USC Subchapter VI

USC Subchapter VI
in effect

42 U.S.C. § 17251 Carbon capture

(a) Program establishment(1) In generalThe Secretary shall carry out a program to demonstrate technologies for the large-scale capture of carbon dioxide from industrial sources. In making awards under this program, the Secretary shall select, as appropriate, a diversity of capture technologies to address the need to capture carbon dioxide from a range of industrial sources. (2) Scope of awardAwards under this section shall be only for the portion of the project that—(A) carries out the large-scale capture (including purification and compression) of carbon dioxide from industrial sources; (B) provides for the transportation and injection of carbon dioxide; and (C) incorporates a comprehensive measurement, monitoring, and validation program. (3) Preferences for awardTo ensure reduced carbon dioxide emissions, the Secretary shall take necessary actions to provide for the integration of the program under this paragraph with the large-scale carbon dioxide sequestration tests described in section 16293(c) of this title. These actions should not delay implementation of these tests. The Secretary shall give priority consideration to projects with the following characteristics:(A) CapacityProjects that will capture a high percentage of the carbon dioxide in the treated stream and large volumes of carbon dioxide as determined by the Secretary. (B) SequestrationProjects that capture carbon dioxide from industrial sources that are near suitable geological reservoirs and could continue sequestration including—(i) a field testing validation activity under section 16293 of this title; or (ii) other geologic sequestration projects approved by the Secretary. (4) RequirementFor projects that generate carbon dioxide that is to be sequestered, the carbon dioxide stream shall be of a sufficient purity level to allow for safe transport and sequestration. (5) Cost-sharingThe cost-sharing requirements of section 16352 of this title for research and development projects shall apply to this section. (b) Authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out this section $200,000,000 per year for fiscal years 2009 through 2013.

42 U.S.C. § 17252 Review of large-scale programs

The Secretary shall enter into an arrangement with the National Academy of Sciences for an independent review and oversight, beginning in 2011, of the programs under section 16293(c) of this title and under section 17251 of this title, to ensure that the benefits of such programs are maximized. Not later than January 1, 2012, the Secretary shall transmit to the Congress a report on the results of such review and oversight.

42 U.S.C. § 17253 Geologic sequestration training and research

(a) Study(1) In generalThe Secretary shall enter into an arrangement with the National Academy of Sciences to undertake a study that—(A) defines an interdisciplinary program in geology, engineering, hydrology, environmental science, and related disciplines that will support the Nation’s capability to capture and sequester carbon dioxide from anthropogenic sources; (B) addresses undergraduate and graduate education, especially to help develop graduate level programs of research and instruction that lead to advanced degrees with emphasis on geologic sequestration science; (C) develops guidelines for proposals from colleges and universities with substantial capabilities in the required disciplines that seek to implement geologic sequestration science programs that advance the Nation’s capacity to address carbon management through geologic sequestration science; and (D) outlines a budget and recommendations for how much funding will be necessary to establish and carry out the grant program under subsection (b). (2) ReportNot later than 1 year after December 19, 2007, the Secretary shall transmit to the Congress a copy of the results of the study provided by the National Academy of Sciences under paragraph (1). (3) Authorization of appropriationsThere are authorized to be appropriated to the Secretary for carrying out this subsection $1,000,000 for fiscal year 2008. (b) Grant program(1) EstablishmentThe Secretary shall establish a competitive grant program through which colleges and universities may apply for and receive 4-year grants for—(A) salary and startup costs for newly designated faculty positions in an integrated geologic carbon sequestration science program; and (B) internships for graduate students in geologic sequestration science. (2) RenewalGrants under this subsection shall be renewable for up to 2 additional 3-year terms, based on performance criteria, established by the National Academy of Sciences study conducted under subsection (a), that include the number of graduates of such programs. (3) Interface with regional geologic carbon sequestration partnershipsTo the greatest extent possible, geologic carbon sequestration science programs supported under this subsection shall interface with the research of the Regional Carbon Sequestration Partnerships operated by the Department to provide internships and practical training in carbon capture and geologic sequestration. (4) Authorization of appropriationsThere are authorized to be appropriated to the Secretary for carrying out this subsection such sums as may be necessary.

42 U.S.C. § 17254 Relation to Safe Drinking Water Act

The injection and geologic sequestration of carbon dioxide pursuant to this subtitle and the amendments made by this subtitle shall be subject to the requirements of the Safe Drinking Water Act (42 U.S.C. 300f et seq.), including the provisions of part C of such Act (42 U.S.C. 300h et seq.; relating to protection of underground sources of drinking water). Nothing in this subtitle and the amendments made by this subtitle imposes or authorizes the promulgation of any requirement that is inconsistent or in conflict with the requirements of the Safe Drinking Water Act (42 U.S.C. 300f et seq.) or regulations thereunder.

