STATE OF LOUISIANA
DEPARTMENT OF NATURAL RESOURCES
OFFICE OF CONSERVATION
INJECTION AND MINING DIVISION
CLASS VI USEPA PRIMACY APPLICATION
UNDERGROUND INJECTION CONTROL PROGRAM
Prepared: April 21, 2021
Updated: May 13, 2021
Docket No. IMD-2021-02; Page 1 of 263
TABLE OF CONTENTS
CLASS VI USEPA PRIMACY APPLICATION
I. GOVERNOR’S STATEMENT
II. STATE OF LOUISIANA CLASS VI UNDERGROUND INJECTION CONTROL
PROGRAM 1422 DESCRIPTION
III. ATTORNEY GENERAL’S STATEMENT
IV. MEMORANDUM OF AGREEMENT ADDENDUM 1
V. NOTICE OF INTENT
VI. SUMMARY OF PUBLIC COMMENT
A. Public Comment – Louisiana Mid-Continent Oil & Gas Association
B. Public Comment – Environmental Defense Fund
C. Public Comments and Agency Response
VII. CROSSWALK FOR LOUISIANA UIC REGULATIONS
VIII. PUBLIC COMMENTS ON PRIMACY APPLICATION
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State of Louisiana
Department of Natural Resources
Office of Conservation
Injection and Mining Division
Class VI USEPA Primacy Application
I. Governor’s Statement
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State of Louisiana
Department of Natural Resources
Office of Conservation
Injection and Mining Division
Class VI USEPA Primacy Application
II. State of Louisiana Class VI Underground Injection
Control Program 1422 Description
Docket No. IMD-2021-02; Page 5 of 263
STATE OF LOUISIANA
CLASS VI UNDERGROUND INJECTION CONTROL
PROGRAM 1422 DESCRIPTION
TABLE OF CONTENTS
STATE OF LOUISIANA ........................................................................................................................................... 1
CLASS VI UNDERGROUND INJECTION CONTROL .......................................................................................... 1
PROGRAM DESCRIPTION...................................................................................................................................... 1
TABLE OF CONTENTS ........................................................................................................................................... 1
Class VI Underground Injection Control Program Description ................................................................................. 2
1. Program Scope, Structure, Coverage and Processes ...................................................................................... 2
2. Implementing Agency Organizational Structure ............................................................................................ 2
3. Permitting, Administrative and Judicial Review Procedures ......................................................................... 5
4. Permit, Permit Applications, Reporting and Manifest Forms ........................................................................ 7
5. Compliance Tracking and Enforcement Program .......................................................................................... 8
6. Schedule for Issuing Class VI Permits ......................................................................................................... 10
7. State Priorities for Issuing Class VI Permits ................................................................................................ 10
8. Mechanical Integrity Testing Requirements ................................................................................................ 10
9. Procedures to Notify Operators of the Requirement to Apply for and Obtain a Permit ............................... 11
10. Injection Well Inventory .............................................................................................................................. 11
11. Exempted Aquifers ....................................................................................................................................... 11
12. Transboundary Notification and Documentation Procedures ...................................................................... 11
13. Injection Depth Waivers ............................................................................................................................... 12
14. Financial Responsibility. .............................................................................................................................. 12
APPENDIX I: Figures .......................................................................................................................................... 13
APPENDIX II: SOS Decision Questions ............................................................................................................. 14
APPENDIX III: Form UIC-60 CCS ..................................................................................................................... 15
A
PPENDIX IV: Form UIC-17 ............................................................................................................................. 16
APPENDIX V: Form UIC WH-1 ......................................................................................................................... 17
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Class VI Underground Injection Control Program Description
1. Program Scope, Structure, Coverage and Processes
The U.S. Environmental Protection Agency (EPA) granted primary enforcement authority
(primacy) over Class I, II, III, IV, and V injection wells—excluding all Indian lands—to the
Louisiana Department of Natural Resources (LDNR), Office of Conservation (LOC) on April
23, 1982. Since then, the Louisiana Underground Injection Control (UIC) Program has strived
to implement the approved program description, applicable rules and regulations, and EPA
directives. References in this Work Plan to we, us, or our are intended to mean the Office of
Conservation.
The applicable UIC programs for Class I, III, IV and V injection wells are authorized under
Section 1422 of the Safe Drinking Water Act (SDWA), while the Class II program related to oil
and gas activities is authorized under SDWA Section 1425.
The LOC is revising the existing 1422 program to include program oversight for Class VI
Carbon Dioxide Geologic Sequestration Wells. The USEPA promulgated federal requirements
under the Safe Drinking Water Act for the underground injection of carbon dioxide in 2010
establishing a new class of injection wells (Class VI). This submittal will demonstrate that the
Louisiana UIC program with Class VI oversight is at least as stringent as its federal counterpart.
In accordance with the provisions of Louisiana’s Administrative Procedure Act, R.S. 49:950 et
seq., and through the power delegated under the laws of the state of Louisiana, the Department
of Natural Resources, Office of Conservation adopted the Statewide Order No. 29-N-6 (LAC
43:XVII Subpart 6, Chapter 6) to facilitate the permitting, siting, construction, operation,
monitoring and site closure of Class VI injection wells used to inject carbon dioxide for the
purposes of geologic sequestration.
Louisiana LOC is the sole implementation agency for our current primacy program; this will
continue as Class VI wells are added to the program. This revised program description
incorporates changes as required under federal regulations and is only an addendum to the
current Louisiana 1422 UIC primacy authority. Nothing in this document in any way affects the
current administration of the Class II program under Section 1425 of the SDWA or the Class I,
Class III, and Class V programs under Section 1422 of the SDWA. This revision of the
Louisiana 1422 UIC program is for the sole purpose of adding Class VI injection wells to the
program.
2. Implementing Agency Organizational Structure
Staff in the Louisiana LOC have education, skills, and in-house experience with most of the
technical and policy areas relevant to evaluating Class VI permit applications, including, but
not limited to evaluating and issuing Class VI permits, onsite inspection, compliance
monitoring and overseeing GS projects throughout their life span. The state plans to implement
a “team” approach to permitting by dividing permit applications among staff with relevant
areas of expertise. However, some third-party contractor experience will be needed in the early
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stages of the program with modeling, risk, and environmental justice analysis. It is anticipated
that third-party modelers will be utilized during the permit review stages at the onset of
primacy, but as LOC staff are trained and gain experience, reliance on third-party modelers will
become minimal. Third-party risk analysts may need to be contracted out in perpetuity;
Louisiana LOC does not currently have expertise in this area and it is uncertain whether they
will obtain it in the future.
The table below identifies the sources of this expertise.
Expertise Area
In-House
Contractor
Site characterization, e.g., geologists, hydrogeologists, geochemists, and
log analysts/experts to review site characterization data submitted during
permitting and throughout the project duration.
Modeling, e.g., hydrogeologists and environmental/reservoir modelers to
evaluate area of review (AoR) delineation computational models during
permitting and AoR reevaluations.
Well construction and testing, e.g., well engineers, log analysts/experts,
and geologists to review well construction information and operational
reports on the performance of Class VI wells and review/evaluate testing
and monitoring reports.
Finance experts to review financial responsibility information during
permitting and annual evaluations of financial instruments.
Risk analysts to evaluate emergency and remedial response scenario
probabilities and remediation cost estimates.
Policy/regulatory experts on the UIC Program and the Class VI Rule to
evaluate compliance with Class VI Rule requirements.
Enforcement/compliance, e.g., staff who can initiate and pursue
appropriate enforcement actions when permit or rule requirements are
violated.
Inspectors
including well engineers or log analysts/experts to inspect wells
or witness construction activities, workovers, and/or mechanical integrity
tests.
Environmental justice experts to evaluate the Environmental Justice
impact
report, ensuring that the report is thorough, contextualized, and agrees with
the demographic and environmental data from the EPA-developed
EJSCREEN tool.
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An organizational chart of the LOC – Injection and Mining Division is attached in Appendix I.
The state estimates that running the Class VI Program will cost approximately $345,000 in the
first year of primacy and $1.135 million in the second year with annual adjustments thereafter.
The majority of these costs are associated with hiring seven staff (green boxes in Appendix I) to
support the Class VI program. Sources of funding include: the Louisiana Carbon Dioxide
Geologic Storage Trust Fund (GSF), UIC grants from the USEPA, and the Louisiana General
Fund (state dollars).
The GSF is the primary sources for programmatic funding. Sources of monies to be deposited
into this fund pursuant to La. R.S. 30:1110 include annual regulatory fees, application fees,
grants awarded, and compliance fines. The Class VI program must draw programmatic funding
from the GSF currently not to exceed $750,000 annually. Current proposed statutory revisions
have been submitted to the Louisiana Legislature for the 2021 Regular Session to remove the
funding cap (Louisiana House Bill 572).
Fees collected to administer the program are as follows: (1) application fees, (2) annual site
regulatory fees, and (3) a tonnage fee charged per metric ton of injected carbon dioxide. The
application fee is currently set by LA OC at $252 per monitor well (Class V well), and the Class
VI application fee has not yet been set. Additionally, because each site will have multiple
monitor wells, the average projected fee per new site for application fees is expected to be in
excess of $20,000. The application fee is a one-time, nonrecurring fee. Secondly, the annual site
regulatory fee is set at an amount not to exceed $50,000, recurring annually. The final new fee
assessed will be the tonnage fee. The calculation of this fee is statutorily set at no more than
(($5,000,000/144)/the total injection tonnage of carbon dioxide) in La. R.S. 30:1110, ensuring
that this assessed fee is spread over twelve years of operation. Please note that this calculation
was updated in Act 370 of the Louisiana 2020 Regular Session; previous versions called for the
fee to be spread over 120 months rather than 144. This fee calculates to an average of
approximately $416,667 annually per site. Due to construction timelines, the first year that LOC
anticipates receiving this injection tonnage fee is Louisiana Fiscal Year 2023 (FY23).
If the $750,000 cap is lifted in the 2021 Louisiana Legislative Session, the program should
become fiscally self-sufficient in FY24, largely because Class VI wells should be injecting by
this stage and the tonnage fees collected in conjunction with the smaller fees should support an
estimated $1.135 million in projected expenses for FY24. From the time that LOC receives
primacy from the EPA until FY24, additional funding in excess of the projected fee collections
will be required. This will come from a combination of federal funds (the Underground Injection
Control grant) and Louisiana State General Fund allocations.
If the $750,000 cap is not lifted, LOC will only be able to hire three to four of the requested
seven additional positions to implement the Class VI program. If this occurs, it will become
necessary to rely more heavily on third-party contractors. The LOC currently does not have
authority to levy third-party review fees to the applicants; authority to do so is also proposed in
HB 572.
The table below illustrates how the state anticipates these funds will be allocated to various
program activities.
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3. Permitting, Administrative and Judicial Review Procedures
Permitting Procedures
The state’s Class VI Program requires all owners or operators seeking to inject carbon dioxide
for the purpose of geologic sequestration to obtain a Class VI permit to construct or convert a
well and gain approval to operate prior to commencing injection activities.
Class VI permit applications will be reviewed by staff of the LOC and issued in accordance with
LAC 43:XVII, Subpart 6 (Statewide Order 29-N-6).
Reviewing Class VI Permit Applications
When LOC receives a permit application, staff will review it to determine if it contains all of the
information outlined in LAC 43:XVII.3605-3611. Any deficiencies will be noted and, if
necessary, the agency will request additional information from the applicant.
After confirming that all of the required information was submitted with the permit application,
agency staff will review the Class VI permit application using a multi-step process, as described
below.
First, staff will perform a technical review to determine that the submitted data is accurate and of
high quality, has undergone appropriate quality assurance procedures, is representative of the
project and the site, and is sufficiently complete to support a full technical evaluation.
Next, a full technical evaluation of the submitted information will be performed to support the
decision on the suitability of the site per the requirements at LAC 43:XVII.3615. This includes
an evaluation of the geologic system (LAC 43:XVII.3615), the well (LAC 43:XVII.3617), and
the proposed operations (LAC 43:XVII.3619) to ensure that the project will be protective of
USDWs as well as the health, safety, and welfare of the public
Activity Percent of budget
Permit application reviews
and permit issuance.
30%
Project oversight/review of operating data and testing
and monitoring data and reports.
35%
Inspections/witnessing construction or tests.
5%
Data management.
5%
Enforcement/compliance-related activities.
10%
Program oversight/administration.
15%
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The agency will require the owner or operator to conduct an environmental justice (EJ) review and
submit a report as part of the application process. An EJ review will be encouraged in the pre-
permitting process and required early in the formal permitting process. At a minimum, the state will
require the report to consider the data and factors available in the EPA-developed EJSCREEN tool and
identify any portions of the AoR which encompass EJ areas.
When the application is submitted, LOC staff will use the EPA-developed EJSCREEN tool to
evaluate the location of the project. The EJ impact report submitted by the applicant will be
reviewed to ensure that it is thorough, contextualized, and agrees with the data from the
EJSCREEN tool. If a proposed site is found to be located in communities with high EJ risk
factors, the Commissioner of Conservation may extend the public comment period for the
application and may also require a more inclusive public participation process, including
targeted public outreach and creation of better visual tools and approachable language. If the EJ
review is especially complex or time-consuming, LOC may opt to outsource this assessment to
a qualified third-party reviewer.
In addition to the site location questions considered in the Environmental Justice review, a
weighing of siting, environmental effects, and a cost benefit analysis is required in the
application as a result of Save Ourselves, Inc., et al vs. the Louisiana Environmental Control
Commission, et al
1
. The five required question responses, colloquially known as the “Louisiana
Constitutional Considerations,” the “IT Question Responses,” or the “Save Ourselves
Questions,” are hereafter the “SOS Decision Questions”, and are presented in Appendix II.
Answers to these questions must provide adequate detail with sufficient justification and
supporting data to enable LOC to conduct a balanced review of environmental, social, economic
and other factors as required by the Louisiana Constitution.
As needed throughout the permit application review process, agency staff will discuss the
application with the owner or operator to ensure that needed information is provided as
expeditiously as possible.
Draft Permit Issuance and Public Participation
Upon completion of the permit application evaluation, Louisiana LOC will tentatively
determine whether to prepare a draft permit or to deny the application. If the agency prepares a
draft permit, the agency will prepare a fact sheet summarizing the project (LAC
43:XVII.3611.D) and issue a public notice of the comment period and a public hearing
according to procedures listed in LAC 43:XVII.3611.E.
Public notice of the preparation of a draft permit shall allow at least thirty (30) days for public
comment. During the public comment period, any interested person may submit written
comments on the draft permit and may request (in writing) a public hearing. Public notice of a
public hearing shall be given at least thirty (30) days before the hearing. All relevant comments
will be considered in making the final decision and will be addressed when a permit is issued or
denied.
The agency will also notify any states, tribes or territories within the area of review of the GS
project and document the results of this consultation, pursuant to LAC 43:XVII.3611.E.3.iii. See
Section 12 for additional information on procedures for this notification.
1. Save Ourselves v. La. Envtl. Control Comm’n, 452 So. 2d 1152 (La. 1984)
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After completion of the public hearing and review of public comments, a final permitting
decision will be made and, if appropriate, a Class VI permit will be issued. The permit will
authorize the applicant to construct the injection well or convert an existing well to Class VI. The
agency will also issue a response to all relevant public comments received.
Approving Injection in a Class VI Well
Following well drilling/conversion and completion activities, the permit applicant will submit
information that the agency will consider in determining whether to approve operation of the
injection well. If the information provided pursuant to LAC 43:XVII.3619 warrants, the
agency will authorize the applicant to inject carbon dioxide.
After the Permit-to-Inject is issued, the operator is required to submit monitoring data and
reports according to LAC 43:XVII.3629, as described in Section 4 of this document. After
injection ceases, the operator shall plug their well(s) in accordance with the Well Plugging
Plan submitted per LAC 43:XVII.3631.A.3 and after proper notice in accordance with LAC
43:XVII.3631.A.4. Finally, a Well Closure Report will be submitted to LOC as required in
LAC 43:XVII.3631.A.5.
After cessation of injection but prior to plugging and abandonment of site wells, the operator
must either (1) demonstrate that their Post Injection Site Care and Closure plan(s) are
applicable, or (2) update the plan(s) as required in LAC 43:XVII.3633.A.1.c in accordance
with the requirements listed in LAC 43:XVII.3633.A.1.b. Prior to authorization of site
closure, the operator must monitor the site for at least 50 years or for the duration of the
alternative timeframe approved by the Commissioner pursuant to LAC 43:XVII.3633.A.3.
Finally, the operator must publish a notice of intent for closure in accordance with LAC
43:XVII.3633.A.4, may plug all monitor wells after approval of site closure by the
Commissioner in accordance with LAC 43:XVII.3633.A.5, and must finally submit a site
closure report in accordance with LAC 43:XVII.3633.A.6.
Administrative and Judicial Review of Permits
Administrative reviews of Class VI permits will take place in accordance with La. R.S. 30:6 and
1105.
Judicial reviews of Class VI permits would be conducted in accordance with La. R.S. 30:12
and 15.
4. Permit, Permit Applications, Reporting and Manifest Forms
The permit application form will be Form UIC-60 CCS, a draft of which is included in
Appendix III. This form will be used both for the initial permit submitted as well as the permit
re-evaluation which shall occur at a frequency of five years or less as prescribed by LAC
43:XVII.3609.M.1.
Prior to the approval of injection, a testing and monitoring plan must be approved by the
LOC, per LAC 43:XVII.3625.A. The requirements of this plan will be reported as follows:
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1. The operator will report the analysis of the carbon dioxide stream required in LAC
43:XVII.3625.A.1 as a summary report with cover letter and appended analyses.
2. The operator will submit pressure, rate, and volume monitoring data required by LAC
43:XVII.3625.A.2 as an excel or comma-delineated sheet with a graphical presentation;
including the raw data as required under LAC 43:XVII.3629.A.1.a.viii
3. The operator will submit corrosion monitoring data as required by LAC
43:XVII.3625.A.3 as a report with a cover letter.
4. The operator will submit groundwater data for any monitored zones per LAC
43:XVII.3625.A.4 as a summary report with cover letter and appended analyses.
5. Prior to conducting an external or internal mechanical integrity test, casing inspection log,
or pressure fall-off test as stipulated in the approved monitoring and testing plan and
required under LAC 43:XVII.3625.A.5 and 6, the operator must first apply for a work
permit using Form UIC-17 (Appendix IV), described below.
6. Other monitoring required in the approved testing and monitoring plan and required under
LAC 43:XVII.3625.A.7-9 will be submitted as a summary report with cover letter and
appended analyses and data.
Monitoring reports in accordance with the approved plan must be submitted semi-annually as
prescribed in LAC 43:XVII.3629.A.1; with certain reports including mechanical integrity test
results submitted within 30 days of the test per LAC 43:XVII.3629.A.1.b; and with a report of
any non-compliance submitted within 24 hours per LAC 43:XVII.3629.A.1.c.
Mechanical Integrity tests (MITs) are conducted frequently throughout the life of the well.
When Form UIC-17 is submitted to the LOC, staff review the scope of work and may request
scope revisions prior to issuing an approved work permit. Applicants are required to include a
step which states that the MIT will be witness by a Conservation Enforcement Specialist
(CES). Upon approval of the work permit by LOC, the operator is required to contact the
appropriate CES and give 48 hours prior notice before beginning the MIT. When the MIT is
scheduled such that the CES is available to witness, the operator may then conduct the
proposed operation and upon completion must then submit a summary of the work conducted
on Form UIC WH-1 (with appended data), included as Appendix V. This process for
conducting an MIT is the standard procedure for Class I, II, III, and V wells currently.
5. Compliance Tracking and Enforcement Program
Compliance Monitoring
Compliance monitoring will, at a minimum, include on-site inspections conducted by authorized
agents of the Louisiana LOC and a review of operating and monitoring reports submitted in
compliance with LAC 43:XVII.3629 to verify that the construction, completion, operation,
maintenance, and site closure (LAC 43:XVII.3633) of GS projects are performed according to
approved plans and specifications and meet all permit and regulatory requirements.
The state’s compliance monitoring program includes the following activities:
• Reviewing plans and reports (e.g., well completion reports, test results, workover reports)
submitted by permit applicants or owners or operators.
• Conducting site inspections to verify or witness construction, operation and
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testing/maintenance procedures. Site inspections will be conducted by the agency’s
authorized agents.
• Investigating complaints alleging improper construction, completion, operation or
maintenance of a GS project.
• Performing compliance monitoring (e.g., reviewing monitoring, operating and
maintenance data) to verify compliance with permit conditions, regulations and any
other conditions or stipulations.
• Conducting annual inspections and compliance follow-up inspections of GS projects.
The LOC shall submit to the EPA quarterly non-compliance reports as specified in 40 CFR §
144.8(a). Quarterly reports will be submitted in accordance with the following schedule (or
as otherwise specified in the LOC’s FY UIC Workplan):
• October, November, December – due January 30
• January, February, March – due April 30
• April, May, June – due July 30
• July, August, September – due October 30
Enforcement Procedures
Any person violating LAC 43:XVII Subpart 6, Chapter 6 (Statewide Order 29-N-6), any
condition of a Class VI permit, or any rule or order of the LOC is subject to enforcement action.
The agency is responsible for initiating, pursuing and resolving enforcement actions.
Enforcement proceedings may result in modification, revocation or suspension of any permit
issued under authority of the UIC Program.
The agency will attempt to handle all minor violations through informal means, such as
correspondence between agency staff and the alleged violator. If initial correspondence does not
result in the resolution of minor violations, a Notice of Violation (NOV) may be issued. If the
violation(s) grows in size or scope, LOC may issue a Compliance Order without a civil penalty.
The final enforcement stage, typically reserved for non-compliance that is egregious or may
endanger the USDW, is the issuance of a Compliance Order in which a civil penalty is assessed.
Issuance of NOVs, Compliance Orders, and Compliance Orders with civil penalties are entered
and tracked through the database titled SONRIS, maintained by LOC staff.
If a Compliance Order with civil penalty is required, the state may seek civil penalties up
to $5,000 per day per violation under La. R.S. 30:1106.D(1)
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6. Schedule for Issuing Class VI Permits
The agency anticipates that up to 14 well permit applications may be submitted during the first
two years after approval of the state Class VI Program, including nine permit applications in
year 1 and five permit applications in year 2. It should be noted that of the nine anticipated well
applications in year 1, four are associated with a single operator in a limited geographical area,
applications for which have already been submitted to EPA Region 6.
The agency expects that reviewing Class VI permit applications will require nine to twelve
months per project following the date a complete permit application is submitted under proposed
staffing levels and with full applicant cooperation.
7. State Priorities for Issuing Class VI Permits
It is anticipated that during the first two years after approval of the state Class VI program,
at least six permits will be issued by LOC. Priority in the application queue will be based
primarily on the relative date of submittal and then weighted by application completeness
and size and nature of the project.
8. Mechanical Integrity Testing Requirements
To evaluate the absence of significant leaks, owners or operators of Class VI wells must,
following an initial annulus pressure test, continuously monitor injection pressure, rate, injected
volumes, pressure on the annulus between tubing and long-string casing, and annulus fluid
volume, pursuant to LAC 43:XVII.3621.A.6. Additionally, annulus pressure tests must occur
on an annual basis and after performing any well workovers that involve unseating the tubing
or packer, pursuant to LAC 43:XVII.3627.A.2.
At least once every 12 months, owners or operators must use an approved tracer survey or a
temperature or noise log to determine the absence of significant fluid movement pursuant to
LAC 43:XVII.3627.A.3.
The agency may require additional or alternative tests if the results presented by the owner or
operator are not satisfactory to demonstrate mechanical integrity pursuant to LAC
43:XVII.3627.A.5. Also, the agency may allow the use of a test to demonstrate mechanical
integrity other than those described in LAC 43:XVII.3627.A, with the written approval of the
US EPA Administrator. To obtain approval, the agency must submit a written request to the
US EPA Administrator that must set forth the proposed test and all technical data supporting
its use.
The agency expects to review the results of approximately 20 MITs from Class VI well owners
or operators each year.
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9. Procedures to Notify Operators of the Requirement to Apply for and Obtain a Permit
Class I and Class V Wells
Louisiana LOC does not currently have any known Class I or Class V wells that inject carbon
dioxide as a primary injection stream.
Class II ER Wells
The agency will evaluate information about Class II enhanced oil recovery wells (e.g., carbon
dioxide injection and production data or information related to the other factors at LAC
43:XVII.3603.G.2) and identify whether any projects are approaching risk thresholds within four
years of receiving Class VI primacy in accordance with 40 CFR 145.23(f). Because LOC has
primacy for both the 1422 and 1425 programs, no inter-agency cooperation will be required to
convert a Class II well to a Class VI well.
10. Injection Well Inventory
LOC staff currently enter new well information into our agency database, SONRIS. As modifications
occur to wells during the operational lifetime of each well, the information contained in SONRIS is
updated accordingly. Data queries are executed to export well inventories for all well class types, and
Class VI wells will be no exception.
11. Exempted Aquifers
Owners or operators of Class II ER wells may apply to expand the areal extent of Class II aquifer
exemptions. Such requests must be submitted concurrently with Class VI permit applications,
pursuant to LAC 43:XVII.3603.F.
If such requests are received, the agency will evaluate the application to determine that the area
of the proposed expansion is sufficiently large to contain the carbon dioxide plume and pressure
front and was determined in a manner that is consistent with the AoR modeling required under
LAC 43:XVII.3615.B and whether the request meets the criteria at 40 CFR 146.4.
Following this evaluation and a determination that the proposed expansion of the areal extent of
the aquifer exemption meets the requirements at 40 CFR 144.7(d) and 146.4, the agency will
forward the request to the EPA Region 6. No designation of an expansion of the areal extent of
a Class II ER aquifer exemption for GS injection will be final unless approved by the USEPA
Administrator as a revision. Other than USEPA-approved expansions of the areal extent of
existing Class II aquifer exemptions, no aquifer exemptions will be issued for Class VI
injection-related activities.
12. Transboundary Notification and Documentation Procedures
Due to the potentially large AoRs associated with GS projects, interstate issues may need to be
taken into account. Pursuant to La. R.S. 36:354.A.10 and B.6, the state will notify authorities in
any states, tribes, and territories of Class VI permit applications where the AoR crosses
jurisdictional boundaries.
Permit applicants must provide a list of contacts for those states and tribes identified to be within the
AoR of the Class VI project pursuant to LAC 43:XVII.3607.C.2.s.
Based on this information and a review of the extent of the AoR, the state will notify appropriate
staff in affected jurisdictions in writing to provide information about the proposed project and
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invite them to provide input during the permit application review process or participate
in/monitor the public participation process associated with the permit application.
The state will document all input received and the responses provided. This documentation will
be made a part of the administrative record for the permit application.
13. Injection Depth Waivers
Louisiana LOC will not approve nor issue injection depth waivers.
14. Financial Responsibility.
The state’s regulation, at LAC 43:XVII.3609.C requires owners or operators of Class VI
wells to demonstrate and maintain financial resources to perform all required corrective
action, plug the injection well, conduct post injection site care and site closure, and perform
any needed emergency and remedial response.
Agency staff with financial expertise will review the cost estimates provided by applicants to
verify that they are sufficient to cover these activities and evaluate the financial instruments the
applicant proposes to use to verify that they qualify and are appropriate.
Even after the financial instruments have been approved, LOC staff will continue these on-
going efforts to make sure the operator maintains financial responsibility: (1) update annual
cost to account for inflation; (2) update cost following amendment of project plans; and (3)
oversight of financial instruments to make sure they remain active, sufficient, and meet the
criteria required pursuant to LAC 43:XVII.3609.C.
15. Reports.
The owner or operator is required to submit all required reports, submittals, and notifications
under LAC 43:XVII.3629 to both the LOC and to EPA, in an electronic format acceptable to
the EPA. In order to assure both the State, as the primacy authority, and EPA, as the
oversight authority, have consistent data throughout program implementation, LOC agrees to
submit to EPA or allow EPA viewing access to all Class VI reports, submittals, and
notifications submitted to the State. LOC will assist EPA in owner or operator compliance
with 40 CFR § 146.9 1(e) by submitting to EPA or allowing EPA viewing access to all
required reports, submittals, and notifications under Subpart H of part 146 through the
Department's database in an electronic format approved by EPA.
Reports submitted to the LOC shall be uploaded by the owner or operator to the Geologic
Sequestration Data Tool (GSDT). The EPA has viewing authority of all reports submitted to the LOC
through the GSDT.
Docket No. IMD-2021-02; Page 17 of 263
13
APPENDIX I: Louisiana Injection and Mining Personnel Organization Chart
Docket No. IMD-2021-02; Page 18 of 263
14
APPENDIX II: SOS Decision Questions
1. Have the potential and real adverse environmental effects of the proposed project been avoided to the
maximum extent possible?
2. Does a cost benefit analyses of the environmental impact costs versus the social and economic
benefits of the proposed project demonstrate that the latter outweighs the former?
3. Are there alternative projects which would offer more protection to the environment than the proposed
project without unduly curtailing non-environmental benefits?
4. Are there alternative sites which would offer more protection to the environment than the proposed
site without unduly curtailing non-environmental benefits?
5. Are there mitigating measures which would offer more protection to the environment than the
proposed project without unduly curtailing non-environmental benefits?
Docket No. IMD-2021-02; Page 19 of 263
OFFICE OF CONSERVATION UIC-60 CCS
INJECTION & MINING DIVISION Rev. 4/2021
APPLICATION TYPE:
1. OPERATOR NAME:
2. OPERATOR
CODE:
3. OPERATOR
PHONE:
4. OPERATOR
ADDRESS:
6. FACILITY ADDRESS:
5. OPERATOR EMAIL:
7. CONTACT NAME: 8. CONTACT NUMBER
9. WELL NAME:
10. WELL NUMBER:
11. PARISH:
12. FIELD:
13. LOCATION COORDINATES:
14. STATE PLANE COORDINATES (Lambert, NAD 27):
Latitude:
Lon
gitude:
North Zone
S
outh Zone
X:
Y:
CAS
ING SIZE
(IN.)
HOLE SIZE
(IN.)
CASING
WEIGHT
(lb/ft)
DEPTH SET
TOTAL
CEMENT USED
(sacks)
TYPE CEMENT
TOP (FT.)
BOTTOM (FT.)
16. ELEVATION
OF DATUM (ft.):
17. DATUM:
KB GL MSL
18. TOTAL
DEPTH (ft.):
19. DEPT
H OF PROPOSED INJECTION ZONE (ft.): 20. INJECTION FORMATION NAME:
Top: Bottom:
21. INJECTION
THROUGH:
Perforations Open Hole Screen
22. PROPOSED PERFORATED/OPEN HOLE INTERVAL(S) (ft.):
OFFICE OF CONSERVATION
INJECTION AND MINING DIVISION
617 N. 3
rd
St.
BATON ROUGE, LA, 70802
FORM UIC-60 CCS
PERMIT APPLICATION
New Class VI Injection Well
Class VI Conversion (SN ________________)
APPLICANT INFORMATION
WELL INFORMATION
15. WELL CONSTRUCTION INFORMATION
PROPOSED INJECTION INTERVAL INFORMATION
1
APPENDIX III: For
m UIC-60 CCS
Docket No. IMD-2021-02; Page 20 of 263
OFFICE OF CONSERVATION UIC-60 CCS
INJECTION & MINING DIVISION Rev. 4/2021
23. PROJECTED AVERAGE MONTHLY
INJECTION VOLUME (tons):
24. PROJECTED TOTAL
INJECTION VOLUME (tons):
25. FACILITY SIC CODES:
PERMIT TYPE
APPLICATION NUMBER
CURRENT STATUS
27. LIST RELEVANT LOUISIANA
OFFICE OF CONSERVATION ORDERS:
28. IS THE PROPOSED WELL OR PLUME BOUNDARY (LOCATED ON INDIAN LANDS UNDER THE
JURISDICTION OF PROTECTION OF THE FEDERAL GOVERNMENT?
YES
NO
29. IS THE PROPOSED WELL LOCATED ON STATE WATER BOTTOMS OR OTHER LANDS OWNED BY OR
UNDER THE JURISDICTION OF THE STATES
YES
NO
CERTIFICATION BY OPERATOR
The signature below must be obtained from a duly appointed employee of the operating company.
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and
that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (LSA-RS
30:17).
1. NAME (PRINT)
2. TITLE (PRINT)
3. SIGNATURE
4. DATE
PROPOSED INJECTION STREAM INFORMATION
26. SITE PERMITS (§607.B.9)
JURISDICTIONAL ACKNOWLEDGEMENTS
Docket No. IMD-2021-02; Page 21 of 263
UIC-17
Work Permit No.
Operator’s Name and Ad
d
ress
:
Serial No.
Operator
Cod
e
:
Phone:
W
ell Name and N
u
mb
er:
Fax:
Field
:
P
arish
:
Sec. Tw
p
. Rng.
DESCRIPTION OF
WORK
Field Contact to Schedule Well Test
:
Phone
:
Permit Requested By: Date:
Signature: Email Address:
Permit Authorized By:
Date: Expiration Date:
Stephen H. Lee, Director
1. Plug and Abandon
(Provide Well Schematic)
7. Back Wash, Acidize or Other Well Stimulation
(Class I Wells Only)
2. Deepen 8. Pull Casing
3. Perforate 9. Replace Wellhead
4. Squeeze 10. Run a Liner
5. Plugback 11. Other (Any work requiring use of Workover Rig)
6. Pull Tubing/Packer To Change Zone of
Disposal/Completion
submit Form UIC-32
INJECTION
WELL WORK
PERMIT
Office of
Conservation
Injection and Mining
Division
INSTRUCTIONS
A single application will suffice for one or combinations of the operations below provided that if more than one operation is
requested on one form, such work must be performed consecutively. Once signed by an IMD Representative, this form will
be sent to the operator and serve as the approved permit.
