La. Admin. Code tit. 43 § XVII-209

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

Section XVII-209 - Technical Criteria and Standards

A. Applicability. This Section establishes technical criteria and standards for the regulation of Class I hazardous waste injection wells.

B. Area of Review

1. The area of review for each Class I hazardous waste injection well shall be a fixed radius of no less than 2 miles around the well or shall be determined by the calculated cone of influence of the well, whichever is greater.

2. All known unplugged, improperly plugged and abandoned, or improperly constructed wells in the area of review which penetrate the confining of injection zone are subject to the corrective action requirements of §209 C

C. Corrective Action

1. Coverage. Applicants for Class 1 hazardous waste injection well permits shall submit a plan outlining the protocol used to:

a. identify all wells which penetrate the confining or injection zone within the area of review; and

b. determine whether these wells are adequately completed or plugged.

2. Applicants for Class I hazardous waste injection well permits shall identify the location of all wells within the area of review that penetrate the injection or confining zone and shall submit as required in §205. E 2, 3, and 4:

a. a tabulation of all wells within the area of review that penetrate the injection or the confining zone; and

b. a description of each well or type of well and any records of its plugging or completion.

3. For wells determined to be improperly plugged, completed, or abandoned, or for which plugging or completion information is unavailable, the applicant shall also submit a plan consisting of such steps or modifications as are necessary to prevent movement of fluids into or between underground sources of drinking water or outside of the injection zone. Where the plan is adequate, the commissioner shall incorporate it into the permit as a condition. Where the commissioner's review of the application indicates that the permittee's plan is inadequate (based at a minimum on the factors in §209. C 5), the commissioner shall:

a. require the applicant to revise the plan;

b. prescribe a plan for the corrective action as a condition of the permit; or

c. deny the application.

4. Requirements

a. Existing Injection Wells. Any permit issued for an existing Class I hazardous waste injection well requiring corrective action other than pressure limitations shall include a compliance schedule requiring any corrective action accepted or prescribed under §209. C.3 Any such compliance schedule shall provide for compliance as soon as possible but not later than two years following issuance of the permit. It shall also require observance of appropriate pressure limitations under §209. C.4.c until all other corrective action measures have been implemented.

b. New Injection Wells. No permit for any Class I hazardous waste injection well may authorize injection until all corrective actions required under this Section have been taken.

c. Injection Pressure Limitations. The commissioner may require pressure limitations in lieu of plugging. If so, then the commissioner shall require as a permit condition that injection pressure be so limited that pressure in the injection zone at the site of any improperly completed or abandoned well within the area of review would not be sufficient to drive fluids into or between USDW's or outside of the injection zone. This pressure limitation shall satisfy the corrective action requirement. Alternatively, such injection pressure limitation can be made part of a compliance schedule and last until all other corrective actions have been implemented.

5. In determining the adequacy of corrective action proposed by the applicant under §209. C.3 and in determining the additional steps needed to prevent fluid movement into and between USDW's or outside of the injection zone, the following criteria and factors shall be considered by the commissioner:

a. nature and volume of the injected fluids;

b. nature of native fluids or by-products of injection;

c. geology;

d. hydrology;

e. potentially affected population;

f. history of the injection operation;

g. completion and plugging records;

h. closure procedures in effect at the time the well was closed;

i. hydraulic connections with USDW's or zones outside of the injection zone;

j. reliability of the procedures used to identify abandoned wells;

k. any other factors which might affect the movement of fluids into or between USDW's or outside of the injection zone.

D. Minimum Criteria for Siting

1. All Class I hazardous waste injection wells shall be sited such that they inject into a formation that is beneath the lowermost formation containing within 1/4 mile of the wellbore an underground source of drinking water (USDW).

2. The siting of Class I hazardous waste injection wells shall be limited to areas that are geologically suitable. The commissioner shall determine geologic suitability based upon:

a. an analysis of the structural and stratigraphic geology, the hydrogeology, and the seismicity of the region;

b. an analysis of the local geology and hydrogeology of the well site, including at a minimum, detailed information regarding stratigraphy, structure and rock properties, aquifer hydrodynamics and mineral resources; and

c. a determination that the geology of the area can be described confidently and that the limits of waste fate and transport can be accurately predicted through the use of models.

3. Class I hazardous waste injection wells shall be sited such that:

a. the injection zone has sufficient permeability, porosity, thickness, and a real extent to prevent migration of fluids into USDW's or outside of the injection zone;

b. the confining zone:

i. is laterally continuous and free of transecting, transmissive faults or fractures over an area sufficient to prevent the movement of fluids into USDW or outside the injection zone; and

ii. contains at least one formation of sufficient thickness and with lithologic and stress characteristics capable of preventing vertical propagation of fractures.

