1. (a) This subchapter applies to the geologic storage of anthropogenic CO₂ in, and the injection of anthropogenic CO₂ into, a reservoir that is initially or may be productive of oil, gas, or geothermal resources or a saline formation directly above or below that reservoir. A reservoir that may be productive means an identifiable geologic unit that has had production in the past, which is similar to productive or previously productive reservoirs along the same or a similar trend, or potentially contains oil, gas, or geothermal resources based on analysis of geophysical and/or seismic data.
2. (b) This subchapter does not apply to the injection of fluid through the use of an injection well regulated under §3.46 of this title (relating to Fluid Injection into Productive Reservoirs) for the primary purpose of enhanced recovery operations from which there is reasonable expectation of more than insignificant future production volumes of oil, gas, or geothermal energy and operating pressures are no higher than reasonably necessary to produce such volumes or rates. However, the operator of an enhanced recovery project may propose to also permit the enhanced recovery project as a CO₂ geologic storage facility simultaneously. If the director determines that an injection well regulated under §3.46 of this title should be regulated under this subchapter because the injection well is no longer being used for the primary purpose of enhanced recovery operations, the director must notify the operator of such determination and allow the operator at least 30 days to respond to the determination and to file an application under this subchapter or cease operation of the well. Additionally, this subchapter does not preclude an enhanced oil recovery project operator from opting into a regulatory program that provides carbon credit for anthropogenic CO₂ sequestered through the enhanced recovery project.
3. (c) This subchapter applies to a well that is authorized as or converted to an anthropogenic CO₂ injection well for geologic storage.
4. (d) If a provision of this subchapter conflicts with any provision or term of a Commission order or permit, the provision of such order or permit controls.
5. (e) The operator of a geologic storage facility must comply with the requirements of this subchapter as well as with all other applicable Commission rules and orders, including the requirements of Chapter 8 of this title (relating to Pipeline Safety Regulations) for pipelines and associated facilities.

Source Note:The provisions of this §5.201 adopted to be effective December 20, 2010, 2010, 35 TexReg 11202.