Nebraska § 57-1610 - Permit; issuance; findings.

§ 57-1610. Permit; issuance; findings.

Before issuing a permit, the commission shall find:

(1) That the storage operator has complied with all requirements set by the commission;

(2) That the storage facility is suitable and feasible for carbon dioxide injection and storage;

(3) That the carbon dioxide to be stored is of a quality that allows it to be safely and efficiently stored in the storage reservoir;

(4) That the proposed storage facility will not endanger surface waters or underground sources of drinking water;

(5) That carbon dioxide will not escape into the atmosphere or surface waters from the storage reservoir;

(6) That the storage facility will not endanger human health or unduly endanger the environment;

(7) That the horizontal and vertical boundaries of the storage reservoir are defined;

(8) That the storage operator will establish a testing and monitoring plan to assess the location and migration of carbon dioxide injected for storage and to ensure compliance with all permit, statutory, and administrative requirements;

(9) That the storage operator has satisfied all of the requirements in subdivisions (2) through (8) of this section if the storage operator has obtained all permits required by the applicable underground injection control program permitting authority for each storage facility injection well;

(10) That the storage facility is in the public interest;

(11) In accordance with the United States Environmental Protection Agency Underground Injection Control Program, that the storage operator has completed a comprehensive geologic study which includes a seismic risk assessment;

(12) That the storage operator has made a good-faith effort to obtain the consent of all persons who own reservoir estates within the storage reservoir;

(13) That the storage operator has obtained the consent of persons who own reservoir estates comprising at least sixty percent of the physical volume contained within the defined storage reservoir;

(14) Whether the storage reservoir contains commercially valuable minerals. If it does, a permit may be issued only if the commission is satisfied that the interests of the mineral owners or mineral lessees will not be adversely affected or have been addressed in an arrangement entered into by the mineral owners or mineral lessees and the storage operator; and

(15) That all nonconsenting reservoir estate owners are or will be equitably compensated.