La. Admin. Code tit. 43 § XVII-109

Current through Register Vol. 50, No. 11, November 20, 2024

Section XVII-109 - Technical Criteria and Standards

A. Class I Wells

1. Applicability. This Subsection establishes technical criteria and standards for regulation of Class I wells which possess a permit or are authorized by rule.

2. Area of Review

a. The area of review for each Class I injection well shall be a fixed radius around the well of not less than 2 miles.

b. All known unplugged or improperly plugged and abandoned wells in the area of review which penetrate the injection zone are subject to the corrective action requirements of §109. A 3

3. Corrective Action

a. Coverage. Applicants for Class I injection well permits shall identify the location of all known wells within the area of review which penetrate the injection zone. For such wells which are improperly sealed, completed or abandoned, the applicant shall also submit a plan consisting of such steps or modifications as are necessary to prevent movement of fluid into underground sources of drinking water ("corrective action"). Where the plan is adequate, the commissioner shall incorporate it into the permit as a condition. Where the commissioner's review of an application indicates that the permittee's plan is inadequate (based on the factors in §109. A.3.c the commissioner shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit under §109. A.3 b, or deny the application.

b. Requirements

i. Existing Injection Wells. Any permit issued for an existing injection well requiring corrective action shall include a compliance schedule requiring any corrective action accepted or prescribed under §109. A.3.a to be completed as soon as possible.

ii. New Injection Wells. No permit for a new injection well may authorize injection until all required correction action has been taken.

iii. Injection Pressure Limitation. The commissioner may require as a permit condition that injection pressure be so limited that pressure in the injection zone does not cause the movement of fluids into a USDW through any improperly completed or abandoned will within the area of review. This pressure limitation shall satisfy the corrective action requirement. Alternatively, such injection pressure limitation can be part of a compliance schedule and last until all other required corrective action has been taken.

c. In determining the adequacy of corrective action proposed by an application for a well requiring such action and in determining the additional steps needed to prevent fluid movement into underground sources of drinking water, the following criteria and factors shall be considered by the commissioner:

i. nature and volume of the injected fluid;

ii. nature of native fluids or by-products of injection;

iii. potentially affected population;

iv. geology;

v. hydrology;

vi. history of the injection operation;

vii. completion and plugging records;

viii. abandonment procedures in effect at the time the well was abandoned; and

ix. hydraulic connections with underground sources of drinking water.

4. Construction Requirements

a. Siting. All Class I wells shall be sited in such a fashion that they inject into a formation which is beneath the lower most formation containing an underground source of drinking water within 1/4 mile radius of the well bore.

b. Casing and Cementing

i. All Class I wells shall be cased and cemented to prevent the movement of fluids into or between USDWs.

ii. Cementing shall be by the pump and plug or other method approved by the commissioner and sufficient amount of cement shall be used to fill the annular space between the hole and casing and between casing strings to the surface of the ground.

iii. The casing and cement used in the construction of each new injection well shall be designed for the life expectancy of the well.

iv. Surface casing shall be set to a minimum subsurface depth determined by the commissioner to properly protect underground sources of drinking water and cemented to the surface. If the long string or intermediate casing is to be perforated, the approved casing shall be set to a depth below the injection zone and cemented to the surface. If an approved alternate method is used, such as the setting of a screen, the casing shall be set to the top of the injection zone and cemented back to the surface.

v. In determining and specifying casing and cementing requirements, the following factors shall be considered:

(a). depth to the injection zone;

(b). injection pressure, external pressure, internal pressure, and axial loading;

(c). hole size;

(d). size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification, and construction material);

(e). corrosive effects of injected fluid, formation fluids, and temperatures;

(f). lithology of injection and confining intervals; and

(g). types and grades of cement.

c. Tubing and Packer

i. All Class I injection wells shall inject fluids through tubing with either a packer set above the injection zone or a fluid seal system approved by the commissioner. In determining and specifying requirements for tubing, packer or fluid seal system, the following factors shall be considered:

