Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Rules and Regulations 703 

and contractor-operated facilities 

engaged in USPS mail operations; 

private sector employers within the 

secured borders of all United States 

military installations where access is 

controlled; private sector employers 

within the borders of Federal enclaves, 

including property where the Federal 

government reserved jurisdiction when 

the State of California entered the Union 

and where Federal properties were 

acquired from the State of California 

with the consent of the State legislature; 

private sector employers and Native 

American-owned or tribal workplaces 

within the borders of all U.S. 

Government recognized Native 

American Reservations or on lands held 

in Trust for the various tribes in 

California; and maritime employment 

(except marine construction, which the 

State covers on bridges, and on shore) 

on the navigable waters of the United 

States. Federal responsibility will also 

continue to be exercised with regard to 

investigation and inspection for the 

purpose of carrying out the monitoring 

obligations under Section 18(f) of the 

OSH Act, 29 U.S.C. 667(f), as 

implemented by 29 CFR part 1954, and 

the enforcement of complaints filed 

with Federal OSHA under the OSH 

Act’s whistleblower provision, Section 

11(c), 29 U.S.C. 660(c). For further 

information please visit https://

www.osha.gov/stateplans/ca. 

Authority and Signature 

Douglas L. Parker, Assistant Secretary 

of Labor for Occupational Safety and 

Health, U.S. Department of Labor, 200 

Constitution Avenue NW, Washington, 

DC 20210, authorized the preparation of 

this notice. OSHA is issuing this 

notification under the authority 

specified by Section 18 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 667), Secretary of 

Labor’s Order No. 8–2020 (85 FR 58393 

(Sept. 18, 2020)), and 29 CFR parts 1902 

and 1953. 

Signed in Washington, DC. 

Douglas L. Parker, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2024–00047 Filed 1–4–24; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 147 

[EPA–HQ–OW–2023–0073; FRL 9916–02– 

OW] 

State of Louisiana Underground 

Injection Control Program; Class VI 

Primacy 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency is approving an application 

from the state of Louisiana to revise the 

state’s Safe Drinking Water Act (SDWA) 

section 1422 underground injection 

control (UIC) program to include Class 

VI injection well primary enforcement 

responsibility (primacy). This final rule 

allows the Louisiana Department of 

Natural Resources to issue UIC permits 

for geologic carbon sequestration 

facilities as Class VI wells and ensure 

compliance of Class VI wells under the 

UIC program within the state. The EPA 

will remain the permitting authority for 

all well classes in Indian lands within 

the state and will also oversee 

Louisiana’s administration of the state’s 

UIC Class VI program as authorized 

under SDWA. 

DATES: This final rule is effective on 

February 5, 2024. The Director of the 

Federal Register approved this 

incorporation by reference in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51 on February 5, 2024. For 

judicial purposes, this final rule is 

promulgated as of January 5, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OW–2023–0073. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by law. Certain 

other material, such as copyrighted 

material, is not placed on the internet 

and will be publicly available only in 

hard copy form. Publicly available 

docket materials are available 

electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Suzanne Kelly, Drinking Water 

Infrastructure Development Division, 

Office of Ground Water and Drinking 

Water (4606M), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460; 

telephone number: (202) 564–3887; or 

Lisa Pham, U.S. EPA Region 6, 

Groundwater/UIC Section (Mail code 

WDDG), 1201 Elm Street, Suite 500, 

Dallas, Texas 75720–2102; telephone 

number: (214) 665–8326. Both can be 

reached by emailing: LAClassVINOA@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

A. UIC Program and Primary Enforcement 

Authority (Primacy) 

B. Class VI Wells Under the UIC Program 

C. Louisiana UIC Programs 

D. Final Rule 

II. Legal Authorities 

III. Louisiana’s Application for Class VI 

Primacy 

A. Background 

B. Public Participation Activities 

Conducted by Louisiana 

C. Environmental Justice (EJ) in Class VI 

Permitting 

D. Summary of the EPA’s Comprehensive 

Evaluation 

E. Public Participation Activities 

Conducted by the EPA 

IV. Public Comments and the EPA’s 

Responses 

A. Public Comments 

B. The EPA’s Response to Comments 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations; Executive Order 14096: 

Revitalizing Our Nation’s Commitment 

to Environmental Justice for All 

K. Congressional Review Act (CRA) 

VII. References 

I. Introduction 

A. UIC Program and Primary 

Enforcement Authority (Primacy) 

The Safe Drinking Water Act (also 

known as SDWA), 42 U.S.C. 300h–1, 

was passed by Congress in 1974. It 

protects public health by regulating the 

nation’s public drinking water supply, 

including both surface and groundwater 


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sources. The SDWA requires the EPA to 

develop requirements for state and 

Tribal Underground Injection Control 

programs. These programs regulate the 

injection of fluids (such as water, 

wastewater, brines from oil and gas 

production, and carbon dioxide) to 

protect underground sources of drinking 

water. USDWs are aquifers or parts of 

aquifers that supply a public water 

system or contain enough groundwater 

to supply a public water system. See 40 

CFR 144.3. 

The UIC program regulates various 

aspects of an injection well project. 

These include technical aspects 

throughout the lifetime of the project 

from site characterization, construction, 

operation, and testing and monitoring 

through site closure, as well as 

permitting, site inspections, and 

reporting to ensure well owners and 

operators comply with UIC regulations. 

SDWA section 1422 directs the EPA 

to establish requirements that states, 

territories, and federally recognized 

Tribes (hereafter referred to as 

applicants) must meet to be granted 

primary enforcement responsibility or 

‘‘primacy’’ for implementing a UIC 

program, including a Class VI program. 

An applicant seeking primacy under 

SDWA section 1422 for a Class VI 

program must demonstrate to the EPA 

that the applicant’s Class VI program 

meets federal requirements to protect 

USDWs, including jurisdiction over 

underground injection and provisions 

for the necessary civil and criminal 

enforcement remedies under SDWA. 

The EPA conducts a comprehensive 

technical and legal evaluation of each 

primacy application to assess and 

confirm that the proposed program 

meets the federal regulatory 

requirements and to evaluate the 

effectiveness of the state’s proposed 

program at protecting USDWs. 

Louisiana’s application included the 

following elements: Louisiana’s Class 

VI-related UIC statutes and regulations; 

documents describing Louisiana’s 

public participation process when 

adopting its proposed Class VI program; 

a letter from the Governor of Louisiana 

requesting Class VI primacy; a Program 

Description that explains how the state 

intends to carry out its responsibilities; 

a state Attorney General’s Class VI 

statement of enforcement authority; and 

an addendum to the existing 

Memorandum of Agreement between 

the EPA and Louisiana describing the 

administration, implementation, and 

enforcement of the Louisiana’s Class VI 

program. 

B. Class VI Wells Under the UIC 

Program 

Class VI wells are used to inject 

carbon dioxide 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 (such as 

projects that remove carbon dioxide 

from the atmosphere), is a promising 

tool for reducing the amount of carbon 

dioxide in the atmosphere. Class VI 

injection wells are regulated under an 

existing, rigorous SDWA permitting 

framework that protects USDWs. 

The UIC Class VI program provides 

multiple safeguards that work together 

to protect USDWs and human health. 

Owners or operators that wish to inject 

carbon dioxide for the purpose of 

geologic sequestration must demonstrate 

that their injection well will meet all 

regulatory requirements and receive a 

Class VI permit for each well. The UIC 

Class VI program requires applicants to 

meet strict technical, financial, and 

reporting and record keeping 

requirements to obtain a Class VI 

permit, including: 

• Site characterization to ensure the 

geology in the project area will contain 

the carbon dioxide within the zone 

where it will be injected. 

• Modeling to delineate the predicted 

area influenced by injection activities 

through the lifetime of operation. 

• Evaluation of the delineated area to 

ensure all potential pathways for fluid 

movement have been identified and 

addressed through corrective action. 