4. The owner or operator shall demonstrate to the satisfaction of the commissioner that:

a. the confining zone is separated from the base of the lower-most USDW by at least one sequence of permeable and less permeable strata that will provide an added layer of protection for the USDW in the event of fluid movement in an unlocated borehole or transmissive fault; or

b. within the area of review, the piezometric surface of the fluid in the injection zone is less than the piezometric surface of the lower-most USDW, considering density effects, injection pressures and any significant pumping in the overlying USDW; or

c. there is no USDW present;

d. the commissioner may approve a site which does not meet the requirements in §209. D.4 a, b or c if the applicant can demonstrate to the commissioner that because of the geology, nature of the waste, or other considerations, abandoned boreholes or other conduits would not cause endangerment of USDW's.

E. Construction Requirements

1. General. All existing and new Class I hazardous waste injection wells shall be constructed and completed to:

a. prevent the movement of fluids into or between USDW's or into any unauthorized zones;

b. permit the use of appropriate testing devices and workover tools; and

c. permit continuous monitoring of injection tubing and long string casing as required pursuant to §209. H 10.

2. Compatibility. All well materials must be compatible with fluids with which the materials may be expected to come into contact. A well shall be deemed to have compatibility as long as the materials used in the construction of the well meet or exceeds standards developed for such materials by the American Petroleum Institute, The American Society for Testing Materials, or comparable standards acceptable to the commissioner.

3. Casing and Cementing of New Wells

a. Casing and cement used in the construction of each newly drilled well shall be designed for the life expectancy of the well, including the post-closure care period. The casing and cementing program shall be designed to prevent the movement of fluids into or between USDW's, or outside the injection zone, and to prevent potential leaks of fluids from the well. In determining and specifying casing and cementing requirements, the commissioner shall consider the following information as required by §205 E:

i. depth to the injection zone;

ii. injection pressure, external and internal pressure, and axial loading;

iii. hole size;

iv. size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification, and construction material);

v. corrosiveness of injected fluid, formation fluids, and temperature;

vi. lithology of injection and confining zones;

vii. type or class of cement including slurry weight (lb/gal) and yield (cu. ft./sack); and

viii. quantity and chemical composition of injected fluid.

b. One surface casing string shall, at a minimum, extend into the confining bed below the lowest formation that contains a USDW and be cemented by circulating cement from the base of the casing to the surface, using a minimum of 150 percent of the calculated annular volume. The commissioner may require more than 150 percent when it is warranted by the geology or by other circumstances.

c. At least one long string casing and/or intermediate casing string, using a sufficient number of centralizers, shall be utilized in the well. If either casing string is to be perforated, then the approved casing shall extend through the base of the injection zone. If an approved alternate construction method is used, such as the setting of a screen, the casing shall be set to the top of the injection interval. Regardless of the construction method utilized, the casing strings shall be cemented by circulating cement from the casing shoe to the surface in one or more stages:

i. of sufficient quantity and quality to withstand the maximum operating pressure; and

ii. in a quantity no less than 120 percent of the calculated volume necessary to fill the annular space. The commissioner may require more than 120 percent when it is warranted by the geology or other circumstances.

d. Circulation of cement may be accomplished by staging. The commissioner may approve an alternative method of cementing in cases where the cement cannot be circulated to the surface, provided the owner or operator can demonstrate by using logs that the cement is continuous across and sufficiently above the injection zone so as to provide for zonal isolation and does not allow fluid movement behind the casing.

e. Casing, including any casing connections, must be rated to have sufficient structural strength to withstand, for the design life of the well, the maximum burst and collapse pressures and the maximum tensile stress which may be experienced during the construction, operation, and closure of the well.

f. At a minimum, cement and cement additives must be of sufficient quality and quantity to maintain integrity over the design life of the well.

4. Tubing and Packer

a. All Class I hazardous waste injection wells, except as in §209. E.4.d below, shall inject fluids through tubing with a packer set at a depth specified by the commissioner. Where multiple injection intervals exist, the packer setting depth will be as close as practicable to the top of the primary injection interval. The commissioner shall have the authority to adjust the packer setting depth as required on a case-by-case basis.

b. In determining and specifying requirements for tubing and packer, the following factors shall be considered:

i. depth of setting;

ii. characteristics of injection fluid (chemical content, corrosiveness, temperature, and density);

iii. injection pressure;

iv. annular pressure;

v. rate (intermittent or continuous), temperature, and volume of injected fluids;

vi. size of casing; and

vii. tubing tensile, burst, and collapse strengths.

c. A corrosion resistant or noncorrosive fluid shall be placed under pressure into the tubing/long string casing annulus. The annulus pressure shall be monitored in accordance with §209. H 9

d. The commissioner may approve the use of a fluid seal system as an alternative to a mechanical packer if he determines that the following conditions are met:

i. the operator demonstrates that the seal will provide a level of protection comparable to a packer;

ii. the operators staff is, and will remain, adequately trained to operate and maintain the well and to identify and interpret variations in parameters of concern;

iii. the permit contains specific limitations on variations in annular pressure and loss of annular fluid;

iv. the design and construction of the well allows continuous monitoring of the annular pressure and mass balance of annular fluid; and

v. a secondary system is used to monitor the interface between the injection fluid and the annulus fluid and the permit contains requirements for testing the system every three months and recording the results with the submission of the appropriate quarterly report.

