Recently published, Decree No. 13,095/2026 regulates the capture, pipeline transport, and geological storage of CO₂ in Brazil under ANP regulation. Although the topic may seem restricted to the energy and oil sectors, the rule brings direct impacts on the mining industry by creating new uses for the underground.
In this article, we filter the legal text to focus exclusively on what matters to miners: spatial conflicts with ANM, rules for using tailings, and decarbonization opportunities.
(The link to the full decree text is available at the end).
1. Land Management and Conflict of Competences (ANP vs. ANM)
The decree defines a storage block as a vertical prism of undetermined depth. This model creates an inevitable spatial overlap between:
- CO₂ storage blocks authorized or requested with the ANP;
- Active mining titles (Exploration Permits, Development Concessions, Mining Licensings) or applications registered in SIGMINE with the AMM.
To resolve competing interests, the ANP will define prioritization and conciliation criteria, reserving the authority of the Minister of Mines and Energy to decide on priority underground uses. For mining companies, protecting mineral deposits will require continuous monitoring of requested carbon polygons in their region.
2. Monitoring Timeframes and Opportunities in Mineralogical Trapping
The decree defines timeframes for gas retention:
- Initial Monitoring (20 Years): Requires proof of CO₂ storage volume stability for a minimum of 20 years post-injection for authorization closure.
- Permanence (50 Years or Mineralogical Trapping): Retention must be guaranteed for 50 years or through proof of irreversible mineralogical trapping.
The mention of mineralogical trapping opens perspectives for applied geology. Injecting CO₂ into ultramafic or basaltic rocks emerges as a alternative for permanent carbon retention using tailings and operational mine pits/cavities.
3. Decarbonization of the Mineral Value Chain in the SBCE
Large-scale mining and metallurgical operations (such as steel, pelletizing, cement, and lime) have inherent thermal and chemical process emissions.
With the integration of carbon storage into the Brazilian Emissions Trading System (SBCE), regulated by Law No. 15,042/2024, operations with hard-to-abate emissions now have a formal, regulated mechanism to offset their carbon footprint.
Strategic Recommendations
To mitigate spatial conflict risks and leverage sustainability avenues, we recommend:
- Polygon Audit: Perform due diligence cross-referencing ANP carbon block requests with ANM mining rights in SIGMINE.
- Regulatory Tracking: Monitor ANP resolutions detailing the conciliation of overlapping areas.
- Feasibility Studies: Assess the geological potential of the deposit and tailings for carbon mineralogical trapping projects.
To review the full text, access the official publication here: Decree No. 13,095/2026
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