415 ILCS 5/59.6

(415 ILCS 5/59.6)

Sec. 59.6. Sequestration permit; application contents. An application to obtain a carbon sequestration permit under this Act shall contain, at a minimum, the following:

(1) A map and accompanying description that clearly identifies the location of all carbon sequestration activities for which a permit is sought.

(2) A map and accompanying description that clearly identifies the properties overlaying the carbon sequestration activity.

(3) Copies of any permit and related application materials submitted to or issued by the United States Environmental Protection Agency in accordance with 40 CFR 146.82.

(4) A report describing air and soil gas baseline conditions at properties potentially impacted by a release from the carbon sequestration activity to determine background levels of constituents of concern present before the commencement of the carbon sequestration activity for which a permit is sought. The report must:

(A) contain sampling data generated within 180 calendar days prior to the submission of the permit application;

(B) identify the constituents of concern for which monitoring was conducted and the method for selecting those constituents of concern;

(C) use and describe the sampling methodology employed to collect and test air and soil samples in a manner consistent with standards established by a national laboratory accreditation body;

(D) identify the accredited laboratory used to conduct necessary testing; and

(E) include the sampling results for the identified constituents of concern.

(5) The permit application must include an air monitoring plan containing, at a minimum, the following elements:

(A) sufficient surface and near-surface monitoring points based on potential risks of atmospheric carbon dioxide and any other identified constituents of concern attributable to the carbon sequestration activity to identify the nature and extent any release of carbon dioxide or other constituents of concern, the source of the release, and the estimated volume of the release;

(B) a monitoring frequency designed to evaluate the nature and extent of any release of carbon dioxide or other constituents of concern, the source of the release, and the estimated volume of the release;

(C) a description of the monitoring network components and methods, including sampling and equipment quality assurance methods, that comply with applicable testing and laboratory standards, established by a national laboratory accreditation body;

(D) confirmation monitoring protocols to address any monitoring results that reflect a statistically significant increase over background levels; and

(E) development and submission of quarterly air monitoring reports to the Agency.

This requirement may be satisfied by the submission of copies of documents provided to the United States Environmental Protection Agency in accordance with 40 CFR 146.82 if the applicant satisfies the requirements of this Section.

(6) The permit application must include a soil gas monitoring plan containing, at a minimum, the following elements:

(A) sufficient soil sampling points and sampling depths to identify the nature and extent of any release of carbon dioxide or other constituents of concern, the source of the release, and the estimated volume of the release;

(B) a monitoring frequency designed to identify the nature and extent of any release of carbon dioxide or other constituents of concern, the source of the release, and the estimated volume of the release;

(C) a description of the monitoring network components and methods, including sampling and equipment quality assurance methods, that comply with applicable testing and laboratory standards, established by a national laboratory accreditation body;

(D) confirmation monitoring protocols to address any monitoring results that reflect a statistically significant increase over background levels; and

(E) development and submission of quarterly soil gas monitoring reports to the Agency.

This requirement may be satisfied by the submission of copies of documents provided to the United States Environmental Protection Agency in accordance with 40 CFR 146.82 if the applicant satisfies the requirements of this Section.

(7) The permit application must include an emergency response plan designed to respond to and minimize the immediate threat to human health and the environment from a release from the carbon sequestration activity. The plan must have been submitted to the Illinois Emergency Management Agency and Office of Homeland Security for review and input on the emergency preparedness activities prior to submitting in a permit application to the Agency. Proof of this submission must be included with the permit application. The plan must:

(A) identify the resources and infrastructure near carbon sequestration activity;

(B) identify potential risk scenarios that would result in the need to trigger a response plan. Potential risk scenarios must include, at a minimum:

(i) injection or monitoring well integrity failure;

(ii) injection well monitoring equipment failure;

(iii) fluid or carbon dioxide release;

(iv) natural disaster; or

(v) induced or natural seismic event;

(C) describe response actions necessary to prepare for and address each risk scenario identified in the emergency response plan. These actions should include, but are not limited to, identification and maintenance of sensors and alarms to detect carbon dioxide leaks, an internal and external communications plan accounting for external communications to the public in the primary languages of potentially impacted populations, a training program that includes regular training for employees and emergency responders on how to handle carbon dioxide, public safety, and evacuation plans, and post-incident analysis and reporting procedures;

(D) identify personnel and equipment necessary to comprehensively address the emergency;

(E) describe emergency notification procedures, including notifications to and coordination with State and local emergency response agencies;

(F) describe the process for determining the nature and extent of any injuries or private or public property damage attributable to the release of carbon dioxide;

(G) include an air and soil gas monitoring plan designed to determine the nature and extent of any air or soil gas impacts attributable to a release from the permitted carbon sequestration activity; and

(H) provide any additional information or action plans requested by the Agency or the Illinois Emergency Management Agency and Office of Homeland Security.

