Indonesia’s New CCS/CCUS Regulations: Promotion of Energy Transition in Southeast Asia

April 13, 2023

Reading Time : 4 min

In March 2023, the Ministry of Energy and Mineral Resources Regulation No. 2 of 2023 was announced by Indonesia’s Minister of Energy and Mineral Resources, Arifin Tasrif, concerning Implementation of Carbon Capture and Storage, as well as Carbon Capture, Utilization and Storage in Upstream Oil and Gas Business Activities (the “MEMR 2/2023”). Indonesia, which has geological formations well suited to the development of carbon capture and storage (“CCS”) as well as carbon capture, utilization and storage (“CCUS”) projects, has become one of the first countries in Southeast Asia to promulgate regulations to support the integration of CCS/CCUS projects within upstream exploration and production activities with the goal of helping to decarbonize the industry.

MEMR 2/2023

According to the International Energy Agency, “successfully deploying CCUS relies on the establishment of legal and regulatory frameworks to ensure the effective stewardship of CCUS activities and the safe and secure storage of CO21. MEMR 2/2023 (which consists of 11 chapters and 61 articles) has been drafted with the goal of encouraging the development of commercial scale CCS/CCUS projects in Indonesia. Some of the key items addressed in MEMR 2/2023 include:

  • before commencement of a CCS/CCUS project, a proposal or a plan which addresses the feasibility of the proposed CCS/CCUS project in terms of its compliance with applicable standards and good practice principles needs to be submitted by the contractor of the relevant upstream working area to a government unit called the Special Work Unit for Upstream Oil and Gas Activities (Satuan Kerja Khusus Pelaksana Kegiatan Usaha Hulu Minyak dan Gas Bumi or “SKK Migas”) or (in the context of projects related to concessions in Aceh province) the Aceh Oil and Gas Management Agency (Badan Pengelola Migas Aceh or the “BPMA”);
  • once the above proposal or plan is approved by the relevant regulator, the contractor may carry out the CCS/CCUS activities, provided that (i) a series of ongoing monitoring activities is also untaken in parallel to ensure compliance with health, safety, environmental and social aspects of the CCS/CCUS project, (ii) such monitoring obligation continues for a period of up to 10 years after the closure of CCS/CCUS activities and (iii) a reserve account (which shall be a joint account established and maintained on behalf of the contractor and SKK Migas/BPMA) is funded during the 10-year period to ensure the monitoring activities can be undertaken even after decommissioning;
  • in order to proceed with closure of CCS/CCUS activities and transfer a contractor’s rights, obligations and responsibilities for the CCS/CCUS project back to the state, the contractor needs to verify with the Directorate General of Oil and Gas or a third-party verification body that, among others, there is no leakage, ground water contamination or other risks from any of the project facilities and adequate measures have been taken to prevent any future leakage; and
  • carbon trading and reimbursement of operational costs for the use of joint facilities can be ways to monetize a CCS/CCUS project, and the CCS/CCUS project may also benefit from tax incentives applicable to the upstream oil and gas business activities (e.g., exemption from import taxes).

Although the regulation does provide some much needed clarity around the scope and requirements of CCS/CCUS activities, there are a number of issues that remain to be addressed, including leakage risk, allocation of title and risk in the context of commingled carbon and ensuring quality specifications. It is also unclear to what extent Indonesia will look to offer financial incentives to attract investment across the CCS/CCUS value chain, and it will be interesting to see whether the Indonesian government will follow jurisdictions such as the United States, the United Kingdom and Europe by introducing tax breaks and credits for CCUS technologies.

Catalyst for the Neighboring Countries?

CCS/CCUS technologies are set to play an important role in supporting the clean energy transition across Southeast Asia. Indonesia’s neighboring countries Malaysia, Vietnam, Thailand and the Philippines all have potential for geological storage of CO2and are working to draft their own regulations and so are likely closely monitoring the developments in Indonesia and the impact MEME 2/2023 has on the development of domestic CCS/CCUS projects.

It would be especially interesting to see whether Malaysia will quickly follow Indonesia’s footsteps and announce its own regulations, given Malaysia through its well-established oil and gas industry was positioning itself to be a CCS/CCUS leading destination in Southeast Asia. Malaysia was already moving ahead with projects such as the Kasawari offshore CCS project and the Lang Lebah offshore CCS project, and Malaysia’s PETRONAS has signed a Memorandum of Understanding in August 2022 with six South Korean companies (Samsung Engineering Co., Ltd., Samsung Heavy Industries, SK Earthon Co., Ltd., SK Energy Co., Ltd., GS Energy Corporation and Lotte Chemical Co.) to undertake conceptual and feasibility studies towards establishing a full value chain related to CCUS, but currently there is no CCS/CCUS-specific law in Malaysia.

Also, we may wait and see whether Indonesia’s MEMR 2/2023 could serve as a stepping stone towards discussion around regional cooperation. Although domestic regulations such as MEMR 2/2023 will be important to the development of domestic CCS/CCUS projects, regional cooperation will be absolutely critical to unlock the region’s vast carbon-capture potential. A series of issues will inevitably arise in a cross-border context, so without regional cooperation to foster confidence and certainty around a cross-border/transboundary legal and regulatory regime, the idea of transporting CO2from Singapore to Indonesia through pipeline or shipping CO2from countries such as Japan and South Korea to Malaysia may merely remain a lofty ambition.


1 https://www.iea.org/reports/legal-and-regulatory-frameworks-for-ccus

Share This Insight

Previous Entries

Speaking Sustainability

October 3, 2024

NYC Climate Week included over 900 events with an estimated 100,000 participants swarming the City. While indicative of growing interest in climate action, some note that the record turnout foreshadows a smaller presence at COP 29 in Azerbaijan.

