A new Pennsylvania law paves the way for the state to oversee the practice of storing carbon dioxide emissions deep underground.
Gas industry groups are applauding passage of the Carbon Capture and Sequestration Act, while environmental advocates are divided.
Trapping emissions rather than releasing them into the atmosphere is a proposed solution for cleaning up some industries that are hard to electrify, such as steel-making and cement production.
Carbon dioxide holds heat in the atmosphere, contributing to rising global temperatures. The United Nations Intergovernmental Panel on Climate Change says every increment of warming results in rapidly escalating hazards.
Carbon capture and storage is a pillar of Pennsylvania’s plan to establish a clean hydrogen hub near Pittsburgh. The Appalachian Regional Clean Hydrogen Hub wants to use a process that combines methane gas with heat and steam to make hydrogen. Resulting carbon gases would need to be captured for the hydrogen to be considered clean.
Gov. Josh Shapiro said the new law sets the stage for Pennsylvania to lead in a new industry that will reduce pollution while creating good-paying jobs.
“As the only state in the nation to secure two regional clean hydrogen hubs, carbon capture will be a crucial element of our Western hub and continue Pennsylvania’s legacy of innovation in the energy sector,” Shapiro said.
American Petroleum Institute Pennsylvania said the law will help Pennsylvania build a “low-carbon future.”
“Carbon capture offers a promising pathway for Pennsylvania to bolster its manufacturing industries, as well as support new hydrogen projects, to help usher in a stronger economy and cleaner future,” said Executive Director Stephanie Catarino Wissman.
Right now, companies can apply for federal permits to drill Class VI wells, which are used to deposit carbon dioxide and trap it in rock formations.
The new state law starts a process of transferring that permit authority to the state Department of Environmental Protection, which could take two to three years.
DEP spokesman Neil Shader said the measure gives DEP clear authority and creates the foundation for regulations in this space. He said DEP is still applying for primacy of Class VI wells with EPA, which is part of the governor’s energy plan.
“Pennsylvania is applying for primacy for the Class VI wells to be able to better manage anticipated carbon storage needs associated with the hydrogen hubs that are part of the Infrastructure, Investment, and Jobs Act. This will include managing both the state and federal regulations associated with these types of wells, rather than requiring permit applicants to apply for separate federal and state well permits,” Shader said.
John Walliser with the Pennsylvania Environmental Council said his group supported the legislation after it was amended to offer more protections, including a specific provision for environmental justice areas.
The law lets DEP require additional analysis and greater public participation before a permit is issued.
Walliser said he sees carbon capture and storage as part of the decarbonization puzzle, but it’s not the only answer to addressing climate change.
“If Pennsylvania’s going to do this, we just wanted to make sure there was a robust and protective regulatory program in place and we feel that’s what this legislation accomplishes,” Walliser said.
Walliser said the measure stands out because it allows DEP to deny or set conditions on permits if impacts on public health or the environment are too great. Typically, DEP must issue permits if applications meet regulatory requirements.
The legislation also gives DEP measures for collecting fees to fund oversight work and holding companies liable for damages.
Walliser said now he will be watching how DEP follows through on the authority granted in the law.
Other environmental groups objected to the law, saying carbon capture wells are unproven and dangerous.
Clean Air Council and Food and Water Watch released a joint statement saying it “sets the stage for a new network of hazardous gas industrial pipelines to be built across the Commonwealth.”
In a letter to Shapiro, Better Path Coalition said the bill never had a hearing in the legislature. It noted that, to date, carbon capture has been used most often as a way to recover more oil during drilling, not to prevent emissions.
