LAC 43:XVII.3611. Permitting Process

A. Applicability. This Section contains procedures for issuing all Class VI permits. B. Application Submission and Review 1. Any person required to have a UIC permit shall submit an application to the Office of Conservation, UIC Section, as outlined in §3605. 2. Administrative Completeness: a. the commissioner shall not issue a permit before receiving an application form and any required supplemental information which are completed to his satisfaction. The completeness of any application for a permit shall be judged independently of the status of any other permit application or permit for the same facility or activity; b. each application for a permit submitted for a new UIC injection well will be reviewed for administrative completeness by the commissioner and the applicant will be notified of the commissioner's decision in writing within 30 days of its receipt. c. If the application is not administratively complete, the commissioner shall list in the notification in §3611.B.2.b above, the information necessary to make the application administratively complete. When the application is for an existing UIC injection well, the commissioner shall specify in the notice a date for submitting the necessary information. The commissioner shall notify the applicant that the application is complete upon receiving this information. The commissioner may request additional information from an applicant only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete. d. If an applicant fails or refuses to correct deficiencies found in the application, the permit may be denied and, for existing wells, appropriate enforcement actions may be taken under the applicable statutory provision. e. Within 30 days of receiving notice of the application being deemed administratively complete, the applicant shall make a good faith effort to provide notice of the submission of the application via United States mail to all of the following: i. the last operator of record for any oil and gas well located within the area of review; and ii. any person known to the applicant after reasonable search, including owners and operators, acting on behalf of that person, that presently has the right to drill into and produce from a pool and to appropriate production either for himself or others within the predicted or modeled carbon dioxide plume. f. The designation of administratively complete only confirms the submission of elements required to begin the technical review process. It does not imply or confirm the presence of adequate technical content nor limit requirements for additional submittals or actions required for permitting. 3. Technical Completeness a. After an application is deemed administratively complete, it will be reviewed for technical completeness by the commissioner. The commissioner may request additional information from an applicant only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application administratively incomplete. b. If an applicant fails or refuses to correct deficiencies found in the application, the permit may be denied and, for existing wells, appropriate enforcement actions may be taken under the applicable statutory provision. 4. If the commissioner decides that a site visit is necessary for any reason in conjunction with the processing of an application, he shall notify the applicant, state the reason for the visit, and a date shall be scheduled. C. Draft Permits 1. Once an application is deemed technically complete, the commissioner shall prepare a draft permit or deny the application. 2. The applicant may appeal the decision to deny the application in a letter to the commissioner who may then call a public hearing through §3611.G.1. 3. If the commissioner prepares a draft permit, it shall contain the following information where appropriate: a. all conditions under §§3609, 3615, 3617, 3619, 3621, 3623, 3625, 3627, 3629, and 3631; b. all compliance schedules under §3609.N; and c. all monitoring requirements under applicable Paragraphs in §3625. 4. All draft permits prepared under this Section may be accompanied by a fact sheet pursuant to §3611.D, and shall be publicly noticed in accordance with §3611.E, and made available for public comment pursuant to §3611.F. D. Fact Sheet 1. A fact sheet shall be prepared for every draft permit for all major UIC facilities or activities and for every draft permit which the commissioner finds is the subject of wide-spread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permits. The commissioner shall send this fact sheet to the applicant and, on request, to any other person. 2. The fact sheet shall include, when applicable: a. a brief description of the type of facility or activity which is the subject of the draft permit; b. the type and quantity of wastes, fluids, or pollutants which are proposed to be or are being injected; c. a brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions; d. reasons why any requested variances or alternatives to required standards do or do not appear justified; e. a description of the procedures for reaching a final decision on the draft permit including: i. the beginning and ending dates of the comment period under §3611.F and the address where comments will be received; ii. procedures for requesting a hearing and the nature of that hearing; and iii. any other procedures by which the public may participate in the final decision; f. name and telephone number of a person to contact for information. 3. All persons identified in §3611.E.3.a.i, ii, iii, and iv shall be mailed or emailed a copy of the fact sheet, the draft permit, and a notice that the permit application will be available online. E. Public Notice of Permit Actions and Public Comment Period 1. Scope a. The commissioner shall give public notice (including a notice of intent to deny a permit application) that the following actions have occurred: i. a draft permit has been prepared under §3611.C; and ii. a hearing has been scheduled under §3611.G. b. No public notice is required when a request for permit modification, revocation and reissuance, or termination is denied under §3613. Written notice of that denial shall be given to the requester and to the permittee. c. Public notices may describe more than one permit or permit action. 2. Timing a. Public notice of the preparation of a draft permit required under §3611.E.1 shall allow at least 30 days for public comment. b. Public notice of a public hearing shall be given at least 30 days before the hearing. (Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined). 