The Infrastructure Investment and Jobs Act was signed into law (P.L. 117-58) on November 15, 2021. Section 340307 amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to grant a lease, easement, or right-of-way on the Outer Continental Shelf for activities that “provide for, support, or are directly related to the injection of a carbon dioxide stream into sub-seabed geologic formations for the purpose of long-term carbon sequestration.” The Act requires the Bureau of Safety and Environmental Enforcement jointly with the Bureau of Ocean Energy Management to promulgate regulations within one year of the law’s enactment.
As part of our rule making process, we will meet with stakeholders who have expertise in offshore geologic carbon sequestration and use these to acquire information that the bureaus may consider as we draft the proposed rule. BOEM and BSEE are interested in hearing from each-and-every one stakeholder and getting individual opinions and views/ benefiting from individual experience and expertise, particularly as it pertains to safe and environmentally responsible offshore carbon sequestration operations that would ensure long-term containment of CO2 on the OCS. We are, however, not seeking any sort of group or consensus advice at this time. BOEM and BSEE do not want to potentially implicate the Federal Advisory Committee Act. Furthermore, BOEM and BSEE may not discuss any specifics about the content of rulemaking as we have not yet issued a proposed rule. BOEM and BSEE will evaluate and utilize all appropriate information collected from all sources to develop the proposed rule.