What is the SAFE CCS Act?

The Safety and Aid for the Environment in Carbon Capture and Sequestration Act, or “SAFE CCS Act” (Public Act 103-0651) ) is a state law that sets clear standards for how carbon dioxide (CO₂) can be captured and stored underground in Illinois. Its purpose is to make sure Carbon Capture and Storage (CCS) projects are done safely, protect public health, and prevent environmental harm. The SAFE CCS Act was passed as part of amendments to the Illinois Environmental Protection Act and other statutes during the 2024 legislative session. It was signed into law in August 2024 and went into effect on January 1, 2025.

CCS is a technology that helps fight climate change by capturing CO₂ emissions from industrial sources and storing them deep underground instead of releasing them into the atmosphere. Federal law broadly governs carbon sequestration, but does not necessarily address the unique needs of individual states. The SAFE CCS Act provides robust Illinois-specific standards for permitting, monitoring, and long-term oversight to make sure these projects meet rigorous safety and environmental requirements.

CCS projects in the United States are already regulated under federal programs. The U.S. Environmental Protection Agency (EPA) oversees CO₂ injection through its Underground Injection Control (UIC) Program, which sets strict standards for Class VI wells used for geologic storage of carbon dioxide. The SAFE CCS Act adds an additional layer of protection at the state level by requiring Illinois-specific permits and ongoing oversight by the State of Illinois. 

What does the SAFE CCS Act require?

The SAFE CCS Act establishes standards for CCS projects in Illinois that supplement existing federal law. 

The law includes several key protections and requirements, including:

• Permitting & Oversight: CCS projects must obtain permits from both the US EPA and the Illinois EPA before injecting CO₂. The Illinois EPA reviews applications to ensure compliance with applicable state law, including the provisions of the SAFE CCS Act.

• Site Safety & Monitoring: Operators must monitor injection sites during and after CO₂ storage to confirm that the CO₂ stays contained. 

• Public Health & Environmental Protection: The Act requires safeguards to protect drinking water, land, and nearby communities. Those safeguards include proper well design and integrity standards, stringent monitoring requirements, public notification, and site restoration after operations. These protections build on other broadly applicable existing standards in the Illinois Environmental Protection Act.

• Financial Responsibility: Companies must show they have funding available to cover long-term monitoring and any potential remediation costs prior to beginning operation. This is to ensure that the operator, and not Illinois taxpayers, is financially responsible for any environmental harm from the injection site’s operation.

• Long-Term Stewardship: Even after injection stops, sites must be monitored for decades to ensure safety.

What is Illinois EPA’s role in the SAFE CCS Act?  

Under the SAFE CCS Act, the Illinois EPA has regulatory authority over CCS projects in the state. Illinois EPA is responsible for reviewing and issuing permits for CO₂ injection and storage issued under the SAFECCS Act, ensuring projects meet strict safety and environmental standards. The Illinois EPA oversees compliance with the SAFE CCS Act throughout the life of each project, including monitoring, reporting, and enforcement actions if necessary. Illinois EPA also sets requirements for financial assurance and long-term stewardship to protect public health, groundwater, and the environment. This regulatory control ensures that CCS development in Illinois is conducted responsibly and transparently.

Carbon Capture and Storage

Carbon Capture and Storage is not a new technology; it has been used for decades. According to the U.S. Department of Energy (DOE), CO₂ injection began in the 1970s for enhanced oil recovery (EOR), where carbon dioxide was injected into oil fields to increase production. Over time, this practice evolved into a climate mitigation strategy, storing CO₂ permanently in deep geologic formations. Large-scale CCS projects have operated safely for more than 25 years worldwide, and the DOE notes that the United States has significant experience with CO₂ transport and storage infrastructure. Today, CCS is recognized as a critical tool for reducing greenhouse gas emissions while leveraging lessons learned from decades of subsurface injection.

For more information on the SAFE CCS Act, conact the Office of Community Relations.