Collapse to view only § 98.440 - Definition of the source category.
- § 98.440 - Definition of the source category.
- § 98.441 - Reporting threshold.
- § 98.442 - GHGs to report.
- § 98.443 - Calculating CO2 geologic sequestration.
- § 98.444 - Monitoring and QA/QC requirements.
- § 98.445 - Procedures for estimating missing data.
- § 98.446 - Data reporting requirements.
- § 98.447 - Records that must be retained.
- § 98.448 - Geologic sequestration monitoring, reporting, and verification (MRV) plan.
- § 98.449 - Definitions.
§ 98.440 - Definition of the source category.
(a) The geologic sequestration of carbon dioxide (CO
(b) This source category includes all wells permitted as Class VI under the Underground Injection Control program.
(c) This source category does not include a well or group of wells where a CO
(1) The owner or operator injects the CO
(2) The well is permitted as Class VI under the Underground Injection Control program.
(d) Exemption for research and development projects. Research and development projects shall receive an exemption from reporting under this subpart for the duration of the research and development activity.
(1) Process for obtaining an exemption. If you are a research and development project, you must submit the information in paragraph (d)(2) of this section to EPA by the time you would be otherwise required to submit an MRV plan under § 98.448. EPA will use this information to verify that the project is a research and development project.
(2) Content of submission. A submission in support of an exemption as a research and development project must contain the following information:
(i) The planned duration of CO
(ii) The planned annual CO
(iii) The research purposes of the project.
(iv) The source and type of funding for the project.
(v) The class and duration of Underground Injection Control permit or, for an offshore facility not subject to the Safe Drinking Water Act, a description of the legal instrument authorizing geologic sequestration.
(3) Determination by the Administrator.
(i) The Administrator shall determine if a project meets the definition of research and development project within 60 days of receipt of the submission of a request for exemption. In making this determination, the Administrator shall take into account any information you submit demonstrating that the planned duration of CO
(ii) Any appeal of the Administrator's determination is subject to the provisions of part 78 of this chapter.
(iii) A project that the Administrator determines is not eligible for an exemption as a research and development project must submit a proposed MRV plan to EPA within 180 days of the Administrator's determination. You may request one extension of up to an additional 180 days in which to submit the proposed MRV plan.
§ 98.441 - Reporting threshold.
(a) You must report under this subpart if any well or group of wells within your facility injects any amount of CO
(b) Request for discontinuation of reporting. The requirements of § 98.2(i) do not apply to this subpart. Once a well or group of wells is subject to the requirements of this subpart, the owner or operator must continue for each year thereafter to comply with all requirements of this subpart, including the requirement to submit annual reports, until the Administrator has issued a final decision on an owner or operator's request to discontinue reporting.
(1) Timing of request. The owner or operator of a facility may submit a request to discontinue reporting any time after the well or group of wells is plugged and abandoned in accordance with applicable requirements.
(2) Content of request. A request for discontinuation of reporting must contain either paragraph (b)(2)(i) or (b)(2)(ii) of this section.
(i) For wells permitted as Class VI under the Underground Injection Control program, a copy of the applicable Underground Injection Control program Director's authorization of site closure.
(ii) For all other wells, and as an alternative for wells permitted as Class VI under the Underground Injection Control program, a demonstration that current monitoring and model(s) show that the injected CO
(3) Notification. The Administrator will issue a final decision on the request to discontinue reporting within a reasonable time. Any appeal of the Administrator's final decision is subject to the provisions of part 78 of this chapter.
§ 98.442 - GHGs to report.
You must report:
(a) Mass of CO
(b) Mass of CO
(c) Mass of CO
(d) Mass of CO
(e) Mass of CO
(f) Mass of CO
(g) Mass of CO
(h) Cumulative mass of CO
§ 98.443 - Calculating CO2 geologic sequestration.