42 U.S.C. § 17255 Safety research

(a) ProgramThe Administrator of the Environmental Protection Agency shall conduct a research program to address public health, safety, and environmental impacts that may be associated with capture, injection, and sequestration of greenhouse gases in geologic reservoirs. (b) Authorization of appropriationsThere are authorized to be appropriated for carrying out this section $5,000,000 for each fiscal year.

42 U.S.C. § 17256 University based research and development grant program

(a) EstablishmentThe Secretary, in consultation with other appropriate agencies, shall establish a university based research and development program to study carbon capture and sequestration using the various types of coal. (b) Rural and agricultural institutionsThe Secretary shall give special consideration to rural or agricultural based institutions in areas that have regional sources of coal and that offer interdisciplinary programs in the area of environmental science to study carbon capture and sequestration. (c) Authorization of appropriationsThere are to be authorized to be appropriated $10,000,000 to carry out this section.

42 U.S.C. § 17271 Carbon dioxide sequestration capacity assessment

(a) DefinitionsIn this section—(1) AssessmentThe term “assessment” means the national assessment of onshore capacity for carbon dioxide completed under subsection (f). (2) CapacityThe term “capacity” means the portion of a sequestration formation that can retain carbon dioxide in accordance with the requirements (including physical, geological, and economic requirements) established under the methodology developed under subsection (b). (3) Engineered hazardThe term “engineered hazard” includes the location and completion history of any well that could affect potential sequestration. (4) RiskThe term “risk” includes any risk posed by geomechanical, geochemical, hydrogeological, structural, and engineered hazards. (5) SecretaryThe term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (6) Sequestration formationThe term “sequestration formation” means a deep saline formation, unmineable coal seam, or oil or gas reservoir that is capable of accommodating a volume of industrial carbon dioxide. (b) MethodologyNot later than 1 year after December 19, 2007, the Secretary shall develop a methodology for conducting an assessment under subsection (f), taking into consideration—(1) the geographical extent of all potential sequestration formations in all States; (2) the capacity of the potential sequestration formations; (3) the injectivity of the potential sequestration formations; (4) an estimate of potential volumes of oil and gas recoverable by injection and sequestration of industrial carbon dioxide in potential sequestration formations; (5) the risk associated with the potential sequestration formations; and (6) the work done to develop the Carbon Sequestration Atlas of the United States and Canada that was completed by the Department. (c) Coordination(1) Federal coordination(A) ConsultationThe Secretary shall consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency on issues of data sharing, format, development of the methodology, and content of the assessment required under this section to ensure the maximum usefulness and success of the assessment. (B) CooperationThe Secretary of Energy and the Administrator shall cooperate with the Secretary to ensure, to the maximum extent practicable, the usefulness and success of the assessment. (2) State coordinationThe Secretary shall consult with State geological surveys and other relevant entities to ensure, to the maximum extent practicable, the usefulness and success of the assessment. (d) External review and publicationOn completion of the methodology under subsection (b), the Secretary shall—(1) publish the methodology and solicit comments from the public and the heads of affected Federal and State agencies; (2) establish a panel of individuals with expertise in the matters described in paragraphs (1) through (5) of subsection (b) composed, as appropriate, of representatives of Federal agencies, institutions of higher education, nongovernmental organizations, State organizations, industry, and international geoscience organizations to review the methodology and comments received under paragraph (1); and (3) on completion of the review under paragraph (2), publish in the Federal Register the revised final methodology. (e) Periodic updatesThe methodology developed under this section shall be updated periodically (including at least once every 5 years) to incorporate new data as the data becomes available. (f) National assessment(1) In generalNot later than 2 years after the date of publication of the methodology under subsection (d)(1), the Secretary, in consultation with the Secretary of Energy and State geological surveys, shall complete a national assessment of capacity for carbon dioxide in accordance with the methodology. (2) Geological verificationAs part of the assessment under this subsection, the Secretary shall carry out a drilling program to supplement the geological data relevant to determining sequestration capacity of carbon dioxide in geological sequestration formations, including—(A) well log data; (B) core data; and (C) fluid sample data. (3) Partnership with other drilling programsAs part of the drilling program under paragraph (2), the Secretary shall enter, as appropriate, into partnerships with other entities to collect and integrate data from other drilling programs relevant to the sequestration of carbon dioxide in geological formations. (4) Incorporation into NatCarb(A) In generalOn completion of the assessment, the Secretary of Energy and the Secretary of the Interior shall incorporate the results of the assessment using—(i) the NatCarb database, to the maximum extent practicable; or (ii) a new database developed by the Secretary of Energy, as the Secretary of Energy determines to be necessary. (B) RankingThe database shall include the data necessary to rank potential sequestration sites for capacity and risk, across the United States, within each State, by formation, and within each basin. (5) ReportNot later than 180 days after the date on which the assessment is completed, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the findings under the assessment. (6) Periodic updatesThe national assessment developed under this section shall be updated periodically (including at least once every 5 years) to support public and private sector decisionmaking. (g) Authorization of appropriationsThere is authorized to be appropriated to carry out this section $30,000,000 for the period of fiscal years 2008 through 2012.