This requirement may be satisfied by the submission of copies of documents provided to the United States Environmental Protection Agency in accordance with 40 CFR 146.82 if the applicant satisfies the requirements of this Section.

(8) The permit applicant must include a water impact assessment report. The report must have been submitted to the Department of Natural Resources and to the Soil and Water Conservation District in the county in which the project will be constructed. The report shall identify the following:

(A) each water source to be used by the project;

(B) the pumping method to be used by the project;

(C) the maximum and expected average daily pumping rates for the pumps used by the project;

(D) the impacts to each water source, such as aquifer drawdown or river reductions; and

(E) a detailed assessment of the impact of the project on water users near the area of impact.

The impact assessment shall consider the water impacts (i) immediately following the project's initial operations, (ii) at the end of the project's expected operational life, and (iii) during a drought or other similar event.

The permit applicant shall submit a certification to the Agency from the Department of Natural Resources that the applicant has submitted its initial water use impact study and is submitting to the Department of Resources the applicant's ongoing water usage. This requirement may be satisfied by the submission of copies of documents provided to the United States Environmental Protection Agency in accordance with 40 CFR 146.82 if the applicant satisfies the requirements of this Section.

(9) The permit application must include a remedial action plan designed to address the air and soil impacts of a release from the carbon sequestration activity. The remedial action plan must, at a minimum:

(A) identify all necessary remedial actions to address air and soil impacts from a release from the sequestration activity, consistent with Title XVII. Soil impacts from a release of carbon dioxide must be addressed through (i) the installation of an appropriate treatment system designed to remove contaminants of concerns emplaced by, or the increase in any contaminants of concern that result from, the carbon sequestration activity or (ii) the removal of all impacted soils and transportation of those soils to an appropriately permitted facility for treatment, storage or disposal;

(B) include a demonstration of the performance, reliability, ease of implementation, and potential impacts, including safety, cross-media impacts, and control of exposure of any residual contamination, of the selected corrective actions; and

(C) identify a reasonable timeline and describe the procedure for implementation and completion of the remedial action plan, consistent with Title XVII, following a release attributable to the sequestration activity.

(10) The permit application must include a closure plan that addresses the post-injection site care and closure. The closure plan must include:

(A) the pressure differential between preinjection and predicted post-injection pressures at all injection zones;

(B) the predicted position of the carbon dioxide plume and associated pressure front at site closure;

(C) a description of post-injection monitoring locations, methods, and proposed frequency;

(D) a proposed schedule for submitting post-injection site care monitoring results to the Agency; and

(E) the duration of the post-injection site care period that ensures nonendangerment of groundwater, as specified in 35 Ill. Adm. Code 620, or to human health or the environment. The post-injection site care period shall be no less than 30 years from the last date of injection.

This requirement may be satisfied by the submission of copies of documents provided to the United States Environmental Protection Agency in accordance with 40 CFR 146.93 if the applicant satisfies the requirements of this Section.

(11) The permit application must contain a written estimate of the cost of all air monitoring, soil gas monitoring, emergency response, remedial action, and closure activities required by this Section.

The cost estimate must be calculated in terms of reasonable actual remedial, construction, maintenance, and labor costs that the Agency would bear if contracting to complete the actions set forth in an air monitoring, soil gas monitoring, emergency response, remedial action, and closure plans set forth in an Agency-approved permit.

The owner or operator must revise the cost estimate whenever there is a change in the air monitoring, soil gas monitoring, emergency response, remedial action, or closure plans that would result in an increase to the cost estimate.

The owner or operator must annually revise the cost estimate to adjust for inflation.

Revisions to the cost estimate must be submitted to the Agency as a permit modification.

(12) Proof that the applicant has financial assurance sufficient to satisfy the requirements set forth in Section 59.10.

(13) Proof of insurance that complies with the requirements set forth in Section 59.11.

(Source: P.A. 103-651, eff. 7-18-24.)