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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Nov 2 6 2008 

COMMONWEALTH of VIRGINIA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Street address: 629 East Main Street, Richmond, Virginia 23219 

t, . Preston Bryant,lr . Mailing address: P.O . Box 1 105, Richmond, Virginia 23218 David K. paylor 

Secretary of Natural Resources TDD (804) 698-4021 Director 

www.deq.virginia .gov (804) 698-4000 

November 20, 2008 

Water Docket 

Environmental Protection Agency 

Mailcode: 2822T 

1200 Pennsylvania Ave., NW 

Washington, DC 20460 

EPA docket identification number: EPA-HQ-OW-2008-0390 

1-800-592-5482 

Thank you for the opportunity to provide comments on the proposed Underground 

Injection Control program regulations for carbon dioxide geologic sequestration wells. The 

Virginia Department of Environmental Quality (DEQ) supports the establishment of a new class 

of wells specifically for the purpose of sequestering carbon dioxide. The pilot projects will 

provide additional information to strengthen the technical criteria associated with the long-term 

storage of carbon dioxide. DEQ encourages the Environmental Protection Agency to postpone 

adoption of the Class VI regulations until all of the Phase 11 and Phase III pilot projects have 

been completed. Time taken to organize and thoroughly analyze information from these 

completed pilot projects should ensure final regulations that are protective of our natural 

resources. 

Very truly yours, 

Ellen Gilinsky, Ph.D. 

Director, Water Division 

NOV 2 12008 
Letter ID: 0157 

Commenter: Ellen Gilinsky 

Organization: Virginia Department of Environmental Quality (DEQ) 

Letter ID: 0157 Comment ID: 21263 Letter Lines: 42 to 44 

Comment Code: 2020 1.5.1 Support Class VI designation 

Comment: wells. The Virginia Department of Environmental Quality (DEQ) supports the 

establishment of a new class ofwells specifically for the purpose of sequestering 

carbon dioxide. The pilot projects will provide additional information to 

Individual Response: EPA acknowledges the comment and agrees that tailored requirements for 

Class VI wells are necessary to address the unique nature of injecting large volumes of CO2 and 

to ensure that USDWs are protected from endangerment. The Class VI requirements are 

appropriate because of the unique nature and risks of CO2 injection for long-term storage (e.g., 

large injection volumes, long project duration, and reservoir pressure conditions). The GS rule 

contains tailored requirements for the permitting, geologic site characterization, AoR and 

corrective action, well construction, operation, mechanical integrity testing, monitoring, well 

plugging, post-injection site care, and site closure of GS wells that directly address issues unique 

to the nature of large-scale CO2 injection for GS. 

Letter ID: 0157 Comment ID: 21264 Letter Lines: 44 to 50 

Comment Code: 1510 1.2.2.3 Need for additional study 

Comment Code: 1854 1.4.2.2 Other Pilot Projects 

Comment: carbon dioxide. The pilot projects will provide additional information to 

strengthen the technical criteria associated with the long-term storage of 

carbon dioxide. DEQ encourages the Environmental Protection Agency to postpone 

adoption of the Class VI regulations until all of the Phase II and Phase III pilot 

projects have been completed. Time taken to organize and thoroughly analyze 

information from these completed pilot projects should ensure final regulations 

that are protective of our natural resources. 

Individual Response: EPA believes that sufficient data and experience currently exist to 

develop regulations for GS wells. The GS rulemaking builds upon decades of knowledge about 

safe injection practices regulated by the UIC Program. While developing the GS regulation, EPA 

has evaluated relevant GS research, including projects conducted by the seven Regional Carbon 

Sequestration Partnerships (RCSPs) funded by DOE and coordinated through the National 

Energy Technology Laboratory (NETL), and several international projects. 

EPA acknowledges that, because all GS in the United States is currently associated with pilot 

projects, there are many unknowns about how GS projects will unfold and the practicalities of 

permitting, operating, monitoring, and closing a GS project. Therefore, EPA is using an adaptive 

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approach to regulating GS. EPA will collect and review project data on early GS projects to 

determine whether the appropriate amount and types of information and appropriate 

documentation are required and being collected and determine if modifications to the 

requirements are necessary. 

EPA agrees that continued research will be integral to the development of GS technology, but 

disagrees that the Agency should wait for the DOE pilot studies to be complete before finalizing 

the GS rule. EPA believes that establishing a regulatory framework for the future development 

and deployment of CCS technology protects USDWs from endangerment and will not impede 

industry adoption of CCS. EPA published a Notice of Data Availability and Request for 

Comment (NODA) on August 31, 2009 (74 FR 44802), in which the Agency described the 

results of research at three DOE partnership sites (in Escatawpa, Mississippi; the Aneth Field in 

Paradox Basin, southeast Utah; and the Pump Canyon Site, New Mexico). EPA has used the data 

generated to inform the final rule and will continue to monitor ongoing research.