La. Admin. Code tit. 43 § XVII-105

Current through Register Vol. 50, No. 12, December 20, 2024

Section XVII-105 - Permit Application Requirements

A. Applicability. The rules and regulations of this Section apply to all Class I and III injection wells or project applications required to be filed with the Department of Natural Resources (Office of Conservation) for authorization under R.S. 1950 Title 30.

B. Application Required

1. Permit Application. New applicants, permittees with expiring permits, and any person required to have a permit shall complete, sign, and submit an application in triplicate to the commissioner as described in this Section. Persons currently authorized with interim status under the Resource Conservation and Recovery Act (RCRA) or authorized by rule shall apply for permits when required by the commissioner (see §105. B 2

2. Time to Apply. Any person who performs or proposes an underground injection for which a permit is or will be required shall submit an application to the commissioner as follows:

a. for existing Class I and III wells or projects no later than four years after inauguration of the UIC program and according to the schedule of repermitting established by the commissioner;

b. for existing Class I commercial facilities injecting hazardous waste, within six months of the effective date of the UIC program;

c. for new Class I injection wells, a reasonable time before construction is expected to begin; or

d. for new Class III injection wells, except new wells covered by an existing area permit, a reasonable time before construction is expected to begin.

C. Who Applies. It is the duty of the owner of a facility or activity to submit an application for permit. When a facility is owned by one person and operated by another, it is the operator's duty to obtain a permit.

D. Signature Requirements for Applications

1. All permit applications shall be signed as follows:

a. for a corporation: by a principal executive officer of at least the level of vice-president, or a duly authorized representative of that person if the representative performs similar policy-making functions for the corporation. A person is a duly authorized representative only if:

i. the authorization is made in writing by a principal executive officer of at least the level of vice-president;

ii. the authorization specifies either an individual or a position have responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and

iii. the written authorization is submitted to the commissioner;

b. for partnership or sole proprietorship, by a general partner or the proprietor, respectively; or

c. for a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official.

2. If an authorization under §105. D.1 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the signature requirements must be submitted to the commissioner prior to or together with any reports, information or applications to be signed by an authorized representative.

3. Certification. Any person signing a document under §105. D.1 shall make the following certification:

I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

E. Application Contents for Class I Wells. All applicants for Class I permits shall provide the following information to the commissioner, using the application form provided:

1. administrative information;

a. the name, mailing address, and location of the facility for which the application is submitted;

b. ownership status as federal, state, private, public, or other entity;

c. the operator's name, address and telephone number;

d. a brief description of the nature of the business associated with the facility;

e. the activity or activities conducted by the applicant which require the applicant to obtain a permit under these regulations;

f. up to four SIC Codes which best reflect the principle products or services provided by the facility;

g. a listing of all permits or construction approvals which the applicant has received or applied for under any of the following programs and which specifically affect the legal or technical ability of the applicant to undertake the activity or activities to be conducted under the permit filed here for:

i. the Louisiana Hazardous Waste Management Program;

ii. this or any other Underground Injection Control Program;

iii. NPDES Program under the Clean Water Act;

iv. Prevention of Significant Deterioration (PSD) Program under the Clean Air Act;

v. Nonattainment Program under the Clean Air Act;

vi. National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act;

vii. Ocean Dumping Permit under the Marine Protection Research and Sanctuaries Act;

viii. dredge or fill permits under Section 404 of the Clean Water Act; and

ix. other relevant environmental permits, including, but not limited to any state permits issued under the Louisiana Coastal Resources Program, the Louisiana Surface Mining Program or the Louisiana Natural and Scenic Streams System;

h. jurisdiction:

i. whether the facility is located on Indian lands or other lands under the jurisdiction or protection of the federal government;

ii. whether the facility is located on state water bottoms or other lands owned by or under the jurisdiction or protection of the state;

2. maps and related information for new and existing wells;

a. one or more maps, preferably USGS topographic map(s), with a scale of 1:24,000 showing the property boundaries of the facility, each injection well for which a permit is sought and the area of review as described in §109. A 2;

i. the map(s) must show the section, township and range of the area in which the activity is located and any parish, city or municipality boundary lines within 1 mile of the injection well;

ii. within the area of review the map(s) must show the name and/or number and location of all injection wells, producing wells, abandoned wells, dry holes, surface bodies of water, springs, mines (surface and subsurface), quarries, public water systems, water wells (public and private) and other pertinent surface features including residences and roads;

iii. the map(s) should also show faults if known or projected;

iv. only information of public record is required to be included on the map(s); however, the applicant is required to undertake a diligent search to locate all water wells not listed in the public record;

b. generalized maps and cross sections illustrating the regional geology and hydrology;

c. maps and cross-sections to the necessary scale to detail the local geology and hydrology (2-mile radius of well minimum);

d. any other information required by the commissioner to evaluate the proposed well;

