{"data":{"id":"us-ky/krs-353.459","jurisdiction":"us-ky","citation":"KRS 353.459","heading":"Authority of cabinet to seek federal approval of regulatory program and","body":"responsibility for underground injection control -- Administrative regulations\n-- Requirements.\n(1) In addition to the powers conferred upon the cabinet in other provisio ns of KRS\n353.411 to 353.459, the cabinet may develop, promulgate, and submit for approval\na regulatory program for the purpose of accepting primary responsibility for the\nadministration of the underground injection control program under 42 U.S.C. sec.\n300h et seq. The cabinet shall include in any regulatory program developed in\nadministrative regulations promulgated in accordance with KRS Chapter 13A:\n(a) Regarding the plugging, conversion, maintenance, monitoring, and\nabandonment of Class VI wells, measur es to protect underground sources of\ndrinking water and to prevent their endangerment;\n(b) A prohibition of underground injection through Class VI wells, except as\nauthorized by a Class VI permit issued pursuant thereto;\n(c) The details of the requirements for a permit application, including:\n1. Site characterization;\n2. Operation of injection wells;\n3. A permitting process, including detailed time frames and methods to\nmodify and transfer permits;\n4. Comprehensive monitoring that addresses all aspects of w ell integrity,\ncarbon dioxide injection and sequestration, and air and groundwater\nquality during the injection operation and the post -injection site care\nperiod;\n5.  Financial responsibility ensuring the availability of funds for the life of a\ncarbon dioxide sequestration project, including post -injection site care\nand emergency response; and\n6. Reporting and recordkeeping that provide project -specific information\nto evaluate the site operations and ensure environmental protection;\n(d) The criteria for reviewing compliance with eligibility requirements in KRS\n353.417(12) and procedures for restoration of eligibility for a permit;\n(e) The requisite features of the Class VI underground injection control program,\nincluding those for the:\n1. Administration of the carbon dioxide sequestration facility\nadministration fund established in KRS 353.437;\n2. Issuance of determinations that certify the amount of carbon dioxide\nstored pursuant to individual Class VI underground injection control\npermits issued for that purpose, based upon requests for sequestration\ndetermination;\n3. Issuance of pooling orders as part of the development of a proposed\ncarbon dioxide sequestration project;\n4. Issuance of completion certificates; and\n5. Requirement for owners or operators of Class VI underground injection\ncontrol wells to demonstrate financial responsibility for the cost of\nclosing all Class VI underground injection control wells. The\ndemonstration of financial responsibility may include but is not limited\nto the qualifying instruments required by KRS 353.417;\n(f) The requirements for reasonable public notice and public participation for:\n1. Applications for Class VI underground injection control permits;\n2. Applications for drilling permits;\n3. Issuance of a completion certificate; and\n4. Unknown or missing owners; and\n(g) A schedule of fees to be assessed on applicants and operators. The fees shall\ncover all costs to the cabinet for adminis tering the underground injection\ncontrol program. The schedule of fees shall be reviewed and amended as\nnecessary to ensure that the underground injection control program is fully\nfunded at all times. The cabinet may collect application fees for the drilli ng of\nwells for use as Class VI wells prior to delegation of authority by the US\nEPA.\n(2) Administrative regulations promulgated pursuant to this section to allow for\nassumption of primary responsibility for administration of the underground\ninjection cont rol program under 42 U.S.C. sec. 300h et seq. shall conform to the\nstandards and procedures established by US EPA for Class VI wells.\n(3) Any administrative regulations promulgated pursuant to KRS 353.411 to 353.459\nshall be:\n(a) Promulgated in accordance with KRS Chapter 13A; and\n(b) Deemed to be necessary to prevent the loss of federal or state funds for the\npurposes of KRS 13A.105.\n(4) (a) Any order or final determination of the cabinet that is issued pursuant to KRS\n353.411 to 353.459 shall be subject to review in accordance with KRS\n353.700 and any administrative regulation promulgated thereunder.\n(b) As used in this subsection, \"order or final determination\" includes but is not\nlimited to the issuance, denial, modification, or revocation of a permit, but\ndoes not include the issuance of a letter identifying deficiencies in an\napplication for a permit or other nonfinal determinations.","path":["KRS Chapter 353"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57881","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:39Z","sha256":"ae3ac4d2682de6cd3d1bb04014cfd92da7f779524d3e5c05202742a07a128d66","source_id":"us-ky","stale":false,"prev":"us-ky/krs-353.455","next":"us-ky/krs-353.460"},"notice":"GroundRules: Original legal text. Not legal advice."}