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Class VI Primacy Application for the authority to regulate the Geologic Storage of Carbon Dioxide

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The Oil and Gas Division has submitted an application to the United States Environmental Protection Agency (USEPA) for primary regulatory authority (Primacy) over Class VI injection well activities in the State of North Dakota.  
On December 10, 2010 the USEPA finalized federal requirements for the geologic storage of carbon dioxide under the authority of the federal Safe Drinking Water Actís 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.  As of September 7, 2011 the USEPA is the acting regulatory authority in all States, including North Dakota.  Under the federal UIC program each State must apply for primacy by demonstrating, through application, to the USEPA that its Class VI UIC Program is at least as stringent as the federal standards.  

On June 21, 2013 the official North Dakota Class VI primacy application was submitted to the USEPA and is currently pending approval.

 
See Federal Register Public Notice http://www.gpo.gov/fdsys/pkg/FR-2013-08-09/pdf/2013-19376.pdf  

See primacy application http://www2.epa.gov/region8/north-dakotas-class-vi-primacy-application

 
   
   

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