Montana Lawmakers Seek Comments on Carbon Sequestration Report

Montanans who own surface rights to land may be legally recognized as owning the underground spaces where carbon dioxide could be injected and stored, according to a draft report and legislation proposed by the Energy and Telecommunications Interim Committee (ETIC) of the Montana Legislature.

The draft report on carbon sequestration, as well as two proposed bills on the same topic, is available for public comment through July 10. Comments will be compiled and presented to the ETIC at a July 17 meeting in Helena. The committee will consider a final version of the report in September.

One of the proposed bills would establish the surface landowner as the owner of pore space that could be used to store carbon dioxide or other substances. The bill would protect existing oil and gas statutes and affirm the dominance of mineral ownership. The other proposed bill would call for a more in-depth study of geological carbon sequestration.

The report and proposed bills are available online at http://www.leg.mt.gov/etic. Click on July 17 under "Meeting Schedule." Copies also may be obtained from ETIC staff by calling 406-444-3078.

Comments may be submitted by email to [email protected]. Please include "carbon sequestration study" in the subject line. To submit comments by mail, send to: Sonja Nowakowski, Legislative Environmental Policy Office, P.O. Box 201704, Helena, MT 59620-1704.

Geological carbon sequestration is the process of trapping carbon dioxide created during the production, processing, and burning of coal, gas, and oil at power plants and injecting it into the ground. Carbon also may be sequestered terrestrially, when trees, crops, and other plants absorb it from the atmosphere and store it as biomass.

The ETIC has dedicated a significant amount of time since the 2007 legislative session to considering a potential policy or regulatory framework as it relates to carbon sequestration in Montana. Committee members have examined specific aspects of sequestration to determine whether state law should be modified or new law considered.

The federal Environmental Protection Agency (EPA) in October announced plans to establish rules for geological sequestration. The new regulations will ensure that a permitting system for injecting carbon dioxide into the ground is consistent with the Safe Drinking Water Act, according to the EPA. The rules are expected this summer and should provide the state with additional guidance on the subject of sequestration.

Committee members believe it will be important for Montana lawmakers to closely monitor federal activity and be prepared to address during the 2011 Legislature a complete regulatory framework to guide the injection and storage of carbon dioxide.

For more information, contact Sonja Nowakowski, ETIC staffer, at 406-444-3078.