In accordance with Section 9-17-161 (g) of the Code of Alabama (1975), as amended, in considering approving a storage facility to be used for the storage and sequestration of carbon dioxide pursuant to this division, the Board shall consider both of the following:

1. 1. Any competing rights of all separately owned estates in lands potentially affected by the storage facility, giving due consideration of competing rights as to existing or future uses by pore space, surface, and mineral owners that may be affected.
   2. The distance of the storage facility from any current or future underground mining operation or other underground operation designed and operated for the extraction of minerals and the potential impact on the safety of these operations.

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.