[Federal Register Volume 89, Number 4 (Friday, January 5, 2024)]
[Rules and Regulations]
[Pages 703-712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00044]


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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.

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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: 
<a href="/cdn-cgi/l/email-protection#c5898486a9a4b6b6938c8b8a8485a0b5a4eba2aab3"><span class="__cf_email__" data-cfemail="5c101d1f303d2f2f0a1512131d1c392c3d723b332a">[email protected]</span></a>.

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

[[Page 704]]

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:
    <bullet> Site characterization to ensure the geology in the project 
area will contain the carbon dioxide within the zone where it will be 
injected.
    <bullet> Modeling to delineate the predicted area influenced by 
injection activities through the lifetime of operation.
    <bullet> Evaluation of the delineated area to ensure all potential 
pathways for fluid movement have been identified and addressed through 
corrective action.
    <bullet> Well construction requirements that ensure the Class VI 
injection well will not leak carbon dioxide.
    <bullet> 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.
    <bullet> Operating requirements (e.g., injection pressure 
monitoring and mechanical integrity testing requirements) to ensure the 
injection activity will not endanger USDWs or human health.
    <bullet> 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.
    <bullet> Emergency and remedial response plans.
    <bullet> 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.

[[Page 705]]

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

[[Page 706]]

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

[[Page 707]]

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 non-government 
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 pre-
application 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,

[[Page 708]]

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 post-injection 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 long-term 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

[[Page 709]]

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 <a href="/cdn-cgi/l/email-protection#c9baa8afacbea8bdacbb89acb9a8e7aea6bf"><span class="__cf_email__" data-cfemail="4c3f2d2a293b2d38293e0c293c2d622b233a">[email protected]</span></a>. 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

[[Page 710]]

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 Sec.  1422 and Sec.  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 EPA-approved 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/laws-regulations/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,

[[Page 711]]

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 EPA-ADMINISTERED UNDERGROUND INJECTION 
CONTROL PROGRAMS

0
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.


0
2. Amend Sec.  147.950 by:
0
a. Revising the section heading, the introductory text, and paragraph 
(a);
0
b. Adding a paragraph (b) heading and adding paragraphs (b)(3) and (4) 
and (c)(4); and
0
c. Revising paragraph (d).
    The revisions and additions read as follows.


Sec.  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

[[Page 712]]

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 Sec.  1422 and Sec.  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 <a href="/cdn-cgi/l/email-protection#197f6b3770776a697c7a6d7076775977786b78377e766f"><span class="__cf_email__" data-cfemail="badcc894d3d4c9cadfd9ced3d5d4fad4dbc8db94ddd5cc">[email protected]</span></a>.

   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   Minerals, Oil, and Gas   January 1, 1975, and     June 25, 1984.
 Sec.  Sec.   30:1-30:24.               and Environmental        Supp. 1982.
                                        Quality.
Louisiana Administrative Code 43:      Underground Injection    February 20, 1982, as    March 6, 1991.
 XVII Chapter 1 (Statewide Order No.    Control Program          amended June 1, 1985
 29-N-1).                               Regulations for Class    and January 20, 1986.
                                        I, III, IV, and V
                                        wells.
Louisiana Administrative Code 43: XIX  Statewide Order          August 26, 1974 as       March 6, 1991.
 Chapters 1-6 (Statewide Order No. 29-  Governing the Drilling   amended July 20, 1980,
 B).                                    for and Producing of     January 1 1981,
                                        Oil and Gas in the       February 20, 1982, May
                                        State of Louisiana.      20, 1983, May 20,
                                                                 1984, and July 1 1985.
Louisiana Administrative Code 43:      Hydrocarbon Storage      July 6, 1977, as         June 25, 1984.
 XVII Chapter 3 (Statewide Order No.    Wells in Salt Dome       amended October 2,
 29-M).                                 Cavities.                1978, June 8, 1979.
Louisiana Revised Statutes Annotated   Louisiana Geologic       July 10, 2009 as         January 5, 2024,
 Sec.  Sec.   30:1101-30:1112.          Sequestration of         amended June 14, 2023.   FEDERAL REGISTER
                                        Carbon dioxide Act.                               CITATION].
Louisiana Administrative Code 43:      Class VI Injection       January 20, 2021.......  January 5, 2024,
 XVII Chapter 36 (Statewide Order No.   Wells.                                            [FEDERAL REGISTER
 29-N-6).                                                                                 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


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