Applicability; rules; memorandum of agreement

Sec. 1. (a) This chapter applies to primacy granted by the United States Environmental Protection Agency to the department over Class VI wells.

(b) This chapter and 312 IAC 30 govern carbon sequestration in the state and establish the criteria and standards necessary for the department to receive primacy from the United States Environmental Protection Agency for the UIC program for Class VI wells under the Safe Drinking Water Act.

(c) Except as otherwise provided in this chapter, this chapter:

(1) does not apply to extractable mineral resources;

(2) does not preclude the exercise of rights provided by IC 14-37-9; and

(3) applies to the underground storage of carbon dioxide.

(d) The rights and requirements of this chapter:

(1) are subordinate to the rights pertaining to oil and gas resources; and

(2) may not adversely affect oil and gas resources, except as is strictly necessary to construct and maintain a carbon sequestration project that will provide for the permanent storage of carbon dioxide.

(e) The department shall issue any additional rules or requirements essential to ensure the injection and storage of carbon dioxide stream in subsurface geologic formations does not endanger underground sources of drinking water.

(f) The department may enter into a memorandum of agreement to implement this article.

As added by P.L.163-2022, SEC.2. Amended by P.L.161-2026, SEC.49.