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Indiana’s Natural Resources Commission unanimously approved new, permanent regulations for carbon dioxide sequestration on Tuesday evening.
Among the provisions are definitions, agreements between pore space owners and storage operators, transmission pipeline certificates of authority, permitting, insurance requirements, record-keeping and more.
The voice vote came after impassioned appeals from Hoosiers living near a prominent pilot project led by Wabash Valley Resources.
The company plans to pipe and inject 1.67 million tons of carbon dioxide annually a mile below the earth’s surface as part of its plan to produce anhydrous ammonia fertilizer at a former coal gasification plant in West Terre Haute.
Residents clashed with the commission over its responsibilities.
“I’m a simple farm girl … and I don’t know anything about this, but I do know that this meeting is unlawful according to Indiana Code,” said Vigo County resident Whitney Boyce.
She accused the commission of not posting the meeting agenda in the required 48 hours ahead of time, adding that the video from Friday’s fiery public hearing hasn’t been uploaded and comments that day weren’t responded to.
Commission chair Bryan Poynter assured attendees that state law was followed.
“We do take public comment very seriously,” he said. “… And I know that there’s been some questioning of posting of agendas and other things, and I went back to make sure, and I just want everybody to know that … we have posted those accordingly.”
The 12-member, autonomous board addresses issues related to the Department of Natural Resources.
DNR Assistant General Counsel Whitney Wampler, who had served as hearing officer, emphasized that public comments were taken for a month longer than required during her summary of the regulations’ journey.
Witnesses, however, described a lack of trust.
Vermillion County resident Scott Nogle said he saw “a lot of faces that weren’t there” on Friday. He asked commission members if they’d listened remotely or reviewed notes on the concerns raised.
“I don’t think you’re really looking at this as a serious matter, as you say you are,” Nogle continued. “… And I don’t think you’re educated on the subject. I don’t think you’re qualified to vote on the subject. That’s just my opinion.”
“Protect our people, protect our water, protect our land and our wildlife,” he said. “That’s what we’re asking. Do your job.”
Poynter, the commission’s leader, pushed back.
“We are doing our job,” he said. “… This body is doing what the legislature asked us to do, trying to do it the best we can.”
He described the “copious” background materials provided to commission members, adding, “We do feel like we’ve cataloged a lot of those public comments.”
Impacted Hoosiers have criticized the definitions as overly vague; denounced eminent domain provisions; pushed for stronger insurance requirements; and sought details for emergency response, among numerous public complaints.
“An emergency response plan in the event of a catastrophic rupture is something that needs to be shared with us, the public,” Vigo County resident Janet Cianteo said.
She said DNR hasn’t offered enough information to “give people trust and know that our lives matter, that we are important, that our children are important, and that you take us seriously,” adding, “It’s going to take a lot more than just making a quick vote.”
The regulations don’t include emergency response because Indiana doesn’t have control over the Class VI sequestration permits, Wampler said — the U.S. Environmental Protection Agency does.
That’s also why pipeline safety is absent. Such considerations are the realm of the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration.
“I can sense the passion,” Poynter told attendees. “I know that this is important to you, and we do thank you so much for coming and making your voice known.”
Lawmakers first authorized the Wabash Valley Resources pilot in 2019 and revisited it in 2023. In between, in 2022, they established requirements for carbon sequestration projects and exempted the pilot from them.
Also in 2023, lawmakers had DNR come up with temporary, emergency rules and tasked the agency with developing permanent regulations. They’ve been in the works since.
The commission voted for preliminary adoption in March. With final approval nabbed on Tuesday, the regulations remain on track to take effect as soon as October, according to a regulatory analysis.
The Indiana Capital Chronicle is an independent, nonprofit news organization that covers state government, policy and elections.
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