[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Proposed Rules]
[Pages 55610-55611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17517]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2023-0073; FRL 9916-03-OW]
State of Louisiana Underground Injection Control Program; Class
VI Program Revision Application; Notice of Availability of New
Information
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability; request for comment.
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SUMMARY: This document supplements the proposed ``State of Louisiana
Underground Injection Control Program; Class VI Program Revision
Application'' rule of May 4, 2023, to approve 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).
On June 30, 2023, the Louisiana Department of Natural Resources (LDNR)
supplemented its Class VI primacy application to include Act No. 378
(HB 571), which revised portions of Louisiana 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 EPA's proposal. This document
presents and requests public comment on LDNR's supplement to its
application, which was not available in the docket EPA-HQ-OW-2023-0073
at the time of the Environmental Protection Agency's (EPA) May 4, 2023,
proposal.
DATES: Comments must be received on or before September 15, 2023.
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.-4:30 p.m.,
Monday-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), 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:
[email protected].
SUPPLEMENTARY INFORMATION:
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. The 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 a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The 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
[[Page 55611]]
EPA public comment policy; information about CBI, PBI, or multimedia
submissions; and general guidance on making effective comments.
II. General Information
This document presents LDNR's supplement to its primacy application
regarding Louisiana State Act No. 378. This act was signed into law and
went into effect on June 14, 2023, during the comment period for EPA's
proposed rulemaking, ``State of Louisiana Underground Injection Control
Program; Class VI Program Revision Application'' (88 FR 28450, May 4,
2023). LDNR thereafter supplemented its Class VI primacy application to
incorporate the new act, which revised portions of Louisiana law
relevant to LDNR's Class VI primacy application. In LDNR's letter
supplementing its application, LDNR stated that it found that Act 378
had no substantive impact on its pending application. The purpose of
this document is to provide public notice and the opportunity for
comment specific to LDNR's supplement to its primacy application
regarding Louisiana State Act No. 378, which was not available for
public review and comment at the time of the proposal. EPA is not
reopening the overall comment period for the Agency's proposed approval
of Louisiana's Class VI primacy application. EPA continues to review
the comments received on the Agency's proposed approval and will
address those comments and the comments submitted in response to this
document in the final action.
Act 378 revised portions of Louisiana law relevant to LDNR's Class
VI primacy application. For instance, it codified a parish notification
requirement for permit applications for Class VI wells (and Class V
wells related to geologic sequestration of carbon dioxide). It also
codified Class VI quarterly and twenty-four-hour reporting
requirements. It also revised Louisiana's long term liability provision
in Louisiana Revised Statute (LA R.S.) 30:1109. As mentioned in the May
4, 2023, proposal, EPA is aware that stakeholders have raised concerns
about this provision. EPA has reviewed Act 378, including its revisions
to the long-term liability provision at LA R.S. 30:1109, and continues
to propose approving Louisiana's application for Class VI primacy. EPA
has determined that the application as supplemented continues to meet
all applicable requirements for approval under SDWA section 1422.
Persons interested in the Class VI UIC program established by the
State of Louisiana, and its proposed incorporation under Section 1422
of the SDWA are encouraged to read the new information presented and
respond to this document. Additionally, owners and operators, States,
Tribes, and State co-regulators involved in geologic sequestration
activities in Louisiana may also wish to comment on this publication.
EPA is not reopening the overall comment period for the Agency's
proposed approval of Louisiana's Class VI primacy application. EPA
continues to review the comments received on the Agency's proposed rule
approval and will address those comments and the comments submitted in
response to this document in the final action.
Radhika Fox,
Assistant Administrator.
[FR Doc. 2023-17517 Filed 8-15-23; 8:45 am]
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