State Codes and Statutes

Statutes > Utah > Title-54 > Chapter-17 > 54-17-701

54-17-701. Rules for carbon capture and geological storage.
(1) By January 1, 2011, the Division of Water Quality and the Division of Air Quality,on behalf of the Board of Water Quality and the Board of Air Quality, respectively, incollaboration with the commission and the Division of Oil, Gas, and Mining and the UtahGeological Survey, shall present recommended rules to the Legislature's Administrative RulesReview Committee for the following in connection with carbon capture and accompanyinggeological sequestration of captured carbon:
(a) site characterization approval;
(b) geomechanical, geochemical, and hydrogeological simulation;
(c) risk assessment;
(d) mitigation and remediation protocols;
(e) issuance of permits for test, injection, and monitoring wells;
(f) specifications for the drilling, construction, and maintenance of wells;
(g) issues concerning ownership of subsurface rights and pore space;
(h) allowed composition of injected matter;
(i) testing, monitoring, measurement, and verification for the entirety of the carboncapture and geologic sequestration chain of operations, from the point of capture of the carbondioxide to the sequestration site;
(j) closure and decommissioning procedure;
(k) short- and long-term liability and indemnification for sequestration sites;
(l) conversion of enhanced oil recovery operations to carbon dioxide geologicalsequestration sites; and
(m) other issues as identified.
(2) The entities listed in Subsection (1) shall report to the Legislature's AdministrativeRules Review Committee any proposals for additional statutory changes needed to implementrules contemplated under Subsection (1).
(3) On or before July 1, 2009, the entities listed in Subsection (1) shall submit to theLegislature's Public Utilities and Technology and Natural Resources, Agriculture, andEnvironment Interim Committees a progress report on the development of the recommendedrules required by this part.
(4) The recommended rules developed under this section apply to the injection of carbondioxide and other associated injectants in allowable types of geological formations for thepurpose of reducing emissions to the atmosphere through long-term geological sequestration asrequired by law or undertaken voluntarily or for subsequent beneficial reuse.
(5) The recommended rules developed under this section do not apply to the injection offluids through the use of Class II injection wells as defined in 40 C.F.R. 144.6(b) for the purposeof enhanced hydrocarbon recovery.
(6) Rules recommended under this section shall:
(a) ensure that adequate health and safety standards are met;
(b) minimize the risk of unacceptable leakage from the injection well and injection zonefor carbon capture and geologic sequestration; and
(c) provide adequate regulatory oversight and public information concerning carboncapture and geologic sequestration.

Amended by Chapter 344, 2009 General Session