{"data":{"id":"us-ky/krs-353.413","jurisdiction":"us-ky","citation":"KRS 353.413","heading":"Definitions for KRS 353.411 to 353.459.","body":"As used in KRS 353.411 to 353.459:\n(1) \"Administratively complete,\" with respect to an application, means an application\nfor permit approval that the cabinet determines contains:\n(a) Information addressing each application requirement of the regulatory\nprogram; and\n(b) All information necessary to initiate technical processing and public review;\n(2) \"Cabinet\" means the Energy and Environment Cabinet;\n(3) \"Carbon dioxide\" means anthropogenic carbon dioxide of sufficient purity and\nquality as to not compromise:\n(a) The safety of geologic sequestration; and\n(b) Those properties of the sequestration reservoir which allow the reservoir to\neffectively enclose and contain a stored gas;\n(4) \"Carbon dioxide sequestration\" means the injection of carbon dioxide and\nassociated constituents into subsurface ge ologic reservoirs intended to provide for\nthe long -term containment of a gaseous, liquid, or supercritical carbon dioxide\nstream in subsurface geologic formations and thereby prevent its release into the\natmosphere;\n(5) \"Class II well\" has the same meaning as in KRS 353.510;\n(6) \"Class VI injection well\" or \"Class VI well\" means the classification by the US\nEPA of wells for injection of substances or materials into subsurface rock\nformations and, specifically, to the clas s of wells that are used to inject carbon\ndioxide into subsurface rock formations;\n(7) \"Class VI underground injection control permit\" or \"Class VI permit\" means a\npermit for a specified site authorizing a person or business entity to construct and\noperate a carbon dioxide sequestration facility issued by the:\n(a) US EPA prior to granting the cabinet primary enforcement authority; or\n(b) Cabinet after primary enforcement authority is granted by the US EPA;\n(8) \"Completion certificate\" means a Certificate of  Underground Carbon Dioxide\nSequestration Project Completion;\n(9) \"Control person\" has the same meaning as in KRS 353.510;\n(10) \"Drilling permit\" means a permit issued by the cabinet to drill a well or convert an\nexisting well for the purposes of construct ing a Class VI underground injection\ncontrol facility;\n(11) \"Gas well\" has the same meaning as in KRS 353.010;\n(12) \"Monitoring well\" means a well authorized under a Class VI underground injection\ncontrol permit that is designed and completed in a specifie d subsurface interval to\nmonitor pressure, fluid chemistry, or other parameters to confirm containment of\ninjected carbon dioxide within the sequestration reservoir and confining system and\nto demonstrate non-endangerment of underground sources of drinking water;\n(13) \"Oil well\" has the same meaning as in KRS 353.010;\n(14) \"Person\" has the same meaning as in KRS 353.510;\n(15) \"Pore space\" means a cavity or void, whether naturally or artificially created, in\nsubsurface stratum beneath individual properties w ithin a reservoir into which\ninjection of carbon dioxide is proposed;\n(16) \"Reservoir\" means a subsurface stratum, formation, cavity, or void, whether\nnaturally or artificially created, including oil and gas reservoirs, saline formation,\nand coal seams suitable for, or capable of being made suitable for, the injection and\nstorage of carbon dioxide;\n(17) \"Secretary\" means the secretary of the Energy and Environment Cabinet;\n(18) \"Sequestration facility\" means the reservoir, well, underground equipment, and\nsurface facilities and equipment used or proposed to be used in a carbon dioxide\nsequestration project, but does not include pipelines used to transport carbon\ndioxide to the sequestration facility;\n(19) \"Sequestration operator\" means a person applying for or holding a Class VI permit\nuntil the issuance of a completion certificate for the relevant sequestration facility;\n(20) \"Sequestration reservoir\" means a reservoir proposed, authorized, and used for\nstoring carbon dioxide;\n(21) \"Surface waters\":\n(a) Means:\n1. Those waters having well -defined banks and beds, either constantly or\nintermittently flowing;\n2. Lakes and impounded waters;\n3. Marshes and wetlands; and\n4. Any subterranean waters flowing in well -defined channels and having a\ndemonstrable hydrologic connection with the surface; and\n(b) Does not include lagoons used for waste treatment and effluent ditches that\nare situated on property owned, leased, or under valid easement by a\npermitted discharger;\n(22) \"Third party\" means a party who is independent  of the corporate structure of a\nsequestration operator;\n(23) \"Underground source of drinking water\" or \"USDW\" has the same meaning as in 40\nC.F.R. sec. 144.3;\n(24) \"Unknown or missing owner\" means a person vested with a present ownership\ninterest in the pore space whose present identity or location cannot be determined\nfrom:\n(a) A reasonable review of county clerk records for the county or counties in\nwhich the prope rty is located, and includes unknown heirs, successors, and\nassigns known to be alive;\n(b) A reasonable inquiry in the county of the owner's last known place of\nresidence;\n(c) A diligent inquiry into known interest owners in the same tract; and\n(d) A reasonable review of available internet resources commonly utilized by the\nindustry; and\n(25) \"US EPA\" means the United States Environmental Protection Agency.","path":["KRS Chapter 353"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57859","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:39Z","sha256":"1fe5ade8fae2eae9dffcf671de01c246833f5207ae8ad5e50008066c0eb1e619","source_id":"us-ky","stale":false,"prev":"us-ky/krs-353.411","next":"us-ky/krs-353.415"},"notice":"GroundRules: Original legal text. Not legal advice."}