LAC 43:XVII.3803. General Provisions

A. Applicability 1. This Chapter establishes the regulatory framework for permit application review fees associated with Class VI geologic sequestration facilities and wells. Timing, commencement of review, and allocation of resources for any Class VI permit application review is an exercise of the commissioner’s discretion and is subject to, but not limited by, the availability of resources, the scale of the project, the quality of the application submittal, and the complexity of the review required in order to evaluate the permit application. 2. Permit applications reviewed under these rules shall meet all statutory and regulatory requirements, including those requirements related to public notice and participation processes. B. Eligibility 1. The fees specified in this Chapter shall apply to any permit application for a new Class VI geologic sequestration facility or well and for any review pursuant to LAC 43:XVII.Chapter 36 or R.S. 30:1101 et seq. 2. The fees of this Chapter are established pursuant to R.S. 30:1101 et seq. and are not applicable to enhanced oil recovery projects, except for those which transition into Class VI geologic sequestration projects. C. Expedited Permit Review 1. An expedited permit review pursuant to LAC 43:XIX.4701 et seq. by Office of Conservation staff is separate from the reviews pursuant to this Chapter. An applicant may request an expedited permit review, which, if granted, shall require the applicant to pay additional fees. D. Qualified Third-Party Review 1. Pursuant to R.S. 30:1110(E), the commissioner may contract for outside professional services to assist with Class VI permit application reviews. 2. The cost of the Qualified Third-Party (“QTP”) review will be drawn from the filing fee. a. If the cost of the QTP review exceeds the filing fee, the Office of Conservation may require additional funds from the applicant in order to proceed further with the permit application review. b. An applicant may request a QTP review of any of its pending Class VI permit applications at any time before commencement of the technical review of such permit application. c. The Commissioner of Conservation may require a QTP review of any Class VI permit application.