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Regulatory Development and Retrospective Review Tracker

Hazardous Waste Management System: Conditional Exclusion for Carbon Dioxide (CO2) Streams in Geological Sequestration Activities

a.k.a. RCRA Regulation of CO2 Sequestration


RIN: 2050-AG60 (What's this?)

Docket No.: EPA-HQ-RCRA-2010-0695 (What's this?)

Current Phase: Proposal (What's this?)

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).

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 considering a rule that would conditionally exclude from the RCRA requirements CO2 streams that otherwise meet the definition of hazardous waste, in order to facilitate implementation of GS, while protecting human health and the environment.
Timeline

MilestoneDate
Initiated02/05/2010
NPRM: Sent to OMB for Regulatory Review03/22/2011
NPRM: Received by OMB03/22/2011
NPRM: Regulatory Review Concluded06/30/2011
NPRM: Comment Period Open08/08/2011
NPRM: Published in FR08/08/2011
NPRM: Correction Published in FR09/08/2011
NPRM: Comment Period Closed10/07/2011
Final Rule: Sent to OMB for Regulatory Review04/24/2013
Final Rule: Received by OMB04/24/2013
Final Rule: Published in FR07/2013 (projected)

Potential Effects

Environmental Justice
This rulemaking involves a topic that is likely to be of particular interest to or have particular impact upon minority, low-income, tribal, and/or other vulnerable populations because:

  • The topic is likely to have the following impact: This action involves a topic (carbon sequestration) that has been identified by environmental justice advocates as being of particular interest.

Federal Government - other agencies
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

State Governments
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • Final Rule - This stage of the rulemaking underwent review.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 260 to 261

Legal Authority
42 USC 6912;42 USC 6921-29;42 USC 6934

Disclaimer

This site provides summaries of priority rulemakings and priority retrospective reviews of existing regulations. We update most of the site at the beginning of each month, though some data is updated more frequently if it is time sensitive. The information on this site is not intended to and does not commit EPA to specific conclusions or actions. For example, after further analysis, EPA may decide the effects of a rule would be different or it may decide to terminate a rulemaking.


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