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Current and Proposed CO2 Pipeline Infrastructure Resource

 

                                       Click here to visit Marston Law’s CO2 Pipeline Map of currently existing and                                                  proposed CO2 pipelines across the nation.

 

 

 

CO2 Pipeline Regulation News:

· 2nd International CCS Regulators’ Network Meeting

January 20-21, 2010: The IEA CCS Regulators Network held their second meeting in Paris.  The meeting focused on the development of CCS policy and regulation all over the world.  For more information, see the IEA’s workshop page:

http://www.iea.org/work/workshopdetail.asp?WS_ID=444

 

· National and International Initiatives to develop Legal and Regulatory Framework for CO2 Pipelines for CCS

             There are a number of high-level initiatives already underway to develop a legal and regulatory framework for the CO2 pipelines that will be required for potential commercial deployment of carbon capture and storage.

· International Studies and Initiatives.

a.  G8-based initiatives.  The leaders at the 2009 G8 Summit specifically addressed the need for careful study and development of legal and regulatory framework for CCS, including CO2 pipelines.  This continues the efforts of the Carbon Sequestration Leadership Forum (http://www.cslforum.org) which has been encouraging international coordination and cooperation in the development of legal and regulatory frameworks for CCS, including for pipeline transport.

 

                         b.  International Energy Agency and launch of the CCS Regulators Network

                         Launch of CCS Regulatory Network in 2008.  Beginning in 2005, the International Energy Agency was tasked by G8 leaders to assist in accelerating the development and commercialization of CCS.  In furtherance of those responsibilities, IEA has launched the International CCS Regulators Network to bring together CCS regulators worldwide to assist in development of legal and regulatory frameworks that will remove barriers to widespread commercial deployment of CCS technology.  The CCS Regulators Network homepage can be found at: http://www.iea.org/subjectqueries/ccs_network.asp

 

                         For a summary of the CCS Regulators’ initial agenda, as well as further information on the activities and focus of the Network, see T. Kerr, “CCS Legal & Regulatory Issues: Getting to the Details”, presented at the launch of the International CCS Regulators’ Network in 2008, and available at: http://www.iea.org/work/2008/ccs/pdfs/Backgr_5_Kerr.pdf.

 

                         The remaining presentations and the agenda for the launch meeting of May 13-14, 2008 are at: http://www.iea.org/work/workshopdetail.asp?WS_ID=361. The CCS Regulators’ efforts include review of regulatory regimes for CO2 pipeline transport networks.

 

                         IEA’s 2010 Model Legal and Regulatory Framework for CO2 Pipelines.  Building on these efforts, the IEA is developing a model legal and regulatory framework for CO2 pipeline transport, expected to be published in the spring of 2010.  The analytic and review work is underway, with a draft available in the next few weeks and the model framework due to be published in April of 2010.  See Beck, “CCS Outcomes from Copenhagen” (presentation at IEA’s web conference on CCS of January 14, 2010) (available at: http://www.iea.org/work/2010/ccs/Beck.pdf), at 2.  This effort will draw on national experience and insights worldwide and is expected to address siting, permitting, access, and liability issues, among others.

 

                         c.  Global Carbon Capture and Storage Institute.  The 2009 G8 Summit also supported the recent creation of the Global Carbon Capture and Storage Institute (home page available at: http://www.globalccsinstitute.com.)  The Institute is working with the World Bank, the Asian Development Bank, the Clinton Climate Initiative and The Climate Group to assist in getting CCS projects off the ground.  The press release of October 11, 2009 is available at:  http://www.globalccsinstitute.com/downloads/MR_MembersMeeting_10-11-09.pdf.  The Institute is coordinating its efforts with the IEA and the Carbon Sequestration Leadership Forum, both of which have been working on studying regulatory frameworks for CO2 pipelines.

 

             2.  US Studies of Legal and Regulatory Frameworks for CO2 Pipelines

a.  Interstate Oil and Gas Compact Commission CO2 Pipeline Transport Task Force (PTTF)In 2009, the IOGCC formed a Pipeline Transportation Task Force (PTTF) on behalf of state regulators to study the issues that will need to be addressed in licensing and regulating new CO2 pipelines.  The task force is receiving funding from the U.S.  Department of Energy and the National Energy Technology Laboratory through the Southern States Energy Board.  It held its initial meeting in May of 2009 and anticipates completing its report in the summer of 2010.

