If carbon in the atmosphere is a problem, and that atmospheric carbon resulted from burning fossil fuels like coal, oil and gas, then a simple solution is to remove the carbon from the atmosphere and to put it back into the ground via underground injection wells. Essentially, this carbon capture and carbon sequestration theory puts the carbon back where it originated. There are many technical hurdles with this concept, but one of them is the regulation of underground injection wells.
Injecting anything into the ground raises concerns about impacts on drinking water. Under the federal Safe Drinking Water Act, the federal Environmental protection Agency ("EPA") administers an Underground Injection Control program that regulates various types of underground injection wells. The EPA categorizes different types of underground injection wells by assigning them to different "Classes".
"Class VI" wells are wells that are used for geologic sequestration of carbon dioxide. This is associated with the deposit of atmospheric carbon back into the ground. Currently, the EPA has "primacy" to regulate "Class VI" wells in every state except Wyoming and North Dakota. That means that companies interested in drilling and using underground injection wells in Pennsylvania must presently engage in a permitting process with the federal government.
However, regulation of underground injection wells in Pennsylvania may be subject to change. In March 2023, it was reported that Pennsylvania would be applying to the EPA for primacy to regulate Class VI underground injection wells for carbon sequestration. The EPA divides the process for states to gain "primacy" for regulating underground injection wells into four phases:
Phase I: pre-application activities
Phase II: completeness review and determination
Phase III: application evaluation
Phase IV: rulemaking and codification
This process can take years and states that may be host to Class VI wells, like Pennsylvania are considering how to obtain primacy for their operation. Presently there are no applications for Class VI wells in Pennsylvania. Of course, this only addresses the regulatory side of Class VI underground injection wells. It is not related to ownership of the geologic formations targeted for injection and carbon sequestration. But, progress toward regulatory primacy over Class VI wells in Pennsylvania potentially signals the advancement towards the potential for underground injection wells for carbon sequestration in the Commonwealth.
