(a) It is the operator's responsibility to make application for and obtain a permit in accordance with these regulations. Each application must be submitted with all supporting data.
(b) A complete application for a Class VI well shall include: - (i) A brief description of the nature of the business and the activities to be conducted that require the applicant to obtain a permit under this chapter.
- (ii) The name, address and telephone number of the operator, and the operator's ownership status and status as a Federal, State, private, public or other entity.
- (iii) Up to four SIC (Standard Industrial Classification) codes that best reflect the principal products or services provided by the facility.
- (iv) The name, address, and telephone number of the facility. Additionally, the location of the geologic sequestration project shall be identified by section, township, range and county, noting which, if any, sections include Indian lands.
- (v) Within the area of review, a listing and status of all permits or construction approvals associated with the geologic sequestration project received or applied for by the applicant under any of the following programs:
- (A) Hazardous Waste Management under the Resource Conservation and Recovery Act (RCRA).
- (B) UIC Program under the Safe Drinking Water Act.
- (C) National Pollutant Discharge Elimination System (NPDES) under the Clean Water Act.
- (D) Prevention of Significant Deterioration (PSD) program under the Clean Air Act.
- (E) National Emissions Standards for Hazardous Air Pollutants (NESHAPs) pre-construction approval under the Clean Air Act.
- (F) Dredge and fill permits under section 404 of the Clean Water Act.
- (G) Within the area of review, a list of other relevant permits, whether federal or state, associated with the geologic sequestration project that the applicant has been required to obtain, such as construction permits. This includes a statement as to whether or not the facility is within a state approved water quality management plan area, a state approved wellhead protection area or a state approved source water protection area.
- (vi) A map showing the injection well(s) for which a permit is sought and the applicable area of review, consistent with Section 8 of this chapter.
- (A) Within the area of review, the map must show the number, or name and location of all known injection wells, producing wells, abandoned wells, plugged wells or dry holes, deep stratigraphic boreholes, state or EPA approved subsurface cleanup sites, public drinking water supply wellhead or source water protection areas, surface bodies of water, springs, mines (surface and subsurface), quarries, water wells and other pertinent surface features including structures intended for human occupancy, state, tribal, and territory boundaries, and roads.
- (B) Only information of public record is required to be included on this map.
- (vii) A map delineating the area of review based upon modeling, using all available data including data available from any logging and testing of wells within and adjacent to the area of review;
- (A) A Class VI area of review shall never be less than the area of potentially affected groundwater.
- (B) All areas of review shall be legally described by township, range and section to the nearest ten (10) acres as described under the general land survey system.
- (viii) A description of the general geology of the area to be affected by the injection of carbon dioxide including geochemistry, structure and faulting, fracturing and seals, and stratigraphy and lithology including petrophysical attributes. The description shall also include sufficient information on the geologic structure and reservoir properties of the proposed storage site and overlying formations, including:
- (A) Isopach maps of the proposed injection and confining zone(s), a structural contour map aligned with the top of the proposed injection zone, and at least two geologic cross sections of the area of review reasonably perpendicular to each other and showing the geologic formations from the surface to total depth;
- (B) Location, orientation, and properties of known or suspected faults and fractures that may transect the confining zone(s) in the area of review and a determination that they would not interfere with containment;
- (C) Information on seismic history that have affected the proposed area of review including knowledge of previous seismic events and history of these events, the presence and depth of seismic sources, and a determination that the seismicity would not compromise containment;
- (D) Data sufficient to demonstrate the effectiveness of the injection and confining zone(s), including data on the depth, areal extent, thickness, mineralogy, porosity, vertical permeability and reservoir pressure of the injection and confining zone(s) within the area of review, and geologic changes based on field data which may include geologic cores, outcrop data, seismic surveys, well logs, capillary pressure tests and names and lithologic descriptions;
- (E) Geomechanical information on fractures, stress, ductility, rock strength, and in situ fluid pressures within the confining zone; and
- (F) Geologic and topographic maps and cross sections illustrating regional geology, hydrogeology, and the geologic structure of the local area.
