312 IAC 30 — ARTICLE 30. UNDERGROUND STORAGE OF CARBON DIOXIDE

TITLE 312 NATURAL RESOURCES COMMISSION

ARTICLE 30. UNDERGROUND STORAGE OF CARBON DIOXIDE

Rule 1

312 IAC 30-1-1 312 IAC 30-1-1 Applicability

Rule 1. Applicability

312 IAC 30-1-1 Applicability

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

Affected: IC 14-39

Sec. 1. (a) This article provides definitions that apply to this article and are in addition to those definitions set forth in IC 14.

(b) Except as otherwise provided in this article or under IC 14-39, this article applies to the permanent underground storage of carbon dioxide.

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

Rule 2

312 IAC 30-2-1 312 IAC 30-2-1 "Carbon dioxide stream" defined

Rule 2. Definitions

312 IAC 30-2-1 "Carbon dioxide stream" defined

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

Affected: IC 13-11-2-99; IC 14-39

Sec. 1. (a) "Carbon dioxide stream" means carbon dioxide that is:

(1) captured from an emission source or the atmosphere; plus

(2) incidental associated substances derived from the source materials and capture process; and

(3) any substance added to the carbon dioxide to enable or improve the injection process.

(b) The term under subsection (a) does not include a carbon dioxide stream that is considered hazardous waste as defined by IC 13-11-2-99(c).

(Natural Resources Commission; 312 IAC 30-2-1; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-2-2 312 IAC 30-2-2 "Class VI well" defined

312 IAC 30-2-2 "Class VI well" defined

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

Affected: IC 14-39

Sec. 2. "Class VI well" means a well regulated by the United States Environmental Protection Agency under a UIC Class VI permit.

(Natural Resources Commission; 312 IAC 30-2-2; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-2-3 312 IAC 30-2-3 "Confining zone" defined

312 IAC 30-2-3 "Confining zone" defined

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

Affected: IC 14-39

Sec. 3. "Confining zone" means:

(1) a geologic formation;

(2) a group of geologic formations; or

(3) part of a geologic formation;

capable of limiting the movement of the carbon dioxide stream above an injection zone.

(Natural Resources Commission; 312 IAC 30-2-3; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-2-4 312 IAC 30-2-4 "Department" defined

312 IAC 30-2-4 "Department" defined

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

Affected: IC 14-39

Sec. 4. "Department" means the department of natural resources.

(Natural Resources Commission; 312 IAC 30-2-4; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-2-5 312 IAC 30-2-5 "Mechanical integrity test" defined

312 IAC 30-2-5 "Mechanical integrity test" defined

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

Affected: IC 14-39

Sec. 5. "Mechanical integrity test" means a test performed on a Class VI well:

(1) to confirm the Class VI well maintains internal and external mechanical integrity;

(2) that can measure the adequacy of the Class VI well construction; and

(3) that can detect a problem of a Class VI well system, if applicable.

(Natural Resources Commission; 312 IAC 30-2-5; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-2-6 312 IAC 30-2-6 "Responsible officer" defined

312 IAC 30-2-6 "Responsible officer" defined

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

Affected: IC 14-39-1-4

Sec. 6. "Responsible officer", for purposes of IC 14-39-1-4, includes the following:

(1) An authorized officer of a corporation.

(2) A manager of a limited liability company or, if the limited liability company is managed by another company, an authorized officer of the managing company.

(3) A partner in a general, limited, or limited liability partnership or, if the partner is an entity, an authorized officer of the general, limited, or limited liability partnership.

(4) An individual authorized by another entity not included under subdivisions (1) through (3) to sign for and bind the person.

(Natural Resources Commission; 312 IAC 30-2-6; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-2-7 312 IAC 30-2-7 "Transporting carbon dioxide" defined

312 IAC 30-2-7 "Transporting carbon dioxide" defined

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

Affected: IC 14-39-1-4.5

Sec. 7. (a) "Transporting carbon dioxide" means the movement of carbon dioxide to a carbon dioxide injection well located outside the storage facility for which a certificate of authority for a carbon dioxide transmission pipeline is required.

(b) The term under subsection (a) includes a carbon dioxide transmission pipeline that crosses a parcel above pore space that is:

(1) a public right-of-way; or

(2) acquired by:

(A) eminent domain; or

(B) an integration order.

(c) The term under subsection (a) does not include movement of carbon dioxide to a carbon dioxide injection well inside the boundaries of contiguous property owned by an applicant or under IC 14-39-1-4.5.

(Natural Resources Commission; 312 IAC 30-2-7; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-2-8 312 IAC 30-2-8 "Underground Injection Control program" or "UIC program" defined

312 IAC 30-2-8 "Underground Injection Control program" or "UIC program" defined

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

Affected: IC 14-39

Sec. 8. "Underground Injection Control program" or "UIC program" refers to the program carried out by:

(1) the United States Environmental Protection Agency; or

(2) an approved state or tribe;

under the Safe Drinking Water Act to regulate underground injection.

(Natural Resources Commission; 312 IAC 30-2-8; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

Rule 3

312 IAC 30-3-1 312 IAC 30-3-1 Participation; proposed storage facility

Rule 3. Agreements

312 IAC 30-3-1 Participation; proposed storage facility

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

Affected: IC 14-39-2-5

Sec. 1. An applicant for a carbon sequestration project permit and a pore space owner may enter into an agreement for the pore space owner to participate in the proposed storage facility in a way that is compatible with the correlative rights of the applicant and other pore space owners within the proposed storage facility.

(Natural Resources Commission; 312 IAC 30-3-1; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

Rule 4

312 IAC 30-4-1 312 IAC 30-4-1 Preapplication coordination

Rule 4. Preapplication Coordination

312 IAC 30-4-1 Preapplication coordination

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

Affected: IC 14-39-2-5

Sec. 1. (a) A responsible officer applying for a:

(1) carbon dioxide transmission pipeline certificate of authority; or

(2) carbon sequestration project permit;

may engage the department in preapplication coordination with the division of reclamation before submitting an application under this article.

(b) A statement made by the department to an applicant during preapplication coordination is nonbinding.

(Natural Resources Commission; 312 IAC 30-4-1; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

Rule 5

312 IAC 30-5-1 312 IAC 30-5-1 Applicability

Rule 5. Carbon Dioxide Transmission Pipelines

312 IAC 30-5-1 Applicability

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

Affected: IC 14-39-1-4.5

Sec. 1. An applicant for a carbon sequestration project permit under this article is not required to obtain a carbon dioxide transmission pipeline certificate of authority under IC 14-39-1 or this article if the applicant is transporting carbon dioxide to an injection well, so long as the carbon dioxide injection well is located on a parcel of property that is:

(1) owned by the applicant; and

(2) inside the boundaries of contiguous property owned by the applicant;

so that the applicant is only transporting carbon dioxide continuously on property owned by the applicant or under IC 14-39-1-4.5.

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

312 IAC 30-5-2 312 IAC 30-5-2 Application; certificate of authority

312 IAC 30-5-2 Application; certificate of authority

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

Affected: IC 8-1-22.6; IC 14-39-1-4

Sec. 2. (a) A responsible officer for a carbon dioxide transmission pipeline certificate of authority shall submit to the department:

(1) a complete application under IC 14-39-1-4;

(2) the name, address, telephone number, and email address of the applicant;

(3) a map of the proposed pipeline route; and

(4) a statement agreeing to give the department the plans and official pipeline route after the pipeline is installed;

to obtain a carbon dioxide transmission pipeline certificate of authority.

(b) An application for a certificate of authority under this section must include a plan for the pipeline that is signed by a professional engineer.

(Natural Resources Commission; 312 IAC 30-5-2; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-5-3 312 IAC 30-5-3 Financial ability to construct, operate, and maintain pipeline

312 IAC 30-5-3 Financial ability to construct, operate, and maintain pipeline

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

Affected: IC 14-39

Sec. 3. (a) An applicant for a carbon dioxide transmission pipeline certificate of authority shall illustrate a financial ability to construct, operate, and maintain a carbon dioxide transmission pipeline by giving the department documentation proving the applicant obtained the insurance required under subsections (b) and (c).

(b) An applicant shall provide evidence to the department that the applicant maintains liability insurance in the following liability coverage amounts during the construction of a pipeline:

(1) For a pipeline not more than twenty (20) miles:

(A) seven hundred thousand dollars ($700,000) for each person; and

(B) five million dollars ($5,000,000) for each occurrence.

