La. Admin. Code tit. 43 § XVII-211

Current through Register Vol. 50, No. 9, September 20, 2024

Section XVII-211 - Permitting Process

A. Applicability. This Section contains procedures for issuing UIC permits for Class I hazardous waste injection wells other than emergency (temporary) permits.

B. Application Submission and Review

1. Any person required to have a UIC permit shall submit an application to the Office of Conservation as outlined in §205

2. Check for completeness:

a. the commissioner shall not issue a permit before receiving an application form and any required supplemental information which are completed to his satisfaction;

b. each application for a permit submitted for a Class I hazardous waste injection well will be reviewed for completeness by the commissioner and the applicant will be notified of the commissioner's decision within 90 days of its receipt; and

c. for each application for a Class I hazardous waste injection well permit, the commissioner shall, no later than the date the application is ruled complete, prepare and mail to the applicant a project decision schedule. The schedule shall specify target dates by which the commissioner intends to:

i. prepare a draft permit;

ii. give public notice;

iii. complete the public comment period, including any public hearing; and

iv. issue a final permit.

3. Incomplete Applications

a. If the application is incomplete, the commissioner shall list in the notification in §211. B.2 b, the information necessary to make the application complete. The commissioner shall notify the applicant when an application is complete. The commissioner may request additional information from an applicant only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete.

b. If an applicant fails or refuses to correct deficiencies found in the application, the permit may be denied and, for existing wells, appropriate enforcement actions may be taken under the applicable statutory provision.

4. If the commissioner decides that a site visit is necessary for any reason in conjunction with the processing of an application, he shall notify the applicant, state the reason for the visit, and a date shall be scheduled.

C. Draft Permits

1. Once an application is complete, the commissioner shall prepare a draft permit or deny the application.

2. The applicant may appeal the decision to deny an application in a letter to the commissioner who may then call a public hearing through the provisions of §211. G l

3. If the commissioner prepares a draft permit, it shall contain the following information where appropriate:

a. all conditions under §207 and 209;

b. all compliance schedules under §207 N; and

c. all monitoring requirements under applicable paragraphs in §209

4. All draft permits prepared under this Section may be accompanied by a fact sheet (§211 D), and shall be publicly noticed (§211 E), and made available for public comment (§211 F)

D. Fact Sheet

1. A fact sheet shall be prepared for every draft permit for all major facilities or activities and for every draft permit which the commissioner finds is the subject of wide-spread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permits. The commissioner shall send this fact sheet to the applicant and, on request, to any other person.

2. The fact sheet shall include, when applicable:

a. a brief description of the type of facility or activity which is the subject of the draft permit;

b. the type and quantity of wastes, fluids, or pollutants which are proposed to be or are being injected;

c. a brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions;

d. reasons why any requested variances or alternatives to required standards do or do not appear justified;

e. a description of the procedures for reaching a final decision on the draft permit including:

i. the beginning and ending dates of the comment period under §211. F and the address where comments will be received;

ii. procedures for requesting a hearing and the nature of that hearing; and

iii. any other procedures by which the public may participate in the final decision;

f. name and telephone number of a person to contact for information.

3. A copy of the fact sheet shall be mailed to all persons identified in §211. E.a i, ii and iii.

E. Public Notice of Permit Actions and Public Comment Period

1. Scope

a. The commissioner shall give public notice that the following actions have occurred:

i. a draft permit has been prepared under §211 C; and

ii. a hearing has been scheduled under §211 G

b. No public notice is required when a request for permit modification, revocation and reissuance, or termination is denied under §213 Written notice of that denial shall be given to the requester and to the permittee.

c. Public notices may describe more than one permit or permit action.

2. Timing

a. Public notice of the preparation of a draft permit required under §211. E shall allow 30 days for public comment.

b. Public notice of a public hearing shall be given 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.

