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EPA/SWER

RIN: 2050-AG60

Publication ID: Fall 2010

Title: Hazardous Waste Management Systems: Identification and Listing of Hazardous Waste: Carbon Dioxide (CO2) Injectate in Geological Sequestration Activities
Abstract: On July 25, 2008, EPA published a proposed rule under the Safe Drinking Water Act Underground Injection Control Program to create a new class of injection wells (Class VI) for geological sequestration (GS) of carbon dioxide (CO2). 73 FR 43492. In response to that proposal, EPA received numerous comments asking for clarification on how the Resource Conservation and Recovery Act (RCRA) hazardous waste requirements apply to CO2 streams. EPA is now considering a proposed rule under RCRA to explore a number of options, including a conditional exemption from the RCRA requirements for hazardous CO2 streams in order to facilitate implementation of GS, while protecting human health and the environment.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Undetermined	Unfunded Mandates: Undetermined
CFR Citation: 40 CFR 261
Legal Authority: 42 USC 6903 42 USC 6912 42 USC 6921-24

Legal Deadline: None

Statement of Need: The Agency is taking this action in order to reduce the uncertainty associated with managing CO2 streams under RCRA subtitle C, which will enable the continued research and deployment of carbon capture storage activities.

Summary of the Legal Basis: EPA expects the regulations to be proposed under the authority of sections 1004, 2002, 3001, 3002, 3003, and 3004 of RCRA, 42 U.S.C. 6903, 6912, 6921, 6922, 6923, and 6924.

Alternatives: EPA intends to analyze options for clarifying the applicability of RCRA subtitle C to CO2 streams being captured, transported, and sequestered in Class VI UIC wells, including a conditional exemption from the hazardous waste regulations.

Anticipated Costs and Benefits: The economic impact assessment for this action is presently under development, and there are no preliminary estimates of costs or benefits at this time.

Risks: EPA intends to evaluate how requirements under other statutes and programs (for example, Department of Transportation (DOT) regulations, and EPA's Underground Injection Control Class VI rule) may adequately address potentially unacceptable risks from the capture, transport, and geologic sequestration of CO2 streams. Therefore, EPA does not expect to perform a separate risk assessment of those CO2 streams.

Timetable:

Action	Date	FR Cite
NPRM	01/00/2011

Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: Federal, State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
Sectors Affected: 22 Utilities; 31-33 Manufacturing; 48-49 Transportation
RIN Data Printed in the FR: No
Agency Contact: Ross Elliott Environmental Protection Agency Solid Waste and Emergency Response 1200 Pennsylvania Avenue NW, Mail Code 5304P, Washington, DC 20460 Phone:703 308-8748 Fax:703 308-0514 Email: elliott.ross@epa.gov Mark Baldwin Environmental Protection Agency Solid Waste and Emergency Response 5304P, Washington, DC 20460 Phone:703 308-0157 Email: Baldwin.Mark@epa.gov