(2) For a pipeline greater than twenty (20) miles:

(A) seven hundred thousand dollars ($700,000) for the first twenty (20) miles; plus

(B) twelve thousand five hundred dollars ($12,500) for each additional mile, or part of an additional mile, for each person; and

(D) twelve thousand five hundred dollars ($12,500) for each additional mile, or part of an additional mile, for each occurrence.

(c) In addition to the amounts required under subsection (b), an applicant shall provide a certificate of insurance to the department as proof the applicant maintains liability insurance in the following minimum liability coverage amounts while constructing, operating, and maintaining a pipeline:

(1) at least:

(A) one million dollars ($1,000,000) for each person; and

(B) five million dollars ($5,000,000) in the aggregate; and

(2) at least:

(A) one million dollars ($1,000,000) for each occurrence; and

(B) five million dollars ($5,000,000) in the aggregate.

(d) An applicant shall not cancel coverage required under subsections (b) and (c) during the construction of a pipeline.

(e) An applicant shall not cancel or otherwise allow coverage to lapse as required under subsection (c) while operating and maintaining a pipeline.

(f) An applicant shall provide a certificate of insurance for the coverage required under subsections (b) and (c):

(1) not later than December 31 each year; or

(2) not later than thirty (30) days before the required coverage under subsections (b) and (c) expires;

whichever is earlier.

(g) An insurer that issues a certificate of public liability insurance to an applicant for a certificate of authority shall notify the department if a change is made to the coverage required under this section.

(h) If the required length of a pipeline increases, an applicant shall obtain the proper insurance coverage required under subsection (b). If the required length of the pipeline decreases, the applicant may obtain decreased insurance coverage under subsection (b). The applicant shall notify the department of the change to coverage under this subsection not later than fourteen (14) days after the change to the required coverage occurs.

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

312 IAC 30-5-4 312 IAC 30-5-4 Managerial and technical ability to construct, operate, and maintain pipeline

312 IAC 30-5-4 Managerial and technical ability to construct, operate, and maintain pipeline

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

Affected: IC 14-39

Sec. 4. (a) An applicant for a carbon dioxide transmission pipeline certificate of authority shall illustrate a managerial and technical ability to construct, operate, and maintain a carbon dioxide transmission pipeline under this section by providing evidence to the department that an individual designated by the applicant, a contractor or subcontractor of the applicant, or an affiliate of the applicant, contractor, or subcontractor to manage the construction of the pipeline:

(1) holds a bachelor's or master's degree in engineering, physics, chemistry, geology, or other physical science and has at least ten (10) years of experience in:

(A) carbon dioxide;

(B) hazardous liquid;

(D) natural gas transmission pipeline design or construction; or

(E) hydrocarbon transmission pipeline design or construction; or

(2) has at least fifteen (15) years of experience in:

(A) carbon dioxide;

(B) hazardous liquid;

(D) natural gas transmission pipeline design or construction; or

(E) hydrocarbon transmission pipeline design or construction.

(b) If an individual under subsection (a) leaves from the applicant's employment before the department issues a certificate of authority and the applicant does not designate another individual under subsection (a), the applicant shall notify the department that the individual has left immediately after the applicant is notified about the departure. The applicant shall notify the department not more than fourteen (14) days after designating a replacement under subsection (a).

(1) eliminate applicable requirements; or

(2) reduce liability;

for the applicant under the Indiana Code or this article.

(Natural Resources Commission; 312 IAC 30-5-4; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-5-5 312 IAC 30-5-5 Experience to construct, operate, and maintain pipeline

312 IAC 30-5-5 Experience to construct, operate, and maintain pipeline

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

Affected: IC 14-39

Sec. 5. An applicant for a carbon dioxide transmission pipeline certificate of authority, a contractor or subcontractor of the applicant, or an affiliate of the applicant, contractor, or subcontractor shall illustrate that the applicant has the requisite experience to construct, operate, and maintain a carbon dioxide transmission pipeline by providing evidence to the department of the following:

(1) The previous experience of the applicant to construct, operate, and maintain a pipeline.

(2) The applicant's history constructing, operating, or maintaining projects in the pipeline and infrastructure industries.

(3) 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.

(4) The experience of the applicant developing a project of similar size and complexity to the proposed pipeline.

(5) The experience of the affiliated entities of the applicant that will be advising or involved in constructing, operating, or maintaining the pipeline.

(6) The insurance requirements under section 3 of this rule.

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

312 IAC 30-5-6 312 IAC 30-5-6 Attestation; compliance with federal, state, and local law

312 IAC 30-5-6 Attestation; compliance with federal, state, and local law

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

Affected: IC 14-39

Sec. 6. (a) An applicant for a carbon dioxide transmission pipeline certificate of authority shall:

(1) submit to the department a sworn statement stating the person intends to comply with federal, state, and local laws; and

(2) provide the required permits to the department after the permits are issued.

(b) An applicant under subsection (a) shall submit to the department a compliance plan that must include a description of the processes to ensure compliance with all applicable federal, state, and local laws regarding carbon dioxide transmission pipeline company employees and the public, including regulations issued by any government agency with jurisdiction over pipelines.

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

312 IAC 30-5-7 312 IAC 30-5-7 Mapping

312 IAC 30-5-7 Mapping

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

Affected: IC 8-1-22.6-10; IC 14-39

Sec. 7. (a) An applicant for a carbon dioxide transmission pipeline certificate of authority shall submit to the department at least one (1) map that depicts the:

(1) proposed location and route of the carbon dioxide transmission pipeline;

(2) length and diameter of the proposed pipeline;

(3) pipeline corridor not more than five hundred (500) feet wide on each side of the proposed pipeline location;

(4) proposed width of a pipeline easement;

(5) proposed width of an accompanying pipeline construction easement;

(6) location of surface facilities and subsurface facilities for the pipeline;

(7) legal description of the proposed pipeline identifying the section, township, range, and county;

(8) location of each:

(A) high consequence area as defined under 49 CFR 192* and 49 CFR 195*; and

(B) unusually sensitive area as defined under 49 CFR 195*;

within the proposed carbon dioxide transmission pipeline corridor;

(9) location of each:

(A) railroad;

(B) public right-of-way;

(D) existing electric transmission line easement within the proposed pipeline corridor under subdivision (3); and

(10) existing property lines and names of persons that own the property through which the pipelines cross, and, if applicable, the property owners included in the list provided to the Indiana utility regulatory commission under IC 8-1-22.6-10.

(b) Information submitted to the department under this section must state the rights related to any proposed easement, including the right to:

(1) keep the easement clear of trees and brush; or

(2) prohibit, restrict, or require conditions for constructing roads and farm crossings over the easement.

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Natural Resources Commission, Indiana Government Center North, 100 North Senate Avenue, Room N103, Indianapolis, IN 46204.

(Natural Resources Commission; 312 IAC 30-5-7; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-5-8 312 IAC 30-5-8 Review; application for certificate of authority

312 IAC 30-5-8 Review; application for certificate of authority

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

Affected: IC 8-23-26; IC 14-39-1-4; IC 36-9-42

Sec. 8. (a) Not later than sixty (60) days after receiving an application for a certificate of authority, the department shall review the application and determine whether the application is incomplete or inaccurate, or both. Subject to subsection (c), if the department determines the application is incomplete or inaccurate, or both, the department shall return the application to the applicant, informing the applicant in writing that they are entitled to file a corrected application. If the department determines the application is complete and accurate, the department shall notify the applicant of the:

(1) determination; and

(2) date, time, and location of the public information meeting to be held under IC 14-39-1-4.

The department shall schedule the public information meeting under subdivision (2) not later than one hundred twenty (120) days after determining whether the application is complete and accurate.

(b) If the department fails to act on an application not later than ninety (90) days after a public information meeting under subsection (a) or (d), the application is considered approved by the department.

(d) The department shall schedule an additional public information meeting as prescribed under subsection (a) if a material change is made to the application that is not:

(1) a minor modification under section 10 of this rule;

(2) a substantive change made due to comments received during a previous public information meeting under subsection (a) or this subsection; or

(3) a federal agency, a state agency, or another unit of government requires the change under IC 8-23-26, IC 36-9-42, or another applicable state or federal law.

The department shall expedite reviewing changes to an application for a certificate of authority under this subsection.