5. Disposal of Drill Material. The subsurface material (cuttings) such as sand, clay, shale, etc. removed from the wellbore during the drilling of a Class I hazardous waste injection well may be disposed at a properly permitted municipal landfill or a hazardous waste landfill provided the disposal of such material at such facilities complies with all applicable regulations.

F. Logging, Testing and Sampling Prior to New Well Operation

1. During the drilling and construction of a new Class I hazardous waste injection well, appropriate logs and tests shall be run to determine or verify the depth, thickness, porosity, permeability, and rock type of, and the salinity of any entrained fluids in all relevant geologic units to assure conformance with performance standards in §209 E, and to establish accurate baseline data against which future measurements may be compared. A descriptive report interpreting results of such logs and tests shall be prepared by a knowledgeable log analyst and submitted to the commissioner as part of the completion report described in §209. G.1 At a minimum, such logs and tests shall include:

a. deviation checks during drilling on all holes constructed by drilling a pilot hole which are enlarged by reaming or another method. Such checks shall be at sufficient frequent intervals to determine the location of the borehole and to assure that vertical avenues for fluid movement in the form of diverging holes are not created during drilling; and

b. such other logs and tests as may be needed after taking into account the availability of similar data in the area of the drilling site, the construction plan, and the need for additional information that may arise from time to time as the construction of the well progresses. At a minimum, the following logs shall be required in the following situations:

i. for surface casing:

(a) spontaneous potential, resistivity or gamma-resistivity, and caliper logs before casing is installed; and

(b) a cement bond and variable density log, and a temperature log after casing is set and cemented;

ii. for intermediate and long string casing:

(a) resistivity, spontaneous potential, gamma-ray, porosity, caliper and fracture finder logs before the casing is installed; and

(b) a cement bond and variable density log, and a temperature log after the casing is cemented;

iii. the commissioner may allow the use of an alternative to the above logs when an alternative will provide equivalent or better information, and:

(a) all casing strings shall be pressure tested at conditions specified by the commissioner and reported on the appropriate form; and

(b) a mechanical integrity test consisting of:

(i). a pressure test with liquid or gas;

(ii). a radioactive tracer survey;

(iii). a temperature or noise log;

(iv). a casing inspection log, if required by the commissioner; and

(v). any other test required by the commissioner.

2. Whole cores or sidewall cores of the confining and injection zones and formation fluid samples from the injection zone shall be taken. Cores from nearby wells may be accepted if the owner or operator can demonstrate that core retrieval is not possible and that such cores are representative of the conditions at the well. The commissioner may require coring of other formations in the borehole.

3. The fluid temperature, pH, conductivity, pressure, and the static fluid level of the injection zone must be recorded.

4. At a minimum, the following information concerning the injection and confining zones shall be determined or calculated for Class I hazardous waste injection wells:

a. fracture pressure;

b. other physical and chemical characteristics of the formation fluids in the injection zone; and

c. physical and chemical characteristics of the confining and injection zones.

5. Upon completion, but prior to operation, the owner or operator shall conduct the following tests to verify hydrogeologic characteristics of the injection zone:

a. a pump test; or

b. injectivity tests.

6. The commissioner shall have the opportunity to witness all logging and testing required by §209. F The owner or operator shall submit a schedule of such activities to the commissioner 30 days prior to conducting the first test.

7. Construction Supervision. All phases of well construction and any well workover shall be supervised by a person who is knowledgeable and experienced in practical drilling engineering and who is familiar with the special conditions and requirements of injection well construction.

G. Pre-Operation Requirements. Prior to the commissioner granting final approval for the operation of a Class I hazardous waste injection well, the owner or operator shall submit the following information to the commissioner for review and approval.