- (ix) A compilation of all wells and other drill holes within, and adjacent (within 1 mile) to the area of review. Such data must include a description of each well and drill hole type, construction, date drilled, location, depth, record of plugging and/or completion, and any additional information the administrator may require.
- (A) Applicants shall also identify the location of all known wells within, and adjacent (within 1 mile) to the area of review that penetrate the confining or injection zone.
- (B) Applicants shall perform mapping with sufficient resolution as to make a comprehensive effort to identify wells that are not in the public record using aerial photography, aerial survey, physical traverse, or other methods acceptable to the administrator.
- (C) Applicants shall perform corrective action as specified in Section 8.
- (x) Maps and stratigraphic cross sections indicating the general vertical and lateral limits of all USDWs, the location of water wells and springs within the area of review, their positions relative to the injection zone(s), and the direction of water movement, where known;
- (xi) A characterization of the injection zone and aquifers above and below the injection zone which may be affected, including applicable pressure and fluid chemistry data to describe the projected effects of injection activities, and background water quality data which will facilitate the classification of any groundwaters which may be affected by the proposed discharge. This must include information necessary for the division to classify the receiver and any secondarily affected aquifers under Chapter 8, Wyoming Water Quality Rules and Regulations;
- (xii) Baseline geochemical data on subsurface formations, including all USDWs in the area of review.
- (xiii) Proposed operating data:
- (A) Average and maximum daily rate and volume and/or mass and total anticipated volume and/or mass of the carbon dioxide stream;
- (B) Average and maximum surface injection pressure;
- (C) The source of the carbon dioxide stream; and
- (D) An analysis of the chemical and physical characteristics of the carbon dioxide stream and any other substance(s) proposed for inclusion in the injectate stream; and
- (E) Anticipated duration of the proposed injection period(s).
- (xiv) The compatibility of the carbon dioxide stream with fluids in the injection zone and minerals in both the injection and the confining zone(s), based on the results of the formation testing program, and with the materials used to construct the well;
- (xv) An assessment of the impact to fluid resources, on subsurface structures and the surface of lands that may reasonably be expected to be impacted, and the measures required to mitigate such impacts;
- (xvi) Proposed formation testing program to obtain an analysis of the chemical and physical characteristics of the injection zone and confining zone and that meets the requirements of Section 11 of this chapter;
- (xvii) Proposed stimulation program, a description of stimulation fluids to be used and a determination that stimulation will not compromise containment;
- (A) All stimulation programs must be approved by the administrator as part of the permit application and incorporated into the permit.
- (xviii) Proposed procedure to outline steps necessary to conduct injection operation;
- (xix) A wellbore schematic of the subsurface construction details and surface wellhead construction of the injection and monitoring wells;
- (xx) Injection well design and construction procedures that meet the requirements of Section 9;
- (xxi) Proposed area of review and corrective action plan that meets the requirements under Section 8;
- (xxii) The status of corrective action on wells in the area of review;
- (xxiii) All available logging and testing program data on the well(s) required by Section 11;
- (xxiv) A demonstration of mechanical integrity pursuant to Section 13;
- (xxv) A demonstration, satisfactory to the administrator, that the applicant has met the financial responsibility requirements under Section 19;
- (xxvi) Proposed testing and monitoring plan required by Section 14;
- (xxvii) Proposed injection and monitoring well(s) plugging plan required by Section 16(b);
- (A) Where the plan meets the requirements of Section 16(b) of this chapter, the administrator shall incorporate it into the permit as a permit condition.
- (I) For purposes of this subparagraph, temporary or intermittent cessation of injection operations is not abandonment.
