New rules for carbon sequestration projects in Indiana are in place, according to action by the Natural Resources Commission.
Opponents of the Wabash Valley Resources carbon sequestration pilot project in Terre Haute, like Whittney Boyce, felt a wave of defeat.
“I'm feeling absolutely frustrated,” she said. “We have been for over two years fighting against this.”
Boyce, a lifelong resident of Vigo County, is one of five project opponents who spoke at the meeting Tuesday evening in Mitchell.
She’s opposed the project near her family farm since receiving a letter from the EPA informing them their property may be affected by the CO2 storage plumes from the gas stored underground by the project.
“I beg you, as I have been begging for two years, vote and fight like your children are going to be put at risk by these projects,” she said during the meeting. “Ask for safety precautions, safety measures, requirements, because my children will be put at risk.”
One of the biggest complaints opponents have to the new state rules is that safety precautions, in the event of a leak, are not included.
Whitney Wampler, with the commission, said that is because the Supremacy Clause in the U.S. Constitution prevents it from making rules on matters already covered by federal law.
“We understand that (Pipeline and Hazardous Materials Safety Administration) is in the process of adopting new rules,” she said. “They are still the agency that handles that, again, is a preemption. The Supremacy Clause issue where there is a federal statute that covers something the state cannot also cover that it is supremacy. So, that is the reason that the rules themselves do not cover safety at this time.”
In 2023, the state legislature directed the DNR to adopt rules for carbon sequestration projects.
The newly adopted rules establish permitting processes, operational requirements, and compliance standards for the growing industry and neighboring landowners.
The new rules could take effect as soon as October.
It is unclear, though, how these rules will affect the pilot project in Terre Haute, which has been exempted from previous legislation.
DNR General Counsel Stephanie Flittner said, “I don't want to comment on behalf of the department about a project that's in Indiana code from our legislature.”
Opponents also objected to the locations for the public meetings, saying they are purposely far from them to make it harder to attend.
“We, of course, follow Indiana code for the selection of all of our meeting sites,” said Flittner. “Today's meeting was dictated by the NRC, which is the commission. It was selected, I think, in our March meeting, which would have been before the agenda was finalized for this specific topic.”
And despite leaving comments and sharing concerns, residents like Rosemarie Scott still say they aren’t being heard.
“It feels like no one's listening, and even when they are listening, we feel like the powers that be have a louder, stronger voice than we do, and they have prevailed,” she said, after the meeting ended. “It's been it's been a long journey, and we keep hoping that there will be somebody that stands up for us.”
Wabash Valley Resources hasn’t yet drilled test holes or placed pipelines for the pilot project. The only nearby large CO2 storage site currently operating had a leak last year in Decatur, Ill.
Carbon sequestration is still largely an unproven method for handling CO2 pollution, with only 50 facilities in operation worldwide, according to the Global CCS Institute.
Residents had hoped the NRC would not implement rules and prevent projects like this from occurring, but NRC Chair Bryan Poynter says that was never an option.
“You asked us to do our job, we are doing our job, and this was given to us by the legislature, so this body is doing what the legislature asked us to do, trying to do it the best we can,” he remarked at the end of the public comment period.
Now, residents are hoping that someone else steps in to fight for them.
“I am so hopeful that there will be a state senator, a state representative, we would even hope maybe that the governor would change his mind somebody say this has to stop,” said Scott.