1. A completion report containing at a minimum:

a. the drilling and complete and accurate record of the depth, thickness, and character of the strata penetrated;

b. casing and cement records;

c. all available logs and testing program data on the well and a descriptive report interpreting the results of all logs and tests;

d. measured bottomhole temperature and pressure;

e. a demonstration of mechanical integrity pursuant to §209. F.1 d;

f. the results of the injection zone and confining zone testing program as required in §205. E.3 c;

g. compatibility of the injected waste with fluids in the injection zone and minerals in both the injection zone and confining zone and with the materials used to construct the well;

h. core sample testing results;

i. injectivity test data;

j. the anticipated maximum pressure and flow rate under which the well will operate;

k. the actual injection procedure;

l. revised calculated area of review based on data obtained during logging and testing of the well and formation, and where necessary revisions to the information submitted under §205. E.2.a ii and E.3.a;

m. revised formation pressure build-up calculation, §205. E.3 1;

n. revised waste front travel calculation, §205. E.3 m;

o. revised maps and cross sections of the injection zone using pertinent data above;

p. the status of corrective action on wells identified under §205. E.3 k;

q. as built diagram of the well with construction information;

r. submit a certified location plat indicating the surveyed surface and bottom-hole location of the well, the latitude and longitude as well as the Lambert (X-Y) coordinates of the surface and bottom-hole. Also include the directional survey and directional profile drawing of the well.

2. For all Class I injection wells, file one copy of the permit in the conveyance records of the parish courthouse where the well is located. Within 15 days from the date of filing, forward a certified copy of the permit with recording references to the division within the Office of Conservation that issued the permit.

3. For all Class I injection wells, written notification that a copy of the permit has been filed with the appropriate oil and gas regulatory division within the Office of Conservation.

4. Compliance with all pre-operating terms of the permit must occur and approval to commence operation must be received from the commissioner prior to beginning injection operations (see §207 L)

5. The commissioner may give permission to commence injection for an interim period not to exceed 30 calendar days following the inspection required in §207. L.2.b Final permission to inject will be given only upon receipt and approval of the completion report required in §209. G 1

H. Operating Requirements

1. Except during well stimulation, the injection pressure at the wellhead shall not exceed the calculated maximum surface injection pressure (MSIP) so as to assure that the pressure in the injection zone during injection operations will not initiate new fractures or propagate existing fractures in the injection or confining zone nor cause the movement of injection or formation fluids into USDW or outside the injection zone. The MSIP shall be calculated by using the following formula.

MSIP = 0.85 (BHP_F - H) + TF + SE

where:

BHP_F = bottom-hole fracture pressure established by gradients for the area the well is located in or actual testing.

H = hydrostatic pressure.

TF = frictional loss in the tubing during maximum injection rate.

SE = skin effects as established by accepted engineering test procedures as described in "Pressure Buildup and Flow Tests in Wells", by C.S. Matthews and D G. Russell or approved alternate tests (optional variable).

2. Injection between the outermost casing protecting USDW's and the wellbore is prohibited.

3. The owner or operator shall maintain an annulus pressure that exceeds the operating injection pressure, unless the commissioner determines that such a requirement might harm the integrity of the well. The fluid in the annulus shall be noncorrosive or contain a corrosion inhibitor.

4. A protective barrier shall be maintained around the wellhead and related appurtenances during all normal in-service and out-of-service periods for protection against mechanical damage.

5. A sign shall be maintained on the protective barrier of each injection well identifying the well class and type, well name and number, Serial Number, section-township-range, and any other information required by the commissioner.

6. The owner or operator shall maintain mechanical integrity of the well at all times. Integrity shall be demonstrated and reported according to the procedures and at the frequency specified in §209 I

7. Approval by the commissioner must be obtained before conducting any workover operations on the well (see §209. J.2 All fluids and materials (sand, etc.) removed from the well during workovers shall be contained and disposed of properly.

8. Permit requirements for owners or operators of hazardous waste wells which inject wastes that have the potential to react with the injection formation to generate gases shall include:

a. conditions limiting the temperature, pH or acidity of the injected waste; and

b. procedures necessary to assure that pressure imbalances which might cause a backflow or blowout do not occur.

9. Pressure gauges shall be installed at the wellhead and properly maintained which will indicate the pressure on the injection tubing and on the tubing-casing annulus.

10. The owner or operator shall install, use, and maintain in proper operating condition continuous recording devices to monitor injection pressure, flow rate, volume, and temperature of injected fluids; and the pressure on the annulus between the injection tubing and the long string casing, and any other specified data. The instruments shall be housed in weatherproof enclosures.

11. The owner or operator shall install, use, and maintain in proper operating condition:

a. automatic alarm and automatic shut-off systems, designed to sound and shut-in the well when pressures and flow rates or other parameters approved by the commissioner exceed a range and/or gradient specified in the permit; or

b. automatic alarms, designed to sound when the pressures and flow rates or other parameters approved by the commissioner exceed a rate and/or gradient specified in the permit, in cases where the owner or operator certifies that a trained operator will be on site at all times when the well is operating.

