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

Affected: IC 14-8-2-225; IC 14-39-2-5

Sec. 1. (a) A responsible officer applying for a carbon sequestration project permit under IC 14-39-2 shall submit a complete carbon sequestration project permit application to the department that includes the following:

(1) The application requirements under IC 14-39-2-5, including the information or documentation submitted by the responsible officer to the United States Environmental Protection Agency (U.S. EPA) with the UIC Class VI permit demonstrating the following:

(A) The applicant has the financial ability to construct, operate, and maintain a carbon sequestration project. The applicant shall give the department a copy of each financial responsibility instrument submitted to the U.S. EPA with the UIC Class VI permit.

(B) The applicant has the managerial and technical ability to construct, operate, and maintain a carbon sequestration project. The applicant demonstrates this by providing to the department the following:

(i) An area of review and corrective action plan.

(ii) A testing and monitoring plan.

(iii) A well plugging plan.

(iv) A postinjection site care and closure plan.

(v) A corrosion monitoring and prevention program.

(vi) An emergency and remedial response plan.

(vii) Construction details.

(C) The applicant, a contractor or subcontractor of the applicant, or an affiliate of the applicant, contractor, or subcontractor have the requisite expertise to construct, operate, and maintain a carbon sequestration project. An applicant shall specify the components to be handled by:

(i) the applicant; and

(ii) a contractor, a subcontractor, or an affiliate.

(D) Information or documentation describing the scope of the proposed carbon sequestration project.

(2) A copy of a federal, state, or local regulatory agency permit required in addition to the UIC Class VI permit with the required statement under IC 14-39-2-5(e)(7).

(3) The name, mailing address, and telephone number of the storage facility and applicant.

(4) The location of each proposed monitoring well and carbon dioxide injection well.

(5) Whether the storage facility is located on Native American land, a historic or an archaeological site, or a public property, as defined by IC 14-8-2-225.

(6) The quantity and quality of carbon dioxide proposed to be injected and stored in the storage facility.

(7) Documentation regarding the following:

(A) A legal proceeding required under Section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) and the applicant's report under Form 10-K.

(B) A description of a judgment entered against the applicant for a civil or an administrative complaint for violating a state or federal environmental protection law that imposed a fine or civil penalty of more than ten thousand dollars ($10,000) on the applicant not more than five (5) years before the date the application is submitted.

(C) A description of a conviction entered against the applicant for violating a state or federal environmental protection law not more than five (5) years before the application is submitted.

(8) Whether the application is an initial application under this section or an application to amend an existing carbon sequestration project permit under section 5 of this rule.

(b) The department may not issue a carbon sequestration project permit under this article if the applicant does not submit a complete application for a carbon sequestration project permit under subsection (a).

(c) The department may issue a carbon sequestration project permit under this article to an applicant that has not received an authorization to inject on the UIC Class VI permit issued by the U.S. EPA.

(Natural Resources Commission; 312 IAC 30-6-1; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)