EPA Approves Class VI Primacy In Louisiana

On December 28, 2023, EPA approved Louisiana's application to assume primary enforcement authority (primacy) for carbon sequestration injection wells, known as "Class VI" wells under the EPA's Underground Injection Control program. This approval comes over two years after Louisiana's application was filed in September 2021. Louisiana will become the third state to receive Class VI primacy, following North Dakota (2018) and Wyoming (2020).

To date, states with primacy have been able to review and issue Class VI permits on a much quicker pace than the federal EPA. North Dakota has issued Class VI permits to five CCS projects since receiving primacy, and Wyoming issued permits to its first CCS project earlier this month. The permit review period for these state-administered programs is often less than one year. In contrast, EPA estimates a permit review period of over two years and has issued permits to only two projects since the inception of the Class VI program in