40-11-6. Permit application requirements.

494 words·~2 min read·/ut/title-40/chapter-11/40-11-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(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 in accordance with Subsections 40-11-3

(4)and (5), to cover the administrative costs of considering an application for a permit and to pay the expenditures of money from the fund to accomplish the purposes of this chapter.

(3)The board shall give priority to storage operators who apply for a permit to store carbon dioxide produced in Utah.

(4)A permit application shall demonstrate:

(a)that the storage operator has complied with all requirements established by the board in rule and in this chapter;

(b)that the storage facility is suitable for carbon dioxide injection and storage;

(c)that the carbon dioxide the storage operator will store is of a quality that allows the carbon dioxide to be safely and efficiently stored in the reservoir;

(d)that the storage operator has made a good-faith effort to get the consent of all persons who own the storage reservoir's pore space;

(e)that owners who own no less than 70% of the reservoir's pore space have provided written consent to the use of the owners' pore space for a storage facility;

(f)whether the storage facility contains commercially valuable minerals;

(g)if the storage facility contains commercially valuable minerals:

(i)a plan for addressing the ownership interests of the mineral owners or mineral lessees; and

(ii)a demonstration that the storage facility will not negatively impact the commercially valuable minerals;

(h)that the storage reservoir meets the integrity requirements described in Section 40-11-13 ;

(i)that the operator has taken reasonable steps to ensure that:

(i)the storage facility will not endanger human health;

(ii)the storage facility will not endanger the environment;

(iii)the storage facility is in the public interest;

(iv)the storage facility will not adversely affect surface water or formation containing fresh water;

(v)carbon dioxide will not escape from the storage reservoir at a rate exceeding the lower of 1% or the standard recommended by the Environmental Protection Agency; and

(vi)that substances that compromise the objectives of this chapter or the integrity of a reservoir will not enter the reservoir;

(j)that the storage reservoir has defined horizontal and vertical boundaries;

(k)that the boundaries of the storage reservoir include buffer areas to ensure the safe operation of the storage facility;

(l)plans for monitoring the storage facility and procedures to assess the location and migration of carbon dioxide injected for storage;

(m)plans to ensure compliance with geologic carbon storage statutes and rules; and

(n)assurance that all nonconsenting pore space owners are or will be equitably compensated for the use of the pore space of the nonconsenting pore space owners in the storage facility.

Amended by Chapter 79 , 2024 General Session