Resolution Concerning the EPA’s Underground Injection Control Class VI Rule

Resolution Concerning the EPA’s Underground Injection Control Class VI Rule

WHEREAS, clean coal power plants and other industrial facilities are required to receive approval for carbon sequestration under the Environmental Protection Agency’s Class VI rule of the Underground Injection Control program established during the Obama Administration, and

WHEREAS, the uncertainty surrounding Class VI approvals may stymie project investments that would lead to more reliable and clean electric generation, and

WHEREAS, the failure of the Obama Administration’s Environmental Protection Agency to timely approve Class VI permits has been a source of project delays and unnecessary costs, and

WHEREAS, the developer of one of the largest clean coal projects cited Class VI as one of the reasons the project failed to move forward, and

WHEREAS, the Environmental Protection Agency has failed to timely reassess whether modifications to the Class VI regulations are “appropriate or necessary” after its stated intent to do so when the rule was originally promulgated, and

WHEREAS, the State of North Dakota applied for primacy on June 2013 during the Obama Administration and did not receive final approval until April 2018 in the Trump Administration, and

WHEREAS, the Trump Administration supported North Dakota’s Class VI primacy application because of its federalist approach to protecting drinking water supplies, and

WHEREAS, 34 states already have primacy over other aspects of the Underground Injection Control program.

NOW, THEREFORE BE IT RESOLVED, that the State of [NAME] directs its [AGENCY] to develop [and execute] a plan to apply for Class VI primacy from the Environmental Protection Agency.