Email all Injection Well Work Permit Applications
to
Injection-Mining@LA.gov,
OR
mail the
application to the address provided in the upper right
corner.
In accordance with RS 30:21, effective August 1, 2015, all
Work Permit applications will be assessed a non-
refundable $125 fee, due upon submittal of this form.
To perform any of the above work types without first obtaining a work permit is a violation of the law (LAC43:XIX.105.),
which carries with it possible civil and criminal penalties.
FORM UIC-17 Rev 0 /17
MAILING ADDRESS
OFFICE OF CONSERVATION
Injection and Mining Division
Baton Rouge, LA 7080
APPENDIX IV: Form UIC-17
Docket No. IMD-2021-02; Page 22 of 263
SERIAL NUMBER APPLICATION/PERMIT NUMBER
PERMITTED INJECTION ZONE (FT) (FOR CAVERNS: TOP IS TOP OF SALT & BOTTOM IS ORIGINAL TD)
TOP:
BOTTOM:
PERFORATED/OPEN HOLE INTERVAL (FT) (FOR CAVERNS: DEEPEST CMT’D CSG & BOTTOM OF CAVERN)
TOP:
BOTTOM:
FIELD
FIELD CODE
PARISH
PARISH CODE
SEC
TWN
RNG
GENERAL INFORMATION
WORK TYPE
(CHECK THE APPROPRIATE BOX)
NEW DRILL WELL SIDETRACK
WELL CONVERSION CAVERN MIT/SONAR
REDRILL TEMPORARILY ABANDON
CHANGE OF ZONE OTHER WORK PERMIT
WELL TYPE
(CHECK THE APPROPRIATE BOX) CLASS II SWD-COMMERCIAL
CLASS I NONHAZARDOUS CLASS II HYDROCARBON STORAGE
CLASS I HAZARDOUS CLASS III SOLUTION MINING
CLASS II EOR CLASS VI CARBON SEQUESTRATION
CLASS II SWD OTHER:
WELL NAME
WELL NUMBER
OPERATOR
OPERATOR CODE
ADDRESS CITY STATE ZIP CODE
SPUD DATE (MM/DD/YYYY)
TOTAL DEPTH (FT)
PBTD (FT) (FOR CAVERNS: TD OF MOST RECENT SONAR)
GROUND ELEVATION (FT)
CASING HEAD FLANGE ELEVATION (FT)
DISTANCE FROM RKB TO CHF (FT)
TUBING/HANGING STRINGS AND PACKER
Enter this information for each work permit regardless of whether or not it has changed. If this is left blank it means no tubing/hanging string(s) or packer is in t he well.
TUBING/HANGING STRING SIZE
(OD-INCHES)
TUBING/HANGING STRING DEPTH
(FEET)
PACKER DEPTH
(FEET)
WELL COMPLETION INFORMATION
ONLY COMPLETE THIS SECTION IF:
1-THIS IS A NEW DRILL; 2- THE COMPLETION INFORMATION FOR THIS WELL HAS CHANGED; OR
3- A CORRECTION IS BEING SUBMITTED WITH SUPPORTING DOCUMENTATION SUCH AS DRILLING REPORTS OR CEMENTING RECORDS.
CASING AND LINER RECORD
Complete this section with casing information and with any relevant information documented in the Description of Work Section.
For New Drills, all depths must be reported relative to ground level. For all other situations, report Datum as appropriate KB, CHF, GL, etc.
CASING/LINER
SIZE
(OD-I NCHES)
HOLE
SIZE
(INCHES)
CASING/LINER
WEIGHT
(LB/FT)
CASING/LINER SETTING DEPTHS
CASING TEST
PRESSURE
(PSI)
CASING TEST
DURATION
(HOURS)
CASING TEST
DATE
(MM/DD/YYYY)
NAME OF TEST WITNESS- STATE IF
CONSERVATION AGENT OR OFFSET
OPERATOR
TOP
BOTTOM
DATUM
(FEET)
(FEET)
CASING AND LINER CEMENT RECORD
Complete this section with the cement information and with any relevant information documented in the Description of Work Section. If the cement information for the casing or
liner is unknown, enter UNK in the Total Cement Used column; if the casing or liner was not cemented, enter 0 (zero) in the column.
CASING/LINER SIZE
(OD-INCHES)
HOLE SIZE
(INCHES)
CASING/LINER SETTING DEPTHS
(FEET)
TOTAL CEMENT USED
(SACKS)
LEAD TAIL
TOP BOTTOM
AMOUNT
(SACKS)
YIELD
(CU FT/SACK)
TYPE
(CLASS)
AMOUNT
(SACKS)
YIELD
(CU FT/SACK)
TYPE
(CLASS)
PLUG BACK RECORD
Acceptable plug types are 100- foot cement plugs ( CP), Cast Iron Bridge Plugs topped with at least 10 feet of cement (CIBP) or a Cement Retainer topped with at least 20 feet of
cement (CR). Include the top of cement in the Upper Plug Depth. Convert Cubic Feet of Cement to Sacks of Cement. Use the shallowest Upper Plug depth in the PBTD field.
DATE WORK
PERMORMED
(MM/DD/YYYY)
PLUG
TYPE
(CP, CIBP, or CR)
UPPER
PLUG DEPTH
(FEET)
LOWER
PLUG DEPTH
(FEET)
TOTAL CEMENT USED
(SACKS)
CEMENT
YIELD
(CU FT/SACK)
TEST
PRESSURE
(PSI)
TEST
DURATION
(HOURS)
TEST
DATE
(MM/DD/YYYY)
I, the undersigned, state: that I am employed by the company indicated below; that I am authorized to make this report; that this report was prepared under my
supervision and direction; and that all facts stated herein are true, correct and complete to the best of my knowledge. I am aware there are significant penalties for
submitting false information, including the possibility of a fine, imprisonment or both (LSA-R.S. 30:17).
PRINT NAME
& TITLE
PRINT
COMPANY NAME
SIGNATURE
DATE
EMAIL ADDRESS
TELEPHONE NUMBER
for
INJECTION WELLS
WELL HISTORY & WORK RESUME REPORT
FORM UIC-WH1
MAILING ADDRESS PHYSICAL ADDRESS
OFFICE OF CONSERVATION OFFICE OF CONSERVATION- 9
th
FL
INJECTION & MINING DIVISION INJECTION & MINING DIVISION
P.O. BOX 94275 617 N. THIRD ST.
BATON ROUGE, LA 70804-9275 BATON ROUGE, LA 70802
APPENDIX V: Form UIC WH-1
Docket No. IMD-2021-02; Page 23 of 263
WELL LOGGING AND TESTING DATA
Complete this section with the testing and logging information associated with THIS application.
WAS A MIPT PERFORMED? WITNESSED BY A CONSERVATION AGENT? TEST PRESSURE (PSI) TEST DURATION (HRS) TEST DATE
YES
NO YES
NO
MEASUREMENT OF THE
BOTTOM HOLE PRESSURE OR
THE STATIC FLUID LEVEL.
MEASURED BOTTOM HOLE PRESSURE AND DEPTH DATE MEASURED WITNESSED BY A CONSERVATION AGENT?
PSI @
FT.
YES NO
STATIC FLUID LEVEL (FT.) DATE MEASURED METHOD USED WITNESSED BY A CONSERVATION AGENT?
YES NO
WAS WELL DIRECTIONALLY DRILLED?
WAS A DIRECTIONAL SURVEY MADE?
WERE 3 COPIES FILED WITH THE OFFICE OF CONSERVATION?
IF YES, DATE SUB MITTED
YES
NO
YES
NO
YES
NO
TYPE OF ELECTRICAL OR OTHER LOGS RUN UNDER THIS APPLICATION ONLY ( COPIES OF ALL LOGS MUST BE FILED WITH THE INJECTION & MINING DIVISION.)
DATE SUBMITTED
MIT AND SONAR DATA
Salt Cavern Wells ONLY
WAS A MIT PERFORMED?
TEST DATE
DATE SUBMITTED
WAS A CASING INSPECTION PERFORMED?
DATE OF LOG
DATE SUBMITTED
YES
NO
YES
NO
WAS SONAR PERFORMED?
WAS THE ROOF SURVEYED?
DATE OF THE SONAR
DATE SUBMITTED
CAVERN VOLUME ( BBLS) PER LATEST SONAR DATED
YES
NO
YES
NO
TYPE OF ELECTRICAL OR OTHER LOGS RUN UNDER THIS APPLICATION ONLY ( COPIES OF ALL LOGS MUST BE FILED WITH THE INJECTION & MINING DIVISION.)
DATE SUBMITTED
WORK RÉSUMÉ
List below all work performed (the drilling, completion, or any other work) under THIS Injection & Mining Division permit.
DATE WORK
PERFORMED
(MM/DD/YYYY)
SERVICE COMPANY DESCRIPTION OF WORK
FORMATIONS
List below all-important Paleofaunal or Geological Formation tops, Cap Rock and Salt Overhang bottoms.
FORMATION DEPTH (FT) FORMATION DEPTH (FT)
Docket No. IMD-2021-02; Page 24 of 263
State of Louisiana
Department of Natural Resources
Office of Conservation
Injection and Mining Division
Class VI USEPA Primacy Application
III. Attorney General’s Statement
Docket No. IMD-2021-02; Page 25 of 263
Docket No. IMD-2021-02; Page 26 of 263
State of Louisiana
Department of Natural Resources
Office of Conservation
Injection and Mining Division
Class VI USEPA Primacy Application
IV. Memorandum of Agreement Addendum 1
Docket No. IMD-2021-02; Page 27 of 263
MEMORANDUM
OF
AGREEMENT
ADDENDUM
1
Between
The
State
of
Louisiana
And
The
United
States
Environmental
Protection
Agency
Region
6
For
the
Class
VI
UIC
Program
I.
General
The
Memorandum
of
Agreement
between
the
state
of
Louisiana
and
EPA
Region
6,
dated
January
13,
1982,
of
Underground
Injection
Control
(UIC)
Program
Memorandum
of
Agreement (program
MOA),
is
supplemented
by
this
Addendum
1.
All
terms
defined
in
the
program
MOA
shall
have
the
same
meanings
for
purposes
of
this Addendum
1.
This Addendum
is
entered
into
by
the
state
of
Louisiana
and
signed
by
Richard
P.
Ieyoub,
Commissioner
of
Conservation
for
the
Louisiana
Department
of
Natural
Resources
(hereafter,
“the
state” or
“LDNR”)
with
the
United
States
Environmental
Protection Agency,
Region
6,
and
signed
by
David
Gray,
Acting
Regional
Administrator
(hereafter,
“EPA”
or
“Regional
Administrator”).
This
Addendum
shall become
effective
when
approved
by
the
Regional
Administrator.
A.
Lead
Agency
Responsibilities
The
LDNR
is
the lead agency
to
coordinate
the
implementation
of
the
Class
VI
UIC
program
as
authorized
by
Section
1422
of
the
Safe
Drinking
Water
Act (SDWA).
The
LDNR
also
is
the
lead
agency
overseeing
Class
I,
III, IV
and
V
injection
wells
under
Section
1422 and
Class
II
injection
wells
under
Section
1425.
LDNR
coordinates
the
state
program
to
facilitate
communication
between
the
EPA
and
any
other
state
agencies
having program
responsibilities
for
other
injection
well
classes.
These
responsibilities
shall
include, but
not
be
limited
to, the
submission
of
grant
applications,
reporting
and
monitoring
results,
and
annual
report
requirements.
The
LDNR
is
responsible
for
and
has
authority
over
all
Class
VI
injection
wells.
B.
Review
and
Modifications
This Addendum
shall
be
reviewed
annually
as
part
of
the
annual
program
grant
and
State/EPA
Agreement
(“SEA”)
process.
The
annual
program
grant
and
the
SEA
shall
be
consistent
with
this
Addendum
and
may not
override
this
Addendum.
This
Addendum
may
be
modified
upon
the
initiative
of
the
state
or
EPA.
Modifications
must
be
in
writing
and
must
be
signed
by
LDNR
and
the
Regional
Administrator.
Modifications
become
effective
when
signed
by
both
parties.
Modifications
may
be
made
by
revision
prior
to
the
effective
date
of
this
Addendum
or
subsequently
by
addenda
attached to
this
Addendum
and
consecutively
numbered,
signed,
and dated.
C.
Conformance
with
Laws
and
Regulations
The
Louisiana
Injection
and
Mining
Division
(IMD),
a
division
within
LDNR,
shall
administer
the
Class
VI
UIC
program
consistent
with
the
state’s
submission
for
program
approval,
the
program
MOA,
this
Addendum,
the
Safe
Drinking
Water
Act
(SDWA),
current federal
policies
and
regulations,
promulgated
minimum
requirements,
priorities
established
as
part
of
the
annually
Docket No. IMD-2021-02; Page 28 of 263
approved
state UIC
grant,
state
and
federal law,
and
any
separate
working
agreements
which
shall
be
entered
into
with
the
Regional
Administrator
as
necessary
for
the
full
administration
of
the
Class
VI
UIC
program.
D.
Responsibilities
of
Parties
The parties
agree to
maintain
a
high
level
of
cooperation
and
coordination
between
the
LDNR
and
EPA
staffs
to
assure
successful
and
efficient
administration
of
the
Class
VI
UIC
program.
In
this partnership,
the
Regional
Administrator
will
provide
to
LDNR
necessary
technical
and
policy
assistance
on
program
matters.
The
Regional
Administrator
is
responsible
for
keeping
LDNR
apprised,
in
a
timely
manner,
of
the
meaning
and
content
of
the
federal
guidelines,
technical
standards,
regulations,
policy
decisions,
directives,
and
any
other
factors
which
affect
the
Class
VI
UIC
program.
LDNR
will
carry
out
the
Class
VI
UIC
Program
as
outlined
in
the
Class
VI
primacy application
and
any
subsequent
modifications.
It
will
be
the
policy
of
EPA
and
LDNR
to
minimize
paperwork
and
interagency
decision-making
procedures
and
to
make
the
best
use
of
available
manpower
and
funds
so
as
to
prevent
duplication
of
effort
and
unnecessary delays
to
the
extent
allowable
by
law.
The
strategies
and
priorities
for
issuance,
compliance,
monitoring
and
enforcement
of
Class
VI
permits,
and
implementation
of
technical
requirements
shall
be
established
in
the state’s
program
description,
the annual
SEA,
or
in
subsequent
working
agreements.
If
requested
by
either party,
meetings
will
be
scheduled
at
reasonable
intervals
between
the
state
and
EPA
to
review
specific
operating
procedures,
resolve
problems,
or
discuss
mutual
concerns
involving
the
administration
of
the
Class
VI
UIC
program.
E.
Sharing
of
Information
The
LDNR
shall
promptly
inform
EPA
of
any
proposed,
pending,
or
enacted
modifications
to
laws,
regulations,
or guidelines,
and
any
judicial
decisions
or
administrative
actions,
which
might
affect
the
state
program
and
the state’s
authority
to
administer
the Class
VI
UIC
program.
The
LDNR
shall
promptly inform
EPA
of
any
resource
allocation
changes
(for
example, personnel
budget,
equipment,
etc.)
which
might
affect
the
state’s
ability
to
administer
the
program.
Any
information
obtained or
used
by
the
state
under
its Class
VI
UIC
program
shall
be
available
to
EPA upon
request
without
restriction.
If
the
information
has
been
submitted
to
the
state
under
a
claim
of
confidentiality,
the state
must
submit that
claim
to
EPA
when
providing
EPA
such
information.
Any
information
obtained
from
a
state
and
subject
to
a
claim
of
confidentiality
will
be
treated
in
accordance
with
40
CFR
Part
2
and
40
CFR
144.5.
If
EPA
obtains
information
from
the
state
that
is
not
claimed
to
be
confidential,
EPA
may
make
that
information
available
to
the
public
without
further
notice.
EPA
shall
furnish
the
state
the
information in
its
files
not
submitted
under
a
claim
of
confidentiality
which
the
state needs
to
implement
its
approved
Class
VI
UIC
program.
EPA
shall
furnish
to
LDNR
information
submitted
to
EPA
under
a
claim
of
confidentiality
which
the
state
needs
to
implement
its
approved
program
subject
to
conditions
in
40
CFR
Part
2.As
required
by
40
CFR
2.209(1),
EPA
will
require
permittees
and
applicants
to
provide
express
consent
for
disclosure
to
LDNR
upon
submission
of
confidential
business
information.
Permittees
and
Docket No. IMD-2021-02; Page 29 of 263
applicants
may
request
confidentiality
of
any
submittals
or
information
provided
to
LDNR
pursuant
to
LAC
43:XVII.3603.I.
If
permittees
or
applicants
do
not
request
confidentiality
of
information
at
the
time
of
submittal
to
LDNR,
the
information
may
be made
available
to
the
public
pursuant
to
La.
R.S.
44:1
et
seq.
F.
Duty
to
Revise Program
As
stated
in
40
CFR
145.32(e),
within
270
days
of
any amendment
to
any
regulation
promulgated
at 40
CFR
124, 144,
145
or
146
revising
or adding
any
requirement
respecting
state
UIC
programs,
the
state
shall submit notice
to EPA showing
that
the
state
program
meets
the
revised
or
added
requirements.
G.
Duration
of
MOA
This
Addendum
will
remain in
effect
until
such
time
as
state
primacy
enforcement
responsibility
is
returned
to
EPA
by
the
state,
or
withdrawn
by
EPA, according
to
the
provisions
of
40
CFR
Part
145.33,
and
145.34.
H.
General
Provisions
Nothing
in
this
Addendum
is
intended
to
affect
any
Class
VI
UIC
or
program
requirement,
including
any
standards
or
prohibitions
established
by
state
or
local
law,
as
long
as
the
state
or
local
requirements
are
no
less
stringent
than
or
are
deemed
equally
protective
as:
(1)
any
set
forth
in
the
Class
VI
UIC
regulations;
or
(2)
other
requirements or
prohibitions
established
under
SDWA
or
applicable
regulations.
Nothing
in this
Addendum
shall
be
construed
to
limit
the
authority
of
EPA
to
take
action
pursuant
to
Sections
1421, 1422,
1423,
1424, 1425,
1431
or
other
sections
of
SDWA.
This
Addendum
does
not
create
any
right
or
benefit,
substantive
or
procedural, enforceable
by
law
or
equity,
by
persons
who
are
not
party
to
this
agreement,
against
LDNR
or
EPA,
their
officers
or
employees,
or
any
other
person.
This
Addendum
does
not
direct or
apply
to
any
person
outside
of
LDNR
and
EPA.
II.
Permitting
A.
General
The
state
is
responsible
for
expeditiously
drafting,
circulating,
issuing, reissuing,
and
terminating
Class
VI
permits
as
detailed
in
the
approved
Class
VI
UIC
Program
Description,
and
pursuant
to
State
and
federal
laws, rules,
and
regulations.
The
Commissioner’
shall
review
and
issue
permits
under
the
authority
of
Louisiana’s
Class
VI
Injection Wells
Rule
LAC
43:XVII.Chapter
6.
Permits
issued
by
LDNR
shall
be
in
compliance
with
applicable
federal
and state
requirements.
All
Class
VI
permits
shall
meet
the
public
participation
requirements
at
40
CFR
25
and
124,
interstate
coordination
requirements
at
40
CFR 146.82(b),
and
permitting
procedures
at
40
CFR
124
for
Class
VI
wells.
‘Appointing
Authority
for
the
Louisiana
Office
of
Conservation
Docket No. IMD-2021-02; Page 30 of 263
B.
Class
VI
Injection
Depth Waivers
Class
VI
injection
depth
waivers
will
not
be
permitted by
LDNR
C.
Post-Injection
Site
Care
and
Site
Closure
The
state
and
EPA
agree
to
consult
on
any
alternative
post-injection
site
care
timeframes
(other
than
the
50-year
default
timeframe
required
by
40
CFR
146.93),
if
an
owner
or
operator
can
demonstrate
during
the
permitting
process that
an
alternative
post-injection
site
care
timeframe
is
appropriate
and ensures
non-endangerment
of
USDWs.
Pursuant to
40
CFR
145.1(g)
nothing
in
this
Addendum
precludes the
state
from
adopting
or
enforcing
requirements
which
are
more
stringent
or
more
extensive
than
those
required
under
federal
regulations,
and
if
the
state
program
has
a
greater
scope
of
coverage
than
required
by
Federal
law,
the
additional
coverage
is
not part
of
the
federally
approved
program.
D.
Transfer
of
Responsibility from
EPA
The
Regional
Administrator
shall
transfer
to
the
state
any
pending
permits, applications,
and
any
other
information
relevant
to
Class
VI
UIC
program
operation not already
in
the
possession
of
the
Commissioner
when
a
state
assumes
primacy
for
the
Class
VI
UIC
program.
E.
Coordination
with
EPA
EPA
and
the
state
may
coordinate
when
appropriate
the
processing
of
permits
for
facilities
or
activities
that
require
permits
from
both
EPA
and
the
state
under
different
programs.
F.
Consolidation
of
Permit
Issuance
The
state
and
EPA
may
agree
on
provisions
forjoint
processing
of
permits
for
facilities
or
activities
which
require permits
from
both
EPA
and the state
under
different
programs.
The
state
and
EPA
may
consolidate
draft
permits,
fact
sheets,
public
comment
periods
and
any
public
hearings
on
those
permits
which
are
jointly
processed.
The
commissioner
shall not,
however,
proceed
with
joint
processing
of
permits
if
this
would
result in
unreasonable
delay in
the
issuance
of
one
or
more permits.
G.
Compliance
Schedule
and
Reports
The
state
agrees
to
establish
compliance
schedules
in
permits
where
appropriate
and
to
require
periodic
reporting
on
compliance
with
compliance
schedules
and
other
permit
conditions.
H.
Environmental
Justice
The
state
agrees
to
examine
the
potential
risks
of
a
proposed
Class
VI
well within
his
or
her
jurisdiction
to
identify
and address
any
particular
impacts
on
minority
and
low-income
populations.
III.
Compliance
Monitoring
A.
General
Docket No. IMD-2021-02; Page 31 of 263
The
state
shall
operate
a
timely
and
effective
compliance
monitoring
system
to
track
compliance
with
permit
conditions
and
program
requirements.
For
purposes
of
this
Addendum
the
terms
“compliance
monitoring”
or
“compliance
evaluation”
shall
refer
to
all
efforts
associated
with
determining
compliance
with
Class
VI
UIC
program
requirements.
B.
Compliance
Schedule
The
state agrees
to
maintain
procedures
to
receive,
evaluate,
retain
and
investigate all
notices
and
reports
that
are
required
by
permit
compliance
schedules and
program
regulations.
These
procedures shall
also
include
the
necessary
elements to
investigate
the
failure
of
persons
required
to
submit
such
notices
and
reports.
The
state
shall
initiate
appropriate compliance
actions
when
required
information
is
not
received or when
the
reports
are
not
submitted.
C.
Review
of
Compliance
Reports
The
state
shall
conduct
a
timely
and
substantive
review
of
all
such
reports
to
determine
compliance
status.
The
state
shall
operate
a
tracking
system
to
determine
if:
(1)
the
reports
required
by
program regulations
are
submitted;
(2)
the
submitted
reports
are
complete
and
accurate;
and
(3)
the
permit conditions
and
program requirements
are
met.
The reports
and
notices shall
be
evaluated
for
compliance
status
in
accordance
with
the
state
compliance program
and the
program
requirements.
D.
Inspection
and
Surveillance
The
LDNR
agrees
to
have
inspection
and
surveillance
procedures to
determine
compliance
or
noncompliance
with
the
applicable
requirements
of
the
Class
VI
UIC
program.
Surveys
or
other
methods
of
surveillance
shall
be
utilized
to
identify
persons
who
have
not
complied
with
permit
applications
and
program
requirements.
My
compilations,
index, or
inventory
obtained
for
such
facilities
or
activities
shall
be
made
available
to
the
Regional
Administrator
upon
request.
The
LDNR
shall
conduct
periodic
inspections
of
the
facilities
and
activities
subject
to
regulatory
requirements.
These
compliance
monitoring
inspections
shall
be
performed
to
assess
compliance
with
all
Class
VI
UIC
program
requirements
and
include
selecting
and
evaluating
a
facility’s
monitoring
and
reporting
program.
These
inspections shall
be
conducted
to
determine
compliance
or
noncompliance
with
issued
permits,
to
verify
the
accuracy
of
information
submitted
by
operators
in
reporting
forms
and
monitoring
data,
and
to
verify
the adequacy
of
sampling,
monitoring,
and
other
methods
to
provide
the
information.
E.
Information
from
the
Public
The
LDNR
shall
provide
the
opportunity
for
the
public
to
submit
information
on
violations
and
shall
have
procedures
for
receiving, investigating,
and
ensuring
proper
consideration
of
the
information.
F.
Authority
to
Enter
The
LDNR
(and
other
state
designees)
engaged
in
compliance
monitoring
and
evaluation
shall
have the
authority
to
enter
any
site
or
premises
subject
to
regulation
or
to
review
and
copy
the
records
of
relevant
program
operations where
such
records
are
kept.
Docket No. IMD-2021-02; Page 32 of 263
G.
Admissibility
Any
investigatory
inspections
shall
be
conducted
and
samples
and
other
information
collected
in
a
manner
to
provide
evidence
admissible
in
an
enforcement
proceeding
or
in
court.
IV.
Enforcement
A.
General
The
state
is
responsible
for
taking
timely
and
appropriate enforcement
action
against
persons
in
violation
of
Class
VI
program
requirements,
permit
conditions, compliance
schedules,
technical
and
other
Class
VI
program
requirements.
This
includes
violations
detected
by
state
or
federal
inspections.
EPA
shall
be
notified
of
any
enforcement
actions
taken
by
the
state.
Failure by
the
state
to
initiate
appropriate
enforcement
action
against
a
substantive
violation
may
be
the
basis
for
EPA’s
determination
that
the
state
has
failed
to
take
timely
enforcement
action.
Such
a
determination
shall result in
EPA
filing
an
action
to
enforce
the state’s
rules
consistent
with
Section
1423
of
the
SDWA.
Failure
by
the
state
to
initiate
appropriate
enforcement
action
against
a
substantive
violation
may
be
the
basis
for
EPA’s
determination
that
the
state
has
failed
to
take
timely
enforcement
action.
B.
Enforcement
Mechanisms
The
state
shall
have the
mechanism to
restrain
immediately
and
effectively
any
person
engaging
in
any
unauthorized
activity
or operation,
which
is
endangering
or
causing
damage
to
public
health or
the
environment
as
applicable
to
the
program
requirements.
LDNR
shall
also
have the
means
to
sue
in courts
of
competent
jurisdiction
to
prohibit
any threatened
or
continuing
violation
of
any UIC
program
requirement.
Additionally, LDNR
shall
have
the
mechanism
to
access
or
sue
to
recover
in
court
civil
penalties
and
criminal
remedies
as
established
in
La.
R.S.
30:1106,
La.
R.S.
30:l8,and
40
CFR
145.13.
C.
EPA
Enforcement
Nothing
in
this Addendum
shall
affect
EPA’s
authority or
responsibility
to
take
enforcement
actions
under
Sections
1423
and
1431
of
SDWA.
When
the
state
has
a
fully
approved
Class
VI
UIC
program,
EPA
will
not take
enforcement
actions
without
providing
prior
notice
to the
state
and
otherwise
complying
with
sections
1423
and
1431
of
SDWA.
D.
Assessment
of
Fines
The
state
shall
agree
to
assess
civil
penalties
in
amounts
appropriate
to
the
violation
as
required
in
La.
R.S.
30:1106,
La.
R.S.
30:18,
and 40
CFRI45.13(c).
V.
EPA
Oversight
A.
General
Docket No. IMD-2021-02; Page 33 of 263
EPA
shall
oversee the
state’s
administration
of
the
Class
VI
UIC
program
on
a
continuing
basis
to
assure
that
such
administration
is
consistent
with
this
Addendum,
the
program
MOA,
the
state
UIC
grant
application,
and
all
applicable
requirements
embodied in current regulations,
policies,
and
federal law.
In
addition
to
the
specific
oversight
activities
listed
in this
section,
EPA
may
from
time
to
time
request
specific
information,
and
the
state
shall
submit
and
provide
access
to
files
necessary
for
evaluating
the
state’s
administration
of
the Class
VI
UIC
program.
B.
Immediate
Reporting
on
Noncompliance
The
LDNR
shall
immediately
notify
the
Regional
Administrator
by
telephone,
or otherwise,
of
any
major,
imminent
hazard
to
public
health
resulting
from
the
endangerment
of
a
USDW
of
the
state
by
Class
VI
injection
well
activities.
C.
Program
Reports
Federal
requirement
40
CFR
§
146.9
1(e)
requires
that regardless
of
whether
a
State
has
primacy
enforcement
responsibility,
owners
or
operators
must
submit
all
required
reports,
submittals,
and
notifications
under
Subpart
H
of
part
146
to
EPA
in
an
electronic
format
approved
by
EPA.
Additional
State
regulations require
the
owner
or
operator
to
submit
reports,
submittals,
and
notifications
to
LDNR.
In order
to
assure
both
the
State,
as
the
primacy
authority,
and
EPA,
as
the
oversight
authority,
have
consistent
data
throughout
program
implementation,
LDNR
agrees
to
submit
to
EPA
or
allow
EPA
viewing
access
to
all
Class
VI
reports,
submittals,
and
notifications
submitted
to
the
State.
LDNR
will
assist
EPA
in
owner
or operator
compliance
with
40
CFR
§
146.9
1(e)
by
submitting
to
EPA
or
allowing
EPA
viewing
access
to
all
required
reports,
submittals,
and
notifications
under
Subpart
H
of
part
146
through
the
Department’s
database
in
an
electronic format
approved
by
EPA.
D.
Quarterly
Program Reports
The
LDNR
shall
submit
to
the
Regional
Administrator
quarterly
non-compliance
reports
as
specified
in
40
CFR
§
144.8(a).
Quarterly
reports
will
be
submitted
in
accordance
with
the
following
schedule
(or
as
otherwise
specified
in
LDNR’s
FY
UTC
workplan):
•
October,
November,
December
due
January
30
•
January,
February,
March
due
April
30
•
April,
May,
June
due
July
30
•
July,
August,
September
due
October
30
E.
Annual
Program
Reports
LDNR
shall
submit
an
annual
program
report
as
specified
by
40
CFR
§
144.8
to
the
Regional
Administrator
sixty
(60)
days
after
the end
of
the
federal
fiscal
year.
The report
is
for
the
period
of
October
1
through
September30 (federal
fiscal
year)
and
will
consist
of
the
following:
i.
A
well
inventory
consisting
of
the
facility
name and
ID,
location,
well
type,
and
well
status.
Docket No. IMD-2021-02; Page 34 of 263
ii.
A
written
summary
of
the
major
program
activities
completed
and
in
progress
during
the
fiscal
year
as
identified
in
the
work
plan.
LDNR
will
provide
the
EPA
any
information
or
data
necessary
to
assist
in
the
development
of
the
State/EPA
SEA
process.
F.
Major
Facilities
Major
facilities
will
include:
all
Class
VI
Facilities.
G.
Aquifer
Exemptions
Other
than
EPA
approved
aquifer
exemption
expansions
that
meet
the
criteria for
exempted
aquifers,
new
aquifer
exemptions
shall
not
be
issued
for
Class
VI
injection
well
activities.
Even
if
an
aquifer
has
not
been
specifically identified by
LDNR,
it
is
an
underground
source
of
drinking
water
if
it
meets
the
definition
at
40
CFR
§
144.3.
H.
Mechanical
Integrity
LDNR
may
allow
the
use
of
a
test
to
demonstrate
mechanical
integrity
other
than
those
listed
in
the
Class
VI
UIC
Program
description.
Any
alternative
mechanical
integrity
test
must
receive
written
approval
from
the
EPA
Administrator
prior
to
implementation
and
be
consistent
with
the
requirements
of
40
CFR
§
146.89(e).
I.
Inspection
and
Surveillance by EPA
The
Regional
Administrator
may
select
facilities
and
activities
within
the state
for
EPA
inspection.
EPA
may
conduct
such
inspections
jointly
with
the
state.
The
LDNR
shall
give
the
Regional
Administrator
adequate
notice
to
participate
in
any
compliance evaluation
inspection
scheduled
by
the
state.
The
Regional
Administrator
may
also choose
to
conduct
inspections
independently
of
the state’s
schedule.
In
such
cases,
EPA
shall
noti~’
the
state
at
least seven
(7)
days
before
any
inspection
that
EPA
determines
to
be
necessary
to
allow
coordination
of
scheduling
and
allow
joint
inspection.
However,
if
an
emergency exists,
or
for
some
reason
it
is
impossible
to
give
advance
notification,
the
Regional
Administrator
may
waive
advance
notification
to inspect
a
facility.
In
keeping
with
Section
1445(b)(2)
of
SDWA,
the
state
understands
not
to
inform
the
person whose
property
is
to
be
entered
during
the
pending
inspection.
J.
Annual
Performance
Evaluation
EPA
shall
conduct,
at
least
annually,
performance
evaluations
of
the
state
program using program
reports
and
other
requested
information
to
determine
state
program
consistency
with
the
program
submission,
SDWA
applicable
regulations,
and
applicable
guidance
and
policies.
