1. (1) A statement of basis shall be prepared for every draft permit. The statement of basis shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The division shall send this statement of basis to the applicant and, on request, to any other person.

2. (2) The statement of basis shall include, when applicable:

   1. (a) A brief description of the type of CO2 Sequestration facility or activity that is the subject of the draft permit;
   2. (b) The quantity and quality of the carbon dioxide, and other constituents, proposed to be injected and stored;
   3. (c) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions;
   4. (d) Reasons why any requested variances or alternatives to required standards do or do not appear justified;

   5. (e) A description of the procedures for reaching a final decision on the draft permit including:

      1. (i) The beginning and ending dates of the comment period under Section R644-6-4 and where comments will be received;
      2. (ii) Details of the public hearing required under Section R644-6-5; and
      3. (iii) Any other procedures by which the public may participate in the final decision;
   6. (f) Name and telephone number of a person to contact for information.
3. (3) All persons identified in Subsections R644-6-3(3)(a)(i) through (3)(a)(iv), shall be mailed or emailed a copy of the statement of basis, the draft permit, and a notice that the permit application will be available online.

KEY: oil and gas law

Date of Last Change: July 31, 2025

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