Current through Register Vol. 50, No. 9, September 20, 2024
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.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
30:4 et seq.