The North Dakota Oil and Gas Division has primary regulatory authority (Primacy) over Class VI injection well activities in the State of North Dakota.
On December 10, 2010, the EPA finalized federal requirements for the geologic storage of carbon dioxide under the authority of the federal Safe Drinking Water Act's Underground Injection Control (UIC) Program, creating a new class of injection well, Class VI.
These requirements, also known as the Class VI Rule, are designed to protect underground sources of drinking water based on the UIC Program regulatory framework with modifications to address the unique nature of carbon dioxide injection for the primary purpose of long-term storage.
The EPA is the acting regulatory authority in all States except those granted primacy.
Under the federal UIC program each State must apply for primacy by demonstrating, through application, to the EPA that its Class VI UIC Program (ND Century Code Chapter 38-22 and ND Administrative Code 43-05) is at least as stringent as the federal standards. On June 21, 2013, the official North Dakota Class VI primacy application was submitted.
North Dakota was granted primacy by the EPA of Class VI wells on April 24, 2018.
Class VI in North Dakota
CO2 Storage Facility Permit Requests:
- Applicant: Dakota Gasification Company
CO2 Storage Facility Permits Issued:
- Applicant: Minnkota Power Cooperative, Inc.
- Order 31583 – Minnkota Power Cooperative – Geologic storage of carbon dioxide, Broom Creek Formation, Oliver County
- Order 31584 – Minnkota Power Cooperative – Amalgamation of storage reservoir pore spacing, Broom Creek Formation, Oliver County
- Order 31585 – Minnkota Power Cooperative – Determination of financial responsibility for geologic storage of carbon dioxide, Broom Creek Formation, Oliver County
- Order 31586 – Minnkota Power Cooperative – Geologic storage of carbon dioxide, Deadwood Formation, Oliver County
- Order 31587 – Minnkota Power Cooperative – Amalgamation of storage reservoir pore spacing, Deadwood Formation, Oliver County
- Order 31588 – Minnkota Power Cooperative – Determination of financial responsibility for geologic storage of carbon dioxide, Deadwood Formation, Oliver County
- NDIC Case No. 29029 - Draft permit, fact sheet, and storage facility permit application
- NDIC Case No. 29032 - Draft permit, fact sheet, and storage facility permit application
- Applicant: Red Trail Energy LLC
- Order 31453 – Geological storage of carbon dioxide from Red Trail Energy
- Order 31454 – Amalgamation of the storage reservoir pore space/Red Trail Energy
- Order 31455 – Determination of financial responsibility/Red Trail Energy
- NDIC Case No. 28848 - Draft Permit, fact sheet, and storage facility permit application
Frequently Asked Questions
Class VI wells are used to inject carbon dioxide (CO2) into deep rock formations. Underground Injection Control (UIC) Class VI wells inject CO2 for long-term storage to reduce emissions to the atmosphere.
This long-term underground storage is called geologic sequestration (GS).
Geologic sequestration refers to technologies to reduce CO2 emissions to the atmosphere.
