S. Rept. 115-328 - UTILIZING SIGNIFICANT EMISSIONS WITH INNOVATIVE TECHNOLOGIES ACT, OR USE IT ACT115th Congress (2017-2018)
Committee Report
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| Accompanies: | S.2602 |
| Committees: | Senate Environment and Public Works Committee |
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Calendar No. 435
115th Congress } { Report
SENATE
2d Session } { 115-328
======================================================================
UTILIZING SIGNIFICANT EMISSIONS WITH INNOVATIVE TECHNOLOGIES ACT, OR
USE IT ACT
_______
September 4, 2018.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Environment and Public
Works, submitted the following
R E P O R T
[To accompany S. 2602]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 2602) to support carbon dioxide
utilization and direct air capture research, to facilitate the
permitting and development of carbon capture, utilization, and
sequestration projects and carbon dioxide pipelines, and for
other purposes, having considered the same, reports favorably
thereon with an amendment in the nature of a substitute and
recommends that the bill, as amended, do pass.
General Statement and Background
Carbon capture, utilization and sequestration (CCUS) is a
process that involves capturing manmade carbon dioxide
(CO2) and reusing or storing the carbon dioxide to
keep it from entering into or persisting in the atmosphere. The
beginnings of CCUS can be traced to the early 1970s, when
captured carbon dioxide was first injected into oil fields to
improve oil recovery.\1\ Since then, the process of capturing
and storing carbon dioxide has become a proven type of
technology used around the world. Seventeen large-scale CCUS
projects are in operation globally, nine of which are located
in the United States.\2\ While carbon dioxide has been used
commercially for decades in enhanced oil recovery operations,
other existing and potential commercial uses and markets
continue to develop for the carbon dioxide captured by CCUS
projects.\3\ The number of commercial products that can utilize
captured carbon dioxide continues to grow with ongoing research
and investments in new processes and technologies.\4\ In short,
CCUS can and does work in a variety of applications, which are
increasing every day.
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\1\IEA Greenhouse GHG R&D Programme, ``A Brief History of CCS and
Current Status,'' http://ieaghg.org/docs/General_Docs/Publications/
Information_Sheets_for_CCS_2.pdf.
\2\Global CCS Institute, ``Large Scale CCS facilities,'' http://
www.globalccsinstitute.com/projects/large-scale-ccs-projects.
\3\Mead Gruver, ``10 Teams Advance in International Carbon Dioxide
Competition'' (Apr. 9, 2018), https://apnews.com/
587d7a3ca086441aaaf3b7ad649e0e73.
\4\Statement of Dr. Feng Jiao, Associate Professor of Chemical &
Biomolecular Engineering and Associate Director for the Center for
Catalytic Science & Technology, University of Delaware, Hearing Before
the U.S. Senate Committee on Environment and Public Works entitled
``Utilizing Significant Emissions with Innovative Technologies Act''
(Apr. 11, 2018), https://www.epw.senate.gov/public/_cache/files/8/3/
83715232-4c6a-41af-b7bd-96bb6a94612c/
2CE181D89487605F0E3BE6A80B201DAB.04.11.2018-jiao-testimony.pdf.
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The USE IT Act supports continued research into the
capture, use, and storage of carbon dioxide. Specifically, the
USE IT Act directs EPA, in consultation with the Department of
Energy, to support CCUS research and technologies under
existing authority in Clean Air Act Section 103(g). Under this
authority, the USE IT Act focuses on three key areas. The first
is to support research that reduces carbon dioxide in the air
through direct air capture, a promising and quickly developing
suite of technologies.\5\ The second is to support projects
that utilize carbon dioxide generated at an industrial source,
including research into existing and emerging commercial uses
of captured carbon dioxide.\6\ Finally, the bill directs EPA to
evaluate potential benefits and risks associated with the
increased, long-term storage of captured carbon dioxide in deep
saline formations.\7\
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\5\Statement of Noah Deich, Executive Director, Center for Carbon
Removal, Hearing Before the U.S. Senate Committee on Environment and
Public Works entitled ``Utilizing Significant Emissions with Innovative
Technologies Act'' (Apr. 11, 2018), https://www.epw.senate.gov/public/
index.cfm/hearings?Id=55DD866C-BEE0-49C7-8491-
E042F051C947&Statement_id=AC1A42A9-4E30-417E-AA72-29F7C5E52F6C.
