La. Admin. Code tit. 43 § XVII-3307

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

Section XVII-3307 - Application Content

A. The following minimum information shall be required for each permit application for a solution-mining well to create a new solution-mining salt cavern. The applicant shall also refer to the appropriate application form for any additional information that may be required.

1. For Class III solution-mining wells being simultaneously permitted for Class II hydrocarbon storage and/or Class V storage, a single consolidated submittal containing all applications may be accepted.

B. Administrative Information:

1. all required state application form(s);

2. the nonrefundable application fee(s) as per LAC 43:XIX.Chapter 7 or successor document;

3. name and mailing address of the applicant and the physical address of the solution-mining well facility;

4. operator's name, address, telephone number, and email address;

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

6. brief description of the nature of the business associated with the activity;

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

9. a listing of all permits or construction approvals that 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 by the applicant under the permit being sought:

a. the Louisiana Hazardous Waste Management;

b. this or any other Underground Injection Control Program;

c. National Pollutant Discharge Elimination System (NPDES) Program under the Clean Water Act;

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

e. Nonattainment Program under the Clean Air Act;

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

g. ocean dumping permits under the Marine Protection Research and Sanctuaries Act;

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

i. 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;

10. acknowledgment as to whether the facility is located on Indian lands or other lands under the jurisdiction or protection of the federal government, or whether the facility is located on state water bottoms or other lands owned by or under the jurisdiction or protection of the state of Louisiana;

11. documentation of financial responsibility for closure and post-closure, or documentation of the method by which proof of financial responsibility will be provided as required in §3309.B Before making a final permit decision, the official instrument of financial responsibility for closure and post-closure must be submitted to and approved by the Office of Conservation;

12. a map with accompanying tabulation identifying names and addresses of all property owners within the area of review of the solution-mining well.

C. Maps and Related Information

1. certified location plat of the solution-mining well and/or area permit boundary prepared and certified by a registered land surveyor licensed and in good standing with the Louisiana Professional Engineering and Land Surveying Board. The location plat shall be prepared according to standards of the Office of Conservation;

2. topographic or other map(s) extending at least one mile beyond the property boundaries of the facility in which the solution-mining well is located depicting the facility and each well where fluids are injected underground, and those wells, springs, or surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant in the map area;

3. the section, township and range of the area in which the solution-mining well is located and any parish, city or municipality boundary lines within one mile of the facility location;

4. map(s) showing the solution-mining well for which the permit is sought, the project area or property boundaries of the facility in which the solution-mining well is located, and the applicable area of review. Within the area of review, the map(s) shall show the well name, well number, well state serial number, and location of all existing producing wells, injection wells, abandoned wells and dry holes, public water systems, and water wells. The map(s) shall also show surface bodies of water, mines (surface and subsurface), quarries, and other pertinent surface features including residences and roads. Only information of public record and pertinent information known to the applicant is required to be included on the map(s);

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

6. generalized maps and cross-sections illustrating the regional geologic setting;

7. structure contour mapping of the salt stock on a scale no smaller than 1 inch to 500 feet;

8. maps and vertical cross-sections detailing the geologic structure of the local area. The cross-sections shall be structural (as opposed to stratigraphic cross-sections), be referenced to sea level, show the solution-mining well and the cavern being permitted, all adjacent salt caverns regardless of use and current status, conventional (room and pillar) mines, and all other boreholes and wells that penetrate the salt stock. Cross-sections should be oriented to indicate the closest approach to adjacent caverns, boreholes, wells, the edge of the salt stock, etc., and shall extend at least one mile beyond the edge of the salt stock unless the edge of the salt stock and any existing oil and gas production can be demonstrated in a shorter distance and is administratively approved by the Office of Conservation. Salt caverns shall be depicted on the cross-sections using data from the most recent salt cavern sonar. Known faulting in the area shall be illustrated on the cross- sections such that the displacement of subsurface formations is accurately depicted;

9. sufficient information, including data and maps, to enable the Office of Conservation to identify oil and gas activity in the vicinity of the salt dome which may affect the proposed well; and

10. any other information required by the Office of Conservation to evaluate the solution-mining well, cavern, project, and related surface facility.

D. Area of Review Information. Refer to §3313.E for area of review boundaries and exceptions. Only information of public record or otherwise known to the applicant need be researched or submitted with the application, however, a diligent effort must be made to identify all wells and other manmade structures that penetrate or are within the salt stock in response to the area of review requirements. The applicant shall provide the following information on all wells or structures within the defined area of review:

1. a discussion of the protocol used by the applicant to identify wells and manmade structures that penetrate or are within the salt stock in the defined area of review;

2. a tabular listing of all known water wells in the area of review to include the name of the operator, well location, well depth, well use (domestic, irrigation, public, etc.), and current well status (active, abandoned, etc.);

3. a tabular listing of all known wells (excluding water wells) in the area of review with penetrations into the cap rock or salt stock to include at a minimum:

a. operator name, well name and number, state serial number (if assigned), and well location;

b. well type and current well status (producing, disposal, storage, solution-mining, shut-in, plugged and abandoned), date the well was drilled, and the date the current well status was assigned;

c. well depth, construction, completion (including completion depths), plug and abandonment data; and

d. any additional information the commissioner may require.

4. the following information shall be provided on manmade structures within the salt stock regardless of use, depth of penetration, or distance to the solution-mining well or cavern being the subject of the application:

a. a tabular listing of all caverns to include:

i. operator name, well name and number, state serial number, and well location;

ii. current or previous use of the cavern (waste disposal, hydrocarbon storage, solution-mining), current status of the cavern (active, shut-in, plugged and abandoned), date the well was drilled, and the date the current well status was assigned;

iii. cavern depth, construction, completion (including completion depths), plug and abandonment data;

b. a tabular listing of all conventional (dry or room and pillar) mining activities, whether active or abandoned. The listing shall include the following minimum items:

i. owner or operator name and address;

ii. current mine status (active, abandoned);

iii. depth and boundaries of mined levels; and

iv. the closest distance of the mine in any direction to the solution-mining well and cavern.

