Utah Code, Title 54: Public Utilities, Chapter 17: Energy Resource Procurement Act, Section 701: Rules for Carbon Capture and Geological Storage (Utah CCS Rules Statute)

Jurisdiction(s)
Instrument Date
Effective Date
Instrument Type
Relevant Regulatory Authority
Divisions of Water Quality and Air Quality
Purpose and Context
Section 54-17-701(4) of the Utah CCS Rules Statute states that CO2 injection and sequestration as contemplated in the Statute is to be undertaken “for the purpose of reducing emissions to the atmosphere through long-term geological sequestration as required by law or undertaken voluntarily or for subsequent beneficial reuse.”
Relevant links
Instrument Access Date
19 October 2012
I. Regulatory scope and definitions
Composition of CO2 stream

Summary

The Utah CCS Rules Statute (which consists of section 54-17-701 alone) requires the Divisions of Water Quality and Air Quality to present to the Administrative Rules Review Committee, by 1 January 2011, recommended rules regarding CO2 capture and sequestration, including in relation to composition of injected matter, among other topics.

Section 54-17-701(4) further provides that these rules will apply to the injection of CO2 and “other associated injectants”, indicating that associated substances will be able to be injected as part of CO2 streams in accordance with the rules, once made.

Article/Section No.

Section 54-17-701

Instrument Text

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, in collaboration with the commission and the Division of Oil, Gas, and Mining and the Utah Geological Survey, shall present recommended rules to the Legislature's Administrative Rules Review Committee for the following in connection with carbon capture and accompanying geological 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 carbon capture and geologic sequestration chain of operations, from the point of capture of the carbon dioxide 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 geological sequestration sites; and

     (m) other issues as identified.

     (2) The entities listed in Subsection (1) shall report to the Legislature's Administrative Rules Review Committee any proposals for additional statutory changes needed to implement rules contemplated under Subsection (1).

     (3) On or before July 1, 2009, the entities listed in Subsection (1) shall submit to the Legislature's Public Utilities and Technology and Natural Resources, Agriculture, and Environment Interim Committees a progress report on the development of the recommended rules required by this part.

     (4) The recommended rules developed under this section apply to the injection of carbon dioxide and other associated injectants in allowable types of geological formations for the purpose of reducing emissions to the atmosphere through long-term geological sequestration as required by law or undertaken voluntarily or for subsequent beneficial reuse.

     (5) The recommended rules developed under this section do not apply to the injection of fluids through the use of Class II injection wells as defined in 40 C.F.R. 144.6(b) for the purpose of 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 zone for carbon capture and geologic sequestration; and

     (c) provide adequate regulatory oversight and public information concerning carbon capture and geologic sequestration.

Enhanced oil recovery (EOR)

Summary

The Utah CCS Rules Statute (which consists of section 54-17-701 alone) requires the Divisions of Water Quality and Air Quality to present to the Administrative Rules Review Committee, by 1 January 2011, recommended rules regarding CO2 capture and sequestration, including in relation to the conversion of enhanced oil recovery operations to sequestration sites, among other topics.

Section 54-17-701(5) provides, however, that these rules will not apply to the injection of fluids using Class II injection wells as defined in 40 C.F.R. 144.6(b), for the purpose of enhanced hydrocarbon recovery.

Article/Section No.

Section 54-17-701

Instrument Text

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, in collaboration with the commission and the Division of Oil, Gas, and Mining and the Utah Geological Survey, shall present recommended rules to the Legislature's Administrative Rules Review Committee for the following in connection with carbon capture and accompanying geological 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 carbon capture and geologic sequestration chain of operations, from the point of capture of the carbon dioxide 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 geological sequestration sites; and

     (m) other issues as identified.

     (2) The entities listed in Subsection (1) shall report to the Legislature's Administrative Rules Review Committee any proposals for additional statutory changes needed to implement rules contemplated under Subsection (1).

     (3) On or before July 1, 2009, the entities listed in Subsection (1) shall submit to the Legislature's Public Utilities and Technology and Natural Resources, Agriculture, and Environment Interim Committees a progress report on the development of the recommended rules required by this part.

