Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 5. The department shall carry out and enforce this chapter. [Pre-1995 Recodification Citation: 13-4-5-3.] As added by P.L.1-1995, SEC.31.

Sec. 6. A person must do the following before drilling a test hole: (1) File a written application for a permit with and receive a permit from the commission. A single permit may authorize the drilling of more than one (1) test hole. (2) Submit a permit fee of one hundred dollars…

Sec. 7. The commission shall do the following: (1) Adopt rules and orders necessary to administer this chapter. (2) Hold hearings at any place in Indiana for the purpose of administering this chapter. A hearing may be conducted by a member of the commission or by the officer, age…

Sec. 8. A permit issued under this chapter expires one (1) year from the date of issuance unless a test hole is drilled within one (1) year. [Pre-1995 Recodification Citation: 13-4-5-6.] As added by P.L.1-1995, SEC.31.

Sec. 9. (a) Subject to subsection (b), if an applicant for a permit to drill or deepen a test hole has complied with this chapter and the rules of the commission, the commission shall issue a permit. (b) The commission may refuse to issue a permit if the drilling of the test hole…

Sec. 1. (a) This chapter applies to primacy granted by the United States Environmental Protection Agency to the department over Class VI wells. (b) This chapter and 312 IAC 30 govern carbon sequestration in the state and establish the criteria and standards necessary for the depa…

Sec. 1.5. (a) Carbon sequestration projects are authorized in Indiana for the purposes of: (1) injecting carbon dioxide into the pore space of an underground storage facility through at least one (1) carbon dioxide injection well pursuant to a UIC Class VI permit; and (2) employi…

Sec. 10. (a) The carbon dioxide storage facility trust fund is established for the purpose of defraying the costs incurred by the department for the long term monitoring and management of, including monitoring and managing the safety of, carbon sequestration projects. The fund sh…

Sec. 10.5. (a) The carbon sequestration project program administrative fund is established for the purpose of defraying the cost of administrative expenses incurred by the department to manage and operate the carbon sequestration project program. The fund shall be administered by…

Sec. 11. (a) A mineral owner or mineral lessee shall provide written notice to a storage operator at least thirty-one (31) days prior to drilling a well if the mineral owner or mineral lessee wishes to drill a well not more than: (1) three hundred thirty (330) feet from the surfa…

Sec. 11.5. (a) A person may not: (1) drill, deepen, or operate a nonproduction well drilled to investigate and obtain data on geological, structural, or hydrogeological stratigraphic intervals for the suitability of underground formations for carbon sequestration; or (2) convert …

Sec. 12. (a) Nothing in this section prohibits recovery by a public utility for any impact on a source of the public water supply from a carbon sequestration project. (b) A claim of subsurface trespass shall not be actionable against a storage operator conducting carbon sequestra…

Sec. 12.1. (a) Except during stimulation, a storage operator must ensure that injection pressure does not exceed ninety percent (90%) of the fracture pressure of an injection zone to ensure that the injection does not initiate new fractures or propagate existing fractures in the …

Sec. 12.2. (a) A UIC Class VI permit may be modified at the request of an interested person in writing or upon the directive of the department. The request must contain each fact or reason supporting the request and any other criteria established by the department. (b) A UIC Clas…

Sec. 12.3. (a) The department shall submit a memorandum of agreement that includes all of the information required under 40 CFR 145.25 to the Regional Administrator for the United States Environmental Protection Agency. (b)The department shall prepare quarterly and annual reports…

Sec. 12.4. The department shall provide in writing to a state, tribe, or territory included in an area of review for a project a map showing the injection well for which a permit is sought and the applicable areas of review. As added by P.L.161-2026, SEC.70.

Sec. 12.5. The department may require, by written notice on a well by well basis, a storage operator to: (1) establish and maintain records; (2) make reports; (3) conduct monitoring; and (4) provide any other information required by the department; to determine whether the storag…

Sec. 12.6. (a) A storage operator that is injecting carbon dioxide for the primary purpose of long term storage into an oil and gas reservoir must apply for and obtain a Class VI geologic sequestration permit when there is an increased risk to underground sources of drinking wate…

Sec. 12.7. (a) The department shall determine when there is an increased risk to underground sources of drinking water and a UIC Class VI permit is required, rather than a Class II permit. (b) To make this determination, the department must consider the following factors: (1) Inc…

Sec. 12.8. (a) Compliance with a UIC Class VI permit during the term of the UIC Class VI permit constitutes compliance, for purposes of enforcement. (b) The department may: (1) modify; (2) revoke; (3) reissue; or (4) terminate; a UIC Class VI permit during its term for a violatio…

Sec. 13. (a) A certificate of project completion shall be issued upon application by the storage operator if the department finds that the storage operator does the following: (1) The storage operator is in compliance with all applicable laws governing the storage facility. (2) T…

Sec. 14. This chapter does not apply to the carbon sequestration pilot project established pursuant to IC 14-39-1. As added by P.L.163-2022, SEC.2.

