(a) These regulations shall apply to all Class VI wells used to inject carbon dioxide streams for the purpose of geologic sequestration.
(b) In addition, these regulations shall apply to owners and operators of Class I industrial, Class II, or Class V experimental or demonstration carbon dioxide injection projects who seek to apply for a Class VI geologic sequestration permit for their well or wells. - (i) Owners and/or operators of permitted Class I or Class V injection well(s) seeking to convert their well(s) to a Class VI well shall apply for a Class VI permit and shall demonstrate to the administrator that the well(s) was/were engineered and constructed to meet the requirements outlined in Section 9 of these regulations and ensure protection of USDWs, in lieu of requirements of Section 9(b) and Section 11(a) of this chapter.
- (A) By December 10, 2011, owners or operators of either Class I wells previously permitted for the purpose of geologic sequestration or Class V experimental technology wells no longer being used for experimental purposes that will continue injection of carbon dioxide for the purpose of geologic sequestration must apply for a Class VI permit.
- (ii) If the administrator determines that USDWs will not be endangered, such wells are exempt, at the administrator's discretion, from the casing and cementing requirements of Section 9(b)(i) through (vii) and Section 11(a)(i)(A) through (C).
(c) For owners and/or operators of permitted Class II injection well(s) seeking to convert their well(s) to a Class VI well, the following shall apply: - (i) An owner and/or operator of a Class II enhanced recovery well that injects carbon dioxide for the primary purpose of long term storage that results in an increased risk to a USDW as compared to enhanced oil recovery operations shall apply for a Class VI permit. The director's determination of primary purpose and increased risk to a USDW shall include, at a minimum, an evaluation of the following criteria:
- (A) Increase in reservoir pressure within the injection zone(s).
- (B) Increase in carbon dioxide injection rates.
- (C) Decrease in reservoir production rates.
- (D) Distance between the injection zone(s) and USDWs.
- (E) Suitability of the Class II area of review delineation.
- (F) Quality of abandoned well plugs within the area of review.
- (G) The owner's and/or operator's plan for recovery of carbon dioxide at the cessation of injection.
- (H) The source and properties of the injected carbon dioxide.
- (I) Any additional site-specific factors as determined by the administrator.
- (ii) An owner and/or operator may apply for a Class VI permit upon recommendation by the Oil and Gas Conservation Commission supervisor, or by the Commission, that regulation of a Class II enhanced recovery operation be transferred to the department.
- (iii) An owner and/or operator of a Class II enhanced recovery operation shall apply for a Class VI permit within thirty (30) days of receipt of written notice from the director that a Class VI permit is required.
(d) These regulations do not apply to the injection of any carbon dioxide stream that meets the definition of a hazardous waste.
020-24 Wyo. Code R. § 24-3