[Federal Register Volume 88, Number 154 (Friday, August 11, 2023)]
[Notices]
[Pages 54608-54610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
[email protected] 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, [email protected] 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). https://www.congress.gov/bill/117th-congress/house-bill/3684. 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 
https://screeningtool.geoplatform.gov/. DOE's Justice40 
Implementation Guidance is located at energy.gov/sites/default/files/2022-07/FinalDOEJustice40GeneralGuidance072522.pdf.
    \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). https://www.congress.gov/117/plaws/publ169/PLAW-117publ169.pdf.
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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 
[email protected]. 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]
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