(a) A plan of development must include, based on data reasonably available at the time the plan is submitted for approval,
- (1) sufficient information for the commissioner to determine whether the plan is consistent with 11 AAC 84.1050(a), if applicable;
- (2) a detailed description of the proposed development activities for at least one year following submission of the plan;
- (3) long-range proposed development activities for the lease or unit, including plans to construct the carbon storage facility, secure and deliver supply of carbon dioxide, commence injection into reservoirs, delineate all underlying storage reservoirs in the lease or unit area, and when it becomes appropriate, prepare for, perform actions, and install equipment necessary for the post-injection monitoring period;
- (4) a description of the extent and migration path of existing carbon dioxide plumes within a storage reservoir, including projections and modeling of future plume dimensions based on expected injection volumes; and
- (5) the surface location of proposed facilities, drill pads, roads, docks, causeways, material sites, base camps, waste disposal sites, water supplies, airstrips, or other facilities necessary for operations.
- (b) The commissioner will approve a plan of development if it complies with (a) of this section and conforms with prior determinations issued under 11 AAC 84.1050(a) or 11 AAC 84.1015. If a proposed plan of development is disapproved, the commissioner may propose modifications that, if accepted by the lessee or unit operator within 20 days, would qualify the plan for approval.
- (c) After approval of a plan of development, the lessee or unit operator must submit an annual report to the commissioner that describes the operations conducted under the plan of development during the preceding year.
- (d) Not later than 90 days before expiration of an approved plan, the lessee or unit operator must submit an updated plan of development to the commissioner for approval. The update must describe the extent to which the requirements of the previously approved plan were achieved and if operations deviated from, or did not comply with, the previously approved plan. If operations deviated or did not comply, the update must include an explanation of the deviation or noncompliance. Not more than 10 days after receipt of an updated plan of development, the commissioner will inform the lessee or unit operator whether the proposed plan is complete. After the commissioner has determined that an updated plan of development is complete as submitted, or as modified by the lessee or unit operator following the commissioner's suggestions under (b) of this section, the commissioner will approve or disapprove the plan. If the commissioner does not take action on the plan within 60 days after informing the lessee or unit operator that the proposed plan is complete, the updated plan is approved.
- (e) The commissioner will approve an updated plan of development if the updated plan complies with (d) of this section and the provisions of 11 AAC 84.1050(a) or 11 AAC 84.1015. If the proposed update of a plan of development is disapproved, the commissioner may propose modifications that, if accepted by the lessee or unit operator within 20 days, would qualify the plan for approval.
- (f) A lessee or unit operator may, with the approval of the commissioner, amend an approved plan of development.
(Eff. 2/16/2025, Register 253)
Authority: AS 38.05.700, AS 38.05.725