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Carbon Capture, Sequestration, Utilization, and Storage (CCUS) Projects
and Environmental Law

November 2-3, 2022 | Online

Sponsored by EUCI

Click Here to register $1195.00

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

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, CCS projects still face many obstacles in the US, 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



9:00 a.m. – 5:00 p.m. Central Time

9:00 – 9:45 a.m. :: Introduction & 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. CCUS developers must also navigate the complex patchwork of state and local laws and regulations.

9:45 – 10:45 a.m. :: 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

10:45 – 11:00 a.m. :: Morning break

11:00 a.m. – 12:00 p.m. :: 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

1:00 – 2:00 p.m. :: 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.

2:00 – 3:00 p.m. :: Endangered Species Act (ESA) 

CCUS projects may require certain ESA consultations to review any potential impacts to protected species and their critical habitat. If the project has a federal nexus, the ESA requires the lead federal agency to ensure that its actions are not likely to jeopardize the species or adversely modify its critical habitat. Section 7 of the ESA requires that the agency consult with the US Fish and Wildlife Service or the National Marine Fisheries Service to determine the impacts of the CCUS activity.

3:00 – 3:15 p.m. :: Afternoon Break

3:15 – 4:30 p.m. :: Air Quality

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 US. 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

4:30 – 5:00 p.m. :: Review and Q&A


9:00 a.m. – 12:00 p.m. Central Time


9:00 -10:30 a.m. :: 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

10:30 – 10:45 a.m. :: Morning Break

10:45 – 11:30 a.m. :: Pipeline Safety

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has primary authority to regulate 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

11:30 a.m. – 12:00 p.m. :: Best Practices for Navigating Permitting & Regulation

Permitting and deployment of CCUS will require careful and strategic navigation of the legal framework while it is being tested and is still evolving.

  • Targeted resources for speeding up EPA review
  • Accelerating the primacy approval process
  • Permitting timelines

12:00 p.m. :: Course Adjourns