Section 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 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