Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0011 - Water Quality
Chapter 24 - Class VI Injection Wells and Facilities Underground Injection Control Program
Section 24-24 - Post-injection Site Care and Site Closure
Universal Citation: WY Code of Rules 24-24
Current through September 21, 2024
(a) The owner or operator of a Class VI well shall prepare, maintain, update on the same schedule as the update to the area of review delineation, and comply with a plan for postinjection site care and site closure that meets the requirements of subparagraph (a)(ii) of this Section and is approved by the Administrator.
(i) The post-injection site care and site
closure plan is subject to approval by the Administrator in consultation with
EPA.
(ii) The post-injection site
care and site closure plan shall include the following information:
(A) A demonstration containing substantial
evidence that the geologic sequestration project will no longer pose a risk of
endangerment to USDWs and will not harm or present a risk to human health,
safety, or the environment at the end of the post-injection site care
timeframe. The demonstration shall be based on significant, site-specific data
and information, including all data and information collected pursuant to
Sections
10 and
12 of this Chapter;
(B) The site closure plan shall address all
reclamation, monitoring, and remediation sufficient to show that the carbon
dioxide stream injected into the geologic sequestration site will not harm
human health, safety, the environment, or drinking water supplies;
(C) Detailed plans for post-injection
monitoring, verification, maintenance, and mitigation;
(D) The pressure differential between
pre-injection and predicted postinjection pressures in the injection
zone;
(E) The predicted position of
the carbon dioxide plume and associated pressure front at the time when plume
movement has ceased and pressure differentials sufficient to cause the movement
of injected fluids or formation fluids into a USDW are no longer present, as
demonstrated in the area of review evaluation required under Section
13(b)(i) of this
Chapter;
(F) A description of
post-injection monitoring locations, methods, and proposed frequency;
(G) A proposed schedule for submitting
post-injection site care monitoring results pursuant to Section 22(c) of this
Chapter;
(H) The duration of the
post-injection site care timeframe that ensures compliance with subparagraph
(A) of this paragraph;
(I) The
results of computational modeling performed pursuant to delineation of the area
of review under Section
13 of this Chapter;
(J) The predicted timeframe for pressure
decline:
(I) Within the injection zone and any
other zones such that formation fluids may not be forced into any USDWs;
or
(II) To pre-injection
pressures;
(K) The
predicted rate of carbon dioxide plume migration within the injection zone, and
the predicted timeframe for the cessation of migration;
(L) A description of the site-specific
processes that will result in carbon dioxide trapping including immobilization
by capillary trapping, dissolution, and mineralization at the site;
(M) The predicted rate of carbon dioxide
trapping in the immobile capillary phase, dissolved phase, and mineral
phase;
(N) The results of
laboratory analyses, research studies, and field or site-specific studies to
verify the information required in subparagraphs (J) and (K) of this
paragraph;
(O) A characterization
of the confining zones including a demonstration that they are free of
transmissive faults, fractures, and micro-fractures and of appropriate
thickness, permeability, and integrity to impede fluid (including carbon
dioxide and formation fluids) movement;
(P) The presence of potential conduits for
fluid movement, including planned injection wells and project monitoring wells
associated with the proposed geologic sequestration project or any other
projects in proximity to the predicted or modeled final extent of the carbon
dioxide plume and area of elevated pressure;
(Q) A description of the well construction
and an assessment of the quality of plugs of all abandoned wells within the
area of review;
(R) The distance
between the injection zone and the nearest USDWs above and below the injection
zone; and
(S) Any additional
site-specific factors required by the Administrator.
(iii) Information submitted to support the
demonstration in subparagraph (a)(ii) of this Section shall meet the following
criteria:
(A) All analyses and tests performed
shall be accurate, reproducible, and performed in accordance with industry
standards;
(B) Estimation
techniques shall be appropriate;
(C) EPA-certified test protocols shall be
used where available;
(D)
Predictive models shall be appropriate and tailored to the site conditions,
composition of the carbon dioxide stream and injection, and site conditions
over the life of the geologic sequestration project;
(E) Predictive models shall be calibrated
using existing information (which may be obtained from Class I, Class II, Class
V experimental technology, or Class VI well sites) where sufficient data are
available;
(F) Reasonably
conservative values and modeling assumptions shall be used and disclosed to the
Administrator whenever values are estimated on the basis of known, historical
information instead of site-specific measurements;
(G) An analysis shall be performed to
identify and assess aspects of the post-injection site care timeframe
demonstration that contribute significantly to uncertainty. The owner or
operator shall conduct sensitivity analyses to determine the effect that
significant uncertainty may contribute to the modeling demonstration;
(H) An approved quality assurance and quality
control plan shall address all aspects of the demonstration; and
(I) Any additional criteria required by the
Administrator shall be met.
