(a) The owner and/or operator seeking a waiver of the requirement to inject below the lowermost USDW shall submit a supplemental report concurrent with the permit application. The report shall contain the following: - (i) A demonstration that the injection zone(s) is/are laterally continuous, is not a USDW, and is not hydraulically connected to USDWs; does not outcrop within the area of review; has adequate injectivity; volume, and sufficient porosity to safely contain the injected carbon dioxide and formation fluids; and has appropriate geochemistry.
- (ii) A demonstration that the injection zone(s) is/are bounded by laterally continuous, impermeable confining units above and below the injection zone(s) adequate to prevent fluid movement and pressure buildup outside of the injection zone(s); and that the confining unit(s) is/are free of transmissive faults and fractures. The report shall further characterize the regional fracture properties and contain a demonstration that the fractures will not interfere with injection, serve as conduits, or endanger USDWs.
- (iii) A computer model demonstrating that USDWs above and below the injection zone will not be endangered as a result of fluid movement. The modeling shall be done in conjunction with the area of review determination, as described in Section 8 of this chapter, and is subject to requirements, as described in Section 8(c) of this chapter, and periodic reevaluation, as described in Section 8(e) of this chapter.
- (iv) A demonstration that well design and construction, in conjunction with the waiver, will ensure isolation of the injectate in lieu of the requirements of Section 9(a)(i) and will meet the well construction requirements of paragraph (e) if this section.
- (v) A description of how the monitoring and testing and any additional plans will be tailored to this geologic sequestration project to ensure protection of USDWs above and below the injection zone.
- (vi) Information on the location of all public water supplies affected, reasonably likely to be affected, or served by USDWs in the area of review.
- (vii) Any other information requested by the administrator.
(b) To inform the EPA regional administrator's decision on whether to grant a waiver of the injection depth requirements of 40 CFR §§ 144.6, 146.5(f), and 146.86(a)(1), the administrator must submit, to the EPA regional administrator, documentation of the following: - (i) An evaluation of the following information as it relates to siting, construction, and operation of a geologic sequestration project with a waiver:
- (A) The integrity of the upper and lower confining units;
- (B) The suitability of the injection zone(s) (e.g., lateral continuity; lack of transmissive faults and fractures; knowledge of current or planned artificial penetrations into the injection zone(s) or formations below the injection zone);
- (C) The potential capacity of the geologic formation(s) to sequester carbon dioxide, accounting for the availability of alternative injection sites;
- (D) All other site characterization data, the proposed emergency and remedial response plan, and a demonstration of financial responsibility;
- (E) Community needs, demands, and supply from drinking water resources;
- (F) Planned needs, potential and/or future use of USDWs and non-USDWs in the area;
- (G) Planned or permitted water, hydrocarbon, or mineral resource exploitation potential of the proposed injection formation(s) and other formations both above and below the injection zone to determine if there are any plans to drill through the formation to access resources in or beneath the proposed injection zone(s)/formation(s);
- (H) The proposed plan for securing alternative resources or treating USDW formation waters in the event of contamination related to the Class VI injection activity; and,
- (ii) Any other applicable considerations or information requested by the administrator.
- (iii) Consultation with the Public Water System Supervision Directors of all States and Tribes having jurisdiction over lands within the area of review of a well for which a waiver is sought.
- (iv) Any written waiver-related information submitted by the Public Water System Supervision Director(s) to the (UIC) Director.
(c) Concurrent with the Class VI permit application public notice process, the administrator shall give public notice that an injection depth waiver request has been submitted. The notice shall clearly state: - (i) The depth of the proposed injection zone(s).
- (ii) The location of the injection wells.
- (iii) The name and depth of all USDWs within the area of review.
- (iv) A map of the area of review.
- (v) The names of any public water supplies affected, reasonably likely to be affected, or served by the USDWs in the area of review.
- (vi) The results of any consultation between the UIC program and the Public Water System Supervision program within the area of review.
(d) Following the injection depth waiver application public notice, the administrator of the Water Quality Division of the Department of Environmental Quality shall provide all the information received through the waiver application process to the US EPA regional administrator. Based on the information provided, the US EPA regional administrator shall provide written concurrence or non-concurrence regarding waiver issuance. - (i) If the US EPA regional administrator requires additional information to make a decision, the administrator of the Water Quality Division of the Department of Environmental Quality shall provide the information. The US EPA regional administrator may require public notice of the new information.
- (ii) In no case shall the administrator of a State-approved program issue a depth injection waiver without receipt of written concurrence from the US EPA Administrator.
(e) If an injection depth waiver is issued, within thirty (30) days of issuance, the EPA shall post the following information on the Office of Water's website: - (i) The depth of the proposed injection zone(s).
- (ii) The location of the injection wells.
- (iii) The name and depth of all USDWs within the area of review.
- (iv) A map of the area of review.
- (v) The names of any public water supplies affected, reasonably likely to be affected, or served by the USDWs in the area of review.
- (vi) The date of waiver issuance.
(f) Upon receipt of a waiver of the requirement to inject below the lowermost USDW for geologic sequestration, the owner or operator of a Class VI well must comply with the following: - (i) All requirements of Sections 8, 11, 12, 13, 15, 16, 18, and 19 of this chapter.
- (ii) All the requirements of Section 9 of this chapter with the following modified requirements:
- (A) The Class VI well shall be constructed and completed to prevent the movement of fluids into any unauthorized zones including USDWs, in lieu of requirements of Section 9(a)(1) of this chatper.
- (B) The casing and cementing program shall be designed to prevent the movement of fluids into any unauthorized zones including USDWs, in lieu of requirements of Section 9(b) and 9(b)(1) of this chapter.
- (C) The casing shall extend through the base of the nearest USDW directly above the injection zone and shall be cemented to the surface; or at the administrator's discretion, another formation above the injection zone and below the nearest USDW above the injection zone.
- (iii) All the requirements of Sections 14 and 17 of this chapter with the following modified requirements:
- (A) The owner or operator shall monitor the groundwater quality, geochemical changes, and pressure in the first USDWs immediately above and below the injection zone(s); and any other formation at the discretion of the administrator.
- (B) Testing and monitoring to track the extent of the carbon dioxide plume and the presence or absence of elevated pressure (e.g., the pressure front) by using direct methods to monitor for pressure changes in the injection zone(s); and, indirect methods (e.g., seismic, electrical, gravity, or electromagnetic surveys and/or down-hole carbon dioxide detection tools), unless the administrator determines, based on site-specific geology, that such methods are not appropriate.
- (iv) All requirements of Section 17 with the following, modified post-injection site care monitoring requirements:
- (A) The owner or operator shall monitor the groundwater quality, geochemical changes and pressure in the first USDWs immediately above and below the injection zone; and in any other formations at the discretion of the administrator.
- (B) Testing and monitoring to track the extent of the carbon dioxide plume and the presence or absence of elevated pressure (e.g., the pressure front) by using direct methods in the injection zone(s); and indirect methods (e.g., seismic, electrical, gravity, or electromagnetic surveys and/or down-hole carbon dioxide detection tools), unless the administrator determines based on site-specific geology, that such methods are not appropriate;
- (v) Any additional requirements requested by the administrator to ensure protection of USDWs above and below the injection zone(s).
020-24 Wyo. Code R. § 24-10