(Natural Resources Commission; 312 IAC 30-5-8; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-5-9 312 IAC 30-5-9 Certificate of authority; use, occupy, and construct in rights-of-way

312 IAC 30-5-9 Certificate of authority; use, occupy, and construct in rights-of-way

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

Affected: IC 8-1-26-7; IC 8-23; IC 14-39-1; IC 36-9-42

Sec. 9. (a) Before a person may obtain a certificate of authority under IC 14-39-1 to use, occupy, and construct pipeline facilities in a designated right-of-way, the person shall obtain the proper authorizations and permits from a state agency or another unit of government that has jurisdiction over the right-of-way under IC 8-23-4.

(b) The authority to use and occupy a designated public right-of-way under this rule is subject to compliance with applicable state and federal requirements for facilities, as defined by IC 8-1-26-7, which occupy rights-of-way, including IC 8-23-6-6, IC 8-23-26, or IC 36-9-42.

(Natural Resources Commission; 312 IAC 30-5-9; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-5-10 312 IAC 30-5-10 Certificate of authority; modifications and amendments

312 IAC 30-5-10 Certificate of authority; modifications and amendments

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

Affected: IC 8-23-26; IC 14-39; IC 36-9-42

Sec. 10. (a) On the carbon dioxide transmission pipeline company's request, the department may modify a carbon dioxide transmission pipeline certificate of authority to make a minor modification under subsection (b) without requiring the storage operator to file an application to amend the carbon sequestration project permit.

(b) A minor modification includes the following:

(1) To correct a typographical error.

(2) To require more frequent monitoring or reporting by a pipeline company.

(3) To change an interim compliance date in a schedule of compliance that:

(A) is not more than one hundred twenty (120) days after the date specified by the existing certificate of authority; and

(B) does not interfere with reaching the required final compliance date.

(4) To change the location of a pipeline by not more than one hundred (100) feet on each side of the proposed pipeline location.

(5) A change to the length of a pipeline because of a change made by a pipeline company under subdivision (4).

(c) Except as provided in subsection (d), a modification to a certificate of authority not processed as a minor modification under subsection (a) must be filed as an application to amend an existing certificate of authority. A pipeline company may file an application to amend a certificate of authority regarding the following:

(1) A change in the carbon dioxide stream to be injected, including the quantity and type.

(2) Except as otherwise provided under subsection (b)(4) or (b)(5), a change to the diameter, length, or location of a pipeline.

(d) A pipeline company is not required to file an application to amend an existing certificate of authority if the pipeline company is required by a state agency or another unit of government to relocate the carbon dioxide transmission pipeline under IC 8-23-26, IC 36-9-42, or another applicable state or federal law.

(Natural Resources Commission; 312 IAC 30-5-10; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-5-11 312 IAC 30-5-11 Certificate of authority; transfer

312 IAC 30-5-11 Certificate of authority; transfer

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

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

Sec. 11. (a) A carbon dioxide transmission pipeline company issued a carbon dioxide transmission pipeline certificate of authority by the department, with the transferee, may apply to the department for a transfer of a certificate of authority if the transferee meets the same underlying qualifications of the pipeline company.

(b) A pipeline company and transferee under subsection (a) shall notify the department of the intent to apply for a transfer at least one hundred twenty (120) days before the intended transfer date. An application for a transfer must be completed as prescribed by the department, including the information required under subsection (c).

(c) A pipeline company and transferee applying for a certificate of authority shall submit the following with an application for a transfer:

(1) Proof the transferee meets the same underlying qualifications as the pipeline company.

(2) The signature of the pipeline company representative and transferee.

(3) A statement verifying the information submitted is accurate and complete to the best of the knowledge of the pipeline company and transferee.

(4) A statement describing how the transferee will construct, operate, and maintain the proposed pipeline under applicable federal, state, and local law, including:

(A) safety regulations and rules governing constructing, operating, and maintaining the carbon dioxide transmission pipeline; and

(B) related facilities and equipment, to ensure the safety of the transferee's employees and the public.

A transferee shall include a copy of a federal, state, or local regulatory agency permit with the statement under this subdivision.

(5) A statement that the interests of a mineral lessee or mineral owner will not be adversely affected by the pipeline.

(6) An agreement between the transferee and mineral lessee or mineral owner under IC 14-39-2-4.

(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 transferee's report under Form 10-K.

(B) A description of a judgment entered against the transferee 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 transferee not more than five (5) years before the date the application was submitted.

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

(d) If the department determines the application for a transfer is complete, the department shall notify the transferee, and the transferee shall do the following:

(1) Not later than sixty (60) days after receiving the notice under this subsection:

(A) place a copy of the application for the transfer in a public library located in each county where the pipeline is proposed to be located for public inspection; and

(B) using the method under 312 IAC 29-5-2(a), notify the following:

(i) Each unit of government where a storage facility, monitoring well, or pipeline is located.

(ii) An owner of a parcel of real estate adjacent to land for which the use is incidental to a pipeline.

(iii) An owner of a parcel of real estate that may be, or is reasonably known to be, affected by injecting carbon dioxide.

(iv) An owner of a parcel of real estate that may be, or is reasonably known to be, affected by constructing a new road, or improving or using an existing road, to gain access to the pipeline.

(2) Provide the department proof that the notice under this subsection was published in accordance with 312 IAC 29-5-2(c) not later than thirty (30) days after publication.

(3) Provide the department proof the notice was delivered to a person under subdivision (1)(B).

(e) Not later than ninety (90) days after receiving proof the notice under subsection (b) was published, the department shall notify the applicant in writing that the department either approves or denies the transfer.

(f) If the department determines:

(1) the Indiana general assembly or federal government enacted a statute or adopted a regulation that requires denying a transfer;

(2) the applicant failed to provide the department with a complete application for a transfer for one (1) year after initially submitting the application;

(3) the department has concerns about the character and fitness of the transferee based on the information under subsection (c)(7);

(4) the transferee fails to satisfy the financial, managerial, and technical requirements of this rule;

(5) the transferee did not complete the requirements under subsection (c);

(6) the transferee demonstrated a pattern of willful violations that resulted in damage to the environment;

(7) the transferee is a person with a pending notice of violation or civil penalty. If this finding is made, however, the transferee is not disqualified from receiving the transfer if:

(A) the violation was, or is in the process of being, corrected to the satisfaction of the department; or

(B) the transferee filed and is pursuing administrative review of the violation under IC 4-21.5; or

(8) the transferee had a certificate of authority revoked;

the department shall deny the application.

(g) If an application for a transfer is filed and there is a pending notice of violation:

(1) the transferor that has a pending notice of violation, and its surety, are liable to abate the violation and satisfy the assessed penalty;

(2) the transferee may accept liability to perform the abatement of the violation, and the transferor is required to satisfy the assessed penalty; or

(3) a transferee of a pipeline certificate of authority is liable to abate the violation and for the assessed penalty, after transfer of the pipeline certificate of authority.

The department may waive a penalty for a notice of violation in writing not later than ninety (90) days after the transfer if the department determines the transferee is acting in good faith to abate the violation.

(h) The department shall notify the transferor and transferee in writing that the department approves or denies the transfer.

(i) A transfer is effective on the date the written notice approving the transfer under subsection (h) is issued by the department.

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

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

312 IAC 30-5-12 312 IAC 30-5-12 Certificate of authority; suspension or revocation

312 IAC 30-5-12 Certificate of authority; suspension or revocation

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

Affected: IC 4-21.5; IC 14-39

Sec. 12. (a) The department may initiate a proceeding to suspend or revoke a carbon dioxide transmission pipeline certificate of authority for the following reasons:

(1) The certificate of authority was issued due to fraud or intentional misrepresentation by the carbon dioxide transmission pipeline company.

(2) The pipeline company failed to start construction not later than two (2) years after the department issues the certificate of authority.

(b) The pipeline company may request one (1) extension of the certificate of authority under subsection (a)(2) for two (2) years.

(c) If the pipeline company does not remedy a violation not later than (30) days after the violation is issued, the department may suspend or revoke the certificate of authority.

