UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 


WASHINGTON, D.C. 20460 


April 4, 2008 

OFFICE OF 

WATER 

Dear Tribal Leaders and Representatives: 

The purpose oflhis letter is to provide you with infonnation about the U.S. Environmental 

Protection Agency's development of a proposed regulation to protect Wlderground sources of 

drinking water (USDWs) from any potential endangerment from the geologic sequestration (as) 

of carbon dioxide (C02). as is the process ofinjecting CO2 captured from an emission source 

(e.g., a power plant) into deep subsurface rock fonnations for long-term storage. It is one ofa 

portfolio of options that could be effective in reducing C(h emissions to the atmosphere, thereby 

mitigating climate change. We anticipate publishing the rule proposal in the summer 0[2008 

and a final rule in 2010 or 2011. 

In addition to seeking broad stakeholder involvement as we have during two public stakeholder 

workshops held this past winter, we will respect the govemment·to·govemment relationship 

between EPA and tribes, EPA's trust responsibility, the 1984 Indian Policy, and Executive Order 

13175 on tribal consultation throughout the process. We therefore are taking this opportunity to 

offer you several different avenues through which to engage in dialogue with us. 

We invite you to join us in an exclusive conference call with tribal governments on Thursday, 

April 24, 2008, from 2·4 pm, Eastern time. The call-in number is 1-866-299·3188 and the access 

code is 2025643887. During this call, we will provide an overview of the specific provisions of 

the proposed rule, discuss subsequent related actions, and listen to and address questions from 

call participants. Attached to this letter is some background infonnation that you may wish to 

review before the call. 

There will also be a fonnal public comment period following the publication ofthe proposed rule 

in the summer of2008. We welcome tribal input, so we invite you to take the opportunity to 

submit any comments you have during the comment period. 

In addition to these specific upcoming opportunities, we invite you to share your input with us at 

any time during the rulemaking process. Please contact me at (202) 564-4688 or 

codrington.ann@epa.gov with questions or comments or to request an individual meeting with 

EPA's Office of Water. Your input is important to us and J assure you that your comments will 

receive consideration by EPA senior managers and staff. 

Intemet AddrEtS9 (UAL) • httpJIwww,epa.go~ 

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Your participation and feedback on this ruiemaking will help us to protect underground sources 

ofdrinking water and to facilitate successful deployment ofGS as a new climate change 

mitigation technology. We look forward to productive dialogue with you. 

Sincerely, 

1.;U~t( I~ Ctrho t4fl 1l 

Ann Codrington, Chief 

Prevention Branch 

Drinking Water Protection Division 

Attachment 
Attachment: 


Overview of Proposed EPA Rulemaking: Minimum Federal Requirements for 


Underground Injection Wells for the Geologic Sequestration (GS) of Carbon 


Dioxide (CO,) 


The U.S. Environmental Protection Agency is developing proposed minimum federal 

regulations to protect underground sources of drinking water from underground injection 

of carbon dioxide (C02) for the purpose of geologic sequestration (GS). The proposed 

regulations are scheduled to be published in the summer of2008, followed by a fOlTI1al 

public comment period. 

What is Geologic Sequestration (GS) of CO,? 

GS is the process of injecting C02 captured from an emission source (e.g., a power plant) 

into deep subsurface rock formations for long-term storage. It is one of a portfolio of 

options that could be effective in reducing CO2emissions to the atmosphere and 

mitigating climate change. 

To inject captured CO2 for GS, operators compress CO2to convert· it from a gaseous state 

to a supercritical state. The supercritical CO2 is denser than a gas and takes up less space, 

enabling greater volumes ofCO2to be stored in the target formation. After capture and 

compression, the CO2 is delivered from the source to the sequestration site, either by 

pipeline, tanker trucks, or ship. The CO2is then injected into deep subsurface rock 

formations via a well, using technologies that have been developed and refined by the oil 

and gas and manufacturing industries over the past several decades. Once injected, C02 

is sequestered by a combination of well-understood trapping mechanisms, including 

physical and geochemical processes. 

More general information about geologic sequestration ofCO2 is available at: 

EPA's Climate Change website: 

http://www.epa.gov/climatechange/emissions/c02geosequest.html 

Intergovernmental Panel on Climate Change's Special Report on Carbon Dioxide 

Capture and Storage: http://www.ipcc.ch/ipccreports/srccs.htm 

GS Research 

The U.S. Department of Energy (DOE) is the lead federal agency for GS technology 

research and development. DOE's Regional Carbon Sequestratiqn Partnerships are 

conducting demonstration projects to gather data on the effectiveness and safety ofGS. 

