Article 2.5 - Underground Injection Control

California Public Resources Code — §§ 3130-3132

Sections (3)

Added by Stats. 2015, Ch. 24, Sec. 29. (SB 83) Effective June 24, 2015.

For purposes of this article, the following terms mean the following:

(a)“Beneficial use” has the same meaning as set forth in subdivision (f) of Section 13050 of the Water Code.

(b)“Class II well” has the same meaning as set forth in Section 144.6 of Title 40 of the Code of Federal Regulations.

(c)“Exempted aquifer” has the same meaning as set forth in Section 144.3 of Title 40 of the Code of Federal Regulations.

(d)“State board” means the State Water Resources Control Board.

(e)“Underground Injection Control Program” means a program covering Class II wells for which the division has received primacy from the United States Environmental Protection Agency pursuant to Section 1425 of the federal Safe Drinking Water Act (42 U.S.C. Sec. 300h-4).

§ 3131

Amended by Stats. 2024, Ch. 467, Sec. 1. (SB 1304) Effective January 1, 2025.

(a)To ensure the appropriateness of a proposal by the state for an exempted aquifer determination subject to any conditions on the subsequent injection of fluids, and before proposing to the United States Environmental Protection Agency that it exempt an aquifer or portion of an aquifer pursuant to Section 144.7 of Title 40 of the Code of Federal Regulations, the division shall consult with the appropriate regional water quality control board and the state board concerning the conformity of the proposal with all of the following:

(1)The

criteria set forth in Section 146.4 of Title 40 of the Code of Federal Regulations.

(2)The injection of fluids will not affect the quality of water that is, or may reasonably be, used for any beneficial use.

(3)The injected fluid will remain in the aquifer or portion of the aquifer that would be exempted.

(b)Based on the consultation pursuant to subdivision (a), if the division and the staff of the state board preliminarily concur that an aquifer or portion of an aquifer may merit consideration for exemption by the United States Environmental Protection Agency,

the division and the staff of the state board shall provide a public comment period and, with a minimum of 30 days’ public notice, and shall jointly conduct a public hearing.

(c)Following review of the public comments pursuant to subdivision (b) and only if the division and the staff of the state

board concur that the exemption proposal merits consideration for exemption, the

staff of the state board shall submit a report to the state board evaluating the exemption proposal’s consistency with the criteria set forth in subdivision (a), including an analysis of all potential conduits, that shall be made available to the public no fewer than 60 days prior to a meeting before the state board and subject to a 45-day public comment period.

(d)The state board shall consider, in a public meeting, the report submitted pursuant to subdivision (c) and shall determine whether it concurs that the exemption proposal, with any appropriate modifications, complies with the requirements specified in subdivision (a) and merits consideration for exemption.

(e)If the state board concurs pursuant to subdivision (d), the division shall submit the aquifer exemption proposal to the United States Environmental Protection Agency.

§ 3132

Added by Stats. 2022, Ch. 359, Sec. 4. (SB 905) Effective January 1, 2023.

(a)For purposes of this section, the following definitions apply:

(1)“Carbon dioxide capture project” means a project that uses a process to separate carbon dioxide from industrial, commercial, or energy-related sources, other than oil or gas production from a well, and produces a concentrated fluid of carbon dioxide with the intent of preventing emission of the carbon dioxide into the atmosphere.

(2)“Carbon dioxide capture, removal, or sequestration project” means a carbon dioxide capture project or carbon dioxide removal project, that seeks to provide for the long-term isolation or utilization of the carbon dioxide from the atmosphere through storage in a geologic formation.

(3)“Carbon dioxide removal project” means a project that uses a process to remove carbon dioxide from the atmosphere.

(4)“Concentrated carbon dioxide fluid” means a fluid that contains concentrated carbon dioxide that is proportionately greater than the ambient atmospheric concentration of carbon dioxide.

(b)An operator shall not inject a concentrated carbon dioxide fluid produced by a carbon dioxide capture, removal, or sequestration project into a Class II well for purposes of enhanced oil recovery, including the facilitation of enhanced oil recovery from another well.