Notice2023-17218
Notice of Intent and Request for Information Regarding Launching a Responsible Carbon Management Initiative
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 11, 2023
Issuing agencies
Energy Department
Abstract
The Department of Energy (DOE), Office of Fossil Energy and Carbon Management (FECM) is issuing this NOI to notify interested parties of its intent to launch a "Responsible Carbon Management Initiative" to recognize and encourage project developers and others in industry to pursue the highest levels of safety, environmental stewardship, accountability, community engagement, and societal benefits in carbon management projects. The Department also seeks input from all stakeholders through this RFI regarding the draft Principles for Responsible Carbon Management Projects and the Initiative.
Full Text
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<title>Federal Register, Volume 88 Issue 154 (Friday, August 11, 2023)</title>
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[Federal Register Volume 88, Number 154 (Friday, August 11, 2023)]
[Notices]
[Pages 54608-54610]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17218]
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DEPARTMENT OF ENERGY
Notice of Intent and Request for Information Regarding Launching
a Responsible Carbon Management Initiative
AGENCY: Office of Fossil Energy and Carbon Management, Department of
Energy.
ACTION: Notice of intent (NOI); request for information (RFI).
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SUMMARY: The Department of Energy (DOE), Office of Fossil Energy and
Carbon Management (FECM) is issuing this NOI to notify interested
parties of its intent to launch a ``Responsible Carbon Management
Initiative'' to recognize and encourage project developers and others
in industry to pursue the highest levels of safety, environmental
stewardship, accountability, community engagement, and societal
benefits in carbon management projects. The Department also seeks input
from all stakeholders through this RFI regarding the draft Principles
for Responsible Carbon Management Projects and the Initiative.
DATES: Written comments and information are requested by September 11,
2023.
ADDRESSES: Interested parties may submit comments electronically to
<a href="/cdn-cgi/l/email-protection#07756274776869746e656b626466756568696a66696660626a6269736e696e736e66736e7162476f762963686229606871"><span class="__cf_email__" data-cfemail="23514650534c4d504a414f46404251414c4d4e424d4244464e464d574a4d4a574a42574a5546634b520d474c460d444c55">[email protected]</span></a> and include
``Responsible Carbon Management Initiative'' in the subject line of the
email. Responses must be provided as attachments to an email. Only
electronic responses will be accepted.
FOR FURTHER INFORMATION CONTACT: Questions may be addressed to
Stephanie Hutson, <a href="/cdn-cgi/l/email-protection#77051204071819041e151b121416051518191a16191610121a1219031e191e031e16031e0112371f065913181259101801"><span class="__cf_email__" data-cfemail="ed9f889e9d82839e848f81888e8c9f8f8283808c838c8a888088839984838499848c99849b88ad859cc3898288c38a829b">[email protected]</span></a> or
202-287-6832.
SUPPLEMENTARY INFORMATION:
I. Background
In November 2021, Congress passed and President Joseph R. Biden,
Jr. signed the Infrastructure Investment and Jobs Act (IIJA, Pub. L.
117-58), also known as the Bipartisan Infrastructure Law (BIL).\1\ The
BIL provides historic levels of funding to modernize and upgrade
American infrastructure to enhance U.S. competitiveness, drive the
creation of good-paying jobs, tackle the impacts of climate change, and
ensure strong access to economic, environmental, and other benefits for
disadvantaged communities.\2\ The BIL appropriates more than $62
billion to the U.S. Department of Energy (DOE) \3\ to invest in
American manufacturing and workers; expand access to energy efficiency
and clean energy; deliver reliable, clean, and affordable power to more
Americans; and demonstrate and deploy clean energy technologies.
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\1\ Infrastructure Investment and Jobs Act, Public Law 117-58
(November 15, 2021). <a href="https://www.congress.gov/bill/117th-congress/house-bill/3684">https://www.congress.gov/bill/117th-congress/house-bill/3684</a>. This FOA uses the more common name Bipartisan
Infrastructure Law.
\2\ Pursuant to E.O. 14008, ``Tackling the Climate Crisis at
Home and Abroad,'' January 27, 2021, and the Office of Management
and Budget's Interim Justice40 Implementation Guidance M-21-28 and
M-23-09, DOE recognizes disadvantaged communities as defined and
identified by the White House Council on Environmental Quality's
Climate and Economic Justice Screening Tool (CEJST), located at
<a href="https://screeningtool.geoplatform.gov/">https://screeningtool.geoplatform.gov/</a>. DOE's Justice40
Implementation Guidance is located at <a href="http://energy.gov/sites/default/files/2022-07/FinalDOEJustice40GeneralGuidance072522.pdf">energy.gov/sites/default/files/2022-07/FinalDOEJustice40GeneralGuidance072522.pdf</a>.
\3\ U.S. Department of Energy. November 2021. ``DOE Fact Sheet:
The Bipartisan Infrastructure Deal Will Deliver for American
Workers, Families and Usher in the Clean Energy Future.'' DOE Fact
Sheet: The Bipartisan Infrastructure Deal Will Deliver For American
Workers, Families and Usher in the Clean Energy Future, Department
of Energy.
