Section 267-7-001 - STORAGE FACILITY PERMITAn application for a permit must include the following:
1. A site map showing the boundaries of the storage reservoir and the location of all proposed wells, proposed boreholes, and surface facilities within the carbon dioxide storage facility area;2. A technical geologic and hydrogeologic evaluation of the proposed storage facility, including:a. The immediate confining layer containment characteristics and all subsurface zones to be used for monitoring.b. 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 and stratigraphic features.c. The evaluation must describe the storage reservoir's mechanisms of geologic confinement, including rock properties, regional pressure gradients, structural features, and sorption characteristics with regard to the ability of that confinement to prevent migration of carbon dioxide beyond the proposed storage reservoir.d. The evaluation must also identify any productive existing or potential commercially valuable mineral zones occurring within the facility area and any underground sources of drinking water in the facility area and within 1/2 mile of its outside boundary. The evaluation must include exhibits and plan view maps showing the following: i) All wells, including water, oil, and natural gas exploration and development wells, and other manmade subsurface structures and activities, within the facility area and within 1/2 mile of its outside boundary;ii) All manmade surface structures that are intended for temporary or permanent human occupancy within the facility area and within 1/2 mile of its outside boundary;iii) Any regional or local faulting;iv) An isopach map of the storage reservoirs;v) An isopach map of the primary and any secondary containment barrier for the storage reservoir;vi) A structure map of the top and base of the storage reservoirs;vii) Identification of all structural spill points or stratigraphic discontinuities controlling the isolation of stored carbon dioxide and associated fluids within the storage reservoir;viii) Evaluation of the pressure front and the potential impact on underground sources of drinking water, if any;ix) Structural and stratigraphic cross sections and any renderings that describe the geologic conditions at the storage reservoir;x) 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;xi) 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 lithologic descriptions;xii) 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;xiii) Information on the seismic history, including the presence and depth of seismic sources and a determination that the seismicity would not interfere with containment;xiv) Geologic and topographic maps and cross sections illustrating regional geology, hydrogeology, and the geologic structure of the facility area;xv) 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 1/2 mile, or any other distance as 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 and structural cross sections indicating the 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 measured or inferred direction of water movement;(d) 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;(e) A list of contacts, submitted to the commission, when the area of review extends across state jurisdiction boundary lines;(f) Baseline geochemical data on subsurface formations, including all underground sources of drinking water in the area of review; and(g) Any additional information the commission may require.(4) The proposed calculated daily 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.(7) The proposed stimulation program, a description of stimulation fluids to be used, and a determination that stimulation will not interfere with containment.(8) A description of the site-specific processes that will result in carbon dioxide trapping, including immobilization by capillary trapping, dissolution, and mineralization at the site;(9) The predicted rate of carbon dioxide trapping in the immobile capillary phase, dissolved phase, or mineral phase;(10) Submitting a Class VI permit obtained from the applicable underground injection control program shall satisfy all of the requirements of subsections (1) through (9) of this section.(11) Demonstrations with respect to the storage reservoir that:(a) The storage operator has made a good-faith effort to obtain the consent of all persons who own reservoir estates within the storage reservoir;(b) The storage operator has obtained the consent of persons who own reservoir estates comprising at least sixty percent of the physical volume contained within the defined storage reservoir; and(c) All nonconsenting reservoir estate owners are or will be equitably compensated.(12) Operation of a geologic storage project shall require issuance of a Class VI permit by the applicable underground injection control program. Source: Laws 2021, LB650 $ 6
Effective Date: August 28, 2021
PERMIT FEE
1. Any person filing a permit application or an application to amend an existing permit shall pay a processing fee. The fee will be based on actual processing costs, including computer data processing costs, incurred by the commission. a. A record of all application processing costs incurred must be maintained by the commission.b. Promptly after receiving an application, the commission shall prepare and submit to the applicant an estimate of the processing fee and a payment billing schedule.c. After the commission's work on the application has concluded, a final statement will be sent to the applicant. The full processing fee must be paid before the commission issues its final decision on an application.d. The applicant must pay the processing fee regardless of whether a permit is issued or denied, or the application withdrawn.2. The commission has one year from the date an application is deemed complete to issue a final decision regarding the application.267 Neb. Admin. Code, ch. 7, § 001
Effective Date: August 28, 2021Adopted effective 7/27/2022