Alaska Stat. § 41.06.170

Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 41.06.170 - Certificate of completion
(a) Once a storage operator discontinues carbon dioxide injections into a storage reservoir, and upon application by the storage operator, the commission may issue a certificate of completion
(1) only after public notice and hearing; the commission shall establish notice requirements for a hearing under this paragraph;
(2) only after the commission consults with the Department of Environmental Conservation, the Department of Natural Resources, and all persons with an ownership interest in the storage reservoir; and
(3) after a period of at least 50 years, or another period approved by the commission for the storage reservoir based on requirements established in regulation, has elapsed since the last carbon dioxide injection into the storage reservoir.
(b) The commission may issue a certificate of completion only if the storage operator
(1) has fully complied with all laws governing the storage facility;
(2) shows that the operator has addressed all pending claims regarding the operation of the storage facility;
(3) shows that the underground place or pore space in which the injected carbon dioxide is stored is not expected to pose a threat to human health, human safety, the environment, or underground sources of drinking water;
(4) shows that the stored or injected carbon dioxide is unlikely to cross an underground or pore space boundary and is not expected to endanger an underground source of drinking water or otherwise endanger human health, human safety, or the environment;
(5) shows that all wells, equipment, and facilities allowed to remain in place following post-injection site care and site closure are in good condition and retain mechanical integrity;
(6) shows that the operator has plugged wells, removed equipment and facilities, and completed reclamation work as required by the commission and the Department of Natural Resources;
(7) has paid all fees and surcharges owed for the storage facility; and
(8) meets any other regulatory requirements established by the state.
(c) Once a certificate of completion is issued, the department assumes primary responsibility for long-term monitoring and maintenance of the storage facility, as provided in AS 41.06.305. The storage operator and all persons who generated injected carbon dioxide are released from liability to the state associated with the storage facility in an amount equal to the amount attributed to the storage facility in the carbon storage closure trust fund established in AS 37.14.850. The state, the department, or the commission is not liable for damages arising out of, or in any manner connected with, long-term monitoring and maintenance of a storage facility if the amount for the storage facility separately accounted for in the carbon storage closure trust fund established in AS 37.14.850 is unavailable or insufficient. A bond posted by the storage operator under AS 41.06.110(c)(2) must be released. In this subsection, "long-term monitoring and maintenance" has the meaning given in AS 41.06.305(e).

AS 41.06.170

Added by SLA 2024, ch. 23,sec. 39, eff. 10/29/2024.