1. (a) A storage operator that is injecting carbon dioxide for the primary purpose of long term storage into an oil and gas reservoir must apply for and obtain a Class VI geologic sequestration permit when there is an increased risk to underground sources of drinking water compared to Class II operations.

2. (b) In determining if there is an increased risk to underground sources of drinking water, a storage operator must consider the following factors:

   1. (1) Increase in reservoir pressure within the injection zone.
   2. (2) Increase in carbon dioxide injection rates.
   3. (3) Decrease in reservoir production rates.
   4. (4) Distance between the injection zone and underground sources of drinking water.
   5. (5) Suitability of the Class II area of review delineation.
   6. (6) Quality of abandoned well plugs within the area of review.
   7. (7) A storage operator's plan for recovery of carbon dioxide at the cessation of injection.
   8. (8) The source and properties of injected carbon dioxide.
   9. (9) Any additional site specific factors as determined by the department.

As added by P.L.161-2026, SEC.72.