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To support the goal of building a clean and equitable energy
economy, the BIL-funded projects are required to (1) support meaningful
community and labor engagement; (2) invest in America's workforce; (3)
advance diversity, equity, inclusion, and accessibility; and (4)
contribute to the President's goal that 40% of the overall benefits
flow to disadvantaged communities.
Carbon management approaches such as carbon capture, transport, and
storage and carbon dioxide removal are essential climate tools for
meeting 1.5 [deg]C targets. When deployed responsibly, these approaches
are complementary, and not a replacement for, parallel efforts to
reduce emissions through the deployment of energy efficiency,
renewables, nuclear power, clean hydrogen, etc.
As part of the BIL, DOE will deploy approximately $12 billion in
new carbon management funding over five years, largely for direct air
capture and carbon capture, transport, use, and storage. And the 2022
Inflation Reduction Act (IRA, Pub. L. 117-169), which features a
comprehensive package of clean energy and industrial tax credits,
includes the most ambitious incentives in the world to date for the
deployment of carbon management technologies.\4\ Taken together, BIL
and IRA have the potential to incentivize large scale commercial
deployment of carbon management projects.
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\4\ Inflation Reduction Act, Public Law 117-169 (August 16,
2022). <a href="https://www.congress.gov/117/plaws/publ169/PLAW-117publ169.pdf">https://www.congress.gov/117/plaws/publ169/PLAW-117publ169.pdf</a>.
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II. Responsible Carbon Management Initiative
DOE FECM intends to launch a ``Responsible Carbon Management
Initiative'' (Initiative) to recognize and encourage project developers
and others in industry to pursue the highest levels of safety,
environmental stewardship, accountability, community engagement, and
societal benefits in carbon management projects. The Initiative will
also aim to encourage transparency and learning through greater data
and information sharing among industry, governments, communities, and
other stakeholders.
This Initiative will be sequenced in two phases. In Phase 1, FECM
intends to publish Principles for Responsible
[[Page 54609]]
Carbon Management Projects (Principles). Companies can pledge to abide
by the Principles, which include the following categories: Community
Engagement, Workforce Development and Quality Jobs, Tribal
Consultation, Environmental Justice, Environmental Responsibility, Air
and Water Quality, Regulatory Requirements, Health and Safety,
Emergency Response, Transparency, and Long-Term Stewardship. The
Principles apply to the full range of carbon management technologies--
including carbon capture, transport, use, and storage, as well as
carbon dioxide removal technologies. A draft of the Principles can be
found in Section III. FECM's goal for this initial phase of the
Initiative is to facilitate industry intention and transparency
regarding responsible carbon management deployment.
Project developers interested in demonstrating their commitment to
responsible carbon management projects will complete an intake form,
which may require describing how they plan to meet the Principles. FECM
plans to publish the information from the completed intake forms on
DOE's website. In addition, FECM will encourage project developers to
publish information on how they are implementing the Principles on
their own websites.
FECM will also encourage nongovernmental organizations, labor,
State and local officials, and Tribal leaders (non-industry
stakeholders) to consider formally endorsing the Principles. By
endorsing, these stakeholders will affirm the important role that
carbon management plays in meeting climate goals but also the
importance of delivering societal and environmental co-benefits to
communities hosting carbon management projects. FECM intends to publish
non-industry stakeholder endorsements on DOE's website.
Interested industry and non-industry stakeholders can indicate
their early support of the Principles and the Initiative by contacting
<a href="/cdn-cgi/l/email-protection#0c7e697f7c63627f656e60696f6d7e6e6362616d626d6b696169627865626578656d78657a694c647d22686369226b637a"><span class="__cf_email__" data-cfemail="62100711120d0c110b000e07010310000d0c0f030c0305070f070c160b0c0b160b03160b1407220a134c060d074c050d14">[email protected]</span></a>. In Phase 2, FECM
intends to provide technical assistance through a Funding Opportunity
Announcement (FOA). Through this FOA, FECM would provide resources to
support project developers seeking to meet the Principles or other
aspects of this effort (including increasing transparency or third-
party verification). FECM intends Phase 2 to focus on evaluation of
Principle implementation, accountability, and leadership. FECM does not
anticipate requiring participation in Phase 1 as a prerequisite for
participation in Phase 2.
Provided that Phases 1 and 2 are successful, FECM may consider
developing a robust recognition program to increase and maintain
visibility of industry leaders and projects that significantly advance
responsible carbon management. The program would include more detailed
guidance and metrics on what qualifies for recognition and would be
subject to the availability of sufficient resources and funding. There
may be the possibility for a FOA to be issued as part of this
recognition program.
III. DOE Principles for Responsible Carbon Management Projects
Community Engagement--Project developers will be considerate of
parties who are or may reasonably be affected by project deployment and
will share project-related information in a timely and transparent way.
Project developers will include robust two-way community engagement
plans, including training on carbon management technology risks and
benefits, so that communities can understand and weigh the potential
opportunities and risks of hosting a project--including the social,
economic, environmental, and cultural effects. Project developers will
provide clear mechanisms for modifying aspects of their projects in
response to community priorities and concerns raised through engagement
and will provide benefits to communities and workers.