(iv) Upon cessation of injection, owners or
operators of Class VI wells shall either submit an amended post-injection site
care and site closure plan or demonstrate to the Administrator through
monitoring data and modeling results that no amendment to the plan is needed.
Any amendments to the post-injection site care and site closure plan shall be:
(A) Subject to approval by the
Administrator;
(B) Incorporated
into the permit; and
(C) Subject to
the permit modification requirements of Section
6 of this
Chapter.
(v) The owner
or operator may amend the post-injection site care and site closure plan. The
owner or operator shall re-submit the post-injection site care and closure plan
for the Administrator's approval within thirty (30) days of amending the
plan.
(vi) Upon receipt of the
Administrator's approval of the post-injection site care and site closure plan,
the owner or operator shall submit the proposed cost estimate for measurement,
monitoring, and verification of plume stabilization required by Section 26(i)
of this Chapter.
(b) The owner or operator shall monitor the site following the cessation of injection to ascertain the position of the carbon dioxide plume and pressure front and demonstrate that USDWs are not being endangered.
(i) The owner or operator shall continue to
conduct monitoring as specified in the Administrator-approved post-injection
site care and site closure plan until the Administrator certifies site closure
pursuant to Section 24(b)(iii) of this Chapter.
(ii) The owner or operator may request that
the post-injection site care and site closure plan be revised to reduce the
frequency of monitoring, and the Administrator may approve the request if the
owner or operator demonstrates that the plan should be revised.
(iii) Prior to certification of site closure,
the owner or operator shall demonstrate to the Administrator, based on
monitoring, other site-specific data, and modeling that is reasonably
consistent with site performance, that no additional monitoring is needed to
ensure that the geologic sequestration project does not, and is not expected to
endanger a USDW or otherwise threaten human health, safety, or the environment.
In addition, the owner or operator shall demonstrate, based on the best
available understanding of the site including monitoring data and modeling,
that all other site closure standards and requirements have been met.
(iv) If the owner or operator does not
demonstrate that the requirements of subparagraph (b)(iii) of this Section have
been met, the owner or operator shall continue postinjection site
care.
(v) The owner or operator
shall notify the Administrator, in writing, at least 120 days before filing a
request for site closure. At this time, if any changes have been made to the
original post-injection site care and site closure plan, the owner or operator
shall also provide the revised plan. The Administrator may allow a shorter
notice period.
(vi) Post-injection
site care shall continue for a period that meets the criteria of W.S. §
35-11-313(f)(vi)(F).
(c) After the Administrator has certified site closure, the owner or operator shall plug monitoring wells in a manner approved by the Administrator that will not allow movement of injection or formation fluids.
(d) The owner or operator shall submit a site closure report within ninety (90) days after completion of all closure operations. The report shall include:
(i) Documentation of injection and monitoring
well-plugging that meets the requirements of Section 23 of this Chapter and
paragraph (c) of this Section;
(ii)
A copy of a survey plat that has been submitted to the local zoning authority
designated by the Administrator, and:
(A) The
plat shall indicate the location of the injection well(s) and monitoring wells
relative to permanently surveyed benchmarks; and
(B) The owner or operator shall also submit a
copy of the plat to the US EPA Regional Administrator;
(iii) Documentation of appropriate
notification and information to the State, local and tribal authorities that
have authority over drilling activities to enable them to impose appropriate
conditions on subsequent drilling activities that may penetrate the injection
and confining zones;
(iv) Proof
that the owner or operator has:
(A) Published
notice of the application for site closure, including a mechanism to request a
public hearing, in a newspaper of general circulation in each county of the
proposed operation at weekly intervals for four (4) consecutive weeks;
and
(B) Mailed notice of the
application for site closure to all surface owners, mineral claimants, mineral
owners, lessees, and other owners of record of subsurface interests that are
located within one (1) mile of the proposed boundary of the geologic
sequestration site; and
(v) Records of the nature, composition, and
volume of the carbon dioxide stream.
(e) Each owner or operator of a Class VI injection well shall record a notation on the deed to the facility property or any other document that is normally examined during title search that will in perpetuity provide notice to any potential purchaser of the property, and shall file an affidavit in accordance with W.S. § 35-11-313(f)(vi)(G), that includes the following information:
(i) The
fact that land has been used to sequester carbon dioxide;
(ii) The name of the State agency, local
authority, or Tribe with which the survey plat was filed, as well as the
address of the EPA regional office to which it was submitted; and
(iii) The volume of fluid injected, the
injection zone or zones into which it was injected, and the period over which
injection occurred.
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