• Well construction requirements that 

ensure the Class VI injection well will 

not leak carbon dioxide. 

• Testing and monitoring throughout 

the life of the project, including after 

carbon dioxide injection has ended. 

Requirements include, for example, 

testing to ensure physical integrity of 

the well, monitoring for seismic activity 

near the injection site, monitoring of 

injection pressure and flow, chemical 

analysis of the carbon dioxide stream 

that is being injected, and monitoring 

the extent of the injected carbon dioxide 

plume and the surrounding area (e.g., 

ground water) to ensure the carbon 

dioxide is contained as predicted. 

• Operating requirements (e.g., 

injection pressure monitoring and 

mechanical integrity testing 

requirements) to ensure the injection 

activity will not endanger USDWs or 

human health. 

• Financial assurance mechanisms 

sufficient to cover the cost for all phases 

of the geologic sequestration project 

including the post injection site care 

period until site closure has been 

approved by the permitting authority. 

• Emergency and remedial response 

plans. 

• Reporting of all testing and 

monitoring results to the permitting 

authority to ensure the well is operating 

in compliance with all permit and 

regulatory requirements. 

The permitting authority ensures that 

these protective requirements are 

included and implemented for each 

Class VI permit. A draft of each Class VI 

permit must be made available to the 

public for comment before a final permit 

is issued. 

C. Louisiana UIC Programs 

The state of Louisiana received 

primacy for Class I, III, IV, and V 

injection wells under SDWA section 

1422, and Class II injection wells under 

SDWA section 1425 on March 23, 1982. 

On September 17, 2021, Louisiana 

applied to the EPA under section 1422 

of SDWA for primacy for Class VI 

injection wells located within the state, 

except those located on Indian lands. 

On December 9, 2022, and January 11, 

2023, the EPA Administrator Michael S. 

Regan sent letters to governors and 

Tribal leaders calling for partnership to 

advance the twin goals of combatting 

climate change and supporting 

environmental justice. In the letters, the 

EPA encouraged states and Tribes 

seeking primacy to incorporate EJ and 

equity considerations into proposed UIC 

Class VI programs. During development 

of the proposed rule, Louisiana revised 

its Class VI MOA addendum to 

incorporate all the EJ elements 

described in the letter, including 

elements related to implementing an 

inclusive public participation process, 

incorporating EJ and civil rights 

considerations in permit review 

processes, enforcing Class VI regulatory 

protections, and incorporating 

mitigation measures. During the 

comment period for the EPA’s proposal, 

Louisiana signed into law Act No. 378 

(HB 571), which revised portions of 

Louisiana law relevant to LDNR’s 

application effective June 14, 2023. 

After the comment period, on June 30, 

2023, LDNR supplemented its Class VI 

primacy application to include Act No. 

378. In response, on August 16, 2023, 

the EPA published a Notice of 

Availability in the Federal Register (88 

FR 55610) providing a 30-day comment 

period specific to LDNR’s supplement to 

its primacy application, since this 

information was not available for public 

review and comment at the time of the 

proposal. That comment period closed 

on September 15, 2023. 


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D. Final Rule 

In this final rule, the EPA is 

approving Louisiana’s application 

because the EPA has determined that 

the application meets all applicable 

requirements for approval under SDWA 

section 1422 and the state is capable of 

administering a Class VI program in a 

manner consistent with the terms and 

purposes of SDWA and applicable UIC 

regulations. The EPA will remain the 

permitting authority for all UIC well 

classes on Indian land within the state 

(including Class VI wells) and will also 

oversee Louisiana’s administration of 

the state’s UIC Class VI program as 

authorized under SDWA. 

II. Legal Authorities 

This final rule is issued under 

authority of SDWA sections 1422 and 

1450, 42 U.S.C. 300h–1 and 300j–9. 

Section 1421 of SDWA requires the 

Administrator of the EPA to promulgate 

federal requirements for effective state 

UIC programs to prevent underground 

injection activities that endanger 

USDWs. Section 1422 of SDWA 

establishes requirements for states and 

Tribes seeking the EPA’s approval of 

their UIC programs. It also requires that 

states and Tribes seeking approval 

demonstrate to the satisfaction of the 

Administrator that the applicant (after 

public notice) has adopted and will 

implement a UIC program which meets 

the requirements set forth under section 

1421. The EPA’s regulations establish 

procedures for the EPA’s review, and 

approval or disapproval, of state or 

Tribal revisions to existing UIC 

programs already approved by the EPA. 

40 CFR 145.32. 

For states and Tribes that seek 

approval for UIC programs under 

section 1422 of SDWA and those 

seeking the EPA’s approval of revisions 

to existing state and Tribal UIC 

programs, the EPA has promulgated 

regulations setting forth the applicable 

procedures and substantive 

requirements codified in 40 CFR parts 

144, 145 and 146. 40 CFR part 144 

outlines general program requirements 

that each state or Tribe must meet to 

obtain UIC primacy. 40 CFR part 145 

specifies the procedures the EPA will 

follow in approving primacy programs, 

approving revisions to such programs, 

and withdrawing primacy programs and 

outlines the elements and provisions 

that a state or Tribe must include in its 

application. It also includes 

requirements for state or Tribal 

permitting programs (often by reference 

to certain provisions of 40 CFR parts 

124 and 144), compliance evaluation 

programs, enforcement authority, and 

information sharing. 40 CFR part 146 

contains the technical criteria and 

standards applicable to each well class, 

including Class VI wells. 

III. Louisiana’s Application for Class VI 

Primacy 

A. Background 

On September 17, 2021, Louisiana 

submitted to the EPA a program revision 

application to add Class VI injection 

wells to the state’s SDWA section 1422 

UIC program. The UIC program revision 

package included a description of the 

state’s UIC Class VI program, copies of 

all applicable rules and forms, a 

statement of legal authority, a summary 

and results of Louisiana’s public 

participation activities for developing 

the proposed Class VI program, and an 

addendum to the existing MOA between 

Louisiana and the EPA’s Region 6 office. 

The EPA reviewed the application for 

completeness and performed a technical 

evaluation of the application materials. 

B. Public Participation Activities 

Conducted by Louisiana 

In October 2020, LDNR published a 

notice of intent in the Louisiana Register 

to adopt Statewide Order No. 29–N–6 

providing rules for Class VI injection 

wells. LDNR held a public comment 

period from October 20, 2020, to 

December 1, 2020, and provided the 

opportunity to request a public hearing. 

There was no request for a public 

hearing. LDNR received five comments, 

which did not result in changes to the 

proposed rule. LDNR later provided a 

second public comment period on the 

state’s intent to seek Class VI Primacy 

from May 28, 2021, to July 13, 2021. 

LDNR held a public hearing at the 

LDNR Office in Baton Rouge on July 6, 

2021. Notice of the comment period and 

public hearing was published in six 

newspapers across Louisiana, through 

an email mailing list, and on LDNR’s 

website to garner statewide attention. 

LDNR received seven oral comments at 

the hearing and 21 written public 

comments. Commenters shared general 

concerns about the role of carbon 

capture and storage in mitigating 

climate change, sensitive coastal areas 

and erosion caused by pipelines, and 

the current pollution and environmental 

hazard burden in Louisiana. 

Commenters were also specifically 

concerned about whether LDNR had 

adequate resources to successfully 

permit and monitor Class VI projects 

and the state’s assumption of liability 

after completion of projects. 

Environmental Justice was also a major 

concern, with commenters seeking a 

clear EJ review process and criteria, as 

well as a mechanism for Class VI 

projects to avoid impacts on already 

overburdened communities. LDNR 

responded to all public comments 

including details about increased 

staffing and resources for Class VI 

permitting responsibilities. 

