(a) The owner or
operator of a Class VI well shall prepare, maintain, and comply with a plan to
delineate the area of review for a proposed geologic sequestration project,
reevaluate the delineation, and perform corrective action that meets the
requirements of this Section and is approved by the Administrator. The area of
review shall be based on computational modeling that accounts for the physical
and chemical properties of all phases of the injected carbon dioxide stream.
The area of review shall never be less than the area of potentially affected
groundwater. An area of review and corrective action plan shall include the
following information:
(i) The method for
delineating the area of review that meets the requirements of paragraph (b) of
this Section, including the name, version and availability of the model that
will be used, assumptions that will be made, and the site characterization data
on which the model will be based;
(ii) A description of:
(A) The monitoring and operational conditions
that would warrant a reevaluation of the area of review prior to the next
scheduled re-evaluation as determined by the minimum fixed frequency
established in paragraph (c) of this Section.
(B) How monitoring and operational data
(e.g., injection rate and pressure) will be used to evaluate the area of
review; and
(C) How corrective
action will be conducted to meet the requirements of paragraph (b)(v) of this
Section, including:
(I) What corrective action
will be performed prior to injection;
(II) What, if any, portions of the area of
review will have corrective action addressed on a phased basis and how the
phasing will be determined;
(III)
How corrective action will be adjusted if there are changes in the area of
review; and
(IV) How site access
will be ensured for future corrective action.
(b) Owners or operators of Class
VI wells shall perform the following actions to delineate the area of review,
identify all wells that require corrective action, and perform corrective
action on those wells:
(i) Predict, using
existing site characterization, monitoring and operational data, and
computational modeling:
(A) The projected
lateral and vertical migration of the carbon dioxide plume and formation fluids
in the subsurface from the commencement of injection activities until the plume
movement ceases;
(B) The pressure
differentials, demonstrating that pressure differentials sufficient to cause
the movement of injected fluids or formation fluids into a USDW or to otherwise
threaten human health, safety, or the environment will not be present, or until
the end of a fixed time period determined by the Administrator;
(C) The potential need for brine removal;
and
(D) The long-term effects of
pressure buildup if brine is not removed.
(ii) Use modeling that:
(A) Is based on:
(I) Detailed geologic data available or
collected to characterize the injection zone, confining zone, and any
additional zones; and
(II)
Anticipated operating data, including injection pressures, rates and total
volumes over the proposed operational life of the facility;
(B) Takes into account any
relevant geologic heterogeneities, other discontinuities, data quality, and
their possible impact on model predictions; and
(C) Considers potential migration through
faults, fractures, and artificial penetrations.
(iii) Using methods approved by the
Administrator, identify all penetrations, including active and abandoned wells
and underground mines, in the area of review that may penetrate the confining
zone, and provide a description of each well's type, construction, date
drilled, location, depth, record of plugging and completion, and any additional
information the Administrator may require;
(iv) Determine which abandoned wells in the
area of review have been plugged in a manner that prevents the movement of:
(A) Carbon dioxide that may endanger USDWs or
otherwise threaten human health, safety, or the environment; or
(B) Displaced formation fluids, or other
fluids, including the use of materials compatible with the carbon dioxide
stream, that may endanger USDWs or otherwise threaten human health, safety, or
the environment; and
(v)
Owners or operators of Class VI wells shall perform corrective action on any
wells in the area of review that are determined to need corrective action,
using methods designed to prevent the movement of fluid into or between USDWs
including use of materials compatible with the carbon dioxide stream, where
appropriate.
(c) At a
fixed frequency, not to exceed two (2) years during the operational life of the
facility or five (5) years during the post-injection site care period (until
site closure) as specified in the area of review and corrective action plan, or
when monitoring and operational conditions warrant, owners or operators shall:
(i) Re-evaluate the area of review in the
same manner specified in subparagraph (b)(i) of this Section;
(ii) Identify all wells in the re-evaluated
area of review that require corrective action in the same manner specified in
subparagraph (b)(iv) of this Section;
(iii) Perform corrective action on wells
requiring corrective action in the reevaluated area of review in the same
manner specified in subparagraph (b)(v) of this Section; and
(iv) Submit an amended area of review and
corrective action plan, or demonstrate to the Administrator through monitoring
data and modeling results that no change to the area of review and corrective
action plan is needed.
(A) Amendments to the
area of review and corrective action plan shall be subject to approval of the
Administrator.
(B) Amendments to
the area of review shall be incorporated into the permit.
(C) Amendments to the area of review are
subject to the permit modification requirements of Section
6 of this
Chapter.