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The Injection Connection: A Regulatory Framework for Geologic Sequestration of Anthropogenic Carbon...
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Transcript of The Injection Connection: A Regulatory Framework for Geologic Sequestration of Anthropogenic Carbon...
The Injection Connection: A Regulatory Framework for Geologic Sequestration of Anthropogenic Carbon Dioxide
2010 Diane PerkinsAll Rights Reserved
Geologic Sequestration of Anthropogenic Carbon Dioxide
The process of injecting CO2
captured from an emission source (such as a power plant or industrial facility) into deep subsurface rock formations for long-term storage.
Reay, Dave and Michael Pidwirny (Lead Authors); Jay Gulledge and Sidney Draggan (Topic Editors). 2010. "Carbon dioxide." In: Encyclopedia of Earth. Eds. Cutler J. Cleveland (Washington, D.C.: Environmental Information Coalition, National Council for Science and the Environment). [First published in the Encyclopedia of Earth September 27, 2006; Last revised January 3, 2010; Retrieved March 22, 2010]. <http://www.eoearth.org/article/Carbon_dioxide>
CO2/Temperature on the Rise
Kitchen, John, CO2 Research in the Institute for Advanced Energy Solutions, 6-24-10, www.cmu.edu/steinbrenner/.../co2-iaes-research-kitchin-steinbrenner-AM3.ppt
Sources of Anthropogenic Carbon Dioxide
U.S. Department of Energy, 2008, Carbon Sequestration Atlas of the United States and Canada, second edition; National Energy Technology Laboratory, Office of Fossil Fuels, p.17.
Why Geologic Sequestration Now?
CO2 designation as pollutant Greenhouse Gas Rule Class Action Litigation Pending Congressional legislation
CO2 Emission Reduction Solution that Rocks:
Geologic Sequestration is one solution to removing excess CO2 from the atmosphere.
Technically feasible CO2 stored/possibly recoverable for re-
use Geologic storage safely used for
storage of natural gas
And the process begins…..
EPA initiated series of technical workshops in 2005 through 2008 Reservoir Modeling and Simulation Risk Assessment Site Characterization for Storage State Regulators Workshop Well Construction and Mechanical
Integrity Geologic Setting and AOR
Considerations Measurement, Monitoring and
Verification
EPA also held:
Two stakeholder workshops (2007 and 2008)
A series of public webinars on financial responsibility
Two public hearings; one concerning a Notice of Data Availability (NODA) the other concerning proposed regulations.
EPA Proposed RulesJuly 25, 2008
o EPA proposed rules for geologic carbon sequestration under the Safe Drinking Water Act (SDWA), Underground Injection Control (UIC) Program.
EPA Working on Final Rule
Issued a Notice of Data Availability (NODA), August 2009-Key scientific research, pilot project findings and technical issues not addressed in 2008 proposed rule.
Final rule anticipated late 2010/early 2011.
Well Classed Class I- Inject hazardous wastes or
industrial non-hazardous, municipal wastewater beneath lowermost USDW
Class II-Inject fluids in connection with conventional oil or natural gas production
Class III-Mineral extraction
EPA proposal creates new class of injection well
Class IV-Inject hazardous or radioactive waste into or above USDW
Class V-All other wells that inject non-hazardous fluids above or below USDW, experimental technology wells
Class VI-Geologic Sequestration wells
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
UIC in Texas
Texas Commission on Environmental Quality (TCEQ) has primacy for Class I, III, IV and V wells.
Texas Railroad Commission (RRC) has primacy for Class II wells.
Texas Senate Bill 1387, 81st Legislature (Regular Session 2009) 9-1-2009
Texas RRC delegated jurisdiction over over the injection of anthropogenic carbon dioxide into productive formations and saline formations for the purpose of geological storage;
Requires RRC to develop rules;
Requires coordination with TCEQ;
Requires RRC, TCEQ and UT-BEG to report to legislature the appropriate agency to regulate long-term storage of carbon dioxide into non-oil, gas producing formations;
Texas Senate Bill 1387, 81st Legislature (Regular Session 2009)
Requires GLO, RRC, TCEQ and BEG to develop recommendations for managing geologic storage on state-owned lands; storage capacity, legal and regulatory frameworks;
Directs that the storage owner owns the anthropogenic CO2 in storage and authorizes the RRC to regulate the withdrawal of CO2;
Directs that RRC rules be “consistent” with USEPA and requires RRC to seek enforcement primacy for the program.
Why RRC?
History
Experience
Why RRC?
Enhanced oil and gas recovery operations will remain regulated as Class II wells.
RRC has extensive knowledge of oil and gas reservoirs in Texas (contained oil/water/gas for millions of years).
RRC proposed rules March 26, 2010
16 TAC Chapter 5 Comment period ended 4/26/2010
TCEQ Regulatory Role
TCEQ will review application; AoR, corrective action plans, monitoring requirements, post-injection site care plans.
Provide “impact” letter to RRC.
No specified timeframe review of application documents.
TCEQ Proposed Rules March 3, 2010
TCEQ created new Subchapter N in Chapter 331 to implement SB 1387.
Rule adopted 8/20/2010. Anticipated publication of final rule September 10,2010.
Foundation for EPA Proposed Rules
To develop Class VI proposed regulations, EPA used the Class I UIC (Hazardous Waste) regulations as a starting point.
