Mahomet Aquifer bill advances, but language change sparks concern

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Lawmakers are one step closer to banning carbon injections over a massive source of drinking water for Central Illinois, but some are raising concerns about a change in the language.

SPRINGFIELD — Illinois lawmakers are one step closer to banning carbon injections over a massive source of drinking water for Central Illinois, but some of its supporters are raising concerns about a change in the language. The Illinois Senate on Thursday unanimously passed Senate Bill 1723 , which would ban carbon sequestration activity — the process of capturing and storing carbon by injecting it underground — within an area that "overlies, underlies, or passes through" the Mahomet Aquifer. The aquifer, a deep underground layer of sand and gravel, underlies 15 counties and is the main source of drinking water for more than 500,000 people in Central Illinois, including Normal, Champaign and Urbana.

“Our communities rely on the Mahomet Aquifer for safe, clean drinking water. There is no backup plan,” said state Sen. Paul Faraci, D-Champaign, the bill's sponsor.



“While carbon sequestration has potential, we cannot gamble with the health of almost one million people. This bill ensures we don’t put short-term projects ahead of long-term water security.” The legislation was amended on Thursday to change the boundaries of the ban area, making it apply only to the area designated by the U.

S. Environmental Protection Agency as the "sole source aquifer area." The original bill protected the slightly larger "project review area," which includes what are believed to be recharge zones that supply water into the aquifer.

This would exclude Bloomington-Normal, eastern portions of McLean County and parts of Ford County from the protected area. Activists who demonstrated in support of the legislation on Thursday in Uptown Normal called for passage of the measure as introduced. "We cannot, in good conscience, support this amendment, knowing it is nothing less than an attempt to gut the original intent of the bill," said Brent Lage, among about a dozen representatives who gathered from Illinois People's Action, a downstate faith and community organization.

"Now is the time to act decisively to protect Illinois residents and pass this bill as written." Faraci told Lee Enterprises that the change was made because "there is some question on where those recharge zones lie currently." "We don't have an understanding fully because we don't have a scaled up project," Faraci said.

"And so we have to understand all those moving parts. It's not, this isn't a simple issue. It's pretty complicated.

" Further study could change area To resolve questions about the boundaries, the legislation — pending funds being appropriated in the budget — directs the Prairie Research Institute at the University of Illinois at Urbana-Champaign to submit a report by the end of 2030 that assesses the safety and risks of carbon storage within the aquifer and larger project review area. They would report to a newly-created study commission comprised of representatives from various state agencies and appointees of the four state legislative leaders. The commission would then submit their own report to the governor and General Assembly by the end of 2031.

"A scientific study will help better define where we are," Faraci said. "And so (the protected area) could expand, it could contract potentially depending on what the science shows. "That's why it's so important to get the scientists here so we have an actual understanding of where everything lies, the potential impact that carbon sequestration may have, and to look at not just Illinois, hopefully, but other states that are doing sequestration so we can thoroughly understand what is happening using proven science and a proven project that's scaled up.

" Region ripe for carbon storage Illinois, especially the downstate region, has been targeted by the nascent carbon capture and sequestration due to its favorable geology. Lawmakers passed and Pritzker signed legislation last year that built upon, and filled gaps in, existing federal regulations to carbon capture and sequestration. This included key protections such as a two-year moratorium on pipeline construction, extra permitting requirements and safety provisions.

But left out was a ban on carbon injections underneath sole source aquifers. While studies have indicated there is minimal risk to drinking water from sequestration activity, the lack of a clear alternative water source if anything were to go awry has left Central Illinois lawmakers and many residents with zero risk tolerance. “I have a health condition that requires me to drink a lot of water every day and since I live in Normal, I'm drinking water from Mahomet every day,” said Marilea White, another member of Illinois People's Action, on Thursday.

“We deserve sustainable solutions, not short-term gains.” A number of local governments, including the McLean and Ford county boards , have passed resolutions standing in support of legislation seeking to protect the Mahomet Aquifer. In 2023, these two counties were targeted for a plan to establish a 7-mile carbon sequestration pipeline, which was designed to reduce the carbon emissions from the One Earth ethanol plant in Gibson City.

Illinois People's Action and other critics strongly opposed this project due to concerns over its potential impact to the Mahomet Aquifer. Concerns grew greater last year when Archer Daniels Midland Co. was cited by the U.

S. EPA for injection activity not allowed under its federal carbon sequestration permit and for violating the Safe Drinking Water Act. The agribusiness giant has been injecting carbon underneath its Decatur facility, and just outside the aquifer footprint, for more than a decade.

Company officials discovered that injected carbon seeped from a corroded monitoring well pipe into the ground about 5,000 feet below the surface. Though thousands of feet below any drinking water sources, it was 500 feet above where ADM is permitted to inject carbon. Carbon injections were later paused at the site .

With 23 carbon injection permit applications in Illinois that are currently pending before the U.S. EPA, including some within the aquifer's footprint, many viewed the extra layer of protection as necessary.

Previous aquifer group never met The new 17-member study commission would include one member each appointed by the directors of the state's EPA, Department of Natural Resources, Illinois Emergency Management Agency, Department of Agriculture and the Attorney General. Three members would be appointed by each of the four legislative leaders. It comes despite the existence of the Mahomet Aquifer Council, a standing body formed in 2021 to review, evaluate, and make recommendations regarding state laws, regulations and procedures related to the aquifer.

The existing council has never met due to the lack of a quorum as just 13 of 25 members have been appointed. Faraci said he believes the new study commission, with its more targeted mission, will be more successful. "I want to make sure we have a successful group that works together to review the information, get the scientists together and get to the table to make sure we're having a conversation about what's truly important," Faraci said.

"So if it requires us to have a new commission to get this going, I can't say I can force anyone to do anything, but it's certainly going to be something that's top of my priority to make sure it's successful." The bill now heads to the House..