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 43-05-01-05 - Storage facility permit

Current through Supplement No. 393, July, 2024
1. An application for a permit must include
				the following:
a. A site map showing the
				boundaries of the storage reservoir and the location of all proposed wells,
				proposed cathodic protection boreholes, and surface facilities within the
				carbon dioxide storage facility area;
b. A technical evaluation of the proposed
				storage facility, including the following:
(1)
				The name, description, and average depth of the storage reservoirs;
(2) A geologic and hydrogeologic evaluation
				of the facility area, including an evaluation of all existing information on
				all geologic strata overlying the storage reservoir, including the immediate
				caprock containment characteristics and all subsurface zones to be used for
				monitoring. The evaluation must include any available geophysical data and
				assessments of any regional tectonic activity, local seismicity and regional or
				local fault zones, and a comprehensive description of local and regional
				structural or stratigraphic features. The evaluation must describe the storage
				reservoir's mechanisms of geologic confinement, including rock properties,
				regional pressure gradients, structural features, and adsorption
				characteristics with regard to the ability of that confinement to prevent
				migration of carbon dioxide beyond the proposed storage reservoir. The
				evaluation must also identify any productive existing or potential mineral
				zones occurring within the facility area and any underground sources of
				drinking water in the facility area and within one mile [1.61 kilometers] of
				its outside boundary. The evaluation must include exhibits and plan view maps
				showing the following:
(a) All wells,
				including water, oil, and natural gas exploration and development wells, and
				other manmade subsurface structures and activities, including coal mines,
				within the facility area and within one mile [1.61 kilometers] of its outside
				boundary;
(b) All manmade surface
				structures that are intended for temporary or permanent human occupancy within
				the facility area and within one mile [1.61 kilometers] of its outside
				boundary;
(c) Any regional or local
				faulting;
(d) An isopach map of the
				storage reservoirs;
(e) An isopach
				map of the primary and any secondary containment barrier for the storage
				reservoir;
(f) A structure map of
				the top and base of the storage reservoirs;
(g) Identification of all structural spill
				points or stratigraphic discontinuities controlling the isolation of stored
				carbon dioxide and associated fluids within the storage reservoir;
(h) Evaluation of the pressure front and the
				potential impact on underground sources of drinking water, if any;
(i) Structural and stratigraphic cross
				sections that describe the geologic conditions at the storage
				reservoir;
(j) The location,
				orientation, and properties of known or suspected faults and fractures that may
				transect the confining zone in the area of review, and a determination that
				they would not interfere with containment;
(k) Data on the depth, areal extent,
				thickness, mineralogy, porosity, permeability, and capillary pressure of the
				injection and confining zone, including facies changes based on field data,
				which may include geologic cores, outcrop data, seismic surveys, well logs, and
				names and litnologic descriptions;
(I) Geomechanical information on fractures,
				stress, ductility, rock strength, and in situ fluid pressures within the
				confining zone. The confining zone must be free of transmissive faults or
				fractures and of sufficient areal extent and integrity to contain the injected
				carbon dioxide stream;
(m)
				Information on the seismic history, including the presence and depth of seismic
				sources and a determination that the seismicity would not interfere with
				containment;
(n) Geologic and
				topographic maps and cross sections illustrating regional geology,
				hydrogeology, and the geologic structure of the facility area; and
(o) Identify and characterize additional
				strata overlying the storage reservoir that will prevent vertical fluid
				movement, are free of transmissive faults or fractures, allow for pressure
				dissipation, and provide additional opportunities for monitoring, mitigation,
				and remediation.
