(a) Carbon sequestration projects are authorized in Indiana for the purposes of:
- (1) injecting carbon dioxide into the pore space of an underground storage facility through at least one (1) carbon dioxide injection well pursuant to a UIC Class VI permit; and
- (2) employing the underground storage of carbon dioxide.
(b) The department has the authority to adopt regulations consistent with:
- (1) 40 CFR 141 through 146;
- (2) the federal Safe Drinking Water Act (42 U.S.C. 300h(b)(1)); and
(3) any other federal regulation necessary;
to obtain primacy on behalf of the state of Indiana.
- (c) A person may not operate a carbon sequestration project in Indiana without a valid permit issued by the department.
- (d) A permit for a carbon sequestration project may be transferred or assigned from one storage operator to another storage operator.
- (e) All injection activities, including construction of an injection well, are prohibited unless the owner or operator is authorized by permit.
- (f) A person operating a carbon sequestration project in Indiana shall comply with the federal Safe Drinking Water Act (42 U.S.C. 300h(b)(1)) to prevent underground injection which endangers drinking water sources.
(g) The department may, at a reasonable time, enter property on which a carbon dioxide injection well or monitoring well for the storage facility is located to inspect and maintain the well or storage facility. Except in the event of an emergency, the department shall provide advance notice to the owner of the surface property of the date the department intends to enter the property. The notice required by this subsection must be provided at least five (5) business days before the department intends to enter the property. The notice must be delivered by:
- (1) United States mail;
- (2) private courier;
- (3) personal delivery; or
- (4) any other manner agreed to in writing between the department and the owner of the surface property.
As added by P.L.161-2026, SEC.50.