Documentation of Louisiana’s public 

participation activities, including 

comments received and responses by 

the LDNR, can be found in EPA’s Docket 

ID No. EPA–HQ–OW–2023–0073. 

C. Environmental Justice (EJ) in Class VI 

Permitting 

People across the country have shared 

with the EPA concerns about the safety 

of carbon capture and storage and 

carbon dioxide removal projects as well 

as their concern that already 

environmentally overburdened 

communities may yet again bear a 

disproportionate environmental burden 

associated with geologic sequestration. 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) and Executive Order 

14096 (88 FR 25251, April 21, 2023) 

direct federal agencies, to the greatest 

extent practicable and permitted by law, 

to identify and address, as appropriate, 

disproportionate and adverse human 

health or environmental impacts on 

communities with EJ concerns. On 

December 9, 2022, and January 11, 2023, 

the EPA Administrator Michael S. 

Regan sent letters to governors and 

Tribal leaders calling for partnership to 

advance the twin goals of combatting 

climate change and supporting EJ. In the 

letters, the Administrator encouraged 

states and Tribes seeking primacy to 

incorporate EJ and equity considerations 

into proposed UIC Class VI programs, 

including in permitting. The 

Administrator’s letters outlined a 

variety of approaches related to 

implementing an inclusive public 

participation process, consideration of 

EJ impacts on communities, enforcing 

Class VI regulatory requirements, and 

incorporating mitigation measures. 

As part of developing this final rule, 

the EPA worked with the state of 

Louisiana to adopt the environmental 

justice approaches encouraged in the 

Administrator’s letter, which Louisiana 

has incorporated into its primacy 

application. The EPA reviewed 

Louisiana’s EJ approach as described in 

the state’s Program Description and 

MOA addendum and compared it to the 

EJ elements discussed in the 

Administrator’s letter. Louisiana has 

committed in its MOA addendum to 

adopt all of the EJ elements described in 

the letter, and in particular noted that 

inclusive public participation processes 

and incorporation of EJ and civil rights 

considerations in permit review will be 


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achieved through the methods set forth 

in the Program Description. For 

example, Louisiana committed in the 

MOA addendum to examine the 

potential risks of each proposed Class VI 

well to minority and low-income 

populations. The EPA supports these 

commitments. Furthermore, Louisiana’s 

Program Description specifies that 

LDNR will require well owners or 

operators to conduct an EJ review as 

part of the Class VI application process. 

The Program Description also provides 

that LDNR intends to evaluate project 

sites using the EPA’s EJ Screen and to 

utilize qualified third-party reviewers to 

conduct additional evaluation of the 

Class VI application when communities 

with EJ concerns and/or other increased 

risk factors are identified. The results of 

the review will be used by LDNR to 

determine if an enhanced public 

comment period will be required. 

Lastly, LDNR’s Program Description 

provides that LDNR will require 

applicants to assess alternatives to the 

proposed site location and propose 

mitigating measures to ensure adverse 

environmental effects are minimized. 

The EPA supports each of these efforts 

described in LDNR’s program 

description. 

Based on its review of LDNR’s MOA 

addendum and Program Description, the 

EPA concludes that Louisiana has 

addressed all EJ elements that were 

discussed in the Administrator’s letter. 

The EPA supports LDNR’s adoption of 

these approaches to protecting 

communities with EJ concerns. 

Louisiana’s Class VI Program, as 

described in LDNR’s primacy 

application, includes approaches to 

ensure that equity and EJ will be 

appropriately considered in permit 

reviews, and in LDNR’s UIC Class VI 

program as a whole. 

D. Summary of the EPA’s 

Comprehensive Evaluation 

The EPA conducted a comprehensive 

technical and legal evaluation of 

Louisiana’s Class VI primacy 

application to assess and confirm that 

the state’s UIC Class VI program meets 

federal regulatory requirements, and the 

EPA evaluated the effectiveness of the 

state’s Class VI program. To be approved 

for Class VI primacy under SDWA 

section 1422, a state or Tribe must have 

a UIC program that meets federal 

requirements (40 CFR parts 124, 144, 

145, and 146). The EPA evaluated 

Louisiana’s UIC statutes and Class VI 

regulations against these federal 

requirements. The evaluation involved 

identifying and resolving any 

discrepancies between the state and 

federal UIC Class VI statutory and 

regulatory provisions prior to LDNR’s 

submittal of the primacy application. 

The EPA’s evaluation of the stringency 

and effectiveness of Louisiana’s 

proposed Class VI program included an 

evaluation of Louisiana’s Class VI 

Program Description, the state Attorney 

General’s Class VI statement of 

enforcement authority, and the 

addendum to the MOA between the 

EPA and Louisiana, describing the 

administration, implementation, and 

enforcement of Louisiana’s UIC Class VI 

program. 

The EPA evaluated Louisiana’s Class 

VI program description against 40 CFR 

145.23, which identifies all the 

information that must be submitted as 

part of the program description. The 

EPA’s evaluation of the program 

description includes reviewing the 

scope, structure, coverage, processes 

and organizational structure of the 

permitting authority. The EPA evaluated 

LDNR’s permitting, administrative and 

judicial review procedures and 

reviewed the permit application, 

reporting, and manifest forms. The EPA 

also reviewed LDNR’s description of the 

state’s compliance tracking and 

enforcement mechanisms. The EPA 

evaluated LDNR’s proposed schedule 

for issuing permits within the first 2 

years after Class VI program approval. 

The EPA reviewed LDNR’s description 

of the state agency staff who will carry 

out the Class VI program, including 

number, occupations, and general 

duties. The EPA also reviewed the 

Program Description to ensure that 

Louisiana has demonstrated that the 

state’s Class VI program will have 

adequate in-house staff or access to 

contractor support for technical areas 

including site characterization, 

modeling, well construction, testing and 

monitoring, financial responsibility, 

regulatory and risk analysis expertise. 

The EPA evaluated Louisiana’s Class 

VI Attorney General’s statement against 

40 CFR 145.24 to ensure it meets federal 

requirements. The Attorney General’s 

statement is required to ensure that a 

state’s top legal officer affirms that state 

statutes, regulations and judicial 

decisions demonstrate adequate 

authority to administer the UIC Program 

as described in the program description 

and consistent with the EPA’s 

regulatory requirements for UIC 

programs. The EPA independently 

evaluates and confirms that the 

Attorney General’s statement certifies 

that the state either does not have 

environmental audit privilege and/or 

immunity laws, or, if there are 

environmental audit privilege and/or 

immunity laws, that they will not affect 

the ability of the state to meet the EPA’s 

regulatory requirements regarding 

enforcement and information gathering. 

The EPA evaluated Louisiana’s Class 

VI MOA addendum against 40 CFR 

145.25 to ensure it meets federal 

requirements. The MOA is the central 

agreement setting the provisions and 

arrangements between the state and the 

EPA concerning the administration, 

implementation, and enforcement of the 

state UIC Program. The EPA’s 

evaluation includes ensuring that the 

MOA contains the necessary provisions 

pertaining to agreements on 

coordination, permitting, compliance 

monitoring, enforcement, and the EPA’s 

oversight. For example, the LDNR Class 

VI MOA addendum specifies that LDNR 

and the EPA agree to maintain a high 

level of cooperation and coordination to 

assure successful and efficient 

administration of the UIC Class VI 

program. The EPA is aware that 

stakeholders have raised concern about 

Louisiana’s long term liability provision 

in Louisiana Revised Statute (LA R.S.) 

30:1109. As noted in the EPA’s 

proposal, LDNR agreed in the MOA 

addendum that LDNR will not issue a 

certificate of completion pursuant to LA 

R.S. 30:1109 until the owner or operator 

submits a site closure report pursuant to 

40 CFR 146.93(f) and Louisiana Code 

(LAC) 43:XVII.3633.A.6 and otherwise 

fully complies with the site closure 

requirements in 40 CFR 146.93 and LAC 

43:XVII.3633.A. Additionally, LDNR 

agreed to coordinate with the EPA prior 

to LDNR approving any site closure to 

ensure doing so is consistent with the 

requirements of the federal Safe 

Drinking Water Act. During the 

comment period for the EPA’s proposal, 

Louisiana signed into law Act No. 378 

(HB 571), which revised Louisiana’s 

long term liability provision in LA R.S. 

