Primacy for Louisiana: Bury the Carbon Dioxide Not the Lede

May 03, 2023

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by Jack Andreasen (Carbon Miners Club) Huge news last week in the carbon management world as Louisiana was granted primacy over their Class VI wells, joining North Dakota and Wyoming in that distinction. This comes after two years since the formal submission of the application in 2021. As a reminder, most states have primacy over some of their injection wells, with many having primacy over classes I-V.

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In 2010, the Environmental Protection Agency (EPA) established the Class VI well program to provide specific CO2 injection and storage regulations in deep geological formations. The Class VI well program requires a comprehensive permitting process, including site characterization, well design, and long-term monitoring to ensure that the storage of CO₂is safe and environmentally sound.

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Louisiana's recent designation as a Class VI primacy state means it is now responsible for implementing and enforcing the Class VI well program within its borders. This designation is significant because it allows Louisiana to tailor the Class VI well program to its unique geological characteristics and regulatory framework. This will enable Louisiana to facilitate CCUS and DAC projects within the state more efficiently and effectively.

Primacy is vital for a number of reasons, and emissions reduction potential is the highest on that list. The state has a robust and critical industrial sector which accounts for two-thirds of the state’s emissions. CCUS provides a pathway to many industrial sectors which use fossil fuels as feedstocks and/or thermal energy for decarbonization. It’s also beneficial for the proposed DAC hub application, which gives the state another tool in the net-zero tool kit.

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The program will also continue communicating with the federal EPA about the injection program, its funding, resources, permitting practices, etc.

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The designation will provide more certainty and efficiency in the regulatory process for CCUS projects within Louisiana's borders, it signals to the market that Louisiana is a place where effective carbon management is encouraged and available, and it will also serve as a model for other states to follow in pursuing Class VI primacy. Administrator Regan noted that in his earlier response to the application moving forward, especially the environmental justice provisions.

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Comments:

Mark Jones

5 hr agoLiked by Jack Andreasen

Jack, I don't think Louisiana has technically gotten primacy yet. From the EPA's website "EPA is proposing to approve Louisiana’s application because EPA has determined, subject to public comment, that the application meets all applicable requirements for approval." There is still a period for public comment and a public meeting and then the primacy app can be finally approved.

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Jack Andreasen

5 hr agoAuthor

True, although the decision being reversed based on public comments would be unprecedented and a political nightmare.

Regan comments on E15, CCS permitting during Senate hearing (Ethanol Producer Magazine)

EPA proposal advances La. bid to oversee CO2 wells -- If finalized, the rule would make Louisiana the third state to gain primary enforcement authority over the wells used to inject carbon dioxide underground. (Politico Pro)

Excerpt from Ethanol Producer Magazine: Members of the committee also questioned Regan on permitting for Class VI CCS injection wells and states’ efforts to achieve primary regulatory authority (primacy) over Class VI injection wells located within their states. Under current regulations, the EPA is the acting regulatory authority with regard to Class VI wells in all states except those that have been granted primacy. States must apply for primacy and prove that their Class VI regulations are at least as stringent as federal standards. North Dakota became the first state to be granted primacy in 2018, followed by Wyoming in 2020. The EPA on April 28 announced its intent to grant primacy to Louisiana as well.

Sen. Shelley Moore Capito, R-W.V., noted that at approximately 70 individual permit applications are currently pending with the EPA for Class VI injection wells. She asked Regan what measures the agency is taking to ensure those permits are prioritized and processed in a timely manner, noting that states that have been issued primacy are able to move through the Class VI permitting process much more quickly.

Regan confirmed that Class VI well application are a priority for the EPA. “I think the president has indicated that CCS is something that this administration supports,” he said. “We’ve learned a lot of lessons from state’s like North Dakota,” he added, noting that Louisiana’s primacy will serve as a model for other states that choose to move forward with that process. He said uniformity ensuring states submit similar applications will allow for expedited processing.

A full replay of the hearing is available on the Senate Appropriations Committee website. READ MORE