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EPA Exempts CO2 Streams Captured for Geologic Sequestration from RCRA Hazardous Waste Regulations

by Sudhir Lay Burgaard
Morris Polich & Purdy LLP - Los Angeles Office

February 11, 2014

Previously published on January 28, 2014

The U.S. Environmental Protection Agency (“EPA”) issued its final rule exempting carbon dioxide (“CO2”) streams captured from industrial sources and power plants and injected underground for geologic sequestration from regulation under the Resource Conservation and Recovery Act (“RCRA”). In issuing the rule, the EPA clarifies that the RCRA hazardous waste regulations do not apply to CO2 streams captured from power plants and large industrial operations, even if they contain hazardous constituents, provided that they are injected underground via an Underground Injection Control (“UIC”) Class VI injection well approved for geologic sequestration, and meet other conditions.


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