(a). depth of setting;

(b). characteristics of injection fluid;

(c). injection pressure;

(d). annular pressure;

(e). rate, temperature, and volume of injected fluid; and

(f). size of casing.

ii. The use of other alternatives to a packer may be allowed with the written approval of the commissioner. To obtain approval, the operator shall submit a written request to the commissioner, which shall set forth the proposed alternative and all technical data supporting its use. The commissioner shall approve the request if the alternative method will reliably provide a comparable level of protection to underground sources of drinking water. The commissioner may approve an alternative method for an individual well or for general use.

iii. A corrosion resistant fluid shall be placed under pressure into the tubing-long string casing annulus. The annulus pressure shall be monitored in accordance with §109. A.7 d

d. Logs and Tests. Appropriate logs and other tests shall be conducted during the drilling and construction of new Class I wells. All logs and tests shall be interpreted by the service company which processed the logs or conducted the test, or by other qualified persons. A minimum of the following logs and tests shall be conducted.

i. Deviation checks on all holes constructed by first drilling a pilot hole, and then enlarging the pilot hole by reaming or another method. Such checks shall be at sufficiently frequent intervals to assure that avenues for fluid migration in the form of diverging holes are not created during drilling.

ii. For surface casing:

(a). spontaneous potential, resistivity or gamma-resistivity, and caliper logs before the casing is installed; and

(b). a cement bond, temperature, or density log after the casing is set and cemented.

iii. For intermediate and long string casing:

(a). spontaneous potential, resistivity or gamma-resistivity, and caliper logs before the casing is installed;

(b). a fracture finder log when applicable; and

(c). a cement bond log, a gamma-ray (full hole) log, and an inclination survey after the casing is set and cemented.

iv. All casing strings shall be pressure tested at conditions specified by the commissioner and reported on form CSG.T.

v. If core data is not available from nearby wells full-hole cores shall be taken from selected intervals of the injection zone and lowermost confining zone; or, if full-hole coring is not feasible or adequate core recovery is not achieved, side-wall cores shall be taken at sufficient intervals to yield representative data for selected parts of the injection zone and lowermost confining zone. Core analysis shall include a determination of permeability, porosity, bulk density, and other necessary tests.

e. Injectivity Tests. After completion of the well, injectivity tests shall be performed to determine the well capacity and reservoir characteristics. Surveys shall be performed to establish preferred injection zones. Prior to performing injectivity tests, the bottom hole pressure, bottom hole temperature, and static fluid level shall be determined, and a representative sample of formation fluid shall be obtained for chemical analysis.

f. Construction Supervision. All phases of well construction and all phases of any well workover shall be supervised by a person who is knowledgeable and experienced in practical drilling engineering and who is familiar with the special conditions and requirements of injection well construction.

5. Pre-Operation Requirements. In order to receive approval to start operation of a new well, the permittee must supply the following to the commissioner within 30 days of well completion.

a. A completion report containing, at a minimum, the following:

i. the drilling and complete and accurate record of the depth, thickness, and character of the strata penetrated;

ii. casing and cement records;

iii. well logs;

iv. injectivity test data;

v. measured bottomhole temperature and pressure;

vi. core sample testing results;

vii. formation fluid analysis;

viii. compatibility testing results;

ix. test data which provides a demonstration of mechanical integrity pursuant to §109. A 9;

x. a descriptive report interpreting the results of all logs and tests;

xi. a revised formation pressure build-up calculation in accordance with §105. E.3 l;

xii. a revised waste front travel calculation (§105. E.3 m); and

xiii. revised cross sections of the injection zone using pertinent data above.

b. For commercial Class I wells, written notification that a copy of the permit has been filed with the appropriate authorities where the well is located.

