In October 2023, One Earth Sequestration LLC applied to the Illinois Commerce Commission (ICC) for a permit to build a 7.34-mile pipeline from its ethanol plant west of Gibson City in Ford County to three sequestration wells in McLean County. They filed their proposal details on December 1, 2023 (Testimony of One Earth Sequestration LLC). Save Our Illinois Land petitioned to intervene in opposition to the pipeline on January 18, 2024. We presented our testimony on February 28, along with the ICC Staff and other intervenors. SOIL submitted testimony from four expert witnesses, four landowners and three emergency services leaders. You can read the testimony as filed in the Documents for 23-0708 (illinois.gov) in the ICC’s eDocket system.
The next step is for One Earth to file its rebuttal to our arguments. It has until March 27 to do so. Various other steps in the ICC approval process will follow. Unless the company withdraws before then, a decision from the ICC due on August 19, 2024.
Save Our Illinois Land has intervened against the One Earth proposal. Unfortunately, the approach that had been used to fund intervening organizations in the Navigator and Wolf pipeline interventions won’t work with such a short pipeline with so few landowners. Citizens Against Heartland Greenway Pipeline (Navigator) and Citizens Against Predatory Pipelines (Wolf) are both 501(c)4 organizations that have solicited contributions primarily from landowners along the pipeline.
The testimony submitted by the company included a route for the pipeline and the locations of the sequestration wells (see Exhibit B: Overview Map 599341.pdf (illinois.gov). The company applied to the EPA for three Class VI Sequestration wells in 2022. We expect the EPA to decide on this application later this year.
The company’s application specified that the pipeline would be 16 inches in diameter. This diameter is much larger than needed for the CO2 generated by a plant the size of One Earth. The company said it was planning to look for other customers to take advantage of its pipeline and sequestration agreements. REX American Resources is a majority owner of the One Earth facility, and of another plant in South Dakota. It is a minority owner of other plants in Illinois (Galva), Iowa, and Wisconsin. They have not said if they intend to build pipelines so those plants can sequester CO2 in their wells. They have identified a number of other organizations within 50 miles of their wells that produce CO2. However, they have not said if they have had discussions with any of those organizations.
The intervenor and Staff testimony submitted on February 28 was extensive. Staff testimony was provided by Mark Maple, who provided testimony against Navigator in its two applications to the ICC. It was similar to the testimony provided by Brett Seagel in the Wolf docket. Maple’s testimony recommended that the ICC reject the One Earth application on several grounds:
- The Pipeline and Hazardous Material Safety Administration (PHMSA) has recognized that their regulations for CO2 pipelines are inadequate. It is developing new regulations that are due late this year.
- One Earth had not negotiated any easements with landowners along the pipeline.
- It failed to produce an emergency response plan that would have enabled first responders to determine if they would be able to respond effectively if the pipeline ruptured.
In the face of such negative testimony from the Staff and intervenors, Navigator withdrew its application and subsequently went out of business. Similarly, Wolf withdrew its application to the ICC, but has said it will reapply early in 2024. It is unclear what One Earth will do after receiving such a negative response from Staff and SOIL.