SPRINGFIELD — A technology that some say is key to combating climate change and others say is a moneymaker for heavy industry could face new regulations if lawmakers can find the time before their scheduled recess this week.
Carbon capture and sequestration technology would be used to capture carbon dioxide, a potent greenhouse gas, then move it through pipelines and store it deep underground. Several interest groups, including business groups, environmental advocates, and labor unions such as the AFL-CIO, are pushing bills to regulate the emerging technology, while some companies have proposed pipeline plans to state regulators.
But environmentalists and anti-carbon pipeline activists, who have called for a complete moratorium on carbon pipelines in the past, expect any bill to include tougher safety regulations.
While some companies in Illinois and other states are already using the technology on a small scale, the past two years have seen proposals for much larger carbon transport and storage projects. Additionally, the federal government has allocated hundreds of millions of dollars in grants to carbon capture and sequestration projects in recent years, and billions of dollars in tax credits and other subsidies could be provided in the future.
Such large-scale projects and the potential for increased government funding have raised safety concerns, and critics of the technology sometimes point to a 2020 explosion in Certus, Mississippi, that forced the evacuations of hundreds of people and hospitalized nearly 50.
If a carbon pipeline breaks down, carbon dioxide gas can leak into the air and suffocate people within minutes. For this reason, some call for a required “setback” distance between the pipeline and residential buildings.
There are also legal issues with this technology. For example, state laws are currently unclear about who owns the rights to “pore space” (the part of the underground geology where CO2 is stored) and who has long-term legal responsibility. stored carbon.
Additionally, in the wake of the 2020 pipeline accidents, the U.S. Pipeline and Hazardous Materials Safety Administration has begun the process of creating new safety rules, but they have not yet been finalized.
Negotiations between the sides in Springfield have been going on behind the scenes for more than a year and are nearing a tipping point, with people familiar with the negotiations saying Congress passed a bill to regulate carbon pipelines last week. He said he was optimistic about the possibility of this happening. Lawmakers are scheduled to adjourn on May 24th.
Chicago Democratic Rep. Ann Williams said Monday that while she sees a path to passing the bill by the end of this week, she and other lawmakers involved in the talks are working on a very short time frame.
Jack Darling, president of the Sierra Club's Illinois chapter, said lawmakers, environmental groups, business groups and organized labor have been meeting “almost every day” to exchange suggestions on the language of the legislation. He also noted in an interview last week that the governor's office was convening the meeting, which other sources confirmed.
“Carbon capture may be an important climate change solution, but it also comes with significant risks,” Darling added.
Meanwhile, those representing business interests argue that encouraging carbon capture technology could be a win for the state both economically and for its climate change goals. Mark Denzler, president of the Illinois Manufacturers Association, said further sequestration development would “create jobs, generate tax revenue and reduce carbon emissions.”
Lawmakers have proposed various forms of regulation of the industry, but none have received the level of support needed to pass the General Assembly.
Williams proposed a bill in April that would create some safety regulations for owners of carbon pipelines and sequestration facilities. The bill was similar to another bill she introduced last year.
Rep. Jay Hoffman, D-Swansea, introduced another bill in March to regulate the industry, which had support from a coalition of business and labor groups. Like Williams' bill, Hoffman's proposal was similar to one he introduced in 2023.
Both the pending bill in Springfield and pending regulations from the federal government are stalling current carbon sequestration projects in Illinois.
Stephen Kelly, president of Gibson City-based One Earth Energy, is overseeing an 11-mile project to sequester the carbon dioxide his company produces during the ethanol production process.
Kelly hopes the project will help reduce emissions as his company transitions from producing the type of ethanol used in cars and trucks to making aviation fuel.
The Illinois Commerce Commission, which is responsible for approving these types of projects at the state level, is considering granting the company a permit for the project and will likely rule on the matter later this year. Last month, the ICC official responsible for evaluating the project testified to an administrative judge that the ICC should deny the request.
“The lives and safety of Illinoisans must take precedence over business concerns,” ICC senior engineer Mark Maple said in written testimony. “In fact, a pending Illinois bill that would require a moratorium on CO2 pipeline construction pending new (federal) regulations indicates that the General Assembly may share similar safety concerns. There is.”
Lawmakers have not yet imposed new requirements on carbon capture technology, but some groups have pushed for increased safety considerations under the ICC.
Ran Richard, from the Coalition to Stop CO2 Pipelines campaign, said One Earth Energy's project was too large for its planned use and there were concerns about where the dangerous gas would go if the pipeline burst. He said the model used to make the predictions was too simple.
“We're saying we should use more sophisticated models and have setbacks in place to ensure that everyone is rescued in the event of an emergency,” Richard said last week.
Mr. Kelly dismissed some of those concerns in an interview last week, saying his company would “never pursue anything that would be harmful to the planet or to its people.” He also noted that over-regulation could make projects “cost-prohibitive.”
“That would be a huge loss of economic potential,” he said.
