RFP Closed

Study on States’ Policies and Regulations per CO2-EOR-Storage Conventional, ROZ and EOR in Shale: Permitting, Infrastructure, Incentives, Royalty Owners, Eminent Domain, Mineral-pore Space, and Storage Lease Issues.

Funding Agency: 
United States Department of Energy - Office of Fossil Energy
Implementing Agency: 
United States Energy Association
RFP Closing Date: 
March 26th, 2021

The United States has multiple CCUS facilities in operation and in development and marketplace developments and updates to the Section 45Q Tax Credit will likely result in an increase in the number of projects.  As such, it is necessary to understand the Federal, Tribal and State policies and regulations regarding:

  • land use, mineral and pore space rights;
  • storage rights;
  • royalty owners;
  • ownership;
  • shale EOR and CO2 storage considerations, including revue on wells with laterals;
  • Federal and State eminent domain;
  • Unitization;
  • Federal and Tribal Sovereignty 

With the expected increase in interest prompted by the prospective use of 45Q tax credits, policymakers, investors and regulators will require certainty regarding the security of CO2 storage over a long time horizon.

It will be necessary to understand the policies and regulations for CO2 that is produced in one state, transported through several states in interstate pipelines, and injected for EOR in wells that may draw from oil reservoirs in more than one state, etc. 

This study will review and catalog policies and regulations in selected states to determine the legal/regulatory framework currently in place and provide recommendations for changes to facilitate large scale CCUS deployment for coal power generation and industrial processes.

In addition, the study will give a more detailed view of local aspects of this emerging industry including: permitting, infrastructure right of ways, production and disposal requirements, etc.    

An outcome of this study will be a listing by the selected States, check list and/or matrix of the various surface/subsurface regulations pertinent to the management of CO2 utilization and storage.

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