These Regional Partnerships will implement many small and large-scale field tests of 

carbon dioxide injection throughout the country in a variety of geologic settings. DOE 

anticipates deployment of full-scale GS demonstration projects in the U.S. between 2008 

and 2017. 

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In March, 2007, EPA published Underground Injection Control (VIC) Program guidance 

#83, Class V Experimental Technology Well Classification for Pilot Geologic 

Sequestration Projects to assist with pennitting for ongoing experimental projects. 

EPA's proposed rule will specifically address pennitting for full-scale commercial GS 

facilities. EPA is reviewing available data on existing DOE demonstration projects, as 

well as infonnation from other domestic and international research projects to infonn 

EPA's rule development. 

More infonnation on GS research and technology is available at: 

http://www.netl.doe.gov/technologics/carbonseq/index.html 

GS Rulemaking 

Under the Safc Drinking Water Act (SDW A), EPA develops minimum requirements for 

state, tribal, and territorial UIC programs. States, tribes, and territories may seek primacy 

to administer UIC programs on their lands, or EPA may administer them. These 

requirements must be at least as stringent as the federal requirements (and may be more 

stringent). Currently, 33 states and three territories have full primacy and seven 

additional states have partial primacy for UIC programs. While no tribes currently have 

primacy for UIC programs, some tribes are in the application process. . 

EPA has detennined that GS ofCO2 through well injection meets the definition of 

"underground injection" in section 1421 (d)(I) of the SDWA. The Energy Independence 

and Security Act (H.R. 6), signed into law by President Bush on December 19,2007 

explicitly states that GS is subject to the requirements ofSDWA, including the provisions 

that relate to the protection of underground sources of drinking water (USDWs) through 

the UIC Program. National minimum requirements for GS wells under the UIC program 

will promote consistent approaches to permitting GS operations across the U.S. 

SDWA provides EPA with authority to protect USDWs. SDWA does not provide 

authority under the VIC provision in several areas related to GS. These include capture 

and transport ofCO2, licensing of the GS site and reservoir, ownership of the pore space, 

and certification for greenhouse gas reductions. EPA's Office of Water is working with 

EPA's Office of Air and Radiation as well as other federal agencies including the 

Department of Energy, Department ofTransportation, and Bureau of Land Management 

to investigate these issues. Additionally, future Congressional action may address related 

questions. 

EPA's past experience is that working closely with stakeholders and experts helps 

facilitate the development of well-designed regulatory approaches. This past winter, 

EPA held two public meetings that focused on the potential regulatory framework for 

geologic sequestration. Each meeting was attended by 200-250 stakeholders representing 

government, research institutions, industry, public interest groups, law finns, and the 

general pUblic. Additionally, over the past several years EPA has held technical 

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workshops with researchers and stakeholders to discuss technical considerations for 

establishing a as framework. 

EPA's UlC Program has been protecting USDWs from underground injection activities 

for over 30 years. Annually, bil1ions ofgallons of fluids are injected underground 

through wells authorized under State and Federal VIC Programs. This includes 

approximately 35 million tons ofcarbon dioxide that are injected for the purposes of 

enhancing oil and gas recovery. EPA's proposed regulations will build on the UIC 

Program's many years of experience in safely injecting fluids, including carbon dioxide, 

into the subsurface. 

The proposed rulemaking will amend existing UIC programmatic requirements currently 

used for siting, construction, operation, monitoring and testing, and closure of injection 

wells. Key components of the proposed regulation will include requirements related to: 

(1) geologic site characterization to ensure that wells are sited in suitable areas to limit 

the potential for migration ofinjected and fOlmation fluids into an underground source of 

drinking water; (2) well construction and well operation to ensure that the wells are 

properly constructed and managed; (3) well integrity testing and monitoring to ensure 

that the wells pcrfonn as designed; and, (4) well closure, post-closure care and financial 

responsibility to ensure proper plugging and abandonment of the injection well. The 

proposal will discuss long-tenn liability and seek further comment on this issue as part of 

the proposed rulemaking. The proposal will also include public participation 

requirements that would be associated with issuance of penn its. Costs of carrying out 

regulations for geologic sequestration programs will be assessed as part of the cost 

analysis for the rulemaking. 

More infonnation on GS rule development is on the EPA's Underground Injection 

Control Program Web site: http://www.epa.gov/safewater/uic/we llssequestration.html 

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