42 U.S.C. § 16293 — Carbon storage validation and testing
submitted 21 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,202 words · no verdicts yet
This section directs the Energy Secretary to research, test, and eventually commercialize large-scale underground storage of carbon dioxide. It funds demonstration projects that inject and monitor at least 50 million metric tons of carbon dioxide, and a later program to fund full commercial storage projects. Congress authorizes $2.5 billion for this work through fiscal year 2026.
(a) Definitions. (1) "Large-scale carbon sequestration" means storage that shows carbon dioxide can be injected into and held in underground rock formations, with a goal of storing at least 50 million metric tons. (2) "Program" means the program created in subsection (b).
(b) Carbon storage program. (1) The Secretary* must set up a program of research, development, demonstration, and commercialization for storing carbon underground. (2) This must include: (A) mapping U.S. underground storage capacity with other agencies; (B) developing tools to predict and track how much carbon dioxide stays contained; (C) researching health, safety, and environmental risks if carbon dioxide leaks, and how to respond; (D) studying how carbon dioxide interacts with underground rock and fluid, including whether injecting it could trigger earthquakes; (E) assessing and ensuring safety of storage operations; (F) tracking what happens to carbon dioxide during and after injection; (G) assessing the economic viability of these technologies; (H) sharing information with the EPA, states, local and tribal governments to protect health and the environment; and (I) figuring out how much storage capacity will be needed, where, and when, and building strategies to deploy it. (3) The Secretary must study a range of underground sites, including active and depleted oil and gas fields, residual oil zones, unconventional rock formations, unmineable coal seams, saline formations, geothermal-related rock systems, and formations where carbon dioxide can mineralize in place.
(c) Large-scale demonstration program. (1) The Secretary must fund demonstration projects that test the cost and feasibility of large-scale commercial carbon storage. (2) The Secretary may give extra funding to existing regional partnerships already running such projects. (3) Each project* must include long-term tests of injecting, monitoring, controlling, and verifying stored carbon dioxide. (4) The National Energy Technology Laboratory acts as a clearinghouse for information from these projects. (5) Within one year of December 27, 2020, the Secretary must report to Congress assessing partnerships' progress, identifying remaining barriers to safe large-scale storage, and mapping out storage research priorities through 2025.
(d) Moving to integrated storage. (1) The Secretary may turn demonstration projects into full commercial storage complexes. (2) In doing so, the goals are to find storage sites that can accept large, commercially useful volumes of carbon dioxide, understand whether storage is technically and commercially viable, and do whatever else is needed to make that transition.
(e) Commercial-scale storage program. (1) The Secretary must fund new or expanded commercial carbon storage projects and the pipelines that connect to them, covering feasibility studies, site evaluation, permitting, and construction. (2) Entities apply as the Secretary directs; the application process must be open at any project stage and designed to move quickly. In choosing projects, the Secretary must prioritize those with large storage capacity or those that will store carbon dioxide captured from multiple facilities.
(f) Preference for strong proposals. In competitive awards under this section, the Secretary must favor proposals from partnerships of industry, universities, and government, and must require that construction workers on these projects be paid prevailing local wages, under the usual Davis-Bacon-style wage rules.
(g) Cost sharing. Activities under this section follow the cost-sharing* rules in another section.
(h) Funding. Congress authorizes $2,500,000,000 for this section, for fiscal years 2022 through 2026.
In this section:
The term “large-scale carbon sequestration” means a scale that—
demonstrates the ability to inject into geologic formations and sequester carbon dioxide; and
has a goal of sequestering not less than 50 million metric tons of carbon dioxide.
The term “program” means the program established under subsection (b)(1).
The Secretary* shall establish a program of research, development, demonstration, and commercialization for carbon storage.
Activities under the program shall include—
in coordination with relevant Federal agencies, developing and maintaining mapping tools and resources that assess the capacity of geologic storage formation in the United States;
developing monitoring tools, modeling of geologic formations, and analyses—
to predict carbon dioxide containment; and
to account for sequestered carbon dioxide in geologic storage sites;
researching—
potential environmental, safety, and health impacts in the event of a leak into the atmosphere or to an aquifer; and
any corresponding mitigation actions or responses to limit harmful consequences of such a leak;
evaluating the interactions of carbon dioxide with formation solids and fluids, including the propensity of injections to induce seismic activity;
assessing and ensuring the safety of operations relating to geologic sequestration of carbon dioxide;
determining the fate of carbon dioxide concurrent with and following injection into geologic formations;
supporting cost and business model assessments to examine the economic viability of technologies and systems developed under the program;
providing information to the Environmental Protection Agency, States, local governments, Tribal governments, and other appropriate entities, to ensure the protection of human health and the environment; and
evaluating the quantity, location, and timing of geologic carbon storage deployment that may be needed, and developing strategies and resources to enable the deployment.
