The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Anthropogenic carbon dioxide (CO 2)--Anthropogenic CO2 as defined in the Texas Water Code, §27.002(19)(A). The term does not include naturally occurring CO2 that is produced, acquired, recaptured, recycled, and reinjected as part of enhanced recovery. The use of the term "CO2" in this subchapter includes anthropogenic CO2.
  (2) Anthropogenic CO2 stream--CO2 that has been captured from an emission source, 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 Code of Federal Regulations Part 261.
  (3) CO2 injection well--An injection well used to inject or transmit CO2 into an enhanced recovery reservoir.
  (4) Certification--As used in this subchapter, a document issued annually by the director validating the geologic storage of anthropogenic CO2 incidental to enhanced recovery at a facility registered under this subchapter.
  (5) Enhanced recovery--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.
  (6) Enhanced recovery facility--The underground reservoir, underground equipment, injection wells, and surface buildings and equipment and all surface and subsurface rights and appurtenances necessary to an enhanced recovery operation.
  (7) Geologic storage--The incidental underground storage of CO2 in a productive reservoir that occurs incidental to enhanced recovery.
  (8) Productive reservoir--A reservoir that is productive of oil, gas and geothermal resources and for which:
    (A) there is a reasonable expectation of more than insignificant future production of oil, gas or geothermal volumes or rates as a result of the injection of CO2; and
    (B) using operating pressures not anticipated to be higher than reasonably necessary to produce such production of oil, gas or geothermal volumes and rates.

Source Note: The provisions of this §5.302 adopted to be effective July 17, 2011, 36 TexReg 4397