On January 3, 2014, EPA published a final rule conditionally excluding from the definition of hazardous waste certain carbon dioxide (CO2) streams that are to be injected into Underground Injection Control (UIC) Class VI wells for purposes of geologic sequestration (GS). 76 Fed. Reg. 48073. The rule, which will amend 40 CFR § 261.4, exempts CO2 streams from regulation as hazardous waste under RCRA subtitle C provided that certain conditions are met, including: (1) transportation of the CO2 stream must be in compliance with applicable Department of Transportation requirements; (2) injection of the CO2 stream must be in compliance with the applicable requirements for UIC Class VI wells; (3) no other hazardous wastes may be mixed with, or otherwise co-injected with, the CO2 stream; and (4) generators and UIC Class VI well owners or operators claiming the exclusion must sign a certification statement that the conditions of the exclusion were met.

EPA also issued draft guidance to assist injection well owners or operators and UIC Program Directors in transitioning Class II injection wells (oil and gas production) to Class VI (CO2 sequestration). EPA will accept comment on the draft guidance until March 1, 2014.

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