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.
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March 30th, 2009

Cynthia C. Dougherty

Director, Office of Ground Water and Drinking Water

U. S. Environmental Protection Agency

1200 Pennsylvania Ave., NW.

Washington, DC 20460

Re: Proposed Rule for Geologic Sequestration of Carbon Dioxide

Docket ID No. EPA–HQ–OW–2008–0390

Dear Director Dougherty:

On March 29th, Clean Air Task Force (CATF), along with Environmental Defense Fund, 

wrote you a joint letter regarding the inclusion of language for comment in the NODA, 

which pertains to regulating the type of oilfield projects that pose higher risks to the 

environment. In addition to issues indentified in that letter, CATF is writing to you 

separately on the issue of Clean Air Act authority over geologic sequestration, which we 

noted in our letter to you dated on March17th as well as in our joint comments on the 

proposed GS rule that were submitted by CATF et. al. on December 24th. 

The preamble to the proposed GS rule states “EPA is not proposing regulations for 

CO2 under the Clean Air Act (CAA) in this proposed rulemaking”. As noted in our 

previous letter and comments, it is clear the Clean Air Act provides authority to regulate 

the geologic sequestration of CO2. Therefore CATF urges EPA to reconsider the

position stated in the preamble and propose for comment, as part of the contemplated 

NODA, the inclusion of GS regulations under the Clean Air Act in the proposed 

rulemaking.

Sincerely,

Kurt Waltzer

CCS Development Coordinator

Clean Air Task Force
Letter ID: 0292 

Commenter: Kurt Waltzer 

Organization: Clean Air Task Force 

Letter ID: 0292 Comment ID: 25277 Letter Lines: 37 to 43 

Comment Code: 1290 1.1.2.2 Comments that EPA should regulate CO2 as a pollutant 

Comment Code: 1400 1.2 Comments on EPA's Authority to Regulate Injection of CO2 

Comment: The preamble to the proposed GS rule states "EPA is not proposing regulations for 

CO2 under the Clean Air Act (CAA) in this proposed rulemaking". As noted in our 

previous letter and comments, it is clear the Clean Air Act provides authority to regulate 

the geologic sequestration of CO2. Therefore CATF urges EPA to reconsider the 

position stated in the preamble and propose for comment, as part of the contemplated 

NODA, the inclusion of GS regulations under the Clean Air Act in the proposed 

rulemaking. 

Individual Response: EPA clarifies that the scope of the GS regulation is limited to injection of 

CO2, and that all requirements in the GS rule are designed for the purpose of protecting USDWs 

from endangerment. Consequently, this comment is outside the scope of this rulemaking. The 

SDWA does not provide the UIC Program with the authority to develop regulations for all areas 

related to GS, such as releases to the atmosphere. 

EPA acknowledges that GS falls within the broader context of CCS and the need for regulatory 

clarity to ensure that USDWs are protected from endangerment. In developing the final GS rule, 

the Office of Water coordinated with other Agency program offices and across federal agencies 

(e.g., with the Department of Energy; United States Geological Survey; Bureau of Ocean Energy 

Management, Regulation, and Enforcement, formerly the Minerals Management Service; Bureau 

of Land Management). The Agency continues to evaluate areas of potential applicability of other 

Federal environmental statutes including, but not limited to: the Clean Air Act; the Resource 

Conservation and Recovery Act; the Comprehensive Environmental Response, Compensation, 

and Liability Act; and the Marine Protection, Research and Sanctuaries Act to various aspects of 

GS and CCS. The Agency will continue to coordinate on GS and CCS related issues to minimize 

redundancy and maximize efficiencies for owners or operators. For additional information, 

please see the discussion entitled "How Does This Rulemaking Relate to Other Federal 

Authorities and GS and CCS Activities?" in the preamble to the final GS rule. 

In a separate rulemaking under authority of the Clean Air Act, EPA is amending the Greenhouse 

Gas (GHG) Reporting Program at 40 CFR Part 98 to add reporting requirements for facilities 

that conduct GS (subpart RR) and all other facilities that inject CO2 underground (subpart UU). 

For additional information, see the section of the final GS rule preamble entitled, "How Does 

Mandatory Reporting of Greenhouse Gases (GHGs) Relate to This Rulemaking?” and the GHG 

Reporting Program rulemaking and docket. 

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