On December 19, the U.S. Environmental Protection Agency (EPA) issued a final rule regarding carbon capture and sequestration (CCS) technologies. The new rules clarifies that carbon dioxide streams captured from emission sources, injected underground via UIC Class VI wells approved for the purpose of geologic sequestration under the Safe Drinking Water Act, and meeting certain other conditions (e.g., compliance with applicable transportation regulations), will be excluded from EPA’s hazardous waste regulations. Further, EPA 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.

EPA is also releasing draft guidance for public comment that provides information regarding transitioning Class II wells used to inject carbon dioxide for oil and gas development to Class VI wells used for carbon capture and sequestration. The comment period for the draft guidance is 75 days.

Information on the final rule – http://www.epa.gov/wastes/nonhaz/industrial/geo-sequester/