12. If an automatic alarm or shutdown is triggered, the owner or operator shall immediately investigate and identify as expeditiously as possible the cause of the alarm or shutoff. If upon such investigation the well appears to be lacking mechanical integrity or if the monitoring required under §209. H 10 of this Section otherwise indicates that the well may be lacking mechanical integrity, the owner or operator shall:

a. cease injection of waste fluids unless authorized by the commissioner to continue or resume injection;

b. take all necessary steps to determine the presence or absence of a leak; and

c. notify the commissioner within 24 hours after the alarm or shutdown in person or by telephone as required in §207. L 6

13. If a loss of mechanical integrity is discovered pursuant to Paragraph 12 of this Subsection or during periodic mechanical integrity testing, the owner or operator shall:

a. immediately cease injection of waste fluids;

b. take all steps reasonably necessary to determine whether there may have been a release of hazardous waste constituents into any unauthorized zone;

c. notify the commissioner within 24 hours as in §209. H 12.c after loss of mechanical integrity is discovered;

d. notify the commissioner when injection can be resumed; and

e. restore and demonstrate mechanical integrity to the satisfaction of the commissioner prior to resumption of injection operations.

14. Whenever the owner or operator obtains evidence that there may have been a release of injected waste into an unauthorized zone, immediately cease injection of waste fluids, and:

a. notify the commissioner within 24 hours of obtaining such evidence as in §209. H 12.c;

b. take all necessary steps to identify and characterize the extent of any release;

c. comply with and implement any remediation plan specified and approved by the commissioner; and

d. where such release is into a USDW currently serving as a water supply, place a notice in the official parish journal where the facility is located and the official state journal; notify local governing authorities in the affected area, all water well users within 2 miles of the release, and the Secretary of the Department of Environmental Quality.

15. Where there is evidence that there may have been a release of injected waste into an unauthorized zone, the commissioner may allow the operator to resume injection prior to completing cleanup action if the owner or operator demonstrates that the injection operation will not endanger USDW's or allow the movement of fluids outside the injection zone.

I. Testing and Monitoring Requirements. Samples and measurements taken for the purposes of testing and monitoring shall be representative of the monitored activity and shall include at a minimum:

1. Monitoring of the Injected Waste

a. The owner or operator shall develop and follow an approved written waste analysis plan that describes the procedures to be carried out to obtain a detailed chemical and physical analysis of a representative sample of the waste, including the quality assurance procedures used. At a minimum the plan shall specify:

i. the parameters for which the waste will be analyzed and the rationale for the selection of these parameters;

ii. the test methods that will be used to test for these parameters;

iii. the sampling method that will be used to obtain a representative sample of the waste being analyzed;

iv. the date, exact place and time of sampling or measurement;

v. the individual(s) who performed the sampling or measurement;

vi. the date(s) analyses were performed;

vii. the individual(s) who performed the analyses; and

viii. the results of such analyses.

b. The analysis of the injected waste as described in the waste analysis plan shall be repeated at frequencies specified in the waste analysis plan and when process or operating changes occur that may significantly alter the characteristics of the waste stream.

c. The owner or operator shall conduct continuous or periodic monitoring of selected parameters as required by the commissioner.

d. The owner or operator shall assure that the plan remains accurate and the analysis remain representative.

2. Hydrogeologic Compatibility Determination. The owner or operator shall submit information demonstrating to the satisfaction of the commissioner that the waste stream and its anticipated reaction products will not alter the permeability, thickness or other relevant characteristics of the confining or injection zone such that they would no longer meet the requirements specified in §209 D

3. Compatibility of Well Materials

a. The owner or operator shall demonstrate that the waste stream will be compatible with the well materials with which the waste is expected to come into contact, and submit to the commissioner a description of the methodology used to make that determination. Compatibility for the purposes of this requirement is established if contact with injected fluids will not cause the well materials to fail to satisfy any design requirement imposed under §209. E 2

b. The commissioner shall require continuous corrosion monitoring of the construction materials used in the well for wells injection corrosive waste, and may require such monitoring for other waste by:

i. placing coupons of the well construction materials in contact with the waste stream; or

ii. routing the waste stream through a loop constructed with the material used in the well; or

iii. using an alternative method approved by the commissioner.

c. If a corrosion monitoring program is required:

i. the test shall use materials identical to those used in the construction of the well, and such materials must be continuously exposed to the operating pressures and temperatures (measured at the wellhead) and flow rates of the injection operation; and

ii. the owner or operator shall monitor the materials for loss of mass, thickness, cracking, pitting, and other signs of corrosion on a quarterly basis to ensure that the well components meet the minimum standards for material strength and performance set forth in §209. E 2

4. Periodic Mechanical Integrity Testing. The owner or operator of a Class I hazardous waste injection well shall conduct mechanical integrity testing as follows:

a. the long string casing, injecting tubing, and annular seal shall be tested by means of an approved pressure test with a liquid or gas annually and whenever there has been a well workover involving the unseating or disturbing of the injection tubing or annular seal system;

b. the bottom-hole cement shall be tested by means of an approved Radioactive Tracer Survey annually;

c. an approved temperature, noise, or other approved log shall be run at least once every five years to test for movement of fluid along the borehole. The commissioner may require such test whenever the well is worked over;

d. casing inspection logs shall be run once every five years unless the commissioner waives this requirement due to well construction or other factors which limit the test's reliability; and

e. any other test approved by the commissioner.