\6\Statement of Dr. Mark A. Northam, Executive Director, School of
Energy Resources, University of Wyoming, Hearing Before the U.S. Senate
Committee on Environment and Public Works entitled ``Utilizing
Significant Emissions with Innovative Technologies Act'' (Apr. 11,
2018), https://www.epw.senate.gov/public/_cache/files/5/3/536c8171-
f4fd-4bbe-87de-b128ad309d40/
B233F594209CC006B1950528AA5CD8A8.04.11.2018-northam-testimony.pdf.
\7\See Dr. Julio S. Friedmann, CEO, Carbon Wrangler, LLC, Responses
to Questions for the Record, Hearing Before the U.S. Senate Committee
on Environment and Public Works entitled ``Utilizing Significant
Emissions with Innovative Technologies Act'' (Apr. 11, 2018).
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Beyond federal research support, adequate infrastructure is
critical to accelerate the development of CCUS projects. If
more carbon dioxide is to be captured and utilized or stored, a
more robust carbon dioxide pipeline network is needed.
Permitting of carbon dioxide pipelines can require state and
federal involvement, and the types of permits required can vary
based on where a pipeline is located. Clarification of the
appropriate roles of the federal government versus states, as
well as better state and federal coordination, would facilitate
the permitting process. In 2015, the Department of Energy
concluded the federal government could improve the federal
permitting process for carbon dioxide pipelines by taking ``a
convening role to promote communication, coordination, and
sharing of lessons learned and best practices among states that
are already involved in siting and regulating CO2
pipelines or that may have CO2 pipeline projects
proposed within their borders in the future.''\8\
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\8\U.S. Department of Energy, Quadrennial Energy Review, Vol. 1 at
7-26 (2015), https://www.energy.gov/sites/prod/files/2015/08/f25/
QER%20Chapter%20VII%20Environment%20April%202015.pdf.
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The USE IT Act recognizes the need for greater
clarification and coordination regarding CCUS projects and
carbon dioxide pipelines. The bill addresses this issue by
clarifying current law, making the statutory language explicit
that CCUS projects and carbon dioxide pipelines can be
considered ``covered projects'' under Title XLI of the FAST Act
(FAST 41). In that title, Congress authorized the Federal
Permitting Improvement Steering Council to improve the
efficiency and timeliness of the federal permitting process for
large infrastructure projects that are ``covered projects.''
``Covered projects'' are currently defined in the statute to
include ``construction of infrastructure for renewable or
conventional energy production, electricity transmission,
surface transportation, aviation, ports and waterways, water
resource projects, broadband, pipelines, manufacturing, or any
other sector as determined by a majority vote of the Council''
that meet other eligibility criteria in the statute. 42 U.S.C.
4370m(6). Under this language, a Wyoming carbon dioxide
pipeline, the Riley Ridge to Natrona Project, has already been
designated as a ``covered project.''\9\ While the existing
definition of ``covered project'' is broad enough to include
carbon dioxide pipelines and CCUS projects, the amendment would
make it clearer by explicitly stating that carbon dioxide
pipelines and CCUS projects are eligible.
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\9\Federal Permitting Improvement Steering Council, ``Denbury Riley
Ridge to Natrona Project CO2,'' https://
www.permits.performance.gov/projects/denbury-riley-ridge-natrona-
project-co2.
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The USE IT Act also tasks the Council on Environmental
Quality (CEQ) with leading the development of a federal report
focused on CCUS projects and carbon dioxide pipelines. The
report would compile federal permitting and review information,
commercial uses for captured carbon dioxide, gaps in the
current federal regulatory framework, federal financing
mechanisms, and lifecycle analysis developed under section
45Q(f)(5)(B) of the Internal Revenue Code. After the report is
finalized and submitted to Congress, the USE IT Act requires
CEQ to develop permitting guidance for CCUS projects and carbon
dioxide pipelines. The guidance must facilitate reviews
associated with the deployment of CCUS projects and carbon
dioxide pipelines and support the ``efficient, orderly, and
responsible'' development of such projects. That phrase means
that development is completed in an expeditious manner while
maintaining environmental, health, and safety protections.
