82-11-188. Incidental carbon dioxide storage -- certification. (1) An operator or producer of an oil or gas enhanced recovery project may request that the board certify the quantity of carbon dioxide being stored incidentally through the enhanced recovery project.

(2) The operator or producer shall submit a plan to account for the incidentally stored carbon dioxide on a form provided by the board.

(3) Upon approval of the plan, the board shall certify the amount of carbon dioxide incidentally stored through the enhanced recovery project.

(4) An application for certification pursuant to this section is not an application for a geologic storage project or a carbon dioxide injection well for injection in a geologic storage reservoir. Certification of incidentally stored carbon dioxide pursuant to this section does not convert an enhanced recovery project to a geologic storage project and does not subject the enhanced recovery project to the requirements of the carbon dioxide injection well regulations or geologic storage reservoir regulations pursuant to this chapter.