5. Mechanical Integrity Testing by Conservation Representative

a. One of the following tests shall be witnessed or reviewed onsite by a Louisiana Office of Conservation representative to verify mechanical integrity:

i. a fluid pressure test of the annular space; or

ii. review of the continuous monitoring records required in §209 J

b. Verification of mechanical integrity under this Paragraph may be performed on an alternating basis. The frequency of integrity verification shall be quarterly for commercial Class I hazardous waste injection wells and semi-annually for onsite Class I hazardous waste injection wells. The commissioner or his representative reserves the right to specifically require more frequent testing as well as the right to specify the method of testing in specific instances.

6. Mechanical Integrity during Periods of Non-Use. Except during workovers or routine maintenance, any well which is not operational shall conform to the mechanical integrity requirements of §209. I.4 and shall sustain a positive pressure on the annulus during the period of non-use. When an operator takes a well out of operation, the operator shall assure the mechanical integrity of the well during non-use (see §209. K) If a well cannot meet mechanical integrity requirements the operator shall submit a plan to the commissioner within 30 days of the integrity test, to properly bring the facility into compliance. If a plan is not submitted within 30 days or if the plan is considered inadequate, the owner or operator will be given six months to plug and abandon the well as required in §209 L

7. Ambient Monitoring. This Paragraph sets forth ambient monitoring criteria for all Class I injection wells. Based on a site-specific assessment of the potential for fluid movement from the well or injection zone, and on the potential value of monitoring wells to detect such movement, the commissioner shall:

a. require the owner or operator to develop a monitoring program. At a minimum, the commissioner shall require monitoring of the pressure buildup in the injection zone annually, including at a minimum, a shut down of the well for a time sufficient to conduct a valid observation of the pressure fall-off curve;

b. when prescribing a monitoring system the commissioner may also require:

i. continuous monitoring for pressure changes in the first aquifer overlying the confining zone. When such a well(s) is/are installed, the owner or operator shall, on a quarterly basis, sample the aquifer and analyze for constituents specified by the commissioner;

ii. the use of indirect geophysical techniques to determine the position of the waste front, the water quality in a formation designated by the commissioner, or to provide other site specific data;

iii. periodic monitoring of the groundwater, quality in the first aquifer overlying the injection zone;

iv. periodic monitoring of the groundwater quality in the lowermost USDW; or

v. any additional monitoring necessary to determine whether fluids are moving into or between USDW's or outside the injection zone.

8. The commissioner may require seismicity monitoring when he has reason to believe that the injection activity may have the capacity to cause seismic disturbances.

J. Reporting Requirements. Reporting requirements shall, at a minimum, include:

1. quarterly reports to the commissioner containing the following information. Quarterly reports are due no later than 30 days following the end of the quarter for which it is being submitted:

a. the physical, chemical, and other relevant characteristics of the injection stream;

b. monthly average, maximum and minimum values for injection pressure, flow rate and volume, cumulative volume of fluids, and annular pressure;

c. any changes in the annular fluid volume;

d. a description of any event which triggers an alarm or shutdown device required pursuant to §209. H 10 and 11 and the response taken;

e. a description of any event that exceeds operating parameters for annulus pressure or injection pressure as specified in the permit; and

f. the results of monitoring prescribed under §209 I;

g. periodic test of mechanical integrity;

h. any other test of the injection well conducted by the permittee if required by the commissioner; and

i. any well workover performed during the quarter including minor well maintenance.

2. Workover Reporting

a. The owner or operator shall notify the commissioner and obtain a work permit prior to commencing any workover operation on the well. Workovers include, but are not limited to, plug and abandon, deepen, perforate, squeeze, plugback, sidetrack, pull tubulars, unseat packer, backwash, change interval of completion (disposal) within the approved injection zone, etc.

b. All work permits must be requested in writing by use of the appropriate form. If an unforseen situation arises which requires immediate attention, the permittee may request a verbal work permit by phoning the Office of Conservation. The permittee must then submit to the commissioner a completed work permit application within five days of obtaining the verbal permit.

c. Within 20 days following the completion of the authorized work, the permittee must submit to the Office of Conservation, one original and two copies of the well history and work resume report.

d. With the first quarterly report after the conclusion of the workover submit, to the aforementioned office, a completion report which not only includes the reason for the workover but also a detailed description and analysis of the work performed.