     (4) The recommended rules developed under this section apply to the injection of carbon dioxide and other associated injectants in allowable types of geological formations for the purpose of reducing emissions to the atmosphere through long-term geological sequestration as required by law or undertaken voluntarily or for subsequent beneficial reuse.

     (5) The recommended rules developed under this section do not apply to the injection of fluids through the use of Class II injection wells as defined in 40 C.F.R. 144.6(b) for the purpose of 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 zone for carbon capture and geologic sequestration; and

     (c) provide adequate regulatory oversight and public information concerning carbon capture and geologic sequestration.

II. The scope and management of rights
Property rights

Summary

The Utah CCS Rules Statute (which consists of section 54-17-701 alone) requires the Divisions of Water Quality and Air Quality to present to the Administrative Rules Review Committee, by 1 January 2011, recommended rules regarding CO2 capture and sequestration, including in relation to the ownership of subsurface rights and pore space, among other topics.

Article/Section No.

Section 54-17-701

Instrument Text

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, in collaboration with the commission and the Division of Oil, Gas, and Mining and the Utah Geological Survey, shall present recommended rules to the Legislature's Administrative Rules Review Committee for the following in connection with carbon capture and accompanying geological 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 carbon capture and geologic sequestration chain of operations, from the point of capture of the carbon dioxide 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 geological sequestration sites; and

     (m) other issues as identified.

     (2) The entities listed in Subsection (1) shall report to the Legislature's Administrative Rules Review Committee any proposals for additional statutory changes needed to implement rules contemplated under Subsection (1).

     (3) On or before July 1, 2009, the entities listed in Subsection (1) shall submit to the Legislature's Public Utilities and Technology and Natural Resources, Agriculture, and Environment Interim Committees a progress report on the development of the recommended rules required by this part.

     (4) The recommended rules developed under this section apply to the injection of carbon dioxide and other associated injectants in allowable types of geological formations for the purpose of reducing emissions to the atmosphere through long-term geological sequestration as required by law or undertaken voluntarily or for subsequent beneficial reuse.

     (5) The recommended rules developed under this section do not apply to the injection of fluids through the use of Class II injection wells as defined in 40 C.F.R. 144.6(b) for the purpose of 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 zone for carbon capture and geologic sequestration; and

     (c) provide adequate regulatory oversight and public information concerning carbon capture and geologic sequestration. 

Public participation

Summary

<p>The Utah CCS Rules Statute (which consists of section 54-17-701 alone) requires the Divisions of Water Quality and Air Quality to present to the Administrative Rules Review Committee, by 1 January 2011, recommended rules regarding CO<sub>2</sub> capture and sequestration.</p> <p>Under section 54-17-701(6), these rules must, among other things, provide adequate regulatory oversight and public information concerning carbon capture and sequestration. </p>

Article/Section No.

Section 54-17-701

Instrument Text

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, in collaboration with the commission and the Division of Oil, Gas, and Mining and the Utah Geological Survey, shall present recommended rules to the Legislature's Administrative Rules Review Committee for the following in connection with carbon capture and accompanying geological 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 carbon capture and geologic sequestration chain of operations, from the point of capture of the carbon dioxide 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 geological sequestration sites; and

     (m) other issues as identified.

     (2) The entities listed in Subsection (1) shall report to the Legislature's Administrative Rules Review Committee any proposals for additional statutory changes needed to implement rules contemplated under Subsection (1).

     (3) On or before July 1, 2009, the entities listed in Subsection (1) shall submit to the Legislature's Public Utilities and Technology and Natural Resources, Agriculture, and Environment Interim Committees a progress report on the development of the recommended rules required by this part.

     (4) The recommended rules developed under this section apply to the injection of carbon dioxide and other associated injectants in allowable types of geological formations for the purpose of reducing emissions to the atmosphere through long-term geological sequestration as required by law or undertaken voluntarily or for subsequent beneficial reuse.