E. Technical Information. The applicant shall submit, as an attachment to the application form, the following minimum information in technical report format:

1. for existing caverns the results of the latest cavern sonar survey and mechanical integrity pressure and leak tests;

2. corrective action plan required by §3313.F for wells or other manmade structures within the area of review that penetrate the salt stock but are not properly constructed, completed or plugged and abandoned;

3. plans for performing the geological, geomechanical, geochemical, and hydrogeological studies of §3313 to assess the stability of the salt stock and overlying and surrounding sediments based on past, current and planned well and cavern operations. If such studies have already been done, submit the results obtained along with an interpretation of the results;

4. properly labeled schematic of the surface construction details of the solution-mining well to include the wellhead, gauges, flowlines, and any other pertinent details;

5. properly labeled schematic of the subsurface construction and completion details of the solution-mining well and cavern, if applicable, to include borehole diameters; all cemented casings with cement specifications, casing specifications (size, depths, etc.); all hanging strings showing sizes and depths set; total depth of well; top, bottom, and diameter of cavern; the depth datum; and any other pertinent details;

6. surface site diagram(s) of the facility in which the solution-mining well is located including but not limited to surface pumps, piping and instrumentation, controlled access roads, fenced boundaries, field offices, monitoring and safety equipment and location of such equipment, required curbed or other retaining wall heights, etc.;

7. unless already obtained, a proposed formation testing program to obtain the information required below:

a. where the injection zone is a water bearing formation, the following information concerning the injection zone shall be determined or calculated for new Class III wells or projects:

i. fluid pressure;

ii. fracture pressure; and

iii. physical and chemical characteristics of the formation fluids.

b. where the injection formation is not a water bearing formation, the information in §3307. E.7.a ii;

8. a proposed stimulation program, if applicable;

9. proposed injection and withdrawal procedures;

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

11. detailed plans and procedures to operate the solution-mining well, cavern, and related surface facilities in accordance with the following requirements:

a. for new wells, the following minimum proposed operating data should also be provided. If the information is proprietary an applicant may, in lieu of the ranges in concentrations, choose to submit maximum concentrations which shall not be exceeded. In such a case the applicant shall retain records of the undisclosed concentrations and provide them upon request to the commissioner as part of any enforcement investigation;

i. average and maximum daily rate and volume of fluid to be injected;

ii. average and maximum injection pressure; and

iii. qualitative analysis and ranges in concentrations of all constituents of injected fluids. The applicant may request confidentiality.

b. the cavern and surface facility design requirements of §3315, including, but not limited to cavern spacing requirements and cavern coalescence;

c. the well construction and completion requirements of §3317, including, but not limited to open borehole surveys, casing and cementing, casing and casing seat tests, cased borehole surveys, hanging strings, and wellhead components and related connections;

d. the operating requirements of §3319, including, but not limited to cavern roof restrictions, blanket material, remedial work, well recompletion, multiple well caverns, cavern allowable operating pressure and rates, and extracted cavern fluid management.

e. the safety requirements of §3321, including, but not limited to an emergency action plan, controlled site access, facility identification, personnel, wellhead protection and identification, valves and flowlines, alarm systems, emergency shutdown valves, systems test and inspections, and surface facility retaining walls and spill containment, contingency plans to cope with all shut-ins or well failures to prevent the migration of contaminating fluids into underground sources of drinking water;

f. the monitoring requirements of §3323, including, but not limited to equipment requirements such as pressure gauges, pressure sensors and flow sensors, continuous recording instruments, and subsidence monitoring, as well as a description of methods that will be undertaken to monitor cavern growth due to under saturated fluid injection;

g. the pre-operating requirements of §3325, specifically the submission of a completion report, and the information required therein;

h. the mechanical integrity pressure and leak test requirements of §3327, including, but not limited to frequency of tests, test methods, submission of pressure and leak test results, and notification of test failures;

i. the cavern configuration and capacity measurement procedures of §3329, including, but not limited to sonar caliper surveys, frequency of surveys, and submission of survey results;

j. the requirements for inactive caverns in §3331;

k. the reporting requirements of §3333, including, but not limited to the information required in quarterly operation reports;

l. the record retention requirements of §3335;

m. the closure and post-closure requirements of §3337, including, but not limited to closure plan requirements, notice of intent to close, standards for closure, and post-closure requirements; and

n. any other information pertinent to operation of the solution-mining well, including, but not limited to any waiver for surface siting, monitoring equipment and safety procedures.

F. If an alternative means of compliance has previously been approved by the commissioner of conservation within an approved area permit, applicants may submit the alternative means of compliance for new applications for wells within the same area permit in order to meet the requirements of E.11.d, e, and f of this Section.

G. Confidentiality of Information. In accordance with R.S. 44.1 et seq., any information submitted to the Office of Conservation pursuant to these regulations may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application for, or instructions, or in the case of other submissions, by stamping the words "Confidential Business Information" on each page containing such information. If no claim is made at the time of submission, the Office of Conservation may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in R.S. 44.1 et seq. (Public Information).

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

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

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

La. Admin. Code tit. 43, § XVII-3307

Promulgated by the Department of Natural Resources, Office of Conservation, LR 40:320 (February 2014), Amended LR 42414 (3/1/2016), Amended LR 482304 (9/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.