But added rules that covered special considerations of: Large volumes of gas to be injected; Buoyancy of fluid; Viscosity (mobility) of gas; Corrosivity of CO2.
EPA punted question of whether anthropogenic CO2 is hazardous waste
: “EPA cannot make a categorical determination as to whether injected CO2 is hazardous under RCRA. Owner or operators will need to characterize their CO2 streams as part of their permit application…”
But CERLA……
Federally permitted releases (including SDWA-UIC) are exempted from CERCLA liability.
Permits must be “structured” so they do not “authorize” inappropriate hazardous releases. CO2 may contain hazardous substances,
i.e. mercury; CO2 may react with groundwater or
formation to form sulfuric acid or release heavy metals into solution.
EPA Proposed Rules
UIC Program Elements Site Characterization Area Of Review Well Construction Well Operation Site Monitoring Post-Injection Site Care Public Participation Financial Responsibility Site Closure
Site Characterization Basic requirements for Industrial UIC
Wells
Injection zone that can accept fluids Confining zone (system) above the
injection zone, that contains all fluids Owners and Operators submit
information on the following: Structure and stratigraphy Seismicity Baseline geochemistry
EPA Proposed Rules Director has discretion to require
identification of additional confining zones
Additional zones may be used for: Pressure dissipation Monitoring
Confining Zone
Injection Zone
USDWs
Area of Review (AoR)- The region surrounding the project that may be impacted by injection activity.
Basic requirements for Industrial UIC Wells Delineate the AoR (2 mile
radius); Identify and evaluate all
artificial penetrations and other features that may allow upward migration of fluids;
Plug and or remediate as appropriate.
EPA Proposed Rules Use computational modeling
to determine AoR radius; AoR reevaluation at a
minimum of every 10 years.
Well Construction
Basic requirements for Industrial UIC Wells Well components
engineered to ensure protection of USDWs Cased and cemented to
prevent movement of fluids into an USDW;
Surface casing and long string casing ;
Tubing and packer.
Annulus Packer
Tubing
Long-string casing
Cement
Wellhead
Surface casing
Well Construction (continued)
EPA Proposed Rules Inject below the lowermost USDW Long-string casing cemented in
place for entire length Surface casing installed and
cemented through the base of the lowermost USDW
Well materials must be compatible with injectate and formation fluids
Well Testing and Operation Basic requirements for Industrial UIC
Wells Procedures to ensure integrity of the well
before, during, and after injection Injection may not fracture injection
zone Monitor injection pressure, flow rate
and volumes, and the nature of the injected fluid
Perform mechanical integrity tests
EPA Proposed Rules Continuous internal well mechanical
integrity tests (MIT) and annual external MITs
Injection pressure should not exceed 90 percent of fracture pressure in the injection system
Site Monitoring
EPA Proposed Rules
Tracking of the plume movement and pressure front is required, but techniques, frequency, and spatial resolution are not specified;
Surface-air and soil-gas monitoring are at the Director’s discretion.
Post-Injection Site Care EPA Proposed Rule
Post-injection site care is set at 50 years; however, it may be modified with a demonstration that the plume has stabilized and the pressure has dissipated sufficiently
Well-plugging materials must be compatible with CO2 stream
Liability stays with the owner/operator
Public Participation
EPA Proposed Rule 30-day comment
period for permits following public notice
Preparation of a responsiveness summary for the public record
Financial Responsibility
Basic Requirements for Industrial UIC Wells Show financial responsibility for well
plugging, corrective action, and for nominal site closure care
EPA Proposed Rule Demonstrate and maintain financial
responsibility for post-injection site care, site closure, and emergency and remedial response
RRC Proposed Rules (Synopsis)16 TAC Chapter 5
RRC proposed rules are consistent with EPA’s but contain some elements that are more detailed than EPA’s proposed rules.
16 TAC 5.203- Application and Well Construction Specifics
AoR based on computational modeling for three periods. Five years after initiation of injection; Initiation of injection to end of injection; Initiation of injection to 10 years after
injection.
16 TAC 5.203-Well Construction
Requires used of technology (i.e. radial cement bond log) to verify radial integrity and location of cement to prevent endangerment of USDW.
Sampling plan for well construction (logging, sampling, testing) required.
RRC performance requirements vs. EPA specific tests (§146.87).
16 TAC 5.203 (h)- Mechanical Integrity
Section 5.203(h) requires: Injection well testing after any
workover that disturbs seal of tubing packer and casing
Well testing at least every five years Applicant must submit mechanical
integrity testing plan.
16 TAC 5.203(i)-Injection Pressure
“Maximum injection pressure is determined based on formation tensile failure and is set to avoid initiation or propagation of fractures in the confining zone.”
16 TAC 5.204- Public Notice
Requires use of website to post complete application;
Notice required for surface owners, groundwater conservation district, mineral leaseholders and surface leaseholders within ½ mile of outermost boundary of AoR.
Summary EPA Final Rules anticipated late
2010/early 2011; In Texas, RRC primary agency
for permitting Class VI wells with support from TCEQ;
RRC proposed rules similar to EPA’s but more stringent for certain rules;
RRC required to seek primacy for program from EPA.
Questions?
Cirrus Associates, LLC
Dallas Houston
1771 International Parkway Suite 107Richardson, Texas 75081(972) [email protected]
2010 Diane PerkinsAll Rights Reserved