42 U.S.C. § 17272 Assessment of carbon sequestration and methane and nitrous oxide emissions from ecosystems

(a) DefinitionsIn this section:(1) Adaptation strategyThe term “adaptation strategy” means a land use and management strategy that can be used—(A) to increase the sequestration capabilities of covered greenhouse gases of any ecosystem; or (B) to reduce the emissions of covered greenhouse gases from any ecosystem. (2) AssessmentThe term “assessment” means the national assessment authorized under subsection (b). (3) Covered greenhouse gasThe term “covered greenhouse gas” means carbon dioxide, nitrous oxide, and methane gas. (4) EcosystemThe term “ecosystem” means any terrestrial, freshwater aquatic, or coastal ecosystem, including an estuary. (5) Native plant speciesThe term “native plant species” means any noninvasive, naturally occurring plant species within an ecosystem. (6) SecretaryThe term “Secretary” means the Secretary of the Interior. (b) Authorization of assessmentNot later than 2 years after the date on which the final methodology is published under subsection (f)(3)(D), the Secretary shall complete a national assessment of—(1) the quantity of carbon stored in and released from ecosystems, including from man-caused and natural fires; and (2) the annual flux of covered greenhouse gases in and out of ecosystems. (c) ComponentsIn conducting the assessment under subsection (b), the Secretary shall—(1) determine the processes that control the flux of covered greenhouse gases in and out of each ecosystem; (2) estimate the potential for increasing carbon sequestration in natural and managed ecosystems through management activities or restoration activities in each ecosystem; (3) develop near-term and long-term adaptation strategies or mitigation strategies that can be employed—(A) to enhance the sequestration of carbon in each ecosystem; (B) to reduce emissions of covered greenhouse gases from ecosystems; and (C) to adapt to climate change; and (4) estimate the annual carbon sequestration capacity of ecosystems under a range of policies in support of management activities to optimize sequestration. (d) Use of native plant speciesIn developing restoration activities under subsection (c)(2) and management strategies and adaptation strategies under subsection (c)(3), the Secretary shall emphasize the use of native plant species (including mixtures of many native plant species) for sequestering covered greenhouse gas in each ecosystem. (e) Consultation(1) In generalIn conducting the assessment under subsection (b) and developing the methodology under subsection (f), the Secretary shall consult with—(A) the Secretary of Energy; (B) the Secretary of Agriculture; (C) the Administrator of the Environmental Protection Agency; (D) the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere; and (E) the heads of other relevant agencies. (2) Ocean and coastal ecosystemsIn carrying out this section with respect to ocean and coastal ecosystems (including estuaries), the Secretary shall work jointly with the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere. (f) Methodology(1) In generalNot later than 1 year after December 19, 2007, the Secretary shall develop a methodology for conducting the assessment. (2) RequirementsThe methodology developed under paragraph (1)—(A) shall—(i) determine the method for measuring, monitoring, and quantifying covered greenhouse gas emissions and reductions; (ii) estimate the total capacity of each ecosystem to sequester carbon; and (iii) estimate the ability of each ecosystem to reduce emissions of covered greenhouse gases through management practices; and (B) may employ economic and other systems models, analyses, and estimates, to be developed in consultation with each of the individuals described in subsection (e). (3) External review and publicationOn completion of a proposed methodology, the Secretary shall—(A) publish the proposed methodology; (B) at least 60 days before the date on which the final methodology is published, solicit comments from—(i) the public; and (ii) heads of affected Federal and State agencies; (C) establish a panel to review the proposed methodology published under subparagraph (A) and any comments received under subparagraph (B), to be composed of members—(i) with expertise in the matters described in subsections (c) and (d); and (ii) that are, as appropriate, representatives of Federal agencies, institutions of higher education, nongovernmental organizations, State organizations, industry, and international organizations; and (D) on completion of the review under subparagraph (C), publish in the Federal Register the revised final methodology. (g) Estimate; reviewThe Secretary shall—(1) based on the assessment, prescribe the data, information, and analysis needed to establish a scientifically sound estimate of the carbon sequestration capacity of relevant ecosystems; and (2) not later than 180 days after the date on which the assessment is completed, submit to the heads of applicable Federal agencies and the appropriate committees of Congress a report that describes the results of the assessment. (h) Data and report availabilityOn completion of the assessment, the Secretary shall incorporate the results of the assessment into a web-accessible database for public use. (i) AuthorizationThere is authorized to be appropriated to carry out this section $20,000,000 for the period of fiscal years 2008 through 2012.

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