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S. 2263: CO2 Regulatory Certainty Act


The text of the bill below is as of Jul 25, 2019 (Introduced).


II

116th CONGRESS

1st Session

S. 2263

IN THE SENATE OF THE UNITED STATES

July 25, 2019

(for himself, Mr. Daines, Mrs. Hyde-Smith, Mr. Wicker, and Mr. Cramer) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to enhance the requirements for secure geological storage of carbon oxide for purposes of the carbon oxide sequestration credit, and for other purposes.

1.

Short title

This Act may be cited as the CO2 Regulatory Certainty Act.

2.

Secure geological storage of carbon oxide

(a)

In general

Paragraph (2) of section 45Q(f) of the Internal Revenue Code of 1986 is amended to read as follows:

(2)

Secure geological storage

(A)

In general

The Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, and the Secretary of the Interior, shall establish regulations for determining adequate security measures for the geological storage of carbon oxide under subsection (a) such that the carbon oxide does not escape into the atmosphere. Such term shall include storage at deep saline formations, oil and gas reservoirs (including storage associated with qualified enhanced oil or natural gas recovery projects), and unminable coal seams under such conditions as the Secretary may determine under such regulations.

(B)

Requirements

The regulations established pursuant to subparagraph (A) shall provide that—

(i)

for purposes of paragraph (1)(B) or (3)(B) of subsection (a), carbon oxide shall be considered disposed of in secure geological storage if such carbon oxide is stored in compliance with rules promulgated by the Environmental Protection Agency under subpart RR of part 98 of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph), under the Clean Air Act (42 U.S.C. 7401 et seq.) and rules under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) which are applicable to carbon oxide disposed of in secure geological storage and not used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project, and

(ii)

for purposes of paragraph (2)(B)(i) or (4)(B)(i) of subsection (a), carbon oxide shall be considered disposed of in secure geological storage at a qualified enhanced oil or natural gas recovery project if—

(I)

such carbon oxide is injected in compliance with rules promulgated by the Environmental Protection Agency which are applicable to carbon oxide used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project under subpart C of part 146 of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph), under the Safe Drinking Water Act, to the extent such rules are applicable to Class II wells,

(II)

the injection of such carbon oxide at such project is reported in compliance with subpart UU of part 98 of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph), under the Clean Air Act,

(III)

the supply of such carbon oxide to such project is reported in compliance with subpart PP of part 98 of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph), under the Clean Air Act,

(IV)

the atmospheric emission of such carbon oxide from such project is reported in compliance with subparts C and W of part 98 of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph), under the Clean Air Act, to the extent such subparts are applicable to such project, and

(V)

the demonstration and documentation of the containment, monitoring and quantification of such carbon oxide conforms to ISO 27916:2019 (entitled Carbon dioxide capture, transportation and geological storage - Carbon dioxide storage using enhanced oil recovery (CO2-EOR)) or the equivalent standard of the American National Standards Institute.

.

(b)

Qualified enhanced oil or natural gas recovery project

Paragraph (2) of section 45Q(e) of the Internal Revenue Code of 1986 is amended—

(1)

by striking by substituting and inserting “determined—

(A)

by substituting—

,

(2)

by striking the period and inserting , and, and

(3)

by inserting at the end the following:

(B)

without regard to subparagraph (A)(iii) thereof.

.