c. Written Notification of the Anticipated Well Startup Date. Compliance with all pre-operation terms of the permit must occur and approval to start operation must be received from the commissioner prior to beginning injection operations (see §107 L)

d. The commissioner may give permission to commence injection for an interim period of 30 days following the inspection required in §107. L.2.b Final permission to inject will be given only upon receipt and approval of the completion report required in §109. A 5

6. Operating Requirements

i. Except during well stimulation, the Maximum Surface Injection Pressure (MSIP) shall not exceed the surface injection pressure needed to initiate fracture of the injection or confining zone(s) and shall be calculated by following the formula:

MSIP = 0.85 [BHP_F - H] + TF + SE

where:

BHP_F = bottomhole fracture pressure established by gradients for the area the well is located in or actual testing

H = hydrostatic pressure

TF = frictional loss in the tubing during maximum injection rate

SE = skin effects as established by accepted engineering test procedures as described in "Pressure Buildup and Flow Tests in Wells", by C.S. Matthews and D.G. Russell or approved alternate tests (optional variable)

ii. In no case shall the calculated maximum surface injection pressure exceed the surface injection pressure needed to initiate fractures in the confining or injection zone(s) or cause movement of injection or formation fluids into a USDW.

b. Injection between the outermost casing protecting underground sources of drinking water and the well bore is prohibited.

c. Unless an alternative to a packer has been approved by the commissioner, the tubing-long string casing annulus shall be filled with a corrosion resistant fluid approved by the commissioner. A positive pressure, also approved by the commissioner, shall be maintained on the annulus to detect well malfunctions.

d. A protective barrier shall be maintained around the wellhead and related appurtenances during all normal in-service and out-of-service periods for protection against mechanical damage.

e. A sign shall be maintained on the protective barrier of each injection well identifying the well class (Class I) operator, well name and/or number, UIC permit number, and any other information required by the commissioner.

f. Approval by the commissioner shall be obtained before the permittee may begin any workover operation (see §109. A.8.b.i All fluids and materials (sand, etc.) removed from a well during any workover operation shall be contained and disposed of properly.

7. Monitoring Requirements

a. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.

b. Records of monitoring information shall include:

i. the date, exact place, and time of sampling or measurements;

ii. the individual(s) who performed the sampling or measurements;

iii. the date(s) analyses were performed;

iv. the individual(s) who performed the analyses;

v. the analytical techniques or methods used; and

vi. the results of such analyses.

c. Injection fluids shall be sampled and analyzed with a frequency sufficient to yield data representative of their characteristics.

d. Pressure gauges shall be installed and properly maintained on the injection tubing and on the annulus at the wellhead.

e. Continuous recording devices shall be installed and maintained in proper operating condition at all times to monitor and record injection tubing pressures, injection flow rates, injection volumes, tubing-long string casing annulus pressure, and any other specified data. The instruments shall be housed in weatherproof enclosures.

f. Any wells within the area of review selected for the observation of water quality, formation pressure, or any parameter, shall be monitored at a frequency sufficient to protect USDWs.

g. Mechanical integrity shall be demonstrated and reported according to the procedures, and at the frequency, specified in §109. A 9

8. Reporting Requirements

a. Quarterly Reports to the Commissioner

i. This report shall include:

(a). the physical, chemical, and other relevant characteristics of the injection stream;

(b). monthly average, maximum, and minimum values for injection pressure, flow rate and volume, cumulative volume, and annular pressure;

(c). the results of any mechanical integrity tests performed during the quarter;

(d). the results of any other well test performed during the quarter;

(e). the results of monitoring prescribed in §109. A.7 f; and

(f). the results of any well workover performed during the quarter including minor well maintenance.

ii. This report shall be filed four times a year within 30 days after the quarter end and if not received as required, the commissioner may commence appropriate enforcement action.

b. Workover Reports

i. Notification of Workover. The permittee shall notify the commissioner by telephone at (225) 342-5515 before commencing any workover operation which requires the use of a rig. In addition, the operator must obtain a work permit prior to any workover operation such as plug and abandon, deepen, perforate, squeeze, plugback, side-track, pull casing, pull tubing, or change zone of completion (disposal).

ii. Completed Workover Report. The first quarterly report after the completion of a workover shall include the reason for the well workover and the details of all work performed.

iii. Bottom Hole Pressure Report. During major workovers, the bottom hole pressure shall be determined either by direct measurement by conventional techniques or by calculation using specific gravity of fluid in the well bore and the static fluid level as specified by the commissioner.

