Chapter 400-8-1

Underground injection of carbon dioxide for geologic storage that causes or allows movement of fluid into an underground source of drinking water is prohibited. No storage operator shall construct, operate, maintain, convert, plug, abandon, or conduct any injection activity in a …

Any underground injection of carbon dioxide for the purpose of geologic storage, except into a storage facility approved by the Board, is prohibited. Furthermore, any underground injection of carbon dioxide for the purpose of geologic storage, except into a well authorized by wel…

The rules set forth in Rule 400-8-1.01 et seq. shall govern the geologic storage of carbon dioxide. (1) In addition to the rules and regulations governing underground storage of carbon dioxide set forth in Rule 400-8-1-.01, et seq., the Rules and Regulations of the State Oil and …

An operator proposing to convert an enhanced recovery unit or project to geologic storage shall petition the Board for approval of such conversion to geologic storage. In considering the Petition, the Board shall ensure that the proposed geologic storage operation does not cause …

The Board may, on the petition by an operator or on the Board’s own motion, after notice and hearing, approve a designated aquifer that otherwise is defined as an underground source of drinking water (an aquifer containing fewer than 10,000 milligrams per liter (mg/L) total disso…

An operator of a storage facility may apply to convert an existing oil and gas well to an injection well or other well to be utilized for the purpose of geologic storage of carbon dioxide. In such cases, the operator must demonstrate that the well is constructed in a manner that …

All owners, operators, drilling contractors, drillers, service companies, or other persons engaged in drilling, completing, operating, or servicing geologic storage facilities shall keep appropriate records covering their operations in order to make and substantiate the reports r…

The Board and the Board’s authorized agents shall have access to all storage facility records. All owners, operators, drilling contractors, drillers, service companies, or other persons engaged in drilling, completing, operating, or servicing storage facilities shall allow the Bo…

Pursuant to Section 9-17-162 of the Code of Alabama (1975), as amended: 1. A storage operator shall make a good faith effort to obtain the consent of all persons that own a storage facility’s pore space and storage rights for carbon dioxide.2. A storage operator shall obtain the …

Pursuant to Section 9-17-162 (6) of the Code of Alabama (1975), as amended, a storage operator shall use commercially reasonable efforts to limit the adverse surface-use impact upon the lands of non-consenting owners of a storage facility’s pore space and storage rights.

Pursuant to Section 9-17-162 (7) of the Code of Alabama (1975), as amended, a storage operator seeking approval to operate in the Blue Creek or Mary Lee coal seams in Jefferson, Tuscaloosa, or Walker Counties or within a 10-mile radius of any coal mine operation shall obtain the …

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 p…

The Board shall hold a public hearing before approving a storage facility. 1. At least fifty days prior to the hearing, the petitioner shall give notice of the hearing to the following: a. Each operator of mineral extraction activities within the facility area and within one-half…

Prior to commencing injection, the operator shall petition the Board to request approval to inject. The storage operator shall pay a filing fee of Fifteen Thousand Dollars ($15,000.00) for a petition for approval to inject. The requirements for notice of the petition shall be the…

The storage facility operator shall present and the Board shall review all new data obtained during the construction, drilling, and testing of wells drilled in considering the petition for approval to inject. The storage facility operator shall submit the following information to…

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. Any competin…

After the Board has approved a petition or approved the storage facility plan, and the petition for approval to inject, the storage operator shall implement the plan for the storage facility and commence injection.

In connection with the boundaries of the storage facility area and area of review, the storage operator shall perform the following actions: 1. Predict, using existing site characterization, monitoring and operational data, and computational modeling, the projected lateral and ve…

1. The storage operator shall perform corrective action on all wells in the storage facility and in the area of review that are determined to need corrective action, using methods designed to prevent the movement of fluid into or between underground sources of drinking water, inc…

1. The storage operator shall petition the Board within five years of the initial injection of the storage facility to reevaluate the storage facility initially approved by the Board. The storage operator shall pay a filing fee of Fifteen Thousand Dollars ($15,000.00) for a petit…

1. All proposals for Change of Operator of a storage facility shall be approved only after the filing of a petition for change of operator and subsequent notice and hearing. A storage operator shall pay a filing fee of Fifteen Thousand Dollars ($15,000.00) for a Change of Operato…

A storage operator shall comply with the obligations set forth hereinbelow. These obligations are, however, not exhaustive, and the storage operator is responsible for other obligations required or implied by these regulations governing geologic storage of carbon dioxide. 1. The …