You must calculate the mass of CO
(a) You must calculate and report the annual mass of CO
(1) For a mass flow meter, you must calculate the total annual mass of CO
(2) For a volumetric flow meter, you must calculate the total annual mass of CO
(3) If you receive CO
(b) You must calculate and report the annual mass of CO
(1) If you are measuring the mass of contents in a container under the provisions of § 98.444(a)(2)(i), you must calculate the CO
(2) If you are measuring the volume of contents in a container under the provisions of § 98.444(a)(2)(ii), you must calculate the CO
(c) You must report the annual mass of CO
(1) If you use a mass flow meter to measure the flow of an injected CO
(2) If you use a volumetric flow meter to measure the flow of an injected CO
(3) To aggregate injection data for all wells covered under this subpart, you must sum the mass of all CO
(d) You must calculate the annual mass of CO
(1) For each gas-liquid separator for which flow is measured using a mass flow meter, you must calculate annually the total mass of CO
(2) For each gas-liquid separator for which flow is measured using a volumetric flow meter, you must calculate annually the total mass of CO
(3) To aggregate production data, you must sum the mass of all of the CO
(e) You must report the annual mass of CO
(f) You must report the annual mass of CO
(1) If you are actively producing oil or natural gas or if you are producing any other fluids, you must calculate the annual mass of CO
(2) If you are not actively producing oil or natural gas or any other fluids, you must calculate the annual mass of CO
§ 98.444 - Monitoring and QA/QC requirements.
(a) CO
(i) You may measure flow rate at the receiving custody transfer meter prior to any subsequent processing operations at the facility and collect the flow rate quarterly.
(ii) If you took ownership of the CO
(iii) If you inject CO
(2) Except as provided in paragraph (a)(4) of this section, you must determine the quarterly mass or volume of contents in all containers if you receive CO
(i) You may measure the mass of contents of containers summed quarterly using weigh bills, scales, or load cells.
(ii) You may determine the volume of the contents of containers summed quarterly.
(iii) If you took ownership of the CO
(3) Except as provided in paragraph (a)(4) of this section, you must determine a quarterly concentration of the CO
(i) You may sample the CO
(ii) If you took ownership of the CO
(iii) If you inject CO
(4) If the CO
(5) You must assume that the CO
(b) CO
(2) You must measure flow rate of CO
(3) You must sample the injected CO
(c) CO
(2) You must sample the produced gas stream at least once per quarter immediately upstream or downstream of the flow meter used to measure flow rate of that gas stream and measure the CO
(3) You must measure flow rate of gas produced with a flow meter and collect the flow rate quarterly.
(d) CO
(e) Measurement devices. (1) All flow meters must be operated continuously except as necessary for maintenance and calibration.
(2) You must calibrate all flow meters used to measure quantities reported in § 98.446 according to the calibration and accuracy requirements in § 98.3(i).
(3) You must operate all measurement devices according to one of the following. You may use an appropriate standard method published by a consensus-based standards organization if such a method exists or an industry standard practice. Consensus-based standards organizations include, but are not limited to, the following: ASTM International, the American National Standards Institute (ANSI), the American Gas Association (AGA), the American Society of Mechanical Engineers (ASME), the American Petroleum Institute (API), and the North American Energy Standards Board (NAESB).
(4) You must ensure that any flow meter calibrations performed are National Institute of Standards and Technology (NIST) traceable.
(f) General. (1) If you measure the concentration of any CO
(2) You must convert all measured volumes of CO
(3) For 2011, you may follow the provisions of § 98.3(d)(1) through (2) for best available monitoring methods only for parameters required by paragraphs (a) and (b) of § 98.443 rather than follow the monitoring requirements of paragraph (a) of this section. For purposes of this subpart, any reference to the year 2010 in § 98.3(d)(1) through (2) shall mean 2011.
§ 98.445 - Procedures for estimating missing data.
A complete record of all measured parameters used in the GHG quantities calculations is required. Whenever the monitoring procedures cannot be followed, you must use the following missing data procedures:
(a) A quarterly flow rate of CO
(1) Another calculation methodology listed in § 98.444(a)(1) must be used if possible.