30:1109. In this final rule, the EPA 

concludes that Louisiana’s Class VI 

Program—considering the revisions 

made by Act 378 and as implemented 

consistent with the MOA addendum— 

meets federal requirements. 

Louisiana has demonstrated that it 

has the legal authority to implement its 

Class VI program in conformance with 

the permit requirements found in 40 

CFR 145.11. Louisiana’s UIC Class VI 

permitting provisions are as stringent as 

permitting requirements found in 40 

CFR 145.11. The state has incorporated 

necessary procedures, pursuant to 40 

CFR 145.12 to support a robust 

compliance evaluation program for 

Class VI. For example, LDNR will 

maintain a program for periodic 

inspections of all Class VI facilities and 

activities subject to its authority. 

Additionally, Louisiana has the 

necessary civil and criminal 


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enforcement remedies pursuant to 40 

CFR 145.13. The EPA has determined 

that Louisiana’s enforcement authority 

related to the state’s Class VI Program 

meets federal requirements. Louisiana’s 

Class VI regulations regarding 

permitting, inspection, operation, and 

monitoring are at least as stringent as 

found in 40 CFR parts 145 and 146. 

Louisiana’s reporting and recordkeeping 

requirements for Class VI wells are as 

stringent as found in 40 CFR 144.54 and 

146.91. 

E. Public Participation Activities 

Conducted by the EPA 

On May 4, 2023, the EPA published 

a proposed rule in the Federal Register 

(88 FR 28450) to approve the state of 

Louisiana’s application to implement a 

UIC program for Class VI injection wells 

within the state. The proposal 

established a 60-day public comment 

period that closed on July 3, 2023. The 

EPA held a three day in-person public 

hearing on June 21–23, 2023 in Baton 

Rouge, Louisiana and one virtual 

hearing on June 30, 2023. The EPA 

published notice of the public hearings 

on the EPA’s website and in six major 

local newspapers in Louisiana. The EPA 

received oral comments from 156 

people at the in-person public hearings 

and from 23 at the virtual hearing. 

On June 30, 2023, LDNR 

supplemented its Class VI primacy 

application to include Act No. 378 (HB 

571), which revised portions of 

Louisiana’s law relevant to LDNR’s 

application. On June 14, 2023, Act No. 

378 was signed into law and went into 

effect during the comment period for the 

EPA’s proposal. In response, on August 

16, 2023, the EPA published a Notice of 

Availability in the Federal Register (88 

FR 55610) providing a 30-day comment 

period specific to LDNR’s supplement to 

its primacy application regarding Act 

No. 378, since this information was not 

available for public review and 

comment at the time of the proposal. 

This comment period closed on 

September 15, 2023. 

On March 23, 2023, the EPA sent a 

written invitation to interested Tribes, 

requesting a consultation regarding the 

agency’s review of Louisiana’s request 

for Class VI program approval, in 

accordance with the EPA Policy for 

Consultation and Coordination with 

Indian Tribes (May 4, 2011). The EPA 

held a consultation conference call with 

interested Tribes on March 30, 2023. 

The Tribes did not raise any concerns 

during the consultation. 

IV. Public Comments and the EPA’s 

Responses 

A. Public Comments 

Following publication of the proposed 

rule, the EPA accepted public comments 

for 60 days. The EPA received 41,622 

comments on the proposal from 

individuals and organizations 

representing a wide range of 

stakeholders, from individual citizens, 

energy, and industry groups, permittees, 

environmental and civil rights nongovernment organizations, local 

governments, members of the state 

Legislature, academia, and others. Of 

the comments received on the proposal, 

36,151 were from mass mailing 

campaigns. In general, the EPA received 

comments from stakeholders that 

supported and opposed primacy 

approval. 

Following publication of the NOA, 

the EPA accepted public comments for 

30 days. The EPA received 6,997 

comments from stakeholders similar to 

those received during the earlier public 

comment period for the proposal. Of the 

comments received on the supplemental 

notice, 6,940 were from mass mailing 

campaigns. In general, the majority of 

comments on the NOA that the EPA 

received supported primacy approval. 

Each unique comment received for 

the proposal and the supplemental 

notice was read and considered in the 

development of this final rule. Copies of 

unique individual comments are 

available as part of the public record 

and can be accessed through the EPA’s 

docket (ID No. EPA–HQ–OW–2023– 

0073). Documentation of the EPA’s 

public participation activities, including 

comments received and the EPA’s 

responsiveness summary can also be 

found in the docket (ID No. EPA–HQ– 

OW–2023–0073). 

B. The EPA’s Response to Comments 

Comments received during the 

proposed rule and supplemental notice 

comment periods were similar to those 

received by the state of Louisiana during 

the state’s public comment period. 

Commenters were concerned about the 

state’s assumption of liability after 

completion of projects, whether LDNR 

had adequate staff and expertise to 

successfully permit and monitor Class 

VI projects, and LDNR’s oversight of its 

existing UIC program. Commenters were 

also concerned about mitigation of risk, 

emergency response, community 

engagement, and Environmental Justice. 

The EPA received comments during 

the proposal from commenters who 

stated that LDNR’s proposed Class VI 

program meets or exceeds minimum 

federal requirements as well as from 

commenters who said that the state’s 

proposed Class VI program failed to 

meet federal requirements. The EPA 

agrees with the many commenters that 

asserted that LDNR’s proposed Class VI 

program meets the EPA’s regulatory 

requirements and that approving 

Louisiana’s Class VI primacy 

application is appropriate. The EPA 

worked closely with LDNR as the 

agency developed its regulations and 

Class VI primacy application. The final 

primacy application reflects the EPA’s 

recommendations during that preapplication process. The EPA performed 

a thorough review of LDNR’s primacy 

application, which describes how LDNR 

intends to oversee Class VI well owners 

or operators, including by reviewing 

permit applications, monitoring 

compliance with permits, and taking 

enforcement actions when appropriate. 

Some commenters, noting that 

Louisiana has a state law provision 

concerning the transfer of long-term 

liability, argued that SDWA prohibits 

transfer of liability. The EPA disagrees 

that long term liability provisions are 

always incompatible with the SDWA 

and the EPA’s UIC regulatory 

requirements. When promulgating its 

Class VI Rule (75 FR. 77272 Dec. 10, 

2010), the EPA considered a range of 

comments regarding liability following 

site closure. Some commenters during 

that rulemaking urged that, ‘‘after a GS 

site is closed, liability should be 

transferred to the State or Federal 

government or to a publicly- or 

industry-funded entity,’’ while others 

disagreed ‘‘that a public entity should 

bear liability following site closure.’’ 

