Okla. Stat. tit. 27A § 3-5-102

Current through Laws 2024, c. 453.

Section 3-5-102 - Definitions

As used in the Oklahoma Carbon Capture and Geologic Sequestration Act:

1. "Agency" means the Corporation Commission or the Department of Environmental Quality, as the case may be and as described in Section 3-5-103 of this title;

2. "Anthropogenic carbon dioxide" or "man-made carbon dioxide" means the carbon dioxide compound manufactured, mechanically formed or otherwise caused to occur, as a result of either:

a. a chemical process performed by or involving efforts of a person, or

b. separation of carbon dioxide from natural gas.

The term shall not include carbon dioxide that is naturally present in underground locations;

3. "Approved reservoir" means a reservoir that is determined by the Agency with jurisdiction to be suitable for the receipt, storage and/or sequestration of injected carbon dioxide therein;

4. "Carbon dioxide" or "CO₂" means an inorganic compound containing one carbon atom and two oxygen atoms, and exists as a gas at standard temperature and pressure. Carbon dioxide is an inert, stable, colorless, odorless, nontoxic, incombustible, inorganic gas that is dissolvable in water and is naturally present, such as in underground locations and in the atmosphere as a trace gas;

5. "Carbon sequestration" means long-term or short-term underground storage or sequestration of anthropogenic carbon dioxide in one or more reservoirs;

6. "CO₂ injection well" means an artificial excavation or opening in the ground made by digging, boring, drilling, jetting, driving, or another method and is used to inject or transmit anthropogenic carbon dioxide into one or more reservoirs;

7. "CO₂ capture and compression equipment" means the equipment, separation units, processing units, processing plants, pipe, buildings, pumps, compressors, meters, facilities, motors, fixtures, materials, and machinery, and all other improvements used in the operation of any of them, and property, real or personal, intangible or tangible, either attributable to or relating to, or located thereon, used for the purpose of:

a. capturing carbon dioxide from a source that produces anthropogenic carbon dioxide, and/or

b. compressing or otherwise increasing the pressure of anthropogenic carbon dioxide;

8. "CO₂ pipeline" means any pipeline, compressors, pumps, meters, facilities, valves, fittings, right-of-way markers, cathodic protection ground beds, anodes, rectifiers, and any other cathodic protection devices, and other associated equipment, appurtenances and fixtures located on, attributable to or used in connection with the same, and used for the purpose of transporting carbon dioxide for carbon sequestration in this state or another state, excluding:

a. CO₂ capture and compression equipment at the source of the carbon dioxide, and

b. pipelines that are part of a CO₂ sequestration facility;

9. "CO₂ sequestration facility" means the approved reservoir(s), and all associated underground equipment and pipelines, all associated surface buildings and equipment, and all associated CO₂ injection wells, utilized for carbon sequestration in a defined geographic boundary established by the Agency, excluding any:

a. CO₂ capture and compression equipment at the source of the carbon dioxide, and

b. CO₂ pipeline transporting carbon dioxide to the facility from a source located outside the geographic boundaries of the surface of the facility;

10. "CO₂ trunkline" means a CO₂ pipeline that both exceeds seventy-five (75) miles in distance and has a minimum pipe outside diameter of at least twelve (12) inches;

11. "Commission" means the Corporation Commission as established by Section 15 of Article 9 of the Oklahoma Constitution;

12. "Common source of supply" shall have the same meaning as in Section 86.1 of Title 52 of the Oklahoma Statutes;

13. "Department" means the Department of Environmental Quality as established by Section 2-3-101 et seq. of this title;

14. "Enhanced oil or gas recovery" means the increased recovery of hydrocarbons, including oil and gas, from a common source of supply achieved by artificial means or by the application of energy extrinsic to the common source of supply, such as pressuring, cycling, pressure maintenance or injection of a substance or form of energy, such as injection of water and/or carbon dioxide, including immiscible and miscible floods; provided that enhanced oil or gas recovery shall not include injection of a substance or form of energy for the sole purpose of either:

a. aiding in the lifting of fluids in the well, or

b. stimulation of the reservoir at or near the well by mechanical, chemical, thermal or explosive means;

15. "Facility operator" means any person authorized by the Agency to operate a CO₂ sequestration facility;

16. "Facility owner" means the person who owns the CO₂ sequestration facility;

17. "Gas" shall have the same meaning as in Section 86.1 of Title 52 of the Oklahoma Statutes;

18. "Governmental entity" means any department, commission, authority, council, board, bureau, committee, legislative body, agency, beneficial public trust, or other establishment of the executive, legislative or judicial branch of the United States, the State of Oklahoma, any other state in the United States, the District of Columbia, the Territories of the United States, and any similar entity of any foreign country;

19. "Oil" shall have the same meaning as in Section 86.1 of Title 52 of the Oklahoma Statutes;

20. "Person" means any individual, proprietorship, association, firm, corporation, company, partnership, limited partnership, limited liability company, joint venture, joint stock company, syndicate, trust, organization, committee, club, governmental entity, or other type of legal entity, or any group or combination thereof either acting in concert or as a unit;

21. "Private operator" means any person that is either a facility operator or an operator of a CO₂ pipeline, but that is neither a public utility nor a common carrier as such terms are defined by the Oklahoma Statutes; and

22. "Reservoir" means any portion of a separate and distinct geologic or subsurface sedimentary stratum, formation, aquifer, cavity or void, whether naturally occurring or artificially created, including an oil or gas formation, saline formation, or coal seam.

Okla. Stat. tit. 27A, § 3-5-102

Added by Laws 2009 , SB 610, c. 429, §2, emerg. eff. 6/1/2009; Amended by Laws 2011 , SB 629, c. 264, §1.