(3) A
				review of the data of public record, conducted by a geologist or engineer, for
				all wells within the facility area, which penetrate the storage reservoir or
				primary or secondary seals overlying the reservoir, and all wells within the
				facility area and within one mile [1.61 kilometers], or any other distances
				deemed necessary by the commission, of the facility area boundary. The review
				must include the following:
(a) A
				determination that all abandoned wells have been plugged and all operating
				wells have been constructed in a manner that prevents the carbon dioxide or
				associated fluids from escaping from the storage reservoir;
(b) A description of each well's type,
				construction, date drilled, location, depth, record of plugging, and
				completion;
(c) Maps and
				stratigraphic cross sections indicating the general vertical and lateral limits
				of all underground sources of drinking water, water wells, and springs within
				the area of review; their positions relative to the injection zone; and the
				direction of water movement, where known;
(d) Maps and cross sections of the area of
				review;
(e) A map of the area of
				review showing the number or name and location of all injection wells,
				producing wells, abandoned wells, plugged wells or dry holes, deep
				stratigraphic boreholes, state-approved or United States environmental
				protection agency-approved subsurface cleanup sites, surface bodies of water,
				springs, mines (surface and subsurface), quarries, water wells, other pertinent
				surface features, including structures intended for human occupancy, state,
				county, or Indian country boundary lines, and roads;
(f) A list of contracts, submitted to the
				commission, when the area of review extends across state jurisdiction boundary
				lines;
(g) Baseline geochemical
				data on subsurface formations, including all underground sources of drinking
				water in the area of review; and
(h) Any additional information the commission
				may require.
(4) The
				proposed calculated average and maximum daily injection rates, daily volume,
				and the total anticipated volume of the carbon dioxide stream using a method
				acceptable to and filed with the commission;
(5) The proposed average and maximum bottom
				hole injection pressure to be utilized at the reservoir. The maximum allowed
				injection pressure, measured in pounds per square inch gauge, shall be approved
				by the commission and specified in the permit. In approving a maximum injection
				pressure limit, the commission shall consider the results of well tests and
				other studies that assess the risks of tensile failure and shear failure. The
				commission shall approve limits that, with a reasonable degree of certainty,
				will avoid initiating a new fracture or propagating an existing fracture in the
				confining zone or cause the movement of injection or formation fluids into an
				underground source of drinking water;
(6) The proposed preoperational formation
				testing program to obtain an analysis of the chemical and physical
				characteristics of the injection zone and confining zone pursuant to section
				43-05-01-11.2;
(7) The proposed stimulation program, a
				description of stimulation fluids to be used, and a determination that
				stimulation will not interfere with containment; and
(8) The proposed procedure to outline steps
				necessary to conduct injection operations.
c. The extent of the pore space that will be
				occupied by carbon dioxide as determined by utilizing all appropriate geologic
				and reservoir engineering information and reservoir analysis, which must
				include various computational models for reservoir characterization, and the
				projected response of the carbon dioxide plume and storage capacity of the
				storage reservoir. The computational model must be based on detailed geologic
				data collected to characterize the injection zones, confining zones, and any
				additional zones;
d. An emergency
				and remedial response plan pursuant to section
				43-05-01-13;
e. A detailed worker safety plan that
				addresses carbon dioxide safety training and safe working procedures at the
				storage facility pursuant to section
				43-05-01-13;
f. A corrosion monitoring and prevention plan
				for all wells and surface facilities pursuant to section
				43-05-01-15;
g. A leak detection and monitoring plan for
				all wells and surface facilities pursuant to section
				43-05-01-14. The plan must:
(1) Identify the potential for release to the
				atmosphere;
(2) Identify potential
				degradation of ground water resources with particular emphasis on underground
				sources of drinking water; and
(3)
				Identify potential migration of carbon dioxide into any mineral zone in the
				facility area;
h. A leak
				detection and monitoring plan to monitor any movement of the carbon dioxide
				outside of the storage reservoir. This may include the collection of baseline
				information of carbon dioxide background concentrations in ground water,
				surface soils, and chemical composition of in situ waters within the facility
				area and the storage reservoir and within one mile [1.61 kilometers] of the
				facility area's outside boundary. Provisions in the plan will be dictated by
				the site characteristics as documented by materials submitted in support of the
				permit application but must:
(1) Identify the
				potential for release to the atmosphere;
(2) Identify potential degradation of ground
				water resources with particular emphasis on underground sources of drinking
				water; and
(3) Identify potential
				migration of carbon dioxide into any mineral zone in the facility
				area;
i. The proposed
				well casing and cementing program detailing compliance with section
				43-05-01-09;
j. An area of review and corrective action
				plan that meets the requirements pursuant to section
				43-05-01-05.1;
k. The storage operator shall comply with the
				financial responsibility requirements pursuant to section
				43-05-01-09.1;
l. A testing and monitoring plan pursuant to
				section 43-05-01-11.4;
m. A plugging plan that meets requirements
				pursuant to section
				43-05-01-11.5;
n. A postinjection site care and facility
				closure plan pursuant to section
				43-05-01-19; and
o. Any other information that the commission
				requires.