EPA Releases Notice of Data Availability Regarding Forthcoming UIC Rules for CO2 Injection Wells

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EPA recently released a pre-publication version of a Notice of Data Availability and Request for Comments ("Notice") pertaining to its proposed regulatory amendments to the Underground Injection Control (UIC) Program that would establish a new class of wells (Class VI), pursuant to its authority under the federal Safe Drinking Water Act. The proposed regulations establishing the criteria and standards for issuance of Class VI Wells (to be codified at 40 CFR Part 146, Subpart H) will apply to wells that are used for the purpose of injecting carbon dioxide from an emission source into a deep subsurface rock formation for long-term storage (a.k.a. “Geologic Sequestration”). The proposed rule was issued in July, 2008 and has not yet been finalized. See "EPA Proposes UIC Rules for CO2 Injection Wells". The Geologic Sequestration of CO2 is a part of the process that is commonly referred to as “Carbon Capture and Storage,” or “CCS” - which is one of the key technologies that would allow coal to continue to be used as an energy supply after enactment of limits on greenhouse gas emissions.

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