Sec. 14.5. (a) The following activities are prohibited: (1) Injection without a UIC Class VI permit. (2) Movement of fluid into underground sources of drinking water. (3) Experimental Class VI wells for carbon sequestration. (4) Any action that endangers underground sources of dr…

Sec. 15. (a) A person that violates a requirement under this article is subject to a civil penalty under this section. (b) Except as provided in subsection (d), a person that violates a requirement under this article shall pay to the department a civil penalty as follows: (1) Two…

Sec. 15.5. If any part of this article or 312 IAC 30 is found to be invalid, the remainder of this article or 312 IAC 30, as applicable, is upheld. As added by P.L.161-2026, SEC.78.

Sec. 16. (a) Not later than September 1, 2030, the department shall submit to the budget committee a report that sets forth the following information: (1) The number of metric tons of carbon dioxide injected into the pore space in Indiana during the period: (A) beginning January …

Sec. 3. (a) Before July 1, 2022, this chapter does not alter, amend, diminish, or invalidate ownership of the pore space of real property that has been divided into a surface estate and a mineral estate where ownership of the pore space was acquired or reserved by conveyance docu…

Sec. 4. (a) If at least two (2) pore space owners own pore space located within a proposed carbon dioxide storage area of a storage facility, the owners may agree to integrate their interests to develop the pore space as a proposed storage facility for the underground storage of …

Sec. 5. (a) An individual may apply to the department for a permit for a carbon sequestration project in a form and manner prescribed by the department. (b) A single permit is issued in two (2) phases as follows: (1) A permit to construct and operate. (2) An authorization to inje…

Sec. 5.1. (a) A storage operator must demonstrate to the satisfaction of the department that the wells will be sited in areas with a suitable geologic formation. The storage operator must demonstrate that the geologic formation is composed of the following: (1) An injection zone …

Sec. 5.2. (a) A storage operator must ensure that each Class VI well is constructed and completed for the following: (1) To prevent the movement of fluids into or between underground sources of drinking water or into any unauthorized zones. (2) To permit the use of appropriate te…

Sec. 5.3. During the drilling and construction of a Class VI injection well, a storage operator must: (1) perform appropriate logs; (2) perform surveys and tests to determine or verify the: (A) depth; (B) thickness; (C) porosity; (D) permeability; (E) lithology; and (F) salinity;…

Sec. 5.4. (a) A storage operator may apply to the department for a depth requirement waiver. (b) An application under subsection (a) must include the following: (1) The depth of each proposed injection zone. (2) The location of each injection well. (3) The name and depth of all u…

Sec. 5.5. (a) Upon determining that an application is complete, the department must decide whether to: (1) prepare a draft permit for the public comment process; or (2) deny the application. The department shall notify the applicant of the decision. (b) If the department decides …

Sec. 5.6. (a) The department shall hold a public hearing before issuing a permit. (b) Notice of the hearing must be published for two (2) consecutive weeks in a newspaper of general circulation in each county where the carbon sequestration project is proposed to be located. Publi…

Sec. 5.7. (a) The department shall identify and protect all underground sources of drinking water and all aquifers and parts of aquifers that are underground sources of drinking water. (b) If the United States Environmental Protection Agency determines there is an applicable aqui…

Sec. 6. (a) The department shall review an application submitted under section 5(a) of this chapter. If the department determines that the application submitted under section 5(a) of this chapter is complete, the department shall notify the applicant. (b) The department shall ret…

Sec. 6.2. (a) Before issuing a permit, the department shall consult with the department of environmental management and determine whether the carbon sequestration project will cause pollution or create a nuisance. (b) Before issuing a permit, the department shall make the followi…

Sec. 7. (a) If the department approves an application under section 6 of this chapter, the department shall issue to the applicant a carbon sequestration project permit. (b) When the department issues a permit, it shall also issue a certificate that contains the following informa…

Sec. 7.1. (a) If a person wishes to challenge a determination made by the department, the person may request an informal hearing by the division of reclamation prior to filing for a formal administrative hearing under IC 4-21.5. (b) If the challenging person requests to have an i…

Sec. 8. (a) Except as provided in subsection (b), if a storage operator or an applicant files a verified statement to the department stating the reasons that trade secret or confidential and proprietary information should be disclosed, the storage operator or applicant may disclo…

Sec. 9. (a) A storage operator shall pay the department the fees described in subsections (b) and (c) for every metric ton of carbon dioxide injected for storage. (b) Not later than March 1 of each year, a storage operator shall pay to the department a fee of eight cents ($0.08) …

Sec. 1. A division inspector or a person authorized by the department may at any reasonable time enter upon public or private property to determine if there is a violation of: (1) an article listed in IC 14-25.5-1-1; or (2) a rule adopted under an article listed in IC 14-25.5-1-1…

Sec. 2. The department may issue a written notice of violation if a person violates: (1) an article listed in IC 14-25.5-1-1; or (2) a rule adopted under an article listed in IC 14-25.5-1-1. As added by P.L.145-2002, SEC.3.

Sec. 3. A notice of violation issued under this chapter must include the following: (1) The nature of the violation. (2) The action that is appropriate to mitigate the violation. (3) The date by which the violation must be mitigated. (4) The procedure to obtain an administrative …

Sec. 4. A notice of violation issued under this chapter is governed by IC 4-21.5-3-6. As added by P.L.145-2002, SEC.3.