Section 13 – Reservoir integrity.
Effective 5/4/2022 40-11-13. Reservoir integrity. (1) Carbon dioxide injected into and stored in a reservoir in compliance with the requirements of this section is not: (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 […]
Section 14 – Preservation of rights.
Effective 5/4/2022 40-11-14. Preservation of rights. Nothing in this chapter or in a permit may be interpreted to: (1) prejudice the rights of property owners who own property that hosts a storage facility to the extent that those property rights are not committed to the storage facility; (2) prevent a mineral owner or mineral lessee […]
Section 15 – Title to injected carbon dioxide.
Effective 5/4/2022 40-11-15. Title to injected carbon dioxide. (1) The storage operator has title to the carbon dioxide injected into and stored in a storage reservoir and holds title until the board issues a certificate of project completion. (2) The storage operator is liable for any damage the stored carbon dioxide may cause, including damage […]
Section 16 – Certificate of project completion.
Effective 5/4/2022 40-11-16. Certificate of project completion. (1) To request a certificate of project completion, a storage operator shall submit: (a) a demonstration that the last carbon dioxide injection was no fewer than 10 years preceding the filing; (b) a statement of compliance with all statutes and rules regulating the storage facility; (c) a demonstration […]
Section 17 – Application of this chapter to enhanced recovery projects.
Effective 5/4/2022 40-11-17. Application of this chapter to enhanced recovery projects. (1) This chapter does not apply to the injection of carbon dioxide for an enhanced oil or gas recovery project. (2) (a) This chapter does apply to the conversion of an enhanced oil or gas recovery project to a storage facility. (b) To accommodate […]
Section 6 – Permit application requirements.
Effective 5/4/2022 40-11-6. Permit application requirements. (1) A person applying for a permit shall: (a) comply with: (i) the application requirements the board establishes through rule; and (ii) the application requirements described in this section; and (b) pay a fee, as established by the board, to cover the administrative costs of considering an application for […]
Section 7 – Permit hearing.
Effective 5/4/2022 40-11-7. Permit hearing. (1) The board shall hold a public hearing before authorizing the division to issue a permit. (2) The board shall conduct the hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (3) The board shall give notice no fewer than 30 days prior to the hearing by: (a) […]
Section 2 – Preemption.
Effective 5/4/2022 40-11-2. Preemption. (1) Regulation of geologic carbon storage is of statewide concern and the state regulation of geologic carbon storage activity occupies the whole field of geologic carbon storage subject to: (a) the granting of primacy over Class VI geologic sequestration wells; and (b) relevant federal law. (2) The legislative body of a […]
Section 3 – Board authority — Rulemaking authority.
Effective 5/4/2022 40-11-3. Board authority — Rulemaking authority. (1) The board and the division have jurisdiction over all persons and property necessary to enforce this chapter. (2) To enforce this chapter, the board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (3) Subject to the granting of primacy by […]
Section 4 – Board and division permit authority.
Effective 5/4/2022 40-11-4. Board and division permit authority. To the extent required to authorize and issue permits and to regulate geologic carbon sequestration, the board and the division shall have authority: (1) over all persons and property necessary to administer and enforce this chapter and this chapter’s objectives; (2) to regulate activities relating to a […]