Ultimately, the EPA decided not to 

include regulatory provisions 

addressing long term liability after site 

closure in the Class VI Rule. The EPA 

explained this decision in part by noting 

that the SDWA does not grant the EPA 

the authority ‘‘to transfer liability from 

one entity (i.e., owner or operator) to 

another.’’ It is important to note that, in 

making this statement, the EPA was not 

interpreting its UIC regulatory 

requirements as prohibiting primacy 

states from allowing liability transfer 

after site closure, but merely noting that, 

when the EPA acts as the Class VI 

permitting authority, it cannot do so. In 

short, the EPA did not conclude in the 

2010 Class VI rule that states that 

authorize liability transfer after site 

closure cannot receive UIC Class VI 

primacy. However, such state liability 

transfer provisions must be 

appropriately crafted so that the state’s 

Class VI program meets UIC regulatory 

requirements. Certain provisions could 

result in stringency issues. For example, 


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such issues may arise if a state law 

authorizes liability transfer before the 

permittee has fulfilled all of its UIC 

regulatory obligations, including all site 

closure requirements identified at 40 

CFR 146.93. Further, as noted in the 

2010 Class VI Rule preamble, even after 

the former permittee has fulfilled all of 

its UIC regulatory obligations, it may 

still be held liable for previous 

regulatory noncompliance. Thus, there 

may be stringency issues if a state law 

authorizes the permitting agency to 

release a former permittee from liability 

for earlier UIC violations. Additionally, 

as noted in the 2010 Class VI Rule 

preamble, a former permittee may 

always be subject to an order the 

Administrator deems necessary to 

protect public health if there is fluid 

migration that causes or threatens 

imminent and substantial endangerment 

to a USDW. The EPA’s UIC regulations 

require that state UIC programs possess 

similar emergency authority (40 CFR 

144.12(e)). Stringency issues will likely 

arise if state liability transfer provisions 

prohibit the EPA or the state UIC 

authority from subjecting a former 

permittee to such an emergency order. 

In conclusion, the EPA disagrees with 

commenters that SDWA and the UIC 

regulatory requirements prohibit state 

long term liability transfer provisions; 

however, when such provisions exist, 

they must be crafted so that the state 

Class VI program meets federal UIC 

regulatory requirements. 

The EPA also received comments 

stating that the state’s liability transfer 

provisions in Louisiana Revised Statute 

(LA R.S.) 30:1109 were in direct conflict 

with the EPA’s Class VI regulations. As 

mentioned in the EPA’s proposed 

approval, the EPA was aware that 

stakeholders had raised concern about 

Louisiana’s long-term liability 

provisions, and the EPA and LDNR 

worked together to address stakeholder 

concerns by specifying in the Class VI 

MOA addendum that LDNR would not 

issue a certificate of completion 

pursuant to LA R.S. 30:1109 until the 

owner or operator submits a site closure 

report pursuant to 40 CFR 146.93(f) and 

Louisiana Administrative Code (LAC) 

43:XVII.3633.A.6 and otherwise fully 

complies with the site closure 

requirements in 40 CFR 146.93 and LAC 

43:XVII.3633.A. On August 16, 2023, 

the EPA provided notice that LDNR 

supplemented its primacy application to 

incorporate Act 378, which revised 

portions of Louisiana law relevant to 

long term liability including at LA R.S. 

30:1109. Many commenters strongly 

supported Louisiana’s passage of Act 

378 stating that it strengthens the state’s 

Class VI program because it prevents the 

issuance of certificates until ‘‘Fifty years 

after cessation of injection into a storage 

facility’’ or ‘‘any other time frame 

established on a site-specific basis by 

application of the rules regarding the 

time frame for a storage operator’s postinjection site care and site closure plan’’ 

which matches the post-injection site 

care timeframes in the EPA’s regulations 

(see 40 CFR 146.93(b)). The EPA agrees 

that the statutory revisions to the longterm liability provisions resolve the 

concern that transfer of liability could 

occur before a site is closed and the 

non-endangerment standard is met. Act 

378 requires that before a certificate may 

be issued, it must be demonstrated that 

the owner or operator ‘‘has complied 

with all applicable [UIC] regulations 

related to post-injection monitoring,’’ 

the ‘‘facility has been closed in 

accordance with all [UIC] regulations 

related to site closure,’’ and the ‘‘storage 

facility does not pose an endangerment 

to underground sources of drinking 

water, or the health and safety of the 

public.’’ 

Additional commenters asserted that 

while Act 378 narrowed the scope of 

operator liability exemptions that were 

adopted in 2009, the state still does not 

have equivalent enforcement authority 

required by section 40 CFR 145.13(a)(1). 

The EPA disagrees with commenters 

that the state does not have enforcement 

authority as required by 40 CFR 

145.13(a)(1). Overall, 40 CFR 145.13(a) 

requires a state agency to possess the 

ability to enforce ‘‘violations of State 

program requirements.’’ However, after 

an owner or operator has fully complied 

with all UIC Class VI regulatory 

requirements related to site closure, the 

former permittee is no longer subject to 

any Class VI regulatory requirements 

and therefore no ‘‘violations’’ could 

occur. Moreover, a certificate of 

completion issued pursuant to LA R.S. 

30:1109 cannot release a former operator 

from any liabilities that arise from 

noncompliance with UIC regulatory 

requirements prior to issuance of the 

certificate. LA R.S. 30:1109.A(3). 

Further, as made explicit by Act 378, 

LDNR continues to possess authority to 

take emergency action to restrain any 

person, including a former operator of a 

Class VI well, from engaging in any 

activity which is endangering or causing 

damage to public health or the 

environment (see LAC 43:XVII.103.D.4). 

The EPA carefully reviewed Louisiana’s 

statutes and regulations related to 

enforcement of its Class VI program and 

has determined that it meets federal 

requirements. 

The EPA received a range of 

comments from stakeholders regarding 

LDNR’s staff capacity and expertise. 

Some commenters expressed concern 

that LDNR has insufficient staff capacity 

and expertise to oversee the number of 

Class VI projects the commenters 

expected LDNR to eventually oversee. 

Conversely, other commenters stated 

that LDNR has a strong, well-established 

UIC program with dedicated, 

knowledgeable, and experienced staff. 

The EPA disagrees that LDNR staff lack 

the necessary expertise to oversee a 

Class VI program. The LDNR UIC 

program is comprised of staff with 

expertise in the variety of technical 

specialties needed to issue and oversee 

Class VI permits, including site 

characterization, modeling, well 

construction and testing, and finance. 

LDNR’s staff competency is 

demonstrated via annual reviews with 

the EPA in accordance with the state’s 

minimum qualifications for education 

and professional experience, and 

requirements to be a licensed 

professional engineer (P.E.) or 

geoscientist (or work under one) in good 

standing with either the Louisiana 

Professional Engineering and Land 

Surveying Board or Louisiana Board of 

Professional Geoscientists. The EPA 

understands that the state of Louisiana 

has a plan in place to expand its 

program to further support Class VI 

activities within the state by hiring 

seven additional staff and third-party 

contractors for modeling, risk and 

environmental justice analysis. In 

addition, the EPA stands ready to 

provide additional support as needed, 

including technical support, site 

specific analysis, and access to the 

experience and knowledge of the EPA 

staff in the regions, Headquarters, and 

the Office of Research and 

Development. 

The EPA received a range of 

comments regarding LDNR’s oversight 

of its existing UIC program. Some 

commenters stated that LDNR has 

significant institutional knowledge and 

expertise and has effectively regulated 

Class I–V injection wells and protected 

underground sources of drinking water 

since 1982. Other commenters stated 

that LDNR has a poor record of 

enforcing UIC and oil and gas program 

requirements and expressed concerns 

related to inspections, procedures for 

the public to report violations, whether 

fines are sufficient to deter 

noncompliance, and delays in 

enforcement. These commenters also 

provided examples of environmental 

incidents regulated by LDNR and other 

Louisiana agencies. They assert that 

LDNR is non-compliant with other 

environmental programs (e.g., for 


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coastal and wetlands management), and 

asked the EPA to defer granting Class VI 

primacy until LDNR addresses these 

perceived deficiencies. The EPA notes 

that a number of the examples provided 

by commenters did not involve LDNR, 

which is the agency seeking Class VI 

primacy. Other examples did involve 

LDNR but were not related to UIC 

program implementation. The EPA 

agrees with commenters that 

inspections and enforcement actions are 

key components of a UIC program, and 

essential to ensuring compliance with 

UIC requirements. As LDNR describes 

in its Class VI MOA addendum with the 

EPA, LDNR will conduct periodic 

inspections of permittees to assess 

compliance with Class VI permits, to 

verify the accuracy of information 

submitted by operators in reporting 

forms and monitoring data, and to verify 

the adequacy of sampling, monitoring, 

and other methods to provide the 

information (MOA, Part III.D; see also 

40 CFR 145.12(b)(2)). LDNR plans to 

devote 15 percent of its Class VI budget 

(first- and second-year Class VI budget 

estimates are $345,000 and $1.135 

million respectively) to inspections and 

enforcement activities (Program 

Description, pg. 4). The EPA considers 

this to be appropriate and adequate to 

ensure that Class VI well owners or 

operators in Louisiana comply with the 

UIC requirements and their permits. 

