SALEM, Ohio — Carbon capture and sequestration could be on its way to Ohio after state legislators passed House Bill 170 through the House on Oct. 8.
The legislation, introduced by state Sen. Monica Robb Blasdel, R-Columbiana, would get the state one step closer to having permitting control (primacy) over Class VI injection wells, which are used to store carbon dioxide in underground rock formations.
Currently, the federal government regulates Class VI injection wells for all but four states that have primacy — Wyoming, North Dakota, Louisiana and West Virginia. Some state legislators and oil and gas industry leaders state that the federal permitting process can take years, making primacy appealing.
“House Bill 170 will streamline the process, promote energy security, environmental protection and ensure Ohio has the tools to attract new projects, jobs and investment,” said state Rep. Bob Peterson, R-Sabina, co-sponsor of the bill.
House Bill 170 establishes regulations for CCS, which is the process of capturing carbon emissions and storing them in Class VI wells. These wells would be overseen by the Ohio Department of Natural Resources; the agency already regulates Class II injection wells that are used to dispose of oil and natural gas wastewater and related fluids.
According to the bill, carbon would be injected into “pore space,” defined as subsurface cavities and voids that are suitable sequestration space for carbon. Pore space is owned by whoever possesses the surface rights directly above it, and this pore space can be sold off.
The bill also states that CCS operators must get consent from at least 70% of landowners to build a CCS well — a process known as forced pooling.
The American Petroleum Institute, the nation’s largest oil and gas trade group, applauded the effort, saying CCS is a critical step forward for Ohio’s energy future.
The Ohio Corn & Wheat Growers Association also praised the House passage of the bill, stating it is a “step forward for the state’s grain farmers, ethanol producers and rural communities.”
“Our farmers want to build a future full of opportunity, one that has a foundation built on value and innovation. This legislation helps make that future possible, strengthening ethanol markets, protecting landowners and keeping Ohio agriculture strong,” said Tadd Nicholson, executive director of the Ohio Corn & Wheat Growers Association, in a statement.
Yet the bill has faced significant opposition from Ohio environmental groups and residents, who say CCS is a dangerous, experimental technology, citing a previous carbon pipeline explosion that left people permanently injured. Carbon dioxide is an odorless and colorless gas, and can be toxic to humans. Class VI injection wells would require carbon pipelines to operate.
“Class VI carbon injection wells have a documented history of being unreliable, ineffective and considering the staggering price tag associated with emergency response and subsequent legal liability, extraordinarily cost-prohibitive,” said Buckeye Environmental Network in a letter to Ohio legislators in February.
The bill passed the state House with a 93 to 4 vote and will now advance to the Ohio Senate.
(Liz Partsch can be reached at epartsch@farmanddairy.com or 330-337-3419.)