The
review
will
not
only
include
a
review
of
financial
expenditures
but
reviews
on progress
towards
program
implementation,
changes
in
the
program
description,
and
efforts
towards
progress
on
program
elements.
Docket No. IMD-2021-02; Page 35 of 263
EPA
shall
submit
a
summary
of
the
evaluation
findings
to
the
state
outlining
the
deficiencies
in
program
performance
and
recommendations
for
improving
state
operations. The
report
also
might
provide
guidance
for
the
development
of
an
upcoming
grant
application.
The
state
shall
have
15
working
days
from
the
date
of
receipt
to
concur
with
or comment
on the
findings
and
recommendations.
VI.
Signatures
IN
WITNESS
WHEREOF,
the
parties
have
executed
this
Addendum.
Louisiana
Department
of
Natural
Resources
_______________
C—
7-
~.n
Ric≠d
P.
Ieyoub
C_p6missioner
of
Conservation,
Dep
ent
of
Natural
Resources
United
States
Environmental
Protection
Agency,
Region
6
David
Gray
Acting
Regional
Administrator
Docket No. IMD-2021-02; Page 36 of 263
State of Louisiana
Department of Natural Resources
Office of Conservation
Injection and Mining Division
Class VI USEPA Primacy Application
V. Notice of Intent
Docket No. IMD-2021-02; Page 37 of 263
NOTICE OF INTENT
Department of Natural Resources
Office of Conservation
Class VI Injection Wells
(LAC 43:XVII.Chapter 6)
In accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq.,
and through the power delegated under the laws of the state of Louisiana, notice is hereby given
that the Department of Natural Resources, Office of Conservation proposes to adopt Statewide
Order No. 29-N-6 (LAC 43:XVII. Subpart 6, Chapter 6), to facilitate the permitting, siting,
construction, operation, monitoring, and site closure of Class VI injection wells, which are used to
injection carbon dioxide for the purposes of geologic sequestration.
The Department of Natural Resources, Office of Conservation proposes to adopt provisions
governing the oversight of the Class VI carbon sequestration program within the Underground
Injection Control (UIC) Program located within the Office of Conservation. Class VI wells are a
federally-designated well class that inject carbon dioxide gas underground for long-term
containment or sequestration, ultimately limiting net emissions for this greenhouse gas. The UIC
Program is currently applying for primary enforcement authority from the United States
Environmental Protection Agency (US EPA), modifying the UIC Program oversight to include
Class VI well in addition to current oversight authority for Class I, II, III, IV, and V wells.
Promulgation of Statewide Order 29-N-6 is required in order to obtain primary enforcement
authority from the US EPA.
With the adoption of a new federal tax credit (IRS Section 45-Q), a large number of
companies from oil and gas, utility, petrochemical, and other industries plan to construct and
operate Class VI injection wells at new and existing sites in Louisiana to take advantage of 45-Q
and mitigate carbon dioxide emissions. Currently, companies must submit Class VI permit
applications to the US EPA. The promulgation of this proposed rule will enable the UIC Program
to obtain primary enforcement authority from the US EPA so that permitting and compliance for
Class VI wells will be incorporated into the UIC Program’s current oversight authority for all other
categories of injection wells.
Docket No. IMD-2021-02; Page 38 of 263
Title 43
NATURAL RESOURCES
Part XVII. Office of Conservation―Injection and Mining
Subpart 6. Statewide Order No. 29-N-6
Chapter 6. Class VI Injection Wells
§601. Definitions
A. The following definitions apply to all regulations in this Chapter. Terms not defined in this Section
for Class VI wells have the meaning given by R.S. (1950) Title 30, Section 1103.
Abandoned Well―a well whose use has been permanently discontinued or which is in a state of
disrepair such that it cannot be used for its intended purpose or for observation purposes.
Act―Part I, Chapter 1 of Title 30 of the Louisiana Revised Statutes.
Act 517—Act 517 of the 2009 Louisiana regular legislative session. See Louisiana Geologic
Sequestration of Carbon Dioxide Act.
Application―the filing by a person on the Office of Conservation forms for an underground injection
permit, including any additions, revisions or modifications to the forms.
Aquifer―a geological formation, group of formations, or part of a formation that is capable of yielding
a significant amount of water to a well or spring.
Area of Review―the region surrounding the geologic sequestration project where USDWs may be
endangered by the injection activity, and is delineated using computational modeling that accounts for the
physical and chemical properties of all phases of the injected carbon dioxide stream and displaced fluids,
and is based on available site characterization, monitoring, and operational data as set forth in §§615.B. and
615.C.
Carbon Dioxide—naturally occurring, geologically sourced, or anthropogenically sourced carbon
dioxide including its derivatives and all mixtures, combinations, and phases, whether liquid or gaseous,
stripped, segregated, or divided from any other fluid stream thereof.
Carbon Dioxide Plume—the extent underground, in three dimensions, of an injected carbon dioxide
stream.
Carbon Dioxide Stream—the carbon dioxide that has been captured from an emission source (e.g., a
power plant), plus incidental associated substances derived from the source materials and the capture
process, and any substances added to the stream to enable or improve the injection process. This meaning
does not apply to any carbon dioxide stream meeting the definition of a hazardous waste under Title 40,
Code of Federal Regulations, Part 261.
Casing―a metallic or nonmetallic tubing or pipe of varying diameter and weight, lowered into a
borehole during or after drilling in order to support the sides of the hole and thus prevent the walls form
caving, to prevent loss of drilling mud into porous ground, or to prevent water, gas or other fluid from
entering or leaving the hole.
Docket No. IMD-2021-02; Page 39 of 263
Catastrophic Collapse―the sudden and utter failure of overlying strata caused by removal of
underlying materials.
Cementing―the operation whereby a cement slurry is pumped into a drilled hole and/or forced behind
the casing.
Cesspool―a drywell that receives untreated sanitary waste containing human excreta, and which
sometimes has an open bottom and/or perforated sides.
Commissioner―the Assistant Secretary of the Office of Conservation, Department of Natural
Resources.
Confining Bed―a body of impermeable or distinctly less permeable material stratigraphically adjacent
to one or more aquifers.
Confining Zone―a geological formation, group of formations, or part of a formation stratigraphically
overlying the injection zone that acts as a barrier to fluid movement above an injection zone.
Contaminant―any physical, chemical, biological, or radiological substance or matter in water.
Corrective Action—the use of UIC program-approved methods to ensure that wells within the area of
review do not serve as conduits for the movement of fluids into USDWs.
Disposal Well―a well used for the disposal of waste into a subsurface stratum.
Drilling Mud―heavy suspension used in drilling an injection well introduced down the drill pipe and
through the drill bit.
Draft Permit― a document prepared under §611.C.1 indicating the commissioner’s decision to issue
or deny, modify, revoke and reissue, terminate, or reissue a permit. A notice of intent to terminate a permit
and a notice of intent to deny a permit as discussed in §§613.E.2 and 611.C are types of “draft permits.” A
denial of request for modification, revocation and reissuance, or termination, as discussed in §613.B.4 is
not a draft permit.
Drywell―a well, other than an improved sinkhole or subsurface fluid distribution system, completed
above the water table so that its bottom and sides are typically dry except when receiving fluids.
Effective Date―the date that the Louisiana State UIC Program is approved by the Environmental
Protection Agency.
Emergency Permit―a UIC permit issued in accordance with §115 or §515.
Exempted Aquifer―an aquifer or its portion that meets the criteria of the definition of underground
source of drinking water but which has been exempted according to the procedures set forth in §603.F.
Existing Injection Well or Project―an injection well or project other than a new injection well or
project.
Experimental Technology―a technology which has not been proven feasible under the conditions in
which it is being tested.
Facility or Activity―any facility or activity, including land or appurtenances thereto, that is subject to
these regulations.
Fault―a surface or zone of rock fracture along which there has been displacement.
Flow Rate―the volume per time unit given to the flow of gases or other fluid substance which emerges
from an orifice, pump, turbine or passes along a conduit or channel.
Docket No. IMD-2021-02; Page 40 of 263
Fluid―any material or substance which flows or moves whether in a semisolid, liquid, sludge, gas or
any other form or state.
Formation―a body of consolidated or unconsolidated rock characterized by a degree of lithologic
homogeneity revealingly, but not necessarily, tabular and is mappable on the earth's surface or traceable in
the subsurface.
Formation Fluid―fluid present in a formation under natural conditions as opposed to introduced fluids,
such as drilling muds.
Generator―any person, by site location, whose act or process produces hazardous waste identified or
listed in the Louisiana Hazardous Waste Management Program; or any person or entity who generates or
causes to be generated any fluid for well injection.
Geologic Storage—the long or short-term underground storage of carbon dioxide in subsurface
geologic formations.
Geologic Storage Facility—See Geologic Sequestration Site.
Geologic Storage Site—See Geologic Sequestration Site.
Geologic Sequestration—the long-term containment of a gaseous, liquid, or supercritical carbon
dioxide stream in subsurface geologic formations. This term does not apply to carbon dioxide capture or
transport.
Geologic Sequestration Project—an injection well or wells used to emplace a carbon dioxide stream
beneath the lowermost formation containing a USDW; or wells used for geologic sequestration of carbon
dioxide that have received an expansion to the areal extent of an existing Class II enhanced oil recovery or
enhanced gas recovery aquifer exemption pursuant to §603.F of this chapter. It includes the subsurface
three-dimensional extent of the carbon dioxide plume, associated area of elevated pressure, and displaced
fluids, as well as the surface area above that delineated region.
Geologic Sequestration Site—the underground reservoir, carbon dioxide injection wells, monitoring
wells, underground equipment, and surface buildings and equipment utilized in the sequestration or storage
operation, including pipelines owned or operated by the sequestration or storage operator used to transport
the carbon dioxide from one or more capture facilities or sources to the sequestration or storage and
injection site. The underground reservoir component of the sequestration or storage facility includes any
necessary and reasonable aerial buffer and subsurface monitoring zones designated by the commissioner
for the purpose of ensuring the safe and efficient operation of the storage facility for the storage of carbon
dioxide and shall be chosen to protect against pollution, and escape, or migration of carbon dioxide.
Ground Water―water below the land surface in a zone of saturation.
Hazardous Waste―a hazardous waste as defined in the Louisiana Hazardous Waste Management
Program.
Hazardous Waste Management (HWM) Facility―all contiguous land, and structures, other
appurtenances, and improvements on the land, used for treating, storing or disposing of hazardous waste.
Improved Sinkhole―a naturally occurring karst depression or other natural crevice found in volcanic
terrain and other geologic settings which have been modified by man for the purpose of directing and
emplacing fluids into the subsurface.
Injection Well―a well into which fluids are being injected other than fluids associated with active
drilling operations.
Docket No. IMD-2021-02; Page 41 of 263
Injection Interval―that part of the injection zone in which the well is screened or perforated or in which
injected fluids are directly emplaced.
Injection Zone―a geological formation, group of formations or part of a formation receiving fluids
through a well. For Class VI projects, it must also be of sufficient areal extent, thickness, porosity, and
permeability to receive carbon dioxide through a well or wells associated with a geologic sequestration
project.
Ionizing Radiation―any electromagnetic or particulate radiation capable of producing ions, directly or
indirectly, in its passage through matter. It includes any or all of the following: alpha rays, beta rays, gamma
rays, X-rays, neutrons, high-speed electrons, high-speed protons, and other atomic particles; but not sound
or radio waves, or visible, infrared or ultraviolet light.
Lithology―the description of rocks on the basis of their physical and chemical characteristics.
Louisiana Geologic Sequestration of Carbon Dioxide Act—Act 517 of 2009 at Chapter 11 of Title 30
of the Louisiana Revised Statutes of 1950,
Major Facility―any Class I or IV hazardous waste injection well facility or activity.
Manifest―the shipping document originated and signed by the generator which contains the
information required by the Hazardous Waste Management Program.
New Injection Well―a well which began injection after the Louisiana Underground Injection Control
program is approved and the applicable (Office of Conservation) rules and regulations are promulgated.
Operator―the person recognized as being responsible to the Office of Conservation for the well, site,
facility, or activity subject to regulatory authority under these rules and regulations. The operator can, but
need not be, the owner of the well, site, facility, or activity.
Owner―the person that owns any well, site, facility, or activity subject to regulation under the UIC
program. The owner can, but need not be, the operator of the well, site, facility, or activity.
Packer―a device lowered into a well to produce a fluid tight seal within the casing.
Permit―an authorization, license, or equivalent control document issued by the commissioner to
implement the requirements of these regulations. Permit includes, but it is not limited to, area permits and
emergency permits. Permit does not include UIC authorization by rule or any permit which has not yet been
the subject of final agency action, such as a draft permit.
Person—any natural person, individual, association, corporation, partnership, limited liability
company, or other entity, receiver, tutor, curator, executor, administrator, fiduciary, municipality, state or
federal agency, or an agent or employee of the aforementioned thereof.
Plugging―the act or process of stopping the flow of water, oil or gas into or out of a formation through
a borehole or well penetrating that formation.
Plugging Record― a systematic listing of permanent or temporary abandonment of water, oil, gas, test,
exploration and waste injection wells, and may contain a well log, description of amounts and types of
plugging material used, the method employed for plugging, a description of formations which are sealed
and a graphic log of the well showing formation location, formation thickness, and location of plugging
structures.
Point of Injection―the last accessible sampling point prior to waste fluids being released into the
subsurface environment through a Class V injection well. For example, the point of injection of a Class V
Docket No. IMD-2021-02; Page 42 of 263
septic system might be the distribution box, the last accessible sampling point before the waste fluids drain
into the underlying soils. For a dry well, it is likely to be the well bore itself.
Post-Injection Site Care—the appropriate monitoring and other actions (including corrective action)
needed following cessation of geologic sequestration injection to ensure that USDWs are not endangered,
as required under §633.
Pressure―the total load or force per unit area acting on a surface.
Pressure Front—the zone of elevated pressure in the subsurface created by injection where there is a
pressure differential sufficient to cause the movement of injected fluids or formation fluids into a USDW.
Project―a group of wells in a single operation.
Public Water System―a system for the provision to the public of piped water for human consumption,
if such system has at least 15 service connections or regularly serves at least 25 individuals. Such term
includes:
a. any collection, treatment, storage, and distribution facilities under control of the operator of such
system and used primarily in connection with such system; and
b. any collection or pretreatment storage facilities not under such control which are used primarily
in connection with such system.
Radiation―any electromagnetic or ionizing radiation including gamma rays and X-rays, alpha and beta
particles, high-speed electrons, neutrons, protons and other nuclear particles; but not sound waves. Unless
specifically stated otherwise, these regulations apply only to ionizing radiation.
Radioactive Material―any material, whether solid, liquid, or gas, which emits radiation spontaneously.
Radioactive Waste―any waste which contains radioactive material for which no use or reuse is
intended and which is to be discarded.
RCRA―the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of
1976 (P.L. 94-580 as amended by P.L. 95-609, 42 U.S.C. 6901 et seq.).
Reservoir—that portion of any underground geologic stratum, formation, or aquifer, including oil and
gas reservoirs, or other saline formations, and coal and coalbed methane seams, suitable for or capable of
being made suitable for injection or storage of fluids.
Sanitary Waste―liquid or solid wastes originating solely from humans and human activities, such as
wastes collected from toilets, showers, wash basins, sinks used for cleaning domestic areas, sinks used for
food preparation, clothes washing operations, and sinks or washing machines where food and beverage
serving dishes, glasses, and utensils are cleaned. Sources of these wastes may include single or multiple
residences, hotels and motels, restaurants, bunkhouses, schools, ranger stations, crew quarters, guard
stations, campgrounds, picnic grounds, day-use recreation areas, other commercial facilities, and industrial
facilities provided the waste is not mixed with industrial waste.
Schedule of Compliance―a schedule or remedial measures included in a permit, including an
enforceable sequence of interim requirements (for example, actions, operations, or milestone events)
leading to compliance with the act and these regulations.
Septic System―a well that is used to emplace sanitary waste below the surface and is typically
comprised of a septic tank and subsurface fluid distribution system or disposal system.
Docket No. IMD-2021-02; Page 43 of 263
Site―the land or water area where any facility or activity is physically located or conducted including
adjacent land used in connection with the facility or activity.
Site Closure—the point or time, as determined by the UIC program following the requirements under
§633, at which the owner or operator of a geologic sequestration site is released from post-injection site
care responsibilities.
Skin Effect―the blockage or plugging of the well perforations or near wellbore formation face from
solids in the waste stream that results in increased injection pressures and can be measured by accepted
engineering test procedures.
Sole or Principal Source Aquifer―an aquifer which is the sole or principal drinking water source for
an area and which, if contaminated, would create a significant hazard to public health.
State―the state of Louisiana.
Stratum (plural Strata)―a single sedimentary bed or layer, regardless of thickness, that consists of
generally the same kind of rock material.
Subsurface Fluid Distribution System―an assemblage of perforated pipes, drain tiles, or other similar
mechanisms intended to distribute fluids below the surface of the ground.
Surface Casing―the first string of casing to be installed in the well, excluding conductor casing.
Third Party―a party who is not within the corporate structure of the owner or operator.
Total Dissolved Solids―the total dissolved filterable solids as determined by use of the method
specified in the 14th edition, pp. 91-92, of Standard Methods for the Examination of Water and Waste Water.
Transmissive Fault or Fracture—a fault or fracture that has sufficient permeability and vertical extent
to allow fluids to move between formations.
UIC―the Louisiana State Underground Injection Control Program.
Underground Injection―a well injection.
Underground Source of Drinking Water (USDW)―an aquifer or its portion:
a. which supplies any public water system; or
b. which contains a sufficient quantity of ground water to supply a public water system; and
i. currently supplies drinking water for human consumption; or
ii. contains fewer than 10,000 mg/1 total dissolved solids; and which is not an exempted aquifer.
USDW―Underground Source of Drinking Water.
U S E PA —the United States Environmental Protection Agency.
Well―a bored, drilled, or driven shaft whose depth is greater than the largest surface dimension; or, a
dug hole whose depth is greater than the largest surface dimension; or, an improved sinkhole; or, a
subsurface fluid distribution system.
Well Injection―the subsurface emplacement of fluids through an injection well.
Well Plug―a fluid-tight seal installed in a borehole or well to prevent movement of fluids.
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Well monitoring―the measurement by on-site instruments or laboratory methods, of the quality of
water in a well.
Well Stimulation―several processes used to clean the well bore, enlarge channels, and increase pore
space in the interval to be injected thus making it possible for fluids to move more readily into the formation,
and includes, but may not be limited to:
a. surging;
b. jetting;
c. blasting;
d. acidizing; or
e. hydraulic fracturing.
Workover―to perform one or more of a variety of remedial operations on an injection well, such as
cleaning, perforation, change tubing, deepening, squeezing, plugging back, etc.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
§603. General Provisions
A. Applicability. These rules and regulations apply to all owners and operators of proposed and existing
Class VI injection wells and projects in the state of Louisiana.
1. The commissioner shall administer the provisions of Act 517 and these regulations promulgated
thereunder for geologic sequestration of carbon dioxide.
2. The provisions of this Chapter only apply to geologic sequestration of carbon dioxide in
underground reservoirs as defined in §601 above. The geologic sequestration of carbon dioxide is not
permitted in solution-mined salt caverns under these provisions.
3. This provisions of this Chapter also apply to owners or operators of permit- or rule-authorized Class
I, Class II, or Class V experimental carbon dioxide injection projects who seek to apply for a Class VI
geologic sequestration permit for their well or wells. Owners or operators seeking to convert existing Class
I, Class II, or Class V experimental wells to Class VI geologic sequestration wells must demonstrate to the
commissioner that the wells were engineered and constructed to meet the requirements at §617.A.1 and
ensure protection of USDWs, in lieu of requirements at §§617.A.2 and 617.B.1 By December 10, 2011,
owners or operators of either Class I wells previously permitted for the purpose of geologic sequestration
or Class V experimental technology wells no longer being used for experimental purposes that will continue
injection of carbon dioxide for the purpose of GS must apply for a Class VI permit. A converted well must
still meet all other requirements under this Chapter.
B. Prohibition of Unauthorized Injection. Any underground injection, except as authorized by a permit
or rule, is prohibited after the effective date of these regulations. Construction or operation of any well
required to have a permit under these regulations is prohibited until the permit has been issued.
1. Any underground injection that violates any rule of this Chapter is subject to enforcement action.
C. Classification of Injection Wells
1. Class VI. Wells not experimental in nature that are used for geologic sequestration of carbon
dioxide beneath the lowermost formation containing a USDW; or wells used for geologic sequestration of
Docket No. IMD-2021-02; Page 45 of 263
carbon dioxide that have received an expansion to the areal extent of an existing Class II enhanced oil
recovery or enhanced gas recovery aquifer exemption pursuant to the appropriate parts of §603.F.
a. During initial Class VI program development, the commissioner shall not expand the areal extent
of an existing Class II enhanced oil recovery or enhanced gas recovery aquifer exemption for Class VI
injection wells, and the USEPA shall not approve a program that applies for aquifer exemption expansions
of Class II to Class VI exemptions as part of the program description. All Class II to Class VI aquifer
exemption expansions previously issued by USEPA must be incorporated into the Class VI program
descriptions pursuant to requirements at 40 CFR 145.23(f)(9).
2. Prohibition of Non-Experimental Class V Wells for Geologic Sequestration. The construction,
operation or maintenance of any non-experimental Class V geologic sequestration well is prohibited.
D. Prohibition of Movement of Fluid into Underground Sources of Drinking Water
1. No authorization by permit or rule shall allow the movement of fluid containing any contaminant
into underground sources of drinking water, if the presence of that contaminant may cause a violation of
any primary drinking water regulation under 40 CFR part 141 or of the Louisiana Drinking Water
Regulations, Chapter VIII of the State Sanitary Code or may otherwise adversely affect the health of
persons. The applicant for a permit shall have the burden of showing that the requirements of this Section
are met.
2. For Class VI wells, if any water quality monitoring of a USDW indicates the movement of any
contaminant into the USDW, except as authorized under §603.F, the commissioner shall prescribe such
additional requirements for construction, corrective action, operation, monitoring, or reporting (including
closure of the injection well) as are necessary to prevent such movement. In the case of wells authorized by
permit, these additional requirements shall be imposed by modifying the permit in accordance with §613.C,
or the permit may be terminated under §613.E if cause exists, or appropriate enforcement action may be
taken if the permit has been violated. In the case of wells authorized by rule, see §603.E.1.
3. If at any time the commissioner learns that a Class VI well may cause a violation of the Louisiana
Drinking Water Regulations, Chapter XII of the State Sanitary Code or may be otherwise adversely
affecting the health of persons, he shall:
a. require the injector to obtain a permit;
b. order the injector to take such actions (including, where required, closure of the injection well)
as may be necessary to prevent the violation or adverse effect; or
c. take enforcement action.
4. Notwithstanding any other provision of this Section, the commissioner may take emergency action
upon receipt of information that a contaminant which is present in or likely to enter a public water system
or underground source of drinking water may present an imminent and substantial endangerment to the
health or safety of persons.
E. Authorization of Underground Injection by Rule
1. Class VI wells cannot be authorized by rule to inject carbon dioxide.
Owners or operators of
Class VI wells must obtain a permit.
a. Any authorization by rule for an existing Class II enhanced recovery or hydrocarbon storage well
shall expire upon the effective date of a Class VI permit issued pursuant to §603.G., or well plug and
abandonment according to an approved plug and abandonment plan, or upon well conversion.
Docket No. IMD-2021-02; Page 46 of 263
F. Identification of Underground Sources of Drinking Water and Exempted Aquifers
1. The commissioner may identify (by narrative description, illustrations, maps, or other means) and
shall protect as an underground source of drinking water, all aquifers or parts of aquifers which meet the
definition of an underground source of drinking water, except where there is an applicable aquifer
exemption under §§603.F.2 and 4, or an expansion to the areal extent of an existing Class II enhanced oil
recovery or enhanced gas recovery aquifer exemption for the exclusive purpose of Class VI injection for
geologic sequestration under §603.F.4. Other than approved aquifer exemption expansions that meet the
criteria set forth in §603.F.2.d, new aquifer exemptions shall not be issued for Class VI injection wells.
Even if an aquifer has not been specifically identified by the commissioner, it is an underground source of
drinking water if it meets the definition.
2. After notice and opportunity for a public hearing the commissioner may identify (by narrative
description, illustrations, maps, or other means) and describe in geographic and/or geometric terms (such
as vertical and lateral limits and gradient) which are clear and definite, all aquifers or parts thereof which
the commissioner proposes to designate as exempted aquifers if they meet the following criteria:
a. the aquifer does not currently serve as a source of drinking water; and
b. the aquifer cannot now and will not in the future serve as a source of drinking water because:
i. it is mineral, hydrocarbon or geothermal energy producing or can be demonstrated by a permit
applicant as part of a permit application for a Class III operation to contain minerals or hydrocarbons that
considering their quantity and location are expected to be commercially producible;
ii. it is situated at a depth or location which makes recovery of water for drinking water purposes
economically or technologically impractical;
iii. it is so contaminated that it would be economically or technologically impractical to render that
water fit for human consumption; or
iv. it is located over a Class III well mining area subject to subsidence or catastrophic collapse; or
c. the total dissolved solids content of the ground water is more than 3,000 and less than 10,000
mg/1 and it is not reasonably expected to supply a public water system.
d. the areal extent of an aquifer exemption for a Class II enhanced oil recovery or enhanced gas
recovery well may be expanded for the exclusive purpose of Class VI injection for geologic sequestration
under §103.F.4 if it meets the following criteria:
i. it does not currently serve as a source of drinking water; and
ii. the total dissolved solids content of the ground water is more than 3,000 mg/l and less than
10,000 mg/l; and
iii. it is not reasonably expected to supply a public water system.
3. No designation of an exempted aquifer submitted as part of the state’s UIC program shall be final
until approved by the USEPA. No designation of an expansion to the areal extent of a Class II enhanced oil
recovery or enhanced gas recovery aquifer exemption for the exclusive purpose of Class VI injection for
geologic sequestration shall be final until approved by the USEPA as a substantial revision of the state’s
UIC program in accordance with 40 CFR 145.32.
4. Expansion to the Areal Extent of Existing Class II Aquifer Exemptions for Class VI Wells.
Operators of Class II enhanced oil recovery or enhanced gas recovery wells may request that the
Docket No. IMD-2021-02; Page 47 of 263
commissioner approve an expansion to the areal extent of an aquifer exemption already in place for a Class
II enhanced oil recovery or enhanced gas recovery well for the exclusive purpose of Class VI injection for
geologic sequestration. Such requests are treated as a substantial program revision to the state’s UIC
program and will not be final until approved by USEPA.
a. The operator of a Class II enhanced oil recovery or enhanced gas recovery well that requests an
expansion of the areal extent of an existing aquifer exemption for the exclusive purpose of Class VI
injection for geologic sequestration must define (by narrative description, illustrations, maps, or other
means) and describe in geographic and/or geometric terms (such as vertical and lateral limits and gradient)
that are clear and definite, all aquifers or parts thereof that are requested to be designated as exempted using
the criteria in §603.F.2.d.
b. In evaluating a request to expand the areal extent of an aquifer exemption of a Class II enhanced
oil recovery or enhanced gas recovery well for the purpose of Class VI injection, the commissioner must
determine that the request meets the criteria for exemptions. In making the determination, the commissioner
shall consider:
i. current and potential future use of the USDWs to be exempted as drinking water resources;
ii. the predicted extent of the injected carbon dioxide plume, and any mobilized fluids that may
result in degradation of water quality, over the lifetime of the project, as informed by computational
modeling, in order to ensure that the proposed injection operation will not at any time endanger USDWs
including non-exempted portions of the injection formation; and
iii. whether the areal extent of the expanded aquifer exemption is of sufficient size to account for
any possible revisions to the computational model during reevaluation of the area of review.
G Transitioning from Class II to Class VI
1. Operators of wells used to inject carbon dioxide for the primary purpose of long-term storage into
an oil or gas reservoir must apply for and obtain a Class VI geologic sequestration permit when there is an
increased risk to USDWs compared to Class II operations. The factors specified in §603.G.2 below must
be considered in determining if there is an increased risk to USDWs.
2 The commissioner shall determine when there is an increased risk to USDWs compared to Class II
operations and when a Class VI permit is required. The commissioner must consider the following in order
to make this determination:
a. increase in reservoir pressure within the injection zone(s);
b. increase in carbon dioxide injection rates;
c. decrease in reservoir production rates;
d. distance between the injection zone(s) and USDWs;
e. suitability of the Class II enhanced oil or gas recovery area of review delineation;
f. quality of abandoned well plugs within the area of review;
g. the owner’s or operator’s plan for recovery of carbon dioxide at the cessation of injection;
h. the source and properties of injected carbon dioxide; and
i. any additional site-specific factors as determined by the commissioner.
H. Additional Requirements.
Docket No. IMD-2021-02; Page 48 of 263
1. All tests, reports, logs, surveys, plans, applications, or other submittals whether required by these
rules and regulations or submitted for informational purposes are required to bear the Louisiana Office of
Conservation serial number of any Class VI carbon dioxide sequestration well associated with the submittal.
2. All applications, reports, plans, requests, maps, cross-sections, drawings, opinions,
recommendations, calculations, evaluations, or other submittals including or comprising geoscientific work
as defined by La. R.S. 37:711.1 et seq. must be prepared, sealed, signed, and dated by a licensed
Professional Geoscientist (P.G.) authorized to practice by and in good standing with the Louisiana Board
of Professional Geoscientists.
3. All applications, reports, plans, requests, specifications, details, calculations, drawings, opinions,
recommendations, evaluations or other submittals including or comprising the practice of engineering as
defined by La. R.S. 37:681 et seq. must be prepared, sealed, signed, and dated by a licensed Professional
Engineer (P.E.) authorized to practice by and in good standing with the Louisiana Professional Engineering
and Land Surveying Board.
4. The commissioner may prescribe additional requirements for Class VI wells or projects in order to
protect USDWs and the health, safety, and welfare of the public.
I. Confidentiality of Information. Information obtained by any rule, regulations, order, or permit term
or condition adopted or issued hereunder, or by any investigation authorized thereby, shall be available to
the public, unless nondisclosure is requested in writing and such information is determined by the
commissioner to require confidentiality to protect trade secrets, processes, operations, style of work,
apparatus, statistical data, income, profits, losses, or in order to protect any plan, process, tool, mechanism,
or compound; provided that such nondisclosure shall not apply to information that is necessary for use by
duly authorized officers or employees of state or federal government in carrying out their responsibilities
under these regulations or applicable federal or state law. If no claim is made at the time of submission, the
commissioner may make the information available to the public without further notice. Claims of
confidentiality for the following information shall be denied:
1. the name and address of any permit applicant or permittee; and
2. 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., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
§605. Permit Requirements, Application, Signatories
A. Applicability. The rules and regulations of this Section apply to all Class VI injection wells or project
applications required to be filed with the Department of Natural Resources (Office of Conservation)
for authorization under R.S. 1950 Title 30.
B. The commissioner cannot issue a permit on an area basis for a Class VI well or permit.
C. Application Required
1. Permit Application. New applicants, permittees, and any person required to have a permit shall
complete, sign, and submit an application to the commissioner as described in this Section.
Docket No. IMD-2021-02; Page 49 of 263
a. the applicant shall submit one signed paper version of the application and an exact duplicate of
the application in an electronic format approved by the commissioner. The commissioner may request
additional paper copies of the application—either in its entirety or in part—as needed.
b. the electronic version of the application shall contain the following certification statement:
This document is an electronic version of the application titled (Insert Document Title) dated (Insert Application Date). This
electronic version is an exact duplicate of the paper copy submitted in (Insert the Number of Volumes Comprising the Full Application)
to the Louisiana Office of Conservation.
c. The applicant shall submit the application identified in §605.C.1 above to the USEPA in an
electronic format approved by the USEPA.
2. Time to Apply. Any person who performs or proposes an underground injection for which a permit
is or will be required shall submit an application to the commissioner.
a. for new Class VI injection wells, a reasonable time before construction is expected to begin.
D. Who Applies. It is the duty of the owner of a facility or activity to submit an application for permit.
When a facility is owned by one person and operated by another, it is the operator's duty to obtain a permit.
E. Signature Requirements. All permit applications shall be signed as follows.
1. Corporations. By a principal executive officer of at least the level of vice-president, or duly
authorized representative of that person if the representative performs similar policy making functions for
the corporation. A person is a duly authorized representative only if:
a. the authorization is made in writing by a principle executive officer of at least the level of vice-
president;
b. the authorization specifies either an individual or position having responsibility for the overall
operation of a sequestration well, such as the position of plant manager, superintendent, or position of
equivalent responsibility. A duly authorized representative may thus be either a named individual or any
individual occupying a named position; and
c. the written authorization is submitted to the Office of Conservation.
2. Limited Liability Company (LLC). By a member if the LLC is member-managed, by a manager if
the LLC is manager-managed, or by a duly authorized representative only if:
a. the authorization is made in writing by an individual who would otherwise have signature
authority as outlined in §605.E.2 above;
b. the authorization specifies either an individual or position having responsibility for the overall
operation of a sequestration well, such as the position of plant manager, superintendent, or position of
equivalent responsibility. A duly authorized representative may thus be either a named individual or any
individual occupying a named position; and
c. the written authorization is submitted to the Office of Conservation.
