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EPA Approves First Underground Injection Control Program Primacy for Carbon Sequestration Wells to North Dakota

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WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) announced it has approved the State of North Dakota’s request to implement and enforce its own Class VI Underground Injection Control (UIC) program. This marks the first time any state has received primacy for Class VI UIC wells, which are used for the long-term storage of carbon dioxide captured from industrial and energy related sources.

“The State of North Dakota is a proven partner in the safe and responsible development of our country’s natural resources,” said EPA Administrator Scott Pruitt. “We are practicing cooperative federalism and increasing the state’s involvement in local environmental protection. EPA will work with the state to ensure a smooth transition and that all North Dakotans continue to have safe drinking water.”

After taking public comments and conducting a thorough review, EPA determined that the North Dakota Industrial Commission (NDIC) is capable of enforcing its Class VI UIC program in a manner consistent with the Safe Drinking Water Act (SDWA) and all applicable regulations to protect underground sources of drinking water. EPA’s approval allows NDIC to implement and enforce its Class VI program and issue Class VI permits. EPA will continue to administer the UIC Program for wells on Indian lands per the SDWA.

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