Section 267-7-005 - EMERGENCY AND REMEDIAL RESPONSE PLANThe storage operator shall implement the commission-approved emergency and remedial response plan and the worker safety plan. This plan must include emergency response and security procedures. An emergency and remedial response plan approved as part of a Class VI permit issued under the applicable underground injection control program shall be sufficient to satisfy the emergency and remedial response plan requirements of this section. The plan, including revision of the list of contractors and equipment vendors, must be updated as necessary or as the commission requires. Copies of the plans must be available at the storage facility and at the storage operator's nearest operational office.
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 during construction, operation, and post injection site care periods. The requirement to maintain and implement a commission-approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. The plan must also detail:a. The safety procedures concerning the facility and residential, commercial, and public land use within 1/2 mile, or any other distance set by the commission of the outside boundary of the facility area; andb. 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.2. The storage operator shall review annually the emergency and remedial response plan developed under subsection 1. Based on this review, the storage operator shall submit to the commission an amended plan or demonstrate to the commission that no amendment to the plan is needed. Any amendments to the plan are subject to the commission's approval, must be incorporated into the storage facility permit, and are subject to the permit modification requirements. Amended plans or demonstrations that amendments are not needed shall be submitted to the commission as follows:a. Within one year of an area of review reevaluation;b. Following any significant changes to the facility, such as addition of injection or monitoring wells, on a schedule determined by the commission; orc. When required by the commission.3. Obtaining a Class VI permit obtained from the applicable underground injection control program and complying with the provisions of that permit shall satisfy all of the emergency and remedial response plan requirements of this section.267 Neb. Admin. Code, ch. 7, § 005
Effective Date: August 28, 2021Adopted effective 7/27/2022