- (xxviii) Proposed post-injection site care plan required by Section 17(a);
- (xxix) At the administrator's discretion, a demonstration of an alternative post-injection site care timeframe required by Section 17 of this chapter;
- (xxx) Proposed emergency and remedial response plan required by Section 18;
- (xxxi) A site and facilities description, including a description of the proposed geologic sequestration facilities;
- (xxxii) Documentation sufficient to demonstrate that the applicant has all legal rights, including but not limited to the right to surface use, necessary to sequester carbon dioxide and associated constituents;
- (xxxiii) Proof of notice to surface owners, mineral claimants, mineral owners, lessees and other owners of record of subsurface interests as to the contents of such notice. Notice requirements shall at a minimum require:
- (A) The publishing of notice of the application in a newspaper of general circulation in each county of the proposed operation at weekly intervals for four (4) consecutive weeks; and
- (B) A copy of the notice shall also be mailed 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 as defined by W.S. 35-11-103(c)(xxi).
- (xxxiv) A list of contacts, submitted to the administrator, for those Tribes identified to be within the area of review of the Class VI project based on information provided in subparagraphs (b)(vi), (b)(vi)(A), and (b)(vi)(B) of this section; and
- (xxxv) Any other information requested by the administrator.
(c) The administrator shall notify, in writing, any Tribes within the area of review of the Class VI project based on information provided in subparagraphs (b)(vi), (b)(vi)(A), (b)(vi)(B), and (b)(xxxv) of this section.
(d) Prior to granting approval for the operation of a Class VI well, the administrator shall consider the following information: - (i) The final area of review based on modeling, using data obtained during logging and testing of the well and the formation as required by subparagraphs (b)(xiv), (b)(xvii), (b)(xxiii), and (b)(xxiv) of this section;
- (ii) Any relevant updates, based on data obtained during logging and testing of the well and the formation as required by subparagraphs (b)(xiv), (b)(xvii), (b)(xxiii), and (b)(xxiv) of this section, to the information on the geologic structure and hydrogeogeologic properties of the proposed storage site and overlying formations, submitted to satisfy the requirements of subparagraph (b)(viii) of this section;
- (iii) The results of the formation testing program as required in paragraph (b)(xvi) of this section;
- (iv) Final injection well construction procedures that meet the requirements of Section 9 of this chapter;
- (v) Any updates to the proposed area of review and corrective action plan, testing and monitoring plan, injection well plugging plan, post-injection site care and site closure plan, or the emergency and remedial response plan submitted under paragraph (a) of this section, which are necessary to address new information collected during logging and testing of the well and the formation as required by all paragraphs of this section, and any updates to the alternative post-injection site care timeframe demonstration submitted under paragraph (a) of this section, which are necessary to address new information collected during the logging and testing of the well and the formation as required by all paragraphs of this section; and
- (vi) Owners or operators seeking a waiver of the requirement to inject below the lowermost USDW must also refer to Section 10 of this chapter and submit a supplemental report, as required at Section 10(a). The supplemental report is not part of the permit application.
(e) An applicant applying for a Class VI well permit must obtain public liability insurance to cover the geologic sequestration activities for which a permit is sought. - (i) The public liability insurance shall be in addition to the financial assurance required in Section 19 of this chapter.
- (ii) The insurance policy shall provide for personal injury and property damage protection and shall be in place until a completion and release certificate has been obtained from the administrator certifying that plume stabilization has been achieved.
- (iii) The minimum insurance coverage for public liability insurance as required by W.S. § 35-11-313(f)(ii)(O) shall be five hundred thousand dollars ($500,000) for each occurrence of bodily injury or property damage, and one million dollars ($1,000,000) aggregate.
- (iv) The public liability insurance shall include a rider requiring that the insurer notify the administrator whenever substantive changes are made to the policy, including any termination or failure to renew.
- (v) Self-insurance in lieu of public liability insurance must meet state or federal requirements and be approved by the administrator.
(f) All applications for permits, reports, or information to be submitted to the administrator shall be signed by a responsible officer as follows: - (i) For a corporation - a responsible corporate officer means:
- (A) A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or
- (B) The manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
- (ii) For a partnership or sole proprietorship -- by a general partner or the proprietor, respectively;
- (iii) For a municipality, state, federal or other public agency -- by either the principal executive officer or ranking elected official.
(g) The application shall contain the following certification by the person signing the application:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(h) All data used to complete permit applications shall be kept by the applicant for for the life of the geologic sequestration project and for 10 years following site closure.
020-24 Wyo. Code R. § 24-5