Events

Babst Calland joins EUCI for “CCUS Projects & Environmental Law,” November 2-3, 2022. Carbon capture, sequestration, utilization, and storage (CCUS) will be essential in meeting net zero GHG emission goals. Although Congress has accelerated CCUS as a national decarbonization strategy with billions in new investments, CCS projects still face many obstacles in the US, and current federal environmental laws and regulations may often impede progress. The permitting and regulatory approvals needed for a CCUS project are complex and may require a multitude of federal, state, and local authorizations. The precise mix of environmental permits, authorizations, and/or reviews needed will be project specific. This course will equip you with the details needed to understand the environmental regulatory requirements and landscape for a CCUS project.

Gary Steinbauer

Environmental Attorney Gary Steinbauer will present an “Introduction & Overview of Environmental Regulations Affecting CCUS.” The permitting of a CCUS project is complex and may require a combination of federal, state, and local permits or authorizations. For federal review, a project may require Clean Air Act permits, an Underground Injection Control permit, and a Clean Water Act permit, among others. For offshore projects, a CCUS project will need to comply with the Marine Protection, Research and Sanctuaries Act (MPRSA) and the Outer Continental Shelf Lands Act (OCSLA). CCUS projects on federal lands, supported by federal funds, or that require certain federal permits and authorizations, must also comply with NEPA, Section 7 of the Endangered Species Act (ESA), and the National Historic Preservation Act. CCUS developers must also navigate the complex patchwork of state and local laws and regulations.

Gary will also present “Air Quality.” The federal Environmental Protection Agency’s (EPA’s) Greenhouse Gas Reporting Program (GHGRP) requires reporting of greenhouse gas (GHG) data and other relevant information from large GHG emission sources, fuel and industrial gas suppliers, and carbon oxide injection sites in the US. Depending on their size and location, CCUS projects may also have to obtain certain CAA construction or operating permits. Carbon dioxide leakage from a CCUS project could result in violations of its applicable CAA permits.  This session will cover:

• Greenhouse Gas Reporting Program and associated CCUS reporting
• Potential Clean Air Act Permits needed for a CCUS project

Chris Kuhman

Pipeline Attorney Chris Kuhman will present “Pipeline Safety.” The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has primary authority to regulate interstate carbon dioxide pipelines. The PHMSA’s Office of Pipeline Safety regulates the design, construction, operation, maintenance, and spill response planning for regulated pipelines.

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