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Title II — Improvement of permitting process for carbon dioxide capture and infrastructure proj­ects

S. 2602 · 115th Congress · Mar 22, 2018 · Lineage

II Improvement of permitting process for carbon dioxide capture and infrastructure proj­ects

Sec. 201 Inclusion of carbon capture infrastructure projects

Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is amended—
(1)
in subparagraph (A)—
(A)
in the matter preceding clause (i), by inserting “carbon capture,” before “renewable or conventional”;
(B)
in clause (i)(III), by striking “or” at the end;
(C)
by redesignating clause (ii) as clause (iii); and
(D)
by inserting after clause (i) the following:

“(ii) is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines; or”

(2)
by adding at the end the following:

“(C) Associated definition—For purposes of subparagraph (A), the term construction of infrastructure for carbon capture includes construction of any facility, technology, or system that captures, utilizes, or sequesters carbon dioxide emissions and carbon dioxide pipelines.”

Sec. 202 Development of carbon capture, utilization, and sequestration permitting guidance and regional permitting task force

(a)
Development of guidance—
(1)
In general— Not later than 1 year after the date of enactment of this Act, the Chair of the Council on Environmental Quality (referred to in this section as the “Chair”), in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of the Interior, and the head of any other relevant Federal agency (as determined by the President), shall prepare guidance—
(A)
to facilitate reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; and
(B)
that identifies current or emerging activities that transform captured carbon dioxide into a product of commercial value, or as an input to products of commercial value.
(2)
Requirements— The guidance under paragraph (1) shall—
(A)
address requirements under—
(i)
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii)
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(iii)
the Clean Air Act (42 U.S.C. 7401 et seq.);
(iv)
the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(v)
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(vi)
division A of subtitle III of title 54, United States Code (formerly known as the “National Historic Preservation Act”);
(vii)
the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
(viii)
the Act of June 8, 1940 (16 U.S.C. 668 et seq.) (commonly known as the “Bald and Golden Eagle Protection Act”); and
(ix)
any other Federal law that the Chair determines to be appropriate; and
(B)
include guidance to States for the development of programmatic environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for siting, analyzing, and authorizing carbon dioxide pipeline networks.
(3)
Submission; publication— The Chair shall—
(A)
submit the guidance under paragraph (1) to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives; and
(B)
publish and make publicly available the guidance under paragraph (1).
(b)
Task force—
(1)
Establishment— Not later than 18 months after the date of enactment of this Act, the Chair shall establish not less than 2 task forces, which shall each cover a different geographical area that faces differing demographic, land use, or geological issues, to identify permitting challenges that permitting authorities and project developers and operators face.
(2)
Members and selection—
(A)
In general— The Chair shall—
(i)
develop criteria for the selection of members to each task force; and
(ii)
select members for each task force in accordance with clause (i) and subparagraph (B).
(B)
Members— Each task force—
(i)
shall include not less than 1 representative of each of—
(I)
the Environmental Protection Agency;
(II)
the Department of Energy;
(III)
the Department of the Interior;
(IV)
any other Federal agency the Chair determines to be appropriate;
(V)
any State that requests participation in the geographical area covered by the task force;
(VI)
industry; and
(VII)
nongovernmental organizations; and
(ii)
at the request of a Tribal or local government, may include a representative of—
(I)
not less than 1 local government in the geographical area covered by the task force; and
(II)
not less than 1 Tribal government in the geographical area covered by the task force.
(3)
Meetings—
(A)
In general— Each task force shall meet not less than twice each year.
(B)
Joint meeting— To the maximum extent practicable, the task forces shall meet collectively not less than once each year.
(4)
Duties— Each task force shall—
(A)
inventory existing or potential approaches to facilitate reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines;
(B)
develop common models for State-level carbon dioxide pipeline regulation and oversight guidelines that can be shared with States in the geographical area covered by the task force;
(C)
provide technical assistance to States in the geographical area covered by the task force in implementing regulatory requirements and any models developed under subparagraph (B); and
(D)
develop guidance for relevant Federal agencies on how to develop and research technologies that—
(i)
can capture carbon dioxide; and
(ii)
would be able to be deployed within the region covered by the task force, including any projects that have received technical or financial assistance for research under paragraph (6) of section 103(g) of the Clean Air Act (42 U.S.C. 7403(g)).
(5)
Report— Each year, each task force shall prepare and submit to the Chair and to the other task forces a report that includes—
(A)
any recommendations for improvements in the issuance or administration of Federal permits and other Federal authorizations required under a law described in subsection (a)(2)(A); and
(B)
any other nationally relevant information that the task force has collected in carrying out the duties under paragraph (4).
(6)
Evaluation and revision— The Chair shall—
(A)
evaluate the reports under paragraph (5) and, as necessary, revise the guidance under subsection (a); and
(B)
submit to the Committee on Environment and Public Works of the Senate, the Committee on Energy and Commerce of the House of Representatives, and relevant Federal agencies each year any revisions to the guidance under subsection (a) and a report that describes any recommendations for legislation, rules, or revisions to rules that would address the issues identified by the task forces under paragraph (5).