This comment letter response contains two parts:   

(1) The original submittal from the commenter.

(2) A data base printout of EPA’s response to each point raised by the commenter.

Notes about the response letters:

• The response letters were generated by a data base used to track the content of all public

comment submittals and ensure that the Agency responds to each. Each comment letter

was assigned a Letter ID that corresponds to the last four digits of the docket number of the

original comment (as posted on www.regulations.gov).

• Each response letter includes: comment text; an EPA‐assigned comment code; and an

individual response. These are described and explained below.  

• The data base contains Comment text from the letters submitted by commenters.  

Many hard copy letters were scanned into electronic format for inclusion in the data

base. As a result, there may be some typographical errors attributable to optical

character recognition issues.  However, all original submittals were reviewed in the

process of drafting responses to ensure that the comment content was understood and

appropriately addressed.

• The content of each comment letter was divided into topic areas and assigned a unique

Comment ID.  Additionally, one or more Comment Codes (i.e., unique topic area ID) was

assigned to each discrete point raised by a commenter. This information was added to

the data base. To inform final rulemaking decisions, all comments and information

received on a given topic were reviewed by technical experts in each rule area (e.g., on

construction requirements).  

• Following decisions on the final rule requirements, Individual responses were drafted

by topic area to ensure completeness and consistency of the responses with the final

rule and other responses to similar comments.  Each discrete point made by a

commenter was given a unique response.

• Upon completion of comment responses, all information was entered into the data base.

Each letter response is a compilation of each comment and its individual response,

compiled in the order of the original comment letter.  As a result of this process, there is

repetition in the response text.  The Agency believes this approach ensures completeness

and attention to each comment letter that was submitted.   

• All comments in a topic area were reviewed, evaluated, and responded to concurrently.  

Responses on each topic area are compiled and are also available in the rulemaking docket.




Letter ID: 0298 

Commenter: Kyle Isakower 

Organization: American Petroleum Institute 

Letter ID: 0298 Comment ID: 29317 Letter Lines: 25 to 81 

Comment Code: 1000 1. General and Administrative Comments 

Comment: The organizations identified below request that the Environmental Protection 

Agency (EPA) extend from November 24, 2008 to December 19,2008 the public 

comment period on the proposed rule for geologic sequestration of carbon dioxide 

under the Safe Drinking Water Act (SDWA). "Federal Requirements Under the 

Underground Injection Control (UIC) Program for Carbon Dioxide (C02) Geologic 

Sequestration (GS) Wells", 73 Fed. Reg. 43491-541 July 25, 2008). The 

organizations supporting this request represent a broad array of interests in 

the issues associated with this rulemaking and many of us have been discussing 

these interests and issues in an effort to reach consensus or at least narrow 

our differences. We request this extension so we can continue efforts toward 

submission of recommendations reflecting common views on a number of the major 

issues in this rulemaking on which EPA expressly requested comment and several 

other issues that have arisen during our dialogue on this rulemaking. 

Initially facilitated by EPA's technical workshops to develop understanding and 

helpful public meetings to discuss EPA's rulemaking approach, our discussions 

have been enhanced by the efforts of the Ground Water Protection Council, the 

Interstate Oil and Gas Compact Commission and the World Resources Institute, in 

which many of our organizations have participated. They have been further 

informed by the ongoing research efforts of the Regional Carbon Sequestration 

Partnerships under the support of the Department of Energy and a number of other 

research activities and meetings conducted by academic and other institutions 

actively involved in technical research and information exchanges on the issues 

underlying this rulemaking, in which representatives or members of our 

organizations have participated. As a result of EPA's proposal, dialogue on 

these issues has expanded, become more focused and achieved substantial progress 

in reaching agreement on a number of issues that should better inform EPA's 

development of its final rule. 

We have already agreed that EPA's proposal provides a solid foundation on which 

to develop the regulatory framework for geologic sequestration on issues within 

the purview of the SDWA and that development of this rule should proceed with 

EPA's proposal as the starting point. The issues on which we believe additional 

time would be helpful to development of common views or understanding include: 

- The establishment of injection pressure limitations for geologic sequestration 

injection wells; 

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- How various types of target formations should be addressed within the underground 

injection control (UIC) program, including requirements for geologic sequestration 

in oil and gas reservoirs; 

- The process and criteria for achieving closure of geologic sequestration projects; 

- Consideration of current and potential future source waters in areas with constrained 

water resources; and 

- Addressing issues relating to public water systems in proximity to geologic 

sequestration projects. 

We believe that the requested limited extension of the public comment period 

will allow time for continuation of diligent efforts to reach consolidation of 

shared understanding on these issues and possibly submission of recommendations 

reflecting that understanding and significant agreement on how these issues can 

be addressed and resolved. The undersigned submit this request on behalf of the 

listed organizations that have authorized submission of their names as 

supporters of this request. 

Individual Response: Robert F. Van Voorhees 

Partner, Environmental Group 

Bryan Cave LLP 

700 Thirteenth Street, N.W. 

Suite 700 

Washington, D.C. 20005-3960 

Dear Mr. Van Voorhees: 

Thank you for your letter of November 17,2008 to Stephen L. Johnson, 

Administrator of the U.S. Environmental Protection Agency (EPA), transmitting a 

request from multiple organizations seeking an extension on EPA's proposed rule for 

geologic sequestration under the Safe Drinking Water Act (SDWA). I have been asked 

to respond to your letter. 

In response to your request, Assistant Administrator Benjamin Grumbles 

extended the comment period for the notice through December 24,2008. This was 

announced in a Federal Register notice on November 21,2008. 

We are pleased to see that the signatory organizations to the letter are working 

together to understand each other's perspective and work through issues of concern. We 

hope that the additional time afforded by the extension will result in comments that will 

help the Agency develop a rule that will allow the technology to move forward while also 

ensuring protection of underground sources of drinking water. 

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Thank you again for your letter. Please share this information with the supporters 

of the request. If you have any questions, please contact me or Steve Heare, Director of 

the Drinking Water Protection Division, at 202-564-3751. 

Sincerely, 

Cynthia C. Dougherty, Director 

Office of Ground Water and Drinking Water