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Copyright © 2018 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. 48 ELR 10416 ENVIRONMENTAL LAW REPORTER 5-2018 through the manipulation of marine water chemistry and biota; removal of CO2 through enhanced weathering of minerals and mineral capture (including injection of CO2 into in situ basalt formations to generate carbonate miner- als suitable for permanent sequestration); and direct soil aggregation and management (particularly through the use of biochar) to promote CO2 uptake. Mineral capture, in particular, has seen some notable recent successes.18 Last, the NET currently receiving the most attention from poli- cymakers—BECCS—combines the biological uptake of CO2 by agricultural feedstocks grown for use in power plants with the capture of CO2 resulting from the energy combustion. Each of these technologies, with the excep- tion of soil conditioning and biochar, will be discussed in greater detail later in this Article. While the general principles and processes of ambient CO2 capture have been widely known for decades, the field is undergoing a burst of activity and research spurred, in part, by the increasingly prominent role of CO2 removal technologies to attain the Paris Agreement’s 2°C target. In its 2015 report on CO2 removal and sequestration technol- ogies, the National Academy of Sciences (NAS) endorsed an active research program to develop a broad array of CO2 removal technologies,19 and it has created an ad hoc com- mittee to develop a research agenda for CO2 removal and reliable sequestration. The committee then began a series of meetings and workshops to draw up research needs for blue carbon projects to enhance the ability of oceanic waters to absorb atmospheric CO2, geological sequestration, DAC of atmospheric CO2 (including through burning biomass for electricity and then capturing its emissions), and terrestrial biosphere sequestration.20 In addition, the U.K.’s Natural Environment Research Council and several other agencies have dedicated £8.6 million to Greenhouse Gas Removal Research Programme grants to evaluate the feasibility and impacts of various technologies.21 In the private sector, the NRG COSIA Carbon XPRIZE Competition has offered a $20 million prize to the technol- ogy that absorbs the most CO2 and converts it into one or more products with the highest net value. It received 47 entries from seven countries by the July 26, 2016, dead- line22 and chose 27 semifinalists on October 15, 2016. These semifinalists proposed the use of technologies to con- vert CO emitted by coal and natural gas power production 2 into several useful products. For example, these products might include fuels such as methanol, biofuels, or synthetic fuels created by combining hydrogen with carbon recap- 18. See discussion at II.C. 19. NAS Report, supra note 11, at 5-7. 20. NAS, Removal and Reliable Sequestration (DELS-BASCPR-16-01), http://www8. nationalacademies.org/cp/projectview.aspx?key=49862 (last visited Mar. 19, 2018). 21. Natural Environment Research Council, Greenhouse Gas Removal From the , http://www.nerc.ac.uk/research/funded/programmes/ggr/ (last visited Mar. 19, 2018). 22. Paul Bunje & Marcius Extavour, - , XPRIZE, July 27, 2016, http://carbon.xprize.org/news/blog/ teams-around-world-take-carbon-xprize. tured from the CO2 emissions. Alternatively, other propos- als would use the CO2 to create carbon nanofibers (i.e., carbon fibers with a functional dimension smaller than 10 billionths of a meter).23 The competition will select its final winners in March 2020 after the development of pilot plants and demonstration-scale competition.24 A similar ferment has seized the rest of the NET and DAC research field, and the technologies and approaches listed below will likely undergo substantial refinement and improvement in the near future. Last, the United States recently took a significant step to open financial support for DAC projects. Under the Bipartisan Budget Act of 2018, the U.S. Congress extended tax credits to CO2 sequestration credits under the Internal Revenue Code for DAC projects. To qualify for the credit, the facility must either: (1) fix a “qualified carbon oxide through photosynthesis or chemosynthe- sis” (although it cannot use “natural photosynthesis” to capture the ambient CO2 in the first place); (2) chemi- cally convert the qualified carbon oxide to “a material or chemical compound” that will “securely store” the gas; or (3) use the qualified carbon oxide “for any other purpose for which a commercial market exists” (other than as a tertiary injectant at an oil and gas project) as determined by the Secretary of the Treasury.25 Even though the credit only applies to larger facilities that remove more than 100,000 metric tons of CO2 during the tax year and must fall within the limits otherwise imposed on general busi- ness tax credits under the Internal Revenue Code, these tax credits offer a significant new source of funding as well as critical governmental and commercial endorsement for the development of DAC technologies.26 A. Mechanical DAC The best-known DAC technologies adopt a similar approach: the capture of CO2 by passing ambient air over a membrane or screen that contains chemicals that absorb the gas.27 Under the most basic approach, a mechanical 23. Press Release, NRG COSIA Carbon XPRIZE, 27 Teams Advancing in $20 Million NRG COSIA Carbon XPRIZE (Oct. 17, 2016), http://carbon. xprize.org/press-release/27-teams-advancing-20m-nrg-cosia-carbon-xprize. 24. XPRIZE, Schedule, http://carbon.xprize.org/about/schedule (last visited Mar. 19, 2018). 25. Bipartisan Budget Act of 2018 (H.R. 1892) §4119 (Enhancement of Car- bon Dioxide Sequestration Credit). 26. James Temple, The Carbon-Capture Era May Finally Be Starting, MIT Tech. Rev., Feb. 20, 2018, https://www.technologyreview.com/s/610296/ the-carbon-capture-era-may-fainlly-be-starting/. 27. This brief overview does not provide a comprehensive overview of emerging DAC technologies, but only provides a summary to allow comparisons of approaches and costs. For a comprehensive review of these technologies and their costs, see Derek Martin et al., University of Michigan, Carbon Dioxide Removal Options: A Literature Review Identifying Carbon Removal Potentials and Costs 100-01 (2017); Eloy S. Sanz-Pérez et al., , 116 Chemical Revs. 11840, 11876 (2016); Micah Broehm et al., Potsdam Institute for Climate Impact Research, Techno-Economic Review of Direct Air Capture Systems for Large Scale Mitigation of Atmospheric CO2 (2015), https://ssrn.com/abstract=2665702; Alain Goeppert et al., - Capture From the , 5 Energy & Envtl. Sci. 7833 (2012).PDF Image | NET Legal Pathways
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