(a) In seeking a waiver of the requirement to inject below the lowermost underground source of drinking water the storage operator shall submit to the commission a supplemental report concurrent with permit application under 20 AAC 25.1080. The supplemental report must include

1. (1) a demonstration that the injection zone is laterally continuous, is not an underground source of drinking water, and is not hydraulically connected to underground sources of drinking water; does not outcrop; has adequate injectivity, volume, and sufficient porosity to safely contain the injected carbon dioxide and formation fluid; and has appropriate geochemistry;
2. (2) a demonstration that the injection zone is bounded by laterally continuous, impermeable confining units above and below the injection zone adequate to prevent fluid movement and pressure buildup outside of the injection zone; and that the confining unit is free of transmissive faults and fractures; the report must further characterize the regional fracture properties and contain a demonstration that such fractures will not interfere with injection, serve as conduits, or endanger underground sources of drinking water;
3. (3) a demonstration, using computational modeling, that underground sources of drinking water above and below the injection zone will not be endangered as a result of fluid movement; this modeling should be conducted in conjunction with the area of review determination as described in 20 AAC 25.1070, and is subject to requirements under 20 AAC 25.1070(c), and periodic reevaluation, as set forth in 20 AAC 25.1070(e);
4. (4) a demonstration of how well design and construction, in conjunction with the waiver, will ensure isolation of the injectate in lieu of requirements under 20 AAC 25.1210(a)(1) and will meet well construction requirements under 20 AAC 25.1210;
5. (5) a description of how the monitoring and testing and any additional plans will be tailored to the storage facility to ensure protection of underground sources of drinking water above and below the injection zone, if a waiver is granted;
6. (6) information on the location of all the public water supplies affected, reasonably likely to be affected, or served by underground sources of drinking water in the area of review; and
7. (7) provide any other information requested by the commission that the United States Environmental Protection Agency's Regional Administrator requires to inform the Regional Administrator's decision to issue a waiver.

(b) To assist the United States Environmental Protection Agency's Regional Administrator's decision on whether to grant a waiver of the injection depth requirements, the commission will submit to the Regional Administrator, documentation of the following:

1. (1) an evaluation of the following information as it relates to siting, construction, and operation of a storage facility with a waiver; including

   1. (A) the integrity of the upper and lower confining units;
   2. (B) the suitability of the injection zone, including lateral continuity; lack of transmissive faults and fractures or knowledge of current or planned artificial penetrations into the injection zone or formations below the injection zone;
   3. (C) the potential capacity of the geologic formation to sequester carbon dioxide, accounting for the availability of alternative injection sites;
   4. (D) all other site characterization data, the proposed emergency and remedial response plan, and a demonstration of financial responsibility;
   5. (E) community needs, demands, and supply from drinking water resources;
   6. (F) planned needs, potential or future use of underground sources of drinking water and non-underground sources of drinking water in the area;
   7. (G) planned or permitted water, hydrocarbon, or mineral resource exploitation potential of the proposed injection formation and other formation above and below the injection zone to determine if there are any plans to drill through the formation to access resources in or beneath the proposed injection zone formation;
   8. (H) the proposed plan for securing alternative resources or treating an underground source of drinking water formation waters in the event of contamination related to the carbon storage injection activity; and,
   9. (I) any other applicable considerations or information requested by the commission, and any written information submitted by the Commissioner of the Department of Environmental Conservation;
2. (2) a summary of the commission's consultation with the Department of Environmental Conservation and any tribe having jurisdiction over lands within the area of review of a well for which a waiver is sought;
3. (3) any other applicable considerations or information requested by the commission.

(c) The commission will give public notice to the persons identified in 20 AAC 25.1150(c) that a waiver application has been submitted. The notice must clearly state:

1. (1) the depth of the proposed injection zone;
2. (2) the location of the Class VI well;
3. (3) the name and depth of all underground sources of drinking water within the area of review;
4. (4) a map of the area of review; the map may be provided through an electronic link;
5. (5) the names of any public water supplies affected, reasonably likely to be affected, or served by underground sources of drinking water in the area of review; and,
6. (6) the results of consultation with the Department of Environmental Conservation required under paragraph (b)(2) of this section.

(e) Upon receipt of a waiver, the storage operator shall comply with:

1. (1) all requirements at 20 AAC 25.1070, 20 AAC 25.1200, 20 AAC 25.1230, 20 AAC 25.1240, 20 AAC 25.1610, 20 AAC 25.1300 and 20 AAC 25.1260;

2. (2) all requirements at 20 AAC 25.1210 with the following modified requirements;

   1. (A) the storage operator shall ensure that a Class VI well with an injection depth waiver is constructed and completed to prevent movement of fluid into any unauthorized zones including underground sources of drinking water;
   2. (B) the casing and cementing program shall be designed to prevent the movement of fluid into an unauthorized zone including underground sources of drinking water in lieu of the requirements of 20 AAC 25.1210;
   3. (C) the surface casing must extend through the base of the nearest underground source of drinking water directly above the injection zone and be cemented to the surface; or, at the commission's discretion, another formation above the injection zone and below the nearest underground source of drinking water above the injection zone;

3. (3) all requirements at 20 AAC 25.1250, with the following modifications:

   1. (A) the storage operator shall monitor the groundwater quality, geochemical changes, and pressure in the first underground sources of drinking water immediately above and below the injection zone; and in any other formations at the discretion of the commission;
   2. (B) testing and monitoring to track the extent of the carbon dioxide plume and the presence or absence of elevated pressure, e.g., the pressure front, by using direct methods to monitor for pressure changes in the injection zone; and, indirect methods, e.g., seismic, electrical, gravity, or electromagnetic surveys or down-hole carbon dioxide detection tools, unless the commission determines, based on site-specific geology, that such methods are not appropriate;

4. (4) all requirements under 20 AAC 25.1310 with the following modified post-injection site care monitoring requirements:

   1. (A) the storage operator shall monitor the groundwater quality, geochemical changes and pressure in the first underground sources of drinking water immediately above and below the injection zone; and in any other formations at the discretion of the commission;
   2. (B) testing and monitoring to track the extent of the carbon dioxide plume and the presence or absence of elevated pressure, e.g., the pressure front, by using direct methods in the injection zone; and indirect methods, including, seismic, electrical, gravity, or electromagnetic surveys or down-hole carbon dioxide detection tools, unless the commission determines based on site-specific geology, that such methods are not appropriate; and
5. (5) any additional requirements requested by the commission designed to ensure protection of underground sources of drinking water above and below the injection zone.