EPA signs proposed rule to approve North Dakota carbon sequestration program

The U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt announced this week that the EPA signed a proposed rulemaking to approve an application by North Dakota that would allow the state to implement and enforce its
own Class VI Underground Injection Control (UIC) program.

Class VI injection wells are used to store carbon dioxide captured from industrial and energy related sources.

“North Dakotans know better than anyone the needs of their environment, economy, and communities,” Pruitt said. “By taking action toward authorizing North Dakota’s Class VI program, we will empower state regulators, provide needed certainty, and advance CCS technologies, all while ensuring drinking water sources remain protected.”

The EPA is proposing to determine that North Dakota is able to enforce its Class VI program in a manner consistent
with the Safe Drinking Water Act (SDWA) and all applicable regulations to protect underground sources of drinking water.

If the EPA gives final approval to the state’s program, the North Dakota Industrial Commission will have primary enforcement responsibility. EPA will continue to administer the UIC Program for wells on Indian lands per the SDWA.

A notice of the proposed rulemaking will be published soon in the Federal Register at which time a 60-day public comment period will begin. After the comment period, the EPA will review and respond to public comments in order to prepare to make a final decision on North Dakota’s application.