| (1) |
Carbon dioxide injected into and stored in a reservoir in compliance with the requirements of this section is not:
Terms Used In Utah Code 40-11-13- Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-11-1
- Carbon dioxide: means carbon dioxide (CO2) that has been captured from an emission source or direct air capture, plus incidental associated substances derived from the source materials and the capture process, and any substances added to the carbon dioxide to enable or improve the injection process. See Utah Code 40-11-1
- Geologic carbon storage: means the permanent or short-term underground storage of carbon dioxide in a storage reservoir. See Utah Code 40-11-1
- Reservoir: means a subsurface sedimentary stratum, formation, aquifer, cavity, or void, whether natural or artificially created, including oil and gas reservoirs, saline formations, and coal seams suitable for or capable of being made suitable for geologic carbon storage. See Utah Code 40-11-1
- Storage facility: means the reservoir, underground equipment, and surface facilities and equipment used or proposed to be used in a geologic carbon storage operation. See Utah Code 40-11-1
| (a) |
pollution, as that term is defined in Section 4-18-103; or |
| (b) |
a nuisance, as that term is defined in Section 4-44-102. |
|
| (2) |
A reservoir is only appropriate for geologic carbon storage if the board determines and the operator demonstrates that:
| (a) |
carbon dioxide cannot escape the reservoir at a rate exceeding the lower of 1% or the standard recommended by the Environmental Protection Agency; |
| (b) |
no additional substances will be introduced into the storage facility that could compromise the integrity of the storage reservoir; and |
| (c) |
the operator has a plan to maintain the integrity of the reservoir. |
|
| (3) |
When making a determination described in Subsection (2), the board may rely upon:
| (a) |
a finding from the Utah Geological Survey, created in Section 79-3-201 that the reservoir is appropriate for the storage of carbon dioxide; and |
| (b) |
reports and findings from the Department of Environmental Quality, created in Section 19-1-104. |
|
| (4) |
The board shall take action to enforce the provisions of this section. |
Enacted by Chapter 62, 2022 General Session
