A. The Corporation Commission shall be the "Agency" for, and shall have exclusive jurisdiction over CO2 sequestration facilities involving, and injection of CO2 for carbon sequestration into, oil reservoirs, gas reservoirs, coal-bed methane reservoirs, and mineral brine reservoirs. The Commission shall have such jurisdiction regardless of whether such CO2 sequestration facility or other injection of carbon dioxide involves enhanced oil or gas recovery.
B. The Department of Environmental Quality shall be the "Agency" for, and shall have exclusive jurisdiction over CO2 sequestration facilities involving, and injection of CO2 for carbon sequestration into all reservoirs other than those described in subsection A of this section, which shall include, but not be limited to, deep saline formations, unmineable coal seams where methane is not produced, basalt reservoirs, salt domes, and non-mineral bearing shales.
Added by Laws 2009, c. 429, § 3, emerg. eff. June 1, 2009.
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