Here is something you don’t see everyday – and the first time I’ve ever seen it. On August 14, EPA Region V (Chicago) issued a Notice of Violation for a carbon sequestration injection well owned and operated by Archer-Daniels-Midland (ADM) in Decatur, Macon County, Illinois. EPA and the states don’t have regulations specifically applicable to carbon dioxide injection similar to rules for hazardous waste underground injection (UIC); instead, the applicable rules are those under the Safe Drinking Water Act (UIC regulations of 40 CFR Parts 144 – 148). While states typically have primacy for regulation development and implementation for most EPA programs, this is one where EPA generally still has direct operating, permitting and inspection authority.
Based on EPA’s June 2024 inspection and review of the facility’s compliance status with the permit from January 1, 2022, to July 1, 2024, EPA issued a Notice of Violation for failure to:
“… meet the requirements of the Permit and the UIC regulations in the following ways:
-
Construction, operation, maintenance, plugging, or conducting any other injection activity in a manner that allows the movement of injection and formation fluids into any unauthorized zones.
-
Failure to follow the Emergency Response and Remediation Plan in accordance with the Permit; and
-
Failure to monitor the well in accordance with the Permit.”
According to Reuters, the company responded that
“it had detected some corrosion in one of its two deep monitoring wells and subsequently plugged it and reported it to the agency, according to a copy of the letter seen by Reuters.
‘At no time was there any impact to the surface or groundwater sources or any threat to public health,’ ADM spokesperson Jackie Anderson said in a statement.”
Even though it appears underground carbon sequestration (um, aka “disposal”…) is currently something of a regulatory gray area (except possibly when used in fracking or enhanced oil recovery), the reality is that such operations are indeed regulated, with enforcement risk a reality.
Our members can learn more about environmental compliance and enforcement here.
If you aren’t already subscribed to our complimentary ESG blog, sign up here for daily updates delivered right to you.
Photo credit: jetcityimage – stock.adobe.com.