With regard to Louisiana’s current UIC 

program, all UIC enforcement and 

compliance records are publicly 

accessible on Louisiana’s SONRIS Data 

Portal link at the top of the page at 

https://www.sonris.com/ or onsite at the 

Injection and Mining Division of LDNR. 

Based on data it reports annually to the 

EPA, LDNR has over the past several 

years, taken an average of over 500 UIC 

enforcement actions annually. The EPA 

has determined that LDNR’s Class VI 

program will have the capacity to 

perform the necessary inspections of all 

Class VI facilities and actives subject to 

LDNR’s oversight to identify persons 

who have failed to comply with 

program requirements. 40 CFR 

145.12(b). The EPA encourages 

residents to report violations to the 

state. Consideration of information 

submitted by the public about violations 

is a required element of 145.12(b)(3) and 

(b)(4). LDNR’s Class VI primacy 

application indicates that LDNR has 

these programs in place at MOA 

Addendum 1, Sec. III.E. (p. 5) and 

Program Description, Sec. 5 (pp. 8–9). 

However, residents who are concerned 

that LDNR is not taking enforcement 

action against a violation of the UIC 

requirements may report a violation on 

the EPA’s website at www.epa.gov (click 

on ‘‘Report a Violation’’), contact the 

EPA via the SDWA Hotline at (800) 

426–4791, or email the EPA at 

safewater@epa.gov. The EPA will 

continue to oversee LDNR’s 

administration of the SDWA Class VI 

program. The EPA conducts UIC 

program oversight to help ensure that 

states who have been granted primacy 

continue to implement their programs 

in a manner consistent with the SDWA 

and their memorandums of agreement 

with the EPA. See Class VI MOA 

addendum, section V, EPA Oversight. 

As part of the EPA’s oversight 

responsibility, the EPA will conduct, at 

least annually, performance evaluations 

of the state’s Class VI program using 

program reports and other requested 

information to determine state Class VI 

program consistency with the LDNR’s 

approved program, SDWA, and 

applicable regulations. This includes a 

review of financial expenditures, 

progress on program implementation, 

and any departures from the Program 

Description; and MOA addendum. Any 

deficiencies in Class VI program 

performance will be shared with the 

state along with recommendations for 

improving state operations. In addition, 

the EPA’s Region 6 Administrator may 

select Class VI activities and facilities 

within the state for the EPA to inspect 

jointly with the State. Further, in states 

with UIC primacy, the EPA maintains 

its independent authority to enforce 

violations of applicable UIC program 

requirements under SDWA 1423(a)(1), 

and its authority to act to address 

imminent and substantial endangerment 

under SDWA 1431. 

Several commenters expressed 

concern that the state’s Class VI UIC 

regulations do not have adequately 

robust monitoring mechanisms to 

mitigate risk to USDWs and ensure that 

projects are properly sited, permitted, 

and maintained. The EPA agrees that 

proper site selection and robust 

monitoring are fundamental 

components of the UIC program to 

ensure USDWs are protected. Further, 

the EPA finds that the monitoring 

requirements in LDNR’s Class VI 

regulations, if properly implemented, 

adequately address the risks to USDWs 

associated with carbon dioxide injection 

for geologic sequestration because 

LDNR’s monitoring requirements meet 

the EPA’s Class VI regulatory 

requirements. For example, LAC 43: 

XVII.3625.A requires Class VI well 

owners or operators to develop and 

comply with an enforceable Testing and 

Monitoring Plan to verify that the 

geologic sequestration project is 

operating as permitted and is not 

endangering USDWs. The monitoring 

requirements of LDNR’s Class VI rule 

are as stringent as those at 40 CFR 

146.90 and ensure early warning of 

exceedances of operating conditions, 

damage to the injection well, changes in 

water quality, or unanticipated behavior 

of the carbon dioxide plume and 

pressure front that could endanger 

USDWs. Further, Louisiana regulations 

at LAC 43: XVII.3627 regarding 

monitoring for mechanical integrity are 

as stringent as the EPA’s regulations on 

the same subject at 40 CFR 146.89 and 

LAC 43: XVII.3633 regarding post 

injection monitoring is as stringent as 40 

CFR 146.93. The state’s regulations, like 

the EPA’s, require the development of 

enforceable testing and monitoring 

plans that are appropriately tailored to 

site-specific operational conditions and 

the geologic setting. The EPA concludes 

that this is the best approach for 

addressing the unique potential risks at 

each geologic sequestration project. 

Additionally, some commenters 

asserted that the state’s Class VI rule 

does not adequately address emergency 

scenarios (i.e., evacuations and 

notification) involving endangerment to 

USDWs as well as situations that are 

broader than endangerment to USDWs. 

The EPA disagrees as LDNR’s Class VI 

requirements for emergency and 

remedial response at LAC 43: 

XVII.625.A.1, are as stringent as the 

EPA’s related requirements at 40 CFR 

146.94 and are protective of USDWs. 

LDNR’s regulations require Class VI 

well owners or operators to develop and 

comply with an enforceable site-specific 

Emergency and Remedial Response Plan 

with remedial actions to be taken in the 

event of an emergency in order to 

expeditiously mitigate any emergency 

situations and protect USDWs from 

endangerment. As stated in the EPA’s 

2018 UIC program Class VI 

Implementation Manual, the Emergency 

and Remedial Response Plan should 

consider the site operation, geology, 

local infrastructure, and the 

community’s needs. While the federal 

Class VI regulations do not specify the 

specific content of the Emergency and 

Remedial Response Plan, the EPA 

encourages permittees in its 2012 UIC 

Class VI Well Project Plan Development 

Guidance to identify first responders 

(e.g., police, fire) in the plan and 

include a section on how the owner or 

operator would communicate with first 

responders and the public about an 

emergency event. 

Commenters asserted that LDNR lacks 

the statutory or regulatory authority to 

make the results of an EJ review part of 

a Class VI permitting decision or to 


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deny a permit based on EJ concerns. 

Commenters also expressed doubts 

about LDNR’s or the state’s commitment 

to EJ. The EPA acknowledges 

commenters’ concerns about regulatory 

decisions not considering the 

environmental impacts of those 

decisions on disproportionately affected 

communities. In the Administrator’s 

letter to state governors and Tribal 

leaders, the Administrator called for 

states seeking primacy to incorporate EJ 

and equity considerations into proposed 

UIC Class VI programs, including in 

permitting. The letter outlined a variety 

of approaches, including elements 

related to implementing an inclusive 

public participation process, 

consideration of EJ impacts on 

communities, enforcing Class VI 

regulatory requirements, and 

incorporating other mitigation 

measures. The EPA elaborated on these 

approaches in its Environmental Justice 

Guidance for UIC Class VI Permitting 

and Primacy that was released August 

17, 2023. Additionally, the EPA’s new 

UIC Class VI Grant Program (authorized 

by the Bipartisan Infrastructure Law) for 

states and Tribes seeking to establish or 

implement UIC Class VI primacy 

programs will require applicants to 

demonstrate how EJ and equity 

considerations are incorporated in their 

Class VI primacy programs. An integral 

part of Louisiana’s Class VI primacy 

application (which includes a state 

Attorney Generals’ statement that LDNR 

has authority to implement the Class VI 

Program as described) is a commitment 

to incorporating EJ considerations into 

the Class VI permitting process. LDNR’s 

Program Description and Class VI MOA 

addendum both describe an EJ review 

process that is consistent with the EPA’s 

guidance, including enhanced public 

participation, and incorporation of 

additional potential mitigation 

measures. LDNR’s Class VI MOA 

addendum answers the EPA’s request 

for states to incorporate EJ into their 

Class VI program by, among other 

things, adopting an inclusive public 

participation process. Louisiana will 

provide robust and ongoing 

opportunities for public participation, 

especially for lower-income people, 

communities of color, and those 

experiencing a disproportionate burden 

of pollution and environmental hazards. 