K. Temporarily Cease Injection

1. The owner or operator of a Class I hazardous waste injection well who temporarily ceases injection, except for periods of workovers or routine maintenance, may keep the well open provided the well is kept in compliance with the technical requirements applicable to active injection wells such as maintaining mechanical integrity, positive annular pressure, monitoring, etc. This is to ensure that the waste will not migrate out of the injection zone or endanger USDW's during the period of temporary disuse.

2. If a well has been out-of-service for a period of one year or longer, the owner or operator must inform the commissioner of intentions for the continued use of the well.

3. The owner or operator of a well that has ceased injection operations for more than two years shall notify the commissioner 30 days prior to resuming operation of the well.

L. Closure (Plug and Abandon)

1. Closure Plan. The owner or operator of a Class I hazardous waste injection well shall prepare, maintain, and comply with a plan for closure of the well that meets the requirements of §209. L.4 and is acceptable to the commissioner. The obligation to implement the closure plan survives the termination of a permit or the cessation of injection activities. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit.

a. The owner or operator shall submit the plan as part of the permit application, and upon approval by the commissioner, shall be a condition of any permit issued.

b. Any proposed significant revision to the method of closure reflected in the plan shall be submitted for approval by the commissioner no later than the date on which notice of closure is required to be submitted under §209. L 2

c. The plan shall assure financial responsibility as required in §209. O and also include the following information:

i. the type, number, and placement of each plug including the elevation of the top and bottom of each plug;

ii. the type, grade, and quantity of material to be used in plugging;

iii. the method of placement of the plugs as required in §209. L.4 e;

iv. any proposed test or measurement to be made;

v. the amount, size, and location (by depth) of casing and any other materials to be left in the well;

vi. the method and location where casing is to be parted, if applicable; and

vii. the estimated cost of closure expressed in future dollars for a time period equal to the duration of a Class I injection well permit.

d. The commissioner may modify a closure plan where necessary.

2. Notice of Intent to Close. The owner or operator shall notify the commissioner by submission of an appropriate work permit at least 60 days before closure of a well. At the discretion of the commissioner, a shorter notice period may be allowed.

3. Closure Report. Within 60 days after closure or at the time of the next quarterly report (whichever is less) the owner or operator shall submit a closure report to the commissioner. If the quarterly report is due less than 15 days after completion of closure, then the closure report shall be submitted within 60 days of closure. The report shall be certified as accurate by the owner or operator and by the person who performed the closure operation (if other than the owner or operator). Such report shall consist of:

a. a statement that the well was closed in accordance with the closure plan previously submitted and approved by the commissioner; or

b. where actual closure differed from the plan previously submitted, a written statement specifying the differences between the previous plan and the actual closure.

4. Standards for Well Closure

a. Prior to closing the well, the owner or operator shall observe and record the pressure decay for an appropriate time period or a time specified by the commissioner. The commissioner shall review the pressure decay and transient pressure observations conducted pursuant to §209. I.7.a and determine whether the injection activity has conformed with predicted values.

b. Prior to closure, appropriate mechanical integrity testing shall be conducted to ensure the integrity of that portion of the long string casing and cement that will be left in the ground after closure. Testing methods may include:

i. pressure testing with liquid or gas;

ii. radioactive tracer surveys;

iii. noise, temperature, pipe evaluation, or cement bond logs; or

iv. any other test required by the commissioner.

c. Prior to well closure, the well shall be flushed with a buffer fluid.

d. Upon closure, the well shall be plugged with cement in a manner that will not allow the movement of fluids into or between USDW's or outside the injection zone.

e. Placement of cement plugs shall be accomplished by one of the following:

i. the Balance Method;

ii. the Dump Bailer Method;

iii. the Two-Plug Method; or

iv. an alternate method approved by the commissioner that will reliably provide a comparable level of protection.

f. Each plug shall be appropriately tagged and tested for seal and stability before closure is completed.

g. The well to be closed is to be in a state of static equilibrium with the mud weight equalized top to bottom, either by circulating the mud in the well at least once or by a comparable method prescribed by the commissioner, prior to the placement of the cement plug(s).

h. Upon successful completion of the closure, the surface location of the abandoned well shall be identified with a permanent marker inscribed with the operator's name, well class, well name and number, serial number, section-township-range, parish, and date plugged and abandoned.

