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

Affected: IC 4-21.5; IC 13; IC 14-39-2

Sec. 3. (a) The department may suspend or revoke a carbon sequestration project permit for any of the following reasons:

(1) The permit was issued due to fraud or intentional misrepresentation by the storage operator.

(2) The information or conditions under which the permit was issued changed in a way that is not considered a minor modification under section 4(b) of this rule.

(3) The storage operator failed to maintain the financial responsibility required under this article.

(4) The storage operator violated IC 14-39 or this article.

(5) The storage operator is polluting water or land in violation of IC 13 or IC 14.

(6) The storage operator was issued a written notice of violation by the state and failed to do at least one (1) of the following:

(A) Abate a violation during the prescribed period.

(B) Receive in writing additional time to abate the violation before the abatement period under clause (A) expires.

(C) Request a proceeding under IC 4-21.5.

(7) There is a change to the operating conditions of a monitoring well or carbon dioxide injection well that is not considered a minor modification under section 5(b) of this rule.

(8) If a storage operator who discovers that they:

(A) failed to submit information in a permit application; or

(B) submitted incorrect information in a permit application or report to the department;

fails to immediately notify the department and submit the omitted or correct information to the department.

(b) A written notice of violation issued under subsection (a)(6) must include the following:

(1) The nature of the violation.

(2) The action necessary to abate the violation.

(3) The date by which the violation must be abated.

(4) Notice that a person may file a written request for administrative review of the notice of violation not later than thirty (30) days after the notice is issued under IC 4-21.5.

(c) A written notice of violation under subsection (a)(6) is considered properly served upon:

(1) personal delivery on the storage operator, or the storage operator's designee; or

(2) service by United States first class mail to the address of record on file with the division of reclamation for the department.

(d) The date by which the violation must be abated under subsection (b)(3) may be modified by the department at the storage operator's request demonstrating that:

(1) abatement within the original time established is not practicable due to:

(A) the scope of actions required for abatement; or

(B) circumstances beyond the control of the storage operator; and

(2) a delay in abating the violation will not:

(A) substantially increase the damage to property;

(B) increase the threat to the environment; or

(C) increase the threat to public health or safety.

(e) If the department suspends or revokes a permit under this section, the storage operator shall immediately stop injecting carbon dioxide.

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

(Natural Resources Commission; 312 IAC 30-6-3; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)