SECTION 155:30-13-3. Geologic sequestration application requirements

(a)   In addition to the requirements in Subchapters 1 and 3 for applications, an application for the verification of geologic carbon sequestration shall include the following:

(1)   Resource management plan (RMP). An applicant shall provide an explanation of the activities that will increase sequestration of, or maintain sequestration of, carbon dioxide or its equivalent in the reservoir, and shall include a brief description of the following:

(A)   The source(s) of the carbon dioxide or equivalent that was injected or maintained;

(B)   The method used to capture the carbon dioxide or equivalent from the source(s); and

(C)   The purity level of the carbon dioxide contained in the stream of gas or in the supercritical fluid injected, and a statement indicating whether the applicant took that purity level into account when calculating the volume or weight of carbon dioxide for which verification is requested in the application.

(2)   UIC agency documents. An applicant shall provide clear and convincing proof that the project is authorized by and operating and monitored in accordance with applicable state and federal laws that protect underground sources of drinking water by providing written assurance on a designated form that any required UIC documents related to the project have been obtained by the applicant and are on file with the UIC agency. The Commission may also request copies of applicable UIC agency documents, which include the following:

(A)   UIC permit documents. These documents include any applicable permits, orders, licenses, exemptions, rights, or registrations.

(B)   UIC monitoring documents. These documents include:

(i)   Annual fluid injection report. This report shows the carbon dioxide or carbon dioxide equivalent volumes and pressures associated with the injection portion of the project were measured and reported in accordance with UIC agency rules. The Commission will request copies or written assurance that there is on file with the UIC agency the annual fluid injection report filed by the operator for each active injection well involved in the project during the calendar year for which verification is requested.

(ii)   Mechanical Integrity Test Report. This report demonstrates that the injection well(s) associated with the project have sufficient mechanical integrity in accordance with UIC agency rules. The Commission will request a copy or written assurance that there is on file with the UIC agency the most recent Mechanical Integrity Test reports performed before or during the calendar year for which verification is requested.

(3)   Annual carbon dioxide recovery and sequestration report.

(A)   An applicant shall report the amount of carbon dioxide or equivalent sequestered in geologic storage as a result of the project. On a form provided by or in a format approved by the Commission, an applicant shall record the metered volume of carbon dioxide (or its equivalent) injected and the metered volume recovered, if any, during any recovery portion of the project.

(B)   An applicant shall calculate and record in metric tons the total amount of carbon dioxide or its equivalent that was injected and not recovered by the project during the calendar year for which verification is requested.

(C)   The report shall contain an authorized signature.

(4)   List of prior certificates. An applicant shall include a list of each certificate or certificate number associated with all prior applications for verification submitted to the Commission related to the project.

(5)   Air emissions documents. When air quality permits are required by the project, an applicant shall provide proof that the project is authorized by and operating in accordance with applicable state and federal laws that protect air quality. The Commission will request written assurance that the applicant has obtained any required permits, orders, licenses, exemptions, rights, or registrations required by law issued to the applicant from the state air quality agency or any other governmental entity having jurisdiction over air emissions pertaining to the project during the calendar year for which verification is requested. The Commission may request copies of the aforementioned documents.

(b)   The Commission at its discretion may request additional information, within reason and relevant to the project, before approving an application.

[Source: (For information about related emergency rules, see Editor’s Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09]