     (5) The recommended rules developed under this section do not apply to the injection of fluids through the use of Class II injection wells as defined in 40 C.F.R. 144.6(b) for the purpose of 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 zone for carbon capture and geologic sequestration; and

     (c) provide adequate regulatory oversight and public information concerning carbon capture and geologic sequestration.

III. Permitting storage site exploration, project development and CO2 injection
Controls on site selection

Summary

The Utah CCS Rules Statute (which consists of section 54-17-701 alone) requires the Divisions of Water Quality and Air Quality to present to the Administrative Rules Review Committee, by 1 January 2011, recommended rules regarding CO2 capture and sequestration, including in relation to, among other things:

  1. site characterisation; and
  2. risk assessment.

Article/Section No.

Section 54-17-701

Instrument Text

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, in collaboration with the commission and the Division of Oil, Gas, and Mining and the Utah Geological Survey, shall present recommended rules to the Legislature's Administrative Rules Review Committee for the following in connection with carbon capture and accompanying geological 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 carbon capture and geologic sequestration chain of operations, from the point of capture of the carbon dioxide 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 geological sequestration sites; and

     (m) other issues as identified.

     (2) The entities listed in Subsection (1) shall report to the Legislature's Administrative Rules Review Committee any proposals for additional statutory changes needed to implement rules contemplated under Subsection (1).

     (3) On or before July 1, 2009, the entities listed in Subsection (1) shall submit to the Legislature's Public Utilities and Technology and Natural Resources, Agriculture, and Environment Interim Committees a progress report on the development of the recommended rules required by this part.

     (4) The recommended rules developed under this section apply to the injection of carbon dioxide and other associated injectants in allowable types of geological formations for the purpose of reducing emissions to the atmosphere through long-term geological sequestration as required by law or undertaken voluntarily or for subsequent beneficial reuse.

     (5) The recommended rules developed under this section do not apply to the injection of fluids through the use of Class II injection wells as defined in 40 C.F.R. 144.6(b) for the purpose of 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 zone for carbon capture and geologic sequestration; and

     (c) provide adequate regulatory oversight and public information concerning carbon capture and geologic sequestration.

Environmental protection and impact assessment

Summary

The Utah CCS Rules Statute (which consists of section 54-17-701 alone) requires the Divisions of Water Quality and Air Quality to present to the Administrative Rules Review Committee, by 1 January 2011, recommended rules regarding CO2 capture and sequestration.

Under section 54-17-701(6), these rules must:

  1. ensure that adequate health and safety standards are met;
  2. minimise the risk of unacceptable leakage of CO2; and
  3. provide adequate regulatory oversight and public information concerning carbon capture and sequestration. 

Article/Section No.

Section 54-17-701

Instrument Text

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, in collaboration with the commission and the Division of Oil, Gas, and Mining and the Utah Geological Survey, shall present recommended rules to the Legislature's Administrative Rules Review Committee for the following in connection with carbon capture and accompanying geological 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 carbon capture and geologic sequestration chain of operations, from the point of capture of the carbon dioxide 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 geological sequestration sites; and

     (m) other issues as identified.

     (2) The entities listed in Subsection (1) shall report to the Legislature's Administrative Rules Review Committee any proposals for additional statutory changes needed to implement rules contemplated under Subsection (1).

     (3) On or before July 1, 2009, the entities listed in Subsection (1) shall submit to the Legislature's Public Utilities and Technology and Natural Resources, Agriculture, and Environment Interim Committees a progress report on the development of the recommended rules required by this part.

     (4) The recommended rules developed under this section apply to the injection of carbon dioxide and other associated injectants in allowable types of geological formations for the purpose of reducing emissions to the atmosphere through long-term geological sequestration as required by law or undertaken voluntarily or for subsequent beneficial reuse.

     (5) The recommended rules developed under this section do not apply to the injection of fluids through the use of Class II injection wells as defined in 40 C.F.R. 144.6(b) for the purpose of 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 zone for carbon capture and geologic sequestration; and

     (c) provide adequate regulatory oversight and public information concerning carbon capture and geologic sequestration.

