Okla. Stat. tit. 27A, § 27A-3-5-104

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

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 374

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
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

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 375

act with respect to the storage and/or sequestration of carbon

dioxide.