The following terms, when used in Subchapter B of this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Affected person--A person who, as a result of activity sought to be permitted has suffered or may suffer actual injury or economic damage other than as a member of the general public.
  (2) Anthropogenic carbon dioxide (CO 2 )--
    (A) CO2 that has been captured from or would otherwise have been released into the atmosphere that has been:
      (i) separated from any other fluid stream; or
      (ii) captured from an emissions source, including:
        (I) an advanced clean energy project as defined by Health and Safety Code, §382.003, or another type of electric generation facility; or
        (II) an industrial source of emissions; and
      (iii) any incidental associated substance derived from the source material for, or from the process of capturing, CO2 described by clause (i) of this subparagraph; and
      (iv) any substance added to CO2 described by clause (i) of this subparagraph to enable or improve the process of injecting the CO2 ; and
    (B) does not include naturally occurring CO2 that is produced, acquired, recaptured, recycled, and reinjected as part of enhanced recovery operations.
  (3) Anthropogenic CO2 injection well--An injection well used to inject or transmit gaseous, liquid, or supercritical anthropogenic CO2 into a reservoir.
  (4) Aquifer--A geologic formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.
  (5) Area of review (AOR)--The subsurface three-dimensional extent of the CO2 stream plume and the associated pressure front, as well as the overlying formations, any underground sources of drinking water overlying an injection zone along with any intervening formations, and the surface area above that delineated region.
  (6) Carbon dioxide (CO2 ) plume--The underground extent, in three dimensions, of an injected CO2 stream.
  (7) Carbon dioxide (CO2 ) stream--CO2 that has been captured from an emission source or the atmosphere, incidental associated substances derived from the source materials and the capture process, and any substances added to the stream to enable or improve the injection process. The term does not include any CO2 stream that meets the definition of a hazardous waste under 40 CFR Part 261.
  (8) Casing--A pipe or tubing of appropriate material, of varying diameter and weight, lowered into a borehole during or after drilling in order to support the sides of the hole and thus prevent the walls from caving, to prevent loss of drilling mud into porous ground, or to prevent water, gas, or other fluid from entering or leaving the hole.
  (9) Cementing--The operation whereby a cement slurry is pumped into a drilled hole and/or forced behind the casing.
  (10) Class VI well--Any well used to inject anthropogenic CO2 specifically for the purpose of the long-term containment of a gaseous, liquid, or supercritical CO2 in subsurface geologic formations.
  (11) Code of Federal Regulations (CFR)--The codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government.
  (12) Commission--A quorum of the members of the Railroad Commission of Texas convening as a body in open meeting.
  (13) Confining zone--A geologic formation, group of formations, or part of a formation stratigraphically overlying the injection zone or zones that acts as barrier to fluid movement. For Class VI wells operating under an injection depth waiver, confining zone means a geologic formation, group of formations, or part of a formation stratigraphically overlying and underlying the injection zone or zones that acts as a barrier to fluid movement.
  (14) Corrective action--Methods to assure that wells within the area of review do not serve as conduits for the movement of fluids into or between underground sources of drinking water, including the use of corrosion resistant materials, where appropriate.
  (15) Delegate--The person authorized by the director to take action on behalf of the Railroad Commission of Texas under this chapter.
  (16) Director--The director of the Oil and Gas Division of the Railroad Commission of Texas or the director's delegate.
  (17) Division--The Oil and Gas Division of the Railroad Commission of Texas.
  (18) Draft permit--A document prepared indicating the director's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit. A notice of intent to terminate a permit, and a notice of intent to deny a permit are types of "draft permits." A denial of a request for modification, revocation and reissuance, or termination is not a draft permit.
  (19) Enhanced recovery operation--Using any process to displace hydrocarbons from a reservoir other than by primary recovery, including using any physical, chemical, thermal, or biological process and any co-production project. This term does not include pressure maintenance or disposal projects.
  (20) EPA--The United States Environmental Protection Agency.
  (21) Exempted aquifer--An aquifer or its portion that meets the criteria in the definition of underground source of drinking water but which has been exempted according to the procedures in 40 CFR §144.7.
  (22) Facility closure--The point at which the operator of a geologic storage facility is released from post-injection storage facility care responsibilities.
  (23) Flow rate--The volume per time unit given to the flow of gases or other fluid substance which emerges from an orifice, pump, turbine or passes along a conduit or channel.
  (24) Fluid--Any material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state.
  (25) Formation--A body of consolidated or unconsolidated rock characterized by a degree of lithologic homogeneity which is prevailingly, but not necessarily, tabular and is mappable on the earth's surface or traceable in the subsurface.
  (26) Formation fluid--Fluid present in a formation under natural conditions.
  (27) Fracture pressure--The pressure that, if applied to a subsurface formation, would cause that formation to physically fracture.
  (28) Geologic storage--The long-term containment of gaseous, liquid, or supercritical anthropogenic CO2 in subsurface geologic formations.
  (29) Geologic storage facility or storage facility--The underground geologic formation, underground equipment, injection wells, and surface buildings and equipment used or to be used for the geologic storage of anthropogenic CO2 and all surface and subsurface rights and appurtenances necessary to the operation of a facility for the geologic storage of anthropogenic CO2 . The term includes the subsurface three-dimensional extent of the CO2 plume, associated area of elevated pressure, and displaced fluids, as well as the surface area above that delineated region, and any reasonable and necessary areal buffer and subsurface monitoring zones. The term does not include a pipeline used to transport CO2 from the facility at which the CO2 is captured to the geologic storage facility. The storage of CO 2 incidental to or as part of enhanced recovery operations does not in itself automatically render a facility a geologic storage facility.
  (30) Good faith claim--A factually supported claim based on a recognized legal theory to a continuing possessory right in pore space such that the pore space can be used for geologic storage of carbon dioxide.
  (31) Injection zone--A geologic formation, group of formations, or part of a formation that is of sufficient areal extent, thickness, porosity, and permeability to receive CO 2 through a well or wells associated with a geologic storage facility.
  (32) Injection well--A well into which fluids are injected.
  (33) Interested person--Any person who expresses an interest in an application, permit, or Class VI UIC well.
  (34) Limited English-speaking household--A household in which all members 14 years and older have at least some difficulty with English.
  (35) Lithology--The description of rocks on the basis of their physical and chemical characteristics.
  (36) Mechanical integrity--
    (A) An anthropogenic CO2 injection well has mechanical integrity if:
      (i) there is no significant leak in the casing, tubing, or packer; and
Cont'd...