Permitting CO2 injection and storage

Summary

The Utah CCS Rules Statute (which consists of section 54-17-701 alone) requires the Divisions of Water Quality and Air Quality to present to the Administrative Rules Review Committee, by 1 January 2011, recommended rules regarding CO2 capture and sequestration, including in relation to the issuance of well permits, among other topics.

Article/Section No.

Section 54-17-701

Instrument Text

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, in collaboration with the commission and the Division of Oil, Gas, and Mining and the Utah Geological Survey, shall present recommended rules to the Legislature's Administrative Rules Review Committee for the following in connection with carbon capture and accompanying geological 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 carbon capture and geologic sequestration chain of operations, from the point of capture of the carbon dioxide 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 geological sequestration sites; and

     (m) other issues as identified.

     (2) The entities listed in Subsection (1) shall report to the Legislature's Administrative Rules Review Committee any proposals for additional statutory changes needed to implement rules contemplated under Subsection (1).

     (3) On or before July 1, 2009, the entities listed in Subsection (1) shall submit to the Legislature's Public Utilities and Technology and Natural Resources, Agriculture, and Environment Interim Committees a progress report on the development of the recommended rules required by this part.

     (4) The recommended rules developed under this section apply to the injection of carbon dioxide and other associated injectants in allowable types of geological formations for the purpose of reducing emissions to the atmosphere through long-term geological sequestration as required by law or undertaken voluntarily or for subsequent beneficial reuse.

     (5) The recommended rules developed under this section do not apply to the injection of fluids through the use of Class II injection wells as defined in 40 C.F.R. 144.6(b) for the purpose of 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 zone for carbon capture and geologic sequestration; and

     (c) provide adequate regulatory oversight and public information concerning carbon capture and geologic sequestration.

IV. Operating and closing storage facilities
Monitoring, reporting and verification

Summary

The Utah CCS Rules Statute (which consists of section 54-17-701 alone) requires the Divisions of Water Quality and Air Quality to present to the Administrative Rules Review Committee, by 1 January 2011, recommended rules regarding CO2 capture and sequestration, including in relation to testing, monitoring, measurement and verification, among others topics.

Article/Section No.

Section 54-17-701

Instrument Text

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, in collaboration with the commission and the Division of Oil, Gas, and Mining and the Utah Geological Survey, shall present recommended rules to the Legislature's Administrative Rules Review Committee for the following in connection with carbon capture and accompanying geological 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 carbon capture and geologic sequestration chain of operations, from the point of capture of the carbon dioxide 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 geological sequestration sites; and

     (m) other issues as identified.

     (2) The entities listed in Subsection (1) shall report to the Legislature's Administrative Rules Review Committee any proposals for additional statutory changes needed to implement rules contemplated under Subsection (1).

     (3) On or before July 1, 2009, the entities listed in Subsection (1) shall submit to the Legislature's Public Utilities and Technology and Natural Resources, Agriculture, and Environment Interim Committees a progress report on the development of the recommended rules required by this part.

     (4) The recommended rules developed under this section apply to the injection of carbon dioxide and other associated injectants in allowable types of geological formations for the purpose of reducing emissions to the atmosphere through long-term geological sequestration as required by law or undertaken voluntarily or for subsequent beneficial reuse.

     (5) The recommended rules developed under this section do not apply to the injection of fluids through the use of Class II injection wells as defined in 40 C.F.R. 144.6(b) for the purpose of 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 zone for carbon capture and geologic sequestration; and

     (c) provide adequate regulatory oversight and public information concerning carbon capture and geologic sequestration.

Corrective and remedial measures

Summary

The Utah CCS Rules Statute (which consists of section 54-17-701 alone) requires the Divisions of Water Quality and Air Quality to present to the Administrative Rules Review Committee, by 1 January 2011, recommended rules regarding CO2 capture and sequestration, including in relation to the following topics, among others:

  1. risk assessment; and

mitigation and remediation protocols.

Article/Section No.

