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

Affected: IC 4-21.5; IC 14-39

Sec. 8. (a) A petitioner that applies to transfer a carbon sequestration project permit shall apply to transfer an involuntary integration order for the project to the transferee of the carbon sequestration project permit.

(b) At least one hundred twenty (120) days before the intended transfer date, a petitioner issued an involuntary integration order and the transferee for the carbon sequestration project permit shall notify the department of the intent to apply for a transfer of the integration order.

(c) A petitioner and transferee applying to transfer an involuntary integration order shall submit the following with an application for a transfer:

(1) The name, address, telephone number, and email address of the transferee.

(2) The name of each responsible officer acting on behalf of the transferee, and each responsible officer's telephone number and email address.

(3) Proof the transferee meets the same underlying qualifications as the petitioner.

(4) The signature of the petitioner's representative and transferee.

(5) A statement verifying the information submitted is accurate and complete to the best of the knowledge of the petitioner and transferee.

(d) If the department determines the application for a transfer is complete, the department shall notify the transferee, and the transferee shall do the following:

(1) Not later than sixty (60) days after receiving the notice under this subsection:

(A) place a copy of the application for the transfer in a public library located in each county where a storage facility or monitoring well is proposed to be located; and

(B) notify by first class mail:

(i) each unit of government where a storage facility or monitoring well is located; and

(ii) each pore space owner subject to the integration order.

(2) Provide proof of the mailed notice and placement not [sic, later than] thirty (30) days after completing those actions.

(3) Provide the department proof the notice was delivered to a person under subdivision (1)(B).

(e) Not later than ninety (90) days after receiving proof that the notice under subsection (d) was published, the department shall notify the petitioner and transferee in writing by first class mail that the department either approves or denies the transfer.

(f) If the department determines:

(1) the Indiana general assembly or federal government enacted a statute or adopted a regulation that requires denying a transfer;

(2) the petitioner or transferee, or both, failed to provide the department with a complete application for a transfer for one (1) year after initially submitting the application;

(3) the department has concerns about the character and fitness of the transferee;

(4) the transferee fails to satisfy the requirements of this rule;

(5) the transferee demonstrated a pattern of willful violations that resulted in damage to the environment; or

(6) the transferee is a person with a pending notice of violation or civil penalty;

the department shall deny the application. If a finding is made under subdivision (6), however, the transferee is not disqualified from receiving the transfer if the violation was, or is in the process of being, corrected to the satisfaction of the department or the transferee filed and is pursuing administrative review of the violation under IC 4-21.5.

(g) If an application for a transfer is filed and there is a pending notice of violation:

(1) the petitioner that has a pending notice of violation, and its surety, are liable to abate the violation and satisfy any assessed penalty;

(2) the transferee may accept liability to perform the abatement of the violation, and the transferor is required to satisfy any assessed penalty; or

(3) a transferee of an involuntary integration order is liable to abate the violation and for any assessed penalty, after transfer of the involuntary integration order.

The department may waive a penalty for a notice of violation in writing not later than ninety (90) days after the transfer if the department determines the transferee is acting in good faith to abate the violation.

(h) The department shall notify the petitioner and transferee in writing that the department approves or denies the transfer.

(i) The transferee of an involuntary integration order shall assume the rights, duties, and obligations under the order without alteration.

(j) A transfer is effective on the date the written notice approving the transfer under subsection (h) is issued by the department.

(k) A determination under this section is subject to review and appeal under IC 4-21.5.

(Natural Resources Commission; 312 IAC 30-5.5-8; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)