Indiana § 14-38-3-1 - Membership

§ 14-38-3-1. Membership

Sec. 1. The department may join and become a member of the interstate oil and gas compact commission.

[Pre-1995 Recodification Citation: 13-5-2-1.]

As added by P.L.1-1995, SEC.31.

IC 14-39ARTICLE 39. CARBON DIOXIDE

Ch. 0.5.Rulemaking Ch. 0.6.Definitions Ch. 1.Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide Ch. 2.Underground Storage of Carbon Dioxide

IC 14-39-0.5Chapter 0.5. Rulemaking

14-39-0.5-1Adoption of rules 14-39-0.5-2Rulemaking requirements 14-39-0.5-3Expiration of interim rules

IC 14-39-0.5-1Adoption of rules Sec. 1. The natural resources commission, in coordination with the department, shall adopt rules under IC 4-22-2 to implement this article.

As added by P.L.158-2023, SEC.2. Amended by P.L.161-2026, SEC.37.

IC 14-39-0.5-2Rulemaking requirements Sec. 2. The rules adopted by the commission under section 1 of this chapter:

(1) must include the provisions necessary to the department's discharge of the duties imposed upon the department under this article;

(2) must include the provisions necessary for the department to obtain the primary enforcement authority from the United States Environmental Protection Agency to regulate Class VI underground injection wells; and

(3) may establish fees for the administration and implementation of this article after review by the budget committee. In addition, the amount of the fee determined under this subdivision may not subsequently be increased unless the increase is reviewed by the budget committee.

As added by P.L.158-2023, SEC.2. Amended by P.L.161-2026, SEC.38.

IC 14-39-0.5-3Expiration of interim rules Sec. 3. Notwithstanding IC 14-10-2-5(b), an interim rule adopted by the department under IC 14-10-2-5(a)(22) concerning the department's discharge of the duties imposed upon the department under this article expires according to IC 4-22-2.3-5.

As added by P.L.158-2023, SEC.2. Amended by P.L.93-2024, SEC.121.

IC 14-39-0.6Chapter 0.6. Definitions

14-39-0.6-1Application of definitions 14-39-0.6-2"Abandoned well" 14-39-0.6-3"Aquifer" 14-39-0.6-3.5"Area of review" 14-39-0.6-4"Carbon dioxide" 14-39-0.6-5"Carbon dioxide injection well" 14-39-0.6-6"Carbon dioxide plume" 14-39-0.6-7"Carbon dioxide stream" 14-39-0.6-8"Carbon dioxide transmission pipeline" 14-39-0.6-9"Carbon sequestration" 14-39-0.6-10"Carbon sequestration pilot project" 14-39-0.6-11"Carbon sequestration project" 14-39-0.6-12"Confining zone" 14-39-0.6-12.5"Corrective action" 14-39-0.6-13"Fault" 14-39-0.6-13.5"Injection zone" 14-39-0.6-14"Lithology" 14-39-0.6-15"Mechanical integrity test" 14-39-0.6-16"Mineral lessee" 14-39-0.6-17"Mineral owner" 14-39-0.6-18"Packer" 14-39-0.6-19"Person" 14-39-0.6-20"Pore space" 14-39-0.6-21"Pore space owner" 14-39-0.6-21.5"Post-injection site care" 14-39-0.6-22"Primacy" 14-39-0.6-23"Reservoir" 14-39-0.6-24"Responsible officer" 14-39-0.6-25"Storage facility" 14-39-0.6-26"Storage operator" 14-39-0.6-27"Stratum" 14-39-0.6-28"Surface or subsurface property interest holder" 14-39-0.6-29"Transporting carbon dioxide" 14-39-0.6-30"UIC Class VI permit" 14-39-0.6-31"UIC program" 14-39-0.6-32"Underground source of drinking water" 14-39-0.6-33"Underground storage of carbon dioxide"

IC 14-39-0.6-1Application of definitions Sec. 1. The definitions in this chapter apply throughout this article and 312 IAC 30.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-2"Abandoned well" Sec. 2. "Abandoned well" refers to a well:

(1) whose use has been permanently discontinued; or

(2) which is in a state of disrepair;

such that it cannot be used for its intended purpose or for observation purposes.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-3"Aquifer" Sec. 3. "Aquifer" means:

(1) a geologic formation;

(2) a group of formations; or

(3) part of a formation;

capable of yielding a significant amount of water to a well or spring.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-3.5"Area of review" Sec. 3.5. "Area of review" has the meaning set forth in 40 CFR 146.81.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-4"Carbon dioxide" Sec. 4. "Carbon dioxide" means a fluid consisting of carbon dioxide molecules.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-5"Carbon dioxide injection well" Sec. 5. "Carbon dioxide injection well" refers to a well that meets the following criteria:

(1) Is in compliance with a UIC Class VI permit.

