New Primacy Designation for CCS Wells

According to the May 10 daily publication, Inside, EPA is planning to approve North Dakota as the first state to win primacy to issue SDWA permits for carbon capture and sequestration (CCS).  EPA’s Class VI permit program, authorized under SDWA, applies solely to permitting Underground Injection Control (UIC) wells for carbon storage.  EPA has said that the proposed approval “reinforces Administrator Pruitt’s commitment to cooperative Federalism…”  On May 9, the Agency released a pre-publication Federal Register notice that calls for a 60-day comment period on the proposed approval.