By Erin Voegele
The White House Office of Management and Budget on June 13 published its Spring 2023 Unified Agenda and Regulatory Plan, which shows several rulemakings related to carbon capture and storage (CCS) are underway by federal agencies.
The agenda outlines actions federal agencies plan to issue in both the near term and the long term. It is released twice per year by the OMB’s Office of Information and Regulatory Affairs and aims to provide public notice and transparency about proposed regulatory and deregulatory actions.
According to the spring 2023 agenda, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration currently plans to issue notice of proposed rulemaking (NPRM) in January 2024 that would amend PHSMA’s pipeline safety regulations to adopt revisions that would enhance the safe transportation of carbon dioxide by pipelines to accommodate an anticipated increase in the number of carbon dioxide pipelines and volume of carbon dioxide transported. The NPRM is also expected to include requirements related to emergency preparedness and response for carbon dioxide.
The USDA’s Forest Service is expected to issue a separate NPRM in August 2023 that aims to support responsible deployment of carbon capture, utilization and sequestration (CCUS) by amending Forest Service regulations to allow exclusive or perpetual right of use or occupancy of National Forest System lands for CCUS. According to the agenda, the proposed rulemaking would amend initial screen criteria in existing regulations to allow for permanent carbon dioxide sequestration on NFS lands to support CCUS-related activities.
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