholds and corrective actions to be taken prior to a
containment system failure, if groundwater quality in the monitoring zone or
above is degraded, or if carbon dioxide is released to the atmosphere. The
mitigation and remediation plan must conform to the standards set by subsection
(8) of this section and must be approved by the department before injection
begins;
(n) The proposed well
casing, cementing and integrity testing program;
(o) A closure and post-closure plan,
including a closure and post-closure cost estimate;
(p) The application shall designate a
financial assurance mechanism sufficient to cover the cost to the department
for the abandonment of the project or remediation of facility leaks should the
operator not perform as required or cease to exist;
(q) The application shall designate a
financial assurance mechanism sufficient to provide financial assurance to the
department to cover the plugging and abandonment or the remediation of a
CO2 injection and/or subsurface observation well should
the operator not perform as required in accordance with the permit or cease to
exist;
(r) The payment of the
application fee; and
(s) Any other
information that the department requires.
(3)
Geologic sequestration well
standards. (Note: In statutory references to chapter 344-12 WAC, the
word "gas" shall include all injected carbon dioxide for geologic
sequestration, including supercritical CO2.) Wells used
for geologic sequestration projects must meet the following:
(a) Casing materials and cement must be
designed and tested to withstand the reactive fluids and expected conditions
encountered during the geologic sequestration project, including the
post-closure period.
(b) Minimum
standards for construction and maintenance of wells. Chapter 173-160
WAC.
(c) Drilling fluid standards
of WAC 344-12-098.
(d) Directional or other appropriate surveys
shall be completed for all wells to verify location at depth.
(e) Wells must be logged with appropriate
geophysical methods which include: Cement bonding and evaluation logs, and
casing inspection logs. In addition a standard suite of wireline logs shall be
run on each well to document physical properties of the well, the well
integrity and any potential leakage points. The wireline logging suite must
include: Gamma ray, resistivity, temperature, formation pressure, both p- and
v-sonic and neutron-density. The department may approve alternate logging
suites that provide equivalent information or allow the use of improved methods
as new technologies are developed.
(f) All collected geologic data, including
geophysical logs, geologists logs, mud logs, and drilling logs, core, drill
cuttings, and all other logs and surveys shall be submitted to the department
of natural resources, division of geology and earth resources, within thirty
days after well completion. Submitted information shall include one paper and
one digital copy of logs. (Note: The department of natural resources maintains
geologic records in the state to enhance the scientific, economic and
environmental values of the people of the state.)
(g) One paper and one digital copy of all
reports and data collected from surface geological and geophysical surveys of
sequestration sites shall be submitted to the department of natural resources,
division of geology and earth resources within thirty days after
completion.
(h) Wells that are
completed within or below the geologic containment system must in addition:
(i) Meet the well casing and cementing
standards of WAC
344-12-087;
(ii) Verify the integrity of cement behind
casings, including the location of any channels, contamination or missing
cement, by a cement map that incorporates data from a cement bond log, a
variable density display, and an ultrasonic image, unless an alternative
evaluation has been approved in writing by the department;
(iii) Meet the blowout prevention standards
of WAC 344-12-092;
(iv) Wells shall be periodically tested to
assess their structural integrity. Annual tests shall include wireline surveys
for casing integrity/corrosion assessment and other appropriate tests. An
injection well casing pressure test will be conducted prior to use and retested
at least once prior to each permit renewal or when casing integrity/corrosion
assessments identify risks. Any finding of inadequate structural integrity
shall be reported to the department within twenty-four hours.
(i) Notify the department thirty
days prior to beginning any substantial work on wells including, deepening,
repair or closure. Advance notice period may be reduced by the department when
the work is intended to address immediate threats to public health, safety or
the environment.
(4)
Permit terms and conditions. All terms and conditions listed in
WAC 173-216-110, state waste
discharge permit program, apply. In addition, the following terms and
conditions shall apply to injection permits for the geologic sequestration of
carbon dioxide:
(a) To be issued a permit, an
applicant must demonstrate the following:
(i)
That the geology, including geochemistry, of the site and all proposed plans
developed for the permit application will:
(A)
Provide "permanent sequestration" of carbon dioxide as defined by WAC
173-407-110; and
(B) The caprock and other features of the
geologic containment system have the appropriate characteristics to prevent
migration of carbon dioxide, other contaminants and nonpotable water.
(ii) A monitoring program has been
developed to identify leakage from the geologic containment system to the
atmosphere, surface water and groundwater. The monitoring program must be able
to identify groundwater quality degradation in aquifers prior to degradation of
any potable aquifer. The monitoring program shall include observations in the
monitoring zone(s) that can identify migration to aquifers as close
stratigraphically to the geologic containment system as practicable.
