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Carbon Sequestration and the SAFE CCS Act in Illinois

Last Updated June 25, 2026

The Illinois EPA is currently developing the permitting program under the Safe CCS Act. In February, the Agency hosted informal listening sessions to hear from stakeholders about local issues and ongoing plans. The Agency is now preparing for implementation and building its program. This website will be updated with new information as it becomes available for release. 

What is the Illinois SAFE CCS Act?

Public Act 103-0651, also known as the Safety and Aid for the Environment in Carbon Capture and Sequestration Act (SAFE CCS Act) is an Illinois state law designed to ensure carbon capture and sequestration (CCS) projects in Illinois are carried out safely, responsibly, and transparently. It supplements federal regulation of CO2 injection by adding state-specific requirements. It does not take the place of the federal Class VI permit, and it covers different things. 

The Illinois SAFE CCS Act includes requirements for public safety, environmental protection, long-term monitoring, and public notice. In addition, it includes a requirement for financial assurance to demonstrate that a company has the financial resources to safely operate, maintain, and address any potential environmental impacts from the project. 

How is a sequestration site permitted in Illinois?

The issuance of a Class VI permit is a federal process, and the U.S. EPA has authority to review and issue the permit, perform oversight, and manage enforcement.

Permitting under the SAFE CCS Act is a separate process. The SAFE CCS Act requires that sequestration activities in Illinois obtain an additional permit from Illinois EPA to cover the supplemental requirements laid out in the SAFE CCS Act. Although it requires that copies of Class VI permit materials are submitted to Illinois EPA [415 ILCS 5/59.6(3)], it is not procedurally linked to the federal Class VI permitting process. 

Both a federal U.S. EPA Class VI permit and an Illinois SAFE CCS Act permit are required to conduct a carbon sequestration activity in Illinois. 

What is the difference between the United States Environmental Protection Agency (U.S. EPA) and Illinois Environmental Protection Agency (Illinois EPA)?

While both agencies work to protect health and the environment, they operate at different levels and have different responsibilities. Illinois EPA is a separate entity from the U.S. EPA.

The U.S. EPA is a federal agency that establishes and enforces environmental standards that apply across the country.

The Illinois EPA is a state agency that can adopt environmental standards through Illinois law that are stricter than federal law. Illinois EPA is also responsible for additional (non-federally regulated) state-level programs as dictated by Illinois law.   

What roles do United States Environmental Protection Agency (U.S. EPA) and Illinois Environmental Protection Agency (Illinois EPA) have in carbon sequestration permitting?

The U.S. EPA oversees and permits carbon injection and sequestration activities under the federal Safe Drinking Water Act. Under this law, carbon injection wells are called Class VI underground injection wells.

Illinois does not have primacy over Class VI injection wells and does not issue the permit required under the federal Safe Drinking Water Act. The permit is issued by U.S. EPA. Primacy refers to the authority to run and enforce the program at the state level, under federal oversight. States can apply for primacy over a specific federal program.

While Illinois does not have primacy over Class VI underground injection wells, Illinois law has added requirements for carbon injection and sequestration beyond the federal Class VI requirements, which are detailed in the SAFE CCS Act. Illinois EPA therefore has authority to issue a second permit for Class VI injection wells that includes the additional requirements of the SAFE CCS Act.

What is a Class VI permit?

A Class VI well is a type of underground injection well used for geologic sequestration of carbon dioxide (CO2) to reduce CO2 emissions to the atmosphere, improving air quality and reducing the impacts of climate change.  This is a federally regulated program, requiring a permit from the U.S. EPA. 

Additional information on Class VI wells, permit requirements, and permit processes is available from the U.S. EPA.  Class VI - Wells used for Geologic Sequestration of Carbon Dioxide | US EPA

Which permit (federal Class VI permit or state SAFE CCS Act sequestration permit) is obtained first?

A permittee must obtain a Class VI permit prior to Illinois EPA’s issuance of a SAFE CCS Act permit.

Class VI permits and the SAFE CCS Act permits are two separate processes. Both are required before a sequestration activity can take place.

Project developers might collect data, perform analysis, engage in outreach, and conduct other pre-permitting activities at the same time for both the federal and state permits. Or they might undertake these activities sequentially. However, the SAFE CCS Act is supplementary to the federal Class VI permit and Illinois EPA’s review will rely upon information generated during the Class VI permitting process. Therefore, the Class VI permit will be issued before the Illinois EPA SAFE CCS Act permit.  

At what point does Illinois EPA get involved with a proposed CCS facility?

From a programmatic level, Illinois EPA is staying abreast of CCS activity in the state, has engaged in open listening sessions (see Carbon Connect week), and is actively developing its carbon sequestration permitting program. 

The Class VI permit is not within the authority of Illinois EPA and would be obtained from the U.S. EPA before Illinois EPA issues a SAFE CCS Act permit. 

When a permit application is submitted to the Illinois EPA under the SAFE CCS Act, the agency will review the application to determine whether it complies with the requirements set forth in the SAFE CCS Act. 

How can the public participate in the SAFE CCS Act permitting process?

Per requirements set forth in the SAFE CCS Act (see 415 ILCS 5/59.8), prior to issuing a permit, the Illinois EPA will provide several opportunities for public participation.  The Illinois EPA will issue a public notice which includes a link to where copies of the permit application and draft permit can be reviewed. The notice will also announce a public comment period. During the public comment period, anyone is able to submit written comments that help the Illinois EPA understand local concerns, site‑specific conditions, and how the proposed action may affect surrounding residents.

The Safe CCS Act included amendments to multiple statutes, including the Illinois Environmental Protection Act.

Resources: 

Contact: For more information on the SAFE CCS Act, contact the Office of Community Relations.