Before CEQ finalizes the guidance, the Council must notify the
public and solicit comment. To improve coordination and ensure
that states' and other interested parties' input informs the
guidance, the USE IT Act establishes regional task forces to
review the federal and state regulatory frameworks for CCUS and
related issues. The task forces are to report best practices
and other data valuable for CCUS permitting processes and
provide feedback to the federal government to ensure the
permitting process is completed in an expeditious manner while
maintaining environmental, health, and safety protections.
Objectives of the Legislation
The objectives of the USE IT Act are to support the
accelerated development and deployment of CCUS projects and
carbon dioxide pipelines. The USE IT Act provides federal
research support and directs greater federal interagency and
external stakeholder coordination.
Section-by-Section Analysis
TITLE I--ENCOURAGING PROJECTS TO REDUCE EMISSIONS
Section 101. Research, investigation, training, and other activities
Section 103(g) of the Clean Air Act authorizes EPA to
support research to reduce carbon dioxide from stationary
sources. Section 101 of the bill directs EPA, in consultation
with the Department of Energy, to conduct certain carbon
dioxide research and development activities under this existing
authority.
First, the EPA Administrator is directed to administer a
competitive prize program that awards funds to direct air
capture research projects. The section establishes a Direct Air
Capture Technology Advisory Board of experts to advise the
Administrator. The USE IT Act authorizes up to $25 million in
funding and sunsets the program at the end of 2028.
Second, the Administrator is directed to provide technical
and financial assistance to carbon dioxide utilization
projects. This assistance will support projects to transform
carbon dioxide generated by industrial facilities in the United
States into a commercial product, or as an input to a
commercial product. The USE IT Act authorizes up to $50 million
in funding, available until expended.
Third, the Administrator is directed to prepare a report
that identifies potential risks and benefits to project
developers associated with increased storage of carbon dioxide
captured from stationary sources in deep saline formations. The
Administrator is to evaluate existing research and make
recommendations about how to address any identified potential
risks.
TITLE II--IMPROVEMENT OF PERMITTING PROCESS FOR CARBON DIOXIDE CAPTURE
AND INFRASTRUCTURE PROJECTS
Section 201. Inclusion of carbon capture infrastructure projects
Section 201 amends existing law to clarify that ``covered
projects'' eligible for the environmental permitting process
established by Title XLI of the FAST Act (FAST 41) include
construction of CCUS projects as well as carbon dioxide
pipelines.
Section 202. Development of Carbon Capture, Utilization, and
Sequestration permitting report, guidance, and regional
permitting task force
Section 202 directs the Chair of the CEQ to coordinate
preparation of an interagency report on CCUS facilities and
carbon dioxide pipelines. CEQ will then issue permitting
guidance informed by that report to expedite the CCUS
permitting process while maintaining environmental, health, and
safety protections. On an ongoing basis, at least two regional
task forces that cover different geographical areas and are
comprised of diverse stakeholders are to provide feedback to
the Chair on the guidance and related issues.
Legislative History
On March 22, 2018, Senator Barrasso introduced S. 2602, the
Utilizing Significant Emissions with Innovative Technologies
Act, or USE IT Act, with Senators Whitehouse, Capito, and
Heitkamp. The bill was referred to the Senate Committee on
Environment and Public Works.
Hearings
A committee hearing was held on S. 2602 on April 11, 2018.
Rollcall Votes
On May 22, 2018, the Committee on Environment and Public
Works met to consider S. 2602. A substitute amendment offered
by Senator Barrasso and cosponsored by Senators Carper, Capito,
Whitehouse, Duckworth, and Heitkamp was ordered favorably
reported by voice vote. No roll call votes were taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee finds that S. 2602
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee notes that the Congressional
Budget Office found, ``S. 2602 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act (UMRA).''
