[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Proposed Rules]
[Pages 28450-28456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09302]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 147

[EPA-HQ-OW-2023-0073; FRL 9916-01-OW]


State of Louisiana Underground Injection Control Program; Class 
VI Program Revision Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency) has 
received a complete Underground Injection Control (UIC) program 
revision package from the State of Louisiana (State), requesting 
approval of a revision to the State's Safe Drinking Water Act (SDWA) 
section 1422 UIC program to include Class VI injection well primary 
enforcement responsibility (primacy). The proposed revision would allow 
the Louisiana Department of Natural Resources (LDNR) to issue UIC 
permits for geologic carbon sequestration facilities as Class VI wells 
and ensure compliance of Class VI wells under the UIC program. EPA 
proposes to issue a final rule approving Louisiana's application to 
implement the UIC program for Class VI injection wells located within 
the State, except those on Indian lands. EPA proposes amendments to 
reflect this proposed approval of Louisiana's Class VI primacy 
application.

DATES: Comments must be received on or before July 3, 2023. The 
application is available for inspection and copying at the address 
appearing in the ADDRESSES section of this document.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2023-0073, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460.
     Hand Delivery or Courier: EPA Docket Center, WJC West 
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. 
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m., 
Monday through Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the ``Public Participation'' 
heading of the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Suzanne Kelly, Drinking Water 
Infrastructure Development Division, Office of Ground Water and 
Drinking Water (4606M), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 
564-3887; email address: [email protected] 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; 
email address: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Public Participation
    A. Written Comments
    B. Participation in Public Hearing
    C. Public Participation Activities Conducted by Louisiana
II. Introduction
    A. UIC Program and Primary Enforcement Authority (Primacy)
    B. Class VI Wells Under the UIC Program
    C. Louisiana UIC Programs
III. Legal Authorities
IV. EPA's Evaluation of Louisiana's Primacy Revision Application
    A. Background
    B. Environmental Justice in Class VI Permitting
    C. Summary of EPA's Comprehensive Evaluation
V. EPA's Proposed Action--Incorporation by Reference
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and 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
VII. References

I. Public Participation

A. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OW-2023-
0073, at https://www.regulations.gov (our preferred method), or the 
other methods identified in the ADDRESSES section. Once submitted, 
comments cannot be edited or removed from the docket. EPA may publish 
any comment received to its public docket. Do not submit to EPA's 
docket at https://www.regulations.gov any information you consider to 
be Confidential Business Information (CBI), Proprietary Business 
Information (PBI), or other information whose disclosure is restricted 
by statute. If you need to submit CBI, contact Lisa Pham, contact 
information available in the FOR FURTHER INFORMATION CONTACT section. 
Multimedia submissions (audio, video, etc.) must be accompanied by 
written comments. Written comments are considered the official comments 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the full EPA public comment 
policy; information about CBI, PBI, or multimedia submissions; and 
general guidance on making effective comments.

B. Participation in Public Hearing

    A public hearing will be held on June 15, 2023 at Louisiana 
Department of Natural Resources, LaBelle Hearing Room, 1st Floor, 
LaSalle Building, 617 North 3rd Street, Baton Rouge, LA 70802. For 
additional information regarding the public hearing, please contact 
Lisa Pham at (214) 665-8326 or [email protected].
    EPA will begin pre-registering speakers for the hearing upon 
publication of this document in the Federal Register. To register to 
speak at the hearing, please contact Lisa Pham at (214) 665-8326 or 
[email protected]. The last day to pre-register to speak at the hearing 
will be June 8, 2023. On

[[Page 28451]]

June 14, 2023, EPA will post a general agenda for the hearing that will 
list pre-registered speakers in approximate order at: https://www.epa.gov/uic/underground-injection-control-epa-region-6-ar-la-nm-ok-and-tx. EPA will make every effort to follow the schedule as closely as 
possible on the day of the hearing; however, please plan for the 
hearings to run either ahead of schedule or behind schedule. 
Additionally, requests to speak will be accepted the day of the hearing 
at the hearing registration desk. EPA will make every effort to 
accommodate all speakers who arrive and register, although it may not 
be possible to fulfill preferences on speaking times.
    EPA encourages commenters to provide EPA with a copy of their oral 
testimony electronically by emailing it to [email protected]. EPA also 
recommends submitting the text of your oral comments as written 
comments to the rulemaking docket.
    EPA may ask clarifying questions during the oral presentations but 
will not respond to the presentations at that time. Written statements 
and supporting information submitted during the comment period will be 
considered with the same weight as oral comments and supporting 
information presented at the public hearing.
    Please note that any updates made to any aspect of the hearing are 
posted online at: https://www.epa.gov/uic/underground-injection-control-epa-region-6-ar-la-nm-ok-and-tx. While EPA expects the hearing 
to go forward as set forth above, please monitor our website or contact 
Lisa Pham at (214) 665-8326 or [email protected] to determine if there 
are any updates. EPA does not intend to publish a document in the 
Federal Register announcing updates.
    EPA will not provide audiovisual equipment for presentations unless 
we receive special requests in advance. Commenters should notify Lisa 
Pham when they pre-register to speak that they will need specific 
equipment. If you require the services of an interpreter or special 
accommodations such as audio description, please pre-register for the 
hearing with Lisa Pham and describe your needs by June 8, 2023. EPA may 
not be able to arrange accommodations without advance notice.

