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74 FR 56374, Oct. 30, 2009, unless otherwise noted.
75 FR 75078, Dec. 1, 2010, unless otherwise noted.
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At 90 FR 21227, May 19, 2025, as required by the Congressional Review Act and Public Law 119-2, the Environmental Protection Agency removed the amendments to §§ 98.3 and 98.4 made effective on Jan. 17, 2025, at 89 FR 91163, Nov. 18, 2024. As of May 19, 2025, §§ 98.3 and 98.4 reverted to the Jan. 16, 2025 version.
(a) You must report under this subpart if any well or group of wells within your facility injects any amount of CO2 for long-term containment in subsurface geologic formations. There is no threshold.
(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 CO2 stream is not expected to migrate in the future in a manner likely to result in surface leakage.
(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.