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 13, 2018.
Hon. John Barrasso,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2602, the USE IT
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Keith Hall,
Director.
Enclosure.
S. 2602--USE IT Act
Summary: S. 2602 would authorize appropriations for the
Environmental Protection Agency (EPA) to support the research
and development of advanced technologies to capture carbon
dioxide (CO2) from the atmosphere so that it may be
permanently stored or used within commercial products or
processes. Under the bill, infrastructure projects that capture
CO2 would qualify for certain expedited review and
permitting procedures. Finally, the bill would require the
Council on Environmental Quality (CEQ) to facilitate the
expansion of CO2 storage projects and
infrastructure.
Using information from EPA and CEQ, CBO estimates that
implementing S. 2602 would cost $73 million over the next five
years, assuming appropriation of the authorized and necessary
amounts.
Enacting S. 2602 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 2602 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 2602 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 2602 is shown in the following table.
The costs of the legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------
2018 2019 2020 2021 2022 2023 2019-2023
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
CO2 Direct Air Capture Program and Advisory Board:
Authorization Level.................................... 0 25 0 0 0 0 25
Estimated Outlays...................................... 0 1 1 6 7 7 22
CO2 Utilization Research Program:
Authorization Level.................................... 0 50 0 0 0 0 50
Estimated Outlays...................................... 0 * 1 6 16 21 44
Other Costs:
Estimated Authorization Level.......................... 0 2 1 1 1 2 7
Estimated Outlays...................................... 0 2 1 1 1 2 7
Total Costs:...........................................
Estimated Authorization Level...................... 0 77 1 1 1 2 82
Estimated Outlays.................................. 0 3 3 13 24 30 73
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* = between zero and $500,000; CO2 = carbon dioxide.
Basis of estimate: For this estimate, CBO assumes that S.
2602 will be enacted near the end of 2018 and that the
authorized and necessary amounts will be appropriated for each
fiscal year beginning in 2019. CBO estimates that implementing
S. 2602 would cost $73 million over the 2019-2023 period.
S. 2602 would authorize appropriations for EPA to carry out
two programs to support the research and development of
advanced technologies to capture CO2 from the
atmosphere.
CO2 Direct Air Capture Program and Advisory Board
The bill would authorize the appropriation of $25 million
for EPA to provide competitive financial awards to creators of
technologies capable of economically capturing large amounts of
CO2 directly from the air--known as direct air
capture. The bill would establish a technology board,
comprising nine members, to advise EPA on the terms of
financial awards, program requirements, and the agency's
procedures for monitoring and verifying the activities of
entities that have received awards.
Using information from EPA, CBO estimates that implementing
the direct air capture program would cost about $21 million
over the 2019-2023 period. Of that amount, CBO estimates that
$4 million would be required to cover the costs of the board
and program staff and that $17 million would be awarded to
projects that capture CO2. CBO expects that the
first awards would be made in 2021 and would range in size from
$1 million to $2 million.
CO2 Utilization Research Program
The bill also would authorize the appropriation of $50
million for EPA to provide grants and technical assistance to
support the research and development of technologies that can
use captured CO2 for commercial products or
purposes. Using information from EPA, CBO estimates that
implementing that CO2 research program would cost
about $45 million over the 2019-2023 period. Of that amount,
CBO estimates that about $5 million would be required to cover
the costs of program staff providing technical assistance and
that $40 million would be provided as grants to CO2
utilization projects. CBO expects that the first grants would
be made in 2021.
Other Costs
In addition to the amounts specified above, CBO estimates
that federal agencies would spend an additional $7 million over
the 2019-2023 period to implement other requirements in the
legislation; such spending would be subject to appropriation of
the necessary amounts.
Under S. 2602 infrastructure projects that capture, store,
transport, or use CO2 would qualify for expedited
federal review and permitting procedures. Using information
from EPA, CBO expects that the expedited procedures, combined
with financial assistance for projects authorized by the bill,
would likely increase the number of projects that apply for
permits for the underground storage of CO2. To meet
the increase in demand, CBO estimates that EPA's Office of
Water would need to gradually hire five additional employees
(at a cost of about $150,000 a year for each) to review permits
for underground CO2 injection and to perform other
regulatory duties related to protecting drinking water quality
by 2023 at a cost of $2.5 million over the five year period.
