CCUS Projects & Environmental Law: The US Regulatory Landscape

December 12-13, 2023 | Online :: Central Time

1223-ccus-projects

Carbon capture, sequestration, utilization, and storage (CCUS) will be essential in meeting net-zero GHG emission goals. Although Congress has accelerated CCUS as a national decarbonization strategy with billions in new investments, CCUS projects still face many obstacles in the U.S., and current federal environmental laws and regulations may often impede progress. The permitting and regulatory approvals needed for a CCUS project are complex and may require a multitude of federal, state, and local authorizations. The precise mix of environmental permits, authorizations, and/or reviews needed will be project specific. 

EUCI’s CCUS Projects & Environmental Law course will equip you with the details needed to understand the environmental regulatory requirements and landscape for a CCUS project. Register now for this course to get an in-depth picture of the laws and regulations that may affect CCUS projects and pipelines needed for large-scale CCUS projects.

Learning Outcomes

This virtual forum will provide attendees an opportunity to:

• Develop an understanding of the environmental laws and requirements affecting CCUS projects
• Examine the legal framework controlling CCUS project development
• Review NEPA requirements for CCUS projects
• Analyze UIC permitting for CCUS projects
• Analyze Clean Water Act (CWA)requirements for CCUS projects
• Identify National Historic Preservation Act (NHPA) requirements for CCUS projects
• Define Endangered Species Act (ESA)requirements for CCUS projects
• Discuss best practices for managing environmental permitting and assessment deadlines
• Define actions to shorten the permitting timeline for CCUS projects

Tuesday, December 12, 2023 : Central Time

 

Overview of Environmental Regulations Affecting CCUS

The permitting of a CCUS project is complex and may require a combination of federal, state, and local permits or authorizations. For federal review, a project may require Clean Air Act permits, an Underground Injection Control permit, and a Clean Water Act permit, among others. For offshore projects, a CCUS project will need to comply with the Marine Protection, Research and Sanctuaries Act (MPRSA) and the Outer Continental Shelf Lands Act (OCSLA). CCUS projects on federal lands, supported by federal funds, or that require certain federal permits and authorizations, must also comply with NEPA, Section 7 of the Endangered Species Act (ESA), and the National Historic Preservation Act. This section will detail how CCUS developers must navigate the complex patchwork of state and local laws and regulations.

National Environmental Policy Act (NEPA) 

CCUS projects in the United States may receive federal funding, whether they are in development or fully operational. NEPA is triggered if federal funding involves significant federal control or influence over the use of funds. Recently, the federal government has taken actions to facilitate NEPA reviews for CCUS projects. CEQ’s second NEPA regulatory revision is expected later this year, which could further complicate the NEPA review process.  This session will cover: 

• NEPA Applicability
• The NEPA Process
• NEPA Exclusions
• Recent NEPA Revisions

Compliance with the Clean Water Act (CWA) 

A federal permit may be required under the Clean Water Act if a CCUS project or pipeline crosses water or wetlands. The Army Corps of Engineers issues permits for discharge of dredge or fill materials under Section 404 of the Clean Water Act. Section 404 requires a permit for any utility line crossing that requires the discharge of dredge or fill materials into “waters of the U.S.” 

12:00 – 1:00 p.m. :: Lunch Break

National Historic Preservation Act (NHPA)

The National Historic Preservation Act (NHPA) may require federal review of a CCUS project or pipeline if it has the potential to impact a federally recognized historic or cultural property. If the lead agency determines that a CCUS project is the type of activity that has the potential to effect historic properties, then it must consult with the appropriate State Historic Preservation Office, Tribal Historic Preservation Office, and any Indian tribe that attaches religious and cultural significance to identified historic properties.

Managing Air Quality Compliance

The federal Environmental Protection Agency’s (EPA’s) Greenhouse Gas Reporting Program (GHGRP) requires reporting of greenhouse gas (GHG) data and other relevant information from large GHG emission sources, fuel and industrial gas suppliers, and carbon oxide injection sites in the U.S. Depending on their size and location, CCUS projects may also have to obtain certain CAA construction or operating permits. Carbon dioxide leakage from a CCUS project could result in violations of its applicable CAA permits.  This session will cover:

• Greenhouse Gas Reporting Program and associated CCUS reporting
• Potential Clean Air Act Permits needed for a CCUS project

Navigating Underground Injection Control Permitting

The Safe Drinking Water Act requires the EPA to establish rules to protect underground sources of drinking water. The EPA developed the Underground Injection Control (UIC) program, which sets rules for operating underground injection wells. EPA has regulations and minimum federal requirements for six classes of injection wells. CCUS projects fall within two primary UIC well classes:

• Class II wells
• Class VI wells

Wednesday, December 13, 2023 : Central Time

 

Ensuring Pipeline Safety

Attendees will examine the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) oversight of interstate carbon dioxide pipelines. The PHMSA’s Office of Pipeline Safety regulates the design, construction, operation, maintenance, and spill response planning for regulated pipelines. 