(2) If another method listed in § 98.444(a)(1) cannot be used, a quarterly flow rate value that is missing must be estimated using a representative flow rate value from the nearest previous time period.
(b) A quarterly mass or volume of contents in containers received that is missing must be estimated as follows:
(1) Another calculation methodology listed in § 98.444(a)(2) must be used if possible.
(2) If another method listed in § 98.444(a)(2) cannot be used, a quarterly mass or volume value that is missing must be estimated using a representative mass or volume value from the nearest previous time period.
(c) A quarterly CO
(1) Another calculation methodology listed in § 98.444(a)(3) must be used if possible.
(2) If another method listed in § 98.444(a)(3) cannot be used, a quarterly concentration value that is missing must be estimated using a representative concentration value from the nearest previous time period.
(d) A quarterly quantity of CO
(e) For any values associated with CO
(f) The quarterly quantity of CO
(g) You must estimate the mass of CO
(h) You must estimate other missing data as required by your approved MRV plan.
§ 98.446 - Data reporting requirements.
In addition to the information required by § 98.3(c), report the information listed in this section.
(a) If you receive CO
(1) The total net mass of CO
(2) If a volumetric flow meter is used to receive CO
(i) The volumetric flow through a receiving flow meter at standard conditions (in standard cubic meters) in each quarter.
(ii) The volumetric flow through a receiving flow meter that is redelivered to another facility without being injected into your well (in standard cubic meters) in each quarter.
(iii) The CO
(3) If a mass flow meter is used to receive CO
(i) The mass flow through a receiving flow meter (in metric tons) in each quarter.
(ii) The mass flow through a receiving flow meter that is redelivered to another facility without being injected into your well (in metric tons) in each quarter.
(iii) The CO
(4) If the CO
(5) The standard or method used to calculate each value in paragraphs (a)(2) through (a)(3) of this section.
(6) The number of times in the reporting year for which substitute data procedures were used to calculate values reported in paragraphs (a)(2) through (a)(3) of this section.
(7) Whether the flow meter is mass or volumetric.
(8) A numerical identifier for the flow meter.
(b) If you receive CO
(1) The mass (in metric tons) or volume at standard conditions (in standard cubic meters) of contents in containers received in each quarter.
(2) The concentration of CO
(3) The mass (in metric tons) or volume (in standard cubic meters) of contents in containers that is redelivered to another facility without being injected into your well in each quarter.
(4) The net mass of CO
(5) The standard or method used to calculate each value in paragraphs (b)(1), (b)(2), and (b)(3) of this section.
(6) The number of times in the reporting year for which substitute data procedures were used to calculate values reported in paragraphs (b)(1) and (b)(2) of this section.
(c) If you use more than one receiving flow meter, report the total net mass of CO
(d) The source of the CO
(1) CO
(2) Electric generating unit.
(3) Ethanol plant.
(4) Pulp and paper mill.
(5) Natural gas processing.
(6) Gasification operations.
(7) Other anthropogenic source.
(8) Discontinued enhanced oil and gas recovery project.
(9) Unknown.
(e) Report the date that you began collecting data for calculating total amount sequestered according to § 98.448(a)(7) of this subpart.
(f) Report the following. If the date specified in paragraph (e) of this section is during the reporting year for this annual report, report the following starting on the date specified in paragraph (e) of this section.
(1) For each injection flow meter (mass or volumetric), report:
(i) The mass of CO
(ii) The CO
(iii) If a volumetric flow meter is used, the volumetric flow rate at standard conditions (in standard cubic meters) in each quarter.
(iv) If a mass flow meter is used, the mass flow rate (in metric tons) in each quarter.
(v) A numerical identifier for the flow meter.
(vi) Whether the flow meter is mass or volumetric.
(vii) The standard used to calculate each value in paragraphs (f)(1)(ii) through (f)(1)(iv) of this section.
(viii) The number of times in the reporting year for which substitute data procedures were used to calculate values reported in paragraphs (f)(1)(ii) through (f)(1)(iv) of this section.
(ix) The location of the flow meter.