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

(Natural Resources Commission; 312 IAC 30-5-12; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

Rule 5.5

312 IAC 30-5.5-1 312 IAC 30-5.5-1 Involuntary integration

Rule 5.5. Integration of Interests to Develop Pore Space

312 IAC 30-5.5-1 Involuntary integration

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

Affected: IC 14-39-2-4

Sec. 1. (a) If all the owners of pore space located within a proposed carbon dioxide storage area of a storage facility do not agree to voluntarily integrate their interests in the pore space under IC 14-39-2-4, a responsible officer who is an applicant for UIC Class VI permit with the United States Environmental Protection Agency (U.S. EPA) may petition the department for an involuntary integration order requiring the pore space owners to integrate their interests to develop the pore space as a proposed storage facility. A petition for involuntary integration must include the following:

(1) A sworn statement that the petitioner has filed a complete UIC Class VI permit application with the U.S. EPA that the U.S. EPA determines contains all the information required to process the application.

(2) Documentary evidence the petitioner obtained consent from the pore space owners underlying at least seventy percent (70%) of the surface area above the proposed storage facility, including the following:

(A) A copy of an agreement with each consenting pore space owner.

(B) Documentary evidence the petitioner attempted to reach an agreement with the nonconsenting pore space owners, including any:

(i) electronic;

(ii) written;

(iii) telephonic; and

(iv) in-person;

communication with the nonconsenting pore space owner.

(3) A description of the reasons voluntary integration cannot be achieved, including:

(A) a summary of dates of meetings, telephone conversations, and other communications where the issue of leasing or pooling was discussed, and the results of those communications; and

(B) if negotiations were conducted, a summary of the final positions of the petitioner and pore space owners.

(4) An organizational report as prescribed by the department, naming the authorized individual permitted to sign documents on behalf of the petitioner, including:

(A) the type of organization;

(B) the name, address, telephone number, and email address for the organization;

(D) the names of partners and limited partners;

(E) the name, title, and signature of each authorized agent; and

(F) affirmation and notarization, including the:

(i) name and signature of the petitioner;

(ii) date signed; and

(iii) name, signature, county of residence, and date of commission expiration for the notary.

(G) If different from clause (B), the name, address, telephone number, and email address of the petitioner.

(5) A description of the land for which integration is requested, including the following:

(A) The name of the proposed storage facility.

(B) The size of the storage facility in surface acres.

(C) A legal description of the storage facility identifying the section, township, range, county, and, if applicable, treaty lines, including the subsurface area consisting of the proposed extent of the carbon dioxide plume.

(D) A legal description of the land to be integrated that is state, county, or municipal land. Federal land cannot be subject to an integration order issued by the department.

(E) A description of the proposed source, including volume, of carbon dioxide to be injected into the proposed storage facility.

(6) A list consisting of the following:

(A) Each known pore space owner.

(B) The size of each parcel.

(D) Whether a pore space owner under clause (A) is a consenting or nonconsenting pore space owner.

(7) If a pore space owner located within a proposed storage facility is unknown or unlocatable, the:

(A) last known address of the pore space owner in the real property records;

(B) documentary evidence the petitioner performed a search that did not produce a last known address for the pore space owner;

(D) documentary evidence the petitioner attempted to contact the pore space owner.

(8) A copy of:

(A) a title;

(B) an easement;

(D) any other conveyance instrument;

regarding the compensation paid to, or agreed to be paid to, a consenting pore space owner within the storage facility.

(9) A description and name of the geologic formations within the proposed storage facility the petitioner believes are suitable for carbon sequestration.

(10) An:

(A) issued UIC Class VI permit; or

(B) electronic copy of the UIC Class VI permit application the U.S. EPA determines contains the information required to process the application.

(11) Documentary evidence showing the petitioner has sufficient funds to provide equitable compensation to a pore space owner not included under subdivision (8).

(12) A list and map of the parcels included in the petition.

(13) A statement whether each parcel included in the petition is acquired by a:

(A) lease agreement; or

(B) fee agreement.

(b) A petitioner may not include in the petition pore space included in another involuntary integration order issued by the department.

(Natural Resources Commission; 312 IAC 30-5.5-1; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)

312 IAC 30-5.5-2 312 IAC 30-5.5-2 Notice; affected pore space owners

312 IAC 30-5.5-2 Notice; affected pore space owners

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

Affected: IC 14-39; IC 25-34.1

Sec. 2. (a) Not later than fourteen (14) days after the department notifies the petitioner under section 3 of this rule that a petition for an involuntary integration order is deemed complete, the petitioner shall provide notice of the petition by first class mail to inform each pore space owner included in the proposed storage facility of the petition for an involuntary integration order.

(b) A notice under subsection (a) must include the following:

(1) Information regarding the:

(A) petitioner; and

(B) scope and nature of the carbon sequestration project, including:

(i) the proposed location of the proposed storage facility;

(ii) the depth and name of the injection formation; and

(iii) any similar information required by the department.

(2) The contact information for the petitioner.

(3) Information advising an affected pore space owner that they are entitled to submit comments and present relevant evidence to determine the fair market value of the pore space included in the petition. Relevant evidence may include an estimate of the pore space value by an appraiser licensed under IC 25-34.1.

(c) The petitioner shall provide proof that the notices required under this section were delivered before the department may establish the required deadline under subsection (d)(1) and evaluate the evidence submitted under subsection (d)(2).

(d) The department shall:

(1) establish a deadline for a nonconsenting pore space owner to submit the information under subsection (b)(3), and the deadline must be not later than sixty (60) days after receiving proof that the notices required under subsection (a) were delivered; and

(2) evaluate the relevant evidence timely submitted by a nonconsenting pore space owner not later than thirty (30) days after the submission deadline under subdivision (1).

(e) At any time before the expiration of the deadline set by the department under subsection (d)(1), a pore space owner subject to the deadline may request one (1) extension of not more than sixty (60) days to present relevant evidence regarding the fair market value of the pore space to the department. The department shall grant a timely request made under this subsection.

(f) The department shall not consider the information submitted by a nonconsenting pore space owner if the nonconsenting pore space owner does not submit the required information by the deadline under subsection (d)(1), or an extension under subsection (e).

(Natural Resources Commission; 312 IAC 30-5.5-2; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)

312 IAC 30-5.5-3 312 IAC 30-5.5-3 Involuntary integration order

312 IAC 30-5.5-3 Involuntary integration order

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

Affected: IC 14-39-1-3; IC 14-39-2-4; IC 32-34-1.5

Sec. 3. (a) Not later than ninety (90) days after receiving a petition for an involuntary integration order, the department shall notify the petitioner whether the petition for an involuntary integration order is complete or incomplete.

(b) If the department notifies the petitioner that the petition is incomplete, the department shall provide the petitioner with a list of deficiencies in the petition.

(d) If a nonconsenting pore space owner does not submit relevant evidence before the deadline set by the department or an extension requested, or both, under section 2 of this rule, the department shall:

(1) issue an involuntary integration order; or

(2) deny issuing an involuntary integration order;

not later than forty (40) days after receiving a complete petition for an involuntary integration order.

(e) If a nonconsenting pore space owner submits relevant evidence or requests an extension, or both, under section 2 of this rule, the department shall:

(1) issue an involuntary integration order; or

(2) deny issuing an involuntary integration order;

not later than seventy (70) days after receiving a complete petition for an involuntary integration order and relevant evidence submitted.

(f) The department shall notify the pore space owners within the proposed storage facility in writing by first class mail that the involuntary integration order is:

(1) issued; or

(2) denied;

not later than thirty (30) days after the determination is made.

(g) If a petitioner submitted an application for a UIC Class VI permit and the U.S. EPA determines the application contains all the information required to process the application, the involuntary integration order is effective fifteen (15) days after the UIC Class VI permit is issued by the U.S. EPA.

(h) The department shall review an issued involuntary integration order that is not effective under subsection (g) annually. If at least two (2) years have passed since the involuntary integration order was issued and:

(1) the petitioner withdraws their UIC Class VI permit; or

(2) the UIC Class VI permit of the petitioner is denied;

the department may order the petitioner to show good cause for failing to pursue, or be issued, the UIC Class VI permit. If good cause is not shown, the department may revoke the involuntary integration order.

(i) An involuntary integration order must include the following findings:

(1) Integrating pore space is consistent with the authority of the department to:

(A) prevent waste;

(B) protect correlative rights; and

(2) The integration constitutes a public use that serves a public interest consistent with the legislative findings under IC 14-39-1-3(2) and IC 14-39-2-4(b).

(3) The equitable compensation to be paid to nonconsenting pore space owners as determined under section 4 of this rule.

(j) If a pore space owner subject to an involuntary integration order:

(1) sells;

(2) transfers; or

(3) assigns;

the pore space to another person after an involuntary integration order is issued, the other person becomes subject to the integration order unless the pore space rights are restored to the current pore space owner.

