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Carbon Dioxide Infrastructure: Pipeline Transport Issues and Regulatory Concerns--Past, Present, and Future

J. Greg Schnacke, Philip M. Marston, Patricia A. Moore, Enhanced Oil Recovery: Legal Framework for Sustainable Management of Mature Oil Fields

Pipeline quality specification are specific to each pipeline and must take into account various design or operational requirements, including the commingling of CO2 supply sources available and of course the customer requirements, whether for utilization in CO2-EOR or by the food and beverage industry. Accordingly, care should be taken in drafting any applicable documents to reflect the actual operational and commercial requirements for the applicable project in question. This need for flexibility and fit-for-performance drafting of pipeline quality specifications means that uniform CO2 quality specifications or standards are neither appropriate nor desirable.54 Specification should be individually established by the pipeline operators.

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IV. Regulatory framework for CO2 Pipelines

CO2 pipelines are subject to a variety of federal and state requirements affecting design, siting, construction and operation that are common to many large infrastructure projects and are intensely site specific. The discussion here is limited and intended only to highlight a few of the major aspects of permitting and regulation that are particularly relevant to planning and constructing CO2 pipelines. It is emphatically not a checklist for regulatory compliance, however. Counsel working with pipeline developers must review carefully the environmental, land use, and