• PHMSA Safety Standards

Best Practices for Navigating Permitting & Regulation

Attendees will get a detailed look at how to best navigate the evolving legal landscape of CCUS deployment. Permitting and deployment of CCUS will require careful and strategic consideration of the legal framework while it is being tested and is still evolving. This session will deliver:

• Targeted resources for expediting EPA review
• Accelerating the primacy approval process
• Managing permitting timelines effectively

12:00 p.m. :: Course Adjourns

Clare Ellis, Counsel, Hunton Andrews Kurth

Clare counsels clients on environmental and other regulatory matters, with a focus on transportation and energy project planning and execution. Clare has experience in an array of regulatory matters related to transportation and energy industry project permitting, construction, recordkeeping and regulatory compliance. She has assisted a diverse set of clients—from pipeline developers to public transportation authorities—to understand the implications of regulatory, statutory, and permitting requirements for the delivery of infrastructure projects. She is well-versed in a broad spectrum of environmental and transportation regulatory programs and frequently works with clients in interfacing with federal oversight agencies, including PHMSA, FERC, EPA, FHWA, FTA, and their state counterparts.

---

Jason Hill, Counsel, Hunton Andrews Kurth

Jason has over 20 years of experience in the environmental and natural resources space. With a background in administrative law, as it relates to energy and mineral resource issues, Jason provides guidance on compliance with the Surface Mining Control and Reclamation Act (SMCRA), National Environmental Policy Act (NEPA), Endangered Species Act (ESA), Federal Oil and Gas Royalty Management Act (FOGRMA), the Mineral Leasing Act (MLA), and the Outer Continental Shelf Lands Act (OCSLA).

Jason’s understanding of regulations and the agencies that enforce them stems from his government experience. He served in several high-ranking positions at the Department of the Interior (DOI), including as the immediate former Chief Administrative Judge of the Interior Board of Land Appeals, former Deputy Solicitor for Energy & Mineral Resources, and former senior counselor for the Bureau of Land Management (BLM). Jason also served as a trial attorney at the Department of Justice (DOJ) in the Natural Resources Section of the Environment & Natural Resources Division for a decade.

We will be using Microsoft Teams to facilitate your participation in the upcoming event. You do not need to have an existing Teams account in order to participate in the broadcast – the course will play in your browser and you will have the option of using a microphone to speak with the room and ask questions, or type any questions in via the chat window and our on-site representative will relay your question to the instructor.

• Microsoft recommends downloading and installing the Teams app if possible. You may also use the Edge browser or Chrome.
• You will receive a separate email with a unique link to a personalized landing page which will include links to join all sessions of this event.
• If you are using a microphone, please ensure that it is muted until such time as you need to ask a question.
• The remote meeting connection will be open approximately 30 minutes before the start of the course. We encourage you to connect as early as possible in case you experience any unforeseen problems.

Please Note: This event is being conducted entirely online. All attendees will connect and attend from their computer, one connection per purchase. For details please see our FAQ

If you are unable to attend at the scheduled date and time, we make recordings available to all attendees for 7 days after the event

REGISTER NOW FOR THIS EVENT:

CCUS Projects & Environmental Law: The US Regulatory Landscape

December 12-13, 2023 | Online

Your registration may be transferred to a member of your organization up to 24 hours in advance of the event. Cancellations must be received on or before November 10, 2023 in order to be refunded and will be subject to a US $195.00 processing fee per registrant. No refunds will be made after this date. Cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event. This credit will be good for six months from the cancellation date. In the event of non-attendance, all registration fees will be forfeited. In case of conference cancellation, EUCIs liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our offices at 303-770-8800

Credits

EUCI is accredited by the International Accreditors for Continuing Education and Training (IACET) and offers IACET CEUs for its learning events that comply with the ANSI/IACET Continuing Education and Training Standard. IACET is recognized internationally as a standard development organization and accrediting body that promotes quality of continuing education and training.

EUCI is authorized by IACET to offer 0.9 CEUs for this event

Requirements for Successful Completion of Program

Participants must sign in/out each day and be in attendance for the entirety of the course to be eligible for continuing education credit.

Instructional Methods

Case Studies, Panel Discussions and PowerPoint presentations will be used in the program.

---

Upon successful completion of this event, program participants interested in receiving CPE credits will receive a certificate of completion.

Course CPE Credits: 11.0
There is no prerequisite for this Course.
Program field of study: Specialized Knowledge
Program Level: Basic
Delivery Method: Group Internet Based
Advanced Preparation: None

EUCI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org

 

Who Should Attend

• CCS/CCUS Project Developers
• Storage Facility & Pipeline Leaders
• CO₂ Technology Developers
• Oil & Gas Field Leaders
• Carbon Capture Equipment Manufacturers
• Engineering Firms
• Consultants
• Financiers