 

Former IOGCC Vice Chairman Robert Harms of North Dakota is chairing the task force.

 

The IOGCC pipeline taskforce will build on the effort that developed a model statute and model regulations for underground CO2 storage.  For more information, see link below:

http://iogcc.publishpath.com/states-are-best-positioned-to-regulate-carbon-dioxide-storage-report-concludes

 

For further information, contact Kevin Bliss, IOGCC Washington Representative.

 

b.  Studies required under proposed legislation.  Recognizing the complexities of potential approaches to CO2 pipeline regulation, a number of bills introduced in the  current (and immediately prior) Congress would provide for study of what type of legal or regulatory framework for CO2 pipelines might best facilitate widespread deployment of CCS technology.  See, e.g. Section 111, “National Strategy”, of HR 2454 (“Waxman-Markey”) providing for a report to Congress of a comprehensive strategy to address “the key legal, regulatory and other barriers to the commercial-scale deployment of carbon capture and sequestration”.

 

· Federal regulatory jurisdiction over CO2 pipelines:  The Congressional Research Service (CRS) has prepared a legal analysis of Federal regulatory jurisdiction of CO2 pipelines under the Interstate Commerce Act (jurisdiction of the Surface Transportation Board or STB) and under the Natural Gas Act (jurisdiction of the Federal Energy Regulatory Commission or FERC):

Adam Vann and Paul W. Parfomak, “Regulation of Carbon Dioxide (CO2) Sequestration Pipelines: Jurisdictional Issues” (April 15, 2008) (Order Code RL34307).

The paper reviews (at 4-7) jurisdictional precedents under both statutes dating from the beginnings of CO2 pipeline construction in which the relevant agencies concluded that CO2 pipelines were not subject to jurisdiction under the Interstate Commerce Act or the Natural Gas Act.  The paper notes (at 10) that state laws and contractual arrangements among interested parties established under for existing operations to transport CO2 for EOR purposes would also apply to CO2 pipelines for CCS, that safety regulation would continue under existing requirements of the Department of Transportation, and that federal antitrust enforcement agencies, including the Federal Trade Commission and the antitrust division of the U.S. Department of Justice could address claims of anticompetitive behavior.  The paper then raises some of potential legislative and policy implications of this legal analysis.

 

The paper is available online at various sites including the National Council for Science and the Environment and Open CRS.  (The April 15, 2008 jurisdictional analysis updates an earlier report of the same title and order code (dated January 7, 2008) making several modest editorial changes).  Also available here.

 

· Emerging issues regarding CO2 pipelines:  Building on the legal analysis of regulatory jurisdiction under existing law, the CRS has also prepared a review of a number of issues that may affect CO2 transportation for CCS purposes:

Paul W. Parfomak and Peter Folger, “Carbon Dioxide (CO2) Pipelines for Carbon Sequestration: Emerging Policy Issues” (Updated January 17, 2008) (Order Code RL33971).

            

The paper is available at the Open CRS website or also here.

 

NOTE TO THE READER: The January 17, 2008 updated report is based in part on the above-referenced jurisdictional analysis and corrects statement in an earlier version (from April 2007) that incorrectly indicated that the STB exercises regulatory jurisdiction over CO2 pipelines under the Interstate Commerce Act, as amended.

 

Action by State legislatures on Carbon Capture and Storage is available from the National Conference of State Legislatures, based in Denver, CO with an office in Washington DC.  The NCSL has a useful data base of state legislative activity. 

 

· Summary of CCS legislative activity in the States:  For a March 24, 2008 memorandum summarizing legislative activity in some 31 state legislatures potentially affecting carbon capture and storage as of that date, see:

http://leg.mt.gov/content/committees/interim/2007_2008/energy_telecom/assigned_studies/co2page/ncslco2.pdf

 

· The search portal to the Conference's database for all state legislation is available at:

http://www.ncsl.org/programs/energy/energypolicy.cfm.

 

Select "CARBON SEQUESTRATION" in the second drop down box and the State or States you wish to search. 

 

NOTE:  You will be leaving the Marston Law site and so no assurances can be provided as to the accuracy or completeness of information published on other sites.

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