Workforce Development and Quality Jobs--Project developers will
seek to create jobs within host communities and the surrounding region
that provide good pay, benefits, predictable schedules, a safe work
environment, and with assurances that workers will have a free and fair
chance to join or form a union. Project developers will foster broad
access to these jobs by making investments in training and career
awareness through partnerships that serve workers (e.g., apprenticeship
programs, schools, and universities). Project developers will also
prioritize providing long-term employment for workers when possible and
support the mobility of workers to advance in their careers.
Tribal Consultation--Project developers will respect Tribal
sovereignty and self-determination, lands, assets, resources, treaty,
and other federally recognized and reserved rights, considering sacred
tribal lands and other areas and resources of religious or cultural
significance. Project developers will consult Tribes in a manner that
recognizes tribal sovereignty.
Environmental Justice--Through all phases of carbon management
deployment--including siting, design, operation, and decommissioning--
project developers will pursue fair treatment and meaningful
involvement of all people regardless of race, color, national origin,
or income. Project developers will embrace environmental justice
principles and comply with Federal requirements and guidance on these
issues. In particular, project developers will consider the cumulative
impacts on communities hosting carbon management projects.
Environmental Responsibility--Project developers will thoroughly
evaluate and mitigate environmental impacts using best practices with
respect to planning, implementation, monitoring, and closure. Project
developers will publish environmental impact analyses and project
monitoring data in a way that is timely and easy for the public to
access. Environmental analysis will include energy use and life-cycle
environmental impacts, including greenhouse gases (GHGs), to ensure
that projects meet their intended emissions reduction goals.
Air and Water Quality--Project developers will implement
operational practices or equipment to monitor and mitigate potential
non-greenhouse gas air and water emissions. Monitoring and reporting
will be inclusive of N-amines and changes in co-pollutants. Project
developers for carbon dioxide storage projects will thoroughly evaluate
risks and avoid impacts to groundwater and other subsurface resources.
Regulatory Requirements--Project developers will rigorously and
transparently adhere to all applicable regulatory requirements for
protecting human health and the environment, and apply best practices
developed by regulatory authorities or other standard-setting bodies.
This includes timely public reporting of any regulatory violations.
Health and Safety--Project developers will site, design, construct,
and operate their projects in a safe and secure manner that is
protective of human health, including worker and public health and
safety.
Emergency Response--Project developers will develop emergency
response and remediation plans, including timely emergency alert
provisions; make the plans publicly available; and provide training and
resources to local emergency responders.
Transparency--Project developers will implement robust mechanisms
for transparency--before, during, and after the project ceases. In
particular, project
[[Page 54610]]
developers will ensure that the siting process is open to public input
and transparent with respect to how decisions are made. Project
developers will work with communities to identify the types of data
that will be collected and shared with the public, including the level
of detail, frequency of monitoring and reporting, response to findings,
and means of disseminating information.
Long-Term Stewardship--Project developers of carbon dioxide storage
projects will develop closure and post-operational monitoring and
reporting plans and ensure financial responsibility for any future
stewardship.
IV. Questions for Request for Information
FECM is requesting comment on the Principles and the Initiative.
The Principles are intended to provide project developers with a high-
level framework for executing carbon management projects responsibly.
DOE specifically welcomes comment on the following questions:
1. Would the Initiative and the Principles be likely to
meaningfully advance responsible carbon management? If not, what
changes could be made to better advance this goal?
2. At a high level, do the Principles address what is needed for
responsible carbon management? If not, what additional principles may
be needed?
3. In what ways, if any, could the Principles be revised to better
reflect responsible carbon management?
4. Once finalized, would you agree to pledge to abide by or endorse
the Principles? If not, what changes could be made to Phase 1 to
encourage you to pledge to abide by or endorse the Principles?
5. How could Phase 2 and a recognition program be structured and
executed to maximize adoption of the Principles?
6. Would the technical assistance envisioned in Phase 2 be helpful
to advance responsible carbon management projects? Would you take
advantage of this service or encourage others to take advantage? If
not, why not?
V. Response Guidelines
NOI/RFI responses shall include:
1. NOI/RFI title and reference number;
2. Name(s), phone number(s), and email address(es) for the
principal point(s) of contact;
3. Institution or organization affiliation and postal address; and
4. Clear indication of the specific question(s) to which you are
responding.
Responses including confidential business information will be
handled per guidance in Section VI.
VI. Confidential Business Information
Pursuant to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit via email two well-marked copies: One copy of
the document marked ``confidential'' including all the information
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential
deleted. Submit these documents via email. DOE will make its own
determination about the confidential status of the information and
treat it according to its determination.
Signing Authority
This document of the Department of Energy was signed on August 4,
2023, by Brad Crabtree, Assistant Secretary, Office of Fossil Energy
and Carbon Management, pursuant to delegated authority from the
Secretary of Energy. That document with the original signature and date
is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on August 8, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-17218 Filed 8-10-23; 8:45 am]
BILLING CODE 6450-01-P
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