EPA’s Proposal to Grant Class VI Primacy to Louisiana – Availability of Application Documents

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On May 4, 2023, the US Environmental Protection Agency (EPA) published its proposal to approve revision of Louisiana’s Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program to add Class VI injection well primary enforcement responsibility (primacy) for Class VI injection wells. 88 Federal Register 28,450 (May 4, 2023). The proposed rule would allow the Louisiana Department of Natural Resources (LDNR) to issue UIC permits for geologic carbon sequestration facilities as Class VI wells located in the state, except for Class VI wells proposed to be located on Indian Lands. Primacy for any Class VI wells proposed to be located on Indian Lands would remain with the EPA.