(iii) Design and construction standards of
all facility structures and wells are sufficient to prevent migration of carbon
dioxide or nonpotable water that will degrade water quality or impact
beneficial uses outside the geologic containment system.
(iv) All known, available and reasonable
methods of prevention, control and treatment (AKART) will be used to remove
contaminants from the injected CO2. Geologic
sequestration of carbon dioxide shall not be used for the disposal of
non-CO2 contaminants that can be removed with known
treatment technologies.
(b) Pilot studies at potential geologic
sequestration project sites shall be encouraged to collect site
characterization, risk assessment and feasibility information. Permits for
pilot studies may be issued without meeting all the Class V geologic
sequestration project requirements only when:
(i) The pilot study is for a limited time
duration;
(ii) Public health and
the environment are protected;
(iii) The pilot study will collect detailed
site-specific information used to establish the feasibility of permanent
sequestration in developing a permit application that meets the standards of
this section. The pilot study permit shall be based upon an operator submitted
pilot study plan that addresses:
(A)
Site-specific geologic information including reasons for selecting a site as a
potential geologic sequestration project;
(B) Site-specific hydrogeologic information
that includes information on potable aquifers and how their water quality will
be protected;
(C) A detailed plan
of work for the pilot study that includes monitoring and quarterly
reporting;
(D) The information to
be gained by the study;
(E) The
total quantity of CO2 to be injected and an estimated
injection schedule for the study. CO2 injections for
pilot studies shall be limited to no more than 1,000 metric tons
CO2, unless the operator demonstrates in the plan that a
larger quantity is necessary to determine the feasibility and risks of a
project;
(F) The procedures to be
implemented to protect public health and the environment;
(iv) Pilot study permits shall not be used
for a full scale carbon sequestration project. Injection of carbon dioxide
associated with a pilot study permit shall be of limited quantity and duration,
not to exceed five years.
(c) The permit shall include an injection
pressure limitation and a maximum working pressure in the geologic containment
system, calculated from information provided in the application, that assures
that the pressure in the injection zone does not initiate new fractures or
propagate existing fractures in the injection zone or caprock. In no case shall
the injection pressure initiate fractures in the caprock or cause the movement
of injected fluids or formation fluids into shallower aquifers. Controlled
artificial fracturing of the injection zone of the geologic containment system
may be allowed with a plan that has been approved by the department.
(d) If the operator identifies leakage in
excess of the thresholds established in the mitigation and remediation plan,
water quality degradation in shallower aquifers or leaks to the surface,
including those around wells or within well casing, the operator must:
(i) Notify the department within twenty-four
hours;
(ii) Take all necessary
actions to protect public health, safety and the environment;
(iii) Stop injecting immediately, until the
project obtains approval for redefining the geologic containment system and its
relevant dimensions by the department;
(iv) Implement the mitigation and remediation
plan to arrest and reverse environmental impacts. Amendments to the mitigation
plan shall be developed in consultation with the department;
(e) Monitoring for geologic
sequestration projects shall include:
(i)
Characterization of injected fluids;
(ii) Continuous recording of injection
pressure, flow rate and volume;
(iii) Continuous recording of pressure on
annulus between tubing and long string casing;
(iv) Monitoring zone leak detection
identified in (a)(ii) of this subsection;
(v) Sufficient monitoring to confirm the
spatial distribution of the CO2 in the
subsurface.
(f)
Quarterly reports shall be submitted to the department that include the
following:
(i) Physical, chemical and other
relevant characterization of the injected fluids;
(ii) Monthly average, maximum and minimum
values for injection pressure, flow rate, volume injected and annular
pressure;
(iii) Updated data for
modeling that will project and/or establish the spatial distribution of
CO2 in the subsurface;
(iv) Results from monitoring zone leak
detection;
(v) Results from any
other tests/work completed during the reporting period, such as mechanical
integrity tests, geophysical surveys, acoustic monitoring, well repairs,
etc.
(g) Annual reports
shall be submitted to the department that include:
(i) A summary of the data collected
throughout the year, including any trends, observations, predictions as well as
calculated spatial distribution of injected
CO2;
(ii)
List of all noncompliance with the permit along with an explanation of the
cause(s) and subsequent remedial measures taken;
(iii) Updated modeling based on the
monitoring observations and measurements including a summary of calculated
spatial distribution of CO2 and all other conditions in
the subsurface necessary to establish the effectiveness of the geologic
containment system, as well as a discussion of history matching and an
assessment of the model's accuracy to date. Updated projections of project
response and capacity based on operational experience, including all new
geologic data and information;
(iv)
Observed anomalies from predicted behavior shall be identified and
explained;
(v) Discussion of
suggested changes in project management or suggested amendment of permit
conditions;
(vi) A report on the
financial assurance account which includes updated calculation of cost
estimates for all closure and post-closure activities and documentation that
the account is adequately funded to cover the calculated cost.
