- 1. Operators of a proposed geologic storage facility for the storage of carbon dioxide shall petition the Board for approval of the storage facility. Upon the filing of such petition, the Board shall conduct a hearing after appropriate notice has been provided to all interested persons, and such hearing shall provide an opportunity for all interested parties to address the Board.
2. A Petition for approval of a geologic storage facility for the storage of carbon dioxide shall include the following:
a. A site map showing the boundaries of the storage facility showing the proposed storage facility area, the reservoir or reservoirs into which the carbon dioxide will be stored, the location of all proposed wells, proposed cathodic protection boreholes, and the surface facilities within the carbon dioxide storage facility area;
b. A description of the storage facility area;
c. A description of the area of review;
d. A technical evaluation of the proposed storage facility, including the following: i. The name, description, and average depth of the storage reservoir;
ii. A geologic and hydrogeologic evaluation of the proposed facility area, including an evaluation of all existing information on all geologic strata overlying the storage reservoir, including the immediate caprock containment characteristics and all subsurface zones to be used for monitoring. The evaluation must include any available geophysical data and assessments of any regional tectonic activity, local seismicity and regional or local fault zones, and a comprehensive description of local and regional structural or stratigraphic features. The evaluation must describe the storage reservoir's mechanisms of geologic confinement, including rock properties, regional pressure gradients, structural features, and adsorption characteristics with regard to the ability of that confinement to prevent migration of carbon dioxide beyond the proposed storage reservoir. The evaluation must also identify any productive existing or potential mineral zones occurring within the facility area and any underground sources of drinking water in the facility area and within one mile of the outside boundary. The evaluation must include exhibits showing the following:
- a. All wells, including water, oil, and natural gas exploration and development wells, and other manmade subsurface structures and activities, including coal mines, within the facility area and within one mile of its outside boundary;
b. All manmade surface structures that are intended for temporary or permanent human occupancy within the facility area and within one mile of its outside boundary;
c. Any regional or local faulting;
d. An isopach map of the storage reservoirs;
e. An isopach map of the primary and any secondary containment barrier for the storage reservoir;
f. A structure map of the top and base of the storage reservoir or reservoirs;
g. Identification of all structural spill points or stratigraphic discontinuities controlling the isolation of stored carbon dioxide and associated fluids within the storage reservoir;
h. Evaluation of the pressure front and the potential impact on underground sources of drinking water, if any;
i. Structural and stratigraphic cross sections that describe the geologic conditions at the storage reservoir;
j. The location, orientation, and properties of known or suspected faults and fractures that may transect the confining zone in the area of review, and a determination that they would not interfere with containment;
k. Data on the depth, areal extent, thickness, mineralogy, porosity, permeability, and capillary pressure of the injection and confining zone, including facies changes based on field data, which may include geologic cores, outcrop data, seismic surveys, well logs, and names and lithologic descriptions; geologic cores, outcrop data, seismic surveys, well logs, and names and lithologic descriptions;
l. Geomechanical information on fractures, stress, ductility, rock strength, and in situ fluid pressures within the confining zone. The confining zone must be free of transmissive faults or fractures and of sufficient areal extent and integrity to contain the injected carbon dioxide stream;
m. Information on the seismic history, including the presence and depth of seismic sources and a determination that the seismicity would not interfere with containment;
n. Geologic and topographic maps and cross sections illustrating regional geology, hydrogeology, and the geologic structure of the facility area;
o. Identification and characterization of additional strata overlying the storage reservoir that will prevent vertical fluid movement, are free of transmissive faults or fractures, allow for pressure dissipation, and provide additional opportunities for monitoring, mitigation, and remediation; and
p. Identification of any minerals in the storage facility area and within one mile of its outside boundary.
iii. A review of public records, conducted by a geologist or engineer, for all wells within the proposed storage facility area, which penetrate the storage reservoir or primary or secondary seals overlying the reservoir, and all wells within the proposed storage facility area and within one mile, or any other distance as deemed necessary by the Board of the facility area boundary. The review must include the following:
- a. A determination that all abandoned wells have been plugged and all operating wells have been constructed in a manner that prevents the carbon dioxide or associated fluids from escaping from the storage reservoir;
b. A description of each well's type, construction, date drilled, location, depth, record of plugging, and completion;
c. Maps and stratigraphic cross sections indicating the general vertical and lateral limits of all underground sources of drinking water, water wells, and springs within the area of review; their positions relative to the injection zone; and the direction of water movement, where known;
d. Maps delineating the area of review and cross sections of the proposed area of review, including the model used, assumptions made, and the site character data on which the model is based;
e. A map of the proposed area of review adjoining and surrounding the proposed storage facility area showing the number or name and location of all injection wells, producing wells, abandoned wells, plugged wells or dry holes, deep stratigraphic boreholes, subsurface cleanup sites approved by an agency of the State of Alabama or the USEPA , surface bodies of water, springs, mines (surface and subsurface), quarries, water wells, other pertinent surface features, including structures intended for human occupancy, state, or county boundary lines, and roads;
f. A list of contacts, submitted to the Board when the proposed area of review extends across state boundary lines;
g. Baseline geochemical data on subsurface formations, including all underground sources of drinking water in the proposed area of review;
h. Proposed special storage facilities rules, which include, inter alia, conditions placed on well permits; and
i. Any additional information that the Board may require.
