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 43-05-01-12 - Modification, revocation, and reissuance or terminationof permits

Current through Supplement No. 393, July, 2024
1.
				Permits are subject to review by the commission. Any interested person (i.e.,
				the storage operator, local governments having jurisdiction over land within
				the area of review, and any person who has suffered or will suffer actual
				injury or economic damage) may request that the commission review permits
				issued under this chapter for one of the reasons set forth below. All requests
				must be in writing and must contain facts or reasons supporting the request. If
				the commission determines that the request may have merit or at the
				commission's initiative for one or more of the reasons set forth below, the
				commission may review the permit. After review, the commission may modify or
				revoke a permit. Permits may be modified or revoked and reissued when the
				commission determines one of the following events has occurred:
a. Changes to the facility area;
b. Injecting into a reservoir not specified
				in the permit;
c. Any increase
				greater than the permitted carbon dioxide storage volume;
d. Changes in the chemical composition of the
				carbon dioxide stream;
e. Area of
				review reevaluations under subdivision a of subsection 4 of section
				43-05-01-05.1;
f. Amendment to the testing and monitoring
				plan under subdivision j of subsection 1 of section
				43-05-01-11.4;
g. Amendment to the injection well plugging
				plan under subsection 3 of section
				43-05-01-11.5;
h. Amendment to the postinjection site care
				and facility closure plan under subsection 3 of section
				43-05-01-19;
i. Amendment to the emergency and remedial
				response plan under subsection 4 of section
				43-05-01-13;
j. Review of monitoring and testing results
				conducted in accordance with injection well permit requirements;
k. The commission receives information that
				was not available at the time of permit issuance. Permits may be modified
				during their terms for this cause only if the information was not available at
				the time of permit issuance (other than revised regulations, guidance, or test
				methods) and would have justified the application of different permit
				conditions at the time of issuance;
l. The standards or regulations on which the
				storage facility permit was based have been changed by promulgation of new or
				amended standards or regulations or by judicial decision after the permit was
				issued;
m. The commission
				determines good cause exists for modification of a compliance schedule, such as
				an act of God, strike, flood, or materials shortage or other events over which
				the storage operator has little or no control and forwhich there is no
				reasonably available remedy; or
n.
				There are material and substantial alterations or additions to the permitted
				facility or activity which occurred after permit issuance which justify the
				application of permit conditions that are different or absent in the existing
				permit.