3. Methods. Public notice of activities described in §211. E.l.a shall be given by the following methods:

a. by mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this Paragraph may waive his rights to receive notice):

i. the applicant;

ii. any other agency which the commissioner knows has issued or is required to issue a permit for the same facility or activity (including EPA);

iii. federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, the State Archeological Survey and Antiquities Commission, the Department of Environmental Quality, the Department of Justice, and other appropriate government authorities, including any affected states; and

iv. persons on a UIC mailing list;

b. for noncommercial Class I hazardous waste injection well permits, publication of a notice in a daily or weekly newspaper within the area affected by the facility or activity;

c. in a manner constituting legal notice to the public under state law; and

d. any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

4. Contents

a. All Public Notices. Public notices issued under this Section shall contain the following information:

i. name and address of the Division of the Office of Conservation processing the permit action for which notice is being given;

ii. name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

iii. a brief description of the business conducted at the facility or activity described in the permit application;

iv. name, address, and telephone number of a person from whom interested persons may obtain copies of the draft permit, and the fact sheet, and further information concerning the application;

v. a brief description of the comment procedures required by §211. F and the time and place of any hearing that will be held, including a brief statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision; and

vi. location of the proposed injection well or activity, the depth of the proposed injection zone, the depth of the base of the lowermost underground source of drinking water, and the list of waste and volumes proposed to be injected;

vii. any additional information considered necessary or proper.

b. Public Notices for Hearings. In addition to the general public notice described in §211. E.4 a, the public notice of a hearing under §211. G shall contain the following information:

i. reference to the date of previous public notices relating to the permit;

ii. date, time, and place of the hearing; and

iii. a brief description of the nature and purpose of the hearing including the applicable rules and procedures.

c. Public hearings are required for all applications for new commercial Class I hazardous waste injection wells. The method and content of public notices for such hearings are as follows.

i. Applicants for new commercial Class I hazardous waste injection wells shall give public notice of a scheduled and required public hearing on three separate days within a period of 30 days prior to the scheduled hearing, with at least five days between each publication of notice, both in the official state journal and in the official journal of the parish in which the well is located.

ii. Applicants for commercial Class I hazardous waste injection wells shall also be required to place an advertisement in the official state journal and in the official journal of the parish in which the well is to be located, but not in the classified or public notice section of the newspapers, in a form which shall not be less than one-half page in size and printed in bold face type. Such notice shall inform the public that application for a permit has been made to the Office of Conservation for a new commercial Class I hazardous waste injection well. The notice shall also contain the information required in §211. E.4.a and b.

F. Public Comments and Requests for Public Hearings. During the public comment period provided under §211. E any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in §211 H

G. Public Hearings

1. The commissioner shall hold a public hearing whenever he finds, on the basis of requests, a significant degree of public interest in (a) draft permit(s). The commissioner also may hold a public hearing at his discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the permit decision. Public notice of the hearing shall be given as specified in §211 E

2. Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. The public comment period under §211. E shall automatically be extended to the close of any public hearing under this Subsection. The hearing officer may also extend the comment period by so stating at the hearing.

3. A tape recording or written transcript of the hearing shall be made available to the public.

H. Response to Comments

1. At the time that any final permit is issued the commissioner shall issue a response to comments. This response shall:

a. specify which provisions if any, of the draft permit have been changed in the permit decision and the reasons for the change; and

b. briefly describe and respond to all significant comments on the draft permit or the permit application raised during the public comment period, or during any hearing.

2. The response to comments shall be available to the public.

I. Permit Issuance and Effective Date

1. After closure of the public comment period, including any public hearing, under §211. E on a draft permit, the commissioner shall issue a final permit decision within 90 days.

2. A final permit decision shall become effective on the date of issuance.

3. Approval or the granting of a permit to drill and construct a Class I hazardous waste injection well shall be valid for a period of one year and if construction has not been completed in that time, then the permit shall be null and void. The permittee may request an extension of this one year requirement; however, the commissioner shall approve the request for extenuating circumstances only.

La. Admin. Code tit. 43, § XVII-211

Promulgated by the Department of Natural Resources, Office of Conservation, LR 15:978 (November 1989).

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