EPA RELEASES FINAL RULE FOR CO2 EXEMPTION UNDER RCRA

Karen Frantz
GHG Monitor
12/20/13

The Environmental Protection Agency late this week issued a long-awaited final rule that would exclude geologically sequestered CO2 from its definition of hazardous waste. Although the rulemaking had not been published in the Federal Register by press time, the prepublication version of the rule would conditionally exclude supercritical CO2 streams injected into Class VI Underground Injection Control (UIC) wells for geologic sequestration from EPA’s definition of hazardous waste under the Resource Conservation and Recovery Act (RCRA), which regulates solid and hazardous wastes. The EPA said the rule “clarifies that carbon dioxide injected underground via UIC Class II wells for enhanced oil recovery (EOR) is not expected to be a waste management activity.”

The EPA initially proposed the exemption in August 2011 and the final rule was originally expected earlier this year before the EPA told GHG Monitor it was officially delaying finalization. The EPA hailed the final rule as helping to create a consistent framework for carbon capture and storage technology deployment. “Carbon capture and sequestration technology can help us reduce carbon pollution and move us toward a cleaner, more stable environment,” Mathy Stanislaus, EPA assistant administrator for Solid Waste and Emergency Response, said in a release. “Today’s rule provides regulatory clarity to help facilitate the implementation of this technology in a safe and responsible way.”

The EPA also said that it “concluded that the careful management of carbon dioxide streams under the specified conditions does not present a substantial risk to human health or the environment,” adding, “EPA’s determination will help provide a clear pathway for the deployment of CCS technologies in a safe and environmentally protective manner while also ensuring protection of underground sources of drinking water.” The Agency also released draft guidance with information for injection well owners or operators and UIC program directors on transitioning from Class II wells, used to inject CO2 for enhanced oil recovery, to Class VI wells, used for CO2 storage. The draft guidance is up for public comment for 75 days.