SAFE CCS Act Signed
On July 18, Governor Pritzker signed the Safety and Aid for the Environment in Carbon Capture and Sequestration Act (SAFE CCS Act). Thanks to public pressure, the work of EJC and its organizational partners, the bill includes some of the strongest carbon capture and sequestration (CCS) protection in the country. But there is more we must do to more fully protect people who live along a CO2 pipeline or rely on the Mahomet Aquifer for their drinking water (see how you can help, below).
CCS is accelerating in Illinois — Without adequate protections
Due to the recent federal tax incentives, CCS projects have been proposed across Illinois. To date, companies are seeking approval to inject CO2 underground through 22 wells in six Illinois counties, and dangerous CO2 pipelines have been proposed to cross 23 counties. Like many states, Illinois was not prepared, and did not have protections for communities or our water.
While Eco-Justice Collaborative has not changed its views on CCS, we knew that communities and landowners with whom we are working needed to be protected by strong regulations. That's why Pam Richart worked with the Illinois Clean Jobs Coalition (ICJC) to engage stakeholders in drafting some of the strongest CCS protections possible. Pam also was part of the negotiations along with four others from the ICJC. Our team worked exceedingly hard to make certain that as many of the protections the ICJC proposed made their way across the "finish line" — despite industry objections. Here are some examples:
1. Regulations and permit requirements for carbon capture, which uses a lot of water and energy and can emit harmful air pollutants.
2. A CO2 pipeline moratorium that lasts until the Pipeline and Hazardous Materials Administration (PHMSA) completes its rulemaking to improve safety and oversight.
3. Most accurate computer modeling to identify areas that would be affected by a CO2pipeline rupture, an emergency response plan that assess risk management, and funding for training and equipment required to respond to an emergency.
4. Regulations and permit requirements for carbon storage more restrictive than those put in place by the U.S. EPA as part of their Class VI permit process, such as monitoring and a mandate for drinking water replacement of drinking water should it become contaminated. The bill prevents companies from turning their projects over to the state after completion.
5. Public involvement for all three parts of the process, with special attention paid to designated Environmental Justice communities. This is huge, since CCS projects can pose an additional risk to communities already overburdened by pollution.
6. A ban on Enhanced Oil Recovery (EOR). Nearly all CO2 captured by industry has been used for EOR. Burning the oil releases CO2 back into the atmosphere, negating any benefits of carbon capture. The SAFE CCS Act bans EOR.
It's a good bill, but there's more to do
As with any negotiations, there was compromise. But this bill was passed without key protections for people living along a CO2 pipeline and for the one million people in Central Illinois who rely on the Mahomet Aquifer for their drinking water. EJC is working with landowners and allies across Illinois to find paths to move these protections forward:
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- Safe Setbacks. EJC will continue our work with landowners and the Illinois Commerce Commission (ICC) to ensure ICC staff evaluates setbacks as part of a CO2 pipeline project. While it may seem surprising, the ICC believes ensuring safe setbacks from a CO2 pipeline is the responsibility of PHMSA. But PHMSA has clearly stated it does not have the authority to route a CO2 pipeline. That responsibility falls on the state.
Why is this important? CO2 is a toxic asphyxiant that can harm or even kill people, depending on the concentration and length of exposure. The Huffington Post featured Dan Zegart's "The Gassing of Satartia" an in-depth expose on a CO2 pipeline rupture near Satartia, Mississippi. Dan's article shows just how dangerous CO2 can be, and why safe distances between CO2 pipelines and occupied buildings are critically important.
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- A Mahomet Aquifer CCS Ban. The Mahomet Aquifer is the primary source of drinking water for nearly one million residents in Central Illinois. Its U.S. EPA designation as a sole source aquifer means less than 50% of the population in its service area would be able to find either a physically available or economically feasible alternative source of drinking water if it becomes contaminated.
No one can guarantee that CO2 won't leak into the Aquifer. If it does, CO2 could leach arsenic, selenium, and other heavy metals from surrounding sand and rock. These toxic metals can cause liver, kidney and intestinal damage, and even cancer when they are ingested by humans. That's why EJC is working with representatives of local governments and other allied groups in Central Illinois to protect the aquifer and its recharge areas with a proposed CCS Ban. That begins with organizing to provide comments on four different storage projects that would affect the aquifer, once the U.S. EPA issues draft permits (expected this fall).
How you can help
As coordinators of the Coalition to Stop CO2 Pipelines we have had the privilege of working with residents and farmers whose concerns about CO2 pipelines and carbon storage are very real. CO2 pipelines were proposed so close to their homes that they would be in grave danger if it ruptured, and unlikely to be rescued in time to avoid serious harm. Those that rely on the Mahomet Aquifer remember the 2016 People's Gas leak in Champaign County near Fisher, that contaminated water as far away as the Village of Mahomet. After eight years and with millions of dollars spent on the design of a new water supply, affected residents still rely on bottled water for daily use.
We hope that you will support our work to obtain these two key protections. We don't expect this to be easy, and, in the coming months, will need your comments to the U.S. EPA and letters and calls to key officials, including Governor Pritzker. Watch our website for opportunities to engage, in addition to specific asks sent out via our newsletter.
Working collaboratively,
Pam and Lan Richart, Co-Directors
Eco-Justice Collaborative