(b) The storage operator shall prepare, maintain, and comply with a plan to delineate the area of review for a proposed storage facility, periodically reevaluate the delineation, and perform corrective action that meets the requirements of this section and is acceptable to the commission. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the storage facility permit. As a part of the permit application, the storage operator shall submit an area of review and corrective action plan that includes the following information:

1. (1) the method for delineating the area of review that meets the requirements of paragraph (c) of this section, including the model to be used, assumptions that will be made, and the site characterization data on which the model will be based;

2. (2) a description of

   1. (A) the minimum fixed frequency, not to exceed five years, at which the storage operator proposes to reevaluate the area of review;
   2. (B) the monitoring and operational conditions that would warrant a reevaluation of the area of review prior to the next scheduled reevaluation as determined by the minimum fixed frequency established in (b)(2)(A) of this section.
   3. (C) how monitoring and operational data, including the injection rate and pressure, will be used to inform an area of review reevaluation; and
   4. (D) how corrective action will be conducted to meet the requirements of paragraph (d) of this section, including what corrective action will be performed prior to injection and what, if any, portions of the area of review will have corrective action addressed on a phased basis and how the phasing will be determined; how corrective action will be adjusted if there are changes in the area of review; and how site access will be guaranteed for future corrective action.

(c) The storage operator shall perform the following actions to delineate the area of review and identify all wells that require corrective action:

1. (1) predict, using existing site characterization, monitoring and operational data, and computational modeling, the projected lateral and vertical migration of the carbon dioxide plume and formation fluid in the subsurface from the commencement of injection activities until the plume movement ceases, until pressure differentials sufficient to cause the movement of injected fluid or formation fluid into a underground sources of drinking water are no longer present, or until the end of a fixed time period as determined by the commission; the model must:

   1. (A) be based on detailed geologic data collected to characterize the injection zone, confining zone, and any additional zones; and anticipated operational data, including injection pressures, rates, and total volumes over the proposed life of the storage facility;
   2. (B) take into account any geologic heterogeneities, other discontinuities, data quality, and their possible impact on model predictions; and
   3. (C) consider potential migration through faults, fractures, and artificial penetrations;
2. (2) using methods approved by the commission, identify all penetrations, including active and abandoned wells and underground mines, in the area of review that may penetrate the confining zone; provide a description of each well's type, construction, date drilled, location, depth, record of plugging or completion, and any additional information the commission may require; and
3. (3) determine which abandoned wells in the area of review have been plugged in a manner that prevents the movement of carbon dioxide or other fluid that may endanger underground sources of drinking water, including use of materials compatible with the carbon dioxide stream.

(e) At the minimum fixed frequency, not to exceed five years, as specified in the area of review and corrective action plan, or when monitoring and operational conditions warrant, the storage operator shall:

1. (1) reevaluate the area of review in the same manner specified in (c)(1) of this section;
2. (2) identify all wells in the reevaluated area of review that require corrective action in the same manner specified in (c) of this section;
3. (3) perform corrective action on wells requiring corrective action in the reevaluated area of review in the same manner specified in (d) of this section; and
4. (4) submit an amended area of review and corrective action plan or demonstrate to the commission through monitoring data and modeling results that no amendment to the area of review and corrective action plan is needed; any amendments to the area of review and corrective action plan must be approved by the commission, must be incorporated into the permit, and are subject to the permit modification requirements at 20 AAC 25.1410 or 20 AAC 25.1430, as appropriate.