16 Tex. Admin. Code § 5.207 - Reporting and Record-Keeping
(a)
Reporting requirements. The operator of a geologic storage facility must
provide, at a minimum, the following reports to the director and retain the
following information:
(1) Test records. The
operator must file a complete record of all tests in duplicate with the
district office within 30 days after the testing. In conducting and evaluating
the tests enumerated in this subchapter or others to be allowed by the
director, the operator and the director must apply methods and standards
generally accepted in the industry. When the operator reports the results of
mechanical integrity tests to the director, the operator must include a
description of any tests and methods used. In making this evaluation, the
director must review monitoring and other test data submitted since the
previous evaluation.
(2) Operating
reports. The operator also must include summary cumulative tables of the
information required by the reports listed in this paragraph.
(A) Report within 24 hours. The operator must
report the items listed in clauses (i) through (v) of this subparagraph to the
director and the appropriate district office orally as soon as practicable, but
within 24 hours of discovery, and in writing within five working days of
discovery. The written submission shall contain a description of the
noncompliance and its cause, the period of noncompliance, including exact dates
and times, and if the noncompliance has not been corrected, the anticipated
time it is expected to continue, and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The operator shall
report the following items:
(i) the discovery
of any significant pressure changes or other monitoring data that indicate the
presence of leaks in the well or the lack of confinement of the injected gases
to the geologic storage reservoir;
(ii) any evidence that the injected
CO2 stream or associated pressure front may cause an
endangerment to a USDW;
(iii) any
noncompliance with a permit condition, or malfunction of the injection system,
which may cause fluid migration into or between USDWs;
(iv) any triggering of a shut-off system
(i.e., down-hole or at the surface); and
(v) any failure to maintain mechanical
integrity.
(B) Report
within 30 days. The operator must report:
(i)
the results of periodic tests for mechanical integrity;
(ii) the results of any other test of the
injection well conducted by the operator if required by the director;
and
(iii) a description of any well
workover.
(C) Semi-annual
report. The operator must report:
(i) a
summary of well head pressure monitoring;
(ii) changes to the source as well as the
physical, chemical, and other relevant characteristics of the
CO2 stream from the proposed operating data;
(iii) monthly average, maximum and minimum
values for injection pressure, flow rate, temperature, and volume and/or mass,
and annular pressure;
(iv) monthly
annulus fluid volume added;
(v) a
description of any event that significantly exceeds operating parameters for
annulus pressure or injection pressure as specified in the permit;
(vi) a description of any event that triggers
a shutdown device and the response taken; and
(vii) the results of monitoring prescribed
under §
5.206(e) of this
title (relating to Permit Standards).
(D) Annual reports. The operator must submit
an annual report detailing:
(i) corrective
action performed;
(ii) new wells
installed and the type, location, number, and information required in §
5.203(e) of this
title (relating to Application Requirements);
(iii) re-calculated AOR unless the operator
submits a statement signed by an appropriate company official confirming that
monitoring and operational data supports the current delineation of the AOR on
file with the Commission;
(iv) the
updated area for which the operator has a good faith claim to the necessary and
sufficient property rights to operate the geologic storage facility;
(v) tons of CO2
injected; and
(vi) other
information as required by the permit.
(E) Annual updates. The operator must
maintain and update required plans in accordance with the provisions of this
subchapter.
(i) Operators must submit an
annual statement, signed by an appropriate company official, confirming that
the operator has:
(I) reviewed the monitoring
and operational data that are relevant to a decision on whether to reevaluate
the AOR and the monitoring and operational data that are relevant to a decision
on whether to update an approved plan required by §
5.203 or §
5.206 of this title; and
(II) determined whether any updates were
warranted by material change in the monitoring and operational data or in the
evaluation of the monitoring and operational data by the operator.
(ii) Operators must submit either
the updated plan or a summary of the modifications for each plan for which an
update the operator determined to be warranted pursuant to subclause (I) of
this clause. The director may require submission of copies of any updated plans
and/or additional information regarding whether or not updates of any
particular plans are warranted.
(3) The director may require the revision of
any required plan following any significant changes to the facility, such as
addition of injection or monitoring wells, on a schedule determined by the
director or whenever the director determines that such a revision is necessary
to comply with the requirements of this subchapter.
(b) Report format.
(1) The operator must report the results of
injection pressure and injection rate monitoring of each injection well on Form
H-10, Annual Disposal/Injection Well Monitoring Report, and the results of
internal mechanical integrity testing on Form H-5, Disposal/Injection Well
Pressure Test Report. Operators must submit other reports in a format
acceptable to the Commission. At the discretion of the director, other formats
may be accepted.
(2) The operator
must submit all required reports, submittals, and notifications under this
subchapter to the director and to the EPA in an electronic format approved by
the director and the Regional Administrator, respectively.
(c) Signatories to reports.
(1) Reports. All reports required by permits
and other information requested by the director, shall be signed by a person
described in §
5.203(a)(1)(B)
of this title, or by a duly authorized representative of that person. A person
is a duly authorized representative only if:
(A) the authorization is made in writing by a
person described in §
5.203(a)(1)(B)
of this title;
(B) the
authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well or a well field,
superintendent, or position of equivalent responsibility; and
(C) the written authorization is submitted to
the director.
(2) Changes
to authorization. If an authorization under paragraph (1) of this subsection is
no longer accurate because a different individual or position has
responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (1) of this subsection must be
submitted to the director prior to or together with any reports, information,
or applications to be signed by an authorized representative.
(d) Certification. All reports
required by permits and other information requested by the director under this
subchapter, shall be certified as follows: "I certify under penalty of law that
this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing
violations."
(e) Record retention.
(1) The operator must retain all data
collected under §
5.203 of this title for Class VI
permit applications throughout the life of the geologic sequestration project
and for 10 years following storage facility closure.
(2) The operator must retain data on the
nature and composition of all injected fluids collected pursuant to §
5.203(j)(2)(A)
of this title until 10 years after storage facility closure. The operator shall
submit the records to the director at the conclusion of the retention period,
and the records must thereafter be retained at the Austin headquarters of the
Commission.
(3) The operator must
retain all testing and monitoring data collected pursuant to the plans required
under §
5.203(j) of this
title, including wellhead pressure records, metering records, and integrity
test results, and modeling inputs and data used to support AOR calculations for
at least 10 years after the data is collected.
(4) The operator must retain well plugging
reports, post-injection storage facility care data, including data and
information used to develop the demonstration of the alternative post-injection
storage facility care timeframe, and the closure report collected pursuant to
the requirements of §
5.206(k)(6) and
(m) of this title for 10 years following
storage facility closure.
(5) The
operator must retain all documentation of good faith claim to necessary and
sufficient property rights to operate the geologic storage facility until the
director issues the final certificate of closure in accordance with §
5.206(k)(7) of
this title.
(6) The director has
authority to require the operator to retain any records required in this
subchapter for longer than 10 years after storage facility closure.
(7) The director may require the operator to
submit the records to the director at the conclusion of the retention period.
This agency hereby certifies that the rules as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Notes
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