9. Mechanical Integrity Testing

a. Mechanical integrity of Class I injection wells shall be defined as:

i. no significant leak(s) in the casing, tubing or packer; and

ii. no significant fluid movement into an underground source of drinking water through vertical channels adjacent to the injection well bore.

b. One of the following tests must be used to demonstrate the absence of significant leaks in §109. A.9.a.i above:

i. a fluid pressure test of the annular space witnessed by an Office of Conservation representative; or

ii. review of the continuous monitoring records required in §109. A.7 by an Office of Conservation representative.

c. One of the following tests may be used to demonstrate absence of significant vertical fluid movement in §109. A.9.a ii above:

i. radioactive tracer survey;

ii. high resolution temperature survey;

iii. audio Log; and/or

iv. other test accepted by the industry may be allowed with prior written approval from the commissioner.

d. Frequency of Mechanical Integrity Tests

i. Mechanical integrity tests under §109. A.9.b shall be performed on an alternative basis unless otherwise ordered by the commissioner or his representative. The frequency of this mechanical integrity testing shall be quarterly for commercial Class I wells and semiannually for on-site Class I wells.

ii. For new wells, mechanical integrity tests under §109. A.9.c shall be performed annually during the first two years of the well permit period and no less than once every five years thereafter. For existing wells, mechanical integrity tests under §109. A.9.c shall be performed at the time of repermitting and no less than once every five years thereafter.

e. The commissioner or his representative reserves the right to specifically require more frequent integrity testing as well as the right to specify the method of testing in specific instances.

f. Except during workovers or routine maintenance, any well which is not operational shall conform to the mechanical integrity requirements of this Section and shall sustain a positive pressure on the annulus during the period of non-use. When an operator plans to take a well out of operation, he shall submit a plan to the commissioner to assure the mechanical integrity of the well during non-use. If a well cannot meet the mechanical integrity requirements of this Section, the operator shall submit a plan to the commissioner within 30 days of the test, to properly bring the facility into compliance. If a plan is not submitted within 30 days or if the plan is considered inadequate, the operator will be given six months to plug and abandon the well as required in §109. A 10.

10. Plugging and Abandonment

a. Prior to plugging and abandoning a Class I well, the permittee shall submit to the commissioner a plan of plugging and abandonment which will include location, depth of plugs, type of cement and the general procedure for plugging. After receipt of this information, the commissioner may approve, modify or deny the plan of abandonment; the commissioner additionally may require the applicant to revise the plan.

b. Any Class I permit shall include conditions to ensure that plugging and abandonment of the well will not allow the movement of fluids either into an underground source of drinking water or from one USDW to another.

11. Recordkeeping Requirements

a. The permittee shall keep complete and accurate records of:

i. all monitoring required by the permit, including:

(a). continuous records of surface injection pressures;

(b). continuous records of the tubing-long string annulus pressures;

(c). continuous records of injection flow rates; and

(d). monthly total volume of injected fluids.

ii. all periodic well tests, including but not limited to:

(a). injection fluid analyses;

(b). bottom hole pressure determinations; and

(c). mechanical integrity.

b. The permittee shall retain records of all information resulting from any monitoring activities for a period of at least three years from the date of the sample or measurement. This period may be extended by request of the commissioner at any time.

c. In addition to Paragraph 11.b above, the permittee shall retain all records concerning the nature, composition, and volume of injected fluids until three years after completion of any plugging and abandonment procedures. The commissioner may require the owner or operator to deliver the records to the Office of Conservation at the conclusion of the retention period.

d. All records shall be made available for review upon request from a representative of the commissioner.

