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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

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CO2 Storage Facility Permit Requests:

 

CO2 Storage Facility Permits Issued:

 

 

 

 

Class VI in North Dakota
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Frequently Asked Questions

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Frequently Asked Questions
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What is a Class VI well?

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.

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What is pore space?
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What is the life cycle of a carbon capture storage facility?
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Where can I find monthly injection volume reporting forms?

Storage facility operators must submit monthly reports (Form 26 and Form 26A) to report the volumes of carbon dioxide which have been stored in their facilities. Blank forms can be downloaded by using the links below. 

Reported injection volume information is not available through our subscription service at this time but can be requested by emailing oilandgasinfo@nd.gov

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What is the difference between a storage facility permit and Class VI injection well permit?

The permitting process in North Dakota is different from the federal permitting process. 

In North Dakota a storage facility permit (SFP) is approved first, by signed Industrial Commission orders, which authorize the creation of the storage facility area, the amalgamation of pore space, and financial responsibility requirements. These orders do not authorize injection into the storage facility area. The storage facility operator must still apply for a Class VI well permit once they have an approved SFP. Upon completion and testing of the well they are granted authorization to inject into the well by an approved NorthSTAR sundry.  

Information on permitting stratigraphic test wells and seismic projects can be found under Publications & Related Links.