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In re Archer Daniels Midland Company

Case Number:UIC Appeal No. 17-05
ELR Citation:47 ELR 41397

Mr. Jeffrey Sprague petitioned the Environmental Appeals Board to review a modified Class VI Underground Injection Control (“UIC”) permit that the U.S. Environmental Protection Agency Region 5 (“Region”) issued to Archer Daniels Midland Company (“ADM”) for an injection well to geologically sequester carbon dioxide. EPA modified the original permit to reflect project-specific data obtained during well construction and the required pre-operational testing of the well.

Petitioner contends the Region: (1) abused its discretion in declining to extend the public comment period; (2) erred in failing to consult with the U.S. Fish and Wildlife Service (“FWS”) prior to making its permit modification decision; (3) erred by not including provisions in the permit that address Illinois real property law; and (4) erred when it failed to make modeling software available to the public.

Held: Petitioner has not demonstrated that review of this permit modification is warranted on any of the grounds presented. The petition for review is denied.