1. (1) All rules of this chapter relating to Class VI wells apply to any wells used to inject carbon dioxide specifically for the purpose of geologic sequestration, i.e., the long-term containment of a gaseous, liquid, or supercritical carbon dioxide stream in subsurface geologic formations. Class VI requirements of this chapter shall only apply to carbon sequestration occurring through a permitted Class II well, as provided for in paragraphs (6), (8) and (9) of this rule.
2. (2) A permit for a Class VI well shall be issued for the operating life of the facility and the post-injection site care period. The Department shall review each issued Class VI well permit at least once every 5 years to determine whether it should be modified, revoked and reissued, terminated or a minor modification made.
3. (3) Construction of a new Class VI injection well is prohibited prior to the issuance of a permit which contains the construction requirements of 335-6-8-.18 and specific construction details approved by the Department in accordance with this chapter.

4. (4) Requirements prior to commencing injection. Injection may not begin through a permitted Class VI well until:

   1. (a) Modification of the Class VI UIC permit authorizing construction to authorize Class VI injection well operation pursuant to 335-6-8-.08. The Class VI operating permit shall include all applicable requirements of this chapter regarding Class VI wells, including but not limited to, area of review and area of review corrective action, operational requirements, maintenance of mechanical integrity, testing and monitoring, emergency and remedial response, plugging and abandonment and post-injection site care requirements for Class VI injection wells.
   2. (b) Final injection well construction procedures and details demonstrating compliance with the requirements of 335-6-8-.18 have been submitted to the Department;
   3. (c) All available logging and testing program data pursuant to the requirements of 335-6-8-.19 for a new Class VI injection well has been submitted to the Department;
   4. (d) Mechanical integrity of the Class VI well has been demonstrated to the satisfaction of the Department pursuant to 335-6-8-.21;
   5. (e) Any updates have been submitted to the Department for the proposed area of review and area of review corrective action plan, testing and monitoring plan, injection well plugging plan, post-injection site care and site closure plan, or the emergency and remedial response plan submitted under paragraph (1) of 335-6-8-.14, which are necessary to address new information collected during logging and testing of the Class VI injection well and the formation and any updates to the alternative post-injection site care timeframe demonstration submitted under paragraph (1) of 335-6-8-.14, which are necessary to address new information collected during the logging and testing of the Class VI injection well and the formation as required by 335-6-8-.19.
   6. (f) The Department has inspected or otherwise reviewed the new injection well and finds it is in compliance with the conditions of the permit. If the Department intends to inspect the well prior to authorizing injection operation, notice shall be given by the Department to the permittee.
   7. (g) Notification has been received by the Department from the permittee that all required area of review corrective actions have been completed in the Class VI well area of review;
   8. (h) Any other information has been submitted which the Department requests; and
   9. (i) The Department has given written authorization for injection operation to begin.
5. (5) The construction, operation or maintenance of any non-experimental Class V geologic sequestration well is prohibited.
6. (6) All rules of this chapter relating to Class VI wells also apply to owners or operators of Class II carbon dioxide injection wells or Class V experimental carbon dioxide injection wells who seek to apply for a Class VI geologic sequestration permit. Owners or operators seeking to convert existing Class II or Class V experimental wells to Class VI geologic sequestration wells must demonstrate to the Department that the wells were engineered and constructed to meet the requirements of 335-6-.18(1) and ensure protection of USDWs, in lieu of requirements of 335-6-.18(2) and 335-6-8-.19(1). A converted well must still meet all other requirements under 335-6-8-.18.
7. (7) By December 10, 2011, owners or operators of Class V geologic sequestration experimental technology wells no longer being used for experimental purposes that will continue injection of carbon dioxide for the purpose of geologic sequestration must apply for a Class VI permit.
8. (8) Owners or operators that are injecting carbon dioxide for the primary purpose of long-term storage into an oil and gas reservoir must apply for and obtain a Class VI geologic sequestration permit when there is an increased risk to USDWs compared to Class II operations and a Class VI permit is required. In determining if there is an increased risk to USDWs, the owner or operator must consider the factors specified in (9) below.

9. (9) The Department shall determine when there is an increased risk to USDWs compared to Class II operations and a Class VI permit is required. In order to make this determination the Department must consider the following:

   1. (a) Increase in reservoir pressure within the injection zone(s);
   2. (b) Increase in carbon dioxide injection rates;
   3. (c) Decrease in reservoir production rates;
   4. (d) Distance between the injection zone(s) and USDWs;
   5. (e) Suitability of the Class II area of review delineation;
   6. (f) Quality of abandoned well plugs within the area of review;
   7. (g) The owner’s or operator’s plan for recovery of carbon dioxide at the cessation of injection;
   8. (h) The source and properties of injected carbon dioxide; and
   9. (i) Any additional site-specific factors as determined by the Department.

Author: Sonja Massey

Statutory Authority: Code of Ala. 1975, §§22-22-9, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed August 22, 2011; effective September 26, 2011.