EPA Finalizes Rule On Carbon Capture And Sequestration Requirements

On December 19, 2013, the EPA issued a final rule that outlines requirements for CCS technologies to protect underground sources of drinking water. The new rule clarifies that such captured and stored carbon dioxide streams will be excluded from the Resource Conservation and Recovery Act's ("RCRA") hazardous waste regulations for discarded waste. The rule is intended to provide regulatory clarity to facilitate the development and implementation of CCS technologies in light of the proposed emission standards for new power plants, published for public comments on the Federal Register on January 8.

CCS is the process of capturing carbon dioxide from industrial or energy sources and injecting it into deep subsurface rock formations or depleted reservoirs for long-term storage. According to EPA, management of carbon dioxide streams under the specified conditions does not present a substantial risk to human health or the environment, and therefore additional regulation