LAC 43:XVII.3623. Emergency Response

A. Emergency and Remedial Response. 1. As part of the permit application, the owner or operator must provide the commissioner with an emergency and remedial response plan that describes actions the owner or operator must take to address movement of the injection or formation fluids that may cause an endangerment to a USDW during construction, operation, and post-injection site care periods. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. 2. If the owner or operator obtains evidence that the injected carbon dioxide stream and associated pressure front may cause an endangerment to a USDW, the owner or operator must: a. immediately cease injection; b. take all steps reasonably necessary to identify and characterize any release; c. notify the commissioner within 24 hours; and d. implement the emergency and remedial response plan approved by the commissioner. 3. The commissioner may allow the operator to resume injection prior to remediation if the owner or operator demonstrates that the injection operation will not endanger USDWs. 4. The owner or operator shall review the emergency and remedial response plan developed under §3623.A.1 at least once every five years. Based on this review, the owner or operator shall submit an amended emergency and remedial response plan or demonstrate to the commissioner that no amendment to the emergency and remedial response plan is needed. Any amendments to the emergency and remedial response plan must be approved by the commissioner, must be incorporated into the permit, and are subject to the permit modification requirements at §3613, as appropriate. Amended plans or demonstrations shall be submitted to the commissioner as follows: a. within one year of an area of review reevaluation; b. following any significant changes to the facility, such as addition of injection or monitoring wells, on a schedule determined by the commissioner; or c. when required by the commissioner. 5. In addition to any other requirements imposed by the commissioner, the emergency and remedial response plan shall provide for continuing training programs for operating and maintenance personnel regarding potential hazards, risk scenarios, and response activities. 6. Prior to the commencement of carbon dioxide injection, the owner or operator shall provide a copy of the approved emergency and remedial plan to the parish president, police jury president, or mayor-president, depending on the form of perish government, for each parish within the area of review for dissemination to the office of homeland security, local emergency preparedness committee, or other emergency preparedness or response agencies. 7. The owner or operator shall conduct at least one tabletop exercise for each storage facility prior to the commencement of injection to simulate emergency situation and responses thereto in coordination with the appropriate emergency preparedness and response agencies, as designated by the governing authority for each parish within the area of review.