C. Public Participation Activities Conducted by Louisiana

    In October 2020, the Louisiana Department of Natural Resources 
(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 email mailing list, and on LDNR's 
website to ensure statewide attention of the comment period and public 
hearing. 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 (EJ) 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 with EJ concerns. 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.

II. Introduction

A. UIC Program and Primary Enforcement Authority (Primacy)

    The Safe Drinking Water Act (also known as SDWA) was passed by 
Congress in 1974. It protects public health by regulating the nation's 
public drinking water supply, including both surface and groundwater 
sources. The SDWA requires EPA to develop requirements and provisions 
for the state and tribal Underground Injection Control (UIC) 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). 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 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 EPA that the 
applicant's Class VI program is as stringent as the Federal 
requirements and is protective of USDWs, including jurisdiction over 
underground injection and provisions for the necessary administrative, 
civil, and criminal enforcement penalty remedies under SDWA.
    EPA conducts a comprehensive technical and legal evaluation of each 
primacy application to assess and confirm that the proposed program is 
as stringent as the Federal regulations and to evaluate the 
effectiveness of the state's proposed program. Louisiana's application 
included the following elements: Louisiana's Class VI-related UIC 
statutes and regulations; documents describing the public participation 
process; 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; an Attorney General's statement of 
enforcement authority; and an addendum to the existing Memorandum of 
Agreement (MOA) between 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, is a 
promising tool for reducing the amount of carbon dioxide in the 
atmosphere. Class VI injection wells are regulated under an

[[Page 28452]]

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 
managerial 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 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 and 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 in each Class VI permit. A draft of each Class VI permit 
is 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 EPA under section 1422 of SDWA, 42 U.S.C. 300h-1, 
for primacy for Class VI injection wells located within the State, 
except those located on Indian lands.

III. Legal Authorities

    This regulation is proposed 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 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 EPA 
approval of their UIC programs. It also requires that states and tribes 
seeking approval demonstrate how the applicant (after public notice) 
will implement a UIC program which meets the requirements set forth 
under section 1421.
    For states and tribes that seek approval for UIC programs under 
section 1422 of SDWA and those seeking EPA approval of revisions to 
existing state and tribal UIC programs, 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 must meet to obtain 
primary enforcement authority. 40 CFR part 145 specifies the procedures 
EPA will follow in approving, revising, and withdrawing state programs 
and outlines the elements and provisions that a state must include in 
their application. It also includes requirements for state permitting 
programs (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.

IV. EPA's Evaluation of Louisiana's Primacy Revision Application

A. Background

    On September 17, 2021, Louisiana submitted to 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 from 
Louisiana includes 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, and an addendum to the existing MOA between Louisiana and 
EPA's Region 6 office. EPA reviewed the application for completeness 
and performed a technical evaluation of the application materials.

B. Environmental Justice in Class VI Permitting

    People across the country have shared with 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) directs 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 minority (people of color) and low-income 
populations. On December 9, 2022, EPA sent a letter to state governors 
recognizing the importance of developing and deploying clean energy 
technologies that capture and remove carbon from the atmosphere while 
mitigating impacts on vulnerable communities, and ensuring protection 
of underground drinking water sources. EPA called for states seeking 
primacy to incorporate EJ and equity into proposed UIC Class VI 
programs, including in permitting. EPA outlined a variety of 
approaches, such as 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 proposal, EPA worked with the State of 
Louisiana to adopt the environmental justice approaches encouraged in 
the letter, which Louisiana has incorporated into their primacy 
application. 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 December 9, 2022 letter. Louisiana's 
committed in its MOA addendum to adopt all the EJ elements described in 
the letter, including 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. More specifically, Louisiana also 
committed in the MOA addendum to examine the potential

[[Page 28453]]

risks of each proposed Class VI well to minority and low-income 
populations. 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. EPA supports LDNR's commitment in its Program Description to 
evaluate project sites using 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 site location and 
propose mitigating measures to ensure adverse environmental effects are 
minimized. EPA supports each of these efforts described in LDNR's 
program description.
    Based on its review of LDNR's MOA addendum and Program Description, 
EPA concludes that Louisiana has addressed all EJ elements that were 
discussed in the December 9, 2022, letter. EPA supports LDNR's 
agreement to adopt these approaches to protecting EJ communities. 
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.

