Authority: IC 14-10-2-4; IC 14-10-2-5; IC 14-39-0.5

Affected: IC 14-39-1-3; IC 14-39-2-4; IC 32-34-1.5

Sec. 3. (a) Not later than ninety (90) days after receiving a petition for an involuntary integration order, the department shall notify the petitioner whether the petition for an involuntary integration order is complete or incomplete.

(b) If the department notifies the petitioner that the petition is incomplete, the department shall provide the petitioner with a list of deficiencies in the petition.

(c) The department shall give the petitioner the opportunity to remedy the deficiencies.

(d) If a nonconsenting pore space owner does not submit relevant evidence before the deadline set by the department or an extension requested, or both, under section 2 of this rule, the department shall:

(1) issue an involuntary integration order; or

(2) deny issuing an involuntary integration order;

not later than forty (40) days after receiving a complete petition for an involuntary integration order.

(e) If a nonconsenting pore space owner submits relevant evidence or requests an extension, or both, under section 2 of this rule, the department shall:

(1) issue an involuntary integration order; or

(2) deny issuing an involuntary integration order;

not later than seventy (70) days after receiving a complete petition for an involuntary integration order and relevant evidence submitted.

(f) The department shall notify the pore space owners within the proposed storage facility in writing by first class mail that the involuntary integration order is:

(1) issued; or

(2) denied;

not later than thirty (30) days after the determination is made.

(g) If a petitioner submitted an application for a UIC Class VI permit and the U.S. EPA determines the application contains all the information required to process the application, the involuntary integration order is effective fifteen (15) days after the UIC Class VI permit is issued by the U.S. EPA.

(h) The department shall review an issued involuntary integration order that is not effective under subsection (g) annually. If at least two (2) years have passed since the involuntary integration order was issued and:

(1) the petitioner withdraws their UIC Class VI permit; or

(2) the UIC Class VI permit of the petitioner is denied;

the department may order the petitioner to show good cause for failing to pursue, or be issued, the UIC Class VI permit. If good cause is not shown, the department may revoke the involuntary integration order.

(i) An involuntary integration order must include the following findings:

(1) Integrating pore space is consistent with the authority of the department to:

(A) prevent waste;

(B) protect correlative rights; and

(C) promote efficiency and effectively using natural resources.

(2) The integration constitutes a public use that serves a public interest consistent with the legislative findings under IC 14-39-1-3(2) and IC 14-39-2-4(b).

(3) The equitable compensation to be paid to nonconsenting pore space owners as determined under section 4 of this rule.

(j) If a pore space owner subject to an involuntary integration order:

(1) sells;

(2) transfers; or

(3) assigns;

the pore space to another person after an involuntary integration order is issued, the other person becomes subject to the integration order unless the pore space rights are restored to the current pore space owner.

(k) On the date an involuntary integration order becomes effective, the following occur:

(1) The rights to store carbon dioxide in a Class VI well within the pore space held by the integrated pore space owners are vested exclusively in the petitioner.

(2) The petitioner is required to provide equitable compensation as determined by the division of reclamation to each nonconsenting pore space owner beginning not later than sixty (60) days after the effective date of the involuntary integration order. Equitable compensation under this subdivision may be paid:

(A) at one (1) time; or

(B) if the petitioner and nonconsenting pore space owner reach an agreement, in installments provided under the agreement.

(l) The petitioner shall hold equitable compensation for a pore space owner that is unknown or unlocatable in trust, in an interest-bearing account, for three (3) calendar years after December 31 of the calendar year the petitioner was required to begin making payments under subsection (k).

(m) If the funds held under subsection (l) remain unclaimed after the period of three (3) calendar years under subsection (l), the storage operator shall transfer the funds as unclaimed property to the state under IC 32-34-1.5.

(Natural Resources Commission; 312 IAC 30-5.5-3; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)