EPA Opens Public Comment on Proposal Granting Louisiana Primacy for Carbon Sequestration and Protection of Drinking Water Sources

DALLAS, TEXAS – (April 28, 2023) Today, the U.S. Environmental Protection Agency (EPA) opened public comment on a proposal to grant the State of Louisiana’s request for primary responsibility – or primacy – of Class VI wells under the Underground Injection Control (UIC) Program, which regulates the injection of carbon dioxide (CO2) into deep rock formation. Class VI injection wells—when used as a part of carbon capture and storage and carbon dioxide removal projects—are a critical tool for cutting carbon emissions and combatting the climate crisis.

Under the Safe Drinking Water Act, EPA has developed specific criteria to ensure that when carbon dioxide is stored underground to reduce greenhouse gases and confront climate change, underground sources of drinking water are protected. EPA’s proposal 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.

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“EPA is moving with urgency to combat the climate crisis, and this proposal would help leverage critical technologies to cut harmful climate pollution that jeopardizes people’s health and safety,” said EPA Region 6 Administrator Earthea Nance. “As an agency that is advancing environmental justice, EPA listened to the community voices in the region and worked extensively with the state of Louisiana to ensure its primacy application reflected essential environmental justice and equity considerations. As we work to finalize this proposal, EPA will seek and consider public feedback and continue to prioritize protections for our most vulnerable communities while ensuring they have a meaningful seat at the table.”

EPA is committed to advancing environmental justice for marginalized and overburdened communities, an essential part of the agency’s mission to protect public health and the environment. In a letter to governors and Tribal leaders in December of 2022, Administrator Michael S. Regan called for partnership to combat climate change while ensuring protections for underserved and overburdened communities. As part of this effort, EPA worked with the State of Louisiana to strengthen practices that protect the state’s vulnerable communities. Louisiana Department of Natural Resources’ application for primacy of the Class VI UIC program reflects these critical considerations, integrating environmental justice and equity considerations into their permitting process, including enhanced community engagement and evaluation of project impacts on overburdened communities.

After conducting a comprehensive technical and legal review, EPA determined that the State of Louisiana’s Class VI UIC program meets all requirements for approval and the state will implement and enforce a Class VI UIC program consistent with the Safe Drinking Water Act. EPA is requesting public comments on the Agency’s proposed decision within 60 days after date of publication in the Federal Register.

EPA will hold an in-person public hearing on June 15, 2023, in Baton Rouge, LA. To sign up for the hearing and learn more information please visit: https://www.epa.gov/uic/underground-injection-control-epa-region-6-ar-la-nm-ok-and-tx. In addition to the public hearing, EPA requests that comments be sent via the Federal Register, docket number EPA-HQ-OW-2023-0073. For more information: https://www.epa.gov/uic/primary-enforcement-authority-underground-injection-control-program-0.

Background

UIC Class VI injection wells are used to store underground carbon dioxide that has been captured from an emissions source or the atmosphere. Class VI injection wells—when used as a part of carbon capture and storage (CCS) and carbon dioxide removal (CDR) projects—are a critical tool for reducing carbon emissions to meet mid-century climate goals. CO2 is injected through specially constructed wells that deposit and store material deep beneath the earth in rock formations. These formations must be tested and evaluated to ensure that geologic formations are suitable for the safe containment of CO2 for long-term storage. This technology will provide well-paying jobs and can be implemented in an environmentally responsible way.

EPA has, under the Safe Drinking Water Act, developed stringent federal requirements for injecting CO2 that protect public health by ensuring injection wells do not contaminate underground sources of drinking water (USDWs). These UIC regulations mandate using a variety of measures to assure that injection activities will not endanger USDWs. 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.