La. Admin. Code tit. 43 § XVII-603

Current through Register Vol. 50, No. 11, November 20, 2024

Section XVII-603 - General Provisions

A. Applicability. These rules and regulations apply to all owners and operators of proposed and existing Class VI injection wells and projects in the state of Louisiana.

1. The commissioner shall administer the provisions of Act 517 and these regulations promulgated thereunder for geologic sequestration of carbon dioxide.

2. The provisions of this Chapter only apply to geologic sequestration of carbon dioxide in underground reservoirs as defined in §601 above. The geologic sequestration of carbon dioxide is not permitted in solution-mined salt caverns under these provisions.

3. This provisions of this Chapter also apply to owners or operators of permit- or rule-authorized Class I, Class II, or Class V experimental carbon dioxide injection projects who seek to apply for a Class VI geologic sequestration permit for their well or wells. Owners or operators seeking to convert existing Class I, Class II, or Class V experimental wells to Class VI geologic sequestration wells must demonstrate to the commissioner that the wells were engineered and constructed to meet the requirements at §617.A.1 and ensure protection of USDWs, in lieu of requirements at §617.A.2 By December 10, 2011, owners or operators of either Class I wells previously permitted for the purpose of geologic sequestration or Class V experimental technology wells no longer being used for experimental purposes that will continue injection of carbon dioxide for the purpose of GS must apply for a Class VI permit. A converted well must still meet all other requirements under this Chapter.

B. Prohibition of Unauthorized Injection. Any underground injection, except as authorized by a permit or rule, is prohibited after the effective date of these regulations. Construction or operation of any well required to have a permit under these regulations is prohibited until the permit has been issued.

1. Any underground injection that violates any rule of this Chapter is subject to enforcement action.

C. Classification of Injection Wells

1. Class VI. Wells not experimental in nature that are used for geologic sequestration of carbon dioxide beneath the lowermost formation containing a USDW; or wells used for geologic sequestration of carbon dioxide that have received an expansion to the areal extent of an existing Class II enhanced oil recovery or enhanced gas recovery aquifer exemption pursuant to the appropriate parts of §603 F

a. During initial Class VI program development, the commissioner shall not expand the areal extent of an existing Class II enhanced oil recovery or enhanced gas recovery aquifer exemption for Class VI injection wells, and the USEPA shall not approve a program that applies for aquifer exemption expansions of Class II to Class VI exemptions as part of the program description. All Class II to Class VI aquifer exemption expansions previously issued by USEPA must be incorporated into the Class VI program descriptions pursuant to requirements at 40 CFR 145.23(f)(9).

2. Prohibition of Non-Experimental Class V Wells for Geologic Sequestration. The construction, operation or maintenance of any non-experimental Class V geologic sequestration well is prohibited.

D. Prohibition of Movement of Fluid into Underground Sources of Drinking Water

1. No authorization by permit or rule shall allow the movement of fluid containing any contaminant into underground sources of drinking water, if the presence of that contaminant may cause a violation of any primary drinking water regulation under 40 CFR part 141 or of the Louisiana Drinking Water Regulations, Chapter VIII of the State Sanitary Code or may otherwise adversely affect the health of persons. The applicant for a permit shall have the burden of showing that the requirements of this Section are met.

2. For Class VI wells, if any water quality monitoring of a USDW indicates the movement of any contaminant into the USDW, except as authorized under §603 F, the commissioner shall prescribe such additional requirements for construction, corrective action, operation, monitoring, or reporting (including closure of the injection well) as are necessary to prevent such movement. In the case of wells authorized by permit, these additional requirements shall be imposed by modifying the permit in accordance with §613 C, or the permit may be terminated under §613.E if cause exists, or appropriate enforcement action may be taken if the permit has been violated. In the case of wells authorized by rule, see §603.E 1

3. If at any time the commissioner learns that a Class VI well may cause a violation of the Louisiana Drinking Water Regulations, Chapter XII of the State Sanitary Code or may be otherwise adversely affecting the health of persons, he shall:

a. require the injector to obtain a permit;

b. order the injector to take such actions (including, where required, closure of the injection well) as may be necessary to prevent the violation or adverse effect; or

c. take enforcement action.

4. Notwithstanding any other provision of this Section, the commissioner may take emergency action upon receipt of information that a contaminant which is present in or likely to enter a public water system or underground source of drinking water may present an imminent and substantial endangerment to the health or safety of persons.

E. Authorization of Underground Injection by Rule

1. Class VI wells cannot be authorized by rule to inject carbon dioxide. Owners or operators of Class VI wells must obtain a permit.

a. Any authorization by rule for an existing Class II enhanced recovery or hydrocarbon storage well shall expire upon the effective date of a Class VI permit issued pursuant to §603 G, or well plug and abandonment according to an approved plug and abandonment plan, or upon well conversion.

F. Identification of Underground Sources of Drinking Water and Exempted Aquifers

1. The commissioner may identify (by narrative description, illustrations, maps, or other means) and shall protect as an underground source of drinking water, all aquifers or parts of aquifers which meet the definition of an underground source of drinking water, except where there is an applicable aquifer exemption under §603.F.2 and 4, or an expansion to the areal extent of an existing Class II enhanced oil recovery or enhanced gas recovery aquifer exemption for the exclusive purpose of Class VI injection for geologic sequestration under §603.F.4 Other than approved aquifer exemption expansions that meet the criteria set forth in §603.F.2 d, new aquifer exemptions shall not be issued for Class VI injection wells. Even if an aquifer has not been specifically identified by the commissioner, it is an underground source of drinking water if it meets the definition.

