Notice of Hearing on Proposed Administrative Regulations

A public hearing will be conducted at 10:00 a.m., January 6, 2010, at the Kansas Corporation Commission, 130 S. Market, Room 2078, Wichita, Kansas 67202, to consider the adoption of proposed permanent regulation K.A.R. 82-3-1117 for the underground storage and sequestration of CO₂.

The 60-day notice period from the date of this publication to the date of the public hearing constitutes a public comment period for the purpose of receiving written public comments on the proposed regulations. Comments may be submitted to John McCannon, Litigation Counsel, State Corporation Commission, Finney State Office Building, 130 S. Market, Room 2078, Wichita, Kansas, 67202; or to via electronic mail.

Any person requiring special accommodations under The Americans with Disabilities Act needs to give notice to the Commission at least ten (10) days prior to the scheduled hearing date.

Copies of the proposed regulation and the economic impact statement may be obtained from the Commission’s Office at 130 South Market, Room 2078, Wichita, Kansas 67202; or from the Commission website at http://kcc.ks.gov. Persons requesting a copy of the proposed regulation and economic impact statement, in accordance with K.S.A. 45-129, will be required to compensate the Commission for the cost of reproduction. All interested parties will be given a reasonable opportunity at the hearing to present their views orally or in writing in regard to the adoption of the proposed regulation.

All written or oral comments submitted by interested parties on or before January 6, 2010, will be considered by the Commission as a basis for making changes to these proposed permanent regulation.

The following is a brief summary of the proposed regulation and economic impact statement:

K.A.R. 82-3-1117. This regulation requires an application and approval by the Conservation Division for a post closure determination of the CO₂ storage facility. The regulation specifies the content of the application for a post closure determination. Upon approval of post closure status, the operator must plug any remaining monitor wells; the CO₂ storage facility permit will then be revoked. The CO₂ storage facility operator will remain responsible for any future remediation or monitoring activities that become necessary.

Economic Impact Statement: The amendment shifts post closure responsibility for any remediation or monitoring of the CO₂ storage facility from the State to the operator. The cost to the operator could be significant if any post closure remediation was required but those costs are so variable they cannot be accurately projected.