(k) On the date an involuntary integration order becomes effective, the following occur:

(1) The rights to store carbon dioxide in a Class VI well within the pore space held by the integrated pore space owners are vested exclusively in the petitioner.

(2) The petitioner is required to provide equitable compensation as determined by the division of reclamation to each nonconsenting pore space owner beginning not later than sixty (60) days after the effective date of the involuntary integration order. Equitable compensation under this subdivision may be paid:

(A) at one (1) time; or

(B) if the petitioner and nonconsenting pore space owner reach an agreement, in installments provided under the agreement.

(l) The petitioner shall hold equitable compensation for a pore space owner that is unknown or unlocatable in trust, in an interest-bearing account, for three (3) calendar years after December 31 of the calendar year the petitioner was required to begin making payments under subsection (k).

(m) If the funds held under subsection (l) remain unclaimed after the period of three (3) calendar years under subsection (l), the storage operator shall transfer the funds as unclaimed property to the state under IC 32-34-1.5.

(Natural Resources Commission; 312 IAC 30-5.5-3; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)

312 IAC 30-5.5-4 312 IAC 30-5.5-4 Equitable compensation; pore space; nonconsenting pore space owner

312 IAC 30-5.5-4 Equitable compensation; pore space; nonconsenting pore space owner

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

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

Sec. 4. (a) The division of reclamation shall make a determination of equitable compensation based on the weighted average of consideration paid to consenting pore space owners in the same project, weighted by each consenting pore space owner's percent of pore space. A determination under this section excludes other compensation for grants of additional property or other associated rights for the same project for the consenting pore space owner's proportionate share of the storage facility at the time the petition is filed and includes the determination in the notice to affected pore space owners under section 2 of this rule.

(b) If a nonconsenting pore space owner disagrees with the determination of the division of reclamation under subsection (a), the division shall schedule an informal hearing on the petition for involuntary integration not later than sixty (60) days after receiving the information under sections 1 and 2 of this rule.

(c) The division shall consider relevant evidence submitted timely under section 2 of this rule by a nonconsenting pore space owner regarding whether the equitable compensation determined under this section should be adjusted.

(d) An informal hearing scheduled by the division under this section must be held in a location a reasonable distance from the proposed storage facility. Department employees will hear the relevant evidence presented.

(e) An involuntary integration order issued by the department must include the findings:

(1) under IC 14-39-2-4; and

(2) of the amount of equitable compensation to be paid by the petitioner to a nonconsenting pore space owner for use of the pore space.

(f) An involuntary integration order does not alter agreed compensation or contractual terms between the petitioner and a consenting pore space owner.

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

(Natural Resources Commission; 312 IAC 30-5.5-4; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)

312 IAC 30-5.5-5 312 IAC 30-5.5-5 Priority of petitions

312 IAC 30-5.5-5 Priority of petitions

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

Affected: IC 14-39

Sec. 5. (a) The department may not issue an involuntary integration order for the rights to pore space that have an existing, valid integration order.

(b) If the department receives multiple petitions for an involuntary integration order requesting integrating the same or overlapping pore space, the department may defer making a determination on the petition until:

(1) a petitioner is issued a UIC Class VI permit;

(2) the other petitions are withdrawn; or

(3) the other petitions are amended to avoid overlapping pore space.

(1) at least two (2) petitions are filed that include the same or overlapping pore space; and

(2) the petitioners cannot reach an agreement regarding the overlapping pore space rights;

the department shall give priority to the first petition filed.

(Natural Resources Commission; 312 IAC 30-5.5-5; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)

312 IAC 30-5.5-6 312 IAC 30-5.5-6 Involuntary integration order; amendment

312 IAC 30-5.5-6 Involuntary integration order; amendment

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

Affected: IC 14-39-2-12

Sec. 6. (a) A petitioner issued an involuntary integration order may petition the department to amend the order.

(b) A petition to amend an involuntary integration order is subject to the same procedures and requirements as the original petition for an involuntary integration order.

(c) The department may not issue an amended involuntary integration order unless the petitioner obtains consent from the pore space owners underlying at least seventy percent (70%) of the surface area above the proposed storage facility.

(d) If a petition to amend an involuntary integration order contains a request to reduce the boundaries of an involuntary integration order, the department shall grant the petition if the property to be removed is not within the current or projected carbon dioxide plume based on:

(1) the injection conducted to date; and

(2) planned future injection.

Compensation paid to a pore space owner before the integration order is amended is not to be paid back to the petitioner.

(e) An issued amended involuntary integration order does not waive or diminish rights or protections under IC 14-39-2-12.

(f) An issued amended involuntary integration order does not obligate the petitioner to recalculate a payment previously made to a pore space owner based on the percent of the surface area overlying the storage facility owned by the pore space owner.

(g) An issued amended involuntary integration order does not alter contractual terms between the petitioner and a consenting pore space owner.

(Natural Resources Commission; 312 IAC 30-5.5-6; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)

312 IAC 30-5.5-7 312 IAC 30-5.5-7 Involuntary integration order; expiration; restoration rights of pore space owner

312 IAC 30-5.5-7 Involuntary integration order; expiration; restoration rights of pore space owner

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

Affected: IC 4-21.5; IC 14-39

Sec. 7. (a) An involuntary integration order issued by the department expires five (5) years after issuance if the activity authorized by the order has not started. The department may grant an extension of one (1) year if good cause is shown by the petitioner for failing to start the activity authorized by the involuntary integration order.

(b) A pore space owner subject to an involuntary integration order, or another storage operator, may request that the department reduce the boundaries of an involuntary integration order after injection activity starts in the boundary of the order if:

(1) injection stopped for at least five (5) consecutive years; and

(2) the property requested to be removed from the order is not within the current or projected carbon dioxide plume for the storage facility based on the injection before the injection stopped.

Before reducing the boundary of an involuntary integration order, the department shall notify the petitioner in writing by first class mail of the request to reduce the boundaries and give the petitioner an opportunity to contest the boundary reduction.

(1) an involuntary integration order expires under subsection (a); or

(2) the boundaries of an involuntary integration order are reduced under subsection (b);

the rights and interests vested in the petitioner by the involuntary integration order, which the expired order or boundary reduction is based on, revert to the pore space owner.

(d) If the vested rights and interests are reverted to the pore space owner under subsection (c), the petitioner shall pay any amount due under this rule not later than the date the property is no longer subject to the involuntary integration order. Compensation paid to a pore space owner before the order is amended may not be paid back to the petitioner.

(e) If the vested rights and interests are reverted to the pore space owner, future payments by the petitioner, owed to the pore space owner no longer subject to the involuntary integration order, terminate.

(f) An involuntary integration order that expires under subsection (a), or a reduction to the boundaries of an involuntary integration order under subsection (b), does not alter contractual terms between the petitioner and a consenting pore space owner.

(g) Not later than thirty (30) days after obtaining a determination from the department under this section, a petitioner may request review and appeal of the determination under IC 4-21.5.

(Natural Resources Commission; 312 IAC 30-5.5-7; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)

312 IAC 30-5.5-8 312 IAC 30-5.5-8 Involuntary integration order; transfer

312 IAC 30-5.5-8 Involuntary integration order; transfer

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

Affected: IC 4-21.5; IC 14-39

Sec. 8. (a) A petitioner that applies to transfer a carbon sequestration project permit shall apply to transfer an involuntary integration order for the project to the transferee of the carbon sequestration project permit.

(b) At least one hundred twenty (120) days before the intended transfer date, a petitioner issued an involuntary integration order and the transferee for the carbon sequestration project permit shall notify the department of the intent to apply for a transfer of the integration order.

(c) A petitioner and transferee applying to transfer an involuntary integration order shall submit the following with an application for a transfer:

(1) The name, address, telephone number, and email address of the transferee.

(2) The name of each responsible officer acting on behalf of the transferee, and each responsible officer's telephone number and email address.

(3) Proof the transferee meets the same underlying qualifications as the petitioner.

(4) The signature of the petitioner's representative and transferee.

(5) A statement verifying the information submitted is accurate and complete to the best of the knowledge of the petitioner and transferee.