(2) The total CO
(3) For CO
(i) The mass of CO
(ii) The mass of CO
(4) For each separator flow meter (mass or volumetric), report:
(i) CO
(ii) CO
(iii) If a volumetric flow meter is used, volumetric flow rate at standard conditions (standard cubic meters) in each quarter.
(iv) If a mass flow meter, mass flow rate (metric tons) in each quarter.
(v) A numerical identifier for the flow meter.
(vi) Whether the flow meter is mass or volumetric.
(vii) The standard used to calculate each value in paragraphs (f)(4)(ii) through (f)(4)(iv) of this section.
(viii) The number of times in the reporting year for which substitute data procedures were used to calculate values reported in paragraphs (f)(4)(ii) through (f)(4)(iv) of this section.
(5) The entrained CO
(6) Annual CO
(7) For each leakage pathway through which CO
(i) A numerical identifier for the leakage pathway.
(ii) The CO
(8) Annual CO
(9) Annual CO
(10) Cumulative mass of CO
(11) Date that the most recent MRV plan was approved by EPA and the MRV plan approval number that was issued by EPA.
(12) An annual monitoring report that contains the following components:
(i) A narrative history of the monitoring efforts conducted over the previous calendar year, including a listing of all monitoring equipment that was operated, its period of operation, and any relevant tests or surveys that were conducted.
(ii) A description of any changes to the monitoring program that you concluded were not material changes warranting submission of a revised MRV plan under § 98.448(d).
(iii) A narrative history of any monitoring anomalies that were detected in the previous calendar year and how they were investigated and resolved.
(iv) A description of any surface leakages of CO
(13) If a well is permitted under the Underground Injection Control program, for each injection well, report:
(i) The well identification number used for the Underground Injection Control permit.
(ii) The Underground Injection Control permit class.
(14) If an offshore well is not subject to the Safe Drinking Water Act, for each injection well, report any well identification number and any identification number used for the legal instrument authorizing geologic sequestration.
§ 98.447 - Records that must be retained.
(a) You must follow the record retention requirements specified by § 98.3(g). In addition to the records required by § 98.3(g), you must retain the records specified in paragraphs (a)(1) through (7) of this section, as applicable. You must retain all required records for at least 3 years.
(1) Quarterly records of CO
(2) Quarterly records of produced CO
(3) Quarterly records of injected CO
(4) Annual records of information used to calculate the CO
(5) Annual records of information used to calculate the CO
(6) Annual records of information used to calculate the CO
(7) Any other records as specified for retention in your EPA-approved MRV plan.
(b) You must complete your monitoring plans, as described in § 98.3(g)(5), by April 1 of the year you begin collecting data.
§ 98.448 - Geologic sequestration monitoring, reporting, and verification (MRV) plan.
(a) Contents of MRV plan. You must develop and submit to the Administrator a proposed MRV plan for monitoring, reporting, and verification of geologic sequestration at your facility. Your proposed MRV plan must contain the following components:
(1) Delineation of the maximum monitoring area and the active monitoring areas. The first period for your active monitoring area will begin from the date determined in your MRV plan through the date at which the plan calls for the first expansion of the monitoring area. The length of each monitoring period can be any time interval chosen by you that is greater than 1 year.
(2) Identification of potential surface leakage pathways for CO
(3) A strategy for detecting and quantifying any surface leakage of CO
(4) A strategy for establishing the expected baselines for monitoring CO
(5) A summary of the considerations you intend to use to calculate site-specific variables for the mass balance equation. This includes, but is not limited to, considerations for calculating CO
(6) If a well is permitted under the Underground Injection Control program, for each injection well, report the well identification number used for the Underground Injection Control permit and the Underground Injection Control permit class. If the well is not yet permitted, and you have applied for an Underground Injection Control permit, report the well identification numbers in the permit application. If an offshore well is not subject to the Safe Drinking Water Act, for each injection well, report any well identification number and any identification number used for the legal instrument authorizing geologic sequestration. If you are submitting your Underground Injection Control permit application as part of your proposed MRV plan, you must notify EPA when the permit has been approved. If you are an offshore facility not subject to the Safe Drinking Water Act, and are submitting your application for the legal instrument authorizing geologic sequestration as part of your proposed MRV plan, you must notify EPA when the legal instrument authorizing geologic sequestration has been approved.