3. technical information for new wells, and:

a. a tabulation of data on all wells within the area of review which penetrate the proposed injection zone. Such data shall include a description of each well's type, construction, date drilled, location, depth, record of plugging and/or completion, and any additional information the commissioner may require;

b. proposed operating data:

i. average and maximum daily rate and volume of the injection fluid;

ii. average and maximum injection pressure; and

iii. source and an analysis of the chemical, physical, and biological characteristics of the injection fluid;

c. proposed formation testing program to obtain an analysis of the physical and chemical characteristics of the receiving formation;

d. proposed stimulation program;

e. proposed injection procedures (including storage and pre-injection treatment of the waste stream, and well use schedule);

f. schematic or other appropriate drawings of the surface (well head and related appurtenances) and subsurface construction details of the system;

g. plans (including maps) for meeting the monitoring requirements of §109. A 7;

h. construction procedures including a cementing and casing program, logging procedures, deviation checks, and a drilling, testing, and coring program;

i. contingency plans to cope with all shut-ins or well failures so as to prevent the migration of the contaminating fluids into underground sources of drinking water;

j. a certificate that the applicant has assured, through a performance bond or other appropriate means, the resources necessary to close, plug or abandon the well as required by §109. A 10 and 107.C;

k. for wells within the area of review which penetrate the injection zone but are not properly completed or plugged, the corrective action proposed to be taken under §109. A 3;

l. calculation of the pressure increase in the proposed injection zone for a time period equal to the expected life of the well, preferably using Matthews and Russell, 1967 Pressure Buildup and Flow Tests in Wells, American Institute of Mining, Met. Eng. Monograph, Vol. 1);

m. calculation of the expected waste front travel using a model acceptable to the commissioner. A conservative value can be calculated by using the following formula:

Click Here To View Image

where:

r = radial distance of wastewater front from well;

v = cumulative volume of injected wastewater;

b = effective reservoir thickness;

ø = average effective porosity;

(Warner, D.L. and Lehr, J.H., An Introduction to the Technology of Subsurface Wastewater Injection, Robert S. Kerr Environmental Research Laboratory (EPA) Research Report, 1977)

n. any other information required by the commissioner to evaluate the proposed well;

4. technical information for existing wells:

a. a tabulation of data on all wells within the area of review and which penetrate the injection zone, (see §105. E.3 a);

b. operating data as required in §105. E.3 b;

c. formation testing results if performed prior to well operation;

d. stimulation program;

e. description of injection procedures (including storage and pre-injection treatment of the waste stream and well use schedule);

f. schematic or other appropriate drawings of the surface (wellhead and related appurtenances) and subsurface construction details of the system;

g. monitoring equipment as required in §109;

h. contingency plans as required in §105. E 3;

i. a plugging and abandonment certificate as required in §105. E 3;

j. proposed corrective action as required in §105. E.3 k;

k. calculation of the pressure increase in the injection zone as required in §105. E 3;

l. calculation of the waste front travel as required in §105. E 3;

m. measurement of bottomhole pressure and temperature at the time of repermitting or during the next workover operation;

n. a graphic presentation of the well's operational history consisting of the following:

i. a plot of representative values of injection pressure and injection rate versus time, from date of initial injection to the present (indicate cumulative volume);

ii. a plot of measured bottomhole pressure versus date if such measurements were made;

iii. indications of any workovers and associated problems, stimulations, waste stream changes and other events that would have a bearing on the well's performance, especially:

(a). any change of injection interval; or

(b). any other information the permittee or commissioner may consider useful;

o. copies of all logs and tests run during construction and subsequent operation of the well, including mechanical integrity tests;

p. a summary analysis of the data provided in §105. E 4; and

q. any other information required by the commissioner to evaluate the existing well.

F. Application Content for Class III Wells. Prior to the issuance of a permit for an existing Class III well or area to operate or the construction of a new Class III well the commissioner shall consider the following information (provided on the application form):

