On November 22, 2010, the U.S. EPA issued a final rule regarding capturing and sequestering carbon dioxide and other greenhouse gases below ground using underground injection control (UIC) wells. The rule, which was promulgated under the Safe Drinking Water Act, is designed to protect drinking water sources from potential deleterious effects of the injection and storage of greenhouse gas emissions underground at power plants and large industrial sources (so-called geologic sequestration). Geologic sequestration is one potential control that may be considered for new sources or significantly modified existing sources of greenhouse gases.

The rule establishes a new class of UIC well (Class VI wells). The rule includes siting, construction, testing, modeling, operation and closure requirements for UIC Class VI wells.

Information on the final rule can be found here. We previously prepared an analysis of the proposed geologic sequestration rule, which can be found here.