Section 54-17-701

Instrument Text

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, in collaboration with the commission and the Division of Oil, Gas, and Mining and the Utah Geological Survey, shall present recommended rules to the Legislature's Administrative Rules Review Committee for the following in connection with carbon capture and accompanying geological 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 carbon capture and geologic sequestration chain of operations, from the point of capture of the carbon dioxide 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 geological sequestration sites; and

     (m) other issues as identified.

     (2) The entities listed in Subsection (1) shall report to the Legislature's Administrative Rules Review Committee any proposals for additional statutory changes needed to implement rules contemplated under Subsection (1).

     (3) On or before July 1, 2009, the entities listed in Subsection (1) shall submit to the Legislature's Public Utilities and Technology and Natural Resources, Agriculture, and Environment Interim Committees a progress report on the development of the recommended rules required by this part.

     (4) The recommended rules developed under this section apply to the injection of carbon dioxide and other associated injectants in allowable types of geological formations for the purpose of reducing emissions to the atmosphere through long-term geological sequestration as required by law or undertaken voluntarily or for subsequent beneficial reuse.

     (5) The recommended rules developed under this section do not apply to the injection of fluids through the use of Class II injection wells as defined in 40 C.F.R. 144.6(b) for the purpose of 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 zone for carbon capture and geologic sequestration; and

     (c) provide adequate regulatory oversight and public information concerning carbon capture and geologic sequestration.

Operational liabilities

Summary

The Utah CCS Rules Statute (which consists of section 54-17-701 alone) requires the Divisions of Water Quality and Air Quality to present to the Administrative Rules Review Committee, by 1 January 2011, recommended rules regarding CO2 capture and sequestration, including in relation to short- and long-term liability and indemnification, among others topics.

Article/Section No.

Section 54-17-701

Instrument Text

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, in collaboration with the commission and the Division of Oil, Gas, and Mining and the Utah Geological Survey, shall present recommended rules to the Legislature's Administrative Rules Review Committee for the following in connection with carbon capture and accompanying geological 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 carbon capture and geologic sequestration chain of operations, from the point of capture of the carbon dioxide 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 geological sequestration sites; and

     (m) other issues as identified.

     (2) The entities listed in Subsection (1) shall report to the Legislature's Administrative Rules Review Committee any proposals for additional statutory changes needed to implement rules contemplated under Subsection (1).

     (3) On or before July 1, 2009, the entities listed in Subsection (1) shall submit to the Legislature's Public Utilities and Technology and Natural Resources, Agriculture, and Environment Interim Committees a progress report on the development of the recommended rules required by this part.

     (4) The recommended rules developed under this section apply to the injection of carbon dioxide and other associated injectants in allowable types of geological formations for the purpose of reducing emissions to the atmosphere through long-term geological sequestration as required by law or undertaken voluntarily or for subsequent beneficial reuse.

     (5) The recommended rules developed under this section do not apply to the injection of fluids through the use of Class II injection wells as defined in 40 C.F.R. 144.6(b) for the purpose of 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 zone for carbon capture and geologic sequestration; and

     (c) provide adequate regulatory oversight and public information concerning carbon capture and geologic sequestration.

Site closure

Summary

The Utah CCS Rules Statute (which consists of section 54-17-701 alone) requires the Divisions of Water Quality and Air Quality to present to the Administrative Rules Review Committee, by 1 January 2011, recommended rules regarding CO2 capture and sequestration, including in relation to closure and decommissioning, among other topics.

Article/Section No.

Section 54-17-701

Instrument Text

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, in collaboration with the commission and the Division of Oil, Gas, and Mining and the Utah Geological Survey, shall present recommended rules to the Legislature's Administrative Rules Review Committee for the following in connection with carbon capture and accompanying geological 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 carbon capture and geologic sequestration chain of operations, from the point of capture of the carbon dioxide 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 geological sequestration sites; and

     (m) other issues as identified.

     (2) The entities listed in Subsection (1) shall report to the Legislature's Administrative Rules Review Committee any proposals for additional statutory changes needed to implement rules contemplated under Subsection (1).