In its MOA addendum, LDNR described 

specific plans for tailoring notice of 

proposed Class VI wells to specific 

community needs and interests. 

Tailored public participation activities 

that LDNR may employ include 

scheduling public meetings at times 

convenient for residents, offering 

translation services where needed, 

enabling face-to-face or written feedback 

on permit applications early in the 

review process, convening local 

stakeholders and community groups for 

safety planning, and supporting the 

development of community benefits 

agreements (Class VI MOA addendum, 

Part II.H). The EPA agrees with 

commenters about the value of 

incorporating additional mitigation 

measures where appropriate for Class VI 

projects to address effects on already 

overburdened communities from all 

Class VI activities throughout the 

lifetime of the project. In its Class VI 

MOA addendum (Part II.H), Louisiana 

committed to work within its legal 

authority to prevent and/or reduce any 

adverse impacts to USDWs from well 

construction and operational activities. 

While the scope of Louisiana’s UIC 

Program (and this primacy decision) is 

designed to protect USDWs, LDNR 

stated in its Class VI MOA addendum 

that it may work within its legal 

authority under state law to employ a 

range of mitigation measures to ensure 

that Class VI projects do not increase 

environmental impacts and public 

health risks in already overburdened 

communities. For example, LDNR’s 

MOA addendum said such residential 

protection measures could include 

carbon dioxide monitoring and release 

notification networks, installation of 

enhanced pollution controls, or other 

measures to offset impacts by improving 

other environmental amenities for 

affected communities and providing 

resources for clean-up of previously 

degraded public areas. 

V. Incorporation by Reference 

In this action, the EPA is approving a 

revision to the state of Louisiana’s UIC 

Program for primacy for regulating Class 

VI injection wells in the state, except for 

those located on Indian lands. 

Louisiana’s statutes and regulations 

incorporated by reference in this final 

rule are publicly available in EPA’s 

Docket No. EPA–HQ–OW–2023–0073. 

This action amends 40 CFR 147.950 and 

incorporates by reference EPA-approved 

state statutes and regulations that 

contain standards, requirements, and 

procedures applicable to Class VI 

owners or operators. 

For clarity, the EPA is reformatting 

the codification of Louisiana UIC 

Program statutes and regulations for 

Well Classes I, II, III, IV, and V that the 

EPA already approved in previous 

approval actions, and which are already 

incorporated by reference into 40 CFR 

147.950. Instead of codifying Louisiana 

statutes and regulations as separate 

paragraphs, the EPA is incorporating by 

reference a compilation that contains 

‘‘EPA-approved Louisiana SDWA § 1422 

and § 1425 Underground Injection 

Control Program Statutes and 

Regulations for Well Classes I, II, III, IV, 

V, and VI,’’ dated November 8, 2023. 

This compilation is incorporated by 

reference into 40 CFR 147.950 and is 

available at https://www.regulations.gov 

in the docket for this final rule. The EPA 

has also codified a table listing EPAapproved Louisiana Statutes and 

Regulations for Well Classes I, II, III, IV, 

V, and VI in 40 CFR 147.950, including 

those already incorporated by reference. 

The EPA will 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. The EPA will require 

quarterly reports of non-compliance and 

annual UIC performance reports 

pursuant to 40 CFR 144.8. The MOA 

addendum between the EPA and 

Louisiana, signed by the Regional 

Administrator on March 3, 2023, 

articulates that the EPA will oversee the 

state’s administration of the UIC Class 

VI program on a continuing basis to 

assure that such administration is 

consistent with the program MOAs, the 

state UIC grant application, and all 

applicable requirements embodied in 

current regulations and federal law. In 

addition, the MOA addendum provides 

that the EPA may request specific 

information including permits and the 

accompanying EJ reviews. 

VI. Statutory and Executive Orders 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at: https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is exempt from review 

under Executive Order 12866, as 

amended by Executive Order 14094, 

because the Office of Management and 

Budget has exempted, as a category, the 

approval of state UIC programs. 

B. Paperwork Reduction Act (PRA) 

This action does not impose any 

information collection burden under the 

PRA. OMB has previously approved the 

information collection activities 

contained in the existing regulations 

and has assigned OMB control number 

2040–0042. Reporting or recordkeeping 

requirements will be based on 

Louisiana’s Class VI UIC Regulations, 


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and the State of Louisiana is not subject 

to the PRA. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action does not 

impose any requirements on small 

entities as this action approves an 

existing state program. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local, or 

Tribal governments or the private sector. 

The EPA’s approval of Louisiana’s Class 

VI program will not constitute a federal 

mandate because there is no 

requirement that a state establish UIC 

regulatory programs and because the 

program is a state, rather than a federal 

program. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications as specified in Executive 

Order 13175. This action contains no 

federal mandates for Tribal governments 

and does not impose any enforceable 

duties on Tribal governments. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions considered significant 

under section 3(f)(1) of Executive Order 

12866 and that concern environmental 

health or safety risks that the EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it approves a state program. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This action does not involve technical 

standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations; Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

EPA believes that it is not practicable 

to assess whether the human health or 

environmental conditions that exist 

prior to this action result in 

disproportionate and adverse effects on 

communities with EJ concerns. There 

currently are no Class VI wells 

permitted in Louisiana and because this 

is a procedural action. The EPA has 

reviewed Louisiana’s proposed 

approach to environmental justice, as 

outlined in the Program Description and 

Class VI MOA addendum, and 

described in section IV.B of this 

preamble. The EPA considers 

Louisiana’s Class VI primacy 

application to fully integrate 

environmental justice and equity 

considerations into the state’s UIC Class 

VI program, while ensuring protection 

of USDWs. This action would provide 

Louisiana with primacy under SDWA 

section 1422 for a UIC Class VI program, 

pursuant to which Louisiana will 

implement a program that meets the 

EPA’s requirements for UIC Class VI 

programs. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

VII. References 

Memorandum of Agreement Addendum 3 

between the State of Louisiana and EPA, 

Region VI for the UIC Class VI Program, 

signed by the EPA Regional 

Administrator on March 3, 2023. 

State of Louisiana Class VI Underground 

Injection Control Program 1422 

Description, April 2021. 

USEPA. 2012. Geologic Sequestration of 

Carbon Dioxide—UIC Program Class VI 

Well Project Plan Development 

Guidance. August 2012. Office of Water. 

EPA 816–R–11–017 

USEPA. 2018. Geologic Sequestration of 

Carbon Dioxide—UIC Program Class VI 

Implementation Manual for UIC Program 

Directors. January 2018. Office of Water. 

EPA 816–R–18–001 

USEPA. 2022. U.S. Environmental Protection 

Agency. EPA Administrator’s EJ Letter to 

State Governors, from Michael S. Regan, 

EPA Administrator. (December 9, 2022). 

USEPA. 2023a. U.S. Environmental 

Protection Agency. EPA Administrator’s 

EJ Letter to Tribal leaders, from Michael 

S. Regan, EPA Administrator. (January 

11, 2023). 

USEPA. 2023b. U.S. Environmental 

Protection Agency. Memorandum to 

Water Division Directions, Regions I–X, 

from Radhika Fox, Office of Water. 