M. Post-Closure Care

1. The owner or operator of a Class I hazardous waste injection well shall prepare, maintain, and comply with a plan for post-closure care that meets the requirements of §209. M.2 and is acceptable to the commissioner. The obligation to implement the post-closure plan survives the termination of a permit or the cessation of injection activities. The requirement to maintain an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit.

a. The owner or operator shall submit the plan as part of the permit application and, upon approval by the commissioner, such plan will be a condition of any permit issued.

b. The owner or operator shall submit any proposed significant revision to the plan as appropriate over the life of the well, but no later than the date of the closure report required under §209. L 3

c. The plan shall assure financial responsibility as required in §209 O

d. The plan shall include the following information:

i. the pressure in the injection zone before injection began. Where a direct measurement of initial pressure is not available, then reasonable estimates may be used, provided they are acceptable to the commissioner;

ii. the anticipated pressure in the injection zone at the time of closure;

iii. the predicted time until pressure in the injection zone decays to the point that the well's cone of influence no longer intersects the base of the lowermost USDW;

iv. predicted position of the waste front at closure;

v. the status of any cleanups required under §209 C; and

vi. the estimated cost of proposed post-closure care at a time equal to the duration of a Class I injection well permit expressed in terms of future dollars.

e. At the request of the owner or operator, or on his own initiative, the commissioner may modify the post-closure plan after submission of the closure report.

2. To provide for post-closure care, the owner or operator shall:

a. continue and complete any cleanup action required under §209 C, if applicable;

b. continue to conduct any groundwater monitoring required under the permit until pressure in the injection zone decays to the point that the well's cone of influence no longer intersect the base of the lowermost USDW. The commissioner may extend the period of post-closure monitoring if he determines that the well may endanger a USDW;

c. submit a survey plat to the local zoning authority designated by the commissioner. The plat shall indicate the location of the well relative to permanently surveyed benchmarks. A copy of the plat shall be submitted to the appropriate Regional Administrator, Environmental Protection Agency;

d. provide appropriate notification and information to such state and local authorities as have cognizance over drilling activities to enable such state and local authorities to impose appropriate conditions on subsequent drilling activities that may penetrate the well's confining or injection zone.

3. Each owner of a Class I hazardous waste injection well and the owner of the surface or subsurface property on or in which a Class I hazardous waste injection well is located, must record a notation on the deed to the facility property or on some other instrument which is normally examined during title search that will in perpetuity provide any potential purchaser of the property the following information:

a. the fact that the land has been used to manage hazardous waste;

b. the name of the state agency or local authority with which the plat was filed, as well as the address of the Regional Environmental Protection Agency Office to which it was submitted;

c. the type and volume of waste injected, the injection interval(s) into which it was injected, and the period over which injection occurred.

N. Recordkeeping Requirements

1. The owner or operator shall keep complete and accurate records of all phases of the injection operation from application through post-closure. This includes, but is in no way limited to:

a. area of review and corrective action requirements;

b. construction and completion information including logging and testing;

c. complete data on all monitoring requirements specified in the permit and/or by the commissioner for the injection well(s) and any associated monitoring well(s);

d. all periodic measurements and well test such as injection fluid analyses, bottom-hole pressure data, mechanical integrity records, etc.;

e. records reflecting the nature, composition, and volume of all injected fluids; and

f. closure (plug and abandon) and post-closure information.

2. The owner or operator shall retain all records of the well's operation described in Paragraph 1 above for a period of three years following well closure. The commissioner may require the owner or operator to deliver the records to the Louisiana Office of Conservation at the conclusion of the retention period. If so, then the records shall thereafter be retained at a location designated by the commissioner for that purpose.

3. All records shall be made available for review upon request from a representative of the commissioner.

O. Financial Responsibility

1. The permit shall require the owner or operator to demonstrate and maintain financial responsibility for closure (plug and abandon) and post-closure care by using a trust fund, surety bond, letter of credit, financial statement, insurance, or corporate guarantee, or other materials acceptable to the commissioner. The amount of the funds available shall be no less than the amount identified in §209. L.1.c vii and §209. M.1.d vi.

2. The obligation to maintain financial responsibility for post-closure care survives the termination of a permit or the cessation of injection activities. The requirement to maintain financial responsibility is enforceable regardless of whether the requirement is a condition of the permit.

P. Waiver of Requirements

1. Where applicable on a case-by-case basis, the commissioner may alter requirements for a Class I hazardous waste injection well from those set forth in this Section provided any reduction in requirements will not result in an increased risk for movement of fluids into an underground source of drinking water or outside of the injection zone.

2. When reducing requirements under this Subsection, the commissioner shall issue an order either separately or as part of the permit explaining the reasons for the action.

Q. Additional Requirements. The commissioner may prescribe additional requirements for a Class I hazardous waste injection well than those described in these regulations in order to protect underground sources of drinking water or prevent the movement of fluids outside of the injection zone.

La. Admin. Code tit. 43, § XVII-209

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.