1. (1) An operator seeking to convert an existing Class II well to a Class VI well, for the primary purpose of long-term storage must obtain a CO2 Sequestration facility permit, and a permit for a Class VI well associated with the CO2 Sequestration facility, prior to injecting carbon dioxide. An operator seeking to convert an existing Class II well should consider the criteria specified in Subsection R644-2-5(2) before submitting a CO2 Sequestration facility permit application.

2. (2) The division shall determine when there is an increased risk to USDWs compared to Class II operations and a Class VI permit is required and must consider the following:

   1. (a) Increase in reservoir pressure within each injection zone;
   2. (b) Increase in carbon dioxide injection rates;
   3. (c) Decrease in reservoir production rates;
   4. (d) Distance between the injection zones and USDWs;
   5. (e) Suitability of the Class II enhanced oil or gas recovery area of review delineation;
   6. (f) Quality of any abandoned well plugs within the area of review;
   7. (g) The operator's plan for recovery of carbon dioxide at the cessation of injection;

   8. (h) The source and properties of injected carbon dioxide; and

      1. (i) Any additional site-specific factors as determined by the division.

KEY: oil and gas law

Date of Last Change: July 31, 2025

Authorizing, and Implemented or Interpreted Law: 40-11-3