EPA approves Louisiana state authority over wells and underground CO2 sequestration

The U.S. Environmental Protection Agency (EPA) recently granted Louisiana’s Office of Conservation state authority over the permitting and regulation of its wells and projects related to the underground sequestration of CO2. 

Permitting of those operations is generally handled by the EPA, but it can authorize individual states to take over if they create a regulatory framework that matches or exceeds the EPA’s Class VI standards.

“Finding alternative means of harnessing our traditional fuel sources at the same time we expand our options for alternative fuel sources to the point they are market-ready, available and affordable is probably the great challenge of our generation and some of the most important work we can do for future generations,” Gov. John Bel Edwards said. “While CO2 sequestration is not the only strategy available for carbon management, it is the most mature and market-ready tool available in the near term.”  

The December announcement followed months of public comment, after the state Legislature adjusted Louisiana’s laws in 2019 to bring it in line with federal requirements and the Office of Conservation’s Injection and Mining Division (IMD) spent two years working on a package of CO2 sequestration regulations. Among those regulations were commitments to not grant waivers for injection depth requirements, prohibiting sequestration of CO2 in salt caverns and not issuing area permits for multiple wells at once. 

Sequestration as a process sees injection wells used to store CO2 underground, using layers of earth such as shale to prevent upward migration of the injected gasses. As such, items like the thickness of confining layers, possibility of horizontal migration and others are critical sticking points. 

With its state primacy over the issue assured, though, Edwards signaled his view that Louisiana could become a hub for Carbon Capture and Sequestration (CCS) projects going forward. As part of the process, the Louisiana DNR will reach out to EPA Region 6 to discuss turnover of more than 20 Class VI applications already in process in the state under the EPA’s own permitting process.