(d) If the department determines the application for a transfer is complete, the department shall notify the transferee, and the transferee shall do the following:

(1) Not later than sixty (60) days after receiving the notice under this subsection:

(A) place a copy of the application for the transfer in a public library located in each county where a storage facility or monitoring well is proposed to be located; and

(B) notify by first class mail:

(i) each unit of government where a storage facility or monitoring well is located; and

(ii) each pore space owner subject to the integration order.

(2) Provide proof of the mailed notice and placement not [sic, later than] thirty (30) days after completing those actions.

(3) Provide the department proof the notice was delivered to a person under subdivision (1)(B).

(e) Not later than ninety (90) days after receiving proof that the notice under subsection (d) was published, the department shall notify the petitioner and transferee in writing by first class mail that the department either approves or denies the transfer.

(f) If the department determines:

(1) the Indiana general assembly or federal government enacted a statute or adopted a regulation that requires denying a transfer;

(2) the petitioner or transferee, or both, failed to provide the department with a complete application for a transfer for one (1) year after initially submitting the application;

(3) the department has concerns about the character and fitness of the transferee;

(4) the transferee fails to satisfy the requirements of this rule;

(5) the transferee demonstrated a pattern of willful violations that resulted in damage to the environment; or

(6) the transferee is a person with a pending notice of violation or civil penalty;

the department shall deny the application. If a finding is made under subdivision (6), however, the transferee is not disqualified from receiving the transfer if the violation was, or is in the process of being, corrected to the satisfaction of the department or the transferee filed and is pursuing administrative review of the violation under IC 4-21.5.

(g) If an application for a transfer is filed and there is a pending notice of violation:

(1) the petitioner that has a pending notice of violation, and its surety, are liable to abate the violation and satisfy any assessed penalty;

(2) the transferee may accept liability to perform the abatement of the violation, and the transferor is required to satisfy any assessed penalty; or

(3) a transferee of an involuntary integration order is liable to abate the violation and for any assessed penalty, after transfer of the involuntary integration order.

(h) The department shall notify the petitioner and transferee in writing that the department approves or denies the transfer.

(i) The transferee of an involuntary integration order shall assume the rights, duties, and obligations under the order without alteration.

(j) A transfer is effective on the date the written notice approving the transfer under subsection (h) is issued by the department.

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

(Natural Resources Commission; 312 IAC 30-5.5-8; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)

312 IAC 30-5.5-9 312 IAC 30-5.5-9 Involuntary integration order; recording

312 IAC 30-5.5-9 Involuntary integration order; recording

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

Affected: IC 14-39

Sec. 9. (a) A petitioner who obtains an involuntary integration order shall record the order:

(1) for each property for which; and

(2) in each county in which;

the involuntary integration order was obtained.

(b) The petitioner shall pay the cost to record the involuntary integration order.

(Natural Resources Commission; 312 IAC 30-5.5-9; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)

Rule 6

312 IAC 30-6-1 312 IAC 30-6-1 Permit application

Rule 6. Carbon Sequestration Project Permit

312 IAC 30-6-1 Permit application

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)

312 IAC 30-6-2 312 IAC 30-6-2 Permit issuance

312 IAC 30-6-2 Permit issuance

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 14-39-2

Sec. 2. (a) Not later than ninety (90) days after receiving an application under section 1 of this rule, the department shall review the submitted application and determine whether the application is complete and accurate.

(b) If the department determines an application is incomplete or inaccurate, or both, the department shall:

(1) notify the applicant not later than five (5) business days after making the determination that the application contains deficiencies; and

(2) give the applicant an opportunity to remedy the deficiencies not later than fifteen (15) business days after receiving the notice under this subsection before returning the application to the applicant.

After the department gives the applicant an opportunity to remedy the deficiencies under subdivision (2), the department shall return the application to the applicant. If the applicant fails to remedy the deficiencies not later than fifteen (15) business days after receiving the notice under this subsection, the department may deny the application.

(1) The Indiana general assembly or federal government enacted a statute or adopted a regulation that requires denial.

(2) The applicant failed to give the department a complete application for a carbon sequestration project permit for at least one (1) year after initially submitting the application.

(3) The department has concerns about the character and fitness of the applicant based on the information provided to the department under section 1(a)(7) of this rule.

(4) The applicant fails to satisfy the financial, managerial, and technical requirements under 312 IAC 30-5-3 through 312 IAC 30-5-5 and this rule.

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

(Natural Resources Commission; 312 IAC 30-6-2; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-6-2.5 312 IAC 30-6-2.5 Disposition of property owned, operated, or managed by the state

312 IAC 30-6-2.5 Disposition of property owned, operated, or managed by the state

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. 2.5. (a) An applicant should contact a state agency that owns, operates, or manages property the applicant wishes to include in the pore space as early as possible in the application process to determine whether there are property disposition requirements for the state agency.

(b) An applicant that wishes to acquire pore space beneath property owned by the state:

(1) may not be able to obtain an easement for use of the pore space; and

(2) may be required to enter into another type of contractual agreement, including a lease, for use of the pore space.

(Natural Resources Commission; 312 IAC 30-6-2.5; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-6-3 312 IAC 30-6-3 Permit suspension; revocation

312 IAC 30-6-3 Permit suspension; revocation

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.

(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.

(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

(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)

312 IAC 30-6-4 312 IAC 30-6-4 Permit modification; amendment

312 IAC 30-6-4 Permit modification; amendment

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

Affected: IC 14-39-2

Sec. 4. (a) At the storage operator's request, the department may modify a carbon sequestration project permit to make a minor modification to the permit under subsection (b) without requiring the storage operator to file an application to amend the permit.

(b) A minor modification includes the following:

(1) To correct a typographical error.

(2) To require more frequent monitoring or reporting by a storage operator.

(3) To change an interim compliance date in a compliance schedule that:

(A) is not more than one hundred twenty (120) days after the date specified by the existing carbon sequestration project permit; and

(B) does not interfere with finishing by the required final compliance date.

(c) A modification to a carbon sequestration project permit not processed as a minor modification must be filed as an application to amend an existing carbon sequestration project permit. A storage operator may file an application to amend a permit regarding the following:

(1) A change in the carbon dioxide stream to be injected, including the quantity or type.

(2) A change in the construction requirements to a storage facility, monitoring well, or carbon dioxide injection well.

(3) An amendment to:

(A) a testing and monitoring plan;

(B) a plugging plan;

(D) an emergency and remedial response plan.

(d) If a storage operator files an application to amend an existing carbon sequestration project permit under subsection (c), the application is treated as a new carbon sequestration project permit.

(Natural Resources Commission; 312 IAC 30-6-4; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-6-5 312 IAC 30-6-5 Permit transfer

312 IAC 30-6-5 Permit transfer

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 14-39-2-4

Sec. 5. (a) A storage operator issued a carbon sequestration project permit by the department, with the transferee, may apply to the department for a carbon sequestration project permit transfer if the transferee meets the same underlying qualifications as the storage operator.

(b) At least one hundred twenty (120) days before the intended transfer date, a storage operator and transferee under subsection (a) shall notify the department of the intent to apply for a carbon sequestration project permit transfer. An application for a carbon sequestration project permit transfer must be completed as prescribed by the department, including the information required under subsection (c).

(c) A storage operator and transferee that apply for a carbon sequestration project permit shall submit the following with an application for a carbon sequestration project permit transfer:

(1) Proof the transferee is issued a UIC Class VI permit from the United States Environmental Protection Agency (U.S. EPA) and meets the same underlying qualifications of the storage operator.

(2) The name, address, telephone number, and signature of the storage operator and transferee.

(3) A statement verifying the information submitted is accurate and complete to the best of knowledge of the storage operator and transferee.

(4) The information or documentation submitted to the U.S. EPA by the storage operator and transferee with the UIC Class VI permit demonstrating the following:

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

(B) The transferee has the managerial and technical ability to construct, operate, and maintain a carbon sequestration project. The transferee shall give the department a copy of each of the following managerial and technical documents submitted by the transferee to the U.S. EPA for the UIC Class VI permit:

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

(i) the transferee; and

(ii) a contractor or subcontractor of the transferee.

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

(5) A sworn statement describing how the transferee will construct, operate, and maintain the proposed carbon sequestration project to comply with applicable federal, state, and local law, including:

(A) safety regulations and rules governing constructing, operating, and maintaining the carbon sequestration project; and

(B) related facilities and equipment, to ensure the safety of the transferee's employees and the public.

A transferee shall include a copy of a federal, state, or local regulatory agency permit required in addition to the UIC Class VI permit with the statement under this subdivision.