In carrying out research activities under this subsection, the Secretary shall consider a variety of candidate onshore and offshore geologic settings, including—
operating oil and gas fields;
depleted oil and gas fields;
residual oil zones;
unconventional reservoirs and rock types;
unmineable coal seams;
saline formations in both sedimentary and basaltic geologies;
geologic systems that may be used as engineered reservoirs to extract economical quantities of brine from geothermal resources of low permeability or porosity; and
geologic systems containing in situ carbon dioxide mineralization formations.
The Secretary shall establish a demonstration program under which the Secretary shall provide funding for demonstration projects to collect and validate information on the cost and feasibility of commercial deployment of large-scale carbon sequestration technologies.
In carrying out paragraph (1), the Secretary may provide additional funding to regional carbon sequestration partnerships that are carrying out or have completed a large-scale carbon sequestration demonstration project* under this section (as in effect on the day before December 27, 2020) for additional work on that project.
Each demonstration project carried out under this subsection shall include longitudinal tests involving carbon dioxide injection and monitoring, mitigation, and verification operations.
The National Energy Technology Laboratory shall act as a clearinghouse of shared information and resources for—
existing or completed demonstration projects receiving additional funding under paragraph (2); and
any new demonstration projects funded under this subsection.
Not later than 1 year after December 27, 2020, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that—
assesses the progress of all regional carbon sequestration partnerships carrying out a demonstration project under this subsection;
identifies the remaining challenges in achieving large-scale carbon sequestration that is reliable and safe for the environment and public health; and
creates a roadmap for carbon storage research and development activities of the Department through 2025, with the goal of reducing economic and policy barriers to commercial carbon sequestration.
The Secretary may transition large-scale carbon sequestration demonstration projects under subsection (c) into integrated commercial storage complexes.
The goals and objectives of the Secretary in seeking to transition large-scale carbon sequestration demonstration projects into integrated commercial storage complexes under paragraph (1) shall be—
to identify geologic storage sites that are able to accept large volumes of carbon dioxide acceptable for commercial contracts;
to understand the technical and commercial viability of carbon dioxide geologic storage sites; and
to carry out any other activities necessary to transition the large-scale carbon sequestration demonstration projects under subsection (c) into integrated commercial storage complexes.
The Secretary shall establish a commercialization program under which the Secretary shall provide funding for the development of new or expanded commercial large-scale carbon sequestration projects and associated carbon dioxide transport infrastructure, including funding for the feasibility, site characterization, permitting, and construction stages of project development.
To be eligible to enter into an agreement with the Secretary for funding under paragraph (1), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.
The Secretary shall establish an application process that, to the maximum extent practicable—
is open to projects at any stage of development described in paragraph (1); and
facilitates expeditious development of projects described in that paragraph.
In selecting projects for funding under paragraph (1), the Secretary shall give priority to—
projects with substantial carbon dioxide storage capacity; or
projects that will store carbon dioxide from multiple carbon capture facilities.
In making competitive awards under this section, subject to the requirements of section 16353 of this title, the Secretary shall—
with respect to the research, development, demonstration program components described in subsections (b) through (d) give preference to proposals from partnerships among industrial, academic, and government entities; and
require recipients to provide assurances that all laborers and mechanics employed by contractors and subcontractors in the construction, repair, or alteration of new or existing facilities performed in order to carry out a demonstration or commercial application activity authorized under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, and the Secretary of Labor shall, with respect to the labor standards in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 U.S.C. Appendix) and section 3145 of title 40.
Activities carried out under this section shall be subject to the cost-sharing* requirements of section 16352 of this title.
There is authorized to be appropriated to the Secretary to carry out this section $2,500,000,000 for the period of fiscal years 2022 through 2026.
Source credit: (Pub. L. 109–58, title IX, § 963, Aug. 8, 2005, 119 Stat. 891; Pub. L. 110–140, title VII, § 702(a), Dec. 19, 2007, 121 Stat. 1704; Pub. L. 116–260, div. Z, title IV, § 4003(a), Dec. 27, 2020, 134 Stat. 2536; Pub. L. 117–58, div. D, title III, § 40305, Nov. 15, 2021, 135 Stat. 1001.)
- 2005Enacted · Pub. L. 109-58 · 119 Stat. 891
- 2007Amended · Pub. L. 110-140 · 121 Stat. 1704
- 2020Amended · Pub. L. 116-260 · 134 Stat. 2536
- 2021Amended · Pub. L. 117-58 · 135 Stat. 1001
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2005-08-08.
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