C. Summary of EPA's Comprehensive Evaluation

    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 is as stringent as the Federal regulations 
and 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). EPA evaluated Louisiana's draft and final 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/or regulatory 
provisions. EPA worked with Louisiana to address any stringency issues 
with their draft and final Class VI regulations prior to submittal of 
the primacy application. The Agency also evaluated for stringency and 
effectiveness Louisiana's Class VI Program Description, the Attorney 
General's statement of enforcement authority, and the addendum to the 
MOA between EPA and Louisiana, describing the administration, 
implementation, and enforcement of Louisiana's UIC Class VI program.
    EPA evaluated Louisiana's program description against 40 CFR 
145.23, which lists all the information that must be submitted as part 
of the program description. EPA's evaluation of the program description 
includes reviewing the scope, structure, coverage, processes and 
organizational structure of the permitting authority. EPA evaluated 
LDNR's permitting, administrative and judicial review procedures and 
reviewed the permit application, reporting, and manifest forms. EPA 
also reviewed the State's compliance tracking and enforcement 
mechanisms. EPA evaluated LDNR's proposed schedule for issuing permits 
within the first 2 years after program approval. More specifically, EPA 
required Louisiana to demonstrate 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 and testing, financial responsibility, regulatory and risk 
analysis expertise.
    EPA evaluated Louisiana's Attorney General's statement against 40 
CFR 145.24 to ensure it met 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 EPA's 
regulatory requirements for UIC programs. 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 enforcement and information gathering requirements under SDWA.
    EPA evaluated Louisiana's MOA addendum against 40 CFR 145.25 to 
ensure it met Federal requirements. The MOA is the central agreement 
setting the provisions and arrangements between the state and EPA 
concerning the administration, implementation, and enforcement of the 
state UIC Program. EPA's evaluation includes ensuring that the MOA 
contains the necessary provisions pertaining to agreements on 
coordination, permitting, compliance monitoring, enforcement, and EPA 
oversight. For example, the MOA addendum specifies that LDNR and EPA 
agree to maintain a high level of cooperation and coordination to 
assure successful and efficient administration of the UIC Class VI 
program. EPA is aware that stakeholders have raised concern about 
Louisiana's long term liability provision in Louisiana Revised Statute 
(LA R.S.) 30:1109. 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, EPA and LDNR agree to coordinate prior to 
LDNR approving any site closure to ensure doing so is consistent with 
the requirements of the Federal Safe Drinking Water Act. EPA concludes 
that Louisiana's Class VI Program--implemented consistent with the MOA 
addendum--meets Federal requirements. EPA will also confirm that 
specific aspects of LA R.S. 30:1109 are consistent with EPA's 
interpretation.
    Louisiana has demonstrated that it has the legal authority to 
implement all permit requirements found in 40 CFR 145.11. Louisiana's 
UIC Class VI permitting provisions are as stringent as EPA's 
regulations in 40 CFR 124 and 144. The State has incorporated necessary 
procedures, pursuant to 40 CFR 145.12 to support a robust compliance 
evaluation program. Additionally, Louisiana has the necessary 
administrative, civil, and criminal enforcement penalty remedies 
pursuant to 40 CFR 145.13. 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 are as stringent as found in 40 CFR 
144.54 and 146.91 for Class VI wells. EPA is aware that stakeholders 
have raised concern that Louisiana's long term liability provision in 
LA R.S. 30:1109 undercuts the state's ability to meet the enforcement 
authority requirements at 40 CFR 145.13. EPA's interpretation is that 
Louisiana's enforcement authority related to Class VI meets Federal 
requirements if LDNR implements LA R.S. 30:1109 consistent with the MOA 
addendum. We are working with Louisiana to confirm that specific 
aspects of LA R.S. 30:1109 are consistent with our interpretation.
    As a result of this comprehensive review, EPA is proposing to 
approve

[[Page 28454]]

Louisiana's application because EPA has determined that the application 
meets all applicable requirements for approval under SDWA section 1422 
and the State is capable of administering a UIC Class VI program in a 
manner consistent with the terms and purposes of SDWA and all 
applicable UIC regulations.

