Sec. 5. (a) Carbon sequestration projects are authorized in Indiana for the purposes of:

(1) injecting carbon dioxide into the pore space of an underground storage facility through at least one (1) carbon dioxide injection well pursuant to a UIC Class VI permit; and

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2) employing the underground storage of carbon dioxide.

     (b) A storage operator may not operate a carbon sequestration project in Indiana without:

(1) a UIC Class VI permit; and

(2) a valid permit issued by the department.

     (c) If a carbon sequestration project is owned by an entity other than the storage operator, the storage operator shall be responsible for obtaining a permit for a carbon sequestration project under subsection (b). A permit for a carbon sequestration project may be transferred or assigned from one (1) storage operator to another storage operator.

     (d) An individual may apply to the department for a permit for a carbon sequestration project in a form and manner prescribed by the department.

     (e) An application under subsection (d) must include the following:

(1) A filing fee of one thousand dollars ($1,000).

(2) The signature of the applicant.

(3) A statement verifying that the information submitted is true, accurate, and complete to the best of applicant’s knowledge.

(4) Information illustrating that the applicant has the financial, managerial, and technical ability to construct, operate, and maintain a carbon sequestration project.

(5) Information illustrating that the applicant or the contractors or subcontractors of the applicant have the requisite expertise in constructing, operating, and maintaining a carbon sequestration project.

(6) Documentation to the department describing the scope of the proposed carbon sequestration project.

(7) A statement describing how the applicant will construct, operate, and maintain the proposed carbon sequestration project in accordance with applicable local, state, and federal law, including federal and state safety regulations and rules governing the construction, operation, and maintenance of the carbon sequestration project, and related facilities and equipment, to ensure the safety of the carbon sequestration project employees and the public.

(8) A statement that the interests of a mineral lessee or mineral owner will not be adversely affected. If a mineral owner or mineral lessee is adversely affected, the adversely affected mineral owner or mineral lessee and the applicant may enter into an agreement under section 4 of this chapter.

As added by P.L.163-2022, SEC.2.