(2) Is used to inject carbon dioxide into a reservoir for carbon sequestration.

(3) Is not experimental in nature.

(4) Is used for geologic sequestration of carbon dioxide beneath the lowermost formation containing an underground source of drinking water.

(5) Is used for geologic sequestration of carbon dioxide that has been granted a waiver of the injection depth requirements.

(6) Is used for geologic sequestration of carbon dioxide that has received an expansion to the areal extent of an existing Class II enhanced oil recovery or enhanced gas recovery aquifer exemption.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-6"Carbon dioxide plume" Sec. 6. "Carbon dioxide plume" means the extent of an underground three-dimensional injected carbon dioxide stream.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-7"Carbon dioxide stream" Sec. 7. (a) "Carbon dioxide stream" means carbon dioxide that:

(1) has been captured from an emission source; and

(2) consists of:

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

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

(b) The term does not include a carbon dioxide stream that is considered hazardous waste under 40 CFR 261.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-8"Carbon dioxide transmission pipeline" Sec. 8. "Carbon dioxide transmission pipeline" means the part of a pipeline in Indiana, including:

(1) appurtenant facilities;

(2) property rights; and

(3) easements;

used exclusively for the purpose of transporting carbon dioxide to a carbon management application, including sequestration, enhanced oil recovery, and deep saline injection, within or outside Indiana.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-9"Carbon sequestration" Sec. 9. (a) "Carbon sequestration" means the long term containment of a:

(1) gaseous;

(2) liquid; or

(3) supercritical;

carbon dioxide stream in subsurface geologic formations.

(b) The term does not apply to carbon dioxide capture or transport.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-10"Carbon sequestration pilot project" Sec. 10. "Carbon sequestration pilot project" refers to the pilot project described in IC 14-39-1-3.5.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-11"Carbon sequestration project" Sec. 11. (a) "Carbon sequestration project" refers to the long term geologic sequestration of a:

(1) gaseous;

(2) liquid; or

(3) supercritical;

carbon dioxide stream in a subsurface geologic formation that requires a UIC Class VI permit.

(b) The term does not apply to carbon dioxide capture or transport.

(c) The term includes the following:

(1) The subsurface three-dimensional extent of the carbon dioxide plume.

(2) The subsurface three-dimensional associated area of elevated pressure.

(3) The subsurface three-dimensional displaced fluids.

(4) The surface area above the delineated region described in subdivisions (1) through (3).

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-12"Confining zone" Sec. 12. "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 and all fluids above an injection zone.

(b) For a carbon dioxide injection well permitted by a UIC Class VI permit under an injection depth waiver, the term means a:

(1) geologic formation;

(2) group of geologic formations; or

(3) part of a geologic formation;

stratigraphically overlying and underlying the injection zone.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-12.5"Corrective action" Sec. 12.5. "Corrective action" means action:

(1) taken by the owner or operator of a permitted Class VI carbon dioxide injection well; and

(2) approved by the director;

to ensure that a carbon dioxide injection well within the area of review does not serve as conduits for the movement of fluids into underground sources of drinking water.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-13"Fault" Sec. 13. "Fault" means a surface or zone or rock fracture along which there has been displacement.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-13.5"Injection zone" Sec. 13.5. "Injection zone" means a geological:

(1) formation;

(2) group of formations; or

(3) part of a formation;

that is conducive to receiving carbon dioxide with a permitted carbon sequestration project.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-14"Lithology" Sec. 14. "Lithology" means the description of rocks on the basis of their physical and chemical characteristics.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-15"Mechanical integrity test" Sec. 15. "Mechanical integrity test" refers to a test performed on a well permitted by a UIC Class VI permit that meets the requirements established under 40 CFR 146.8.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-16"Mineral lessee" Sec. 16. "Mineral lessee" means a lessee identified by the records of the recorder of deeds for each county containing a portion of the proposed reservoir who holds an interest in minerals on real property that are located above, below, or within the proposed reservoir that has been severed from the surface estate by:

(1) grant;

(2) exception;

(3) reservation;

(4) lease; or

(5) any other means.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-17"Mineral owner" Sec. 17. "Mineral owner" means an owner identified by the records of the recorder of deeds for each county containing a portion of the proposed reservoir who holds an interest in minerals on real property that are located above, below, or within the proposed reservoir that has been severed from the surface estate by:

(1) grant;

(2) exception;

(3) reservation;

(4) lease; or

(5) any other means.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-18"Packer" Sec. 18. "Packer" means a device lowered into a well to produce a fluid-tight seal.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-19"Person" Sec. 19. "Person" means:

(1) an individual;

(2) a legal entity;

(3) a government entity; or

(4) an employee of a:

(A) legal entity; or

(B) government entity.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-20"Pore space" Sec. 20. "Pore space" means a subsurface geological cavity or void that is of a sufficient areal extent, thickness, porosity, and permeability to receive and store carbon dioxide through a carbon sequestration project well.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-21"Pore space owner" Sec. 21. "Pore space owner" means:

(1) a person;

(2) a trust;

(3) a corporation; or

(4) another entity;

that has title to, a right to, or an interest in pore space.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-21.5"Post-injection site care" Sec. 21.5. "Post-injection site care" refers to the requirements set forth in 40 CFR 146.93.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-22"Primacy" Sec. 22. "Primacy" means primary enforcement authority over Class VI wells under the Safe Drinking Water Act.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-23"Reservoir" Sec. 23. "Reservoir" means a subsurface geological:

(1) sedimentary stratum;

(2) formation;

(3) saline aquifer;

(4) cavity; or

(5) void;

that is naturally or artificially created for the use of, or is capable of being made suitable for, injecting and storing carbon dioxide.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-24"Responsible officer" Sec. 24. (a) "Responsible officer" means a person who has the authority to legally obligate an entity to comply with federal law.

(b) The term 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 as a permitted signatory by another entity under federal regulations adopted by the department not included under subdivisions (1) through (3).

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-25"Storage facility" Sec. 25. "Storage facility" means the subsurface area consisting of the extent of a carbon dioxide plume which is required to be set forth on an approved UIC Class VI permit or an amendment to a UIC Class VI permit of a storage operator.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-26"Storage operator" Sec. 26. "Storage operator" means:

(1) a person;

(2) a trust;

(3) a corporation; or

(4) another entity;

that owns or operates a carbon sequestration project.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-27"Stratum" Sec. 27. "Stratum" means a single sedimentary bed or layer, regardless of thickness, that consists of generally the same kind of rock material.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-28"Surface or subsurface property interest holder" Sec. 28. "Surface or subsurface property interest holder" means a property interest owner identified by the records of the recorder of deeds for each county containing a portion of the proposed storage facility who holds a fee simple interest or other freehold interest in the surface or subsurface of the property, which may include mineral rights. The term does not include the owner of a right-of-way, an easement, or a leasehold.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-29"Transporting carbon dioxide" Sec. 29. (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.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-30"UIC Class VI permit" Sec. 30. (a) "UIC Class VI permit" means a permit issued under the federal Safe Drinking Water Act's Underground Injection Control program that allows:

(1) a person;

(2) a trust;

(3) a corporation; or

(4) another entity;

to construct or operate a carbon dioxide injection well.

(b) The term does not include a:

(1) draft permit;

(2) proposed permit; or

(3) permit that is not subject to final agency action.

(c) The term does not authorize the transportation of carbon dioxide.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-31"UIC program" Sec. 31. "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.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-32"Underground source of drinking water" Sec. 32. "Underground source of drinking water" means an aquifer or its portion which:

(1) supplies any public water system; or

(2) contains a sufficient quantity of ground water to supply a public water system and:

(A) currently supplies drinking water for human consumption; or

(B) contains fewer than ten thousand (10,000) milligrams per liter of total dissolved solids;

and which is not an exempted aquifer.

As added by P.L.161-2026, SEC.39.

IC 14-39-0.6-33"Underground storage of carbon dioxide" Sec. 33. "Underground storage of carbon dioxide" means the injection and storage of carbon dioxide into underground strata and formations pursuant to at least one (1) UIC Class VI permit.

As added by P.L.161-2026, SEC.39.

IC 14-39-1Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide

14-39-1-1Repealed 14-39-1-2Repealed 14-39-1-2.4Repealed 14-39-1-2.5Repealed 14-39-1-2.6Repealed 14-39-1-2.7Repealed 14-39-1-3Declaration that pipeline transportation and underground storage of carbon dioxide are in the public interest 14-39-1-3.5Carbon sequestration pilot project 14-39-1-4Application for certificate of authority; review; public information meeting; approval procedure 14-39-1-4.5Exception to requirement to obtain a carbon dioxide transmission pipeline certificate of authority 14-39-1-5Confidential information 14-39-1-6Issuing a certificate of authority 14-39-1-7Right of pipeline company or pilot project operator to use eminent domain 14-39-1-8Applicable eminent domain statutes 14-39-1-9Compensation for exercise of eminent domain by pipeline company 14-39-1-10Disclosure of pipeline's actual route 14-39-1-11Administrative adjudication 14-39-1-12Disposition of fee revenue generated 14-39-1-13Repealed 14-39-1-14Possible state assumption of ownership from pilot project operator 14-39-1-15No effect upon oil, gas, and coal 14-39-1-16Title to the pore space; exception 14-39-1-17Duty to provide notice and make a written offer for compensation; requirements for an offer to compensate 14-39-1-18Nonbinding mediation; procedures; costs; consolidated requests; cause of action; remedies 14-39-1-19Siting and setback requirements