3. Methods. Public notice of activities described in §3611.E.1.a shall be given by the following methods: a. by electronic mailing (emailing) or by mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this Section may waive his rights to receive notice for any classes and categories of permits): i. the applicant; ii. any other agency which the commissioner knows has issued or is required to issue a permit for the same facility or activity (including EPA); iii. federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, the State Archeological Survey and Antiquities Commission, the Director of the Public Water Supply Supervision program in the State, the Department of Natural Resource, and other appropriate government authorities, including any unit of local government having jurisdiction over the area where the facility is proposed to be located, any affected states or Indian Tribes; and iv. persons on a UIC mailing list developed by: (a). including those who request in writing to be on the list; (b). soliciting persons for “area lists” from participants in past permit proceedings in that area; and (c). notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as Regional and State funded newsletters, environmental bulletins, or State law journals. (The commissioner may update the mailing list from time to time by requesting written indication of continued interest from those listed. The commissioner may delete from the list the name of any person who fails to respond to such a request.) b. publication of a notice in a daily or weekly newspaper within the area affected by the facility or activity; c. in a manner constituting legal notice to the public under state law; and d. any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other form or medium to elicit public participation. 4. Contents a. All Public Notices. Public notices issued under this Section shall contain the following information: i. name and address of the Division of the Office of Conservation processing the permit action for which notice is being given; ii. name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit; iii. a brief description of the business conducted at the facility or activity described in the permit application or the draft permit; iv. name, address, and telephone number of a person from whom interested persons may obtain copies of the draft permit, the fact sheet, the application, and further information concerning the application; v. a brief description of the comment procedures required by §3611.F and the time and place of any hearing that will be held, including a brief statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision; and vi. any additional information considered necessary or proper. b. Public Notices for Hearings. In addition to the general public notice described in §3611.E.4.a, the public notice of a hearing under §3611.G shall contain the following information: i. reference to the date of previous public notices relating to the permit; ii. date, time, and place of the hearing; and iii. a brief description of the nature and purpose of the hearing, including the applicable rules and procedures. F. Public Comments and Requests for Public Hearings. During the public comment period provided under §3611.G, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in §3611.H. G. Public Hearings 1. The commissioner shall hold a public hearing whenever he finds, on the basis of requests, a significant degree of public interest in (a) draft permit(s). The commissioner also may hold a public hearing at his discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the permit decision. Public notice of the hearing shall be given as specified in §3611.E. 2. Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. The public comment period under §3611.G shall automatically be extended to the close of any public hearing under this Section. The hearing officer may also extend the comment period by so stating at the hearing. 3. A tape recording or written transcript of the hearing shall be made available to the public. H. Response to Comments 1. At the time that any final permit is issued the commissioner shall issue a response to comments. This response shall: a. specify which provisions; if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and b. briefly describe and respond to all significant comments on the draft permit or the permit application raised during the public comment period, or during any hearing. 2. The response to comments shall be available to the public. I. Permit Issuance and Effective Date 1. After closure of the public comment period, including any public hearing, under §3611.G on a draft permit, the commissioner shall issue a final permit decision as soon as practicable. The commissioner shall notify the applicant, each person who has submitted written comments or requested notice of the final permit decision, and the governing authority for any parish within the area of review. This notice shall include reference to the procedure for appealing a decision on a UIC permit under La. Title 30 R.S. §30:15. For the purposes of this section, a final permit decision means a final decision to issue, deny, modify, revoke and reissue, or terminate a permit. 2. A final permit decision shall become effective on the date of issuance. 3. Approval or the granting of a permit to construct a Class VI well shall be valid for a period of one year and if not begun in that time, the permit shall be null and void. The permittee may request an extension of this one-year requirement; however, the commissioner shall approve the request for extenuating circumstances only. J. Additional Notifications 1. Within 30 days after approval or granting of a permit to construct a Class VI well, the owner or operator shall record in the conveyance records of the clerk of court’s office for any parish within the area of review: a. a notice of the permit which includes the Office of Conservation permit number and the serial number of the Class VI well; and b. a map or maps bearing the Office of Conservation permit number containing the location or proposed location for the following items, but only to the extent that this information is also required under §3607.C.1: i. injection wells; ii. monitoring wells; iii. producing wells; iv. abandoned and orphan wells; v. plugged wells and dry holes; vi. known and suspected faults; vii. water wells; viii. surface bodies of water; ix. natural springs; x. aquifers; xi. structures intended for human occupancy; xii. roads; and xiii. state and parish boundaries. 2. The owner or operator shall notify the governing authority of each parish in which the maps are recorded within 30 days after recordation. Notice may be made by electronic mail to the parish president, police jury president, or mayor-president, depending on the form of parish government.