Brazil president Luiz Inacio Lula da Silva signed a decree Wednesday creating the regulatory framework for carbon capture, storage and utilization (CCS/CCUS) activities.
The regulations take effect immediately, putting CCS/CCUS activities under the responsibility of Brazil hydrocarbons regulator ANP, which will oversee research, assessment of storage areas and operations. It also sets rules for monitoring and activity closure. It will be up to ANP to approve projects.
The regulations are part of Brazil's fuel of the future law, which is regulatory framework to advance the country's renewable fuels strategy and decarbonization across multiple sectors. Brazil's CCS market has long called for these regulations, which should enhance legal certainty and predictability for investments in CCS technologies. Brazil is counting on CCS to reach net zero emissions by 2050, according to the government.
Approval of the rules is "a significant milestone for the sector, as it helps provide the necessary legal certainty for CCS projects to move from the drawing board to implementation and scale up, and for new investments to be made", said Isabela Morbach, co-founder of advocacy group CCS Brasil.
The government estimates that its forestry and energy sectors need to have net-negative emissions in the coming years to help offset emissions from hard-to-abate segments.
The rules require that the mines and energy ministry, supported by energy research bureau Epe, develop a national infrastructure plan to guide the implementation of CCS/CCUS. The plan will be reviewed once every two years.
The regulations call for infrastructure sharing among different projects, fostering the creation of multi-user hubs. The rules also recognizes six technological pathways for CCS/CCUS.
Under the regulations, operations may conclude only after the stability of the stored carbon has been verified, following a minimum monitoring period of 20 years.
But the long-term liability for carbon storage is a point of concern, Morbach said. The approved regulations diverge from international trends by placing full responsibility of storage on the operator not only during operations, which is expected, but also after closure.
"The international trend is to provide, whether through legislation or regulation, for the transfer of this long-term liability", she said.
The decree establishes that the carbon must remain stored for at least 50 years.
Lula on Wednesday also signed decrees regulating markets for sustainable aviation fuel and hydrogen.

