This text of Indiana § 14-39-2-13 (Certificate of project completion; issuance; requirements) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)A certificate of project completion shall
be issued upon application by the storage operator if the department
finds that the storage operator does the following:
(1)The storage operator is in compliance with all applicable laws
governing the storage facility.
(2)The storage operator shows that the storage facility is
reasonably expected to retain the carbon dioxide stored in the
storage facility.
(3)The storage operator shows that the carbon dioxide in the
storage facility is stable by showing that either:
(A)the stored carbon dioxide is essentially stationary; or
(B)if the stored carbon migrates, the migration is unlikely to
cross the boundaries of the storage facility.
(4)The storage operator shows that all wells, equipment, and
facilities used after the closure period are in
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(a) A certificate of project completion shall
be issued upon application by the storage operator if the department
finds that the storage operator does the following:
(1) The storage operator is in compliance with all applicable laws
governing the storage facility.
(2) The storage operator shows that the storage facility is
reasonably expected to retain the carbon dioxide stored in the
storage facility.
(3) The storage operator shows that the carbon dioxide in the
storage facility is stable by showing that either:
(A) the stored carbon dioxide is essentially stationary; or
(B) if the stored carbon migrates, the migration is unlikely to
cross the boundaries of the storage facility.
(4) The storage operator shows that all wells, equipment, and
facilities used after the closure period are in good condition and
retain mechanical integrity.
(5) The storage operator shows that injection wells have been
plugged.
(6) The storage operator shows that equipment and facilities, not
including fixed structures and long term monitoring equipment
and wells, have been removed.
(7) The storage operator proves that the reclamation work
required by the department where the project ceases to inject
carbon dioxide is completed.
(8) The following with respect to site closure:
(A) The storage operator has provided a notice of intent for site
closure to the United States Environmental Protection Agency.
(B) The United States Environmental Protection Agency has
authorized site closure.
(C) The storage operator has provided:
(i) the site closure report required under 40 CFR 146.93(f) (as
in effect January 1, 2022) to the United States Environmental
Protection Agency; or
(ii) a comparable report to the state regulatory body if the
state assumes primacy for UIC Class VI permitting.
(b) The department shall issue a certificate of project completion not
later than one hundred eighty (180) days after receiving an application
from the storage operator. If the department determines that the
application for a certificate of project completion is incomplete,
inaccurate, or both, the department shall return the application to the
storage operator.
(c) If the department returns the application to the storage operator
under subsection (b), the department shall inform the storage operator,
in writing, of the deficiencies of the submitted application and inform
the storage operator of the right to file a corrected application with the
department.
(d) Once a certificate of completion is issued, the following apply:
(1) Except as provided in subsection (e), the state will assume
ownership of and responsibility for the storage facility.
(2) The state will assume responsibility for all regulatory
requirements associated with the storage facility, and the storage
operator and the owner of the storage facility are released from
responsibility for all regulatory requirements associated with the
storage facility.
(3) The state will assume any potential liability associated with
the storage facility.
(4) The department may, at a reasonable time, enter property on
which a carbon dioxide injection well or monitoring well for the
storage facility is located to inspect and maintain the well or
storage facility. Except in the event of an emergency, the
department shall provide advance notice to the owner of the
surface property of the date the department intends to enter the
property. The notice required by this subdivision must be
provided at least five (5) business days before the department
intends to enter the property. The notice must be delivered by:
(A) United States mail;
(B) private courier;
(C) personal delivery; or
(D) any other manner agreed to in writing between the
department and the owner of the surface property.
(e) The state may:
(1) assume ownership of and responsibility for; or
(2) accept transfer of;
a storage facility with respect to which an interest in or rights to
property are conveyed by a lease agreement only if the lessor and
lessee agree in the lease agreement to transfer the storage facility to the
state. In a transfer described in this subsection, the state assumes
ownership of and responsibility for the storage facility only and does
not assume any other ownership interest, responsibility, or liability
under any other provisions of the lease agreement.
(f) Unless there is documentation to the contrary, the storage
operator has title to the carbon dioxide injected into and stored in a
storage facility, and the storage operator holds title until the department
issues a certificate of completion.