(6) A statement that the interests of a mineral lessee or owner will not be adversely affected.

(7) An agreement between the transferee and a mineral lessee or owner under IC 14-39-2-4.

(8) 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 transferee's report under Form 10-K.

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

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

(9) The date the transfer will occur.

(d) If the department determines the application for a carbon sequestration project permit transfer is complete, the department shall notify the transferee, and the transferee shall do the following:

(1) Not later than sixty (60) days after receiving the notice under this subsection:

(A) place a copy of the application for a carbon sequestration project permit transfer in a public library located in each county where the carbon sequestration project is proposed to be located for public inspection; and

(B) notify the following parties using the method under 312 IAC 29-5-2 as follows:

(i) Each unit of government where a storage facility, monitoring well, or carbon dioxide injection well is located.

(ii) An owner of a parcel of real estate adjacent to land for which the use is incidental to a carbon sequestration project.

(iii) An owner of a parcel of real estate that may be, or is reasonably known to be, affected by the injection of carbon dioxide.

(iv) An owner of a parcel of real estate that may be, or is reasonably known to be, affected by the construction of a new road, or the improvement or use of an existing road, to gain access to a storage facility, monitoring well, or carbon dioxide injection well.

(2) Not later than thirty (30) days after publication, provide the department proof the notice under this subsection was published in accordance with 312 IAC 29-5-2(c).

(3) Provide the department proof the notice was delivered to a person under subdivision (1)(B).

(e) Not later than ninety (90) days after receiving proof the notice under subsection (b) was published, the department shall notify the applicant in writing that the department:

(1) approves the transfer; or

(2) denies the transfer.

(f) The department shall deny a carbon sequestration project permit if it determines any of the following:

(1) The Indiana general assembly or federal government enacted a statute or adopted a regulation that requires denial.

(2) The applicant failed to give the department a complete application for a transfer for one (1) year after initially submitting the application.

(3) The department has concerns about the character and fitness of the transferee based on the information given to the department under subsection (c)(8).

(4) The transferee fails to satisfy the financial, managerial, and technical requirements under this article.

(5) The transferee did not complete the requirements under subsection (c).

(6) The transferee demonstrated a pattern of willful violations resulting in damage to the environment.

(7) The transferee is a person with a pending violation notice or civil penalty under IC 13 or IC 14. If this finding is made, however, the transferee is not disqualified from receiving the transfer if:

(A) the violation is, or is in the process of being, corrected to the satisfaction of the department; or

(B) the transferee filed and is pursuing administrative review of the violation under IC 4-21.5.

(8) The transferee had a carbon sequestration project permit revoked under this rule.

(g) If an application for a permit transfer is filed and a pending violation notice is associated with the carbon sequestration project permit issued to the storage operator:

(1) the transferor that has a pending violation notice, and its surety, are liable to abate the violation and satisfy the assessed penalty;

(2) the transferee may accept liability to perform the violation abatement, and the transferor is required to satisfy the assessed penalty; or

(3) a transferee is liable to perform the violation abatement and for the assessed penalty, after the carbon sequestration project permit transfer.

The department may waive the penalty for a violation notice in writing not later than ninety (90) days after the permit transfer if the department determines that the transferee is acting in good faith to abate the violation.

(h) The department shall issue notice either approving or denying a permit transfer.

(i) A permit transfer is effective on approval in writing by the department.

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

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

Rule 7

312 IAC 30-7-1 312 IAC 30-7-1 Financial responsibility

Rule 7. Ongoing Responsibilities of a Storage Operator

312 IAC 30-7-1 Financial responsibility

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

Affected: IC 14-39

Sec. 1. (a) A storage operator shall provide proof of ongoing financial responsibility to the department annually.

(b) If a storage operator experiences a financial change that affects their ongoing financial responsibility, the storage operator shall notify the department of the financial change not later than thirty (30) days after the financial change occurs.

(c) If proof of financial responsibility is not maintained as required during the carbon sequestration project, the carbon sequestration project permit is invalid.

(d) If a carbon sequestration project permit is considered invalid under subsection (c), a storage operator may not engage in, or claim to be engaged in, a carbon sequestration project until:

(1) the storage operator complies with the financial responsibility requirement under subsection (a); and

(2) the carbon sequestration project permit is considered valid by the department.

(Natural Resources Commission; 312 IAC 30-7-1; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-7-2 312 IAC 30-7-2 Annual reports

312 IAC 30-7-2 Annual reports

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

Affected: IC 14-39

Sec. 2. (a) Except as provided in section 3 of this rule, a storage operator shall file with the department an annual report that includes the following information:

(1) A change to the source or physical, chemical, and other characteristics of the carbon dioxide stream from the data initially provided with the UIC Class VI permit.

(2) The monthly average, highest, and lowest values for injection pressure, flow rate and volume, and annular pressure.

(3) An event that exceeds operating parameters for annulus or injection pressure under the UIC Class VI permit.

(4) An event that triggers a shutoff device and the response to remediate the triggering event.

(5) The annual volume and mass of the carbon dioxide stream injected over the reporting period and the volume injected cumulatively over the life of the project to date.

(6) The results of testing and monitoring required by the United States Environmental Protection Agency for a UIC Class VI permit.

(7) The summarized results of:

(A) the periodic tests of mechanical integrity;

(B) all performed well workovers; and

(8) Updated projections based on actual reservoir operational experience, including geologic data and information. Updated projections under this subdivision refer to the projections for the response and storage capacity of the storage reservoir.

(9) An anomaly in predicted behavior as indicated by the requirements of a carbon sequestration project permit or in the assumptions for which the carbon sequestration project permit is issued must be explained and, if needed, the permit conditions amended under this article.

(10) A summary of any instances of noncompliance with a UIC Class VI permit.

(b) The storage operator shall give the annual report required under subsection (a) to the department not later than sixty (60) days after the end of the calendar year.

(Natural Resources Commission; 312 IAC 30-7-2; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-7-3 312 IAC 30-7-3 Other reporting requirements

312 IAC 30-7-3 Other reporting requirements

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

Affected: IC 14-39

Sec. 3. A storage operator shall notify the department of any instance of:

(1) a well workover; or

(2) noncompliance with a UIC Class VI permit;

not later than thirty (30) days after an instance under subdivision (1) or (2).

(Natural Resources Commission; 312 IAC 30-7-3; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-7-4 312 IAC 30-7-4 Notice; alteration, addition, or change to storage facility

312 IAC 30-7-4 Notice; alteration, addition, or change to storage facility

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

Affected: IC 14-39

Sec. 4. A storage operator shall give notice to the department at least ninety (90) days before:

(1) a planned substantive physical alteration, addition, or change to the storage facility that is likely to have an effect on the scope of the approved application; or

(2) an activity that may result in noncompliance with the requirements of the carbon sequestration project permit.

(Natural Resources Commission; 312 IAC 30-7-4; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

Rule 8

312 IAC 30-8-1 312 IAC 30-8-1 Access to records

Rule 8. Records

312 IAC 30-8-1 Access to records

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

Affected: IC 14-39-2-13

Sec. 1. (a) A storage operator shall:

(1) cooperate with the department; and

(2) allow access to all records and documents;

as required by the department in carrying out the department's duties regarding a carbon sequestration project.

(b) A storage operator shall retain the following records:

(1) Data collected for a carbon sequestration project permit application.

(2) Data regarding the source, nature, and composition of the carbon dioxide stream to be injected under a carbon sequestration project permit.

(3) Records from the closure period, including well plugging reports, post injection site care data, and a final assessment.

(c) Once a project is finished, the storage operator shall deliver the records required under this section to the department.

(d) Except as provided under subsection (e), a storage operator shall:

(1) retain records required under this section; and

(2) transfer the records to the department;

not later than one hundred eighty (180) days after receiving the certificate of project completion from the department under IC 14-39-2-13.

(e) A storage operator shall retain the records under this section until the storage operator is issued a certificate of project completion from the department under IC 14-39-2-13.

(f) The record retention period under subsection (d) may be extended at the request of the department.

(Natural Resources Commission; 312 IAC 30-8-1; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

312 IAC 30-8-2 312 IAC 30-8-2 Inspections

312 IAC 30-8-2 Inspections

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

Affected: IC 14-39

Sec. 2. A storage operator shall allow the department, or an agent or employee of the department, to at reasonable times:

(1) review records at the location where the records are kept; or

(2) copy a record;

under the requirements of a carbon sequestration project permit.

