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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 10418 ENVIRONMENTAL LAW REPORTER 5-2018 tems estimate that the cost per ton for captured CO2 is much lower than academic estimates (generally, from $20- $30 per ton of CO2 up to $167 per ton).37 If mechanical DAC technologies are widely deployed, those costs could theoretically drop to as low as $30 per ton. By comparison, some studies expect the cost per ton of CO2 captured and sequestered at fossil-fueled power plants to approach $50 to $100 if the U.S. energy sector fully implemented CO2 reduction mandates under the U.S. Environmental Protec- tion Agency’s (EPA’s) new source performance standards for fossil-fueled power plants.38 The federal government has estimated the social cost of carbon at roughly $40 per ton for use when calculating the costs and benefits of federal regulations that affect CO2 emissions.39 B. Carbon Removal Via Ocean Manipulation Rather than seeking to take dilute CO2 from ambient air, other approaches have focused on enhancing the oceans’ ability to remove CO2 from the atmosphere. This strat- egy would essentially boost the key role already played by marine waters in capturing and sequestering CO2 either through photosynthesis or direct chemical absorp- tion. This natural process currently removes more than one-half of all annual anthropogenic emissions, and the marine waters can offer an easier physical medium for the removal and management of CO2 at higher concentrations than ambient air.40 The vital role that oceans have already CO2 and a natural gas-fired kiln to release it for sequestration yielded a cost projection of $2,200 per ton of CO2 annually. Notably, this cost did not in- clude the additional expense of transporting and sequestering the CO2 after capture. American Physical Society Panel on Public Affairs, Direct Air Capture of CO2 With Chemicals: A Technology Assessment for the APS Panel on Public Affairs ii (2011). Some proposals would har- ness low-grade process heat to power an adsorption-regeneration cycle and allow centralized DAC facilities to capture large quantities of CO2. Peter M. Eisenberger et al., - , 20 Energy & Env’t 973, 974 (2009). 37. Ishimoto et al., supra note 33, at 7-9 (cost estimates by DAC companies). 38. These costs and estimates are discussed in greater detail in Wendy B. Jacobs & Michael Craig, - tration, 47 ELR 11022 (Dec. 2017). 39. The federal government’s most recent estimates of the social cost of carbon ranged from $12 to $62 per metric ton of CO2 by the year 2020 based on a range of discount rates from 2.5% to 5%. The median average cost, which is frequently cited, is $42. Interagency Working Group on the Social Cost of Carbon, Technical Support Document: Techni- cal Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866, at 4 (2016). Notably, the Trump Administration disbanded the Interagency Working Group and withdrew this technical support document. All future calculations of social costs of carbon used in federal governmental actions must use estimates “consistent with the guidance contained in [the Office of Management and Budget’s] Circular A-4 of September 17, 2003.” Exec. Order No. 13783, Promoting Energy Independence and Economic Growth, sec. 5, 82 Fed. Reg. 16093 (Mar. 31, 2017), available at https://www.whitehouse.gov/the- press-office/2017/03/28/presidential-executive-order-promoting-energy- independence-and-economi-1. It remains unclear how this Executive Order will affect future uses of social costs of carbon, or how agencies will calculate that cost. Hannah Hess, Carbon, Greenwire, June 15, 2017, at item 3, https://www.eenews.net/ greenwire/2017/06/15/stories/1060056112. 40. See, e.g., Heather D. Willauer et al., Naval Research Laboratory, The Feasibility and Current Estimated Capital Costs of Producing Jet Fuel at Sea Using Carbon Dioxide and Hydrogen (2010) (NRL/ played so far in removing CO2, however, has caused grow- ing concerns over the increasing acidification of marine waters, the accelerating loss of marine biodiversity and extinction of aquatic species, and reduced efficiency in marine uptake of CO2 due to the thermal warming of the oceans’ surface layers.41 The most well-known marine removal strategy is ocean iron fertilization (OIF). This proposed technology would add iron to certain mineral-poor ocean waters to spur the growth of marine phytoplankton. The plankton bloom would absorb CO2, and then sequester the gas as the plank- ton died and sank to the deep ocean floor. The effectiveness of this approach lies in the extraordinary effectiveness of adding relatively small amounts of iron to large volumes of seawater. According to some estimates, the addition of very small amounts of dilute iron solution to an iron- poor marine body (such as the Southern Ocean or upper Pacific) would result in phytoplankton blooms that would uptake large quantities of CO2.42 This high uptake ratio led a famous biogeochemist to quip, “[G]ive me half a tanker of iron, and I’ll give you another ice age.”43 As opposed to mechanical DAC, OIF has already undergone numerous field experiments.44 These studies often focused on other scientific concerns rather than potential climate engineering applications, but the exper- iments have yielded useful data on the duration, size, and effectiveness of phytoplankton blooms as a tool to absorb CO2.45 Some of the experiments that explicitly sought to demonstrate the climate engineering applications of OIF have proven controversial. An attempt by Planktos, a now-defunct entrepreneurial corporation that sought to obtain marketable carbon credits from OIF, to release solute iron in 2007 near the coastal waters off the Gala- pagos Islands, led EPA to attempt to halt the project.46 An experiment to release iron in the Southern Ocean in MR/6180-10-9300); Greg H. Rau, Mitigation Via Capture and Chemi- cal Conversion in Seawater, 45 Envtl. Sci. & Tech. 1088 (2010). 41. IPCC, supra note 1, at 45, 60-62. Recent surges in the rate of CO2 increases in the ambient atmosphere have raised concerns that natural GHG sinks, such as the oceans, have begun to absorb smaller portions of anthropogenic GHG emissions. Justin Gillis, , N.Y. Times, June 27, 2017, at A1. 42. NAS Report, supra note 11, at 47-53. See also Randall S. Abate & An- drew B. Greenlee, Change, and the International Environmental Law Framework, 27 Pace En- vtl. L. Rev. 555, 560-72 (2010). Some of the initial enthusiasm for the concept of OIF arose from the combination of its proposed effectiveness at withdrawing large volumes of CO2 (each ton of iron would effectively sequester up to 15,900 tons of carbon) at a very low cost (ranging from $2 to $5 per ton). Philip W. Boyd, Introduction and Synthesis, 364 Marine Ecology Progress Series 213, 216-17 (2008). 43. Fleming, supra note 28, at 247; Kenneth Coale, , 45 Deep Sea Res. II 915 (1998). 44. Jeff Tollefson, , 545 Na- ture 393, 394 (2017) (“[r]esearchers worldwide have conducted 13 major iron-fertilization experiments in the open ocean since 1990”). 45. NAS Report, supra note 11, at 49-50. 46. EPA notified Planktos that its planned experiment would require a permit under the federal Clean Water Act (CWA) for the discharge of a pollutant into U.S. marine waters, or that the U.S. flagged vessel would require autho- rization for the discharge. The company responded it would use a non-U.S. flagged vessel to conduct its experiment outside U.S. jurisdictional waters. Tracy Hester, , 38 Ecology L.Q. 851, 862 (2011).PDF Image | NET Legal Pathways
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