iv. The proposed calculated average and maximum daily injection rates, daily volume, and the total anticipated volume of the carbon dioxide stream using a method acceptable to and filed with the Board;
v. The proposed average and maximum bottom hole injection pressure to be utilized at the reservoir. The maximum allowed injection pressure, measured in pounds per square inch gauge, shall be approved by the Board and specified in the permit. In approving a maximum injection pressure limit, the Board shall consider the results of well tests and other studies that assess the risks of tensile failure and shear failure. The Board shall approve limits that, with a reasonable degree of certainty, will avoid initiating a new fracture or propagating an existing fracture in the confining zone or cause the movement of injection or formation fluids into an underground source of drinking water;
vi. The proposed preoperational formation testing program to obtain an analysis of the chemical and physical characteristics of the injection zone and confining zone.
vii. The proposed stimulation program, a description of stimulation fluids to be used, and a determination that stimulation will not interfere with containment; and
viii. The proposed procedure outlining steps necessary to conduct injection operations.
e. The extent of the pore space that will be occupied by carbon dioxide as determined by utilizing all appropriate geologic and reservoir engineering information and reservoir analysis, which must include various computational models for reservoir characterization, and the projected response of the carbon dioxide plume and storage capacity of the storage reservoir. The computational model must be based on detailed geologic data collected to characterize the injection zones, confining zones, and any additional zones;
f. An emergency and remedial response plan.
g. A detailed worker safety plan that addresses carbon dioxide safety training and safe working procedures at the storage facility.
h. A corrosion monitoring and prevention plan for all wells and surface facilities.
i. A leak detection and monitoring plan for all wells and surface facilities. The plan must:
- i. Identify the potential for release to the atmosphere;
ii. Identify potential degradation of ground water resources with particular emphasis on underground sources of drinking water; and
iii. Identify potential migration of carbon dioxide into any mineral zone in the facility area.
j. A leak detection and monitoring plan to monitor any movement of the carbon dioxide outside of the storage reservoir. This may include the collection of baseline information of carbon dioxide background concentrations in ground water, surface soils, and chemical composition of in situ waters within the facility area and the storage reservoir and within one mile of the facility area's outside boundary. Provisions in the plan will be dictated by the site characteristics as documented by materials submitted in support of the permit application but must:
- i. Identify the potential for release to the atmosphere;
ii. Identify potential degradation of ground water resources with particular emphasis on underground sources of drinking water; and
iii. Identify potential migration of carbon dioxide into any mineral zone in the facility area.
- k. The proposed well casing and cementing program.
l. A corrective action plan.
m. A proposed financial responsibility plan.
n. A testing and monitoring plan.
o. A plugging plan that meets the Board’s requirements.
p. A post-injection site care and facility closure plan.
q. A sworn statement that petitioner has obtained the requisite percentage of rights of the owners of the storage facility area to store carbon dioxide within the storage facility area pursuant to Section 9-17-150 et seq. of the Code of Alabama (1975), as amended.
r. A storage facility plan to be implemented and followed after approval of the Board during the operation of the storage facility.
s. Proposed special storage facility rules.
t. Any other information that the Board may require. - 3. Any operator petitioning the Board to establish a storage facility for carbon dioxide shall pay a fee of One Hundred Thousand Dollars ($100,000.00). The petitioner must pay the fee regardless of whether the petition is withdrawn.
4. The Board shall have three (3) months from the date the hearing concludes to issue an order addressing the petition.
5. Approval of a petition to establish a storage facility does not convey any property rights or exclusive privilege to a storage facility operator.
Author: S. Marvin Rogers
Statutory Authority: 9-17-150 et seq. of the Code of Alabama (1975)
History: New Rule: Published November 27, 2024; effective January 11, 2025.