(Natural Resources Commission; 312 IAC 30-8-2; filed September 5, 2025, 11:44 a.m.: 20251001-IR-312250162FRA)

Rule 9

312 IAC 30-9-1 312 IAC 30-9-1 Certificate of project completion; application

Rule 9. Certificate of Project Completion

312 IAC 30-9-1 Certificate of project completion; application

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

Affected: IC 14-39-2-13

Sec. 1. (a) A storage operator may apply for a certificate of project completion from the department after site closure is complete under a UIC Class VI permit.

(b) An application for a certificate of project completion must include the following:

(1) The application requirements under IC 14-39-2-13.

(2) The final postinjection site care and closure plan.

(3) The final emergency and remedial response plan.

(4) The final area of review and corrective action plan, including the most recent reevaluation of the area of review as defined by the United States Environmental Protection Agency (U.S. EPA).

(5) Documentation demonstrating that no additional monitoring is needed to ensure the storage facility does not endanger underground sources of drinking water.

(6) Documentation demonstrating the nature, composition, and volume of the carbon dioxide stream.

(7) The applicant shall submit documentation demonstrating to the department:

(A) the interests the applicant holds in the storage facility;

(B) the consent of each person that owns the storage facility to transfer ownership of the storage facility to the state of Indiana; and

(c) If the department determines the storage operator demonstrated the requirements under subsection (b), the department shall issue a certificate of project completion under IC 14-39-2-13.

(d) If a storage operator applies for a certificate of project completion more than one (1) year after the date the UIC Class VI site closure report is submitted to the U.S. EPA, the department may request the following supplemental information from the storage operator:

(1) Monitoring, modeling, or other technical data collected during the period after the UIC Class VI site closure report is submitted to the U.S. EPA.

(2) A storage facility surface inspection, including remaining surface equipment and facilities, by department personnel.

(e) A corrected application for a certificate of project completion is based on the same procedures and requirements as the initial application.

(Natural Resources Commission; 312 IAC 30-9-1; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)

312 IAC 30-9-2 312 IAC 30-9-2 Certificate of project completion; effect

312 IAC 30-9-2 Certificate of project completion; effect

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

Affected: IC 14-39-2-13

Sec. 2. (a) After the department issues a certificate of project completion:

(1) the rights under IC 14-39-2-13 transfer to the state of Indiana; and

(2) the department shall record the transfer of ownership in each county where a storage facility is located.

(b) The state of Indiana is responsible for regulatory requirements associated with a storage facility, beginning on the date of the transfer, and shall maintain long term care and stewardship obligations for the storage facility under state or federal law using funds under IC 14-39-2. The storage operator and owner of the storage facility are released from responsibility for regulatory requirements under IC 14-39-2.

(c) The state of Indiana is responsible for any potential liability associated with a storage facility that occurs not earlier than the date of the transfer.

(Natural Resources Commission; 312 IAC 30-9-2; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)

312 IAC 30-9-3 312 IAC 30-9-3 Certificate of project completion; invalidation

312 IAC 30-9-3 Certificate of project completion; invalidation

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

Affected: IC 4-21.5; IC 14-39

Sec. 3. (a) If the department finds that a storage operator received a certificate of project completion based on:

(1) intentional misrepresentation to the department;

(2) willful deceit; or

(3) criminal wrongdoing;

which the department relied on, the department may petition the commission to issue a violation. If the storage operator cannot remedy the violation within thirty (30) days after the violation is issued, the certificate of project completion is invalidated and void.

(b) If a certificate of project completion is invalidated and voided under subsection (a), the rights and liabilities transferred to the state of Indiana immediately transfer back to the storage operator and owner of the storage facility.

(Natural Resources Commission; 312 IAC 30-9-3; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)

312 IAC 30 — ARTICLE 30. UNDERGROUND STORAGE OF CARBON DIOXIDE

Rule 1

312 IAC 30-1-1 312 IAC 30-1-1 Applicability

Rule 2

312 IAC 30-2-1 312 IAC 30-2-1 "Carbon dioxide stream" defined

312 IAC 30-2-2 312 IAC 30-2-2 "Class VI well" defined

312 IAC 30-2-3 312 IAC 30-2-3 "Confining zone" defined

312 IAC 30-2-4 312 IAC 30-2-4 "Department" defined

312 IAC 30-2-5 312 IAC 30-2-5 "Mechanical integrity test" defined

312 IAC 30-2-6 312 IAC 30-2-6 "Responsible officer" defined

312 IAC 30-2-7 312 IAC 30-2-7 "Transporting carbon dioxide" defined

312 IAC 30-2-8 312 IAC 30-2-8 "Underground Injection Control program" or "UIC program" defined

Rule 3

312 IAC 30-3-1 312 IAC 30-3-1 Participation; proposed storage facility

Rule 4

312 IAC 30-4-1 312 IAC 30-4-1 Preapplication coordination

Rule 5

312 IAC 30-5-1 312 IAC 30-5-1 Applicability

312 IAC 30-5-2 312 IAC 30-5-2 Application; certificate of authority

312 IAC 30-5-3 312 IAC 30-5-3 Financial ability to construct, operate, and maintain pipeline

312 IAC 30-5-4 312 IAC 30-5-4 Managerial and technical ability to construct, operate, and maintain pipeline

312 IAC 30-5-5 312 IAC 30-5-5 Experience to construct, operate, and maintain pipeline

312 IAC 30-5-6 312 IAC 30-5-6 Attestation; compliance with federal, state, and local law

312 IAC 30-5-7 312 IAC 30-5-7 Mapping

312 IAC 30-5-8 312 IAC 30-5-8 Review; application for certificate of authority

312 IAC 30-5-9 312 IAC 30-5-9 Certificate of authority; use, occupy, and construct in rights-of-way

312 IAC 30-5-10 312 IAC 30-5-10 Certificate of authority; modifications and amendments

312 IAC 30-5-11 312 IAC 30-5-11 Certificate of authority; transfer

312 IAC 30-5-12 312 IAC 30-5-12 Certificate of authority; suspension or revocation

Rule 5.5

312 IAC 30-5.5-1 312 IAC 30-5.5-1 Involuntary integration

312 IAC 30-5.5-2 312 IAC 30-5.5-2 Notice; affected pore space owners

312 IAC 30-5.5-3 312 IAC 30-5.5-3 Involuntary integration order

312 IAC 30-5.5-4 312 IAC 30-5.5-4 Equitable compensation; pore space; nonconsenting pore space owner

312 IAC 30-5.5-5 312 IAC 30-5.5-5 Priority of petitions

312 IAC 30-5.5-6 312 IAC 30-5.5-6 Involuntary integration order; amendment

312 IAC 30-5.5-7 312 IAC 30-5.5-7 Involuntary integration order; expiration; restoration rights of pore space owner

312 IAC 30-5.5-8 312 IAC 30-5.5-8 Involuntary integration order; transfer

312 IAC 30-5.5-9 312 IAC 30-5.5-9 Involuntary integration order; recording

Rule 6

312 IAC 30-6-1 312 IAC 30-6-1 Permit application

312 IAC 30-6-2 312 IAC 30-6-2 Permit issuance

312 IAC 30-6-2.5 312 IAC 30-6-2.5 Disposition of property owned, operated, or managed by the state

312 IAC 30-6-3 312 IAC 30-6-3 Permit suspension; revocation

312 IAC 30-6-4 312 IAC 30-6-4 Permit modification; amendment

312 IAC 30-6-5 312 IAC 30-6-5 Permit transfer

Rule 7

312 IAC 30-7-1 312 IAC 30-7-1 Financial responsibility

312 IAC 30-7-2 312 IAC 30-7-2 Annual reports

312 IAC 30-7-3 312 IAC 30-7-3 Other reporting requirements

312 IAC 30-7-4 312 IAC 30-7-4 Notice; alteration, addition, or change to storage facility

Rule 8

312 IAC 30-8-1 312 IAC 30-8-1 Access to records

312 IAC 30-8-2 312 IAC 30-8-2 Inspections

Rule 9

312 IAC 30-9-1 312 IAC 30-9-1 Certificate of project completion; application

312 IAC 30-9-2 312 IAC 30-9-2 Certificate of project completion; effect

312 IAC 30-9-3 312 IAC 30-9-3 Certificate of project completion; invalidation

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