Environmental Justice Guidance for UIC 

Class VI Permitting and Primacy (August 

17, 2023). 

List of Subjects in 40 CFR Part 147 

Environmental protection, 

Incorporation by reference, Indian 

lands, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Water supply. 

Michael S. Regan, 

Administrator. 

For the reasons set forth in the 

preamble, EPA amends 40 CFR part 147 

as follows: 

PART 147—STATE, TRIBAL, AND EPAADMINISTERED UNDERGROUND 

INJECTION CONTROL PROGRAMS 

■ 1. The authority citation for part 147 

continues to read as follows: 

Authority: 42 U.S.C. 300f et seq.; and 42 

U.S.C. 6901 et seq. 

■ 2. Amend § 147.950 by: 

■ a. Revising the section heading, the 

introductory text, and paragraph (a); 

■ b. Adding a paragraph (b) heading and 

adding paragraphs (b)(3) and (4) and 

(c)(4); and 

■ c. Revising paragraph (d). 

The revisions and additions read as 

follows. 

§ 147.950 State-administered program— 

Class I, II, III, IV, V and VI wells. 

The UIC program for Class I, II, III, IV, 

and V wells in the State of Louisiana, 

except those wells on Indian lands, is 

the program administered by the 

Louisiana Department of Natural 

Resources approved by EPA pursuant to 

sections 1422 and 1425 of the SDWA. 

Notice of this approval was published in 

the Federal Register on April 23, 1982; 

the effective date of this program is 

March 23, 1982. The UIC Program for 

Class VI wells in Louisiana, except 

those located on Indian lands, is the 

program administered by the Louisiana 


lotter on DSK11XQN23PROD with RULES1
712 Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Rules and Regulations 

Department of Natural Resources, 

approved by EPA pursuant to SDWA 

section 1422. The effective date of this 

program is February 5, 2024. The UIC 

program for Class I, II, III, IV, V, and VI 

wells in the State of Louisiana, except 

those located on Indian lands, consists 

of the following elements, as submitted 

to EPA in the State’s program 

application and program revision 

application. 

(a) Incorporation by reference. The 

requirements set forth in the state 

statutes and regulations approved by the 

EPA for including in ‘‘EPA-approved 

Louisiana SDWA § 1422 and § 1425 

Underground Injection Control Program 

Statutes and Regulations for Well 

Classes I, II, III, IV, V, and VI, dated 

November 8, 2023, and listed in table 1 

to this paragraph (a), are hereby 

incorporated by reference and made a 

part of the applicable UIC program 

under the SDWA for the State of 

Louisiana. The Director of the Federal 

Register approves this incorporation by 

reference in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Copies of the 

State of Louisiana’s statutes and 

regulations that are incorporated by 

reference may be inspected at the U.S. 

Environmental Protection Agency, 

Region VI Library, U.S. Environmental 

Protection Agency, 1201 Elm Street, 

Suite 500, Dallas, Texas 75270 and the 

U.S. Environmental Protection Agency, 

Water Docket, EPA Docket Center (EPA/ 

DC), EPA WJC West, Room 3334, 1301 

Constitution Ave. NW, Washington, DC 

20004. If you wish to obtain materials 

from the EPA Regional Office, please 

call (214) 665–7515, or from the EPA 

Headquarters Library, please call the 

Water Docket at (202) 566–2426. You 

may also view this material at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html or email 

fr.inspection@nara.gov. 

TABLE 1 TO PARAGRAPH (a)—EPA-APPROVED LOUISIANA SDWA SEC. 1422 AND SEC. 1425 UNDERGROUND INJECTION

CONTROL PROGRAM STATUTES AND REGULATIONS FOR WELL CLASSES I, II, III, IV, V, AND VI 

State citation Title/subject State effective date EPA approval date 

Louisiana Revised Statutes Annotated 

§§ 30:1–30:24.

Minerals, Oil, and Gas and Environmental 

Quality.

January 1, 1975, and Supp. 1982 ............... June 25, 1984. 

Louisiana Administrative Code 43: XVII 

Chapter 1 (Statewide Order No. 29–N–1).

Underground Injection Control Program 

Regulations for Class I, III, IV, and V 

wells.

February 20, 1982, as amended June 1, 

1985 and January 20, 1986.

March 6, 1991. 

Louisiana Administrative Code 43: XIX 

Chapters 1–6 (Statewide Order No. 29–B).

Statewide Order Governing the Drilling for 

and Producing of Oil and Gas in the 

State of Louisiana.

August 26, 1974 as amended July 20, 

1980, January 1 1981, February 20, 

1982, May 20, 1983, May 20, 1984, and 

July 1 1985.

March 6, 1991. 

Louisiana Administrative Code 43: XVII 

Chapter 3 (Statewide Order No. 29–M).

Hydrocarbon Storage Wells in Salt Dome 

Cavities.

July 6, 1977, as amended October 2, 1978, 

June 8, 1979.

June 25, 1984. 

Louisiana Revised Statutes Annotated 

§§ 30:1101–30:1112.

Louisiana Geologic Sequestration of Carbon dioxide Act.July 10, 2009 as amended June 14, 2023 .. January 5, 2024, FEDERAL REGISTER CITATION]. 

Louisiana Administrative Code 43: XVII 

Chapter 36 (Statewide Order No. 29–N– 

6).

Class VI Injection Wells ............................... January 20, 2021 ......................................... January 5, 2024, 

[FEDERAL REGISTER 

CITATION]. 

(b) Memorandum of Agreement 

(MOA). * * * 

(3) Memorandum of Agreement 

Addendum 3 between the State of 

Louisiana and EPA, Region VI for the 

UIC Class VI Program, signed by the 

EPA Regional Administrator on March 

3, 2023. 

(4) Letter from Governor of Louisiana 

to Regional Administrator, EPA Region 

VI, March 4, 2021. 

(c) * * * 

(4) Attorney General’s Statement 

‘‘Attorney General’s Statement to 

Accompany Louisiana’s Underground 

Injection Control Program Class VI 

Primacy Application,’’ signed by the 

Attorney General for the State of 

Louisiana, February 10, 2021. 

(d) Program Description. The Program 

Description and any other materials 

submitted as part of the application or 

amendment thereto, and the Program 

Description and any other materials 

submitted as part of the program 

revision application or amendment 

thereto. 

[FR Doc. 2024–00044 Filed 1–4–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 384 and 386 

[Docket No. FMCSA–2023–0174] 

RIN 2126–AC60 

General Technical, Organizational, 

Conforming, and Correcting 

Amendments to the Federal Motor 

Carrier Safety Regulations; Correction 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Correcting amendments. 

SUMMARY: In a final rule published in 

the Federal Register on November 17, 

2023, FMCSA amended its regulations 

by making technical corrections 

throughout the Federal Motor Carrier 

Safety Regulations (FMCSRs). The final 

rule had an incorrect paragraph number 

in the instruction for an amendment 

and, in an amendment replacing a term, 

erroneously failed to replace the 

possessive form of the term. The Agency 

corrects these errors. 

DATES: This correction is effective 

January 5, 2024. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Nicholas Warren, Regulatory 

Development Division, Office of Policy, 

FMCSA, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001; (202) 366– 

6124; nicholas.warren@dot.gov. 

SUPPLEMENTARY INFORMATION: On 

November 17, 2023, FMCSA published 

a final rule (88 FR 80169) that amended 

its regulations by making technical 

corrections throughout the FMCSRs. 

The rule made minor changes to correct 

inadvertent errors and omissions, 

remove or update obsolete references, 

and improve the clarity and consistency 

of certain regulatory provisions. The 

rule also made a change to its rules of 

organization, procedures, and practice. 

Through this document, FMCSA 

corrects two errors in that final rule. 

Correction 

First, in amendment no. 48, the 

instruction incorrectly identified 

paragraph (b)(2) of § 384.209 as one of 


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