Section 43-05-01-05.1 - Area of review and corrective action1. The storage operator shall prepare, maintain, and comply with a plan to delineate the area of review for a proposed geologic sequestration project, periodically reevaluate the delineation, and perform corrective action that meets the requirements of this section and is acceptable to the commission. The requirement to maintain and implement a commission-approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. As a part of the storage facility permit application, the storage operator shall submit an area of review and corrective action plan that includes the following: a. The method for delineating the area of review, including the model to be used, assumptions that will be made, and the site characterization data on which the model will be based;b. A description of: (1) The reevaluation date, not to exceed five years, at which time the storage operator shall reevaluate the area of review;(2) The monitoring and operational conditions that would warrant a reevaluation of the area of review prior to the next scheduled reevaluation date;(3) How monitoring and operational data (e.g., injection rate and pressure) will be used to inform an area of review reevaluation; and(4) How corrective action will be conducted to meet the requirements of this section, including what corrective action will be performed prior to injection and what, if any, portions of the area of review will have corrective action addressed on a phased basis and how the phasing will be determined; how corrective action will be adjusted if there are changes in the area of review; and how site access will be guaranteed for future corrective action.2. The storage operator shall perform the following actions to delineate the area of review and identify all wells that require corrective action:a. Predict, using existing site characterization, monitoring and operational data, and computational modeling, the projected lateral and vertical migration of the carbon dioxide plume and its associated pressure front in the subsurface from the commencement of injection activities until the plume movement ceases, or until the end of a fixed time period as determined by the commission. The model must:(1) Be based on detailed geologic data collected to characterize the injection zone, confining zone, and any additional zones; and anticipated operating data, including injection pressures, rates, and total volumes over the proposed life of the geologic sequestration project;(2) Take into account any geologic heterogeneities, other discontinuities, data quality, and their possible impact on model predictions; and(3) Consider potential migration through faults, fractures, and artificial penetrations.b. Using methods approved by the commission, identify all penetrations, including active and abandoned wells and underground mines, in the area of review that may penetrate the confining zone. Provide a description of each well's type, construction, date drilled, location, depth, record of plugging and completion, and any additional information the commission may require; andc. Determine which abandoned wells have been plugged or operating wells have been constructed in the area of review in a manner that prevents the movement of the injected carbon dioxide or other fluids that may endanger underground sources of drinking water, including use of materials compatible with the carbon dioxide stream.3. The storage operator shall perform corrective action on all wells in the area of review that are determined to need corrective action, using methods designed to prevent the movement of fluid into or between underground sources of drinking water, including use of materials compatible with the carbon dioxide stream, where appropriate.4. At the reevaluation date, not to exceed five years, as specified in the area of review and corrective action plan, or when monitoring and operational conditions warrant, the storage operator shall:a. Reevaluate the area of review in the same manner specified in subdivision a of subsection 2;b. Identify all wells in the reevaluated area of review that require corrective action in the same manner specified in subsection 2;c. Perform corrective action on wells requiring corrective action in the reevaluated area of review in the same manner specified in subsection 3; andd. Submit an amended area of review and corrective action plan or demonstrate to the commission through monitoring data and modeling results that no amendment to the plan is needed. Any amendments to the plan are subject to the commission's approval, must be incorporated into the permit, and are subject to the permit modification requirements.5. The emergency and remedial response plan and the demonstration of financial responsibility must account for the area of review, regardless of whether or not corrective action in the area of review is phased.6. All modeling inputs and data used to support area of review delineations and reevaluations must be retained until project completion. Upon project completion, the storage operator shall deliver the records to the commission.N.D. Admin Code 43-05-01-05.1
General Authority: NDCC 28-32-02
Law Implemented: NDCC 38-22