12. Waiver of Requirements

a. When injection does not occur into, through, or above an underground source of drinking water, the commissioner may authorize a Class I well with less stringent requirements for area of review, construction, mechanical integrity, operation, monitoring and reporting than required in this Section, to the extent that the reduction in requirements will not result in an increased risk of movement of fluids into a USDW.

b. When reducing requirements under this Section, the commissioner shall issue an order explaining the reasons for the action.

13. Additional Requirements. The commissioner may prescribe additional requirements for Class I wells in order to protect underground sources of drinking water.

B. Class III Wells

1. Applicability. This Subpart establishes criteria and standards for regulation of Class III wells or projects which possess a permit or are authorized by rule.

2. Area of Review

a. For individual Class III wells, the area of review shall be a fixed radius around the well of not less than 1/4 mile.

b. For wells in a Class III project, the area of review shall be the project area plus a circumscribing area the width of which is not less than 1/4 mile.

3. Corrective Action

a. Coverage. Applicants for class III injection well permits shall identify the location of all known wells within the injection well's area of review which penetrate the injection zone. For such wells which are improperly sealed, completed, or abandoned, the applicant shall also submit a plan consisting of such steps or modifications as are necessary to prevent movement of fluid into underground sources of drinking water corrective action. Where the plan is adequate, the commissioner shall incorporate it into the permit as a condition. Where the commissioner's review of an application indicates that the permittee's plan is inadequate (based on the factors in Subparagraph c below) the commissioner shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit or deny the application.

b. Requirements

ii. New Injection Wells. No permit for a new injection well may authorize injection until all required correction action has been taken.

iii. Injection Pressure Limitation. The commissioner may require as a permit condition that injection pressure be so limited that pressure in the injection zone does not cause the movement of fluids into a USDW through any improperly completed or abandoned well within the area of review. This pressure limitation shall satisfy the corrective action requirement. Alternatively, such injection pressure limitation can be part of a compliance schedule and last until all other required corrective action has been taken.

c. When setting corrective action requirements for Class III wells, the commissioner shall consider the overall effect of the project on the hydraulic gradient in potentially affected USDWs, and the corresponding changes in potentiometric surface(s) and flow direction(s) rather than the discrete effect of each well. If a decision is made that corrective action is not necessary based on the determinations above, the monitoring program required in §109. B.7 shall be designed to verify the validity of such determination.

d. In determining the adequacy of corrective action proposed by the applicant under §109. B.3.a above and in determining the additional steps needed to prevent fluid movement into underground sources of drinking water, the following criteria and factors shall be considered by the commissioner:

i. nature and volume of injected fluid;

ii. nature of native fluids or by-products of injection;

iii. potentially affected population;

iv. geology;

v. hydrology;

vi. history of the injection operation;

vii. completion and plugging records;

viii. abandonment procedures in effect at the time the well was abandoned; and

ix. hydraulic connections with underground sources of drinking water.

4. Construction Requirements

a. All new Class III wells shall be cased and cemented to prevent the migration of fluids into or between underground sources of drinking water. The commissioner may waive the cementing requirement for new wells in existing projects or portions of existing projects where he has substantial evidence that no contamination of underground sources of drinking water would result. The casing and cement used in the construction of each newly drilled well shall be designed for the life expectancy of the well. In determining and specifying casing and cementing requirements, the following factors shall be considered:

i. depth to the injection zone;

ii. injection pressure, external pressure, internal pressure, axial loading, etc.;

iii. hole size;

iv. size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification, and construction material);

v. corrosiveness of injected fluids and formation fluids;

vi. lithology of injection and confining zones; and

vii. type and grade of cement.