The bill also would require EPA to produce a report every
two years evaluating the CO2 capture technologies
supported by the agency's research programs, and would require
the agency to produce a report on how to reduce the risks of
CO2 storage in deep saline formations. Using
information from the agency, CBO estimates that EPA would spend
$2 million to produce those reports over the next five years.
Finally, the bill would require CEQ to establish two task
forces to facilitate the expansion of CO2 storage
projects and infrastructure by streamlining regulatory
approaches and providing technical assistance to states. Under
the bill, CBO expects that each task force would consist of 10
members, that they would meet several times per year beginning
in 2020, and that they would terminate after 2023. Using
information from CEQ, CBO estimates that the agency would
require three additional employees to provide administrative
support to the task forces and to produce guidance and biennial
reports required by the bill. CBO estimates that those
operating costs would total $2.5 million over the 2019-2023
period.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 2602 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: S. 2602 contains no intergovernmental or private-
sector mandates as defined in UMRA.
Estimate prepared by: Federal costs: Jon Sperl; Mandates:
Jon Sperl.
Estimate reviewed by: Kim Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
CLEAN AIR ACT
* * * * * * *
TITLE I--AIR POLLUTION PREVENTION AND CONTROL
Part A--Air Quality and Emission Limitations
Sec. 103. (a) * * *
* * * * * * *
(c) Air Pollutant Monitoring, Analysis, Modeling, and
Inventory Research.--In carrying out subsection (a), the
Administrator shall conduct a program of research, testing, and
development of methods for sampling, measurement, monitoring,
analysis, and modeling of air pollutants. Such program shall
include the following elements:
(1) * * *
* * * * * * *
(3) Development of improved methods and technologies
for sampling, measurement, monitoring, analysis, and
modeling to increase understanding of the sources of
ozone [percursors] precursors, ozone formation, ozone
transport, regional influences on urban ozone, regional
ozone trends, and interactions of ozone with other
pollutants. Emphasis shall be placed on those
techniques which--
* * * * * * *
(g) Pollution Prevention and Emissions Control.--
[In carrying out]
(1) In general.--In carrying out subsection (a), the
Administrator shall conduct a basic engineering
research and technology program to develop, evaluate,
and demonstrate nonregulatory strategies and
technologies for air pollution prevention. [Such
strategies and technologies shall be developed]
(2) Participation requirement.--Such strategies and
technologies described in paragraph (1) shall be
developed with priority on those pollutants which pose
a significant risk to human health and the environment,
and with opportunities for participation by industry,
public interest groups, scientists, States,
institutions of higher education, and other interested
persons in the development of such strategies, and
technologies. [Such program]
(3) Program inclusions.--The program under this
subsection shall include the following elements:
[(1)]
(A) Improvements in nonregulatory strategies
and technologies for preventing or reducing
multiple air pollutants, including sulfur
oxides, nitrogen oxides, heavy metals, PM-10
(particulate matter), carbon monoxide, and
carbon dioxide, from stationary sources,
including fossil fuel power plants. Such
strategies and technologies shall include
improvements in the relative cost effectiveness
and long-range implications of various air
pollutant reduction and nonregulatory control
strategies such as energy conservation,
including end-use efficiency, and fuel-
switching to cleaner fuels. Such strategies and
technologies shall be considered for existing
and new facilities.
[(2)]
(B) Improvements in nonregulatory strategies
and technologies for reducing air emissions
from area sources.
[(3)]
(C) Improvements in nonregulatory strategies
and technologies for preventing, detecting, and
correcting accidental releases of hazardous air
pollutants.
[(4)]
(D) Improvements in nonregulatory strategies
and technologies that dispose of tires in ways
that avoid adverse air quality impacts.