1. The Board may establish conditions, as required on a case-by-case basis on each well permit. The operator shall comply with any conditions placed on the storage operator by the Board in the order approving the storage facility. Such additional conditions may be necessary to pr…

1. Activities requiring Permits. Individual well permits shall be issued by the Supervisor for all wells within a storage facility for the storage of carbon dioxide as approved by the Board.2. Stratigraphic Test Well Requirements. Application for permits for Stratigraphic test we…

The Board shall ensure that the storage operator submits to the Board a surety bond or bonds sufficient to cover the costs and expenses of the closure of the storage facility. The proceeds of a bond shall be payable to the board by the surety upon order of the Board. The storage …

1. The storage operator shall ensure that all injection wells are constructed and completed to prevent movement of the carbon dioxide stream or fluids into underground sources of drinking water or outside the authorized storage reservoir. Further, the storage operator shall ensur…

1. An injection well has mechanical integrity if: a. There is no significant leak in the casing, tubing, or packer; andb. There is no significant fluid movement into an underground source of drinking water through channels adjacent to the well bore. 2. To evaluate the absence of …

1. During the drilling and construction of an injection well, the storage operator shall run appropriate logs, surveys, and tests to determine or verify the depth, thickness, porosity, permeability, lithology, and salinity of any formation fluids in all relevant geologic formatio…

1. Except during stimulation, the storage operator shall ensure that injection pressure does not exceed ninety percent of the fracture pressure of the injection zone so as to ensure that the injection does not initiate new fractures or propagate existing fractures in the injectio…

The storage operator shall prepare, maintain, and comply with a testing and monitoring plan to verify that the geologic sequestration project is operating as approved and is not endangering underground sources of drinking water or natural resources. The plan must be submitted wit…

The storage operator shall prepare, maintain, and comply with a monitoring plan to monitor the seismicity throughout the storage facility area. The seismicity plan shall be submitted with the petition to approve the storage facility.

1. Prior to the well plugging, the storage operator shall flush each injection well with a buffer fluid, determine bottom hole reservoir pressure, and perform a final external mechanical integrity test.2. The storage operator shall prepare, maintain, and comply with a plugging pl…

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 econo…

With approval of the Supervisor, upon the written request by the storage operator, the Supervisor may modify a plan for storage operations to make the corrections of minor modifications. Minor modifications may include: 1. Correct typographical errors;2. Require more frequent mon…

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 st…

1. Leak detectors or other approved leak detection equipment must be placed at the wellhead of all injection wells. Leak detectors must be integrated, where applicable, with automated warning systems and must be inspected and tested on a semiannual basis and, if defective, shall …

The storage operator shall conduct a corrosion monitoring and prevention program approved by the Board.

Identification signs shall be placed at each storage facility in a centralized location and at each well site. The signs identifying the storage facility shall show the name of the operator, the facility name, the emergency response number to contact the operator and contact info…

1. Any company or individual proposing to drill a stratigraphic test well to obtain cores or other geologic information and data related to a proposed or current carbon dioxide storage operation shall obtain a well permit from the Board prior to commencing drilling operations.

1. The storage operator shall pay the Board a fee of Three Cents ($0.03) on each ton of carbon dioxide injected for storage, which shall be deposited into the State Oil and Gas Board Geologic Storage of Carbon Dioxide Administrative Fund, authorized by Section 9-17-163 of the Cod…

1. The storage operator shall file with the Board all reports, submittals, notifications, and any other information that the Board requires.2. The storage operator shall give notice to the Board as soon as possible of any planned physical alterations or additions to the permitted…

The storage operator shall determine the amount of injected carbon dioxide stored in a reservoir that has been or is being used for an enhanced oil or gas recovery project or in a storage reservoir that has been or is being used for storage under order of the Board.

A status or progress report of operations being performed in association with well activities shall be reported orally or in writing to the appropriate Board office by 10:00 a.m. on the first working day of each week.

1. Notification Prior to Performance of Activity. A storage operator shall notify the Supervisor prior to performing any of the following activities: a. Setting surface casing;b. Running intermediate or production casing;c. Perforating;d. Drillstem testing;e. Wireline logging or …

1. A storage operator shall obtain approval of the Supervisor for: a. Initiating drilling, converting, or reentering a well;b. Deepening;c. Directionally drilling or sidetracking;d. Plan of abandonment of a radioactive logging source;e. Plan of operation for reentering, convertin…

1. During drilling, completing, and workover operations on every permitted well, the owner, operator, contractor, driller, or other person responsible for the conduct of drilling operations, shall notify the Supervisor prior to performing the following activities: setting surface…