(a) This subchapter establishes the requirements for certification of the injection, and incidental storage, of anthropogenic CO2 into productive reservoirs for the purpose of enhanced recovery of oil, gas, or geothermal resources, and for which the operator requests certification from the Commission that the anthropogenic CO2 is permanently stored. (b) This subchapter applies to the injection of anthropogenic CO2 in a reservoir in connection with enhanced recovery for which: (1) there is a reasonable expectation of more than insignificant future production of oil, gas, or geothermal volumes or rates as a result of the injection of CO2 ; and (2) using operating pressures not anticipated to be higher than reasonably necessary to produce such production of oil, gas, or geothermal volumes and rates are covered by this rule, and the wells used in such enhanced recovery continue to be covered in accordance with the requirements of §3.46 of this title (relating to Fluid Injection into Productive Reservoirs). (c) For the purposes of this subsection, the CO2 stream injected into a productive reservoir may include any proportion of anthropogenic CO2 and naturally sourced CO2 . (d) The operator of an enhanced recovery facility registering for certification of geologic storage of anthropogenic CO2 incidental to enhanced recovery operations is subject to the monitoring provisions of this subchapter. (e) No permit is required for an operator to register with, or obtain a certification from, the Commission for geologic storage of anthropogenic CO2 incidental to enhanced recovery under this subchapter. Registration for certification by an operator under this subchapter is separate and distinct from an application for a Geologic Storage Facility under Subchapter B of this chapter (relating to Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide (CO2 )). The wells into which CO2 is injected for the purpose of enhanced recovery continue to be covered by §3.46 of this title. (f) Registration under this subchapter is voluntary. An enhanced recovery facility may register under this subchapter to account for geologic sequestration of anthropogenic CO2 . Additionally, this subchapter does not preclude the operator of an enhanced recovery project from opting into a regulatory program that provides carbon credit for the geologic storage of anthropogenic CO2 incidental to enhanced recovery. (g) An enhanced recovery facility subject to this subchapter includes all structures associated with injection and production located between the injection/production wells and the separators, but does not include the following: (1) storage of CO2 above ground; (2) temporary storage of CO2 below ground; (3) transportation or distribution of CO2 ; (4) purification, compression, or processing of CO2 at the surface; (5) capture of CO2 ; or (6) CO2 in cement, precipitated calcium carbonate, or any other technique that does not involve injection of CO2 into the subsurface. (h) Conflict with other requirements. If a provision of this section conflicts with any provision or term of a Commission order, field rule, or permit, the provision of such order, field rule, or permit controls.
Source Note: The provisions of this §5.301 adopted to be effective July 17, 2011, 36 TexReg 4397