The State of Louisiana submitted its initial application for Class VI Primacy in the Spring of 2021. On December 28, 2023 the Environmental Protection Agency (EPA) signed the final rule on the State of Louisiana Underground Injection Control Program; Class VI Primacy, which gave the State of Louisiana oversight over permitting carbon sequestration wells in Louisiana, other than on Federal or Indian lands.

This will allow the Louisiana Department of Natural Resources, instead of the EPA, to issue Class VI well permits (under Class VI of the Safe Drinking Water Act Underground Injection Control program) for applicants to be able to inject carbon dioxide (“CO2”) into dedicated sequestration wells. Louisiana’ primacy is expected to expediate approval of such permits and the development of carbon capture storage projects in Louisiana.

Previously, only the States of North Dakota and Wyoming had been granted primacy.  Other states, such as Texas, have also applied to the EPA for primacy, but it is unclear whether and at what time the EPA might grant primacy to such states.