Illinois adopts carbon capture and storage regulations

Carbon dioxide pipeline projects will face new scrutiny and regulations under legislation signed into law by Gov. J.B. Pritzker on Thursday.

The Safety and Aid for the Environment in Carbon Capture and Sequestration Act creates standards for the burgeoning carbon capture and storage industry.

Included in the measure is a two-year moratorium on the construction of CO2 pipelines in Illinois, joining only California with a ban in place. Proponents said the pause will give the federal Pipelines and Hazardous Materials Safety Administration (PHMSA) time to update new rules to improve safety and oversight of pipeline projects.

PHMSA launched this process in 2020 in the wake of a CO2 pipeline rupture in Satartia, Mississippi, that hospitalized 45 people with life-threatening symptoms and forced 200 people to evacuate the area.

“Illinois really is a national model for the deployment of this technology, and our success will help catalyze the fight against climate change,” Pritzker said at the bill signing in Decatur.

The Illinois Clean Jobs Coalition said the measure will protect the state and its residents.

“The moratorium on CO2 pipelines and the mandate that pipeline operators pay for and conduct enhanced modeling for emergency planning and first responders are critical steps to better protect Illinois from potential pipeline ruptures," the group said in a statement. "In addition, the 'do no harm' mandate in the law will ensure that facilities that attempt to capture carbon do not increase dangerous air and climate pollution as a result of CCS projects."

Agriculture groups, including the Illinois Farm Bureau, are upset about the lack of protection for property owners who could have pipelines running under their land without required adequate compensation.

State Sen. Sally Turner, R-Beason, raised concerns about eminent domain issues.

“While I respect efforts to modernize our energy industry, I fear that this legislation poses far too many significant risks to the citizens of our state, particularly when it comes to potential groundwater contamination and carbon dioxide leaks or ruptures of the pipelines," she said. "In addition to those real and present risks, I am also greatly concerned about the eminent domain threats against property owners contained within the law. The way that the law is written, some landowners who do not quickly choose to sell their rights may receive unfair compensation.”