b. Appropriate logs and other tests shall be conducted of new Class III wells. A descriptive report interpreting the results of such logs and tests shall be prepared by a knowledgeable log analyst and submitted to the commissioner. The logs and tests appropriate to each type of Class III well shall be determined based on the intended function, depth, construction, and other characteristics of the well, availability of similar data in the area of the drilling site and the need for additional information that may arise from time to time as the construction of the well progresses. Deviation checks shall be conducted on all holes where pilot holes and reaming are used, unless the hole will be cased and cemented by circulating cement to the surface. Where deviation checks are necessary, they shall be conducted at sufficiently frequent intervals to assure that vertical avenues for fluid migration in the form of diverging holes are not created during drilling.

c. 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.

d. Where the injection formation is not a water bearing formation, the information in §109. B.4.c ii must be submitted.

e. Where injection is into a formation which contains water with less than 10,000 mg/1 TDS, monitoring wells shall be completed into the injection zone and into any underground sources of drinking water above the injection zone which could be affected by the mining operation. These wells shall be located in such a fashion as to detect any excursion of injected fluids, process by-products, or formation fluids outside the mining area or zone. If the operation may be affected by subsidence or catastrophic collapse the monitoring wells shall be located so that they will not be physically affected.

f. Where injection is into a formation which does not contain water with less than 10,000 mg/1 TDS, no monitoring wells are necessary in the injection stratum.

g. Where the injection wells penetrate a USDW in an area subject to subsidence or catastrophic collapse an adequate number of monitoring wells shall be completed into the USDW to detect any movement of injected fluids, process by-products or formation fluids into the USDW. The monitoring wells shall be located outside the physical influence of the subsidence or catastrophic collapse.

h. In determining the number, location, construction and frequency of monitoring of the monitoring wells the following criteria shall be considered:

i. the population relying on the USDW affected or potentially affected by the injection operation;

ii. the proximity of the injection operation to points of withdrawal of drinking water;

iii. the local geology and hydrology;

iv. the operating pressures and whether a negative pressure gradient is being maintained;

v. the nature and volume of the injected fluid, the formation water, and the process by-products; and

vi. the injection well density.

5. Pre-Operation Requirements. Prior to granting approval for the operation of an individual Class III well, except for wells drilled under an area permit, the commissioner shall consider the following information:

a. all available logging and testing data on individual wells; representative logs on Class III projects;

b. a satisfactory demonstration of mechanical integrity for all new wells and for all existing salt solution wells;

c. the results of the formation testing program;

d. the status of corrective action on defective wells in the area of review;

e. the proposed operating data; and

f. the proposed injection procedures.

6. Operating Requirements. Operating requirements prescribed shall, at a minimum, specify that:

a. except during well stimulation injection pressure at the well-head shall be calculated so as to assure that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the injection zone. In no case shall injection pressure initiate fractures in the confining zone or cause the migration of injection or formation fluids into an underground source of drinking water; and

b. injection between the outermost casing protecting underground sources of drinking water and the well bore is prohibited.

7. Monitoring Requirements. Monitoring requirements shall, at a minimum, specify:

a. monitoring of the nature of injected fluids with sufficient frequency to yield representative data on its characteristics. Whenever the injection fluid is modified to the extent that the analysis required by §105. F.3.b is incorrect or incomplete, a new analysis shall be provided to the commissioner;

b. monitoring of injection pressure and either flow rate or volume semi-monthly, or metering and daily recording of injected and produced fluid volumes as appropriate;

c. demonstration of mechanical integrity pursuant to §109. B.9 at least once every five years during the life of the well for salt solution mining;

d. monitoring of the fluid level in the injection zone semi-monthly, where appropriate, and monitoring of the parameters chosen to measure water quality in the monitoring wells required by §109. B.4 c, semi-monthly;

e. quarterly monitoring of wells required by §109. B.4 g; and

f. all Class III wells may be monitored on a field or project basis rather than an individual well basis by manifold monitoring. Manifold monitoring may be used in cases of facilities consisting of more than one injection well, operating with a common manifold. Separate monitoring systems for each well are not required provided the owner/operator demonstrates that manifold monitoring is comparable to individual well monitoring.

