I 
115TH CONGRESS 
2D SESSION 
H. R. 4857 
To amend the Internal Revenue Code of 1986 to enhance the requirements 
for secure geological storage of carbon dioxide for purposes of the carbon 
dioxide sequestration credit. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 19, 2018 
Mr. CRAMER (for himself, Mr. SAM JOHNSON of Texas, Mr. MCKINLEY, Mr. 
HARPER, and Mr. PALAZZO) introduced the following bill; which was re-
ferred to the Committee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to enhance 
the requirements for secure geological storage of carbon 
dioxide for purposes of the carbon dioxide sequestration 
credit. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘CO2 Regulatory Cer-
tainty Act’’. 
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SEC. 2. SECURE GEOLOGICAL STORAGE OF CARBON DIOX-
IDE. 
Section 45Q(d)(2) of the Internal Revenue Code of 
1986 is amended to read as follows: 
‘‘(2) SECURE GEOLOGICAL STORAGE.— 
‘‘(A) IN
GENERAL.—Not later than De-
cember 31, 2018, the Secretary, in consultation 
with the Administrator of the Environmental 
Protection Agency, the Secretary of Energy, 
and the Secretary of the Interior, shall establish 
regulations for determining adequate security 
measures for the geological storage of carbon 
dioxide under paragraph (1)(B) or (2)(C) of 
subsection (a) such that the carbon dioxide does 
not escape into the atmosphere. 
‘‘(B) REQUIREMENTS.—The regulations 
established pursuant to subparagraph (A) shall 
provide that— 
‘‘(i) for purposes of paragraph (1)(B) 
of subsection (a), carbon dioxide shall be 
considered disposed of in secure geological 
storage if such carbon dioxide is stored in 
compliance with rules promulgated by the 
Environmental Protection Agency under 
subpart RR of part 98 of title 40, Code of 
Federal Regulations (as in effect on the 
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date of the enactment of this paragraph) 
under the Clean Air Act (42 U.S.C. 7401 
et seq.), and rules under the Safe Drinking 
Water Act (42 U.S.C. 300f et seq.), which 
are applicable to carbon dioxide disposed of 
in secure geological storage and not used 
as a tertiary injectant in a qualified en-
hanced oil or natural gas recovery project, 
and 
‘‘(ii) for purposes of paragraph (2)(C) 
of subsection (a), carbon dioxide shall be 
considered disposed of in secure geological 
storage if such carbon dioxide is stored in 
compliance with rules promulgated by the 
Environmental Protection Agency which 
are applicable to carbon dioxide used as a 
tertiary injectant in a qualified enhanced 
oil or natural gas recovery project under— 
‘‘(I) subpart UU of part 98 of 
title 40, Code of Federal Regulations 
(as in effect on the date of the enact-
ment of this paragraph) under the 
Clean Air Act, and 
‘‘(II) subpart C of part 146 of 
title 40, Code of Federal Regulations 
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(as in effect on the date of the enact-
ment of this paragraph) under the 
Safe Drinking Water Act, to the ex-
tent such rules are applicable to Class 
II wells.’’. 
SEC. 3. QUALIFIED ENHANCED OIL OR NATURAL GAS RE-
COVERY PROJECT. 
Section 45Q(d)(4) of the Internal Revenue Code of 
1986 is amended— 
(1) by striking ‘‘by substituting’’ and inserting 
‘‘determined— 
‘‘(A) by substituting—’’, 
(2) by striking the period and inserting ‘‘, 
and’’, and 
(3) by inserting at the end the following: 
‘‘(B) without regard to subparagraph 
(A)(iii) thereof.’’. 
Æ 
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