Orders by the Board approving a storage facility are subject to review by the Board. Any interested person (e.g., the storage operator, local governments having jurisdiction over land within the area of review, and any person who has suffered or will suffer actual injury or economic damage) may petition the Board to review the storage facility approved by the Board for one of the reasons set forth below. All requests must be in writing and must contain facts or reasons supporting the request. If the Board determines that the request may have merit, the Board may, after notice and hearing, review the approval of the storage facility, the storage facility area. The Board may modify the storage facility, the plan for the storage facility, the area of review, or make such orders as the Board deems appropriate, including revoking the approval of the storage facility. The Board may at any time, particularly in considering a petition for reevaluation, enact the following:

1. 1. Changes to the storage facility area.
   2. Changes to the area of review.
   3. Injecting into a reservoir not specified in the Board order.
   4. Any increase greater than the permitted carbon dioxide storage volume.
   5. Changes in the chemical composition of the carbon dioxide stream;
   6. Amendment to the testing and monitoring plan.
   7. Amendment to the injection well plugging plan.
   8. Amendment to the post-injection site care and facility closure plan.
   9. Amendment to the emergency and remedial response plan.
   10. Review of monitoring and testing results conducted m accordance with injection well permit requirements;

   If the Board at any time receives information that was not available at the time of the hearing on the petition for the storage facility, the Board may modify orders of the Board.

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.