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EPA Adopts a Hazardous Waste Conditional Exclusion for Carbon Dioxide (CO2) Waste Streams Injected into Underground Injection Control (UIC) Class VI Wells for Geologic Sequestration
This final rule (79 FR 350), which was effective on March 4, 2014, applies to CO2 streams that have been characterized as hazardous waste in accordance with 40 CFR 261. To be eligible for this exclusion, CO2 streams must meet all of the following conditions:
- Transportation of the CO2 stream must comply with applicable Department of Transportation (DOT) requirements, including federal and state pipeline regulations.
- Injection of the CO2 stream must comply with applicable requirements for UIC Class VI wells.
- No other hazardous wastes may be mixed with, or otherwise co-injected with, the CO2 stream.
- Generators and Class VI well owners or operators claiming the exclusion must sign a certification statement that the conditions of the exclusion were met. This certification must be kept on-site for at least 3 years, must be renewed annually, and must be readily accessible on the facility's Web site as a public notification at the time the exclusion is claimed.
Because this exclusion is less stringent than existing federal regulations, authorized states are not required to adopt this provision. It is important to note, however, that in situations involving interstate transportation, the exclusion must be authorized in the state where the waste is generated, any states through which the waste passes, and the state where the UIC Class VI injection well is located, in order for the waste to be managed as conditionally-excluded from the point of generation to injection.
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