3. Partnership or Sole Proprietorship. By a general partner or proprietor, respectively; or
4. Public Agency. By either a principal executive officer or a ranking elected official of a municipality,
state, federal, or other public agency.
Docket No. IMD-2021-02; Page 50 of 263
F. Signature Reauthorization. If an authorization under §605.E is no longer accurate because a different
individual or position has responsibility for the overall operation of a sequestration well, a new
authorization satisfying the signature requirements must be submitted to the Office of Conservation before
or concurrent with any reports, information, or applications required to be signed by an authorized
representative.
G. Certification. Any person signing a document under §605.E shall make the following certification on
the application:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.”
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
§607. Application Content
A. The following minimum information required in §607 shall be submitted with a permit application
to construct a new Class VI well or convert any existing well for Class VI service. The applicant shall also
refer to the appropriate application form for any additional information that may be required. For
information already on file with the office of conservation, the commissioner may accept the required
information by reference provided they are current, readily available to the commissioner, and sufficiently
identified to be retrieved.
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. the name and mailing address of the applicant and the physical address of the sequestration well
facility;
4. the operator's name, address, telephone number, and email address;
5. ownership status, and status as federal, state, private, public, or other entity;
6. a brief description of the nature of the business associated with the activity;
7. the activity or activities conducted by the applicant which require the applicant to obtain a permit
under these regulations;
8. up to four SIC Codes which best reflect the principal products or services provided by the facility;
9. a listing of all permits or construction approvals that the applicant has received or applied for
under any of the following programs or 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;
Docket No. IMD-2021-02; Page 51 of 263
b. this or any other Underground Injection Control Program;
c. 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 Permit 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 or documentation of the method by which proof of
financial responsibility will be provided as required in §609.C. Before making a final permit decision, final
(official) documentation of financial responsibility must be submitted to and approved by the Office of
Conservation;
12. names and addresses of all property owners within the area of review of the Class VI well or project.
C. Application Contents: An application submitted to construct a new Class VI well or convert any
existing well to Class VI shall contain the following geological and technical information:
1. Maps and Related Information
a. map(s) showing property boundaries of the facility, the location of the proposed Class VI well,
and the applicable area of review consistent with §§615.B and 615.C. USGS topographic maps with a scale
of 1:24,000 may be used. The map boundaries must extend at least two miles beyond the area of review
and include as applicable:
i. the section, township and range of the area where the activity is located and any parish, city,
municipality, state, and tribal boundaries.
ii. within the area of review, the map(s) must identify all injection wells, producing wells,
abandoned wells, plugged wells or dry holes, deep stratigraphic boreholes, State- or USEPA-approved
subsurface cleanup sites, surface bodies of water, springs, surface and subsurface mines, quarries, water
wells, other pertinent surface features including structures intended for human occupancy, and roads.
iii. only information of public record is required to be included on the map(s), however, the
applicant is required to make a diligent search to locate all wells not listed in the public record.
iv. for water wells on the facility property and adjacent property, submit a tabulation of well depth,
water level, owner, chemical analysis, and other pertinent data. If these wells do not exist, submit this
information for a minimum of three other wells in the area of review or a statement why this information
was not included.
Docket No. IMD-2021-02; Page 52 of 263
v. the protocol followed to identify, locate, and ascertain the condition of all wells within the area
of review that penetrate the injection or confining zone.
b. information on the geologic structure and hydrogeologic properties of the proposed sequestration
site and overlying formations, to include:
i. geologic and topographic maps and cross-sections illustrating regional geology, geologic
structure, and hydrology.
ii. maps and cross-sections to a scale needed to detail the local geology, geologic structure, and
hydrology. The maps and cross-sections must extend at least two miles beyond the area of review;
iii. the location, orientation, and properties of known or suspected faults and fractures that may
transect the confining zone(s) in the area of review and a determination that they would not interfere with
containment;
iv. maps and stratigraphic cross-sections showing the general vertical and lateral limits of all
USDWs, water wells and springs within the area of review, their position relative to the injection zone(s)
and the direction of water movement, if known.
v. in areas with limited subsurface well control or where the subsurface geology is in doubt and
cannot be described adequately, the commissioner may request the applicant to provide geophysical seismic
data of the project area.
c. any other maps required by the commissioner to evaluate the proposed project.
2. Application Technical Information
a. data on the depth, areal extent, thickness, mineralogy, porosity, permeability, and capillary
pressure of the injection and confining zone(s); including geology/facies changes based on field data which
may include geologic cores, outcrop data, seismic surveys, well logs, and names and lithologic descriptions;
b. geomechanical information on fractures, stress, ductility, rock strength, and in situ fluid pressures
within the confining zone(s);
c. information on the region’s seismic history including the presence and depth of seismic sources
and a determination that the seismicity would not interfere with containment; and
d. a tabulation of all wells within the area of review that penetrate the base of the USDW. Such data
must include a description of each well’s type, construction, date drilled, location, depth, record of plugging
and/or completion, and any other information the commissioner may require;
e. baseline geochemical data on subsurface formations, including injection zones, confining zones
and all USDWs in the area of review;
f. proposed operating data:
i. average and maximum daily rate and volume and/or mass and total anticipated volume and/or
mass of the carbon dioxide stream;
ii. average and maximum injection pressure;
iii. source(s) of the carbon dioxide stream; and
iv. analysis of the chemical and physical characteristics of the carbon dioxide stream.
Docket No. IMD-2021-02; Page 53 of 263
g. proposed pre-operational formation testing program to obtain an analysis of the chemical and
physical characteristics of the injection zone(s) and confining zone(s) and that meets the requirements at
§617.B;
h. proposed stimulation program, a description of stimulation fluids to be used and a determination
that stimulation will not interfere with containment;
i. proposed injection operation procedures;
j. schematics or other appropriate drawings of the surface (wellhead and related appurtenances) and
subsurface construction details of the well;
k. injection well construction procedures that meet the requirements of §617.A;
l. proposed area of review and corrective action plan that meets the requirements under §§615.B
and 615.C;
m. demonstration, satisfactory to the commissioner, that the applicant has met the financial
responsibility requirements under §609.C;
n. proposed testing and monitoring plan required by §625;
o. proposed injection well plugging plan required by §631;
p. proposed post-injection site care and site closure plan required by §633.A.3;
q. at the commissioner’s discretion, a demonstration of an alternative post-injection site care
timeframe required by §633.A.3;
r. proposed emergency and remedial response plan required (contingency plans for well failures or
breaches) by §623;
s. a list of contacts, submitted to the commissioner for those states and tribes identified to be within
the area of review based on information provided in §607.C.1.a.i; and
t any additional information required by the commissioner to evaluate the proposed project.
3. The commissioner shall notify in writing, any states or tribes within the area of review based on
information provided by the applicant in §§607.C.1.a.i and 607.C.2.s.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
§609. Legal Permit Conditions
A. Applicability. The rules and regulations of this Section set forth legal conditions for Class VI well
permits. Permits for owners or operators of Class VI injection wells shall include conditions meeting
applicable requirements of §§609, 615, 617, 619, 621, 623, 625, 627, 629, and 631. All conditions
applicable to all permits shall be incorporated into the permits either expressly or by reference. If
incorporated by reference, a specific citation to these regulations must be given in the permit
B. Signatories. All reports required by permits and other information requested by the commissioner
shall be signed as in applications by a person described in §605.D.
C. Financial Responsibility
Docket No. IMD-2021-02; Page 54 of 263
1. The permit shall require the permittee to maintain financial responsibility and resources to close,
plug, and abandon the underground injection wells and, where necessary, related surface facility, and for
post-injection site care and site closure in a manner prescribed by the commissioner. Class VI well operators
must also comply with §609.C.4. The permittee must show evidence of financial responsibility to the
commissioner by the submission of:
a. a certificate of deposit issued in sole favor of the Office of Conservation in a form prescribed by
the commissioner. A certificate of deposit may not be withdrawn, canceled, rolled over or amended in any
manner without the approval of the commissioner;
b. a performance bond (surety bond) in sole favor of the Office of Conservation in a form prescribed
by the commissioner;
c. a letter-of-credit in sole favor of the Office of Conservation in a form prescribed by the
commissioner;
d. site-specific trust account, or
e. any other instrument of financial assurance acceptable to the commissioner.
2. The amount of funds available in the financial instrument shall be no less than the amount identified
in the cost estimate of the closure plan and any required post-injection site care and site closure, and must
be approved by the commissioner.
3. Any financial instrument filed in satisfaction of the financial responsibility requirements shall be
issued by and drawn on a bank or other financial institution authorized under state or federal law to operate
in the State of Louisiana.
4. Class VI well owners, operators, or applicants shall comply with these additional requirements of
financial responsibility:
a. qualifying financial responsibility instruments must be sufficient to cover the cost of meeting the
requirements of:
i. corrective action of §615.C;
ii. injection well plugging of §631;
iii. post-injection site care and site closure of §633; and
iv. emergency and remedial response of §623. The owner/operator shall maintain third party
insurance at a sufficient level to respond to any emergency or to perform any remedial action that meets the
requirements of §623.
b. financial responsibility instruments must be sufficient to address endangerment of underground
sources of drinking water.
c. qualifying financial responsibility instruments must comprise protective conditions of coverage.
Protective conditions of coverage must include at a minimum cancellation, renewal, and continuation
provisions, specifications on when the provider becomes liable following a notice of cancellation if there
is a failure to renew with a new qualifying financial instrument, and requirements for the provider to meet
a minimum rating, minimum capitalization, and ability to pass the bond rating when applicable.
i. Cancellation: an owner or operator must provide that their financial mechanism may not cancel,
terminate or fail to renew except for failure to pay such financial instrument. If there is a failure to pay the
financial instrument, the financial institution may elect to cancel, terminate, or fail to renew the instrument
Docket No. IMD-2021-02; Page 55 of 263
by sending notice by certified mail to the owner or operator and the commissioner. The cancellation must
not be final for 120 days after receipt of the cancellation notice. The owner or operator must provide an
alternate financial responsibility demonstration within 60 days of notice of cancellation, and if an alternate
financial responsibility demonstration is not acceptable or possible, any funds from the instrument being
cancelled must be released within 60 days of notification by the commissioner.
ii. Renewal: owners or operators must renew all financial instruments, if an instrument expires,
for the entire term of the geologic sequestration project. The instrument may be automatically renewed as
long as the owner or operator has the option of renewal at the face amount of the expiring instrument. The
automatic renewal of the instrument must, at a minimum, provide the holder with the option of renewal at
the face amount of the expiring financial instrument.
iii. cancellation, termination, or failure to renew may not occur and the financial instrument will
remain in full force and effect in the event that on or before the date of expiration the commissioner deems
the facility abandoned; or the permit is terminated or revoked or a new permit is denied; or closure is ordered
by the commissioner or a court of competent jurisdiction; or the owner or operator is named as debtor in a
voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or the amount due is paid.
d. qualifying financial responsibility instruments must be approved by the commissioner.
i. the commissioner shall consider and approve the financial responsibility demonstration for all
the phases of the geologic sequestration project before issuing any authorization to begin geologic
sequestration of carbon dioxide in a Class VI well.
ii. the owner or operator must provide any updated information related to their financial
responsibility instrument(s) annually and if there are any changes, the commissioner must evaluate the
financial responsibility demonstration to confirm that the instrument(s) used remain adequate. The owner
or operator must maintain financial responsibility requirements regardless of the status of the
commissioner's review of the financial responsibility demonstration.
iii. the commissioner may disapprove the use of a financial instrument if he determines it is not
sufficient to meet the financial responsibility requirements.
e. The owner or operator may demonstrate financial responsibility by using one or multiple
qualifying financial instruments for specific phases of the geologic sequestration project.
i. In the event that the owner or operator combines more than one instrument for a specific
geologic sequestration phase (e.g., well plugging), such combination must be limited to instruments that
are not based on financial strength or performance, for example trust funds, certificates of deposit, surety
bonds guaranteeing payment into a trust fund, and letters of credit. In this case, it is the combination of
mechanisms, rather than the single mechanism, which must provide financial responsibility for an amount
at least equal to the current cost estimate.f. the requirement to maintain adequate financial
responsibility and resources is directly enforceable regardless of whether the requirement is a condition of
the permit. The owner or operator must maintain financial responsibility and resources until:
i. the commissioner receives and approves the completed post-injection site care and site closure
plan; and
ii. the commissioner approves site closure.
g. the owner or operator may be released from a financial instrument in the following circumstances:
i. the owner or operator has completed the phase of the geologic sequestration project for which
the financial instrument was required and has fulfilled all its financial obligations as determined by the
Docket No. IMD-2021-02; Page 56 of 263
commissioner, including obtaining financial responsibility for the next phase of the geologic sequestration
project, if required; or
ii. the owner or operator has submitted a replacement financial instrument and received written
approval from the commissioner accepting the new financial instrument and releasing the owner or operator
from the previous financial instrument.
h. the owner or operator must have a detailed written estimate, in current dollars, of the cost of
performing corrective action on wells in the area of review, plugging the injection well(s), post-injection
site care and site closure, and emergency and remedial response.
i. the cost estimate must be performed for each phase separately and must be based on the costs
to the Office of Conservation of contracting a third party to perform the required activities. A third party is
a party who is not within the corporate structure of the owner or operator.
ii. during the active life of the geologic sequestration project, the owner or operator must adjust
the cost estimate for inflation within 60 days before the anniversary date of the establishment of the financial
instrument(s) and provide this adjustment to the commissioner. The owner or operator must also provide
the commissioner written updates of adjustments to the cost estimate within 60 days of any amendments to
the area of review and corrective action plan, the injection well plugging plan, the post-injection site care
and site closure plan, and the emergency and remedial response plan.
iii. the commissioner must approve any decrease or increase to the initial cost estimate. During the
active life of the geologic sequestration project, the owner or operator must revise the cost estimate no later
than 60 days after the commissioner has approved the request to modify the area of review and corrective
action plan, the injection well plugging plan, the post-injection site care and site closure plan, and the
emergency and response plan, if the change in the plan increases the cost. If the change to the plans
decreases the cost, any withdrawal of funds must be approved by the commissioner. Any decrease to the
value of the financial assurance instrument must first be approved by the commissioner. The revised cost
estimate must be adjusted for inflation as specified at §609.C.4.h.ii. above.
iv. whenever the current cost estimate increases to an amount greater than the face amount of a
financial instrument currently in use, the owner or operator, within 60 days after the increase, must either
cause the face amount to be increased to an amount at least equal to the current cost estimate and submit
evidence of such increase to the commissioner, or obtain other financial responsibility instruments to cover
the increase. Whenever the current cost estimate decreases, the face amount of the financial assurance
instrument may be reduced to the amount of the current cost estimate only after the owner or operator has
received written approval from the commissioner.
i. the owner or operator must notify the commissioner by certified mail of adverse financial
conditions such as bankruptcy that may affect the ability to carry out injection well plugging and post-
injection site care and site closure.
i. in the event that the owner or operator or the third party provider of a financial responsibility
instrument is going through a bankruptcy, the owner or operator must notify the commissioner by certified
mail of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S.
Code, naming the owner or operator as debtor, within 10 days after commencement of the proceeding.
ii. an owner or operator who fulfills the financial responsibility requirements by obtaining an
approved instrument of financial assurance will be deemed to be without the required financial assurance
in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority
Docket No. IMD-2021-02; Page 57 of 263
of the trustee institution to act as trustee of the institution issuing the financial assurance instrument. The
owner or operator must establish other financial assurance within 60 days after such an event.
j. the owner or operator must provide the commissioner with an adjustment of the cost estimate within
60 days of notification by the commissioner, if the commissioner determines during the annual evaluation
of the qualifying financial responsibility instrument(s) that the most recent demonstration is no longer
adequate to cover the cost of corrective action, injection well plugging, post-injection site care and site
closure, and emergency and remedial response.
k. the commissioner must approve the use and length of pay-in-periods for trust funds or escrow
accounts.
5. The permit shall require the permittee to maintain financial responsibility as specified at §609.C.1
until:
a. the well has been plugged and abandoned in accordance with an approved plugging and
abandonment plan pursuant to §631 and submitted a plugging and abandonment report pursuant to
§631.A.5;
b. the well has been converted in compliance with the requirements of §609.L.7;or
c. the transferor of a permit has received notice from the commissioner that the owner or operator
receiving transfer of the permit, the new permittee, has demonstrated financial responsibility for the well.D.
Duty to Comply. The permittee must comply with all conditions of a permit. Any permit noncompliance
constitutes a violation of the act and is grounds for enforcement action or permit termination, revocation
and reissuance, or modification; or for denial of a permit renewal application if the commissioner
determines that such noncompliance endangers underground sources of drinking water.
E. Duty to Reapply. If the permittee wishes to continue an activity regulated by a permit after the
expiration date of this permit, the permittee must apply for and obtain a new permit.
F. Duty to Halt or Reduce Activity. It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance
with the conditions of this permit.
G. Duty to Mitigate. The permittee shall take all reasonable steps to minimize or correct any adverse
impact on the environment such as the contamination of underground sources of drinking water resulting
from noncompliance with this permit.
H. Proper Operation and Maintenance. The permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related appurtenances) which are installed or used by
the permittee to achieve compliance with the conditions of his permit. Proper operation and maintenance
includes effective performance, adequate funding, adequate operation staffing and training, and adequate
laboratory process controls, including appropriate quality assurance procedures. This provision requires the
operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance
with the conditions of the permit.
I. Inspection and Entry. Inspection and entry shall be allowed as prescribed in R.S. of 1950, Title 30,
Section 4.
J. Compliance. Compliance with a permit during its term constitutes compliance, for purposes of
enforcement, with the act and these regulations.
Docket No. IMD-2021-02; Page 58 of 263
K. Property Rights. The issuance of a permit does not convey any property rights of any sort, or any
exclusive privilege or servitude.
L. Notification Requirements
1. Planned Changes. The permittee shall give notice to the commissioner as soon as possible of any
planned physical alterations or additions to the permitted facility.
2. Notice of Well Completion. A new injection well injection well may not commence injection until
construction is complete, a notice of completion has been submitted to the commissioner, the commissioner
has inspected or otherwise reviewed the injection well and finds it is in compliance with the conditions of
the permit, and the commissioner has given approval to begin injection.
3. Anticipated Noncompliance. The permittee shall give advance notice to the commissioner of any
planned changes in the permitted facility or activity which may result in noncompliance with permit
requirements.
4. Transfers. A permit is not transferable to any person except after notice to the commissioner. The
commissioner may require modification or revocation and reissuance of the permit to change the name of
the permittee and incorporate such other requirements as may be necessary under the Safe Drinking Water
Act. (See §613.)
5. Compliance Schedules. Report of compliance or noncompliance with, or any progress reports on,
interim and final requirements contained in any compliance schedule in these regulations shall be submitted
to the commissioner no later than 14 days following each schedule date.
6. Twenty-Four Hour Reporting
a. The permittee shall report to the commissioner any noncompliance which may endanger health
or the environment. Any information pertinent to the noncompliance shall be reported by telephone at (225)
342-5515 within 24 hours from the time the permittee becomes aware of the circumstances. A written
submission shall also be provided within five days of the time the permittee becomes aware of the
circumstances and shall contain a description of the noncompliance and its cause; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the non-compliance.
b. The following additional information must be reported within the 24-hour period provided above:
i. any monitoring or other information which indicates that any contaminant may cause an
endangerment to a USDW;
ii. any noncompliance with a permit condition or malfunction of the injection system which may
cause fluid migration into or between USDWs.
7. The permittee shall notify the commissioner at such times as the permit requires before conversion
or abandonment of the well or before closure of the project.
8. Other Noncompliance. The permittee shall report all instances of noncompliance not reported under
§§609.L.5 and 609.L.6, at the time quarterly reports are submitted. The reports shall contain the information
listed in §609.L.6.
9. Other Information. Where the permittee becomes aware that it failed to submit any relevant facts
in a permit application, or submitted incorrect information in a permit application or in any report to the
commissioner, it shall promptly submit such facts or information.
Docket No. IMD-2021-02; Page 59 of 263
M. Duration of Permits
1. UIC permits for Class VI wells shall be issued for the operating life of the facility and the post-
injection site care period. The commissioner shall review each issued Class VI well permit at least once
every five years to determine whether it should be modified, revoked and reissued, terminated, or a minor
modification made.
2. The term of a permit shall not be extended by modification beyond the maximum duration specified
in this Section, except as provided in §609.M.4 below.
3. The commissioner may issue, for cause, any permit for a duration that is less than the full allowable
term under this Section.
4. The conditions of an expired permit may continue in force until the effective date of a new permit
if the permittee has submitted a timely and a complete application for a new permit, and the commissioner,
through no fault of the permittee, does not issue a new permit with an effective date on or before the
expiration date of the previous permit (e.g., when issuance is impracticable due to time or resource
constraints).
a. Permits continued under this Section remain fully effective and enforceable.
b. When the permittee is not in compliance with the conditions of the expiring or expired permit,
the commissioner may choose to do any or all of the following:
i. initiate enforcement action based upon the permit which has been continued;
ii. issue a notice of intent to deny the new permit. If the permit is denied, the owner or operator
would then be required to cease the activities authorized by the continued permit or be subject to
enforcement action for operating without a permit;
iii. issue a new permit under the requirements of these rules for issuing a new permit with
appropriate conditions; or
iv. take other actions authorized by these regulations.
N. Schedules of Compliance. The permit may, when appropriate, specify a schedule of compliance
leading to compliance with the act and these regulations.
1. Time for Compliance. Any schedules of compliance under this Section shall require compliance as
soon as possible but not later than three years after the effective date of the permit.
2. Interim Dates. Except as provided in §609N.2.b, if a permit establishes a schedule of compliance
which exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements
and the dates for their achievement.
a. The time between interim dates shall not exceed one year.
b. If the time necessary for completion of any interim requirements (such as the construction of a
control facility) is more than one year and is not readily divisible into stages for completion, the permit
shall specify interim dates for submission of reports of progress toward completion of the interim
requirements and indicate a projected completion date.
3. Reporting. The permit shall be written to require that progress reports be submitted no later than
30 days following each interim date and the final date of compliance.
O. Additional Conditions. The commissioner shall impose on a case-by-case basis such additional
conditions as are necessary to protect underground sources of drinking water.
Docket No. IMD-2021-02; Page 60 of 263
P. Duty to Establish and Maintain Mechanical Integrity. The permittee of a Class VI injection well shall
establish mechanical integrity prior to commencing injection and on a schedule determined by these rules
or the commissioner. Thereafter, the owner or operator of Class VI injection wells must maintain
mechanical integrity as defined in §627. The Class VI injection well owner or operator shall give notice to
the commissioner when it is determined the injection well is lacking mechanical integrity. Upon receiving
such notice, the operator shall immediately cease injection into the well. The well shall remain out of
injection service until such time as well mechanical integrity is restored to the satisfaction of the
commissioner. The owner or operator may resume injection upon written notification from the Director that
the owner or operator has demonstrated mechanical integrity pursuant to §627.
Q. The issuance of a permit does not authorize any injury to persons or property or invasion of other
private rights, or any infringement of State or local law or regulations.
R. In addition to conditions required in all permits the commissioner shall establish conditions in permits
as required on a case-by-case basis, to provide for and assure compliance with all applicable requirements
of the SDWA and 40 CFR Parts 144, 145, 146 and 124.
S. New permits, and to the extent allowed under §613 modified or revoked and reissued permits, shall
incorporate each of the applicable requirements referenced in this section. An applicable requirement is a
State statutory or regulatory requirement that takes effect prior to final administrative disposition of the
permit. An applicable requirement is also any requirement that takes effect prior to the modification or
revocation and reissuance of a permit, to the extent allowed in §613.
T. Incorporation. All permit conditions shall be incorporated either expressly or by reference. If
incorporated by reference, a specific citation to the applicable regulations or requirements must be given in
the permit.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
§611. 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 §605.
2. Check for 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
completeness by the commissioner and the applicant will be notified of the commissioner's decision within
30 days of its receipt. Each application for a permit submitted for an existing injection well will be reviewed
for completeness and the applicant will be notified of the commissioner's decision within 60 days of receipt.
Upon completing the review, the commissioner shall notify the applicant in writing whether the application
is complete.
Docket No. IMD-2021-02; Page 61 of 263
3. Incomplete Applications
a. If the application is incomplete, the commissioner shall list in the notification in §611.B.2.b
above, the information necessary to make the application 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.
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 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 §611.G.1.
3. If the commissioner prepares a draft permit, it shall contain the following information where
appropriate:
a. all conditions under §§609, 615, 617, 619, 621, 623, 625, 627, 629, and 631;
b. all compliance schedules under §609.N; and
c. all monitoring requirements under applicable Paragraphs in §625.
4. All draft permits prepared under this Section may be accompanied by a fact sheet pursuant to
§611.D, and shall be publicly noticed in accordance with §611.E, and made available for public comment
pursuant to §611.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;
Docket No. IMD-2021-02; Page 62 of 263
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 §611.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 §§611.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 §611.C; and
ii. a hearing has been scheduled under §611.G.
b. No public notice is required when a request for permit modification, revocation and reissuance,
or termination is denied under §613. 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 §611.E.1 shall allow 30 days for
public comment.
b. Public notice of a public hearing shall be given 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 §611.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
Docket No. IMD-2021-02; Page 63 of 263
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 §611.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 §611.E.4.a, the
public notice of a hearing under §611.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.
Docket No. IMD-2021-02; Page 64 of 263
F. Public Comments and Requests for Public Hearings. During the public comment period provided
under §611.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 §611.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 §611.G.
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 §611.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 §611.G on a draft
permit, the commissioner shall issue a final permit decision within 30 days. The commissioner shall notify
the applicant and each person who has submitted written comments or requested notice of the final permit
decision.
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.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
Docket No. IMD-2021-02; Page 65 of 263
§613 Permit Modification, Revocation and Reissuance, Termination, Transfer or Renewal
A. Applicability. The rules of this Section set forth the standards and requirements for applications and
actions concerning modification, revocation and reissuance, termination, transfer and renewal of permits.
B. Permit Actions
1. The permit may be modified, revoked and reissued, or terminated for cause. The filing of a request
by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of
planned changes or anticipated noncompliance, does not stay any permit condition.
2. The permittee shall furnish to the commissioner, within 30 days, any information which the
commissioner may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating a permit, or to determine compliance with the permit. The permittee shall also furnish to the
commissioner, upon request, copies of records required to be kept by the permit.
3. The commissioner may, upon his own initiative or at the request of any interested person, review
any permit to determine if cause exists to modify, revoke and reissue, or terminate the permit for the reasons
specified in §§613.C, D, and E. All requests shall be in writing and shall contain facts or reasons supporting
the request.
4. If the commissioner decides the request is not justified, he shall send the person making the request
a brief written response giving a reason for the decision. Denials of requests for modification, revocation
and reissuance, or termination are not subject to public notice, comment, or hearings.
5. If the commissioner decides to modify or revoke and reissue a permit under §§613.C, D, and E, he
shall prepare a draft permit under §611.C incorporating the proposed changes. When a permit is modified,
the entire permit is reopened and is subject to revision. The commissioner may request additional
information and, in the case of a modified permit, may require the submission of an updated permit
application. In the case of revoked and reissued permits, the commissioner shall require, if necessary, the
submission of a new application.
6. In a permit modification under this section, only those conditions to be modified shall be reopened
when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the
duration of the unmodified permit. When a permit is revoked and reissued under this section, the entire
permit is reopened just as if the permit had expired and was being reissued. During any revocation and
reissuance proceeding the permittee shall comply with all conditions of the existing permit until a new final
permit is reissued.
C. Modification or Revocation and Reissuance of Permits
1. The following are causes for modification and may be causes for revocation and reissuance of
permits.
a. Alterations. There are material and substantial alterations or additions to the permitted facility or
activity which occurred after permit issuance which justify the application of permit conditions that are
different or absent in the existing permit.
b. Information. The commissioner has received information pertinent to the permit that would have
justified the application of different permit conditions at the time of issuance.
c. New Regulations
Docket No. IMD-2021-02; Page 66 of 263
i. The standards or regulations on which the permit was based have been changed by
promulgation of amended standards or regulations or by judicial decision after the permit was issued.
Permits for Class VI wells may be modified during their terms when:
(a). the permit condition requested to be modified was based on a promulgated regulation or
guideline;
(b). there has been a revision, withdrawal, or modification of that portion of the regulation or
guideline on which the permit condition was based; and
(c). a permittee requests modification within 90 days after Louisiana Register notice of the action
on which the request is based.
ii. When standards or regulations on which the permit was based have been changed by
withdrawal of standards or regulations or by promulgation of amended standards or regulations which
impose less stringent requirements on the permitted activity or facility and the permittee requests to have
permit conditions based on the withdrawn or revised standards or regulations deleted from his permit.
iii. For judicial decisions, a court of competent jurisdiction has remanded and stayed Office of
Conservation regulations or guidelines and all appeals have been exhausted, if the remand and stay concern
that portion of the regulations or guidelines on which the permit condition was based and a request is filed
by the permittee to have permit conditions based on the remanded or stayed standards or regulations deleted
from his permit.
d. Compliance Schedules. The commissioner determines good cause exists for modification of a
compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which
the permittee has little or no control and for which there is no reasonable available remedy.
e. Additional Modification of Class VI Permits. For Class VI wells, whenever the commissioner
determines that permit changes are necessary based on:
i. area of review reevaluations under §615.C.2;
ii. any amendments to the testing and monitoring plan under §625.A.10;
iii. any amendments to the injection well plugging plan under §631.A.3;
iv. any amendments to the post-injection site care and site closure plan under §633.A.1.c;
v. any amendments to the emergency and remedial response plan under §625.A.4; or
vi. a review of monitoring and testing results conducted in accordance with permit requirements.
2. Causes for modification or revocation and reissuance. The following are causes to modify or,
alternatively, revoke and reissue a permit:
a. cause exists for termination under §613.E, and the commissioner determines that modification or
revocation and reissuance is appropriate;
b. the commissioner has received notification of a proposed transfer of the permit and the transfer
is determined not to be a minor modification (see §613.D.4). A permit may be modified to reflect a transfer
after the effective date (§613.F.2.b) but will not be revoked and reissued after the effective date except upon
the request of the new permittee; or
c. a determination that the waste being injected is a hazardous waste as defined in §601 either
because the definition has been revised, or because a previous determination has been changed; or
Docket No. IMD-2021-02; Page 67 of 263
d. to incorporate such other requirements as may be necessary under the Safe Drinking Water Act.
3. Facility Siting. Suitability of an existing facility location will not be considered at the time of permit
modification or revocation and reissuance unless new information or standards indicate that continued
operations at the site pose a threat to the health or safety of persons or the environment which was unknown
at the time of permit issuance. A change of injection site or facility location may require modification or
revocation and issuance as determined to be appropriate by the commissioner.
4. If a permit modification satisfies the criteria of this Section, a draft permit must be prepared and
other applicable procedures must be followed.
D. Minor Modifications of Permits. Upon the consent of the permittee, the commissioner may modify a
permit to make the corrections or allowances for changes in the permitted activity listed in this Section
without issuing a draft permit and providing for public comment. Minor modifications may only:
1. correct typographical errors;
2. require more frequent monitoring or reporting by the permittee;
3. change an interim compliance date in a schedule of compliance, provided the new date is not more
than 120 days after the date specified in the existing permit and does not interfere with attainment of the
final compliance date requirement;
4. allow for a change in ownership or operational control of a facility where the commissioner
determines that no other change in the permit is necessary, provided that a written agreement containing a
specific date for transfer of permit responsibility, coverage, and liability between the current and new
permittees has been submitted to the commissioner (see §613.F);
5. change quantities or types of fluids injected which are within the capacity of the facility as permitted
and, in the judgment of the commissioner, would not interfere with the operation of the facility or its ability
to meet conditions prescribed in the permit, and would not change its classification;
6. change construction requirements or plans approved by the commissioner provided that any such
alteration shall comply with the requirements of this Section and §617. No such changes may be physically
incorporated into construction of the well prior to approval; or
7. amend a Class VI injection well testing and monitoring plan, plugging plan, post-injection site care
and site closure plan, or emergency and remedial response plan where the modifications merely clarify or
correct the plan, as determined by the commissioner.
E. Termination of Permits
1. The commissioner may terminate a permit during its term for the following causes:
a. noncompliance by the permittee with any condition of the permit;
b. the permittee's failure in the application or during the permit issuance process to disclose fully
all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or
c. a determination that the permitted activity endangers the health or safety of persons or the
environment which activity cannot be regulated to acceptable levels by permit modification and can only
be regulated to acceptable levels by permit termination.
2. If the commissioner decides to terminate a permit, he shall issue a notice of intent to terminate. A
notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit
prepared under §611.C.
Docket No. IMD-2021-02; Page 68 of 263
3. The commissioner may alternatively decide to modify or revoke and reissue a permit for the causes
in §613.E.1 (see §613.C.2.a).
F. Transfers of Permits
1. A permit may be transferred to a new owner or operator upon approval by the commissioner.
2. The current permittee shall submit an application for transfer at least 30 days before the proposed
transfer date. The application shall contain the following:
a. name and address of the transferee;
b. date of proposed transfer; and
c. a written agreement between the existing and new permittees containing a specific date for
transfer of permit responsibility, coverage and liability between them. The agreement should also
demonstrate to the satisfaction of the commissioner that the financial responsibility requirements of §609.C
will be met by the new permittee.
