New Mexico Statutes Chapter 74. Environmental Improvement § 74-14-4. Certificate of closure for geologic sequestration units

A. An operator that has obtained a permit for geologic carbon dioxide sequestration may ask for a certificate of closure for that site;  provided that the operator can demonstrate that the storage has demonstrated long-term security, monitoring of the site has not shown significant risk of future leakage and the conditions as provided in Subsection E of Section 6 of the Geologic Carbon Dioxide Storage Stewardship Act are satisfied.

B. The lands to be included on the certificate of closure shall be the reasonably ascertained areal extent of migration of the sequestered carbon dioxide within the formation or formations and shall include all necessary and reasonable areal buffer and subsurface monitoring zones as required by federal or state law, rule, regulation, order or permit.

C. The commissioner of public lands or a state agency may grant to an operator a certificate of closure for geologic sequestration on lands subject to the agency's jurisdiction on such terms as the agency finds are reasonable.

D. The division may grant to an operator a certificate of closure not less than five years after completion of injection activities and satisfaction of the requirements of the Geologic Carbon Dioxide Storage Stewardship Act, allowing for the transfer of stewardship to the state.