(5)
Closure. If all of the project's carbon dioxide injections are
interrupted for a period of one hundred eighty consecutive days, the operator
shall begin implementing the approved closure plan. Injection project
management may include injection and resting periods possibly exceeding one
hundred eighty days for individual injection wells. The closure triggers are
for the entire injection facility, not individual wells. The department may
extend this one hundred eighty day period, in writing, upon the request of the
operator, if the operator demonstrates that carbon dioxide injection will
resume within a period of not more than two years. The operator shall review
and amend the closure plan as needed, at a minimum the plan shall be reviewed
at each permit renewal. Proposed amendments shall be effective only after
approved in writing by the department. Approval of proposed amendments shall
not delay the commencement of closure activities using the most recent approved
closure plan. If the operator fails to begin closure, or is not able to begin
closure, the department shall use the financial assurance account to begin
closure activities.
(6)
Post-closure activities. The operator is obligated to renew and be
covered under permit and pay all appropriate permit fees throughout the
post-closure period. The operator shall continue all required monitoring and
reporting throughout the closure and post-closure period. The operator shall
review and amend the post-closure plan as needed, at a minimum the plan shall
be reviewed at each permit renewal. The post-closure period shall continue
until the department determines that modeling and monitoring demonstrate that
conditions in the geologic containment system indicate that there is little or
no risk of future environmental impacts and there is high confidence in the
effectiveness of the containment system and related trapping mechanisms. The
post-closure period shall be complete only after the operator has received
written approval from the department. If the operator fails to or is not able
to continue the post-closure activities as required, the department shall use
the financial assurance account to complete post-closure activities. Any funds
remaining in the financial assurance account shall be released to the operator
upon the department's approval of the completion of the post-closure
period.
(7)
Financial
assurance.
(a) The owner or operator
shall establish a closure and post-closure account to cover all closure and
post-closure expenses. The performance security held in the account may be:
(i) Bank letters of credit;
(ii) Cash deposits;
(iii) Negotiable securities;
(iv) An assignment of savings
account;
(v) A savings certificate
in a Washington bank;
(vi) A
corporate surety bond executed in favor of the department by a corporation
authorized to do business in the state of Washington; or
(vii) Other financial instruments or
performance security acceptable to the department.
(b) The department may for any reason refuse
any performance security not deemed adequate.
(c) The cost of the closure and post-closure
activities shall be calculated using current cost of hiring a third party to
close all existing facilities and to provide post-closure care, including
monitoring identified in the closure and post-closure plan.
(d) The closure and post-closure cost
estimate shall be revised annually to include any changes in the facility and
to include cost changes due to inflation.
(e) The obligation to maintain the account
for closure and post-closure care survives the termination of any permits and
the cessation of injection. The requirement to maintain the closure and
post-closure account is enforceable regardless of whether the requirement is a
specific condition of the permit.
(8)
Mitigation and remediation.
Each project must develop a mitigation and remediation plan that identifies
trigger thresholds and corrective actions to be taken if the containment system
fails, if water quality outside the geologic containment system is degraded, if
carbon dioxide is released to the atmosphere or if any other factor poses an
unacceptable risk to public health or the environment. A mitigation and
remediation plan must be approved by the department before injection begins and
amended as needed. The operator shall review and amend the mitigation and
remediation plan as needed, at a minimum the plan shall be thoroughly reviewed
at each permit renewal. The mitigation and remediation plan shall:
(a) Define leakage (i.e., trigger threshold),
leak detection and identification;
(b) Address caprock and spill-point
leaks;
(c) Address well bore leaks
from project wells or previously unidentified wells;
(d) Identify immediate responses to protect
public health, safety and the environment;
(e) Provide a detailed list of notifications
and surveys;
(f) Address remedial
measures such as: Well repairs, reduced injection pressure, reservoir or
formation pressure, creation of a pressure barrier through increased pressure
above geologic containment system, interception, recovery and reinjection of
CO2 or the removal of injected materials;
(g) Address redefining the geologic
containment system or closure and abandonment of the sequestration
project.
Statutory Authority: Chapter 80.80 RCW. 08-14-011 (Order
07-11), § 173-218-115, filed 6/19/08, effective
7/20/08.