8. Reporting Requirements. Reporting requirements shall, at a minimum, include:

a. quarterly reporting to the commissioner on required monitoring;

b. results of mechanical integrity and any other periodic test required by the commissioner reported with the first regular quarterly report after the completion of the test; and

c. monitoring may be reported on a project or field basis rather than individual well basis where manifold monitoring is used.

9. Mechanical Integrity

a. An injection well has mechanical integrity if:

i. there is no significant leak in the casing, tubing, or packer; and

ii. there is no significant fluid movement into an underground source of drinking water through vertical channels adjacent to the injection well bore.

b. One of the following methods must be used to evaluate the absence of significant leaks under §109. B.9.a i:

i. monitoring of annulus pressure; or

ii. pressure test with liquid or gas.

c. One of the following methods must be used to determine the absence of significant fluid movement under §109. B.9.a ii:

i. for Class III wells where the nature of the casing precludes the use of the logging techniques prescribed in §109. B.9.c iii, cementing records demonstrating the presence of adequate cement to prevent such migration; or

ii. the results of a temperature or noise log;

iii. for Class III wells where the commissioner elects to rely on cementing records to demonstrate the absence of significant fluid movement, the monitoring program prescribed by §109. B.7 shall be designed to verify the absence of significant fluid movement.

d. The commissioner may allow the use of a test to demonstrate mechanical integrity other than those listed in §109. B.9.b and c.ii.

e. In conducting and evaluating the tests enumerated in this Section or others to be allowed by the commissioner, the owner or operator and the commissioner shall apply methods and standards generally accepted in the industry. When the owner or operator reports the results of mechanical integrity tests to the commissioner, he shall include a description of the test(s) and the method(s) used. In making his evaluation, the commissioner shall review monitoring and other test data submitted since the previous evaluation.

10. Plugging and Abandonment

a. Any Class III permit shall include conditions to ensure that plugging and abandonment of the well will not allow the movement of fluids either into an underground source of drinking water or from one underground source of drinking water to another. Any applicant for a UIC permit shall be required to submit a plan for plugging and abandonment. Where the plan meets the requirements of this Section, the commissioner shall incorporate it into the permit as a condition. Where the commissioner's review of an application indicates that the permittee's plan is inadequate, the commissioner shall require the applicant to revise the plan, prescribe the conditions meeting the requirements of this Section, or deny the application. For purposes of this Section, temporary intermittent cessation of injection operations is not abandonment.

b. The permittee shall notify the commissioner at such time as the permit requires before conversion or abandonment of the well or in the case of area permits before closure of the project.

c. Prior to the abandoning Class III wells, the well shall be plugged with cement in a manner which will not allow the movement of fluids either into or between underground sources of drinking water. The commissioner may allow Class III wells to use other plugging materials if he is satisfied that such materials will prevent movement of fluids into or between underground sources of drinking water.

d. Placement of the cement plugs shall be accomplished by one of the following:

i. the Balance Method;

ii. the Dump Bailer Method; or

iii. the Two-Plug Method.

e. The well to be abandoned shall be in a state of static equilibrium with the mud weight equalized top to bottom, either by circulating the mud in the well at least once or by a comparable method prescribed by the commissioner, prior to the placement of the cement plug(s).

f. The plugging and abandonment plan required in §109. B 10.a above shall, in the case of a Class III project which underlies or is in an aquifer which has been exempted under §103. H also demonstrate adequate protection of USDWs. The commissioner shall prescribe aquifer cleanup and monitoring where he deems it necessary and feasible to insure adequate protection of USDWs.