3. If the commissioner does not notify the existing permittee and the proposed new permittee of his
intent to modify or revoke and reissue the permit under §613.C.2.b the transfer is effective on the date
specified in the agreement mentioned in §613.F.2.c.
4. If no agreement described in §613.F.2.c is provided, responsibility for compliance with the terms
and conditions of the permit and liability for any violation will shift from the existing permittee to the new
permittee on the date the transfer is approved.
5. If a person attempting to acquire a permit causes or allows operation of the facility before approval
by the commissioner, it shall be considered a violation of these rules for operating without a permit or other
authorization.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
§615. Siting Criteria, AOR, and Corrective Action
A. Minimum Criteria for Siting. Applicants, owners, or operators of Class VI wells must demonstrate to
the satisfaction of the commissioner that the wells will be sited in areas with a suitable geologic system.
The demonstration must show that the geologic system comprises:
1. an injection zone of sufficient areal extent, thickness, porosity, and permeability to receive the total
anticipated volume of the carbon dioxide stream;
2. confining zone(s) free of transmissive faults or fractures and of sufficient areal extent and integrity
to contain the injected carbon dioxide stream and displaced formation fluids, and allow injection at
proposed maximum pressures and volumes without initiating or propagating fractures in the confining
zone(s).
a. The commissioner may require owners or operators of Class VI wells to identify and characterize
additional zones that will impede vertical fluid movement, are free of faults and fractures that may interfere
with containment, allow for pressure dissipation, and provide additional opportunities for monitoring,
mitigation, and remediation.
Docket No. IMD-2021-02; Page 69 of 263
B. Area of Review (AOR)
1. The area of review is the region surrounding the geologic sequestration project where USDWs may
be endangered by the injection activity. The area of review is delineated using computational modeling that
accounts for the physical and chemical properties of all phases of the injected carbon dioxide stream and is
based on available site characterization, monitoring, and operational data.
2. The owner or operator of a Class VI well must prepare, maintain, and comply with a plan to
delineate the area of review for the proposed geologic sequestration project, periodically reevaluate the
delineation, and perform corrective action that meets the requirements of these regulations and is acceptable
to the commissioner. The requirement to maintain and implement an approved plan is directly enforceable
regardless of whether the requirement is a condition of the permit. As a part of the permit application, the
owner or operator must submit an area of review and corrective action plan that includes the following
information:
a. the method for delineating the area of review that meets the requirements of §615.B.3, including
the model to be used, assumptions that will be made, and the site characterization data on which the model
will be based;
b. a description of:
i. the minimum fixed frequency—not to exceed five years—at which the owner or operator
proposes to reevaluate the area of review;
ii. the monitoring and operational conditions that would warrant a reevaluation of the area of
review prior to the next scheduled reevaluation as determined by the minimum fixed frequency established
in §615.B.2.b.i.
iii. how monitoring and operational data (e.g., injection rate and pressure) will be used to inform
an area of review reevaluation; and
iv. how corrective action will be conducted to meet the requirements of §615.C, including what
corrective action will be performed prior to injection and what, if any, portions of the area of review the
operator proposes to have corrective action addressed on a phased basis and how the phasing will be
determined; how corrective action will be adjusted if there are changes in the area of review; and how site
access will be guaranteed for future corrective action.
3. Area of Review Boundary Delineation. Owners or operators of Class VI wells must perform the
following actions to delineate the area of review and identify all wells that require corrective action:
a. predict, using existing site characterization, monitoring and operational data, and computational
modeling, the projected lateral and vertical migration of the carbon dioxide plume and formation fluids in
the subsurface from the commencement of injection activities until the plume movement ceases, until
pressure differentials sufficient to cause the movement of injected fluids or formation fluids into a USDW
are no longer present, or until the end of a fixed time period as determined by the commissioner. The model
must:
i. be based on detailed geologic data collected to characterize the injection zone(s), confining
zone(s) and any additional zones; and anticipated operating data, including injection pressures, rates, and
total volumes over the proposed life of the geologic sequestration project;
ii. take into account any geologic heterogeneities, other discontinuities, data quality, and their
possible impact on model predictions; and
Docket No. IMD-2021-02; Page 70 of 263
iii. consider potential migration through faults, fractures, and artificial penetrations.
b. using methods approved by the commissioner, the owner or operator shall at a minimum, identify
all penetrations, including active and abandoned wells and underground mines, in the area of review that
penetrate the confining and injection zone(s). (See §603.H.4.) Provide a description of each well’s type,
construction, date drilled, location, depth, record of plugging and/or completion, and any additional
information the commissioner may require; and
c. determine which abandoned wells in the area of review have been plugged in a manner that
prevents the movement of carbon dioxide or other fluids that may endanger USDWs, including use of
materials compatible with the carbon dioxide stream.
C. Corrective Action
1. Owners or operators of Class VI wells must perform corrective action on all wells in the area of
review that are determined to need corrective action, using methods designed to prevent the movement of
fluid into or between USDWs, including use of materials compatible with the carbon dioxide stream, where
appropriate.
2. At the minimum fixed frequency—not to exceed five years—as specified in the area of review and
corrective action plan, or when monitoring and operational conditions warrant, owners or operators must:
a. reevaluate the area of review in the same manner specified in §615.B.3.a;
b. identify all wells in the reevaluated area of review that require corrective action in the same
manner specified in §615.B.3;
c. perform corrective action on wells requiring corrective action in the reevaluated area of review
in the same manner specified in §615.C.1; and
d. submit an amended area of review and corrective action plan or demonstrate to the commissioner
through monitoring data and modeling results that no amendment to the area of review and corrective action
plan is needed. Any amendments to the area of review and corrective action plan must be approved by the
commissioner, must be incorporated into the permit, and are subject to the permit modification requirements
at §613, as appropriate.
3. The emergency and remedial response plan (as required by §623) and the demonstration of financial
responsibility (as described by §609.C must account for the area of review delineated as specified in
§615.B.3.a or the most recently evaluated area of review delineated under §615.C.2, regardless of whether
or not corrective action in the area of review is phased.
4. All modeling inputs and data used to support area of review reevaluations under §615.C.2 shall be
retained for at least 10 years.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
§617. Well Construction and Completion
A. Injection Well Construction Requirements
1. General. All phases of Class VI well construction shall be supervised by a person knowledgeable
and experienced in practical drilling engineering and is familiar with the special conditions and
Docket No. IMD-2021-02; Page 71 of 263
requirements of injection well construction. All materials and equipment used in the construction of the
well and related appurtenances shall be designed and manufactured to exceed the operating requirements
of the specific project, including flow induced vibrations. The owner or operator must ensure that all wells
are constructed and completed to:
a. prevent the movement of fluids into or between USDWs or into any unauthorized zones;
b. allow the use of appropriate testing devices and workover tools; and
c. allow for continuous monitoring of the annulus space between the injection tubing and long string
casing.
2. Casing and Cementing of Class VI Wells
a. Casing and cement or other materials used in the construction of each Class VI well must have
sufficient structural strength and be designed for the life of the geologic sequestration project. All well
materials must be compatible with fluids that the materials may be expected to come into contact and must
meet or exceed standards developed for such materials by the American Petroleum Institute, ASTM
International, or comparable standards acceptable to the commissioner. The casing and cementing program
must be designed to prevent the movement of fluids into or between USDWs. In order to allow the
commissioner to evaluate casing and cementing requirements, the owner or operator must provide the
following information:
i. depth to the injection zone(s);
ii. injection pressure, external pressure, internal pressure, and axial loading;
iii. hole size;
iv. size and grade of all casing strings (wall thickness, external diameter, nominal weight, length,
joint specification, and construction material);
v. corrosiveness of the carbon dioxide stream and formation fluids;
vi. down-hole temperatures;
vii. lithology of injection and confining zone(s);
viii. type or grade of cement and cement additives including slurry weight (lb/gal) and yield (cu.
ft./sack); and
ix. quantity, chemical composition, and temperature of the carbon dioxide stream.
b. The surface casing of any Class VI well must extend into a confining bed—such as a shale—
below the base of the deepest formation containing a USDW. The casing shall be cemented with a sufficient
volume of cement to circulate cement from the casing shoe to the surface. The commissioner will not grant
an exception or variance to the surface casing setting depth.
c. At least one long string casing, using a sufficient number of centralizers, shall be utilized in the
well. If the casing is to be perforated for injection, then the approved casing shall extend through the base
of the injection zone. If an approved alternate construction method is used, such as the setting of a screen,
the casing shall be set to the top of the injection interval. Regardless of the construction method utilized,
the casings shall be cemented by circulating cement from the casing shoe to the surface in one or more
stages.
d. Circulation of cement may be accomplished by staging. Circulated to the surface shall mean that
actual cement returns to the surface were observed during the primary cementing operation. A copy of the
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cementing company’s job summary or cementing tickets indicating returns to the surface shall be submitted
as part of the pre-operating requirements.
i. The commissioner may approve an alternative method of cementing in cases where the cement
cannot be circulated to the surface. If cement returns are lost during cementing, the owner or operator shall
have the burden of showing—using wireline logs—that sufficient cement isolation is present to prevent the
movement of fluid behind the well casing.
ii. Remedial cementing shall be done before proceeding with further well construction,
completion, or conversion if adequate cement isolation of the USDW or the injection zone within the
casing-formation annulus cannot be demonstrated.
e. Cement and cement additives must be compatible with the carbon dioxide stream and formation
fluids and of sufficient quality and quantity to maintain integrity over the design life of the geologic
sequestration project. The integrity and location of the cement shall be verified using technology capable
of evaluating cement quality radially and identifying the location of channels to ensure that USDWs are not
endangered.
3. Casing and Casing Seat Tests. The owner or operator shall monitor and record the tests using a
surface readout pressure gauge and a chart or a digital recorder. All instruments shall be calibrated properly
and in good working order. If there is a failure of the required tests, the owner or operator shall take
necessary corrective action to obtain a passing test.
a. Casing. After cementing each casing, but before drilling out the respective casing shoe, all casings
shall be hydrostatically pressure tested to verify casing integrity and the absence of leaks. For surface
casing, the stabilized test pressure applied at the surface shall be a minimum of 500 pounds per square inch
gauge (PSIG). The stabilized test pressure applied at the surface for all other casings shall be a minimum
of 1,000 PSIG. All casing test pressures shall be maintained for one hour after stabilization. Allowable
pressure loss is limited to five percent of the test pressure over the stabilized test duration.
i. Casing test pressures shall never exceed the rated burst or collapse pressures of the respective
casings.
b. Casing Seat. The casing seat and cement of any intermediate and injection casings shall be
hydrostatically pressure tested after drilling out the casing shoe. At least 10 feet of formation below the
respective casing shoes shall be drilled before the test. The test pressure applied at the surface shall be a
minimum of 1,000 PSIG. The test pressure shall be maintained for one hour after pressure stabilization.
Allowable pressure loss is limited to five percent of the test pressure over the stabilized test duration.
i. Casing seat test pressures shall never exceed the known or calculated fracture gradient of the
appropriate subsurface formation.
4. Tubing and Packer
a. Tubing and packer materials used in the construction of each Class VI well must be compatible
with fluids that the materials may be expected to come into contact and must meet or exceed standards
developed for such materials by the American Petroleum Institute, ASTM International, or comparable
standards acceptable to the commissioner.
b. Injection into a Class VI well must be through tubing with a packer set at a depth opposite an
interval of cemented casing at a location approved by the commissioner.
c. In order for the commissioner to determine and specify requirements for tubing and packer, the
owner or operator must submit the following information:
Docket No. IMD-2021-02; Page 73 of 263
i. depth of setting;
ii. characteristics of the carbon dioxide stream (chemical content, corrosiveness, temperature, and
density) and formation fluids;
iii. maximum proposed injection pressure;
iv. maximum proposed annular pressure;
v. proposed injection rate (intermittent or continuous) and volume and/or mass of the carbon
dioxide stream;
vi. size of tubing and casing; and
vii. tubing tensile, burst, and collapse strengths.
B. Logging, Sampling, and Testing Prior to Injection Well Operation
1. During the drilling and construction of a Class VI well, appropriate logs, surveys and tests must be
run to determine or verify the depth, thickness, porosity, permeability, and lithology of, and the salinity of
formation fluids in all relevant geologic formations to ensure conformance with the injection well
construction requirements of §617 and to establish accurate baseline data against which future
measurements may be compared. The well operator must submit to the commissioner a descriptive report
prepared by a knowledgeable log analyst that includes an interpretation of the results of such logs and tests.
At a minimum, such logs and tests must include:
a. deviation checks during drilling of all boreholes constructed by drilling a pilot hole, which is
enlarged by reaming or another method. Such checks must be at sufficiently frequent intervals to determine
the location of the borehole and to ensure that vertical avenues for fluid movement in the form of diverging
holes are not created during drilling;
b. before and upon installation of the surface casing:
i. resistivity, gamma-ray, spontaneous potential, and caliper logs before the casing is installed;
and
ii. a cement bond and variable density log to evaluate cement quality radially, and a temperature
log after the casing is set and cemented.
c. before and upon installation of intermediate and long string casing:
i. resistivity, gamma-ray, spontaneous potential, porosity, caliper, fracture finder logs, and any
other logs the commissioner requires for the given geology before the casing is installed; and
ii. a cement bond and variable density log, and a temperature log after the casing is set and
cemented.
d. a series of tests designed to demonstrate the internal and external mechanical integrity of injection
wells, which may include:
i. a pressure test with liquid or gas;
ii. a tracer-type survey to detect fluid movement behind casing such as a radioactive tracer or
oxygen-activation logging, or similar tool;
iii. a temperature or noise log;
iv. a casing inspection log.
Docket No. IMD-2021-02; Page 74 of 263
e. any alternative methods that provide equivalent or better information and that are required by and
approved by the commissioner.
2. The owner or operator must take whole cores or sidewall cores of the injection zone and confining
system and formation fluid samples from the injection zone(s), and must submit to the commissioner a
detailed report prepared by a log analyst that includes: well log analyses (including well logs), core analyses,
and formation fluid sample information. The commissioner may accept information on cores from nearby
wells if the owner or operator can demonstrate that core retrieval is not possible and that such cores are
representative of conditions at the well. The commissioner may require the owner or operator to core other
formations in the borehole.
3. The owner or operator must record the fluid temperature, pH, conductivity, reservoir pressure, and
static fluid level of the injection zone(s).
4. At a minimum, the owner or operator must determine or calculate the following information
concerning the injection and confining zone(s):
a. fracture pressure;
b. other physical and chemical characteristics of the injection and confining zone(s); and
c. physical and chemical characteristics of the formation fluids in the injection zone(s).
5. Upon completion, but before operating, the owner or operator must conduct the following tests to
verify hydrogeologic characteristics of the injection zone(s):
a. a pressure fall-off test; and,
b. a pump test; or
c. injectivity tests.
6. The owner or operator must notify the Office of Conservation at least 72 hours before conducting
any wireline logs, well tests, or reservoir tests.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
§619. Pre-Operations―Completion Report and Site Reassessment
A. Pre-Operating Requirements. The owner or operator of the well shall submit the following
information to the commissioner. The commissioner shall consider the information before granting final
approval for the operation of a Class VI well:
1. the final area of review based on modeling, using data obtained during logging and testing of the
well and subsurface formations as required by §619.A.2, 3, 4, 6, 7, and 10;
2. any relevant updates—based on data obtained during logging and testing of the well and subsurface
formations as required by §619.A.3, 4, 6, 7, and 10—to the information on the geologic structure and
hydrogeologic properties of the proposed storage site and overlying formations, submitted to satisfy the
requirements of §607.C.1.b;
3. information on the compatibility of the carbon dioxide stream:
a. with fluids in the injection zone(s);
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b. with minerals in both the injection and the confining zone(s), based on the results of the formation
testing program; and
c. with the materials used to construct the well;
4. the results of the formation testing program required at §607.C.2.g;
5. final injection well construction procedures that meet the requirements of §617.A;
6. the status of corrective action on wells in the area of review;
7. all available logging and testing program data on the well required by §617.B;
8. a demonstration of mechanical integrity pursuant to §627;
9. any updates to the proposed area of review and corrective action plan, testing and monitoring plan,
injection well plugging plan, post-injection site care and site closure plan, or the emergency and remedial
response plan submitted under §623, that are necessary to address new information collected during logging
and testing of the well and the formation as required by§617.B, and any updates to the alternative post-
injection site care timeframe demonstration submitted under §633, that are necessary to address new
information collected during the logging and testing of the well and the formation as required by; and
10. Any additional information requested by the commissioner.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
§621. Operations
A. Injection Well Operating Requirements
1. Injection Pressure. Except during stimulation, the injection well shall be operated so that the
injection-induced pressure in the injection zone(s) does not exceed 90 percent of the fracture pressure of
the injection zone(s). This shall ensure that the injection does not initiate new fractures or propagate existing
fractures in the injection zone. In no case may injection pressure initiate fractures in the confining zone(s)
or cause the movement of injection or formation fluids that endangers a USDW. Pursuant to requirements
at §607.C.2.h, all stimulation programs must be approved by the commissioner as part of the permit
application and incorporated into the permit.
2. Injection between the outermost casing protecting USDWs and the wellbore is prohibited.
3. The owner or operator must fill the annulus between the tubing and the long string casing with a
non-corrosive fluid approved by the commissioner or a fluid containing a corrosion inhibitor approved by
the commissioner.
4. Annulus Pressure. The owner or operator shall maintain a tubing-casing annulus pressure that
exceeds the operating injection pressure, unless the commissioner determines that such requirement might
harm the integrity of the well or endanger a USDW. A request to operate the well at a reduced annulus
pressure must be in writing and approved by the commissioner.
5. The owner or operator must maintain mechanical integrity of the injection well at all times, except
when doing well workovers, well maintenance, or well remedial work approved by the commissioner.
6. Continuous recording devices shall be installed, used, and maintained in proper working order for
each well.
Docket No. IMD-2021-02; Page 76 of 263
a. continuous recording devices shall monitor:
i. surface injection or bottom-hole pressure;
ii. flow rate, volume and/or mass, and temperature of the carbon dioxide stream;
iii. tubing-casing annulus pressure and annulus fluid volume;
iv. any other data specified by the commissioner.
b. continuous recordings shall consist of digital recordings. Instruments shall be weatherproof or
housed in weatherproof enclosures when located in areas exposed to climatic conditions.
7. Alarms and Automatic Shutdown Systems
a. Alarms and automatic shutdown systems designed to actuate on exceedance of a predetermined
monitored condition shall be installed and maintained in proper working order as follows:
i. for onshore wells, alarms and automatic surface shut-off valves or—at the discretion of the
commissioner—down-hole shut-off systems (e.g., automatic shut-off, check valves) or, other mechanical
devices that provide equivalent protection; and
ii. for offshore wells, alarms and automatic down-hole shut-off systems designed to alert the
operator and shut-in the well when operating parameters such as annulus pressure, injection rate, or other
parameters diverge beyond permitted ranges or gradients specified in the permit.
iii. all alarms must be integrated with any automatic shutdown system.
b. If a shutdown (i.e., down-hole or at the surface) is triggered or a loss of mechanical integrity is
discovered, the owner or operator must immediately investigate and identify as expeditiously as possible
the cause of the shutoff. If, upon such investigation, the well is lacking mechanical integrity, or if monitored
well parameters indicate that the well may be lacking mechanical integrity, the owner or operator must:
i. immediately cease injection;
ii. take all steps reasonably necessary to determine whether there may have been a release of the
injected carbon dioxide stream or formation fluids into any unauthorized zone;
iii. notify the commissioner within 24 hours;
iv. restore and demonstrate mechanical integrity to the satisfaction of the commissioner prior to
resuming injection; and
v. notify the commissioner when injection can be expected to resume.
c. All emergency shutdown systems shall be fail-safe. The operator shall function-test all critical
systems of control and safety at least once every six months. This includes testing of alarms, test tripping
of emergency shutdown valves ensuring their closure times are within design specifications, and ensuring
the integrity of all electrical, pneumatic, and hydraulic circuits. Test dates and results shall be documented
and be available for inspection by an agent of the Office of Conservation.
8. Wellhead Identification and Protection
a. A protective barrier shall be installed and maintained around the wellheads, piping, and above
ground structures that may be vulnerable to physical or accidental damage by mobile equipment or
trespassers.
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b. An identifying sign shall be placed at the wellhead of each injection well and shall include at a
minimum the operator’s name, well name and number, well serial number, section-township-range, and any
other information required by the commissioner. The sign shall be of durable construction with all lettering
kept in a legible condition.
9. Well Workovers. No well remedial work, well maintenance or repair, well or injection formation
stimulation, well plug and abandonment or temporary abandonment, any other test of the injection well
conducted by the permittee, or well work of any kind, shall be done without prior written authorization
from the commissioner. The operator shall submit a work permit request form (Form UIC-17 or successor)
to seek well work authorization.
10. Pressure gauges that show pressure on the injection tubing and tubing-casing annulus shall be
installed at each wellhead. Gauges shall be designed to read in increments of 10 PSIG. All gauges shall be
properly calibrated and be maintained in good working order. The pressure valves onto which the pressure
gauges are affixed shall have one-half inch female fittings.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
§623. 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
§623.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 §613, as appropriate. Amended plans or demonstrations shall be
submitted to the commissioner as follows:
a. within one year of an area of review reevaluation;
Docket No. IMD-2021-02; Page 78 of 263
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.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources -- Office of Conservation.
§625. Testing and Monitoring
A. Testing and Monitoring Requirements. The owner or operator of a Class VI well must prepare,
maintain, and comply with a testing and monitoring plan to verify that the geologic sequestration project is
operating as permitted and is not endangering USDWs. The requirement to maintain and implement an
approved plan is directly enforceable regardless of whether the requirement is a condition of the permit.
The testing and monitoring plan must be included with the permit application and must include a description
of how the owner or operator will meet these requirements—including accessing sites for all necessary
monitoring and testing during the life of the project. Testing and monitoring associated with geologic
sequestration projects must include, at a minimum:
1. analysis of the carbon dioxide stream with sufficient frequency to yield data representative of its
chemical and physical characteristics;
2. installation and use of continuous recording devices to monitor injection pressure, rate, and volume;
the pressure on the tubing-casing annulus; and the annulus fluid volume added. Continuous monitoring is
not required during well workovers as defined in §621.A.5;
3. corrosion monitoring of the well materials for loss of mass, thickness, cracking, pitting, and other
signs of corrosion, which must be performed on a quarterly basis to ensure that the well components meet
the minimum standards for material strength and performance set forth in §617.A.2, by:
a. analyzing coupons of the well construction materials placed in contact with the carbon dioxide
stream; or
b. routing the carbon dioxide stream through a loop constructed with the material used in the well
and inspecting the materials in the loop; or
c. using an alternative method approved by the commissioner;
4. periodic monitoring of the ground water quality and geochemical changes above the confining
zone(s) that may be a result of carbon dioxide movement through the confining zone(s) or additional
identified zones including:
a. the location and number of monitoring wells based on specific information about the geologic
sequestration project, including injection rate and volume, geology, the presence of artificial penetrations,
and other factors; and
b. the monitoring frequency and spatial distribution of monitoring wells based on baseline
geochemical data that has been collected under §607.C.2.e and on any modeling results in the area of review
evaluation required by §615.B.3.
5. a demonstration of external mechanical integrity pursuant to §627.A.3 at least once every 12
months until the injection well is permanently plugged and abandoned; and, if required by the
Docket No. IMD-2021-02; Page 79 of 263
commissioner, a casing inspection log pursuant to requirements at §627.A.4 at a frequency established in
the testing and monitoring plan;
6. a pressure fall-off test at least once every five years unless more frequent testing is required by the
commissioner based on site-specific information;
7. testing and monitoring to track the extent of the carbon dioxide plume and the presence or absence
of elevated pressure (e.g., the pressure front) by using:
a. direct methods in the injection zone(s); and
b. indirect methods (e.g., seismic, electrical, gravity, or electromagnetic surveys and/or down-hole
carbon dioxide detection tools), unless the commissioner determines that such methods are not appropriate,
based on site-specific geology;
8. The commissioner may require surface air monitoring and/or soil gas monitoring to detect
movement of carbon dioxide that could endanger a USDW.
a. Design of Class VI surface air and/or soil gas monitoring must be based on potential risks to
USDWs within the area of review;
b. The monitoring frequency and spatial distribution of surface air monitoring and/or soil gas
monitoring must be decided using baseline data, and the monitoring plan must describe how the proposed
monitoring will yield useful information on the area of review delineation and/or compliance with standards
under §603.D;
c. If an owner or operator demonstrates that monitoring employed under 40 CFR 98.440 to 98.449
accomplishes the goals of §§625.A.8.a. and b., and meets the requirements pursuant to §629.A.3.e, a
regulatory agency that requires surface air/soil gas monitoring must approve the use of monitoring
employed under 40 CFR 98.440 to 98.449. Compliance with 40 CFR 98.440 to 98.449 pursuant to this
provision is considered a condition of the Class VI permit;
9. Any additional monitoring, as required by the commissioner, necessary to support, upgrade, and
improve computational modeling of the area of review evaluation required under §615.B.3 and to determine
compliance with standards under §619;
10. The owner or operator shall periodically review the testing and monitoring plan to incorporate
monitoring data collected under §625, operational data collected under §621, and the most recent area of
review reevaluation performed under §615.C.2. In no case shall the owner or operator review the testing
and monitoring plan less often than once every five years. Based on this review, the owner or operator shall
submit an amended testing and monitoring plan or demonstrate to the commissioner that no amendment to
the testing and monitoring plan is needed. Any amendments to the testing and monitoring plan must be
approved by the commissioner, must be incorporated into the permit, and are subject to the permit
modification requirements at §613, as appropriate. Amended plans or demonstrations shall be submitted to
the commissioner as follows:
a. within 12 months of an area of review reevaluation;
b. following any significant changes to the facility, such as addition of monitoring wells or newly
permitted injection wells within the area of review, on a schedule determined by the commissioner; or
c. when required by the commissioner.
11. a quality assurance and surveillance plan for all testing and monitoring requirements.
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B. Monitoring and records.
1. samples and measurements taken for the purpose of monitoring shall be representative of the
monitored activity.
2. The permittee shall retain records of all monitoring information, including the following:
a. calibration and maintenance records and all original strip chart recordings for continuous
monitoring instrumentation, copies of all reports required by this permit, and records of all data used to
complete the application for this permit, for a period of at least 3 years from the date of the sample,
measurement, report, or application. This period may be extended by request of the commissioner at any
time; and
b. the nature and composition of all injected fluids until three years after the completion of any
plugging and abandonment procedures specified under §629 The commissioner may require the owner or
operator to deliver the records to the commissioner at the conclusion of the retention period.
3. Records of monitoring information shall include:
a. the date, exact place, and time of sampling or measurements;
b. the individual(s) who performed the sampling or measurements;
c. the date(s) analyses were performed;
d. the individual(s) who performed the analyses;
e. the analytical techniques or methods used; and
f. the results of such analyses.
4. Owners or operators of Class VI wells shall retain records as specified in §§615.C.4, 629.A.6,
631.A.5, 633.A.6, and 633.A.8 of this chapter.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
§627. Mechanical Integrity
A. Mechanical Integrity
1. A Class VI well has mechanical integrity if:
a. there is no significant leak in the casing, tubing, or packer; and
b. there is no significant fluid movement into a USDW through channels adjacent to the injection
wellbore.
2. To evaluate the absence of significant leaks, owners or operators must:
a. perform an annulus pressure test:
i. after initial well construction or conversion as part of the pre-operating requirements;
ii. at least once every 12 months witnessed by an agent of the Office of Conservation; and
iii. after performing any well remedial work that involves unseating the tubing or packer.
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b. continuously monitor injection pressure, rate, injected volumes; pressure on the annulus between
tubing and long-string casing; and annulus fluid volume as specified in §621.A.6.
3. At least once every 12 months, use one of the following methods to determine the absence of
significant fluid movement:
a. an approved tracer-type survey such as a radioactive tracer, oxygen-activation log, or similar tool;
or
b. a temperature or noise log.
4. If required by the commissioner, run a casing inspection log at a frequency specified in the testing
and monitoring plan at §625 to determine the presence or absence of corrosion in the long-string casing.
5. The commissioner may require other tests to evaluate well mechanical integrity.
a. The commissioner may allow the use of a test to demonstrate mechanical integrity other than
those listed above with written approval of the USEPA. To obtain approval for the use of a new mechanical
integrity test, the owner or operator must submit a written request to the commissioner with details of the
proposed test and all technical data supporting its use, and the commissioner will submit a written request
to the USEPA.
6. In conducting and evaluating the tests enumerated in this section to be allowed by the
commissioner, the owner or operator and the commissioner must apply methods and standards generally
accepted in the industry. When the owner or operator reports the results of mechanical integrity tests to the
commissioner, a description of the test(s) and the method(s) used must be included. In making the
evaluation, the commissioner must review monitoring and other test data submitted since the previous
evaluation.
7. The commissioner may require additional or alternative tests if the mechanical integrity test results
presented are not satisfactory to the commissioner to demonstrate that there is no significant leak in the
casing, tubing, or packer, or to demonstrate that there is no significant movement of fluid into a USDW
resulting from the injection activity.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
§629. Reporting
A. Reporting Requirements. The owner or operator must provide, at a minimum, the following reports
to the commissioner—and the USEPA as specified in §629.A.5—for each permitted Class VI well:
1. Semi-annual reports containing:
a. any changes to the physical, chemical, and other relevant characteristics of the carbon dioxide
stream from the proposed operating data;
b. monthly average, maximum, and minimum values for injection pressure, flow rate and volume,
and annular pressure;
c. a description of any event that exceeds operating parameters for annulus pressure or injection
pressure specified in the permit;
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d. a description of any event which triggers a shut-off device required by §621 and the response
taken;
e. the monthly volume and/or mass of the carbon dioxide stream injected over the reporting period
and the volume injected cumulatively over the life of the project;
f. monthly annulus fluid volume added;
g. the results of monitoring prescribed under §625; and
h. the raw operating data from the continuous recording devices prescribed by §621.A.6 submitted
in digital format.
2. Report, within 30 days or as specified by permit, the results of:
a. periodic tests of mechanical integrity;
b. any well workover; and
c. any other test of the injection well conducted by the permittee if required by the commissioner.
3. Report, within 24 hours:
a. any evidence that the injected carbon dioxide stream or associated pressure front may cause an
endangerment to a USDW;
b. any noncompliance with a permit condition, or malfunction of the injection system, which may
cause fluid migration into or between USDWs;
c. any triggering of a shut-off system (i.e., down-hole or at the surface);
d. any failure to maintain mechanical integrity; or
e. any release of carbon dioxide to the atmosphere or biosphere pursuant to compliance with the
requirement at §625.A.8 for surface air/soil gas monitoring or other monitoring technologies, if required by
the commissioner.
4. Owners or operators must notify the commissioner in writing in advance of doing any well work
or formation testing as required in §621.A.9.
5. Regardless of whether the State of Louisiana has primary permit and enforcement authority
(primacy) for Class VI wells, owners or operators of Class VI wells, or applicants for Class VI wells must
submit all required submittals, reports, and notifications under §§605, 607, 615, 617, 619, 621, 623, 625,
627, 629, 631, and §633 to the USEPA in an electronic format approved by the USEPA.
6. Records shall be retained by the owner or operator as follows:
a. all data collected for Class VI permit applications in §§607 and 619 shall be retained throughout
the life of the geologic sequestration project and at least 10 years following site closure.
b. data on the nature and composition of all injected fluids collected under §625.A.1 shall be
retained at least 10 years after site closure. The commissioner may require the owner or operator to deliver
the records to the commissioner at the conclusion of the retention period.
c. monitoring data collected under §§625.A.2 through 625.A.9 shall be retained at least 10 years
after it is collected.
d. well plugging reports, post-injection site care data, including, if appropriate, data and information
used to develop the demonstration of the alternative post-injection site care timeframe, and the site closure
Docket No. IMD-2021-02; Page 83 of 263
report collected pursuant to requirements at §§633.A.6 and 633.A.8 shall be retained at least 10 years
following site closure.
e. The commissioner may require the owner or operator to retain any records required under these
regulations for longer than 10 years after site closure.
B. Recordkeeping. Owners or operators of Class VI wells shall retain records as specified in §§615.C.4,
629.A.6, 631.A.5, 633.A.6, and 633.A.8.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
§631. Plugging and Abandonment
A. Well Plugging and Abandonment.
1. A Class VI permit shall include conditions that meet the requirements set forth in this subsection
and shall be incorporated into the permit as a permit condition. For purposes of this subsection, temporary
or intermittent cessation of injection operations is not abandonment.
2. Before well plugging, the owner or operator must flush each Class VI well with a buffer fluid,
determine bottomhole reservoir pressure, and perform a final external mechanical integrity test.
3. Well Plugging Plan. The owner or operator of a Class VI well must prepare, maintain, and comply
with a plan acceptable to the commissioner. The requirement to maintain and implement an approved plan
is directly enforceable regardless of whether the requirement is a condition of the permit. The well plugging
plan must be submitted as part of the permit application, must be designed in a way that will prevent the
movement of fluids into or between USDWs or outside the injection zone, and must include the following
minimum information:
a. appropriate tests or measures for determining bottomhole reservoir pressure;
b. appropriate testing methods to ensure external mechanical integrity as specified in §627;
c. a description of the size and amount of casing, tubing, or any other well construction materials
to be removed from the well before well closure;
d. that prior to the placement of plugs, the well 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;
e. the type and number of plugs to be used;
f. the placement of each plug, including the elevation of the top and bottom of each plug;
g. the type, grade, yield, and quantity of material, such as cement, to be used in plugging. The
material must be compatible with the carbon dioxide stream;
h. the method of placement of the plugs;
i. pre-closure and proposed post-closure well schematics;
j. that each plug shall be appropriately tagged and tested for seal and stability;
k. that the well casings shall be cut at least five feet below ground surface for land-based wells, and
at least 15 feet below the mud line for wells at a water location.