     (3) On or before July 1, 2009, the entities listed in Subsection (1) shall submit to the Legislature's Public Utilities and Technology and Natural Resources, Agriculture, and Environment Interim Committees a progress report on the development of the recommended rules required by this part.

     (4) The recommended rules developed under this section apply to the injection of carbon dioxide and other associated injectants in allowable types of geological formations for the purpose of reducing emissions to the atmosphere through long-term geological sequestration as required by law or undertaken voluntarily or for subsequent beneficial reuse.

     (5) The recommended rules developed under this section do not apply to the injection of fluids through the use of Class II injection wells as defined in 40 C.F.R. 144.6(b) for the purpose of 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 zone for carbon capture and geologic sequestration; and

     (c) provide adequate regulatory oversight and public information concerning carbon capture and geologic sequestration.

V. Management of long-term responsibilities and liabilities
Allocation of long term responsibilities & liabilities

Summary

The Utah CCS Rules Statute (which consists of section 54-17-701 alone) requires the Divisions of Water Quality and Air Quality to present to the Administrative Rules Review Committee, by 1 January 2011, recommended rules regarding CO2 capture and sequestration, including in relation to short- and long-term liability and indemnification, among other topics.

Article/Section No.

Section 54-17-701

Instrument Text

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, in collaboration with the commission and the Division of Oil, Gas, and Mining and the Utah Geological Survey, shall present recommended rules to the Legislature's Administrative Rules Review Committee for the following in connection with carbon capture and accompanying geological 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 carbon capture and geologic sequestration chain of operations, from the point of capture of the carbon dioxide 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 geological sequestration sites; and

     (m) other issues as identified.

     (2) The entities listed in Subsection (1) shall report to the Legislature's Administrative Rules Review Committee any proposals for additional statutory changes needed to implement rules contemplated under Subsection (1).

     (3) On or before July 1, 2009, the entities listed in Subsection (1) shall submit to the Legislature's Public Utilities and Technology and Natural Resources, Agriculture, and Environment Interim Committees a progress report on the development of the recommended rules required by this part.

     (4) The recommended rules developed under this section apply to the injection of carbon dioxide and other associated injectants in allowable types of geological formations for the purpose of reducing emissions to the atmosphere through long-term geological sequestration as required by law or undertaken voluntarily or for subsequent beneficial reuse.

     (5) The recommended rules developed under this section do not apply to the injection of fluids through the use of Class II injection wells as defined in 40 C.F.R. 144.6(b) for the purpose of 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 zone for carbon capture and geologic sequestration; and

     (c) provide adequate regulatory oversight and public information concerning carbon capture and geologic sequestration. 

VI. Additional Issues
Additional Issues

Article/Section No.

Section 54-17-701

Instrument Text

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, in collaboration with the commission and the Division of Oil, Gas, and Mining and the Utah Geological Survey, shall present recommended rules to the Legislature's Administrative Rules Review Committee for the following in connection with carbon capture and accompanying geological 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 carbon capture and geologic sequestration chain of operations, from the point of capture of the carbon dioxide 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 geological sequestration sites; and

     (m) other issues as identified.

     (2) The entities listed in Subsection (1) shall report to the Legislature's Administrative Rules Review Committee any proposals for additional statutory changes needed to implement rules contemplated under Subsection (1).

     (3) On or before July 1, 2009, the entities listed in Subsection (1) shall submit to the Legislature's Public Utilities and Technology and Natural Resources, Agriculture, and Environment Interim Committees a progress report on the development of the recommended rules required by this part.

     (4) The recommended rules developed under this section apply to the injection of carbon dioxide and other associated injectants in allowable types of geological formations for the purpose of reducing emissions to the atmosphere through long-term geological sequestration as required by law or undertaken voluntarily or for subsequent beneficial reuse.

     (5) The recommended rules developed under this section do not apply to the injection of fluids through the use of Class II injection wells as defined in 40 C.F.R. 144.6(b) for the purpose of 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 zone for carbon capture and geologic sequestration; and

     (c) provide adequate regulatory oversight and public information concerning carbon capture and geologic sequestration.