
[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]
BILLING CODE 6560-50-P