Docket No. IMD-2021-02; Page 84 of 263
l. that upon successful completion of well closure of a land-based well, a one-half (½) inch steel
plate shall be welded across all casings and inscribed with the well’s state serial number and date plugged
and abandoned, and
m. any addition information that the commissioner may require.
4. Notice of Intent to Plug. The owner or operator must submit the Form UIC-17, or successor form,
to the commissioner and receive written approval from the commissioner before beginning actual well
plugging operations. The form must contain information on the procedures to be used in the field to plug
and abandon the well.
5. Well Closure Report. The owner or operator shall submit a closure report to the commissioner
within 30 days after well plug and abandonment. The report shall be certified as accurate by the owner or
operator and by the person charged with overseeing the closure operation (if other than the owner or
operator). The owner or operator shall retain the well closure report at least 10 years following site closure.
The report shall contain the following information:
a. detailed procedures of the closure operation. Where actual closure differed from the approved
plan, the report shall include a written statement specifying the differences between the previous plan and
the actual closure;
b. all state regulatory reporting forms relating to the closure activity; and
c. any information pertinent to the closure activity including schematics, tests, or monitoring data.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
§633. Closure and Post-Closure
A. Post-Injection Site Care and Site Closure.
1. The owner or operator of a Class VI well must prepare, maintain, and comply with a plan for post-
injection site care and site closure that meets the requirements of §633.A.1.b and is acceptable to the
commissioner. The requirement to maintain and implement an approved plan is directly enforceable
regardless of whether the requirement is a condition of the permit.
a. The owner or operator must submit the post-injection site care and site closure plan as a part of
the permit application.
b. The post-injection site care and site closure plan must include the following information:
i. the pressure differential between pre-injection and predicted post-injection pressures in the
injection zone(s);
ii. the predicted position of the carbon dioxide plume and associated pressure front at site closure
as demonstrated in the area of review evaluation required under §615.B.3.a;
iii. a description of post-injection monitoring location, methods, and proposed frequency;
iv. a proposed schedule for submitting post-injection site care monitoring results to the
commissioner and to the USEPA pursuant to §629.A.5; and,
Docket No. IMD-2021-02; Page 85 of 263
v. the duration of the post-injection site care timeframe and, if approved by the commissioner, the
demonstration of the alternative post-injection site care timeframe that ensures non-endangerment of
USDWs.
c. Upon cessation of injection, owners or operators of Class VI wells must either submit an amended
post-injection site care and site closure plan or demonstrate to the commissioner through monitoring data
and modeling results that no amendment to the plan is needed. Any amendments to the post-injection site
care and site closure plan must be approved by the commissioner, be incorporated into the permit, and are
subject to the permit modification requirements at §613, as appropriate.
d. At any time during the life of the geologic sequestration project, the owner or operator may
modify and resubmit the post-injection site care and site closure plan for the commissioner’s approval
within 30 days of such change.
2. The owner or operator shall monitor the site following the cessation of injection to show the
position of the carbon dioxide plume and pressure front and demonstrate that USDWs are not being
endangered.
a. Following the cessation of injection, the owner or operator shall continue to conduct monitoring
as specified in the commissioner-approved post-injection site care and site closure plan for at least 50 years
or for the duration of the alternative timeframe approved by the commissioner pursuant to requirements in
§633.A.3, unless the owner or operator makes a demonstration under §633.A.2.b. The monitoring must
continue until the geologic sequestration project no longer poses an endangerment to USDWs and the
demonstration under §633.A.2.b is submitted and approved by the commissioner.
b. If the owner or operator can demonstrate to the satisfaction of the commissioner before 50 years
or prior to the end of the approved alternative timeframe based on monitoring and other site-specific data,
that the geologic sequestration project no longer poses an endangerment to USDWs, the commissioner may
approve an amendment to the post-injection site care and site closure plan to reduce the frequency of
monitoring or may authorize site closure before the end of the 50-year period or prior to the end of the
approved alternative timeframe, where the owner or operator has substantial evidence that the geologic
sequestration project no longer poses a risk of endangerment to USDWs.
c. Prior to authorization for site closure, the owner or operator must submit to the commissioner for
review and approval a demonstration, based on monitoring and other site-specific data, that no additional
monitoring is needed to ensure that the geologic sequestration project does not pose an endangerment to
USDWs.
d. If the demonstration in §633.A.2.c cannot be made (i.e., additional monitoring is needed to ensure
that the geologic sequestration project does not pose an endangerment to USDWs) at the end of the 50-year
period or at the end of the approved alternative timeframe, or if the commissioner does not approve the
demonstration, the owner or operator must submit to the commissioner a plan to continue post-injection
site care until a demonstration can be made and approved by the commissioner.
3. Demonstration of Alternative Post-Injection Site Care Timeframe. The commissioner may approve,
in consultation with the USEPA, an alternative post-injection site care timeframe other than the 50-year
default, if an owner or operator can demonstrate during the permitting process that an alternative post-
injection site care timeframe is appropriate and ensures non-endangerment of USDWs. The demonstration
must be based on significant, site-specific data and information including all data and information collected
pursuant to §607 and §615, and must contain substantial evidence that the geologic sequestration project
will no longer pose a risk of endangerment to USDWs at the end of the alternative post-injection site care
timeframe.
Docket No. IMD-2021-02; Page 86 of 263
a. A demonstration of an alternative post-injection site care timeframe must include consideration
and documentation of:
i. the results of computational modeling performed pursuant to delineation of the area of review
under §615.B and §615.C;
ii. the predicted timeframe for pressure decline within the injection zone, and any other zones,
such that formation fluids may not be forced into any USDWs; and/or the timeframe for pressure decline
to pre-injection pressures;
iii. the predicted rate of carbon dioxide plume migration within the injection zone, and the
predicted timeframe for the cessation of migration;
iv. a description of the site-specific processes that will result in carbon dioxide trapping including
immobilization by capillary trapping, dissolution, and mineralization at the site;
v. the predicted rate of carbon dioxide trapping in the immobile capillary phase, dissolved phase,
and/or mineral phase;
vi. the results of laboratory analyses, research studies, and/or field or site-specific studies to verify
the information required in clauses iv. and v. above;
vii. a characterization of the confining zone(s) including a demonstration that it is free of
transmissive faults, fractures, and micro-fractures and of appropriate thickness, permeability, and integrity
to impede fluid (e.g., carbon dioxide, formation fluids) movement;
viii. the presence of potential conduits for fluid movement including planned injection wells and
project monitoring wells associated with the proposed geologic sequestration project or any other projects
in proximity to the predicted/modeled, final extent of the carbon dioxide plume and area of elevated
pressure;
ix. a description of the well construction and an assessment of the quality of plugs of all abandoned
wells within the area of review;
x. the distance between the injection zone and the nearest USDW above the injection zone; and
xi. any additional site-specific factors required by the commissioner.
b. Information submitted to support the demonstration in §633.A.3.a must meet the following
criteria:
i. all analyses and tests performed to support the demonstration must be accurate, reproducible,
and performed in accordance with the established quality assurance standards;
ii. estimation techniques must be appropriate and USEPA-certified test protocols must be used
where available;
iii. predictive models must be appropriate and tailored to the site conditions, composition of the
carbon dioxide stream and injection and site conditions over the life of the geologic sequestration project;
iv. predictive models must be calibrated using existing information (e.g., at Class I, Class II, or
Class V experimental technology well sites) where sufficient data are available;
v. reasonably conservative values and modeling assumptions must be used and disclosed to the
commissioner whenever values are estimated on the basis of known, historical information instead of site-
specific measurements;
Docket No. IMD-2021-02; Page 87 of 263
vi. an analysis must be performed to identify and assess aspects of the alternative post-injection
site care timeframe demonstration that contribute significantly to uncertainty. The owner or operator must
conduct sensitivity analyses to determine the effect that significant uncertainty may contribute to the
modeling demonstration.
vii. an approved quality assurance and quality control plan must address all aspects of the
demonstration; and,
viii. any additional criteria required by the commissioner.
4. Notice of Intent for Site Closure. The owner or operator must notify the commissioner in writing
at least 120 days before site closure. At this time, if any changes have been made to the original post-
injection site care and site closure plan, the owner or operator must also provide the revised plan. The
commissioner may allow for a shorter notice period.
5. After the commissioner has authorized site closure, the owner or operator must plug all monitoring
wells in a manner which will not allow movement of injection or formation fluids that endangers a USDW.
6. The owner or operator must submit a site closure report to the commissioner within 90 days after
site closure, which must also be retained by the owner or operator for at least 10 years. The report must
include:
a. documentation of appropriate injection and monitoring well plugging as specified in §631 and
§633.A.5. The owner or operator must provide a copy of a survey plat which has been submitted to the local
zoning authority designated by the commissioner. The plat must indicate the location of the injection well
relative to permanently surveyed benchmarks. The owner or operator must also submit a copy of the plat
to the USEPA as in §629.A.5;
b. documentation of appropriate notification and information to such State, local and Tribal
authorities that have authority over drilling activities to enable such State, local, and Tribal authorities to
impose appropriate conditions on subsequent drilling activities that may penetrate the injection and
confining zone(s); and
c. records reflecting the nature, composition, and volume of the carbon dioxide stream.
7. Each owner or operator of a Class VI injection well must record a notation on the deed to the facility
property or any other document that is normally examined during title search that will in perpetuity provide
any potential purchaser of the property the following information:
a. the fact that land has been used to sequester carbon dioxide;
b. the name of the State agency, local authority, and/or Tribe with which the survey plat was filed,
as well as the address of the USEPA Regional Office to which it was submitted; and
c. the volume of fluid injected, the injection zone or zones into which it was injected, and the period
over which injection occurred.
8. The owner or operator must retain for at least 10 years following site closure, records collected
during the post-injection site care period. The owner or operator must deliver the records to the
commissioner at the conclusion of the retention period, and the records must thereafter be retained in a form
and manner and at a location designated by the commissioner.
B. Certificate of Completion. The commissioner shall not issue a certificate of completion pursuant to
R.S. 1109 unless the operator has sufficient financial surety with the Office of Conservation to adequately
close the facility, plug all existing wells, and provide for post-injection site care and site closure.
Docket No. IMD-2021-02; Page 88 of 263
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.
HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Injection and Mining Division, LR 46:
Department of Natural Resources – Office of Conservation.
Richard P. Ieyoub
Commissioner
Family Impact Statement
In compliance with Act 1183 of the 1999 Regular Session of the Louisiana Legislature, the
impact of this proposed rule on the family has been considered. This proposed rule has a positive
impact on family functioning, stability, or autonomy as described in R.S. 49:972.
Poverty Impact Statement
The proposed Rule should not have any known or foreseeable impact on any child,
individual or family as defined by R.S. 49:973.B. In particular, there should be no known or
foreseeable effect on:
1. the effect on household income, assets, and financial security;
2. the effect on early childhood development and preschool through postsecondary
education development;
3. the effect on employment and workforce development;
4. the effect on taxes and tax credits;
5. the effect on child and dependent care, housing, health care, nutrition,
transportation, and utilities assistance.
Small Business Analysis
Pursuant to R.S. 49:965.6, methods for reduction of the impact on small business, as
defined in the Regulatory Flexibility Act, have been considered when creating this proposed Rule.
This proposed Rule is not anticipated to have an adverse impact on small businesses;
therefore, a Small Business Economic Impact Statement has not been prepared.
Provider Impact Statement
The proposed Rule should not have any known or foreseeable impact on providers as
defined by HCR 170 of 2014 Regular Legislative Session. In particular, there should be no known
or foreseeable effect on:
1. the effect on the staffing level requirements or qualifications required to provide
the same level of service;
2. the total direct and indirect effect on the cost to the providers to provide the same
level of service; or
3. the overall effect on the ability of the provider to provide the same level of service.
Docket No. IMD-2021-02; Page 89 of 263
Public Comments
Interested persons may submit written comments to Stephen Lee, Director of the Injection
and Mining Division, Office of Conservation, Louisiana Department of Natural Resources, P.O.
Box 94275, Baton Rouge, LA 70804-9275, or by faxing comments to (225) 242-3441. Written
comments will be accepted through the close of business, 5:00 p.m. on December 1, 2020. A public
hearing is not currently scheduled, but if requested will be held on the morning of Tuesday,
December 1, 2020.
Richard P. Ieyoub
Commissioner of Conservation
FISCAL AND ECONOMIC IMPACT STATEMENT
FOR ADMINISTRATIVE RULES
I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL
GOVERNMENTAL UNITS (Summary)
There will be an increase in expenditures to the Louisiana Department of Natural Resources (LDNR) as a
result of the proposed rules required by Act 517 of 2009. The proposed rules govern Class VI wells for the
sequestration of carbon dioxide in subsurface geologic formations, ultimately limiting emissions of this
greenhouse gas. LDNR anticipates minimal costs to the program in FY 21 (which will be absorbed within
their existing budget) because LDNR will not receive approval from the United States Environmental
Protection Agency (USEPA) to issue permits for these types of wells until FY 22.
Expenditures will increase over FY 22 and FY 23 as the program is fully staffed and implemented and will
require approximately $1.135 M for full implementation by FY 23. Funding for the program will come
from the newly created Carbon Dioxide Geologic Storage Trust Fund (CDGSTF), federal grants, and State
General Fund (Direct) (SGF). The largest impact to the SGF will be in FY 23, with an expected impact of
approximately $500,000. Reliance on the SGF is minimal for FY 24 and beyond as the CDGSTF is
expected to have accrued sufficient funds for program operations, in addition to federal grants.
There will be no impact to local governmental units.
II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL
GOVERNMENTAL UNITS (Summary)
There will be an increase in revenue collections to LDNR beginning in FY 22 and increasing each
subsequent fiscal year. LDNR will experience small increases to the Oil and Gas Regulatory Fund each
fiscal year ($10,000 by FY 23) and significant increases to the new CDGSTF each fiscal year ($315,000 by
FY 23). LDNR anticipates 4 to 6 sites by the end of FY 24 with estimated revenue to the CDGSTF between
$1.6 M - $2.4 M. Future grant funding will increase each fiscal year and will be based on the Class VI well
count.
There will be an impact to the SGF to the extent that Class VI wells are constructed under state property
thereby creating leasing revenues. However, the number and location of the Class VI wells is speculative
Docket No. IMD-2021-02; Page 90 of 263
and future revenues are indeterminable.
III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS,
SMALL BUSINESSES, OR NON-GOVERNMENTAL GROUPS (Summary)
There will be positive economic benefits to individuals, businesses, and other non-governmental groups as
a result of this program. Individuals who own surface rights in the area of Class VI sequestration projects
will be able to negotiate leases for storage rights in the subsurface. Non-governmental groups in the
industrial sector will benefit from increased construction as well as the federal tax credits received by the
operator who is sequestering the carbon dioxide underground.
IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)
There will be a positive impact on employment in the industrial construction sector as there will be an
increase in the availability of construction jobs in order to build pipeline infrastructure and injection sites
for the Class VI wells. However, this is a new industry in the United States and therefore potential impacts,
while positive, are indeterminable.
Docket No. IMD-2021-02; Page 91 of 263
State of Louisiana
Department of Natural Resources
Office of Conservation
Injection and Mining Division
Class VI USEPA Primacy Application
VI. Summary of Public Comment
Docket No. IMD-2021-02; Page 92 of 263
John
Bel
Edwards
Thomas
F.
Harris
GOVERNOR SECREFARY
Richard
P.
Ieyoub
COMMISSIONER
OF
CONSERVATION
state
at
Ioui~iana
DEPARTMENT
OF
NATURAL
RESOURCES
OFFICE
OF
CONSERVATION
April
21,2021
David
Gray
Regional
Administrator
U.S.
Environmental
Protection
Agency
Region
6
1201
Elm
Street
Dallas,
Texas,
75270
Re:
Summary
Report
of
Public
Comment
Class
VI
Geologic
Sequestration
of
Carbon
Dioxide
Office
of
Conservation
Rules
and
Regulations
LAC 43:XVII.Chapter
6
(Statewide
Order
29-N-6)
Dear
Mr.
Gray:
The
Louisiana Commissioner
of
Conservation
promulgated
new
rule
LAC
43:XVII.Chapter
6
on
January
20, 2021.
Prior
to
final
publication,
a
comment
period
was
held
open
from
October
20,
2020
to
December
1,
2020,
which
afforded
interested
parties
an
opportunity
to
comment
on the
proposed
rule
amendments.
The
enclosed
notice
offered
members
of
the
public
an
opportunity
to
submit
a
comment
regarding
the
proposed
nile
and
also stated
that
a
public
hearing
would
be
held upon
request.
No
public
hearing
was
requested,
so
a
public
hearing
was
not
held.
The
Office
of
Conservation
received
five
(5)
public
comments. Copies
of
these
comments
are
enclosed
as
well
as
the
responses
by
the
Louisiana
Office
of
Conservation.
No
changes
were
made
to
the
proposed
rule
as
a
result
of
the
public
comments.
Please
contact
me
at
225-342-5569
if
there
are
any
questions
or
if
any
clarification
of
the
above
is needed.
Yours
very
truly,
aDirector
Injection
and
Mining
Division
Louisiana
Office
of
Conservation
SHL:ces
Enclosures
617
North
Third
Street
•
8th
Floor
•
Baton
Rouge,
Louisiana
70802
(225)
342-5540
http://www.dnr.state.la.us/conservation
An
Equal
Opportunity
Employer
Docket No. IMD-2021-02; Page 93 of 263
LDNR ATTACHMENT 2 of 3
Docket No. IMD-2021-02; Page 94 of 263
Docket No. IMD-2021-02; Page 95 of 263
257 Park Avenue South
New York, NY 10010
T
212 505 2100
F
212 505 2375
edf.org
New York, NY / Austin, TX / Bentonville, AR / Boston, MA / Boulder, CO / Raleigh, NC / Sacramento, CA
San Francisco, CA / Washington, DC / Beijing, China / La Paz, Mexico / London, UK
Totally chlorine free 100% post-consumer recycled paper
December 1, 2020
Stephen Lee
Director, Injection and Mining Division
Office of Conservation
Louisiana Department of Natural Resources
P.O. Box 94275
Baton Rouge, LA 70804-9275
Submitted via email to Stephen Lee and via fax
Re: Louisiana Class VI Regulations in Advance of Primacy Application
Dear Mr. Lee,
The Environmental Defense Fund (EDF) appreciates the opportunity to provide comments in
response to the Louisiana Department of Natural Resources, Office of Conservation’s proposal
to adopt Statewide Order No. 29-N-6 providing rules for Class VI injection wells in advance of
Louisiana’s application for primacy over Class VI regulation from the U.S. Environmental
Protection Agency.
In general, EDF supports the proposed regulations and Louisiana’s intention to achieve Class VI
primacy. Carbon Capture and Sequestration (CCS) is an important suite of technologies for
removing carbon dioxide from industrial waste streams and the air, and securely sequestering it
in subsurface geology – CCS is well suited for Louisiana’s abundance of CO2 sources and sinks,
and is a sensible component of Louisiana’s approach to curbing climate pollution and saving its
coastal areas from inundation.
The proposed rules are a result of significant collaboration with the EPA, and appear to meet
EPA’s minimum requirements for UIC programs under Section 1422 of the Safe Drinking Water
Act. At the same time, EDF would like to highlight areas deserving the Office of Conservation’s
special attention. These are: 1) liability management; 2) agency resources and staff training; 3)
scope of protection.
1) Liability management
LDNR ATTACHMENT 3 of 3
Docket No. IMD-2021-02; Page 96 of 263
2
CCS projects are long-lived, and Class VI requires an extended period of post-site care and
monitoring. Many proponents of CCS, especially equity investors, are eager to derisk these
projects through statutory elimination of liability, or transfer of liability to taxpayers.
EDF is concerned about this socializing of CCS liability for several reasons.
First, the risk of liability acts as a powerful motivator for high quality operations. Project
developers who do not face commensurate consequences for negligent behavior will tend to
behave negligently to save money. Elimination or transfer of liability introduces a moral hazard
that potentially endangers workers, community members, and the environment.
Second, elimination or transfer of liability creates a rhetorical contradiction for CCS proponents
who claim that the activity is well understood and safe, while simultaneously lobbying to escape
from liability in case something goes wrong – this mixed message is absorbed by the public and
creates skepticism about the reliability of CCS, which can be quite damaging in these early
stages of widespread rollout.
Liability management is outside the scope of Class VI primacy, but is nevertheless an essential
component of a state’s overall CCS regulatory program. Since 2009, Louisiana has had statutory
provisions addressing liability arising from CCS projects at La. R.S. §§ 30:1109-1111. EDF
supports strengthening this system to hold operators more responsible for the consequences of
their actions. However, had the Louisiana legislature adopted language proposed in early 2020
eliminating operator liability arising prior to the issuance of a certificate of completion of
injection operations and eliminating the cap on operator liability release pegged to the solvency
of the Carbon Dioxide Geologic Storage Trust Fund, EDF would not have been able to support
CCS in Louisiana.
2) Agency resources and staff training
Louisiana policymakers are well aware that Class VI permitting and oversight is a resource-
intensive activity, requiring a well-funded and well-trained regulator to facilitate safe and secure
project development. Class VI oversight requires, for example, extensive modeling efforts
outside the current scope of the Department of Natural Resource’s workstream. The expected
implementation costs that the DNR provides in its Notice of Intent are commensurate with
estimates by the Ground Water Protection Council. EDF agrees with the Department that
federal grants will be needed, especially in the early years while industry funding of oversight
ramps up, to develop the regulatory program, and supports appropriations to make this happen
at sufficient scale.
In particular, EDF supports the Department of Natural Resources’ efforts to hire and train staff
for Class VI permitting, modeling, inspections, and other oversight needs. Given the self-
imposed short timelines for the Department to evaluate an application’s completeness and then
approve applications after the closure of public comment periods, it is especially important for
the Department staff to be adequately trained and resourced to react quickly, knowledgeably
and effectively on permitting decisions.
Docket No. IMD-2021-02; Page 97 of 263
3
3) Scope of protection
EPA’s Class VI program, as part of the Safe Drinking Water Act, is focused on the protection of
Underground Sources of Drinking Water. While the Department of Natural Resources’ proposed
language is consistent with this mandate, Wyoming’s recently approved Class VI primacy
application extends the scope of protection, and emphasizes in at least seventeen different
places that its rules are intended to protect human health, safety, and the environment in
addition to USDWs.
1
While the concept of regulating to safeguard human health, safety and the
environment is not absent from the Department’s proposal, these issues are surely central to the
Department’s approach, and the Department should take this opportunity to add language
similar to that used by Wyoming in its rules.
* * *
EDF again appreciates the opportunity to comment on this important rule as Louisiana prepares
its Class VI primacy application. We look forward to working with Louisiana policymakers and
other stakeholders as the state continues to develop a robust CCS oversight framework.
Respectfully submitted,
Adam Peltz
Senior Attorney, Energy
Environmental Defense Fund
257 Park Ave South, 17
th
floor
New York, NY 10010
1
See, e.g., Wyoming DEQ Water Quality Ch. 24, Sec 2(tt); Sec 4(c)(i)(R)(I); Sec 8(c)(i)(B); Sec 12(a)(i) and
(ii); Sec 14(b)(ix); Sec 17(a)(ii)(A).
Docket No. IMD-2021-02; Page 98 of 263
Louisiana Department of Natural Resources
Injection and Mining Division
Class VI Rule Promulgation – Public Comments and Agency Response
December 9, 2020
Comment 1 – LMOGA
Miscellaneous Wording: To ensure clarity, LMOGA recommends changing the wording in paragraph
609.C.5.a from “submitted a plugging and abandonment report” to “submitted a Well Closure Report and
complied with closure and post-closure requirements according to paragraph 633.” LMOGA also
recommends adding a definition of Well Closure Report to these rules.
Comment 1 LDNR Response: The Louisiana Department of Natural Resources (LDNR) has noted the
comment and the suggested changes will be considered in future rule-making.
Comment 2 – LMOGA
Reporting Requirements: There appears to be a discrepancy between a reporting deadline in the EPA
rules compared to the Department’s proposed rules. Specifically, the 14-day reporting requirement
specified in the proposed paragraph 609.L.5 is shorter than the 30-day period outlined in the
corresponding EPA rule at 40 CFR 144.51(I)(5).
A 14-day reporting requirement presents somewhat of a challenge, and LMOGA respectfully requests that
the Department would consider making this requirement 30 days to reflect the requirement in the EPA
rule.
Comment 2 LDNR Response: LDNR has noted the comment and the suggested changes will be
considered in future rule-making.
Comment 3 – Environmental Defense Fund
Liability Management: CCS projects are long-lived, and Class VI requires an extended period of post-site
care and monitoring. Many proponents of CCS, especially equity investors, are eager to derisk these
projects through statutory elimination of liability, or transfer of liability to taxpayers.
EDF is concerned about this socializing of CCS liability for several reasons.
First, the risk of liability acts as a powerful motivator for high quality operations. Project developers who
do not face commensurate consequences for negligent behavior will tend to behave negligently to save
money. Elimination or transfer of liability introduces a moral hazard that potentially endangers workers,
community members, and the environment.
Second, elimination or transfer of liability creates a rhetorical contradiction for CCS proponents who
claim that the activity is well understood and safe, while simultaneously lobbying to escape from liability
in case something goes wrong – this mixed message is absorbed by the public and creates skepticism
about the reliability of CCS, which can be quite damaging in these early stages of widespread rollout.
Liability management is outside the scope of Class VI primacy, but is nevertheless an essential
component of a state’s overall CCS regulatory program. Since 2009, Louisiana has had statutory
provisions addressing liability arising from CCS projects at La. R.S. §§ 30:1109-1111. EDF supports
Docket No. IMD-2021-02; Page 99 of 263
strengthening this system to hold operators more responsible for the consequences of their actions.
However, had the Louisiana legislature adopted language proposed in early 2020 eliminating operator
liability arising prior to the issuance of a certificate of completion of injection operations and eliminating
the cap on operator liability release pegged to the solvency of the Carbon Dioxide Geologic Storage Trust
Fund, EDF would not have been able to support CCS in Louisiana.
Comment 3 LDNR Response: LDNR certainly recognizes the importance of long-term liability
management associated with CCS projects. As mentioned in the comment, the purview of the proposed
rule does not extend to liability release and any changes to the current structure of liability management
would require statutory changes. Therefore, no change to the proposed rule is warranted.
Comment 4 – Environmental Defense Fund
Agency resources and staff training: Louisiana policymakers are well aware that Class VI permitting and
oversight is a resource-intensive activity, requiring a well-funded and well-trained regulator to facilitate
safe and secure project development. Class VI oversight requires, for example, extensive modeling efforts
outside the current scope of the Department of Natural Resource’s workstream. The expected
implementation costs that the DNR provides in its Notice of Intent are commensurate with estimates by
the Ground Water Protection Council. EDF agrees with the Department that federal grants will be needed,
especially in the early years while industry funding of oversight ramps up, to develop the regulatory
program, and supports appropriations to make this happen at sufficient scale.
In particular, EDF supports the Department of Natural Resources’ efforts to hire and train staff for Class
VI permitting, modeling, inspections, and other oversight needs. Given the self-imposed short timelines
for the Department to evaluate an application’s completeness and then approve applications after the
closure of public comment periods, it is especially important for the Department staff to be adequately
trained and resourced to react quickly, knowledgeably and effectively on permitting decisions.
Comment 4 LDNR Response: LDNR concurs with this comment. Staffing and funding are not included
within the scope of the proposed regulations. Therefore, no change to the proposed rule is warranted.
Comment 5 – Environmental Defense Fund
Scope of Protection: EPA’s Class VI program, as part of the Safe Drinking Water Act, is focused on the
protection of Underground Sources of Drinking Water. While the Department of Natural Resources’
proposed language is consistent with this mandate, Wyoming’s recently approved Class VI primacy
application extends the scope of protection, and emphasizes in at least seventeen different places that its
rules are intended to protect human health, safety, and the environment in addition to USDWs.1 While the
concept of regulating to safeguard human health, safety and the environment is not absent from the
Department’s proposal, these issues are surely central to the Department’s approach, and the Department
should take this opportunity to add language similar to that used by Wyoming in its rules.
Comment 5 LDNR Response: LDNR concurs with the importance of protecting human health, safety,
and the environment. The Louisiana State Constitution in Article IX, Section 1, mandates that the natural
resources of the state “shall be protected, conserved, and replenished insofar as possible and consistent
with the health, safety, and welfare of the people.” Although these protections are only explicitly stated in
LAC 45:XVII.603.H.4 of the proposed rule, they are already enumerated in the mission of the LDNR as
laid out in the Louisiana Constitution.
Docket No. IMD-2021-02; Page 100 of 263
State of Louisiana
Department of Natural Resources
Office of Conservation
Injection and Mining Division
Class VI USEPA Primacy Application
VII. Crosswalk for Louisiana UIC Regulations
Docket No. IMD-2021-02; Page 101 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 1
March 2020 (Revised February 2021)
Crosswalk for Louisiana UIC Regulations Submitted with Primacy Applications Under Section 1422 of the SDWA
The following tables compare the regulatory language submitted by Louisiana to EPA’s regulations applicable to Class VI wells, specifically Parts 124, 144, and 146 under Title 40 of the CFR. Under Section 1422 of the SDWA, the State’s
program must meet the requirements of EPA UIC regulations. Cadmus reviewed the crosswalk and Louisiana’s draft UIC regulations provided to EPA on April 2, 2020; notes of this review (completed in May 2020) are provided in the
“Cadmus review” column. Cadmus reviewed an updated crosswalk in August 2020; any notes of this review are in the “Cadmus review” column, preceded by the text “August 2020 review.” Blue and/or track change text =LA additions
or deletions; Purple text- EPA Review
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
PART 124--PROCEDURES FOR DECISION MAKING
SUBPART A--GENERAL PROGRAM REQUIREMENTS
40 CFR 124.3 Application for a permit
1
40 CFR 124.3(a)(1)
(See also
145.11(a)(24))
Applicable to State programs, see §145.11 (UIC). (1)
Any person who requires a permit under the UIC
programs shall complete, sign, and submit to the
Director an application for each permit required under
§144.1 (UIC). Applications are not required for
underground injections authorized by rules (§§ 144.21
through 144.26).
§603605.C
through
603605.C.1
--------
§603603.E
through
603603.E.1
C. Application Required
1. Permit Application. New applicants,
permittees, and any person required to have a permit
shall complete, sign, and submit an application to the
commissioner as described in this Section.
a. the applicant shall submit one signed paper
version of the application and an exact duplicate of
the application in an electronic format approved by
the commissioner. The commissioner may request
additional paper copies of the application—either in
its entirety or in part—as needed.
b. the electronic version of the application
shall contain the following certification statement:
This document is an electronic version of the
application titled (Insert Document Title) dated (Insert
Application Date). This electronic version is an exact
duplicate of the paper copy submitted in (Insert the
Number of Volumes Comprising the Full Application)
to the Louisiana Office of Conservation.
c. The applicant shall submit the application
identified in §603605.C.1 above to the USEPA in an
electronic format approved by the USEPA.
---------
E. Authorization of Underground Injection by
Rule
1. Class VI wells cannot be authorized by rule
to inject carbon dioxide. Owners or operators of Class
VI wells must obtain a permit.
Language has been added at
§603605.C to clarify requirements
for submission of permit
applications. These include more
stringent requirements compared
to the federal rule.
The struck-out text of 40 CFR
124.3(a)(1) will not be adopted.
Authorization by rule for Class VI
wells will be prohibited.
Reviewed; no issues found.
Commented [LS1]: Note: LA regulation was updated from LAC
43:XVII.Chapter 6 to LAC 43:XVII.Chapter 36 upon final adoption. All
chapter references under LA Citation, LA Rule Text, and Difference
have been updated with the new chapter number.
Docket No. IMD-2021-02; Page 102 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 2
March 2020 (Revised February 2021)
2
40 CFR 124.3(a)(2)
(See also
145.11(a)(24))
The Director shall not begin the processing of a permit
until the applicant has fully complied with the
application requirements for that permit. See §144.31
(UIC).
§613611.B.2
through
613611.B.3
2. Check for 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;the commissioner shall not issue a
permit before receiving an application form and any
required supplemental information which are
completed to his satisfaction;
b. each application for a permit submitted for a
new UIC injection well will be reviewed for
completeness by the commissioner and the applicant
will be notified of the commissioner's decision within
30 days of its receipt. Each application for a permit
submitted for an existing injection well will be
reviewed for completeness and the applicant will be
notified of the commissioner's decision within 60
day60 days of receipt. Upon completing the review,
the commissioner shall notify the applicant in writing
whether the application is complete.
3. Incomplete Applications
a. If the application is incomplete, the
commissioner shall list in the notification in
§613611.B.2.b above, the information necessary to
make the application 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.
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.
Text is similar, with no impact on
stringency.
Note that 61611.B.3 was not in the
crosswalk LA submitted; added in
review.
August 2020 review: revised text
addresses the above comment;
state provision is similar to CFR,
except for emergency permits. No
concerns for stringency.
