The EPA is proposing to add to 40 CFR Parts 260 and 261to allow certain CO2 emissions to be excluded as a hazardous waste stream.

The EPA is proposing to revise the regulations for hazardous waste management under the Resource Conservation and Recovery Act (RCRA) to conditionally exclude CO2 streams that are hazardous from the definition of hazardous waste, provided these hazardous CO2 streams are captured from emission sources, are injected into Class VI Underground Injection Control (UIC) wells for purposes of geologic sequestration (GS), and meet certain other conditions. The EPA is taking this action because the agency believes that the management of these CO2 streams under the proposed conditions does not present a substantial risk to human health or the environment, and therefore additional regulation pursuant to RCRA's hazardous waste regulations is unnecessary. The EPA expects that this amendment will substantially reduce the uncertainty associated with identifying these CO2 streams under RCRA subtitle C, and will also facilitate the deployment of GS by providing additional regulatory certainty.

Comments must be received on or before Oct. 7, 2011. Read the entire release in the Federal Register by clicking on this link.