2. After notice and opportunity for a public hearing the commissioner may identify (by narrative description, illustrations, maps, or other means) and describe in geographic and/or geometric terms (such as vertical and lateral limits and gradient) which are clear and definite, all aquifers or parts thereof which the commissioner proposes to designate as exempted aquifers if they meet the following criteria:

a. the aquifer does not currently serve as a source of drinking water; and

b. the aquifer cannot now and will not in the future serve as a source of drinking water because:

i. it is mineral, hydrocarbon or geothermal energy producing or can be demonstrated by a permit applicant as part of a permit application for a Class III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible;

ii. it is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical;

iii. it is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or

iv. it is located over a Class III well mining area subject to subsidence or catastrophic collapse; or

c. the total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/1 and it is not reasonably expected to supply a public water system;

d. the areal extent of an aquifer exemption for a Class II enhanced oil recovery or enhanced gas recovery well may be expanded for the exclusive purpose of Class VI injection for geologic sequestration under §103.F.4 if it meets the following criteria:

i. it does not currently serve as a source of drinking water; and

ii. the total dissolved solids content of the ground water is more than 3,000 mg/l and less than 10,000 mg/l; and

iii. it is not reasonably expected to supply a public water system.

3. No designation of an exempted aquifer submitted as part of the states UIC program shall be final until approved by the USEPA. No designation of an expansion to the areal extent of a Class II enhanced oil recovery or enhanced gas recovery aquifer exemption for the exclusive purpose of Class VI injection for geologic sequestration shall be final until approved by the USEPA as a substantial revision of the states UIC program in accordance with 40 CFR 145.32.

4. Expansion to the Areal Extent of Existing Class II Aquifer Exemptions for Class VI Wells. Operators of Class II enhanced oil recovery or enhanced gas recovery wells may request that the commissioner approve an expansion to the areal extent of an aquifer exemption already in place for a Class II enhanced oil recovery or enhanced gas recovery well for the exclusive purpose of Class VI injection for geologic sequestration. Such requests are treated as a substantial program revision to the states UIC program and will not be final until approved by USEPA.

a. The operator of a Class II enhanced oil recovery or enhanced gas recovery well that requests an expansion of the areal extent of an existing aquifer exemption for the exclusive purpose of Class VI injection for geologic sequestration must define (by narrative description, illustrations, maps, or other means) and describe in geographic and/or geometric terms (such as vertical and lateral limits and gradient) that are clear and definite, all aquifers or parts thereof that are requested to be designated as exempted using the criteria in §603.F.2 d

b. In evaluating a request to expand the areal extent of an aquifer exemption of a Class II enhanced oil recovery or enhanced gas recovery well for the purpose of Class VI injection, the commissioner must determine that the request meets the criteria for exemptions. In making the determination, the commissioner shall consider:

i. current and potential future use of the USDWs to be exempted as drinking water resources;

ii. the predicted extent of the injected carbon dioxide plume, and any mobilized fluids that may result in degradation of water quality, over the lifetime of the project, as informed by computational modeling, in order to ensure that the proposed injection operation will not at any time endanger USDWs including non-exempted portions of the injection formation; and

iii. whether the areal extent of the expanded aquifer exemption is of sufficient size to account for any possible revisions to the computational model during reevaluation of the area of review.

G. Transitioning from Class II to Class VI

1. Operators of wells used to inject carbon dioxide for the primary purpose of long-term storage into an oil or gas reservoir must apply for and obtain a Class VI geologic sequestration permit when there is an increased risk to USDWs compared to Class II operations. The factors specified in §603.G.2 below must be considered in determining if there is an increased risk to USDWs.

2. The commissioner shall determine when there is an increased risk to USDWs compared to Class II operations and when a Class VI permit is required. The commissioner must consider the following in order to make this determination:

a. increase in reservoir pressure within the injection zone(s);

b. increase in carbon dioxide injection rates;

c. decrease in reservoir production rates;

d. distance between the injection zone(s) and USDWs;

e. suitability of the Class II enhanced oil or gas recovery area of review delineation;

f. quality of abandoned well plugs within the area of review;

g. the owners or operators plan for recovery of carbon dioxide at the cessation of injection;

h. the source and properties of injected carbon dioxide; and

i. any additional site-specific factors as determined by the commissioner.

H. Additional Requirements

1. All tests, reports, logs, surveys, plans, applications, or other submittals whether required by these rules and regulations or submitted for informational purposes are required to bear the Louisiana Office of Conservation serial number of any Class VI carbon dioxide sequestration well associated with the submittal.

2. All applications, reports, plans, requests, maps, cross-sections, drawings, opinions, recommendations, calculations, evaluations, or other submittals including or comprising geoscientific work as defined by La. R.S. 37:711.1 et seq. must be prepared, sealed, signed, and dated by a licensed Professional Geoscientist (P.G.) authorized to practice by and in good standing with the Louisiana Board of Professional Geoscientists.

3. All applications, reports, plans, requests, specifications, details, calculations, drawings, opinions, recommendations, evaluations or other submittals including or comprising the practice of engineering as defined by La. R.S. 37:681 et seq. must be prepared, sealed, signed, and dated by a licensed Professional Engineer (P.E.) authorized to practice by and in good standing with the Louisiana Professional Engineering and Land Surveying Board.

4. The commissioner may prescribe additional requirements for Class VI wells or projects in order to protect USDWs and the health, safety, and welfare of the public.

I. Confidentiality of Information. Information obtained by any rule, regulations, order, or permit term or condition adopted or issued hereunder, 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. Claims of confidentiality for the following information shall be denied:

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

2. information which deals with the existence, absence, or level of contaminants in drinking water or zones other than the approved injection zone.

La. Admin. Code tit. 43, § XVII-603

Promulgated by the Department of Natural Resources, Office of Conservation, LR 4756 (1/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.