§ 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:

(1)(a) pollution, as that term is defined in Section 4-18-103; or
(1)(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:

(2)(a) carbon dioxide cannot escape the reservoir at a rate exceeding the lower of 1% or the standard recommended by the Environmental Protection Agency;
(2)(b) no additional substances will be introduced into the storage facility that could compromise the integrity of the storage reservoir; and
(2)(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:

(3)(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
(3)(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.

Legislative History

Enacted by Chapter 62, 2022 General Session