House passes bill giving Ohio power to regulate carbon capture

The Ohio House of Representatives passed a measure giving state officials control over carbon capture regulation, rather than yielding to federal oversight.

House Bill 170, which now heads to the Senate for consideration, would give the state the power to regulate Ohio’s carbon capture and sequestration or Class VI Underground Injection Control wells. Currently, the U.S. Environmental Protection Agency permits such wells, a process that can take years.

The carbon capture and storage process captures carbon dioxide emissions from industrial sources. It is then kept underground in naturally occurring rock formations.

The “vote is a major step toward ensuring Ohio is in charge of how this emerging technology is managed within our borders,” state Rep. Monica Robb Blasdel, R-New Waterford, said in a release. “By establishing a state-based regulatory framework, we can make sure these projects are done by Ohioans, for Ohioans—safely, efficiently, and in a way that benefits our communities.”

The legislation follows a 2022 dictate from lawmakers directing the Ohio Department of Natural Resources to seek control over the wells from the feds. However, before it could assume the regulatory control, the state needed to make statutory and regulatory changes to meet federal minimum standards.

Ohio isn’t alone in its approach. Legislators in North Dakota, Wyoming, Louisiana, and West Virginia have enacted similar legislation. Proponents of the Ohio measure said the current process discourages investment.

“Federal red tape has held back innovation and job creation in this space for too long,” state Rep. Bob Peterson, R-Sabrina, said in a release. “House Bill 170 will streamline the process, promote energy security, environmental protection, and ensure Ohio has the tools to attract new projects, jobs, and investment.”

Unsurprisingly, environmental groups objected to the measure, which was met with approval from various energy, manufacturing, and agriculture groups. They said it would serve as a catalyst for job creation and economic growth in the Buckeye State, while also helping to ensure the state remains at the forefront of energy innovation.

Carbon capture and storage “is a critical step for securing Ohio’s energy future,” Christina Polesovsky, associate director of American Petroleum Institute Ohio, said in a statement. “We applaud the bipartisan effort in the House to advance this key legislation to create essential Ohio-specific CCUS regulations and embrace innovative technology to help meet our current and future energy needs, reduce emissions, and attract new investment to Ohio.”