Docket No. IMD-2021-02; Page 103 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 3
March 2020 (Revised February 2021)
3
40 CFR 124.3(a)(3)
(See also
145.11(a)(24))
Permit applications must comply with the signature and
certification requirements of § 144.32 (UIC).
§603605.E
through
603605.G
E. Signature Requirements. All permit
applications shall be signed as follows.
1. Corporations. By a principal executive
officer of at least the level of vice-president, or duly
authorized representative of that person if the
representative performs similar policy making
functions for the corporation. A person is a duly
authorized representative only if:
a. the authorization is made in writing by a
principle executive officer of at least the level of vice-
president;
b. the authorization specifies either an
individual or position having responsibility for the
overall operation of a sequestration well, such as the
position of plant manager, superintendent, or position
of equivalent responsibility. A duly authorized
representative may thus be either a named individual
or any individual occupying a named position; and
c. the written authorization is submitted to the
Office of Conservation.
2. Limited Liability Company (LLC). By a
member if the LLC is member-managed, by a
manager if the LLC is manager-managed, or by a duly
authorized representative only if:
a. the authorization is made in writing by an
individual who would otherwise have signature
authority as outlined in §603605.E.2 above;
b. the authorization specifies either an
individual or position having responsibility for the
overall operation of a solution-mining well, such as
the position of plant manager, superintendent, or
position of equivalent responsibility. A duly
authorized representative may thus be either a named
individual or any individual occupying a named
position; and
c. the written authorization is submitted to the
Office of Conservation.
3. Partnership or Sole Proprietorship. By a
general partner or proprietor, respectively; or
4. Public Agency. By either a principal
executive officer or a ranking elected official of a
municipality, state, federal, or other public agency.
F. Signature Reauthorization. If an
authorization under §603605.E is no longer accurate
While the language at §603607.E
through 603607.E.4 is not
verbatim to 40 CFR 144.32, the
intent of the federal rule is
preserved; that being, designation
of a duly authorized representative
by applicants, permittees, or any
person required to have a permit.
Text is similar, with no impact on
stringency. See also 144.32 for
specifics of the comparison to LA
vs. CFR.
Docket No. IMD-2021-02; Page 104 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 4
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
because a different individual or position has
responsibility for the overall operation of a
sequestration well, a new authorization satisfying the
signature requirements must be submitted to the
Office of Conservation before or concurrent with any
reports, information, or applications required to be
signed by an authorized representative.
G. Certification. Any person signing a
document under §603605.E shall make the following
certification on the application:
"I certify under penalty of law that I have personally
examined and am familiar with the information
submitted in this document and all attachments and
that based on my inquiry of those individuals
immediately responsible for obtaining the
information, I believe that the information is true,
accurate, and complete. I am aware that there are
significant penalties for submitting false information,
including the possibility of fine and/or imprisonment."
40 CFR 124.5 Modification, revocation and reissuance, or termination of permits.
4
40 CFR 124.5(a)
(See also
145.11(a)(25))
(Applicable to State programs, see §145.11 (UIC).)
Permits may be modified, revoked and reissued, or
terminated either at the request of any interested person
(including the permittee) or upon the Director’s
initiative. However, permits may only be modified,
revoked and reissued, or terminated for the reasons
specified in § 144.39 or 144.40 (UIC). All requests shall
be in writing and shall contain facts or reasons
supporting the request.
§613613.B.2
through
613613.B.3
2. The permittee shall furnish to the
commissioner, within 30 days, any information which
the commissioner may request to determine whether
cause exists for modifying, revoking and reissuing, or
terminating a permit, or to determine compliance with
the permit. The permittee shall also furnish to the
commissioner, upon request, copies of records
required to be kept by the permit.
3. The commissioner may, upon his own
initiative or at the request of any interested person,
review any permit to determine if cause exists to
modify, revoke and reissue, or terminate the permit
for the reasons specified in §613613.C, D, and E. All
requests shall be in writing and shall contain facts or
reasons supporting the request.
In addition to the text at 40 CFR
145.11 the following language has
been added at §613613.B.2: the
permittee shall furnish to the
commissioner, within 30 days,
any information which the
commissioner may request to
determine whether cause exists for
modifying, revoking and
reissuing, or terminating a permit,
or to determine compliance with
the permit. The permittee shall
also furnish to the commissioner,
upon request, copies of records
required to be kept by the permit.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 105 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 5
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
5
40 CFR 124.5(b)
If the Director decides the request is not justified, he or
she shall send the requester a brief written response
giving a reason for the decision. Denials of requests for
modification, revocation and reissuance, or termination
are not subject to public notice, comment, or hearings.
Denials by the Regional Administrator may be
informally appealed to the Environmental Appeals
Board by a letter briefly setting forth the relevant facts.
The Environmental Appeals Board may direct the
Regional Administrator to begin modification,
revocation and reissuance, or termination proceedings
under paragraph (c) of this section. The appeal shall be
considered denied if the Environmental Appeals Board
takes no action on the letter within 60 day60 days after
receiving it. This informal appeal is, under 5 U.S.C.
704, a prerequisite to seeking judicial review of EPA
action in denying a request for modification, revocation
and reissuance, or termination.
§613613.B.4
4. If the commissioner decides the request is
not justified, he shall send the person making the
request a brief written response giving a reason for the
decision. Denials of requests for modification,
revocation and reissuance, or termination are not
subject to public notice, comment, or hearings.
Text is identical but does not
include “Denials by the Regional
Administrator…” (that provision
is specific to EPA decisions and
not applicable to states).
6
40 CFR 124.5(c)(1)
(See also
145.11(a)(25))
(Applicable to State programs, see 40 CFR 145.11
(UIC)). (1) If the Director tentatively decides to modify
or revoke and reissue a permit under 404 CFR 144.39
(UIC), he or she shall prepare a draft permit under §
124.6 incorporating the proposed changes. The Director
may request additional information and, in the case of a
modified permit, may require the submission of an
updated application. In the case of revoked and reissued
permits, the Director shall require the submission of a
new application.
§613613.B.5
5. If the commissioner decides to modify or
revoke and reissue a permit under §613613.C, D, and
E, he shall prepare a draft permit under §613611.C
incorporating the proposed changes. The
commissioner may request additional information and,
in the case of a modified permit, may require the
submission of an updated permit application. In the
case of revoked and reissued permits, the
commissioner shall require, if necessary, the
submission of a new application.
Text drops “tentatively” and
makes the submission of a new
application required only if
necessary. No impact on
stringency.
7
40 CFR 124.5(c)(2)
(See also
145.11(a)(25))
In a permit modification under this section, only those
conditions to be modified shall be reopened when a new
draft permit is prepared. All other aspects of the existing
permit shall remain in effect for the duration of the
unmodified permit. When a permit is revoked and
reissued under this section, the entire permit is reopened
just as if the permit had expired and was being reissued.
During any revocation and reissuance proceeding the
permittee shall comply with all conditions of the
existing permit until a new final permit is reissued.
§613613.B.5
6. In a permit modification under this section,
only those conditions to be modified shall be reopened
when a new draft permit is prepared. All other aspects
of the existing permit shall remain in effect for the
duration of the unmodified permit. When a permit is
revoked and reissued under this section, the entire
permit is reopened just as if the permit had expired
and was being reissued. During any revocation and
reissuance proceeding the permittee shall comply with
all conditions of the existing permit until a new final
permit is reissued.
Text is identical.
Docket No. IMD-2021-02; Page 106 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 6
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
8
40 CFR 124.5(c)(3)
(See also
145.11(a)(25))
‘‘Minor modifications’’ as defined in § 144.41 (UIC)
are not subject to the requirements of this section.
§613613.D
D. Minor Modifications of Permits. Upon the
consent of the permittee, the commissioner may
modify a permit to make the corrections or allowances
for changes in the permitted activity listed in this
Section without issuing a draft permit and providing
for public comment. Minor modifications may only:
Text is similar, with no impact on
stringency.
9
40 CFR 124.5(d)(1)
(See also
145.11(a)(25))
(Applicable to State programs, see §145.11 (UIC) of
this chapter.) (1) If the Director tentatively decides to
terminate: A permit under § 144.40 (UIC) of this
chapter, he or she shall issue a notice of intent to
terminate. A notice of intent to terminate is a type of
draft permit which follows the same procedures as any
draft permit prepared under § 124.6 of this chapter.
§613613.E.2
2. If the commissioner decides to terminate a
permit, he shall issue a notice of intent to terminate. A
notice of intent to terminate is a type of draft permit
which follows the same procedures as any draft permit
prepared under §613611.C.
Text is similar, with no impact on
stringency.
40 CFR 124.6 Draft permits.
10
40 CFR 124.6(a)
(See also
145.11(a)(26))
(Applicable to State programs, see §145.11 (UIC).)
Once an application is complete, the Director shall
tentatively decide whether to prepare a draft permit or
to deny the application.
§613611.C.1
1. Once an application is complete, the
commissioner shall prepare a draft permit or deny the
application.
Text is similar, with no impact on
stringency.
11
40 CFR 124.6(b)
If the Director tentatively decides to deny the permit
application, he or she shall issue a notice of intent to
deny. A notice of intent to deny the permit application
is a type of draft permit which follows the same
procedures as any draft permit prepared under this
section. See § 124.6(e). If the Director’s final decision
(§ 124.15) is that the tentative decision to deny the
permit application was incorrect, he or she shall
withdraw the notice of intent to deny and proceed to
prepare a draft permit under paragraph (d) of this
section.
N/A
N/A. This provision is not required
for state programs.
12
40 CFR 124.6(d)
(See also
145.11(a)(26))
(Applicable to State programs, see §145.11 (UIC).) If
the Director decides to prepare a draft permit, he or she
shall prepare a draft permit that contains the following
information:
§613611.C.3
3. If the commissioner prepares a draft permit,
it shall contain the following information where
appropriate:
In addition to the text at 40 CFR
145.11(a)(26), the following
language has been added at
§613611.C.3: where appropriate.
Text is similar, with no impact on
stringency.
13
40 CFR 124.6(d)(1)
(See also
145.11(a)(26))
All conditions under §144.51 and 144.42 (UIC);
§603609.C.3.a
a. all conditions under §§603609, §613615, §
613617, §613619, §623621, §623623, §623625,
§623627, §623629, and §6313631;
Text is similar, with no impact on
stringency.
August 2020 review: minor edits,
no impact on stringency.
Docket No. IMD-2021-02; Page 107 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 7
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
14
40 CFR 124.6(d)(2)
(See also
145.11(a)(26))
All compliance schedules under §144.53 (UIC);
§603609.C.3.b
b. all compliance schedules under §603609.N;
and
Text is similar, with no impact on
stringency.
15
40 CFR 124.6(d)(3)
(See also
145.11(a)(26))
All monitoring requirements under §144.54 (UIC); and
§603609.C.3.c
c. all monitoring requirements under
applicable Paragraphs in §623625.
Text is similar, with no impact on
stringency.
16
40 CFR
124.6(d)(4)(ii)
(See also
145.11(a)(26))
For:
***
UIC permits, permit conditions under § 144.52;
§603609.O,
§613617,
§613615.C,
§623621,
§623625,
§603609.C,
§603609.P
See §§ 603609.O, 613617, 613615.C, 623621,
623625, 603609.C, and 603609.P.
Reviewed; no issues found.
17
40 CFR 124.6(e)
(See also
145.11(a)(26))
(Applicable to State programs, see §145.11 (UIC).)
Draft permits prepared by a State shall be accompanied
by a fact sheet if required under § 124.8.
§613611.C.4
4. All draft permits prepared under this Section
may be accompanied by a fact sheet pursuant to
§613611.D, and shall be publicly noticed in
accordance with §613611.E, and made available for
public comment pursuant to §613611.F.
Text is similar, with no impact on
stringency.
40 CFR 124.8 Fact sheet.
18
40 CFR 124.8(a)
(See also
145.11(a)(27))
A fact sheet shall be prepared for every draft permit for
a major, UIC facility or activity, and for every draft
permit which the Director 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 permit. The
Director shall send this fact sheet to the applicant and,
on request, to any other person.
§613611.D.1
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.
Text is similar, with no impact on
stringency.
19
40 CFR 124.8(b)
(See also
145.11(a)(27))
The fact sheet shall include, when applicable:
§613611.D.2
2. The fact sheet shall include, when
applicable:
Text is identical.
20
40 CFR 124.8(b)(1)
(See also
145.11(a)(27))
A brief description of the type of facility or activity
which is the subject of the draft permit;
§613611.D.2.a
a. a brief description of the type of facility or
activity which is the subject of the draft permit;
Text is identical.
21
40 CFR 124.8(b)(2)
(See also
145.11(a)(27))
The type and quantity of wastes, fluids, or pollutants
which are proposed to be or are being treated, stored,
disposed of, injected, emitted, or discharged.
§613611.D.2.b
b. the type and quantity of wastes, fluids, or
pollutants which are proposed to be or are being
injected;
The struck-out text of 40 CFR
124.8(b)(2) will not be adopted.
Text also does not include
provisions for wastes being
treated, stored, or disposed of.
This is not an issue for CO
2
injection for GS.
Docket No. IMD-2021-02; Page 108 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 8
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
22
40 CFR 124.8(b)(4)
(See also
145.11(a)(27))
A brief summary of the basis for the draft permit
conditions including references to applicable statutory
or regulatory provisions;
§613611.D.2.c
c. a brief summary of the basis for the draft
permit conditions including references to applicable
statutory or regulatory provisions;
Text is identical.
23
40 CFR 124.8(b)(5)
(See also
145.11(a)(27))
Reasons why any requested variances or alternatives to
required standards do or do not appear justified;
§613611.D.2.d
d. reasons why any requested variances or
alternatives to required standards do or do not appear
justified;
Text is identical.
24
40 CFR 124.8(b)(6)
(See also
145.11(a)(27))
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 § 124.10
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.
§§613611.D.2.
e.i though
613611.D.2.e.ii
i
i. the beginning and ending dates of the
comment period under §613611.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;
Text is identical. §611.D.2.e
matches the introductory clause.
25
40 CFR 124.8(b)(7)
(See also
145.11(a)(27))
Name and telephone number of a person to contact for
additional information.
§613611.D.2.f
f. name and telephone number of a person to
contact for information.
Text is identical.
40 CFR 124.10 Public notice of permit actions and public comment period.
26
40 CFR 124.10(a)(1)
(See also
145.11(a)(28))
Scope. (1) The Director shall give public notice that the
following actions have occurred:
§613611.E.1.a
a. The commissioner shall give public notice
that the following actions have occurred:
Text is identical.
27
40 CFR
124.10(a)(1)(i)
A permit application has been tentatively denied under
§ 124.6(b);
N/A
N/A. This provision is not required
for state programs.
28
40 CFR
124.10(a)(1)(ii)
(See also
145.11(a)(28))
(Applicable to State programs, see §145.11 (UIC).) A
draft permit has been prepared under § 124.6(d);
§613611.E.1.a.i
i. a draft permit has been prepared under
§613611.C; and
Text is similar, with no impact on
stringency.
29
40 CFR
124.10(a)(1)(iii)
(See also
145.11(a)(28))
(Applicable to State programs, see §145.11 (UIC).) A
hearing has been scheduled under § 124.12;
§613611.E.1.a.i
i
ii. a hearing has been scheduled under
§613611.G.
Text is similar, with no impact on
stringency.
30
40 CFR
124.10(a)(1)(iv)
An appeal has been granted under § 124.19(c);
N/A
N/A. This provision is not required
for state programs.
31
40 CFR 124.10(a)(2)
No public notice is required when a request for permit
modification, revocation and reissuance, or termination
is denied under § 124.5(b). Written notice of that denial
shall be given to the requester and to the permittee.
N/A
N/A. This provision is not required
for state programs.
Docket No. IMD-2021-02; Page 109 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 9
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
32
40 CFR 124.10(b)(1)
(See also
145.11(a)(28))
Timing (applicable to State programs, see §145.11
(UIC)).
Public notice of the preparation of a draft permit
(including a notice of intent to deny a permit
application) required under paragraph (a) of this section
shall allow at least 30 days for public comment.
§613611.E.2.a
a. Public notice of the preparation of a draft
permit (including a notice of intent to deny a permit
application) required under §613611.E.1 shall allow
30 days for public comment.
The struck-out text of 40 CFR
124.10(b)(1) will not be adopted.
§611.E.1 does not include notice
of intent to deny a permit
application. Elimination of the
struck out text is acceptable as
long as the comment period may
not be shorter than 30 days.
August 2020 review: the added
text would address the above
comment and make the state
provision similar to the CFR.
However, this text is not included
in the July version of the Rule.
EPA August Review: LA should
add their inserted crosswalk text
from the “LA Rule Text” column
“(including a notice of intent to
deny a permit application)” to LA
Rule under 611.E.2.a
EPA September Review: The
added text addresses August
comment; EPA has no further
concerns.
33
40 CFR 124.10(b)(2)
(See also
145.11(a)(28))
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.)
§613611.E.2.b
b. Public notice of a public hearing shall be
given 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).
The struck-out text of 40 CFR
124.10(b)(2) will not be adopted.
Text is similar, with no impact on
stringency. Elimination of the
struck out text is acceptable as
long as notice of a hearing may
not be less than 30 days.
34
40 CFR 124.10(c)(1)
(See also
145.11(a)(28))
Methods (applicable to State programs, see 40 CFR
145.11 (UIC)). Public notice of activities described in
paragraph (a)(1) of this section shall be given by the
following methods: (1) By mailing a copy of a notice to
the following persons (any person otherwise entitled to
receive notice under this paragraph may waive his or
her rights to receive notice for any classes and
categories of permits);
§613611.E.3.
through
613611.E.3.a
3. Methods. Public notice of activities
described in §613611.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):
The following language has been
added at §613611.E.3.a: or by
electronic mailing (e-mailing).
Clarification may be needed
regarding whether all interested
members of the public without
email addresses will receive
notice. August 2020 review: added
text addresses the above comment;
no concerns for stringency.
35
40 CFR
124.10(c)(1)(i)
(See also
145.11(a)(28))
The applicant;
§613611.E.3.a.i
i. the applicant;
Text is identical.
Commented [KS2]: Updated
Docket No. IMD-2021-02; Page 110 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 10
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
36
40 CFR
124.10(c)(1)(ii)
(See also
145.11(a)(28))
Any other agency which the Director knows has issued
or is required to issue a RCRA, UIC, PSD (or other
permit under the Clean Air Act), NPDES, 404, sludge
management permit, or ocean dumping permit under the
Marine Research Protection and Sanctuaries Act for the
same facility or activity (including EPA when the draft
permit is prepared by the State);
§613611.E.3.a.i
i
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);
While the language at
§613611.E.3.a.ii is not verbatim to
40 CFR 124.10(c)(1)(ii), the intent
of the federal rule is preserved:
that being, any agency that has
issued or is required to issue a
permit for the same facility or
activity shall receive a copy of a
public notice of activities.
Reviewed; no issues found.
37
40 CFR
124.10(c)(1)(iii)
(See also
145.11(a)(28))
Federal and State agencies with jurisdiction over fish,
shellfish, and wildlife resources and over coastal zone
management plans, the Advisory Council on Historic
Preservation, State Historic Preservation Officers,
including any affected States (Indian Tribes). (For
purposes of this paragraph, and in the context of the
Underground Injection Control Program only, the term
State includes Indian Tribes treated as States.)
§613611.E.3.a.i
ii
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 Resources, 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
While the language at
§613611.E.3.a.iii is not verbatim
to 40 CFR 124.10(c)(1)(iii), the
intent of the federal rule is
preserved: that being, although the
state requirements do not specify
that notice be given to the same
entities required by the federal
rule, they do include notice to
“other appropriate government
authorities.”
Text does not include stipulation
that Indian Tribes be treated as
states, or that they are included as
“appropriate government
authorities.” State is specifically
defined under §601 to mean the
state of Louisiana. August 2020
review: added text addresses the
above comment; state provision is
now similar to CFR.
38
40 CFR
124.10(c)(1)(ix)(A)
(See also
145.11(a)(28))
Persons on a mailing list developed by: (A) Including
those who request in writing to be on the list;
§613611.E.3.a.i
v and
613611.E.3.a.iv
.(a)
iv. persons on a UIC mailing list developed by:
(a). including those who request in writing to be
on the list;
Text is identical.
39
40 CFR
124.10(c)(1)(ix)(B)
(See also
145.11(a)(28))
Soliciting persons for “area lists” from participants in
past permit proceedings in that area; and
§613611.E.3.a.i
v
(b). soliciting persons for “area lists” from
participants in past permit proceedings in that area;
and
Text is identical.
40
40 CFR
124.10(c)(1)(ix)(C)
(See also
145.11(a)(28))
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 Director may update the mailing list
from time to time by requesting written indication of
continued interest from those listed. The Director may
delete from the list the name of any person who fails to
respond to such a request.)
§613611.E.3.a.i
v
(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.)
Text is identical.
Docket No. IMD-2021-02; Page 111 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 11
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
41
40 CFR
124.10(c)(1)(x)
(See also
145.11(a)(28))
(A) To any unit of local government having jurisdiction
over the area where the facility is proposed to be
located; and (B) to each State agency having any
authority under State law with respect to the
construction or operation of such facility.
§613611.E.3.a.i
i through
613611.E.3.a.iii
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 Resources, 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
While the language at 40 CFR
124.10(c)(1)(x) is not adopted, the
intent of the federal rule is
preserved, in that the notification
process outlined at
§613611.E.3.a.ii though
613611.E.3.a.iii sufficiently
account for notification agencies
or government bodies that might
be deemed to have an interest in
the proceedings even if that body
is not explicitly enumerated in the
text.
The text leaves out any provision
for the notification of local units of
government. August 2020 review:
revised text addresses the above
comment; state provision is now
similar to CFR.
42
40 CFR
124.10(c)(1)(xi)
(See also
145.11(a)(28))
For Class VI injection well UIC permits, mailing or
emailing a notice to State and local oil and gas
regulatory agencies and State agencies regulating
mineral exploration and recovery, the Director of the
Public Water Supply Supervision program in the State,
and all agencies that oversee injection wells in the State.
§613611.E.3.a.i
ii
See above.
While the language at
§613611.E.3.a.iii is not verbatim
to 40 CFR 124.10(c)(1)(xi), the
intent of the federal rule is
preserved: that being, although the
state requirements does not
specify that notice be given to the
same entities required by the
federal rule, they do include
notice to “other appropriate
government authorities.”the
Department of Natural Resources,
as the agency that regulates oil
and gas, mineral exploration and
recovery, and injection wells, will
be notified.
The text does not stipulate whether
State and local oil and gas
regulatory agencies, or State
agencies regulating mineral
exploration and recovery, are
considered “appropriate
government authorities.” It should
be noted that LA chose to
specifically mention the Director
of the Public Water Supply
Supervision program, but omitted
the other agencies mentioned by
the CFR text.
August 2020 review: added text
addresses the above comment.
43
40 CFR
124.10(c)(2)(i)
(See also
145.11(a)(28))
For major permits publication of a notice in a daily or
weekly newspaper within the area affected by the
facility or activity;
§613611.E.3.b
c. publication of a notice in a daily or weekly
newspaper within the area affected by the facility or
activity;
The struck-out text of 40 CFR
124.10(c)(2)(i) will not be
adopted.
Reviewed; no issues found.
44
40 CFR 124.10(c)(3)
(See also
145.11(a)(28))
When the program is being administered by an
approved State, in a manner constituting legal notice to
the public under State law; and
§613611.E.3.c
c. in a manner constituting legal notice to the
public under state law; and
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 112 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 12
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
45
40 CFR 124.10(c)(4)
(See also
145.11(a)(28))
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 forum or medium to elicit public participation.
§613611.E.3.d
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.
Text is identical.
46
40 CFR 124.10(d)(1)
(See also
145.11(a)(28))
Contents (applicable to State programs, see §145.11
(UIC))—(1) All public notices. All public notices issued
under this part shall contain the following minimum
information:
§613611.E.4.a
a. All Public Notices. Public notices issued
under this Section shall contain the following
information:
While the language at
§613611.E.4.a is not verbatim to
40 CFR 124.10(d)(1), the intent of
the federal rule is preserved: that
being, the language in
§613611.E.4.a.vi indicates that
preceding list of information items
is not necessarily comprehensive.
Reviewed; no issues found.
47
40 CFR
124.10(d)(1)(i)
(See also
145.11(a)(28))
Name and address of the office processing the permit
action for which notice is being given;
§613611.E.4.a.i
i. name and address of the Division of the
Office of Conservation processing the permit action
for which notice is being given;
Text is similar, with no impact on
stringency.
48
40 CFR
124.10(d)(1)(ii)
(See also
145.11(a)(28))
Name and address of the permittee or permit applicant
and, if different, of the facility or activity regulated by
the permit;
§613611.E.4.a.i
i
ii. name and address of the permittee or permit
applicant and, if different, of the facility or activity
regulated by the permit;
Text is identical.
49
40 CFR
124.10(d)(1)(iii)
(See also
145.11(a)(28))
A brief description of the business conducted at the
facility or activity described in the permit application or
the draft permit.
§613611.E.4.a.i
ii
iii. a brief description of the business conducted
at the facility or activity described in the permit
application or the draft permit;
Text omits “draft permit;”
assuming these refer to the same
thing, this would not affect
stringency. August 2020 review:
added text addresses the above
comment; state provision is similar
to CFR.
50
40 CFR
124.10(d)(1)(iv)
(See also
145.11(a)(28))
Name, address and telephone number of a person from
whom interested persons may obtain further
information, including copies of the draft permit, fact
sheet, and the application; and
§613611.E.4.a.i
v
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;
In addition to the text at 40 CFR
124.10(d)(1)(iv), the following
language has been added at
§3611.E.4.a.iv: and further
information concerning the
application;
Text does not allow for obtaining
the application itself. August 2020
review: added text addresses the
above comment; state provision is
similar to CFR.
Docket No. IMD-2021-02; Page 113 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 13
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
51
40 CFR
124.10(d)(1)(v)
(See also
145.11(a)(28))
A brief description of the comment procedures required
by §§ 124.11 and 124.12 and the time and place of any
hearing that will be held, including a 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.
§613611.E.4.a.
v
v. a brief description of the comment
procedures required by §613611.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
In addition to the text at 40 CFR
124.10(d)(1)(v), the following
emphasized language has been
added: brief.
Text is similar, with no impact on
stringency. Adds “brief” before
statement. August 2020 review:
added text in “difference” column
addresses the above comment;
state text is similar to CFR.
52
40 CFR
124.10(d)(1)(x)
(See also
145.11(a)(28))
Any additional information considered necessary or
proper.
§613611.E.4.a.
vi
vi. any additional information considered
necessary or proper.
Text is identical.
EPA August Review: FYI; EPA
had an error in the original
crosswalk template; The CFR
citation is now correctly cited as
124.10 (d)(1)(x)
53
40 CFR 124.10(d)(2)
(See also
145.11(a)(28))
Public notices for hearings. In addition to the general
public notice described in paragraph (d)(1) of this
section, the public notice of a hearing under § 124.12
shall contain the following information:
§613611.E.4.b
b. Public Notices for Hearings. In addition to
the general public notice described in §613611.E.4.a,
the public notice of a hearing under §613611.G shall
contain the following information:
Text is similar, with no impact on
stringency.
54
40 CFR
124.10(d)(2)(i)
(See also
145.11(a)(28))
Reference to the date of previous public notices relating
to the permit;
§613611.E.4.b.i
i. reference to the date of previous public
notices relating to the permit;
Text is identical.
55
40 CFR
124.10(d)(2)(ii)
(See also
145.11(a)(28))
Date, time, and place of the hearing;
§613611.E.4.b.i
i
ii. date, time, and place of the hearing; and
Text is identical.
56
40 CFR
124.10(d)(2)(iii)
(See also
145.11(a)(28))
A brief description of the nature and purpose of the
hearing, including the applicable rules and procedures;
§613611.E.4.b.i
ii
iii. a brief description of the nature and purpose
of the hearing, including the applicable rules and
procedures.
Text is identical.
Docket No. IMD-2021-02; Page 114 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 14
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
57
40 CFR 124.10(e)
(See also
145.11(a)(28))
(Applicable to State programs, see §145.11 (UIC).) In
addition to the general public notice described in
paragraph (d)(1) of this section, all persons identified in
paragraphs (c)(1) (i), (ii), (iii), and (iv) of this section
shall be mailed a copy of the fact sheet, the permit
application (if any) and the draft permit (if any).
§613611.D.3
3. All persons identified in §§613611.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.
While the language at
§613611.D.3 is not verbatim to 40
CFR 124.10(e), the intent of the
federal rule is preserved; that
being, although copies of the draft
application will not be mailed to
all persons identified
§613611.E.3.a.i, ii, iii, and iv,
they will be notified that the
application is available online.
Clarification may be needed
regarding whether all interested
members of the public without
Internet access will receive proper
notice (i.e., if the permit
application would be mailed upon
request).
Note that the draft rule text reads:
3. A copy of the fact sheet
shall be mailed to all persons
identified in §611.E.3.a.i, ii, iii,
and iv.
August 2020 review: the rule
revision does not directly address
the above comment. However,
since 611.E.4.a.iv stipulates that
the fact sheet include a contact for
obtaining information concerning
the application, this is likely
acceptable.
40 CFR 124.11 Public comments and requests for public hearings.
58
40 CFR 124.11
(See also
145.11(a)(29))
(Applicable to State programs, see §145.11 (UIC).)
During the public comment period provided under§
124.10, 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 §
124.17.
§613611.F
F. Public Comments and Requests for Public
Hearings. During the public comment period provided
under §613611.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 §613611.H.
Text is similar, with no impact on
stringency.
40 CFR 124.12 Public hearings.
59
40 CFR 124.12(a)(1)
(See also
145.11(a)(30))
(Applicable to State programs, see §145.11 (UIC).) (1)
The Director shall hold a public hearing whenever he or
she finds, on the basis of requests, a significant degree
of public interest in a draft permit(s);
§613611.G.1
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 §613611.G.
The language from 40 CFR
124.12(a)(2) and 40 CFR
124.12(a)(4) has been added to the
text from 40 CFR 124.12(a)(1).
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 115 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 15
March 2020 (Revised February 2021)
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6060
40 CFR 124.12(a)(2)
(See also
145.11(a)(30))
The Director may also hold a public hearing at his or
her discretion, whenever, for instance, such a hearing
might clarify one or more issues involved in the permit
decision;
§613611.G.1
See above.
See above.
Reviewed; no issues found.
6161
40 CFR 124.12(a)(4)
(See also
145.11(a)(30))
Public notice of the hearing shall
be given as specified in § 124.10.
§613611.G.1
See above.
See above.
Reviewed; no issues found.
6262
40 CFR 124.12(c)
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 § 124.10 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.
§613611.G.2
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 §613611.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.
Text is similar, with no impact on
stringency.
63
40 CFR 124.12(d)
A tape recording or written transcript of the hearing
shall be made available to the public.
§613611.G.3
3. A tape recording or written transcript of the
hearing shall be made available to the public.
Text is identical.
40 CFR 124.15 Issuance and effective date of permit
64
40 CFR 124.15 (a)
After the close of the public comment period under §
124.10 on a draft permit, the Regional Administrator
shall issue a final permit decision. The Regional
Administrator shall notify the applicant and each person
who has submitted written comments or requested
notice of the final permit decision. This notice shall
include reference to the procedures for appealing a
decision on a UIC permit under § 124.19 of this part.
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.
§613611.I
I. Permit Issuance and Effective Date
1. After closure of the public comment period,
including any public hearing, under §613611.G on a
draft permit, the commissioner shall issue a final
permit decision within 30 days. The commissioner
shall notify the applicant and each person who has
submitted written comments or requested notice of the
final permit decision. 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.
In addition to the text at 40 CFR
124.15 (a), the following
emphasized language has been
added at §613611.I.1: within 30
days.
The struck-out text of 40 CFR
124.15 (a) will not be adopted.
LA comment omits emphasized
addition: “within 30 days.” The
rule text as written has no impact
on stringency.
The state rule does not include a
provision to describe procedures
for appealing a permit decision.
August 2020 review: added text
addresses the above comments;
state provision is similar to CFR.
No concerns for stringency.
65
No Equivalent
Federal Requirement
No Equivalent Federal Requirement
§613611.I.3
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.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 116 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 16
March 2020 (Revised February 2021)
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40 CFR 124.17 Response to comments.
66
40 CFR 124.17(a)
(See also
145.11(a)(31))
(Applicable to State programs, see § 145.11 (UIC).) At
the time that any final permit decision is issued under §
124.15, the Director shall issue a response to comments.
States are only required to issue a response to comments
when a final permit is issued. This response shall:
§613611.H.1
1. At the time that any final permit is issued
the commissioner shall issue a response to comments.
This response shall:
The struck-out text of 40 CFR
124.17(a) will not be adopted.
Reviewed; no issues found.
67
40 CFR 124.17(a)(1)
(See also
145.11(a)(31))
Specify which provisions, if any, of the draft permit
have been changed in the final permit decision, and the
reasons for the change; and
§613611.H.1.a
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
Text is identical.
68
40 CFR 124.17(a)(2)
(See also
145.11(a)(31))
Briefly describe and respond to all significant
comments on the draft permit raised during the public
comment period, or during any hearing.
§613611.H.1.b
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.
Text is similar, with no impact on
stringency.
69
40 CFR 124.17(c)
(See also
145.11(a)(31))
(Applicable to State programs, see §145.11 (UIC).) The
response to comments shall be available to the public.
§613611.H.2
2. The response to comments shall be available
to the public.
Text is identical.
