Laws & Regulations

Carbon Capture and Geologic Storage Regulations

The geologic storage of CO2 is among the most immediate and viable strategies for mitigating the release of CO2 into the atmosphere.  Because both the technology used for geologic CO2 sequestration and the potential issues related to land use and environmental protection are very similar to those associated with oil and gas development, the IOGCC established a Carbon Capture and Geologic Storage (CCGS) Task Force to examine the technical, policy and regulatory issues related to the safe and effective storage of CO2 in subsurface geologic media.

While some argue that governments should regulate CO2 as a waste product, Task Force members assert that such an approach sidesteps the public’s role in both the creation of CO2 and in mitigating its release into the atmosphere. Further, a waste management model leaves the burden on industry to dispose of a product from which the public must be “protected.” Conversely, a resource management framework encourages public and private sector partnership in which every party shares responsibility for reducing and mitigating CO2 emissions and allows for a unified regulatory framework. 

In partnership with the New Mexico Institute of Mining and Technology and the DOE, the IOGCC Geological CO2 Sequestration Task Force published a model statute and model rules and regulations in late 2007.  The model statue and rules and regulations can be found in the IOGCC Model Statutes & Regulations link below.  Since publication of the model rules and regulations, at least eighteen states and four Canadian provinces have reviewed the guidance document and at least eleven have moved into legislative discussions.  Some states, listed below, have already passed carbon storage laws

Selected states are profiled below in the State-by-State Regulatory Summaries. For a full state-by-state CCGS overview, visit the State Progress page. 

IOGCC Model Statutes & Regulations

CO2 Storage: A Legal and Regulatory Guide for States (2007)

In 2006, the IOGCC Carbon Capture and Geologic Storage (CCGS) Task Force began work on Phase II to start development of this detailed guidance document. The most critical components of the full report are a model CO2 storage statute, a set of model rules and regulations governing the storage of CO2 in geologic media and an explanation of those regulatory components. Also included is a report addressing the ownership and righ of injection of CO2 into the subsurface.

Individual State Regulations

North Dakota

Regulations became effective on April 1, 2010. Download a copy of North Dakota Chapters 38-22 and 43-05 Geologic Storage of Carbon Dioxide and IOGCC's comprehensive discussion of North Dakota's legislation and rules

Oklahoma

In March 2009, the Oklahoma Conservation Commission adopted permanent rules that provide a mechanism for the verification of the sequestration of carbon dioxide, both terrestrial and geologic. Download a .pdf of the rules below.

Wyoming


Wyoming Oil and Gas Conservation Commission is undergoing a rule amendment procedure that was initiated by the Wyoming Legislature in 2008. The Legislature's statute required the Commission to promulgate a carbon sequestration unitization rule.

Washington

In 2007 Washington passed general legislation relating to the mitigation of the effects of climate change.  The legislation, while addressing geologic storage of carbon dioxide, is focused on emissions reductions.  The state subsequently adopted rules (UIC rules) for geologic storage along with companion air quality regulations covering carbon dioxide emissions.  Download .pdfs of Chapters 173-407 and 173-218  WAC below.

Texas

The Texas Railroad Commission approved publication of proposed carbon storage rules on March 9, 2010.

It is anticipated that proposed carbon storage rules will be published in the March 26, 2010, edition of the Texas Register. Therefore, the comment deadline will be April 26, 2010.  Download a .pdf of the proposed rules below.

Kansas

Download a .pdf of the regulations below.