Louisiana Underground Injection Control Program Class VI Primacy Proposed Rule
May 2023
Under the Safe Drinking Water Act (SDWA), Underground Injection Control (UIC) Class VI programs ensure that when carbon dioxide is stored underground to reduce greenhouse gases and mitigate climate change, underground sources of drinking water are protected. States and EPA ensure that these activities are permitted to protect underground drinking water and consider potential impacts to nearby communities. With this proposed rule, EPA is asking for public input on the Agency’s intent to approve the State of Louisiana’s request to have primary responsibility (primacy) for implementing and enforcing the state’s UIC Class VI program.
Application Process
On September 17, 2021, Louisiana submitted to EPA an application to add Class VI injection wells to the state’s existing UIC program. Under the SDWA, EPA is required to review primacy applications to determine whether the applicant’s proposed program meets stringent federal regulations and to evaluate the effectiveness of the
proposed program.
EPA conducted a comprehensive review of the state’s application. The Agency is proposing to approve Louisiana’s application because EPA has determined, subject to public comment, that the application meets all applicable requirements for approval. Upon approval, the State of Louisiana would be the permitting authority for Class VI UIC wells. EPA would oversee Louisiana’s administration of the SDWA Class VI program and will continue to oversee Louisiana’s administration of the programs for SDWA Class I, II, III, IV, and V wells.
Environmental Justice Considerations
EPA is committed to advancing environmental justice for overburdened communities in all its programs, including the Class VI UIC program. That’s why, on December 9, 2022 and January 11, 2023, EPA Administrator Regan sent letters to governors and Tribal leaders calling for partnership to advance the twin goals of combatting climate change and supporting environmental justice goals. As part of developing this proposal, EPA worked with the State of Louisiana to adopt the environmental justice approaches encouraged in the letter, which Louisiana has incorporated into their primacy application, including enhanced community engagement and evaluation of project impacts on overburdened communities. EPA also follows guidance from the Council on Environmental Quality to ensure that the advancement of carbon capture, utilization, and sequestration technologies are done in a responsible manner that incorporates the input of communities and reflects the best available science.
Class VI Wells Under the UIC Program
Class VI wells are used to inject CO2 into deep rock formations for the purpose of long-term underground storage, also known as geologic sequestration. Geologic sequestration, when used as a part of carbon capture and storage and carbon dioxide removal projects, is a promising tool for reducing the amount of carbon dioxide in the atmosphere. Class VI injection wells are regulated under an existing, rigorous Safe Drinking Water Act (SDWA) permitting framework that protects underground sources of drinking water.
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