§ 27A-3-5-104 — Memorandum of understanding - Permits - Rules -

Oklahoma § 27A-3-5-104

• Jurisdiction: Oklahoma
• Title 27A: Environment And Natural Resources

Text

Notice requirements - Powers and duties. A. The Corporation Commission may enter into memorandums of understanding with any governmental entity deemed necessary to address areas of implementation of the Oklahoma Carbon Capture and Geologic Sequestration Act that may require interagency cooperation or interaction. B. The operator of a CO2 sequestration facility shall obtain a permit pursuant to the Oklahoma Carbon Capture and Geologic Sequestration Act from the Commission prior to the operation of a CO2 sequestration facility, after the Operator provides notice of the application for such permit pursuant to subsection D of this section, and the Commission has a hearing thereon upon request; provided, that no permit pursuant to the Oklahoma Carbon Capture and Geologic Sequestration Act is required if the facility operator obtains permission, by permit or order, by the Commission pursuant to the rules and regulations of the state’s federally approved Underground Injection Control program and such permission authorizes carbon sequestration or injection of a CO2 stream underground and incorporates any additional requirements adopted pursuant to subsection C of this section. C. To the extent not already authorized by laws governing the state’s federally approved Underground Injection Control program, the Commission may issue and enforce such orders, and may adopt, modify, repeal and enforce such emergency or permanent rules, including establishment of appropriate and sufficient fees to cover the cost of the program, financial sureties or bonds, and monitoring at CO2 sequestration facilities, as may be necessary, for the purpose of regulating the drilling of Class VI CO2 injection wells related to a CO2 sequestration facility, the injection of carbon dioxide, the operation of the CO2 sequestration facility, Class VI CO2 injection well plugging and abandonment, removal of surface buildings and equipment of the CO2 sequestration facility and for any other purpose necessary to implement the provisions of the Oklahoma Carbon Capture and Geologic Sequestration Act. D. The applicant for any permit to be issued pursuant to the Oklahoma Carbon Capture and Geologic Sequestration Act shall give all surface owners and mineral owners, including working interest and royalty owners, well operators, and gas storage operators of the land to be encompassed within the defined geographic boundary of the CO2 sequestration facility as established by the Commission, and whose addresses are known or could be known through the exercise of due diligence, at least fifteen (15) days’ notice of the hearing by mail, return receipt requested. The applicant shall also give notice by two publications, with one publishing at least thirty (30) days prior to the hearing, and again at least fifteen (15) days prior to the hearing, firstly in some newspaper of general circulation published in Oklahoma County and secondly in some newspaper published in the county, or in each county, if there is more than one, in which the defined geographic boundary of the CO2 sequestration facility, as established by the Commission, is situated. The applicant shall file proof of publication and an affidavit of mailing with the Commission prior to the hearing. E. In addition to all other powers and duties prescribed in the Oklahoma Carbon Capture and Geologic Sequestration Act or otherwise by law, and unless otherwise specifically set forth in the Oklahoma Carbon Capture and Geologic Sequestration Act, the Commission shall have the authority to perform any and all acts necessary to carry out the purposes and requirements of the federal Safe Drinking Water Act, as amended, relating to this state’s participation in the federal Underground Injection Control program established under that act with respect to the storage and/or sequestration of carbon dioxide.

Legislative History

Added by Laws 2009, c. 429, § 4, emerg. eff. June 1, 2009. Amended by Laws 2023, c. 353, § 1, emerg. eff. June 7, 2023; Laws 2025, c. 247, § 6, eff. Nov. 1, 2025.