The storage operator shall include in its petition for approval of the storage facility an emergency and remedial response plan and a plan for worker safety. The plan must include, among other things, a list of contractors and vendors capable of addressing remedial work at the storage facility. Upon approval of the petition, the storage operator shall implement the emergency and remedial response plan and the plan for worker safety plan. This emergency and remedial response plan must include adequate emergency response and security procedures. The plan, including any revisions of the list of contractors and vendors, must be updated as necessary or as the Board requires. Copies of the plans must be available at the storage facility and at the storage operator's nearest operational office.

1. 1. The emergency and remedial response plan requires a description of the actions the storage operator shall take to address movement of the injection or formation fluids that may endanger an underground source of drinking water or natural resources during construction, operation, and post-injection site care periods. The plan must also include:

   1. a. The safety procedures concerning the facility and residential, commercial, and public land use within one mile, or any other distance set by the Board, of the outside boundary of the facility area;
      b. Contingency plans for addressing carbon dioxide leaks from any well, flow lines, or other facility, and loss of containment from the storage reservoir, and identify specific contractors and equipment vendors capable of providing necessary services and equipment to respond to such leaks or loss of containment; and
      c. A list of contractors and vendors capable of addressing remedial work at the storage facility.

2. 2. If the storage operator obtains evidence that the injected carbon dioxide stream and associated pressure front may endanger an underground source of drinking water or natural resources, the storage operator shall:

   1. a. Immediately cease injection;
      b. Take all steps reasonably necessary to identify and characterize any release;
      c. Notify the Board within twenty-four hours; and
      d. Implement the emergency and remedial response plan approved by the Board.

3. 3. The Board may allow the operator to resume injection prior to remediation if the storage operator demonstrates that the injection operation will not endanger underground sources of drinking water or natural resources.
   4. The storage operator shall review annually the emergency and remedial response plan developed under section 1 of this rule. Further, the storage operator shall submit to the Board by the end of each calendar year a written review of the status of the emergency and remedial response plan and the plan for worker safety. In this review, the storage operator shall include amended plans, if necessary, or a statement to the Board that no amendment to the plans are needed. Any amendments to the plans are subject to the Board 's approval, must be incorporated into the storage facility order of approval. The written review of the status of the plans shall be submitted to the Board as follows:

   1. a. Annually by the end of the calendar year;
      b. With any petition for reevaluation;
      c. Following any significant changes to the facility, such as addition of injection or subsurface observation wells, on a schedule determined by the Board; or
      d. As required by 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.