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CO2 Injection and Pore Space Regulations

MCLI Recommendation: “Congress could create a regulatory framework for offshore CO2 sequestration.”

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Example States and State Governments

Mississippi Rules Regarding Pore Space

In 2011, SB 2723 authorized the Mississippi Oil and Gas Board to approve the use of reservoirs for injection and storage of CO2 provided that a majority interest in the reservoir has provided its writ...
Example States and State Governments

Kansas Rules on Carbon Injections

In 2007, HB 2419 defined a “carbon dioxide injection well,” as a well where carbon dioxide is injected for either enhanced hydrocarbon recovery or geologic storage. The bill directed the Kansas Corpor...
Example States and State Governments

Illinois’ SAFE CCS Act

Passed in July 2024, Illinois’ Safety and Aid for the Environment in Carbon Capture and Sequestration Act establishes regulations on carbon capture and storage, and places a two year moratorium on car...
Example States and State Governments

Louisiana Rules Regarding Pore Space

In 2008, HB 1117 established procedures for the use of underground reservoirs for storage of CO2, including requiring a public hearing. In 2009, HB 661 further authorized parties injecting CO2 for geo...
Example States and State Governments

Ohio Rules on Carbon Injections

In 2010, Ohio’s SB 165 established that the Division of Oil and Gas Resources Management has the authority to issue permits for underground injection of carbon dioxide for secondary or tertiary recove...
Example States and State Governments

West Virginia Rules on Carbon Injections

In 2009, HB 2860 authorized the West Virginia Department of Environmental Protection to regulate carbon dioxide sequestration projects. The bill directed the agency to develop additional regulations t...
Resource Foreign

Report, Policy Readiness for Offshore CO2 Storage in the Northeast

The Sabin Center’s 2017 report surveys applicable regulations for injecting CO2 offshore in state waters, federal waters (under the Marine Protection, Research, and Sanctuaries Act), and the high seas...
Resource States and State Governments

Report, Regulation for Underground Storage of CO2 Passed by US States

Javedan’s 2011 report provides an overview of state regulation of underground storage through the lens of key issues including liability, pore space ownership, CO2 and mineral rights ownership, and mo...
Example States and State Governments

Pennsylvania’s Carbon Capture and Sequestration Act

In July 2024, Pennsylvania enacted SB 831, or the Carbon Capture and Sequestration Act, into law. The law declares carbon dioxide storage to be in the public interest and provides a regulatory framewo...
Resource Congress

Report, Sequestering Carbon Dioxide Undersea in the Atlantic: Legal Problems and Solutions

This 2018 report outlines the key legal requirements for injecting carbon dioxide into the seabed off the northeast coast of the U.S. It distinguishes the legal requirements for injections in “state w...
Example Congress

EPA Underground Injection Control Program

The EPA’s UIC program regulates and clarifies the use of enhanced oil recovery wells for sequestration. The UIC program was established by the Safe Drinking Water Act, and its Class II and VI wells re...
Example States and State Governments

California CCS protocol under the Low Carbon Fuel Standard

In 2017, the California Air Resources Board issued a concept paper for a regulatory program on carbon capture and storage. In 2018, the Air Resources Board issued a Carbon Capture and Sequestration Pr...
Resource States and State Governments

C2ES Rules for Carbon Transport and Storage Database

The Center for Climate and Energy Solutions maintains a map-based database cataloging state level rules on carbon transport and storage.
Example States and State Governments

Wyoming Rules on Carbon Injections

In 2008, HB 89 clarified that the ownership of the pore space is vested in the owners of the surface land. Surface owner may sever ownership of pore space. In 2009, HB 80 established a process for uni...
Example States and State Governments

Oklahoma Rules on Carbon Injections

In 2009, SB 610 authorized the Oklahoma Corporation Commission to regulate CO2 injection for storage in oil, gas, coal-bed methane, and mineral brine reservoirs. The bill provides exclusive jurisdicti...
Example States and State Governments

Kentucky Rules Regarding Pore Space

In 2011, HB 259 directed CO2 storage operators to make good faith attempts to acquire the rights to pore space needed for long-term storage from the owners. If a storage operator has made good faith e...
Example States and State Governments

Montana Rules Regarding Pore Space

In 2009, SB 498 created a presumption that the surface owner of a property is also the owner of the subsurface geologic storage reservoir unless deeds or severance documents establish that a different...
Model Law Executive Branch

LPDD Model Instruction Memorandum: Geologic Carbon Sequestration on Federal Lands

This model document proposes an update to the Bureau of Land Management’s Instruction Memorandum (IM) for geologic carbon sequestration (GS) on federal lands, which had been limited to information gat...
Model Law States and State Governments

LPDD Model Law: State Legislation for the Geologic Storage of Carbon Dioxide

Carbon capture and sequestration (CCS) involves capturing carbon dioxide at power plants, refineries, petrochemical plants, cement plants and other sources, compressing the carbon dioxide and transpor...
Example States and State Governments

North Dakota Rules Regarding Pore Space

In 2009, SB 2139 prohibited surface property owners from severing title to the subsurface pore space, although the surface owner may lease the pore space. In 2009, SB 2095 established permit requireme...
Example States and State Governments

Texas Rules Regarding Pore Space

In 2009, SB 1387 established the criteria under which the Railroad Commission of Texas may issue a permit for CO2 injection for geologic storage. In addition to health and safety criteria, there is a ...