As used in this subchapter, unless indicated otherwise, the following definitions apply:

1. (1) "Carbon dioxide" means a substance that is comprised of no less than 90% carbon dioxide by volume. All calculations of carbon dioxide purity must be made at the location of transfer from the carbon dioxide pipeline to the carbon sequestration point.
2. (2) "Catastrophic circumstances," within the meaning of 15-6-158(2)(e), MCA, means a great and sudden, extraordinary, unexpected, and unforeseeable disaster or failure of equipment that is beyond the control of the owner and operator of a closed-loop enhanced oil recovery operation, that could not have been prevented, and that substantially interferes with the owner and operator's ability to retain injected carbon dioxide.
3. (3) "Department" means the Department of Environmental Quality provided for in Title 2, chapter 15, part 39, MCA.
4. (4) "Location," within the meaning of 15-6-158(2)(d), MCA, means the injection well field, the pipeline terminus, the pipeline header, or the equipment related to a closed-loop enhanced oil recovery operation.
5. (5) "Retains," within the meaning of 15-6-158(2)(e), MCA, means that the carbon dioxide is controlled by the operator underground, within the closed-loop system or in some other manner.
6. (6) "Unforeseen circumstances," within the meaning of 15-6-158(2)(e), MCA, means circumstances beyond the control of the owner and operator of a closed-loop enhanced oil recovery operation that could not reasonably have been foreseen and that substantially interfere with the owner and operator's ability to retain injected carbon dioxide.

Authorizing statute(s): 15-24-3116, MCA

Implementing statute(s): 15-24-3112, MCA

History: NEW, 2008 MAR p. 1027, Eff. 5/23/08; AMD, 2011 MAR p. 233, Eff. 2/25/11.