[Nothing]
(4) Effect of subsection.--Nothing in this subsection
shall be construed to authorize the imposition on any
person of air pollution control requirements. [The
Administrator]
(5) Coordination and avoidance of duplication.--The
Administrator shall consult with other appropriate
Federal agencies to ensure coordination and to avoid
duplication of activities authorized under this
subsection.
(6) Certain carbon dioxide activities.--
(A) In general.--In carrying out paragraph
(3)(A) with respect to carbon dioxide, the
Administrator shall carry out the activities
described in each of subparagraphs (B), (C),
(D), and (E).
(B) Direct air capture research.--
(i) Definitions.--In this
subparagraph:
(I) Board.--The term `Board'
means the Direct Air Capture
Technology Advisory Board
established by clause (iii)(I).
(II) Dilute.--The term
`dilute' means a concentration
of less than 1 percent by
volume.
``(III) Direct air capture.--
(aa) In general.--The
term `direct air
capture', with respect
to a facility,
technology, or system,
means that the
facility, technology,
or system uses carbon
capture equipment to
capture carbon dioxide
directly from the air.
(bb) Exclusion.--The
term `direct air
capture' does not
include any facility,
technology, or system
that captures carbon
dioxide--
(AA) that is
deliberately
released from a
naturally
occurring
subsurface
spring; or
(BB) using
natural
photosynthesis.
(IV) Intellectual property.--
The term `intellectual
property' means--
(aa) an invention
that is patentable
under title 35, United
States Code; and
(bb) any patent on an
invention described in
item (aa).
(ii) Technology prizes.--
(I) In general.--Not later
than 1 year after the date of
enactment of the USE IT Act,
the Administrator, in
consultation with the Secretary
of Energy, shall establish a
program to provide, and shall
provide, financial awards on a
competitive basis for direct
air capture from media in which
the concentration of carbon
dioxide is dilute.
(II) Duties.--In carrying out
this clause, the Administrator
shall--
(aa) subject to
subclause (III),
develop specific
requirements for--
(AA) the
competition
process; and
(BB)
monitoring and
verification
procedures for
approved
projects;
(bb) offer financial
awards for a project
designed--
(AA) to
capture more
than 10,000
tons of carbon
dioxide per
year; and
(BB) to be
deployed at a
cost of less
than $200 per
ton of carbon
dioxide
captured; and
(cc) to the maximum
extent practicable,
make financial awards
to geographically
diverse projects,
including at least--
(AA) 1
project in a
coastal State;
and
(BB) 1
project in a
rural State.
(III) Public participation.--
In carrying out subclause
(II)(aa), the Administrator
shall--
(aa) provide notice
of and, for a period of
not less than 60 days,
an opportunity for
public comment on, any
draft or proposed
version of the
requirements described
in subclause (II)(aa);
and
(bb) take into
account public comments
received in developing
the final version of
those requirements.
(IV) Peer review.--No
financial awards may be
provided under this clause
until the proposal for which
the award is sought has been
peer reviewed in accordance
with such standards for peer
review as are established by
the Administrator.
(iii) Direct air capture technology
advisory board.--
(I) Establishment.--There is
established an advisory board
to be known as the `Direct Air
Capture Technology Advisory
Board'.
(II) Composition.--The Board
shall be composed of 9 members
appointed by the Administrator,
who shall provide expertise
in--
(aa) climate science;
(bb) physics;
(cc) chemistry;
(dd) biology;
(ee) engineering;
(ff) economics;
(gg) business
management; and
(hh) such other
disciplines as the
Administrator
determines to be
necessary to achieve
the purposes of this
subparagraph.
(III) Term; vacancies.--
(aa) Term.--A member
of the Board shall
serve for a term of 6
years.
(bb) Vacancies.--A
vacancy on the Board--
(AA) shall
not affect the
powers of the
Board; and
(BB) shall be
filled in the
same manner as
the original
appointment was
made.
(IV) Initial meeting.--Not
later than 30 days after the
date on which all members of
the Board have been appointed,
the Board shall hold the
initial meeting of the Board.
(V) Meetings.--The Board
shall meet at the call of the
Chairperson.
