Proposed Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide Geologic Sequestration Wells; EPA Public Hearing, Denver, Colorado

     On July 25, 2008, the EPA released its proposed requirements for the underground injection of carbon dioxide for geologic sequestration under the Safe Drinking Water Act (SDWA).  The proposed rule applies to wells that will be used to inject carbon dioxide into the subsurface for the purpose of long-term storage.  The regulation is proposed under the authority of the SDWA to ensure protection of underground drinking water sources.  With this regulation, EPA proposes a new class VI well under the Underground Injection Control (UIC) Program as well as addressing the technical criteria for the geologic site characterization, area of review, corrective action, well construction, operation, mechanical integrity testing, monitoring, well plugging, post-injection site care, and site closure.  EPA chose the tailored requirement approach to the proposed regulation in which requirements build upon the existing UIC regulatory framework for deep wells.  According to the EPA, the proposed rule incorporates national consistency while providing flexibility or the discretion of the permitting authority when appropriate and limiting unnecessary burden on owners, operators, and permitting authorities.

     The proposed rule includes a request for public comment on or before November 24, 2008.  Public hearings were held on the proposed rule on September 30, 2008 in Chicago, Illinois and on October 2, 2008 in Denver, Colorado.   

     Among those organizations that presented oral comments at the Denver hearing were the Oil and Gas Conservation Division of the Kansas Corporation Commission, the American Petroleum Institute, the North American Carbon Capture & Storage Association, Xcel Energy, the American Water Works Association, the Wyoming Department of Environmental Quality, the Environmental Defense Fund, the Utility Solid Waste Activities Group, Legacy Economy, the Colorado Department of Public Health and Environment, and the National Resources Defense Council.  Concerns expressed at the Denver hearing addressed the following issues:  financial assurances of owner/operators, regulation funding, the requirement of injection below the lowest underground source of drinking water, the requirement of post-injection monitoring and site care of 50 years, primacy, grandfathering, carbon dioxide storage as considered under RCRA and CERCLA, performance based standards, and externalities.

     The proposed rule, supporting information, and information on how to comment on the proposal are available on the EPA’s web site www.epa.gov/safewater/uic/wells_sequestration.html. 

     This article was authored by Ronda L. Sandquist, Jackson Kelly PLLC. For more information on the author see here.