(7) Proposed date to begin collecting data for calculating total amount sequestered according to equation RR-11 or RR-12 of this subpart. This date must be after expected baselines as required by paragraph (a)(4) of this section are established and the leakage detection and quantification strategy as required by paragraph (a)(3) of this section is implemented in the initial AMA.
(b) Timing. You must submit a proposed MRV plan to EPA according to the following schedule:
(1) You must submit a proposed MRV plan to EPA by June 30, 2011 if you were issued a final Underground Injection Control permit authorizing the injection of CO
(2) You must submit a proposed MRV plan to EPA within 180 days of receiving a final Underground Injection Control permit authorizing the injection of CO
(3) If you are injecting a CO
(4) If EPA determines that your proposed MRV plan is incomplete, you must submit an updated MRV plan within 45 days of EPA notification, unless otherwise specified by EPA.
(c) Final MRV plan. The Administrator will issue a final MRV plan within a reasonable period of time. The Administrator's final MRV plan is subject to the provisions of part 78 of this chapter. Once the MRV plan is final and no longer subject to administrative appeal under part 78 of this chapter, you must implement the plan starting on the day after the day on which the plan becomes final and is no longer subject to such appeal.
(d) MRV plan revisions. You must revise and submit the MRV plan within 180 days to the Administrator for approval if any of the following in paragraphs (d)(1) through (d)(4) of this section applies. You must include the reason(s) for the revisions in your submittal.
(1) A material change was made to monitoring and/or operational parameters that was not anticipated in the original MRV plan. Examples of material changes include but are not limited to: Large changes in the volume of CO
(2) A change in the permit class of your Underground Injection Control permit.
(3) If you are notified by EPA of substantive errors in your MRV plan or monitoring report.
(4) You choose to revise your MRV plan for any other reason in any reporting year.
(e) Revised MRV plan. The requirements of paragraph (c) of this section apply to any submission of a revised MRV plan. You must continue reporting under your currently approved plan while awaiting approval of a revised MRV plan.
(f) Format. Each proposed MRV plan or revision and each annual report must be submitted electronically in a format specified by the Administrator.
(g) Certificate of representation. You must submit a certificate of representation according to the provisions in § 98.4 at least 60 days before submission of your MRV plan, your research and development exemption request, your MRV plan submission extension request, or your initial annual report under this part, whichever is earlier.
§ 98.449 - Definitions.
Except as provided below, all terms used in this subpart have the same meaning given in the Clean Air Act and subpart A of this part.
Active monitoring area is the area that will be monitored over a specific time interval from the first year of the period (n) to the last year in the period (t). The boundary of the active monitoring area is established by superimposing two areas:
(1) The area projected to contain the free phase CO
(2) The area projected to contain the free phase CO
CO
Equipment leak means those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.
Expected baseline is the anticipated value of a monitored parameter that is compared to the measured monitored parameter.
Maximum monitoring area means the area that must be monitored under this regulation and is defined as equal to or greater than the area expected to contain the free phase CO
Research and development project means a project for the purpose of investigating practices, monitoring techniques, or injection verification, or engaging in other applied research, that will enable safe and effective long-term containment of a CO
Separator means a vessel in which streams of multiple phases are gravity separated into individual streams of single phase.
Surface leakage means the movement of the injected CO
Underground Injection Control permit means a permit issued under the authority of Part C of the Safe Drinking Water Act at 42 U.S.C. 300h et seq.
Underground Injection Control program means the program responsible for regulating the construction, operation, permitting, and closure of injection wells that place fluids underground for storage or disposal for purposes of protecting underground sources of drinking water from endangerment pursuant to Part C of the Safe Drinking Water Act at 42 U.S.C. 300h et seq.
Vented emissions means intentional or designed releases of CH