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Code · BILL · 115th Congress · S. 2602 (Introduced in Senate) — To support carbon dioxide utilization and direct air capture research, to facilitate the permitting and development o... · Sec. 202

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

822 words·~4 min read·/bill/115/s/2602/is/section-202

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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— to facilitate reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; and 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.
The guidance under paragraph
(1)shall— address requirements under— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.); the Clean Air Act ( 42 U.S.C. 7401 et seq.); the Safe Drinking Water Act ( 42 U.S.C. 300f et seq.); the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act ); the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq.); the Act of June 8, 1940 ( 16 U.S.C. 668 et seq.) (commonly known as the Bald and Golden Eagle Protection Act ); and any other Federal law that the Chair determines to be appropriate; and 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. The Chair shall— 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 publish and make publicly available the guidance under paragraph (1). 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. The Chair shall— develop criteria for the selection of members to each task force; and select members for each task force in accordance with clause
(i)and subparagraph (B). Each task force— shall include not less than 1 representative of each of— the Environmental Protection Agency; the Department of Energy; the Department of the Interior; any other Federal agency the Chair determines to be appropriate; any State that requests participation in the geographical area covered by the task force; industry; and nongovernmental organizations; and at the request of a Tribal or local government, may include a representative of— not less than 1 local government in the geographical area covered by the task force; and not less than 1 Tribal government in the geographical area covered by the task force. Each task force shall meet not less than twice each year. To the maximum extent practicable, the task forces shall meet collectively not less than once each year. Each task force shall— inventory existing or potential approaches to facilitate reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; 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; 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 develop guidance for relevant Federal agencies on how to develop and research technologies that— can capture carbon dioxide; and 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) ). Each year, each task force shall prepare and submit to the Chair and to the other task forces a report that includes— 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 any other nationally relevant information that the task force has collected in carrying out the duties under paragraph (4). The Chair shall— evaluate the reports under paragraph
(5)and, as necessary, revise the guidance under subsection (a); and 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).
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