...

Read More

Speaking Sustainability

September 19, 2024

Recent legislative and regulatory developments reflect ongoing tensions between environmental policies and economic priorities in the U.S. energy landscape. The House Energy and Commerce Committee’s advancement of three resolutions targeting Environmental Protection Agency (EPA) rules on power plants, vehicle emissions and air quality standards marks a broader Republican effort to counter President Biden’s environmental agenda, though these resolutions face likely vetoes. In contrast, House Speaker Mike Johnson has signaled openness to retaining certain green energy tax credits, reflecting a pragmatic approach as some Republican districts benefit from these investments. Simultaneously, bipartisan efforts to boost critical mineral production, led by Senators Hickenlooper and Tillis, aim to reduce U.S. reliance on Chinese imports, while the White House has raised tariffs on Chinese electric vehicles and solar products, a move seen as both protective of domestic industries and potentially disruptive to supply chains. Legal battles continue, as seen in the judicial blocking of the Interior Department’s methane rule in five states and ongoing litigation over EPA’s cross-state pollution rule, which the agency has been allowed to revise. Meanwhile, grid operators have expressed concerns that the EPA’s carbon emissions rule could threaten power plant operations, pushing for legal revisions to protect grid reliability. Together, these developments reflect the broader debate over balancing environmental regulations with economic and energy security concerns.

...

Read More

Speaking Sustainability

September 12, 2024

After a recent permitting reform bill was passed out of a Senate Committee, House Republicans took steps to draft their own permitting reform legislation. Rep. Westerman (R- AR) held a hearing to discuss his draft bill, which most notably places limitations on the environmental permitting process for energy projects. This comes as both parties position energy policy as a key election issue, with Vice President Harris recognizing a role for oil and gas production during the Presidential debate in response to Republican criticism of her climate policies. Meanwhile, former President Trump vowed to pull back unspent dollars approved for greenhouse gas reduction and energy transition projects under the Inflation Reduction Act (IRA). The IRA has already spurred significant renewable energy investment, particularly in rural electric co-ops using the funds to replace coal generation with clean energy and battery storage.

...

Read More

Speaking Sustainability

August 14, 2024

With U.S. elections rapidly approaching, presidential candidates are expected to foreshadow key aspects of their energy and environmental legislative and policy agendas. In particular, the Energy Permitting Reform Act of 2024 may prompt Vice President Kamala Harris to balance legislative progress with her environmental justice commitments. The proposed bill promises to expedite clean energy projects but also aids fossil fuel industries and potentially at odds with front-line environmental justice communities. While White House climate adviser John Podesta expresses cautious optimism about the bill’s post-election prospects, environmental groups are calling on Harris to oppose the bill. Similarly, Harris’ running mate, Minnesota Governor Tim Walz, takes a nuanced stance on mining projects near sensitive watersheds, balancing the difficult trade-offs in advancing clean energy mandates while maintaining resource development. This exhibits the complex negotiations required to align bipartisan support behind the democratic ticket’s climate goals ahead of the presidential election.

...

Read More

Speaking Sustainability

August 8, 2024

On August 6, 2024, Vice President Kamala Harris selected Minnesota Governor Tim Walz as her running mate in the 2024 election. Walz, a little-known figure in national politics, serving in his second term as governor in Minnesota, has implemented far reaching energy policies after winning a democratic trifecta in 2023. Two bills establishing a mandate for carbon-free electricity in Minnesota by 2040 and simplifying the energy permitting process mirror current federal policy proposals. Expect to see Walz on the campaign trail linking his experience to the need for federal action.

...

Read More

Speaking Sustainability

August 1, 2024

On Wednesday, July 31, the Senate Energy and Natural Resources Committee approved a permitting and grid development package, spearheaded by Chair Joe Manchin (I-WV) and Ranking Member John Barrasso (R-WY). The bipartisan bill paves the way for renewable energy projects, oil and gas leases, and grid improvements, as well as reversing the Biden administration’s pause on liquefied natural gas export permits. This legislative progress aligns with the U.S. Department of Energy’s allocation of $30 million in initial funding to the Appalachian hydrogen hub, which aims to significantly reduce carbon dioxide emissions through hydrogen fueling stations and carbon storage sites. However, environmental groups are pushing back against the Manchin-Barrasso permitting bill as well as newly proposed exemptions to the 45V hydrogen tax credits by Senate Democrats, arguing that these changes would undermine carbon-reduction goals. Simultaneously, the Biden administration is investing $575 million in federal grants to enhance climate resilience in coastal communities, indicating a comprehensive approach to addressing both immediate and long-term climate challenges through legislative, financial and infrastructural measures.

...

Read More

Speaking Sustainability

July 26, 2024

Key topics in Akin’s July 2024 Sustainability/ESG Policy and Regulatory Update include:

...

Read More

Speaking Sustainability

July 18, 2024

On Monday, July 15, at the opening day of the Republican National Convention, former President Donald Trump announced his selection of Sen. J.D. Vance (R-OH) as his vice-presidential candidate, signaling a firm commitment to fossil fuel advocacy and opposition to renewable energy. Vance is vocal against President Biden’s clean energy policies, which he critiqued openly at the Convention. While the selection aligns with the broader Republican agenda of championing fossil fuels and criticizing current administration’s energy strategies, the ticket has drawn its own share of industry concern. The oil and gas industry has expressed uneasiness over Trump’s protectionist trade policies, fearing inflation and trade retaliation. The American Petroleum Institute, advocating for free markets and free trade, stresses the necessity of reducing trade barriers and maintaining certain tax incentives, including those for carbon capture and clean energy, to mitigate potential adverse effects on domestic energy production.

...

Read More

© 2024 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.