V. EPA's Proposed Action--Incorporation by Reference

    EPA is proposing to approve 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 supporting documentation are publicly available in EPA's Docket No. 
EPA-HQ-OW-2023-0073. If finalized, this action would amend 40 CFR 
147.950 and incorporate by reference EPA-approved state statutes and 
regulations that contain standards, requirements, and procedures 
applicable to Class VI owners or operators. EPA will continue to 
administer the UIC program for Class I, II, III, IV, V and VI injection 
wells on Indian lands.
    If finalized, the provisions of Louisiana's statutes and 
regulations that contain standards, requirements, and procedures 
applicable to owners or operators of UIC Class VI wells would be 
incorporated by reference into 40 CFR 147.950. Provisions of 
Louisiana's statutes and regulations that contain standards, 
requirements, and procedures applicable to owners or operators of Class 
I, III, IV and V injection wells have already been incorporated by 
reference into 40 CFR 147.950. Any provisions incorporated by 
reference, as well as all permit conditions or permit denials issued 
pursuant to such provisions, are enforceable by EPA pursuant to section 
1423 of SDWA and 40 CFR 147.1(e).
    For clarity, EPA is reformatting the codification of EPA-approved 
Louisiana SDWA section 1422 UIC Program statutes and regulations for 
Well Classes I, III, IV, V and VI that are already incorporated by 
reference. Instead of codifying Louisiana statutes and regulations as 
separate paragraphs, EPA will be incorporating by reference a 
compilation that contains ``EPA-approved Louisiana statutes and 
regulations for Well Classes I, III, IV, V and VI.'' This notebook 
compilation will be incorporated by reference into 40 CFR 147.950 and 
the documents will be available at https://www.regulations.gov in the 
docket for this proposed rule. EPA will also codify a table listing 
EPA-approved Louisiana Statutes and Regulations for Well Classes I, 
III, IV, V and VI in 40 CFR 147.950, including those already 
incorporated by reference.
    Upon approval, EPA would oversee Louisiana's administration of 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. EPA will require quarterly reports of non-compliance and annual 
UIC performance reports pursuant to 40 CFR 144.8. The MOA addendum 
between EPA and Louisiana, signed by the Regional Administrator on 
March 3, 2023, articulates that 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, policies, and Federal law. In 
addition, the MOA addendum provides that EPA may request specific 
information including permits and the accompanying EJ reviews.

VI. Statutory and Executive Order 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 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and 
Budget (OMB) because OMB has exempted, as a category, the approval of 
state UIC programs.

B. Paperwork Reduction Act (PRA)

    This proposed action will not impose any new 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 UIC Regulations, and the 
State of Louisiana is not subject to the PRA.

C. Regulatory Flexibility Act (RFA)

    I certify that this proposed action will not have a significant 
economic impact on a substantial number of small entities under the 
RFA. This proposed action does not impose any requirements on small 
entities as this action approves an existing state program.

D. Unfunded Mandates Reform Act (UMRA)

    This proposed 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 proposed action imposes no 
enforceable duty on any state, local, or tribal governments or the 
private sector. EPA's proposed 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 proposed action does not have tribal implications as specified 
in Executive Order 13175. This proposed 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 proposed action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that 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 proposed 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 proposed 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 proposed action does not involve technical standards.

[[Page 28455]]

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs 
Federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations (people of color) and low-income 
populations.
    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 people of color, low-
income populations and/or Indigenous peoples because there currently 
are no Class VI wells permitted in Louisiana and because this is a 
procedural action. EPA has reviewed Louisiana's proposed approach to 
environmental justice, as outlined in the Program Description and MOA, 
and described in section IV.B of this preamble. EPA considers 
Louisiana's Class VI primacy application to fully integrate 
environmental justice and equity considerations into their UIC Class VI 
program, while ensuring protection of USDWs. This proposed action would 
provide Louisiana with primacy under SDWA section 1422 for a UIC Class 
VI program, pursuant to which Louisiana will be implementing a program 
that is as stringent as an EPA administered UIC Class VI program.

