This 2018 report outlines the key legal requirements for injecting carbon dioxide into the seabed off the northeast coast of the U.S. It distinguishes the legal requirements for injections in “state waters” (i.e., within three nautical miles of the coast), “federal waters” (i.e., 3 to 200 miles from shore), and the “high seas” (beyond 200 miles). The report observes the lack of a regulatory regime specific to carbon dioxide injection in federal waters or on the high seas, while noting the potential application of the ocean dumping regime established in the Marine Protection, Research, and Sanctuaries Act (MPRSA).
Depending on whether carbon dioxide is considered an industrial waste, the MPRSA may operate either to ban its offshore injection or allow its injection with a permit from the EPA. Various other permits and authorizations may also be required depending on where and how injection occurs. The key requirements are outlined in this article.