Published November 08, 2023
By Christine Reed
The Center for Energy Regulation and Policy Analysis (CERPA) in the School of Energy Resources (SER) released a resource paper exploring challenges posed by carbon dioxide (CO2) plume migration when permanently store in the subsurface.
Entitled, Regulatory Considerations for Carbon Dioxide Storage and Plume Migration on Interstate and Federal Lands, the paper identifies and analyzes the scope of legal and regulatory concerns arising from the potential for interstate CO2 storage by looking at the current regulation and permitting structures in Wyoming’s neighboring states as well as the challenges posed on federal lands.
The study is the result of a collaboration between the Plains CO2 Reduction Partnership (PCOR) and the Wyoming Department of Environmental Quality.
Led by CERPA Associate Research Scientist Madeleine Lewis, the paper adapts portions of her previously published article, The Space Between Us: Transboundary Challenges of Geologic Carbon Storage in Interstate and Federal Pore Space, and expands upon it for a Wyoming-centric analysis with co-author and fellow SER research scientist, Selena Gerace.
“The storage aspect of carbon capture and storage has presented a host of novel issues including property ownership, agency authority, and environmental risk, and how these issues have been addressed vary significantly from state to state,” says Lewis. “Wyoming has been a leader in terms of establishing a cohesive statutory and regulatory framework for carbon management, but in order to be successful, it will need to collaborate regionally with federal partners and neighboring state agencies.”
The paper delves into current permitting and administrative entities identified to regulate carbon capture and storage (CCS) as well as the status of determined pore space ownership in Colorado, Idaho, Montana, Nebraska, South Dakota, and Utah. Additionally, the paper acknowledges challenges posed by federally owned lands in Wyoming.
“There are major inconsistencies when it comes to states’ efforts to create a framework for the deployment of CCS technologies as well as with our federal agencies,” says Lewis. “While some neighboring states have identified who owns the pore space – or the void in which CO2 would be injected – no other surrounding state has applied for Class VI primacy leaving Wyoming in a difficult position should injected CO2 migrate outside the boundaries of the state or onto federal lands. This paper is intended to highlight some of these challenges and hopefully motivate some regional action.”
“This paper demonstrates the national leadership role Wyoming is playing in carbon management and highlights necessary steps our neighboring states and federal partners need to take in order for large scale carbon dioxide storage projects to be successful,” adds CERPA Director, Kara Fornstrom. “As Wyoming prepares to issue its first Class VI well permits allowing these projects to move forward, we remain committed to assisting others in establishing the legal and regulatory framework essential to achieving our goals related to permanent storage.”
The paper concludes with recommendations to reduce policy gaps on a regional scale through coordinated action that extends to federal land agencies, tribal governments, and policymakers of neighboring states.
To download the paper as well as other resources released by CERPA, visit the website www.uwyo.edu/ser.
