6/9/11

Implementation of the Final Underground Injection Control (UIC) Program Carbon Dioxide Geologic Sequestration (GS) Rule
Research Experience in Carbon Sequestration June 8, 2011 Birmingham, Alabama

Mary Rose Bayer, Geologist U.S. Environmental Protection Agency Office of Ground Water and Drinking Water Washington, D.C.

Presentation Overview
Background Class VI Rule:
Development Requirements Implementation

Resources and Information

6/9/11

Underground Injection Control Program

Background
1974 Safe Drinking Water Act (SDWA; Reauthorized in 1996)
Federal regulations for protection of Underground Sources of Drinking Water (USDWs) USDW defined:
Any aquifer or portion of an aquifer that contains water that is less than 10,000 ppm total dissolved solids or contains a volume of water such that it is a present, or viable future source for a Public Water Supply System

UIC Program regulates underground injection of all fluids liquid, gas, or slurry
Designation as a commodity does not change SDWA applicability Natural gas storage and some hydraulic fracturing exempted

Existing UIC program provides a regulatory framework (baseline) for the Geologic Sequestration (GS) of CO2
3

Underground Injection Control Program

Background
Class I Class II Class III Class V

6/9/11

Geologic Sequestration of Carbon Dioxide

CO2CRC 5

EPA s Class VI GS Rule Rule Development Schedule

Activity
Technical Workshops & Data Collection Stakeholder Meetings Proposed Rule Notice of Data Availability Response to Comments Finalized and Available Final UIC Class VI GS Rule Published

Timeframe
2005 2008 2007 - 2008 Published: July 25, 2008 Public Comment Period Closed Dec. 24, 2008 Published: August 31, 2009 Public Comment Period Closed Oct. 15, 2009 December 10, 2010 December 10, 2010

6/9/11

EPA s Class VI GS Rule

Tailored Program Elements
Special Considerations for GS
Large Volumes Buoyancy Viscosity (Mobility) Corrosivity

UIC Program Elements

Site Characterization Area of Review (AoR) Well Construction Well Operation Site Monitoring Post-Injection Site Care Public Participation Financial Responsibility Site Closure
7

Developed New Well Class for GS: Class VI

Class VI Rule Requirements

Includes tailored geologic site characterization requirements (40 CFR 146.82 and 146.83) Ensures (40 CFR 146.84): Delineation of the AoR using computational modeling Periodic re-evaluation of the AoR

6/9/11

Class VI Rule Requirements

Establishes standards for the construction and operation of Class VI wells (40 CFR 146.86 and 146.88): Construction with injectate-compatible materials Alarms and shutoff systems to prevent fluid movement into unintended zones Requires rigorous testing and monitoring of each GS project (40 CFR 146.89 and 146.90): Analysis of the CO2 stream Mechanical integrity testing of injection wells Ground water monitoring Tracking location of injected CO2 plume and area of elevated pressure
9

Class VI Rule Requirements

Clarifies and expands financial responsibility requirements (40 CFR 146.85) Ensures extended post-injection monitoring and site care (40 CFR 146.93) Accommodates injection at varied depths on a site-specific basis while ensuring that all USDWs are protected (40 CFR 146.95)
10

6/9/11

Class VI Rule Requirements

Includes considerations for wells transitioning from Class II to Class VI (40 CFR 144.19):
Increase in reservoir pressure within the injection zone(s) Increase in CO2 injection rates Decrease in reservoir production rates Distance between the injection zone(s) and USDWs Suitability of the Class II AoR Quality of abandoned well plugs within the AoR Owner or operator s plan for recovery of CO2 following cessation of injection The source and properties of the injected CO2 Additional site-specific factors at Director s discretion
11

Class VI Rule Requirements

Requires development, implementation, and periodic amendments of site-specific GS project plans to guide the operation of Class VI injection wells (40 CFR 146.84(b), 146.90, 146.92(b), 146.93(a), &146.94(a)):
Area of Review and corrective action plan Testing and monitoring plan Well plugging plan Post-injection site care and site closure plan Emergency and remedial response plan

Ensures public notice and comment on Class VI permit applications (40 CFR 124):
Engages and informs public Facilitates information sharing
12

6/9/11

Implementation
Schedule Class VI Primary Enforcement Responsibility (Primacy) Class VI Permitting Class VI Guidance Development Other Activities

13

EPA s Class VI GS Rule Implementation Schedule

Activity
Final UIC Class VI GS Rule Published Response to Comments Finalized and Available Implementation Workshops Guidance Development Coordination with States Coordination with Stakeholders Technical Webinars

Timeframe
December 10, 2010 December 10, 2010 January February 2011 May 2010 Present Ongoing Ongoing Beginning in 2011
14

6/9/11

Implementation Class VI Primacy

UIC Program primacy requirements are under Sections 1421, 1422, and 1425 of the SDWA Section 1422 applies to Class VI wells
The Class VI primacy application period started on December 10, 2010 with publication of the final rule The primacy application period is 270 days (ending on September 6, 2011)

States may
Apply for Class VI primacy independent of other well classes Submit an application or revision at any time Choose not to seek Class VI primacy wherein EPA will administer the program on the State s behalf

15

UIC Program Primacy

33 States have primary enforcement authority (primacy) for the UIC program; EPA and States share program implementation in 7 States; EPA directly implements the entire UIC Program in 10 states

16

6/9/11

Implementation Class VI Permitting

New wells: States with SDWA Section 1422 primacy are encouraged to issue permits under existing authorities (Class I and Class V) until September 2011 In States without Section 1422 Primacy, EPA is the permitting authority, but may only issue permits for GS projects under Class I or V authorities until September 2011 EPA encourages development of permits consistent with the Class VI requirements for ease of re-permitting Existing wells: Class I and Class V GS owners or operators must initiate the process to re-permit their wells as Class VI wells by December 10, 2011
17

Implementation Class VI Primacy and Permitting

Present September 6, 2011: States evaluate interest in applying for Class VI primacy States apply for primacy Permit applicants work with EPA and/or States After September 7, 2011: EPA implements the Class VI Program in States without Class VI primacy States may continue to submit primacy applications Permit applicants work with the state permitting authority where the state has received Class VI Program primacy and with EPA where the Class VI Program is directly implemented by EPA
18

6/9/11

Implementation Guidance Development

Finalized: Public Participation Fact Sheet Pending final website posting: Financial Responsibility Addressing public comments: Site Characterization Area of Review and Corrective Action Well Construction Project Plans Development

19

Implementation Guidance Development

In development: Testing and Monitoring Primacy and Implementation Manual Injection Well Plugging, Post-Injection Site Care, and Site Closure Class II Class VI Transition Injection Depth Waivers Reporting and Recordkeeping UICPG #83 Class V Experimental Technology Wells Update
20

10

6/9/11

Implementation Other Activities

Technical webinars on specific GS Class VI rule elements Cross-office and Environmental Justice coordination Office of Research and Development and Lawrence Berkeley National Laboratory GS workshop Stakeholder coordination through national meetings and conferences Follow-up as co-chair of the President s CCS Task Force

21

Resources and Information

To submit comments on guidance documents: GSRuleGuidanceComments@epa.gov (please include the guidance title in the email subject line) To learn more about EPA s work on Geologic Sequestration of Carbon Dioxide: http://water.epa.gov/type/groundwater/uic/ wells_sequestration.cfm To review rulemaking information in the rule docket: www.regulations.gov (i.d.: EPA-HQ-OW-2008-0390)
22

11