California Air Resources Board

Senate Bill 905 (SB 905) (Caballero, Chapter 359, Statutes of 2022), established California's strategy for a statewide carbon capture, removal, utilization, and storage program. Deployment of these technologies will be essential to achieving carbon neutrality, and multiagency collaboration and oversight is crucial for safe, effective, and viable implementation. 

Air Resources Board (CARB)

CCUS Program Regulatory Framework

• CCUS Program Administration: CARB is responsible for establishing and administering the CCUS Program to address gaps in long-term monitoring and leakage liability, financial responsibility, and seismic risk management.
• Air and Community Safety Standards: Building upon existing air quality and safety rules by establishing additional carbon dioxide monitoring and leakage detection requirements.
• Long Term Financial Responsibility: Adopting requirements for at least 100 years of financial responsibility for monitoring, stewardship, and site closure.
• Project Tracking: Maintaining a public system that tracks CCUS projects and key compliance milestones.
• Unified Permitting Application Portal: Developing and hosting a single window, voluntary-use permit application portal to streamline coordination across participating state and local agencies.

Statute Reference

• Health & Saf. Code 39741.1, Health & Saf. Code 39741.3, Health & Saf. Code 39741.4, Health & Saf. Code 39741.5, Health & Saf. Code 39741.2(a), and Pub. Res. Code 71464

Helpful Links:

Carbon Sequestration: Carbon Capture, Removal, Utilization, and Storage | California Air Resources Board

United States Environmental Protection Agency (EPA), Region 9

Underground Injection Control permitting of Class VI Wells

• Protection of Underground Sources of Drinking Water: EPA's primary goal for this program is to prevent injected CO₂ in storage reservoirs from contaminating underground sources of drinking water.
• Well Characterization, Construction, Operation and Monitoring Standards: EPA has numerous standards and requirements to ensure containment of injected CO₂.
• Financial Responsibility: Financial responsibility for corrective action, post injection monitoring, site closure and emergency response for up to 50 years after the last date of CO₂ injection in storage reservoirs.
• Compliance Monitoring and Enforcement: Ensures operators meet regulatory requirements through inspections, review of monitoring data, and enforcement actions to meet regulatory requirements for safe CO₂ injection.

Helpful Links:

Current Class VI Projects under Review at EPA | US EPA

Class VI (Geologic Sequestration) Permit Application and Permitting Tools | US EPA

40 CFR Part 146

State Water Resources Control Board (SWRCB), and Regional Water Boards

Water Protection

• Underground Water Protection: SWRCB is responsible for implementing the Porter Cologne Act to safeguard surface and groundwater, including protection of underground sources of drinking water that may be affected by CCUS activities.
• Water Discharge Permitting: Issuing wastewater, stormwater, and construction-related discharge permits for facilities involved in carbon capture operations and infrastructure.

Helpful Links:

Industrial Stormwater Program

Construction Stormwater Program

Waste Discharge Program

401 Water Quality Certification

Natural Resources Agency (CNRA)

Pore Space & Land Title Governance

• Pore Space Unitization Framework: CNRA is responsible for providing a framework and recommendations on how to set agreements when two or 2 more pieces of land sit above the same underground reservoir where carbon dioxide could be stored.

Statute Reference

• Pub. Res. Code 71461(a)

Helpful Links:

Draft Framework for Governing Agreements Pertaining to Carbon Sequestration

Office of the State Fire Marshal (OSFM) / CALFIRE

Carbon Dioxide Pipeline Safety

• Intrastate Carbon Dioxide Pipeline Safety Standards: OFSM is responsible for adopting minimum safety standards to regulate carbon dioxide pipelines in the state under SB 614, including requirements for design, construction, operation, testing, and emergency preparedness for carbon dioxide pipelines associated with carbon capture, removal, and sequestration (CCRS) projects.
• Public Safety Oversight: Overseeing emergency response planning and pipeline integrity management to reduce risks from high-pressure carbon dioxide releases.

Statute Reference

• Pub. Res. Code 71465(a)-(b), Gov. Code 51011.5, Gov. Code 51018.6, Gov. Code 51018.9, Health & Saf. Code 51012.2

Helpful Links:

Article 9. Carbon Dioxide Pipelines

Department of Conservation/California Geologic Survey (CGS)

Geologic & Seismic Evaluation

• Technical Support Under SB 905: CGS is responsible for providing geological consultation to CARB and other agencies to support safe, permanent CO₂ storage, including regulatory requirements for seismic monitoring.
• Seismic & Subsurface Monitoring: Evaluating seismic risks and monitoring and reporting seismic activity and potential subsurface leakage to regulators.
• Suitability Assessment: Evaluating the suitability of geologic reservoirs for carbon sequestration to support regulators, pore space management considerations, and provide publicly available data.

Statute Reference

• Pub. Res. Code 71463, Pub. Res. Code 2213

Helpful Links:

About Geologic Carbon Sequestration

Role of California Geological Survey

3D Geological Framework Models

Department of Conservation/California Geologic Energy Management Division (CalGEM)

Well Safety

• Non-injection Well Management: CalGEM is responsible for regulating the plugging and sealing of wells that could interact with CO₂ storage formations, and for regulating monitoring wells associated with storage projects.

Helpful Links:

Carbon Capture and Geological Sequestration

California Energy Commission (CEC)

Power Plants and Carbon Removal

• Permitting Authority: CEC has exclusive permitting authority for thermal power plants 50MW or larger, including retrofitting these plants with carbon capture equipment.
• CRISP: Carbon Removal Innovation Support Program (CRISP) will provide financial incentives with the goal of advance technologies for direct air capture of atmospheric carbon in California.

Helpful Links:

Power Plant Construction, Compliance Monitoring, and Enforcement Program | California Energy Commission

Carbon Removal Innovation Support Program - CRISP | California Energy Commission

State Lands Commission (SLC)

Land Leases

• Leasing: SLC has as a role in issuing leases for CCUS infrastructure that is proposed on state-owned sovereign lands or state offshore waters.

Helpful Links:

Current Regulations | CA State Lands Commission

Local Authorities

• California's 35 air districts have authority over stationary sources. They issue construction and operating permits under state law and implement federal Clean Air Act permitting programs. Facilities that deploy CCUS or removal technologies would need air district permits for their emitting equipment such as compressors and solvent based capture systems. Regulation focuses on criteria pollutants and toxic air contaminants. 
• Cities and/or counties generally hold authority over land use approvals (with the exception of thermal power plants over 50 MW; see CEC section) for CCUS projects, including conditional use permits rezoning or general plan amendments and other citing approvals needed for construction and operation.

Read more about California's Senate Bill 905 Implementation Roles