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Regulating Geologic Sequestration in the United States: Early Rules Take Divergent Approaches

2009
Scholarly Work
Melisa F. Pollak, Elizabeth J. Wilson
This paper compares state and federal regulations for the geological sequestration (GS) of carbon dioxide, focusing on elements where their differences highlight the choices that must be made to create a regulatory framework for GS in the U.S.

20 Ill. Comp. Stat. Ann. 3855/1-75

2009
Enacted Legislation
State of Illinois
This section in the Illinois Power Agency Act requires a 5% clean coal portfolio standard for utilities and sets parameters for “initial clean coal plants” that include at least 50% carbon capture and sequestration.

220 Ill. Comp. Stat. Ann. 5/16-115

2009
Enacted Legislation
State of Illinois
To supply electricity to alternative retail electric suppliers as part of their renewable energy portfolios, clean coal facilities must sequester 50% of CO2 emissions or purchase offsets to cover any drop of the total emissions sequestered below 50%.

Mont. Code Ann. § 75-5-401

2009
Enacted Legislation
State of Montana
Exempts CO2 injection wellsfrom water permit requirements if they are properly permitted under oil and gas code.

Mont. Code Ann. § 82-11-101 et seq.

2009
Enacted Legislation
State of Montana
Statute that provides for regulation of CO2 wells by the Board of Oil and Gas Conservation, contingent on the U.S. EPA’s grant of primacy to administer activities at CO2 sequestration wells.

Mont. Code Ann. § 82-11-111

2009
Enacted Legislation
State of Montana
Gives Board exclusive jurisdiction over CO2 injection wells and geologic storage reservoirs, allowing the Board to issue permits, adopt design standards, and establish measures to prevent contamination, among other things.

Mont. Code Ann. § 82-11-123

2009
Enacted Legislation
State of Montana
Specifies standards necessary for the operation of a CO2 injection well including monitoring, record keeping, labeling and equipment.

Mont. Code Ann. § 82-11-127

2009
Enacted Legislation
State of Montana
Prohibits operation of a CO2 well without a permit.

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