Carbon Capture, Utilization, And Storage – Louisiana Obtained State Primacy For Class VI Wells

On December 28, 2023, the U.S. Environmental Protection Agency (EPA) signed a final rule granting Louisiana primary responsibility over Class VI wells in its state under the Underground Injection Control (UIC) Program, which regulates the injection and long-term storage of carbon dioxide (CO2) into deep rock formations. Louisiana is now the third state to obtain primacy over UIC Class VI wells.

Background on UIC Program

Pursuant to the UIC program, EPA has promulgated regulations and established minimum federal requirements for six classes of injection wells (Class I to Class VI). EPA has designated each well class based on the type and depth of the injection activity and the potential for the injection activity to impact underground sources of drinking water. For instance, "Class II wells are used only to inject fluids associated with oil and natural gas production" for purposes of either disposal, enhanced oil recovery (EOR), or hydrocarbon storage; and Class