(VI) Quorum.--A majority of
the members of the Board shall
constitute a quorum, but a
lesser number of members may
hold hearings.
(VII) Chairperson and vice
chairperson.--The Board shall
select a Chairperson and Vice
Chairperson from among the
members of the Board.
(VIII) Compensation.--Each
member of the Board may be
compensated at not to exceed
the daily equivalent of the
annual rate of basic pay in
effect for a position at level
V of the Executive Schedule
under section 5316 of title 5,
United States Code, for each
day during which the member is
engaged in the actual
performance of the duties of
the Board.
(IX) Duties.--The Board shall
advise the Administrator on
carrying out the duties of the
Administrator under this
subparagraph.
(X) FACA.--The Federal
Advisory Committee Act (5
U.S.C. App.) shall apply to the
Board.
(iv) Intellectual property.--
(I) In general.--As a
condition of receiving a
financial award under this
subparagraph, an applicant
shall agree to vest the
intellectual property of the
applicant derived from the
technology in 1 or more
entities that are incorporated
in the United States.
(II) Reservation of
license.--The United States--
(aa) may reserve a
nonexclusive,
nontransferable,
irrevocable, paid-up
license, to have
practiced for or on
behalf of the United
States, in connection
with any intellectual
property described in
subclause (I); but
(bb) shall not, in
the exercise of a
license reserved under
item (aa), publicly
disclose proprietary
information relating to
the license.
(III) Transfer of title.--
Title to any intellectual
property described in subclause
(I) shall not be transferred or
passed, except to an entity
that is incorporated in the
United States, until the
expiration of the first patent
obtained in connection with the
intellectual property.
(v) Authorization of
appropriations.--There is authorized to
be appropriated to carry out this
subparagraph $25,000,000, to remain
available until expended.
(vi) Termination of authority.--The
Board and all authority provided under
this subparagraph shall terminate on
December 31, 2028.
(C) Carbon dioxide utilization research.--
(i) Definition of carbon dioxide
utilization.--In this subparagraph, the
term `carbon dioxide utilization'
refers to technologies or approaches
that lead to the use of carbon
dioxide--
(I) through the fixation of
carbon dioxide through
photosynthesis or
chemosynthesis, such as through
the growing of algae or
bacteria;
(II) through the chemical
conversion of carbon dioxide to
a material or chemical compound
in which the carbon dioxide is
securely stored; or
(III) through the use of
carbon dioxide for any other
purpose for which a commercial
market exists, as determined by
the Administrator.
(ii) Program.--The Administrator, in
consultation with the Secretary of
Energy, shall carry out a research and
development program for carbon dioxide
utilization to promote existing and new
technologies that transform carbon
dioxide generated by industrial
processes into a product of commercial
value, or as an input to products of
commercial value.
(iii) Technical and financial
assistance.--Not later than 2 years
after the date of enactment of the USE
IT Act, in carrying out this
subsection, the Administrator, in
consultation with the Secretary of
Energy, shall support research and
infrastructure activities relating to
carbon dioxide utilization by providing
technical assistance and financial
assistance in accordance with clause
(iv).
(iv) Eligibility.--To be eligible to
receive technical assistance and
financial assistance under clause
(iii), a carbon dioxide utilization
project shall--
(I) have access to an
emissions stream generated by a
stationary source within the
United States that is capable
of supplying not less than 250
metric tons per day of carbon
dioxide for research;
(II) have access to adequate
space for a laboratory and
equipment for testing small-
scale carbon dioxide
utilization technologies, with
onsite access to larger test
bays for scale-up; and
(III) have existing
partnerships with institutions
of higher education, private
companies, States, or other
government entities.
(v) Coordination.--In supporting
carbon dioxide utilization projects
under this paragraph, the Administrator
shall consult with the Secretary of
Energy, and, as appropriate, with the
head of any other relevant Federal
agency, States, the private sector, and
institutions of higher education to
develop methods and technologies to
account for the carbon dioxide
emissions avoided by the carbon dioxide
utilization projects, including the
consideration of lifecycle analysis
developed pursuant to section
45Q(f)(5)(B) of the Internal Revenue
Code of 1986.
