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                                                                                         Updated February 21, 2020

Carbon Sequestration Legislation in the 116th Congress


Utilizing permanent underground storage of carbon dioxide
(CO2), also known as geological sequestration, as a
potential strategy to reduce net greenhouse gas (GHG)
emissions is receiving increasing congressional attention.
Proponents of geological sequestration of CO2 view the
process as a promising method of reducing GHG emissions
from stationary sources, such as coal-fired power plants,
while continuing to use fossil fuels as a source of
electricity. Several bills introduced in the 116th Congress
would address geological sequestration policy issues,
focusing on federal research and development (R&D) and
federal tax credits for storing carbon.


Geological sequestration of C02, a type of carbon storage,
is the process of storing CO2 by injecting it into an
underground geological formation. Geological
sequestration is the final step in a carbon capture and
storage (CCS) system sometimes referred to more
expansively as CCUS (carbon capture, utilization, and
storage). Geological sequestration is intended to trap CO2
emitted from anthropogenic sources permanently
underground and reduce net emissions of this GHG into the
atmosphere. CO2 can also be stored underground when
injected as part of oil and gas production (called enhanced
oil recovery, or BOR).

In a CCS system, CO2 is captured from a stationary source,
compressed into a fluid to allow for transportation by
pipeline, and then injected through specially designed wells
into geological formations typically a half a mile or more
below the Earth's surface. An emerging technology to
capture CO2 directly from the atmosphere direct air
capture (DAC) could also serve as a source of CO2 for
geological sequestration. Subsurface geological formations
across the United States could be suitable for large-scale
sequestration of CO2. These include, for example, deep
saline reservoirs (underground basins containing salty
fluids) and oil and gas reservoirs no longer in production.
CO2 may also be sequestered offshore in deep ocean waters
or under the seabed. When injected deep enough
underground, high pressures combined with impermeable
rocks above the target formation are expected to keep the
CO2 from migrating upward into shallower groundwater or
into other geological formations. For additional information
on the technical aspects of CCS, see CRS Report R44902,
Carbon Capture and Sequestration (CCS) in the United
States, by Peter Folger.


Over the last decade, the focus of federal R&D efforts for
geological sequestration has shifted from small


demonstration projects to exploring the use of sequestration
as a technically and commercially viable method for storing
large volumes of captured CO2. The U.S. Department of
Energy (DOE) leads the federal government's R&D efforts
in geological sequestration of CO2 as part of the agency's
fossil fuel programs. DOE's work includes conducting
fundamental laboratory research on wells, storage design,
geological settings, and monitoring and assessment of the
injected CO2. DOE also sponsors numerous geological
sequestration testing and validation projects through
partnerships with the petroleum and chemical industries and
public and private research institutions. To date in the
United States, nine R&D projects have injected CO2 into
underground formations in large-scale field tests of
permanent geological sequestration and storage associated
with EOR. Four of these projects are currently injecting
and/or storing CO2.


Some Members of Congress have introduced legislation
intended to support geological sequestration R&D. (See
Table 1 for a list of legislation introduced in the 116th
Congress.) Several bills S. 383/H.R. 1166, S. 1201, and
H.R. 3607 would enhance DOE's work in supporting
geological sequestration through continuation and/or
expansion of its CCS programs, including carbon storage
programs. These bills would amend current statutes to
direct DOE to develop and implement R&D programs
related to geological sequestration methods, storage siting,
and assessment of potential impacts. S. 1201 and H.R. 3607
would also direct DOE to continue its partnership programs
for large-scale sequestration demonstration projects. S.
383/H.R. 1166 and S. 1201 would require reports to
Congress, such as a report from DOE on saline reservoir
storage and a report from the Council on Environmental
Quality on ways to facilitate development of CCS projects.

Legislation addressing federal tax credits for carbon storage
is receiving significant industry attention. Two bills in the
116th Congress H.R. 5883 and S. 2263  would address
these tax credits (see Table 1). H.R. 5883 would increase
the tax credit for DAC facilities, remove the deadline for
beginning construction of a qualified facility, and reduce
the amount of carbon oxide required to be captured by
qualifying DAC facilities. S. 2263 would amend the federal
tax code, Section 45Q, by changing what is considered
secure geological storage of carbon oxide (a more general
term covering CO2 and other oxides) and set out eligibility
requirements for tax credits for carbon oxide storage
associated with EOR.


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