11. Area or Project Permit Authorization

a. The commissioner may issue a permit on an area basis, rather than for each well individually, provided that the permit is for injection wells:

i. described and identified by location in permit application(s) if they are existing wells, except that the commissioner may accept a single description of wells with substantially the same characteristics;

ii. within the same well field, facility site, reservoir, project, or similar unit in the state;

iii. operated by a single owner or operator; and

iv. used to inject other than hazardous waste.

b. Area permits shall specify:

i. the area within which underground injections are authorized; and

ii. the requirements for construction, monitoring, reporting, operation, and abandonment, for all wells authorized by the permit.

c. The area permit may authorize the permittee to construct and operate, convert, or plug and abandon wells within the permit area provided:

i. the permittee notifies the commissioner at such time as the permit requires;

ii. the additional well satisfies the criteria in §109. B 11.a and meets the requirements specified in the permit under §109. B 11.b; and

iii. the cumulative effects of drilling and operation of additional injection wells are considered by the commissioner during evaluation of the area permit application and are acceptable to the commissioner.

d. If the commissioner determines that any well constructed pursuant to §109. B 11.c does not satisfy any of the requirements of §109. B 11.c.i and c.ii, the commissioner may modify the permit under §113 C, terminate under §113 E, or take enforcement action. If the commissioner determines that cumulative effects are unacceptable, the permit may be modified under §113 C

12. Recordkeeping Requirements

a. The permittee shall keep complete and accurate records of:

i. all monitoring required by the permit; and

ii. all periodic well tests.

c. In addition to §109. B 12.b above, the permittee shall retain all records concerning the nature and composition of injected fluids until three years after completion of any plugging and abandonment procedures. The commissioner may require the owner or operator to deliver the records to the Office of Conservation at the conclusion of the retention period.

d. All records shall be made available for review upon request from a representative of the commissioner.

13. Waiver of Requirements by Commissioner

a. When injection does not occur into, through, or above an underground source of drinking water, the commissioner may authorize a Class III well or project with less stringent requirements for area of review, construction, mechanical integrity, operation, monitoring, and reporting than required in this Subsection to the extent that the reduction in requirements will not result in an increased risk of movements of fluids into an underground source of drinking water.

b. When reducing requirements under this Section, the commissioner shall issue an order explaining the reasons for the action.

14. Additional Requirements. The commissioner may prescribe additional requirements for Class III wells or projects in order to protect USDWs.

C. Class IV Wells (Reserved)

D. Class V Wells

1. Applicability. This Subsection sets forth technical criteria and standards for the regulation of all underground injection practices not regulated in Subsections A, B, and C.

a. Generally, wells covered by this Subsection inject nonhazardous fluids into or above formations that contain underground sources of drinking water. It includes all wells listed in §103. C 5, but is not limited to those types of injection wells.

b. It also includes wells not covered in Class IV that inject radioactive materials listed in the Louisiana Radiation Regulations (October 20, 1980), Part D (Standards for Protection Against Radiation), Appendix A, Table II, Column 2.

2. Large-Capacity Cesspools

a. The permitting and construction start-up of new or converted large-capacity cesspools are prohibited on and after April 5, 2000.

b. Existing large-capacity cesspools that were in operation or were under construction before April 5, 2000, shall be permanently close by April 5, 2005.

3. Motor Vehicle Waste Disposal Wells

a. The permitting and construction start-up of new or converted motor vehicle waste disposal wells are prohibited on and after April 5, 2000.

b. Existing motor vehicle waste disposal wells that were in operation or were under construction before April 5, 2000, shall be permanently closed by January 1, 2005.

4. Well Abandonment (Closure). Before permanently closing a Class V well, the owner or operator shall submit to the commissioner a plan detailing the method and procedure for closure. The commissioner may either approve the plan or require the applicant to revise the plan. The closure plan shall include conditions to ensure that permanent closure will comply with the prohibition of fluid movement standard in §103. D by not allowing the movement of additional fluids into an underground source of drinking water or from one USDW to another.

La. Admin. Code tit. 43, § XVII-109

Promulgated by the Department of Natural Resources, Office of Conservation, LR 8:83 (February 1982), amended LR 11:640 (June 1985), LR 12:26 (January 1986), LR 27:1700 (October 2001).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:1 D, 4C(16), and 4.1.