VII. References

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.
Memo from Environmental Defense Fund and Gupta Wessler PLLC to EPA 
related to Long Term Liability, March 2, 2023.
Letter from EPA to State Governors, December 9, 2022.
Letter from Governor of Louisiana to Regional Administrator, EPA 
Region VI, March 4, 2021.
Louisiana Administrative Code 43:XVIII.Chapter 36 (Statewide Order 
No. 29-N-6). Class VI Injection Well Regulations. January 2021.
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.
State of Louisiana. Summary Report of Public Comment Class VI 
Geologic Sequestration of Carbon Dioxide Office of Conservation 
Rules and Regulations LAC 43:XVII.Chapter 6 (Statewide Order 29-N-
6), April 21, 2021.
State of Louisiana. Comment Response Document. Class VI Geologic 
Sequestration of Carbon Dioxide Office of Conservation Rules and 
Regulations LAC 43:XVII.Chapter 6 (Statewide Order 29-N-6), December 
9, 2020.
State of Louisiana. Public Hearing and Rule Docket for the Class VI 
USEPA Primacy Application, July 6, 2021.
State of Louisiana. Public Hearing Transcript for the Class VI USEPA 
Primacy Application, July 6, 2021.
State of Louisiana. Compilation of Public Comments. Class VI 
Geologic Sequestration of Carbon Dioxide Office of Conservation 
Rules and Regulations LAC 43:XVII.Chapter 6 (Statewide Order 29-N-
6), August 12, 2021.
State of Louisiana Summary Report of Public Comment Class VI 
Geologic Sequestration of Carbon Dioxide Office of Conservation 
Rules and Regulations LAC 43:XVII.Chapter 6 (Statewide Order 29-N-
6), September 17, 2021.

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 proposes to amend 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;
0
b. Revising the introductory text and paragraph (a);
0
c. Adding paragraphs (b)(3) and (4), and (c)(4); and
0
d. 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 Department of Natural 
Resources, approved by EPA pursuant to SDWA section 1422. The effective 
date of this program is [DATE OF FINAL RULE PUBLICATION IN THE FEDERAL 
REGISTER]. 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. EPA-approved Louisiana statutes and 
regulations for Well Classes I, III, IV, V and VI, dated [date when EPA 
compiles the notebook] (as described in table 1 to this paragraph (a)) 
is incorporated by reference and made a part of the applicable UIC 
program under the SDWA for the State of Louisiana. This incorporation 
by reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This material is 
available for inspection at the EPA and the National Archives and 
Records Administration (NARA). Contact the EPA at: the Water Docket, 
EPA Docket Center (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave. 
NW, Washington, DC 20460; (202) 566-2426. For information on the 
availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The 
material may be obtained from or inspected at the Louisiana Department 
of Natural Resources (LDNR), Office of Conservation, Injection and 
Mining Division, LaSalle Building, 617 North Third Street, Room 817, 
Baton Rouge, LA 70802; (225) 342-5581.

[[Page 28456]]



Table 1 to Paragraph (a)--EPA-Approved Louisiana SDWA Sec.   1422 Underground Injection Control Program Statutes
                              and Regulations for Well Classes I, III, IV, V and VI
----------------------------------------------------------------------------------------------------------------
          State citation                Title/subject            State effective date         EPA approval date
----------------------------------------------------------------------------------------------------------------
Louisiana Revised Statutes          Minerals, Oil, and     1975 and Supp. 1982............  June 25, 1984.
 Annotated sections 30:1; 30:4;      Gas and
 30:6; 30:18; 30:22-23, and          Environmental
 30:1101 to 30:1111.                 Quality.
Underground Injection Control       Class I, III, IV and   February 20, 1982..............  June 25, 1984.
 Program Regulations for Class I,    V Injection Wells.
 III, IV, and V wells, (Statewide
 Order No. 29-N-1).
Louisiana Administrative Code       Drilling for and       August 26, 1974................  June 25, 1984.
 43:XIX.Chapters 1-5 (Statewide      Producing of Oil and
 Order No. 29-B).                    Gas in the State of
                                     Louisiana.
Louisiana Administrative Code       Hydrocarbon Storage    July 20, 1977..................  June 25, 1984.
 43:XVIII.Chapter 3 (Statewide       Wells in Salt Dome
 Order No. 29)..                     Cavities.
Louisiana Administrative Code       Class VI Injection     January 2021...................  [DATE OF FINAL RULE
 43:XVIII.Chapter 36 (Statewide      Wells.                                                  PUBLICATION IN THE
 Order No. 29-N-6).                                                                          FEDERAL REGISTER.]
----------------------------------------------------------------------------------------------------------------

    (b) * * *
    (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) 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. 2023-09302 Filed 5-3-23; 8:45 am]
BILLING CODE 6560-50-P