020-24 Wyo. Code R. §§ 24-16 - Expansion to the Areal Extent of Existing Class II Injection Well Aquifer Exemptions for Class VI Injection Wells

(a) The owner or operator of a Class II enhanced oil recovery or enhanced gas recovery well that requests an expansion of the areal extent of an existing aquifer exemption for the exclusive purpose of Class VI injection for geologic sequestration shall define (by narrative description, illustrations, maps, or other means) and describe (in geographic and/or geometric terms such as vertical and lateral limits and gradient that are clear and definite) all aquifers or parts thereof that are requested to be designated as exempted using the criteria in subparagraphs (b)(i)(A)-(C) of this Section.

(b) The Administrator may consider a request from an owner or operator of permitted Class II injection well to convert its well to a Class VI well and expand the areal extent of the existing Class II enhanced oil recovery or enhanced gas recovery aquifer exemption for the exclusive purpose of Class VI injection for geologic sequestration.

(i) The Administrator may approve the request if the existing aquifer exemption and the well meet the following conditions:

(A) The groundwater does not currently serve as a source of drinking water;

(B) The total dissolved solids content of the groundwater is more than 3,000 mg/L and less than 10,000 mg/L; and

(C) The groundwater is not reasonably expected to supply a public water system.

(ii) The Administrator may evaluate a request to expand the areal extent of an aquifer exemption of a Class II enhanced oil recovery or enhanced gas recovery well for the purpose of Class VI injection if the Administrator:

(A) Determines that the request meets the criteria for exemptions in subparagraphs (b)(i)(A)-(C) of this Section;

(B) Determines that the proposed injection operation will not at any time endanger USDWs including non-exempted portions of the injection formation; and

(C) Considers, in making the determinations required by subparagraphs (b)(ii)(A)-(B) of this Section, the following:

(I) Current and potential future use of the USDWs to be exempted as drinking water resources;

(II) The predicted extent of the injected carbon dioxide plume, and any mobilized fluids that may result in degradation of water quality over the lifetime of the geologic sequestration project, as informed by computational modeling performed pursuant to Section 13(b)(i) of this Chapter;

(III) Whether the areal extent of the expanded aquifer exemption is of sufficient size to account for any possible revisions to the computational model during reevaluation of the area of review, pursuant to Section 13(c) of this Chapter; and

(IV) Any information submitted to support an injection depth waiver request pursuant to Section 15 of this Chapter.

(c) Approvals under this Section are not final until:

(i) The Administrator submits the request as a revision to the state-administered program under 40 C.F.R. Part 147 or as a substantial revision of a state program under 40 C.F.R. § 145.32; and

(ii) EPA approves the revision.

Notes

020-24 Wyo. Code R. §§ 24-16

Amended, Eff. 7/25/2016. Amended, Eff. 1/7/2020. Amended, Eff. 10/5/2021.