- (a) An individual may apply to the department for a permit for a carbon sequestration project in a form and manner prescribed by the department.
(b) A single permit is issued in two (2) phases as follows:
- (1) A permit to construct and operate.
- (2) An authorization to inject.
(c) A complete application under this section must include the following:
(1) A filing fee equal to the product of:
- (A) the given amount of metric tons of carbon dioxide proposed to be injected into the storage facility during the first ten (10) years of the permit for the carbon sequestration project; multiplied by
(B) one cent ($0.01).
The filing fee amount determined under this subdivision shall be collected by the department and deposited in the carbon sequestration project program administrative fund established by section 10.5 of this chapter.
(2) The applicant's:
- (A) name;
- (B) address;
- (C) telephone number;
- (D) electronic mail address;
- (E) ownership status;
(F) status as a:
- (i) federal;
- (ii) state;
- (iii) private;
- (iv) public; or
(v) other;
entity;
- (G) signature; and
- (H) signed copy of the certification described in 40 CFR 144.32(d).
- (3) A statement verifying that the information submitted is true, accurate, and complete to the best of applicant's knowledge.
- (4) Information illustrating that the applicant has the financial, managerial, and technical ability to construct, operate, and maintain a carbon sequestration project.
- (5) Information illustrating that the applicant or the contractors or subcontractors of the applicant have the requisite expertise in constructing, operating, and maintaining a carbon sequestration project.
- (6) Documentation to the department describing the scope of the proposed carbon sequestration project.
- (7) A statement describing how the applicant will construct, operate, and maintain the proposed carbon sequestration project in accordance with applicable local, state, and federal law, including federal and state safety regulations and rules governing the construction, operation, and maintenance of the carbon sequestration project, and related facilities and equipment, to ensure the safety of the carbon sequestration project employees and the public.
- (8) A statement that the interests of a mineral lessee or mineral owner will not be adversely affected. If a mineral owner or mineral lessee is adversely affected, the adversely affected mineral owner or mineral lessee and the applicant may enter into an agreement under section 4 of this chapter.
(9) A map showing the injection well for which a permit is sought and the applicable areas of review consistent with federal regulations. The map must show any known or suspected faults. Within the area of review, the map must show the number, name, and location of the following:
- (A) Injection wells.
- (B) Producing wells.
- (C) Abandoned wells.
- (D) Plugged wells or dry holes.
- (E) Deep stratigraphic boreholes.
- (F) State or United States Environmental Protection Agency approved subsurface cleanup sites.
- (G) Surface bodies of water.
- (H) Springs.
- (I) Surface and subsurface mines.
- (J) Quarries.
- (K) Water wells.
(L) Other pertinent surface features, including structures intended for:
- (i) human occupancy;
- (ii) state, tribal, and territory boundaries; and
(iii) roads.
Only information of public record is required to be included in this map.
- (10) A list of contacts for those states, tribes, and territories identified within the area of review of the Class VI project based on the information required in this section.
- (11) Information on the geologic structure and hydrogeologic properties of the proposed storage site and overlying formations.
- (12) A tabulation of each well within the area of review that penetrates each injection zone or confining zone.
(13) Maps and stratigraphic cross sections indicating:
(A) the general vertical and lateral limits of all:
- (i) underground sources of drinking water; and
- (ii) water wells and springs within the area of review;
- (B) the position of any underground source of drinking water, water well, or spring relative to the positions of each injection zone; and
- (C) directions of water movement, if known.
- (14) Baseline geochemical data on subsurface formations, including all underground sources of drinking water in the area of review.
- (15) Proposed operating data for the proposed geologic sequestration site.
- (16) A proposed preoperational formation testing program to obtain an analysis of the chemical and physical characteristics of the injection zones and confining zone and which meets the requirements of the department.
- (17) A proposed stimulation program, a description of stimulation fluids to be used, and a determination that stimulation will not interfere with containment.
- (18) A proposed procedure to outline steps necessary to conduct injection operation.
- (19) Schematics or other appropriate drawings of the surface and subsurface construction details of the well.
- (20) Injection well construction procedures that meet all requirements of the department.
- (21) A proposed area of review and corrective action plan.
- (22) Proof that financial responsibility requirements of the department are met.
- (23) A proposed testing and monitoring plan.
- (24) A well plugging plan.
- (25) An emergency and remedial response plan.
(26) A post-injection site care and site closure plan or an alternative post-injection site care framework. At any time during the life of the project, a storage operator may modify and resubmit the post-injection site care and site closure plan for approval by the department at least thirty (30) days before the change is made. Upon ceasing injection, a storage operator must do the following:
- (A) Submit an amended post-injection site care and site closure plan.
- (B) Demonstrate through monitoring data and modeling results that an amendment is not needed. An amendment must be approved by the department, must be incorporated into the permit, and is subject to permit modification requirements.
- (C) Submit evidence of managerial and technical ability to construct, operate, and maintain a carbon sequestration project.
- (27) Each local, state, or federal permit obtained by the applicant.
- (28) Any other information required by the department.
- (d) During the first ten (10) years of the permit for a carbon sequestration project, if the carbon sequestration project injects more metric tons of carbon dioxide into the storage facility than was proposed under the original application under subsection (c), the storage operator shall pay the filing fee under subsection (c) for the additional metric tons of carbon dioxide injected into the storage facility during the first ten (10) years of the permit for the carbon sequestration project.
- (e) A fee paid under this section is not refundable by the department.
- (f) The department shall adopt rules that mirror applicable federal regulations to implement this section.
As added by P.L.163-2022, SEC.2. Amended by P.L.25-2025, SEC.6; P.L.213-2025, SEC.136; P.L.161-2026, SEC.53.