2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 28 - Restructuring of Electric Utility Industry
2815 - Carbon dioxide sequestration network.

     § 2815.  Carbon dioxide sequestration network.
        (a)  Assessment.--
            (1)  By April 1, 2009, the department shall complete a
        study to identify suitable geological formations, including
        sites within or in proximity to the Medina, Tuscarora or
        Oriskany Sandstone formation for the location of a State
        network.
            (2)  By June 1, 2009, the department, in consultation
        with the commission, shall hire one or more independent
        experts pursuant to 62 Pa.C.S. Pt. I (relating to
        Commonwealth Procurement Code), as necessary, to conduct an
        assessment of the following:
                (i)  Estimates of capital requirements and
            expenditures necessary for the establishment, operation
            and maintenance of a State network.
                (ii)  The collection of data to allow a safety
            assessment.
                (iii)  An assessment of all potential risk to
            individuals, property and the environment associated with
            the geological sequestration of carbon dioxide in a State
            network. The assessment, which shall be completed by
            October 1, 2009, shall include an analysis of the
            following:
                    (A)  Existing Federal and State regulatory
                standards for the storage of carbon dioxide.
                    (B)  Factors contained in the United States
                Environmental Protection Agency's Vulnerability
                Evaluation Framework for Geologic Sequestration of
                Carbon Dioxide (EPA 430-R-08-009, dated July 10,
                2008).
                    (C)  The different types of insurance, bonds,
                other instruments and recommended levels of insurance
                which should be carried by the operator of the State
                network during the construction and operation of the
                State network.
                    (D)  The availability of commercial insurance.
                    (E)  Models for the establishment of a
                Commonwealth fund to provide protection against risk
                to be funded by the operator.
        (b)  Transmission of study and assessment.--
            (1)  The department shall submit the study conducted
        under subsection (a)(1) to the Governor, the chairman and
        minority chairman of the Environmental Resources and Energy
        Committee of the Senate, the chairman and minority chairman
        of the Environmental Resources and Energy Committee of the
        House of Representatives and the department no later than May
        1, 2009.
            (2)  The independent expert shall submit the final
        assessment under subsection (a)(2) to the Governor, the
        chairman and minority chairman of the Environmental Resources
        and Energy Committee of the Senate, the chairman and minority
        chairman of the Environmental Resources and Energy Committee
        of the House of Representatives and the department no later
        than November 1, 2009.
        (c)  Department.--The following shall apply:
            (1)  The department shall review the assessment submitted
        under subsection (a)(2) and all geologic sequestration
        requirements associated with a State network, including
        geological site characterization, modeling and verification
        of fluid movement, corrective action, well construction,
        operation, mechanical integrity testing, monitoring and site
        closure.
            (2)  Following the review under paragraph (1), the
        department may conduct a pilot project to determine the
        viability of establishing a State network in this
        Commonwealth.
        (d)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Carbon dioxide sequestration."  The storage of carbon
     dioxide in a supercritical phase within a geological subsurface
     formation such as a deep saline aquifer with suitable cap rock,
     sealing faults and anticlines that includes compression,
     dehydration and leak detection monitoring equipment and
     pipelines to transport carbon dioxide captured by an advanced
     coal combustion with limited carbon emissions plant to an
     underground storage site. The term shall not include use of the
     carbon dioxide for enhanced oil recovery.
        "Department."  The Department of Conservation and Natural
     Resources of the Commonwealth.
        "State network."  A carbon dioxide sequestration network
     established on lands owned by the Commonwealth, or lands on
     which the Commonwealth has acquired the right to store carbon
     dioxide, that have been designated by the Department of
     Conservation and Natural Resources for the storage of carbon
     dioxide.
     (Oct. 15, 2008, P.L.1592, No.129, eff. 30 days)

        2008 Amendment.  Act 129 added section 2815. See the preamble
     to Act 129 of 2008 in the appendix to this title for special
     provisions relating to legislative findings and declarations.