(vi) Authorization of
appropriations.--There is authorized to
be appropriated to carry out this
subparagraph $50,000,000, to remain
available until expended.
(D) Deep saline formation report.--
(i) Definition of deep saline
formation.--
(I) In general.--In this
subparagraph, the term `deep
saline formation' means a
formation of subsurface
geographically extensive
sedimentary rock layers
saturated with waters or brines
that have a high total
dissolved solids content and
that are below the depth where
carbon dioxide can exist in the
formation as a supercritical
fluid.
(II) Clarification.--In this
subparagraph, the term `deep
saline formation' does not
include oil and gas reservoirs.
(ii) Report.--In consultation with
the Secretary of Energy, and, as
appropriate, with the head of any other
relevant Federal agency and relevant
stakeholders, not later than 1 year
after the date of enactment of the USE
IT Act, the Administrator shall
prepare, submit to Congress, and make
publicly available a report that
includes--
(I) a comprehensive
identification of potential
risks and benefits to project
developers associated with
increased storage of carbon
dioxide captured from
stationary sources in deep
saline formations, using
existing research;
(II) recommendations for
managing the potential risks
identified under subclause (I),
including potential risks
unique to public land; and
(III) recommendations for
Federal legislation or other
policy changes to mitigate any
potential risks identified
under subclause (I).
(E) Report on carbon dioxide nonregulatory
strategies and technologies.--
(i) In general.--Not less frequently
than once every 2 years, the
Administrator shall submit to the
Committee on Environment and Public
Works of the Senate and the Committee
on Energy and Commerce of the House of
Representatives a report that
describes--
(I) the recipients of
assistance under subparagraphs
(B) and (C); and
(II) a plan for supporting
additional nonregulatory
strategies and technologies
that could significantly
prevent carbon dioxide
emissions or reduce carbon
dioxide levels in the air, in
conjunction with other Federal
agencies.
(ii) Inclusions.--The plan submitted
under clause (i) shall include--
(I) a methodology for
evaluating and ranking
technologies based on the
ability of the technologies to
cost effectively reduce carbon
dioxide emissions or carbon
dioxide levels in the air; and
(II) a description of any
nonair-related environmental or
energy considerations regarding
the technologies.
* * * * * * *
FIXING AMERICA'S SURFACE TRANSPORTATION ACT
* * * * * * *
DIVISION D--MISCELLANEOUS
TITLE XLI--FEDERAL PERMITTING IMPROVEMENT
SEC. 1001. [23 U.S.C. 101 NOTE] DEFINITIONS.
In this division, the following definitions apply:
(1) Department.-- * * *
* * * * * * *
SEC. 41001. [42 U.S.C. 4370M NOTE] DEFINITIONS.
In this title:
(1) Agency.-- * * *
* * * * * * *
(6) Covered project.--
(A) In general.--The term ``covered project''
means any activity in the United States that
requires authorization or environmental review
by a Federal agency involving construction of
infrastructure for carbon capture, renewable or
conventional energy production, electricity
transmission, surface transportation, aviation,
ports and waterways, water resource projects,
broadband, pipelines, manufacturing, or any
other sector as determined by a majority vote
of the Council that--
(i)(I) is subject to NEPA;
(II) is likely to require a total
investment of more than $200,000,000;
and
(III) does not qualify for
abbreviated authorization or
environmental review processes under
any applicable law; [or]
(ii) is covered by a programmatic
plan or environmental review developed
for the primary purpose of facilitating
development of carbon dioxide
pipelines; or
[(ii)] (iii) is subject to NEPA and
the size and complexity of which, in
the opinion of the Council, make the
project likely to benefit from enhanced
oversight and coordination, including a
project likely to require--
* * * * * * *
(B) Exclusion.-- * * *
* * * * * * *
(C) Associated definition.--For purposes of
subparagraph (A), the term `construction of
infrastructure for carbon capture' includes
construction of any facility, technology, or
system that captures, utilizes, or sequesters
carbon dioxide emissions and carbon dioxide
pipelines.
* * * * * * *
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