1. administrative information:

a. the name, mailing address, and location of the facility for which the application is submitted;

b. ownership status as federal, state, private, public, or other entity;

c. the operator's name, address and telephone number;

d. a brief description of the nature of the business associated with the activity;

e. the activity or activities conducted by the applicant which require the applicant to obtain a permit under these regulations;

f. up to four SIC Codes which best reflect the principal products or services provided by the facility;

i. the Louisiana Hazardous Waste Management Program;

ii. this or any other Underground Injection Control Program;

iii. NPDES Program under the Clean Water Act;

iv. Prevention of Significant Deterioration (PSD) Program under the Clean Air Act;

v. Nonattainment Program under the Clean Air Act;

vi. National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act;

vii. Ocean Dumping Permit under the Marine Protection Research and Sanctuaries Act;

viii. dredge or fill permits under Section 404 of the Clean Water Act; and

h. jurisdiction:

i. whether the facility is located on Indian lands or other lands under the jurisdiction or protection of the federal government; or

ii. whether the facility is located on state water bottoms or other lands owned by or under the jurisdiction or protection of the state;

2. maps and related information:

a. a topographic or other map extending 1 mile beyond the property boundaries, depicting the facility and each well where fluids are injected underground; and those wells, springs, or surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant in the map area;

b. the section, township and range of the area in which the activity is located and any parish, city or municipality boundary lines within 1 mile of the activity location;

c. a map showing the injection well or project area for which the permit is sought and the applicable area of review. Within the area of review, the map must show the number, or name, and location of all existing producing wells, injection wells, abandoned wells and dry holes, public water systems and water wells. The map may also show surface bodies of water, mines (surface and subsurface), quarries, and other pertinent surface features including residences and roads, and faults if known or projected. Only information of public record and pertinent information known to the applicant is required to be included on this map;

d. maps and cross sections indicating the vertical limits of all underground sources of drinking water within the area of review, their position relative to the injection formation, and the direction of water movement, where known, in every underground source of drinking water which may be affected by the proposed injection;

e. generalized map and cross sections illustrating the regional geologic setting;

f. maps and cross sections detailing the geologic structure of the local area; and

g. any other information required by the commissioner to evaluate the proposed well or project;

3. technical information for new wells:

a. a tabulation of data reasonably available from public records or otherwise known to the applicant on all wells within the area of review which penetrate the proposed injection zone. Such data shall include a description of each well's type, construction, date drilled, location, depth, record of plugging and/or completion, and any additional information the commissioner may require. In cases where the information would be repetitive and the wells are of similar age, type, and construction, the commissioner may elect to only require data on a representative number of wells;

i. proposed operating data:

(a). average and maximum daily rate and volume of fluid to be injected;

(b). average and maximum injection pressure; and

(c). qualitative analysis and ranges in concentrations of all constituents of injected fluids. The applicant may request confidentiality;

ii. if the information is proprietary an applicant may, in lieu of the ranges in concentrations, choose to submit maximum concentrations which shall not be exceeded. In such a case the applicant shall retain records of the undisclosed concentrations and provide them upon request to the commissioner as part of any enforcement investigation;

c. proposed formation testing program to obtain the information required by §109. B.4.c and d;

d. proposed stimulation program;

e. proposed injection procedure;

f. schematic or other appropriate drawings of the surface and subsurface construction details of the system;

g. plans (including maps) for meeting the monitoring requirements of §109. B 7;

h. expected changes in pressure, native fluid displacement, and direction of movement of injection fluid;

i. contingency plans to cope with all shut-ins or well failures so as to prevent the migration of the contaminating fluids into underground sources of drinking water;

k. for wells within the area of review which penetrate the injection zone but are not properly completed or plugged, the corrective action proposed to be taken under §109. B 3

G. Recordkeeping of Application Information. The applicant shall keep records of all pertinent data used to complete the permit applications and any supplemental information submitted under these regulations for a period of at least three years from the date the application is signed.

H. Confidentiality of Information. Information obtained by any rule, regulations, order, or permit term or condition adopted or issued here-under, or by any investigation authorized thereby, shall be available to the public, unless nondisclosure is requested in writing and such information is determined by the commissioner to require confidentiality to protect trade secrets, processes, operations, style of work, apparatus, statistical data, income, profits, losses, or in order to protect any plan, process, tool, mechanism, or compound; provided that such nondisclosure shall not apply to information that is necessary for use by duly authorized officers or employees of state or federal government in carrying out their responsibilities under these regulations or applicable federal or state law. If no claim is made at the time of submission, the commissioner may make the information available to the public without further notice.

1. Claims of confidentiality for the following information will be denied:

a. the name and address of any permit applicant or permittee; and

b. information which deals with the existence, absence, or level of contaminants in drinking water.

I. Filing Fee. Each application shall be accompanied by a per well, nonrefundable filing fee as required by Statewide Order No. 29-R-00/01 (LAC XIX.Chapter 7) or successor document.

La. Admin. Code tit. 43, § XVII-105

Promulgated by the Department of Natural Resources, Office of Conservation, LR 8:83 (February 1982), LR 27:1699 (October 2001).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:1 D, 4C(16), and 4.1.