1. (a) The department shall determine when there is an increased risk to underground sources of drinking water and a UIC Class VI permit is required, rather than a Class II permit.

2. (b) To make this determination, the department must consider the following factors:

   1. (1) Increase in reservoir pressure within an injection zone.
   2. (2) Increase in carbon dioxide injection rates.
   3. (3) Decrease in reservoir production rates.
   4. (4) Distance between an 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 other site specific factors required by the department.

As added by P.L.161-2026, SEC.73.