1. (1) As part of the permit application, the operator must provide the division with an emergency and remedial response plan that describes actions the operator must take to address movement of the injection or formation fluids that may cause an endangerment to a USDW during construction, operation, and post-injection site care periods. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit.

2. (2) If the operator obtains evidence that the injected carbon dioxide stream and associated pressure front may cause an endangerment to a USDW, the operator must:

   1. (a) Immediately cease injection;
   2. (b) Take all steps reasonably necessary to identify and characterize any release;
   3. (c) Notify the division within 24 hours; and
   4. (d) Implement the emergency and remedial response plan approved by the division.
3. (3) The division may allow the operator to resume injection prior to remediation if the operator demonstrates that the injection operation will not endanger USDWs.

4. (4) The operator shall review the emergency and remedial response plan developed under Subsection (1) at least once every five years. Based on this review, the operator shall submit an amended emergency and remedial response plan or demonstrate to the division that no amendment to the emergency and remedial response plan is needed. Any amendments to the emergency and remedial response plan must be approved by the division, must be incorporated into the permit, and are subject to the permit modification requirements Rule R644-7, as appropriate. Amended plans or demonstrations shall be submitted to the division as follows:

   1. (a) Within one year of an area of review reevaluation;
   2. (b) Following any significant changes to the CO2 Sequestration facility, such as addition of injection or monitoring wells, on a schedule determined by the division; or
   3. (c) When required by the division.

KEY: oil and gas law

Date of Last Change: July 31, 2025

Authorizing, and Implemented or Interpreted Law: 40-11-3