NOTICE OF INTENT
Mississippi State Oil & Gas Board
RULE GOVERNING GEOLOGIC SEQUESTRATION
OF CARBON DIOXIDE IN MISSISSIPPI
RULE 70
In accordance with the provisions of the Administrative Procedures Act, Miss. Code Ann. § 25-43-1 et seq., and through the power delegated under Miss. Code Ann. § 53-11-1, notice is hereby given that the Mississippi State Oil & Gas Board (hereinafter the “Board”) proposes to adopt Statewide Rule 70, Rule Governing Geologic Sequestration of Carbon Dioxide in Mississippi (Statewide Rule 70), to facilitate the permitting, siting, construction, operation, monitoring, and site closure of Class VI injection wells, which are used to inject carbon dioxide for the purposes of geologic sequestration.
The Board proposed to adopt provisions governing the regulatory control of the Class VI carbon sequestration program within the Board’s Underground Injection Control (UIC) Program. Class VI wells are a federally-designed well class that inject carbon dioxide gas underground for permanent containment (sequestration), ultimately limiting net emissions for this greenhouse gas. The UIC Program is currently applying for primary enforcement authority from the United States Environmental Protection Agency (USEPA), modifying the UIC Program to include Class VI wells in addition to current regulatory authority for Class II wells. Promulgation of Statewide Rule 70 is required in order to obtain primary enforcement authority from the USEPA.
The copy of the proposed text for Statewide Rule 70 is on file with the Secretary of State and may also be located electronically and downloaded at no cost on the Board’s website at www.ogb.state.ms.us. To open the document to view or download, enter the website into your web browser. On the main page and across the top, select “Hearings-Rules”, then select “Proposed Statewide Rule 70”.
Miss. Code Ann. § 25-43-3.104 provides for public participation prior to the adoption of a proposed rule. For at least twenty-five (25) days after proper filing with the Secretary of State of the notice of proposed rule adoption, the Board shall afford persons the opportunity to submit, in writing, argument, data and views on the proposed rule. All such commentary regarding proposed Statewide Rule 70 may either be addressed directly to Jesse S. New, Jr., Executive Director, Mississippi State Oil & Gas Board, located at 500 Greymont Ave., Suite E, Jackson, MS 39202 or by email at jnew@ogb.state.ms.us. The comment period shall end on August 12, 2026.
In anticipation of a significant degree of public interest and requests, prior to the adoption of Statewide Rule 70 by the Board, the Executive Director will hold an in person oral proceeding at its headquarters, located at 500 Greymont Avenue, Suite E, Jackson, MS 39202, so the public may present their views on the proposed rule. Public notice of the oral proceeding is made herein and in accordance with Miss. Code Ann. § 25-43-1 et seq. and will occur on Thursday, August 13, 2026 at 9:30 a.m. until 12:00 p.m. The Board may issue rules for the conduct of oral rule-making proceedings or prepare reasonable guidelines or procedures for the conduct of any such proceedings. Those rules may include, but not be limited to, provisions calculated to prevent undue repetition in the oral proceedings. Following the oral proceeding, a written transcript of the proceeding will be made available for public review on the Board’s website as soon as it is available. To open the document to view or download, enter the website into your web browser. On the main page and across the top, select “Hearings-Rules”, then select “Transcript for Proposed Class VI Rule”.
At the end of the comment period and following the oral proceeding, the Board shall hold its regularly scheduled and noticed public Board hearing at its earliest convenience and make a decision regarding the adoption of Statewide Rule 70. Prior to the Board’s final decision all responses to public comments will be made available for public review on the Board’s website. To open the document to view or download, enter the website into your web browser. On the main page and across the top, select “Hearings-Rules”, then select “Public Comments and Responses to Proposed Class VI Rule”.
This the 10th day of July, 2026.
STATE OIL & GAS BOARD
By: /s/ Jesse S. New, Jr.
Jesse S. New, Jr.
Oil & Gas Board Supervisor