REGULATORY DEVELOPMENTS

May 2008

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U.S. EPA Developing Rules for Underground Storage of Carbon Dioxide with Implications for Drinking Water Quality

The U.S. Environmental Protection Agency (EPA) has recently begun moving forward with plans to develop regulations under its Underground Injection Control (UIC) program for the geologic sequestration of carbon dioxide (CO2) in deep rock formations. The UIC program, which is implemented by EPA and the states under the Safe Drinking Water Act (SDWA), provides a framework for permitting the injection of fluids into the subsurface, so that such activities do not endanger current of future underground sources of drinking water. The rules EPA is currently developing will establish a new permit classification under the UIC program specifically for commercial-scale geologic sequestration activities undertaken to prevent the release of greenhouse gas (GHG) emissions. EPA plans to propose these new regulations this coming July and has invited stakeholders and the public to provide input in a series of workshops and the forthcoming rulemaking process.