La. Admin. Code tit. 43 § XVII-205

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

Section XVII-205 - Permit Application Requirements

A. Applicability. The rules and regulations of this Section apply to all Class I hazardous waste injection wells 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.

2. Time to Apply. Any person who performs or proposes a Class I hazardous waste injection well for which a permit is or will be required shall submit an application to the commissioner a reasonable time before construction of the new well is expected to begin.

3. All applicants for a new Class I hazardous waste injection well shall comply with and submit to the commissioner, as part of the permit application, all the information listed in §205 A, B, C, D and E concerning new wells including those applicable amended portions of the aforementioned paragraphs as listed below. This information shall be submitted in conjunction with the appropriate application form.

4. For an existing Class I hazardous waste injection well, the applicant shall comply with and submit to the commissioner, as part of the permit application, all the information listed in §205 A, B, C, D and E concerning existing wells including those applicable amended portions of the aforementioned paragraphs as listed below except for those items of information which are current, accurate, and available in the existing permit file. This information shall be submitted in conjunction with the appropriate application form.

5. For both new and existing Class I hazardous waste injection wells, certain maps, cross-sections, tabulations of wells within the area of review and other data may be included in the application by reference provided they are current and readily available to the commissioner and sufficiently identifiable to be retrieved.

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 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 name 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 §205. 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 §205. D 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."

4. Any permit application for a Class I hazardous waste injection well for disposal on the premises where the waste is generated shall contain a certification by the owner or operator that:

a. the generator of the hazardous waste has a program to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and

b. injection of the waste is that practicable method of disposal currently available to the generator which minimizes the present and future threat to human health and the environment.

E. Application Contents for Class I Hazardous Waste Injection Wells. All applicants for Class I hazardous waste injection well 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 application 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 herefor:

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 waterbottoms or other lands owned by or under the jurisdiction or protection of the state;

i. describe the waste to be injected along with its corresponding EPA Hazardous Waste Code Number.

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 §209 B

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.

v. For water wells on the facility property and adjacent property, submit a tabulation of well depth, water level, owner, chemical analysis, and other pertinent data. If these wells do not exist, submit this information for a minimum of three other wells in the area of review or a statement why this information was not included.

vi. The protocol followed to identify, locate, and ascertain the condition of all wells within the area of review which penetrate the injection or confining zone.

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. Maps and cross-sections indicating the general vertical and lateral limits of all underground sources of drinking water (USDW) within the area of review, their position relative to the injection formation and the direction of water movement, if known, in each aquifer containing a USDW which may be effected by the proposed injection.

e. In areas with limited subsurface well control or where the subsurface geology is in doubt and cannot be adequately described by conventional methods, the commissioner may request an applicant to provide geophysical seismic data to reinforce the geologic interpretation.

f. Any other information required by the commissioner to evaluate the proposed well.

3. Technical Information for New Wells

a. A tabulation on all wells within the area of review which penetrate the proposed injection zone or confining 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. For wells within a 1/2 mile radius of the injection well, include:

i. copies of all casing and cementing records (including cementing affidavits);

ii. copies of plugging and/or completion records; and

iii. schematic diagrams of each well;

b. proposed operating data:

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

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 chemical, physical, and radiological characteristics of and other information on the injection and the confining zone;

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 §209 1;

h. construction procedures including a cementing and casing program (include cementer's recommendation), well material specifications and their life expectancy, 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 and for post-closure care as required in §207. C O;

k. for wells within the area of review which penetrate the injection zone of the confining zone but are not properly completed or plugged, the corrective action proposed to be taken under §209 C;

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. information required under §209. L.1 and M.1 concerning the applicant's plans for closure (plug and abandonment) and post-closure care of the well; and

o. 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 which penetrate the injection zone (see §205. E.3 a);

b. operating data as required in §205. 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 (well-head and related appurtenances) and subsurface construction details of the system;

g. monitoring equipment as required in §209;

h. contingency plans as required in §205. E.3 i;

i. a demonstration of the resources for closure and post-closure as required in §205. E.3 j;

j. proposed corrective action as required in §205. E.3 k;

k. calculation of the pressure increase in the injection zone as required in §205. E.3 1;

l. calculation of the waste front travel as required in §205. E.3 m;

m. measurement of bottom hole 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 bottom-hole 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; and

(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 §205. E.4 o;

q. plans for closure and post-closure required in §205. E.3 n; and

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

F. Recordkeeping of Application Information. The applicant shall retain records of all pertinent data used to complete the permit application and any supplemental information submitted under these regulations for a period of three years following well closure or until the time of next repermitting, whichever is less.

G. 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. Claims of confidentiality for the following information will 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.

H. Filing Fee. Each application shall be accompanied by a filing fee established by Statewide Order 29-Q as amended, or subsequent applicable regulations.

La. Admin. Code tit. 43, § XVII-205

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.