Carbon updates from Washington, DC

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Marston Law

Phone: 703-548-0154

Send an email to Philip Marston

Environmental Protection Agency

December 2010: EPA published the Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells Final Rule.  The new rule creates a new "Class VI" for CO2 injection facilities that inject carbon dioxide underground for geologic sequestration. 



The EPA also finalized rules requiring reporting of the subsurface injection of CO2.  The rules governing reporting of subsurface injections of CO2 are located in Subparts RR and UU of the reporting rules and are found respectively at: (for subpart RR) and at (for Subpart UU). 


December 7, 2009: The EPA has issued its final rule finding that carbon dioxide emissions constitute “endangerment” under the Clean Air Act.  The homepage for multiple documents is:



On September 22, 2009, the EPA issued its final rule adopting mandatory reporting of carbon dioxide emissions produced by major sources in the United States.  The proposed rule had been issued in March of 2009 and has now been finalized. 

             Final Mandatory Reporting of Greenhouse Gases Rule

The EPA specifically addressed issues raised by companies using CO2 in enhanced oil recovery (EOR) operations.  See Volume 41 of EPA’s response to public comments.


On August 31, 2009, the EPA’s notice of data of availability was published, requesting public comment on new data and related issues in response to comments on the original proposal from the summer of 2008.  The NODA provides additional information and data on allowed injection depths and presents a proposed alternative for further comment.

Comments on the contents of this NODA must be received on or before October 15, 2009.

             The federal register version of the NODA is available at:


             Additional background is available from the EPA at:




In July of 2008, the EPA issued its notice of proposed rulemaking to establish a new Class VI for CO2 injection wells for geologic storage.  A public hearing is to be scheduled for September of 2008.  Written comments may be filed on or before November 24, 2008.


                          (Federal Register PDF version)


             Comments that have been filed in response to the proposed rule can be found at


             Additional supporting technical documentation and other information is available at:



In October of 2007, the Environmental Protection Agency (EPA) had announced plans to develop regulations with the aim "to establish a clear path for geologic sequestration".  Working in cooperation with the Safe Drinking Water Act, the EPA is seeking to ensure a “consistent and effective permit system for commercial-scale geologic sequestration programs.”  The October 11, 2007 press release can be found here.

In other EPA news, the agency has been sponsoring public workshops to discuss regulatory concerns arising from the injection of carbon for sequestration purposes.  The agency states that the public workshops “will provide an opportunity for dialogue with representatives from industry, government, public interest groups, and the general public on geologic sequestration of carbon dioxide.” 

Summaries of the workshops are available at:


Additional information with regards to geologic sequestration can be found on the EPA’s Climate Change website: Climate Change - Geologic Sequestration

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