PART 144--UNDERGROUND INJECTION CONTROL PROGRAM
SUBPART A--GENERAL PROVISIONS
40 CFR 144.1 Purpose and scope of Part 144.
70
40 CFR
144.1(f)(1)(viii
Subpart H of 40 CFR 146 sets forth requirements for
owners or operators of Class VI injection wells.
No analogous state text; no impact
on stringency. (This row was not
in the state’s original crosswalk.)
Docket No. IMD-2021-02; Page 117 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 17
March 2020 (Revised February 2021)
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71
40 CFR 144.1(g)
Scope of the permit or rule requirement. The UIC
permit program regulates underground injection by six
classes of wells (see definition of ‘‘well injection,’’ 40
CFR 144.3). The six classes of wells are set forth in 40
CFR 144.6. All owners or operators of these injection
wells must be authorized either by permit or rule by the
Director. In carrying out the mandate of the SDWA, this
subpart provides that no injection shall be authorized by
permit or rule if it results in the movement of fluid
containing any contaminant into underground sources of
drinking water (USDWs –see 40 CFR 144.3 for
definition), if the presence of that contaminant may
cause a violation of any primary drinking water
regulation under 40 CFR part 141 or may adversely
affect the health of persons (40 CFR 144.12). Existing
Class IV wells which inject hazardous waste directly
into an underground source of drinking water are to be
eliminated over a period of six months and new such
Class IV wells are to be prohibited (40 CFR 144.13).
For Class V wells, if remedial action appears necessary,
a permit may be required (40 CFR 144.25) or the
Director must require remedial action or closure by
order (40 CFR 144.6(c)). During UIC program
development, the Director may identify aquifers and
portions of aquifers which are actual or potential
sources of drinking water. This will provide an aid to
the Director in carrying out his or her duty to protect all
USDWs. An aquifer is a USDW if it fits the definition
under § 144.3, even if it has not been “identified.” The
Director may also designate “exempted aquifers” using
the criteria in 40 CFR 146.4 of this chapter.
N/A
Note that states are not expected
to have language equivalent to
this section, as the requirements
mentioned here are described in
more detail in other parts of the
regulation. They are included here
to provide background on and a
summary of the UIC program.
…
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 118 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 18
March 2020 (Revised February 2021)
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72
40 CFR 144.1(g)
continued
Such aquifers are those which would otherwise qualify
as “underground sources of drinking water” to be
protected, but which have no real potential to be used as
drinking water sources. Therefore, they are not USDWs.
No aquifer is an exempted aquifer until it has been
affirmatively designated under the procedures at §
144.7. Aquifers which do not fit the definition of
“underground source of drinking water” are not
“exempted aquifers.” They are simply not subject to the
special protection afforded USDWs. During initial
Class VI program development, the Director shall not
expand the areal extent of an existing Class II enhanced
oil recovery or enhanced gas recovery aquifer
exemption for Class VI injection wells and EPA shall
not approve a program that applies for aquifer
exemption expansions of Class II-Class VI exemptions
as part of the program description. All Class II to Class
VI aquifer exemption expansions previously issued by
EPA must be incorporated into the Class VI program
descriptions pursuant to requirements at § 145.23(f)(9).
N/A
Reviewed; no issues found.
40 CFR 144.3 Definitions.
73
40 CFR 144.3
Administrator means the Administrator of the United
States Environmental Protection Agency, or an
authorized representative.
N/A
This language is required only if
the state’s regulation does not
explicitly use the term “EPA
Administrator” when referring to
the EPA Administrator. For
example, if the state refers to the
EPA Administrator as simply “the
Administrator,” this definition is
required. If the state uses the term
“EPA Administrator” in its rule
language, no definition is
required.
Reviewed; no issues found. Note
that the state regulations do not
make any reference to the EPA
Administrator. This provision is
not required for state programs.
74
Application means the EPA standard national forms for
applying for a permit, including any additions, revisions
or modifications to the forms; or forms approved by
EPA for use in approved States, including any approved
modifications or revisions.
§603601.A
Application―the filing by a person on the Office of
Conservation forms for an underground injection
permit, including any additions, revisions or
modifications to the forms.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 119 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 19
March 2020 (Revised February 2021)
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75
Appropriate Act and regulations means the Solid Waste
Disposal Act, as amended by the Resource
Conservation and Recovery Act (RCRA); or Safe
Drinking Water Act (SDWA), whichever is applicable;
and applicable regulations promulgated under those
statutes.
N/A
N/A. This provision is not required
for state programs.
76
Approved State Program means a UIC program
administered by the State or Indian Tribe that has been
approved by EPA according to SDWA sections 1422
and/or 1425.
N/A
N/A. This provision is not required
for state programs.
77
Aquifer means a geological “formation,” group of
formations, or part of a formation that is capable of
yielding a significant amount of water to a well or
spring.
§603601.A
Aquifer―a geological formation, group of
formations, or part of a formation that is capable of
yielding a significant amount of water to a well or
spring.
Text is identical.
78
Area of review means the area surrounding an injection
well described according to the criteria set forth in §
146.06 or in the case of an area permit, the project area
plus a circumscribing area the width of which is either
1⁄4 of a mile or a number calculated according to the
criteria set forth in § 146.06.
N/A
A Class VI specific definition of
area of review is included with the
crosswalk analysis of definitions
under 40 CFR 146.81(d).
No state equivalent. The state rules
define the area of review for Class
VI projects in §615.B.1 (see
146.84).
August 2020 review: no concerns
for stringency.
79
Cesspool means a “drywell” that receives untreated
sanitary waste containing human excreta, and which
sometimes has an open bottom and/or perforated sides.
N/A
N/A. This provision is not required
for state programs.
80
Contaminant means any physical, chemical, biological,
or radiological substance or matter in water.
§603601.A
Contaminant―any physical, chemical, biological, or
radiological substance or matter in water.
Text is identical.
81
Director means the Regional Administrator, the State
director or the Tribal director as the context requires, or
an authorized representative. When there is no approved
State or Tribal program, and there is an EPA
administered program, “Director” means the Regional
Administrator. When there is an approved State or
Tribal program, “Director” normally means the State or
Tribal director. In some circumstances, however, EPA
retains the authority to take certain actions even when
there is an approved State or Tribal program. In such
cases, the term “Director” means the Regional
Administrator and not the State or Tribal director.
§603601.A
Commissioner―the Assistant Secretary of the Office
of Conservation, Department of Natural Resources.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 120 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 20
March 2020 (Revised February 2021)
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82
Draft permit means a document prepared under §124.6
indicating the Director's tentative decision to issue or
deny, modify, revoke and reissue, terminate, or reissue a
“permit.” A notice of intent to terminate a permit, and a
notice of intent to deny a permit, as discussed in §124.5
are types of “draft permits.” A denial of a request for
modification, revocation and reissuance, or termination,
as discussed in §124.5 is not a “draft permit.”
§603601.A
Draft Permit―a document prepared under
§613611.C.1 indicating the commissioner’s decision
to issue or deny, modify, revoke and reissue,
terminate, or reissue a permit. A notice of intent to
terminate a permit and a notice of intent to deny a
permit as discussed in §§§3613.E.2 and 3611.C 124.5
are types of “draft permits.” A denial of request for
modification, revocation and reissuance, or
termination, as discussed in §613613.B.4E is not a
draft permit.
The struck-out text of the federal
definition will not be adopted. A
notice of intent to terminate a
permit and a notice to deny a
permit will not be issued by the
commissioner.
Reviewed; no issues found. See
also §611.I/40 CFR 124.15(a).
EPA September Review: No
concerns for stringency.
Note: the added text in LA Rule
“as discussed in §124.5” .Should
the citation reference LA’s rule
(such as §613?) instead of EPA’s
CFR citation (124.5)?
83
Drilling mud means a heavy suspension used in drilling
an “injection well,” introduced down the drill pipe and
through the drill bit.
§603601.A
Drilling Mud―heavy suspension used in drilling an
injection well introduced down the drill pipe and
through the drill bit.
Text is identical.
84
Drywell means a well, other than an improved sinkhole
or subsurface fluid distribution system, completed
above the water table so that its bottom and sides are
typically dry except when receiving fluids.
§603601.A
Drywell―a well, other than an improved sinkhole or
subsurface fluid distribution system, completed above
the water table so that its bottom and sides are
typically dry except when receiving fluids.
Text is identical.
85
Eligible Indian Tribe is a Tribe that meets the statutory
requirements established at 42 U.S.C. 300j-11(b)(1).
N/A
N/A. This provision is not required
for state programs.
86
Emergency permit means a UIC “permit” issued in
accordance with § 144.34.
§603601.A
Emergency Permit―a UIC permit issued in
accordance with §115 or §515.
Text is similar, with no impact on
stringency.
87
Environmental Protection Agency (“EPA”) means the
United States Environmental Protection Agency.
§603601.A
USEPA—the United States Environmental Protection
Agency.
Text is similar, with no impact on
stringency.
88
Exempted aquifer means an “aquifer” or its portion that
meets the criteria in the definition of “underground
source of drinking water” but which has been exempted
according to the procedures in §144.7.
§603601.A
Exempted Aquifer―an aquifer or its portion that
meets the criteria of the definition of underground
source of drinking water but which has been exempted
according to the procedures set forth in §603603.F.
Text is similar, with no impact on
stringency.
89
Existing injection well means an “injection well” other
than a “new injection well.”
§603601.A
Existing Injection Well or Project―an injection well
or project other than a new injection well or project.
Language added to include
injection projects.
Reviewed; no issues found.
90
Facility or activity means any UIC “injection well,” or
any other facility or activity that is subject to regulation
under the UIC program.
§603601.A
Facility or Activity―any facility or activity, including
land or appurtenances thereto, that is subject to these
regulations.
While the language at §603601.A
is not verbatim to the federal
definition, the intent of the federal
rule is preserved; that being, the
facility, activity, and relevant
features are subject to these
regulations.
Reviewed; no issues found.
91
Fluid means any material or substance which flows or
moves whether in a semisolid, liquid, sludge, gas, or
any other form or state.
§603601.A
Fluid―any material or substance which flows or
moves whether in a semisolid, liquid, sludge, gas or
any other form or state.
Text is identical.
Formatted: Not Strikethrough
Commented [KS3]: EPA Update
Commented [LS4R3]: Updated
Docket No. IMD-2021-02; Page 121 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 21
March 2020 (Revised February 2021)
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92
Formation means a body of consolidated or
unconsolidated rock characterized by a degree of
lithologic homogeneity which is prevailingly, but not
necessarily, tabular and is mappable on the earth's
surface or traceable in the subsurface.
§603601.A
Formation―a body of consolidated or unconsolidated
rock characterized by a degree of lithologic
homogeneity revealingly, but not necessarily, tabular
and is mappable on the earth's surface or traceable in
the subsurface.
Text omits reference to
consolidated or unconsolidated.
No impact on stringency.
August 2020 review: definition is
similar to CFR; no concerns for
stringency.
93
Formation fluid means “fluid” present in a “formation”
under natural conditions as opposed to introduced
fluids, such as “drilling mud.”
§603601.A
Formation Fluid―fluid present in a formation under
natural conditions as opposed to introduced fluids,
such as drilling muds.
Text is similar, with no impact on
stringency.
94
Generator means any person, by site location, whose
act or process produces hazardous waste identified or
listed in 40 CFR part 261361.
§603601.A
Generator―any person, by site location, whose act or
process produces hazardous waste identified or listed
in the Louisiana Hazardous Waste Management
Program; or any person or entity who generates or
causes to be generated any fluid for well injection.
In addition to the federal
definition, the following language
has been added: or any person or
entity who generates or causes to
be generated any fluid for well
injection.
Reviewed; no issues found.
95
Geologic sequestration means the long-term
containment of a gaseous, liquid, or supercritical carbon
dioxide stream in subsurface geologic formations. This
term does not apply to carbon dioxide capture or
transport.
§603601.A
Geologic Sequestration—the long-term containment
of a gaseous, liquid, or supercritical carbon dioxide
stream in subsurface geologic formations. This term
does not apply to carbon dioxide capture or transport.
Text is identical.
96
Ground water means water below the land surface in a
zone of saturation.
§603601.A
Ground Water―water below the land surface in a
zone of saturation.
Text is identical.
97
Hazardous waste means a hazardous waste as defined in
40 CFR 261361.3.
§603601.A
Hazardous Waste―a hazardous waste as defined in
the Louisiana Hazardous Waste Management
Program.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 122 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 22
March 2020 (Revised February 2021)
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98
Hazardous waste management facility (“HWM
facility”) means all contiguous land, and structures,
other appurtenances, and improvements on the land
used for treating, storing, or disposing of hazardous
waste. A facility may consist of several treatment,
storage, or disposal operational units (for example, one
or more landfills, surface impoundments, or
combination of them).
HWM facility means “Hazardous Waste Management
facility”
N/A
N/A. This provision is not required
for state programs.
99
Improved sinkhole means a naturally occurring karst
depression or other natural crevice found in volcanic
terrain and other geologic settings which have been
modified by man for the purpose of directing and
emplacing fluids into the subsurface.
N/A
N/A. This provision is not required
for state programs.
100
Indian lands means “Indian country” as defined in 18
U.S.C. 1151. That section defines Indian country as: (a)
All land within the limits of any Indian reservation
under the jurisdiction of the United States government,
notwithstanding the issuance of any patent, and,
including rights-of-way running through the
reservation; (b) All dependent Indian communities
within the borders of the United States whether within
the original or subsequently acquired territory thereof,
and whether within or without the limits of a State; and
(c) All Indian allotments, the Indian titles to which have
not been extinguished, including rights-of-way running
through the same.
N/A
N/A. This provision is not required
for state programs.
101
Indian Tribe means any Indian Tribe having a Federally
recognized governing body carrying out substantial
governmental duties and powers over a defined area.
N/A
N/A. This provision is not required
for state programs.
Docket No. IMD-2021-02; Page 123 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 23
March 2020 (Revised February 2021)
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102
Injection well means a “well” into which “fluids” are
being injected.
§603601.A
Injection Well―a well into which fluids are being
injected other than fluids associated with active
drilling operations.
While the language at §603601.A
is not verbatim to the federal
definition, the intent of the federal
rule is preserved; that being,
injected fluids are those that are
injected for the purpose of storage
or disposal.
The description at §3601.A is a
narrower definition of injection
well that only applies to wells
where fluids are injected for the
purpose of storage and is more
stringent compared to the federal
rule.
Text applies only wells where
fluid is injected for storage, which
is a narrower definition of
injection well than the federal
regulation. This difference should
not impact stringency for the
purpose of CO
2
injection for GS.
August 2020 review: no concerns
for stringency.
103
Injection zone means a geological “formation” group of
formations, or part of a formation receiving fluids
through a “well.”
N/A
A Class VI-specific definition is
at §3601.A; see 40 CFR
146.81(d).
No state equivalent. A Class VI-
specific definition is at §601.A;
see 146.81(d). August 2020
review: no concerns for
stringency.
104
Interstate Agency means an agency of two or more
States established by or under an agreement or compact
approved by the Congress, or any other agency of two
or more States or Indian Tribes having substantial
powers or duties pertaining to the control of pollution as
determined and approved by the Administrator under
the “appropriate Act and regulations.”
N/A
N/A. This provision is not required
for state programs.
105
Major facility means any UIC “facility or activity”
classified as such by the Regional Administrator, or, in
the case of approved State programs, the Regional
Administrator in conjunction with the State Director.
§603601.A
Major Facility―any Class I or IV hazardous waste
injection well facility or activity.
Text applies only to hazardous
waste injection well facilities.
106
Manifest means the shipping document originated and
signed by the “generator” which contains the
information required by subpart B of 40 CFR part
262362.
§603601.A
Manifest―the shipping document originated and
signed by the generator which contains the
information required by the Hazardous Waste
Management Program.
Text is similar, with no impact on
stringency.
107
New injection wells means an “injection well” which
began injection after a UIC program for the State
applicable to the well is approved or prescribed.
§603601.A
New Injection Well―a well which began injection
after the Louisiana Underground Injection Control
program is approved and the applicable (Office of
Conservation) rules and regulations are promulgated.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 124 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 24
March 2020 (Revised February 2021)
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108
Owner or operator means the owner or operator of any
“facility or activity” subject to regulation under the UIC
program.
§603601.A
Operator―the person recognized as being responsible
to the Office of Conservation for the well, site,
facility, or activity subject to regulatory authority
under these rules and regulations. The operator can,
but need not be, the owner of the well, site, facility, or
activity.
Owner―the person that owns any well, site, facility,
or activity subject to regulation under the UIC
program. The owner can, but need not be, the operator
of the well, site, facility, or activity.
Text is similar, with no impact on
stringency.
109
Permit means an authorization, license, or equivalent
control document issued by EPA or an approved State
to implement the requirements of this part, parts 145,
146 and 124. “Permit” includes an area permit
(§144.33) and an emergency permit (§144.34). Permit
does not include UIC authorization by rule (§144.21), or
any permit which has not yet been the subject of final
agency action, such as a “draft permit.”
§603601.A
Permit―an authorization, license, or equivalent
control document issued by the commissioner to
implement the requirements of these regulations.
Permit includes, but it is not limited to, area permits
and emergency permits. Permit does not include UIC
authorization by rule or any permit which has not yet
been the subject of final agency action, such as a draft
permit.
Text is similar, with no impact on
stringency.
110
Person means an individual, association, partnership,
corporation, municipality, state, federal, or tribal
agency, or an agency or employee thereof
§603601.A
Person—any natural person, individual, association,
corporation, partnership, limited liability company, or
other entity, receiver, tutor, curator, executor,
administrator, fiduciary, municipality, state or federal
agency, or an agent or employee of the
aforementioned thereof.
In addition to the federal
definition, the following language
has been added: partnership,
limited liability company, or other
entity, receiver, tutor, curator,
executor, administrator, fiduciary.
Reviewed; no issues found.
Partnership is included in the CFR
text.
August 2020 review: no concerns
for stringency.
111
Plugging means the act or process of stopping the flow
of water, oil or gas into or out of a formation through a
borehole or well penetrating that formation.
§603601.A
Plugging―the act or process of stopping the flow of
water, oil or gas into or out of a formation through a
borehole or well penetrating that formation.
Text is identical.
112
Point of injection means the last accessible sampling
point prior to waste fluids being released into the
subsurface environment through a Class V injection
well. For example, the point of injection of a Class V
septic system might be the distribution box—the last
accessible sampling point before the waste fluids drain
into the underlying soils. For a dry well, it is likely to be
the well bore itself.
§603601.A
Point of Injection―the last accessible sampling point
prior to waste fluids being released into the subsurface
environment through a Class V injection well. For
example, the point of injection of a Class V septic
system might be the distribution box, the last
accessible sampling point before the waste fluids
drain into the underlying soils. For a dry well, it is
likely to be the well bore itself.
Text is identical.
113
Project means a group of wells in a single operation.
§603601.A
Project―a group of wells in a single operation.
Text is identical.
Docket No. IMD-2021-02; Page 125 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 25
March 2020 (Revised February 2021)
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114
Radioactive Waste means any waste which contains
radioactive material in concentrations which exceed
those listed in 10 CFR part 20, appendix B, table II,
column 2.
§603601.A
Radioactive Waste―any waste which contains
radioactive material for which no use or reuse is
intended and which is to be discarded.
While the language at §3601.A
defines radioactive waste with
regards to intended use or reuse of
radioactive material rather than
the concentration referenced in the
federal language, the difference
does not impact stringency of
Class VI rules.
Text makes no reference to
concentrations of said waste. No
impact on stringency for Class VI
purposes.
August 2020 review: no concerns
for stringency.
115
RCRA means the Solid Waste Disposal Act as amended
by the Resource Conservation and Recovery Act of
1976 (Pub. L. 94–580, as amended by Pub. L. 95–
603609, Pub. L. 96–510, 42 U.S.C. 6901 et seq.).
§603601.A
RCRA―the Solid Waste Disposal Act as amended by
the Resource Conservation and Recovery Act of 1976
(P.L. 94-580 as amended by P.L. 95-603609, 42
U.S.C. 6901 et seq.).
Text is similar, with no impact on
stringency.
116
Regional Administrator means the Regional
Administrator of the appropriate Regional Office of the
Environmental Protection Agency or the authorized
representative of the Regional Administrator.
N/A
N/A. This provision is not required
for state programs.
117
Sanitary waste means liquid or solid wastes originating
solely from humans and human activities, such as
wastes collected from toilets, showers, wash basins,
sinks used for cleaning domestic areas, sinks used for
food preparation, clothes washing operations, and sinks
or washing machines where food and beverage serving
dishes, glasses, and utensils are cleaned. Sources of
these wastes may include single or multiple residences,
hotels and motels, restaurants, bunkhouses, schools,
ranger stations, crew quarters, guard stations,
campgrounds, picnic grounds, day-use recreation areas,
other commercial facilities, and industrial facilities
provided the waste is not mixed with industrial waste.
N/A
N/A. This provision is not required
for state programs.
118
Schedule of compliance means a schedule of remedial
measures included in a “permit,” including an
enforceable sequence of interim requirements (for
example, actions, operations, or milestone events)
leading to compliance with the “appropriate Act and
regulations.”
N/A
N/A. This provision is not required
for state programs.
119
Septic system means a “well” that is used to emplace
sanitary waste below the surface and is typically
comprised of a septic tank and subsurface fluid
distribution system or disposal system.
N/A
N/A. This provision is not required
for state programs.
Docket No. IMD-2021-02; Page 126 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 26
March 2020 (Revised February 2021)
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120
SDWA means the Safe Drinking Water Act (Pub. L. 93–
523, as amended; 42 U.S.C. 300f et seq. ).
N/A
N/A. This provision is not required
for state programs.
121
Site means the land or water area where any “facility or
activity” is physically located or conducted, including
adjacent land used in connection with the facility or
activity.
§603601.A
Site―the land or water area where any facility or
activity is physically located or conducted including
adjacent land used in connection with the facility or
activity.
The state did not include the LA
text in their crosswalk; added in
review. Text is identical.
122
State means any of the 50 States, the District of
Columbia, Guam, the Commonwealth of Puerto Rico,
the Virgin Islands, American Samoa, the Trust Territory
of the Pacific Islands, the Commonwealth of the
Northern Mariana Islands, or an Indian Tribe treated as
a State.
§603601.A
State―the state of Louisiana.
The usage of the term “state” in
these regulations does not
encompass tribal entities.
The state did not include the LA
text in their crosswalk; added in
review.
Text makes no mention of Indian
tribes.
August 2020 review: state
comment is acknowledged; no
concerns for stringency.
123
State Director means the chief administrative officer of
any State, interstate, or Tribal agency operating an
“approved program,” or the delegated representative of
the State director. If the responsibility is divided among
two or more States, interstate, or Tribal agencies, “State
Director” means the chief administrative officer of the
State, interstate, or Tribal agency authorized to perform
the particular procedure or function to which reference
is made.
§603601.A
Commissioner―the Assistant Secretary of the Office
of Conservation, Department of Natural Resources.
Text is similar, with no impact on
stringency.
124
State/EPA agreement means an agreement between the
Regional Administrator and the State which coordinates
EPA and State activities, responsibilities and programs.
N/A
N/A. This provision is not required
for state programs.
125
Stratum (plural strata) means a single sedimentary bed
or layer, regardless of thickness, that consists of
generally the same kind of rock material.
§603601.A
Stratum (plural Strata)―a single sedimentary bed or
layer, regardless of thickness, that consists of
generally the same kind of rock material.
Text is identical.
126
Subsurface fluid distribution system means an
assemblage of perforated pipes, drain tiles, or other
similar mechanisms intended to distribute fluids below
the surface of the ground.
§603601.A
Subsurface Fluid Distribution System―an assemblage
of perforated pipes, drain tiles, or other similar
mechanisms intended to distribute fluids below the
surface of the ground.
Text is identical.
127
Total dissolved solids means the total dissolved
(filterable) solids as determined by use of the method
specified in 40 CFR part 136.
§603601.A
Total Dissolved Solids―the total dissolved filterable
solids as determined by use of the method specified in
the 14th edition, pp. 91-92, of Standard Methods for
the Examination of Water and Waste Water.
Text is similar, with no impact on
stringency. This provision is not
required for state programs.
128
Transferee means the owner or operator receiving
ownership and/or operational control of the well.
N/A
N/A. This provision is not required
for state programs.
Docket No. IMD-2021-02; Page 127 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 27
March 2020 (Revised February 2021)
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129
Transferor means the owner or operator transferring
ownership and/or operational control of the well.
N/A
N/A. This provision is not required
for state programs.
130
UIC means the Underground Injection Control program
under Part C of the Safe Drinking Water Act, including
an “approved State program.”
§603601.A
UIC―the Louisiana State Underground Injection
Control Program.
Text is similar, with no impact on
stringency.
131
Underground injection means a “well injection.”
§603601.A
Underground Injection―a well injection.
Text is identical.
132
Underground source of drinking water (USDW) means
an aquifer or its portion:
(a)(1) Which supplies any public water system; or
(2) Which contains a sufficient quantity of ground water
to supply a public water system; and
(i) Currently supplies drinking water for human
consumption; or
(ii) Contains fewer than 10,000 mg/l total dissolved
solids; and
(b) Which is not an exempted aquifer.
§603601.A
Underground Source of Drinking Water (USDW)―an
aquifer or its portion:
a. which supplies any public water system; or
b. which contains a sufficient quantity of
ground water to supply a public water system; and
i. currently supplies drinking water
for human consumption; or
ii. contains fewer than 10,000 mg/1
total dissolved solids; and which is not an exempted
aquifer.
Text is identical.
133
Well means: A bored, drilled, or driven shaft whose
depth is greater than the largest surface dimension; or, a
dug hole whose depth is greater than the largest surface
dimension; or, an improved sinkhole; or, a subsurface
fluid distribution system.
§603601.A
Well―a bored, drilled or driven shaft, whose depth is
greater than the largest surface dimension; or, a dug
hole whose depth is greater than the largest surface
dimension; or, an improved sinkhole; or, a subsurface
fluid distribution system.
Text is similar, with no impact on
stringency.
134
Well injection means the subsurface emplacement of
fluids through a well.
§603601.A
Well Injection―the subsurface emplacement of fluids
through an injection well.
Text is identical.
40 CFR 144.5 Confidentiality of information.
Docket No. IMD-2021-02; Page 128 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 28
March 2020 (Revised February 2021)
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135
40 CFR 144.5 (a)
In accordance with 40 CFR part 2, any information
submitted to EPA 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 form 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, EPA 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 40 CFR
part 2 (Public Information).
§603603.I
I. Confidentiality of Information. Information
obtained by any rule, regulations, order, or permit
term or condition adopted or issued hereunder, or by
any investigation authorized thereby, shall be
available to the public, unless nondisclosure is
requested in writing and such information is
determined by the commissioner to require
confidentiality to protect trade secrets, processes,
operations, style of work, apparatus, statistical data,
income, profits, losses, or in order to protect any plan,
process, tool, mechanism, or compound; provided that
such nondisclosure shall not apply to information that
is necessary for use by duly authorized officers or
employees of state or federal government in carrying
out their responsibilities under these regulations or
applicable federal or state law. If no claim is made at
the time of submission, the commissioner may make
the information available to the public without further
notice. Claims of confidentiality for the following
information shall be denied:
While the language at §603601.A
is not verbatim to the federal
definition, the intent of the federal
rule is preserved; that being,
information that is not determined
to require confidentiality shall be
made available to the public.
Reviewed; no issues found.
136
40 CFR 144.5 (b)
(See also
145.11(a)(1))
Claims of confidentiality for the following information
will be denied: (1) The name and address of any permit
applicant or permittee; (2) Information which deals with
the existence, absence, or level of contaminants in
drinking water.
§603603.I
through
603603.I.2
1. the name and address of any permit
applicant or permittee; and
2. information which deals with the existence,
absence, or level of contaminants in drinking water or
zones other than the approved injection zone.
The following language has been
added at §3603.I.2: or zones other
than the approved injection zone.
This language is more restrictive
than the federal equivalent as it
refers to the presence of
contaminants in any formation
outside of the approved injection
zone rather than just the USDW or
in the drinking water.
EPA: legal staff input on the
addition of “other than the
approved injection zone” is
requested. This should be
acceptable, since the injection
zone will by definition not be a
USDW.
August 2020 review: rule text
addresses comment; no concerns
for stringency.
40 CFR 144.6 Classification of wells
137
40 CFR 144.6
(See also
145.11(a)(2))
Injection wells are classified as follows:
Docket No. IMD-2021-02; Page 129 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 29
March 2020 (Revised February 2021)
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137
40 CFR 144.6(f)
(See also
145.11(a)(2))
Class VI. Wells that are not experimental in nature that
are used for geologic sequestration of carbon dioxide
beneath the lowermost formation containing a USDW;
or, wells used for geologic sequestration of carbon
dioxide that have been granted a waiver of the injection
depth requirements pursuant to requirements at § 146.95
of this chapter; or, wells used for geologic sequestration
of carbon dioxide that have received an expansion to the
areal extent of an existing Class II enhanced oil
recovery or enhanced gas recovery aquifer exemption
pursuant to §§ 146.4 of this chapter and 144.7(d).
§603603.C.1
1. Class VI. Wells not experimental in nature
that are used for geologic sequestration of carbon
dioxide beneath the lowermost formation containing a
USDW; or wells used for geologic sequestration of
carbon dioxide that have received an expansion to the
areal extent of an existing Class II enhanced oil
recovery or enhanced gas recovery aquifer exemption
pursuant to the appropriate parts of §603603.F.
The struck-out text of 40 CFR
144.6(f) will not be adopted.
Waivers of the injection depth
requirements for Class VI wells
will not be granted.
Reviewed; no issues found.
40 CFR 144.7 Identification of underground sources of drinking water and exempted aquifers
138
40 CFR 144.7(a)
(See also
145.11(a)(3))
The Director may identify (by narrative description,
illustrations, maps, or other means) and shall protect as
underground sources of drinking water, all aquifers and
parts of aquifers which meet the definition of
‘‘underground source of drinking water’’ in § 144.3,
except to the extent there is an applicable aquifer
exemption under paragraph (b) of this section or an
expansion to the areal extent of an existing Class II
enhanced oil recovery or enhanced gas recovery aquifer
exemption for the exclusive purpose of Class VI
injection for geologic sequestration under paragraph (d)
of this section. Other than EPA approved aquifer
exemption expansions that meet the criteria set forth in
§ 146.4(d) of this chapter, new aquifer exemptions shall
not be issued for Class VI injection wells. Even if an
aquifer has not been specifically identified by the
Director, it is an underground source of drinking water
if it meets the definition in § 144.3.
§603603.F.1
1. The commissioner may identify (by
narrative description, illustrations, maps, or other
means) and shall protect as an underground source of
drinking water, all aquifers or parts of aquifers which
meet the definition of an underground source of
drinking water., except where there is an applicable
aquifer exemption under §§603603.F.2 and 4, or an
expansion to the areal extent of an existing Class II
enhanced oil recovery or enhanced gas recovery
aquifer exemption for the exclusive purpose of Class
VI injection for geologic sequestration under
§1033603.F.4. Other than approved aquifer exemption
expansions that meet the criteria set forth in
§1033603.F.2.d, new aquifer exemptions shall not be
issued for Class VI injection wells. Even if an aquifer
has not been specifically identified by the
commissioner, it is an underground source of drinking
water if it meets the definition.
Text is similar, with no impact on
stringency.
Note, there is a typo (errant
period) in state rule text.
Should the references to §103.F.4.
and §103.F.2.d refer to §603?
August 2020 review: revised
citations address the above
comments; state provision is now
similar to CFR.
139
40 CFR 144.7(b)(1)
(See also
145.11(a)(3))
The Director may identify (by narrative description,
illustrations, maps, or other means) and describe in
geographic and/or geometric terms (such as vertical and
lateral limits and gradient) which are clear and definite,
all aquifers or parts thereof which the Director proposes
to designate as exempted aquifers using the criteria in
40 CFR 146.4.
§603603.F.2
2. After notice and opportunity for a public
hearing the commissioner may identify (by narrative
description, illustrations, maps, or other means) and
describe in geographic and/or geometric terms (such
as vertical and lateral limits and gradient) which are
clear and definite, all aquifers or parts thereof which
the commissioner proposes to designate as exempted
aquifers if they meet the following criteria:
In addition to the text at 40 CFR
144.7(b)(1), the following
language has been added at
§603603.F.2: after notice and
opportunity for a public hearing.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 130 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 30
March 2020 (Revised February 2021)
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140
40 CFR 144.7(b)(2)
(See also
145.11(a)(3))
No designation of an exempted aquifer submitted as
part of a UIC program shall be final until approved by
the Administrator as part of a UIC program. No
designation of an expansion to the areal extent of a
Class II enhanced oil recovery or enhanced gas recovery
aquifer exemption for the exclusive purpose of Class VI
injection for geologic sequestration shall be final until
approved by the Administrator as a revision to the
applicable Federal UIC program under part 147 or as a
substantial revision of an approved State UIC program
in accordance with § 145.32 of this chapter.
§603603.F.3
3. No designation of an exempted aquifer
submitted as part of the state’s UIC program shall be
final until approved by the USEPA. No designation of
an expansion to the areal extent of a Class II enhanced
oil recovery or enhanced gas recovery aquifer
exemption for the exclusive purpose of Class VI
injection for geologic sequestration shall be final until
approved by the USEPA as a substantial revision of
the state’s UIC program in accordance with 40 CFR
145.32.
Text is similar, with no impact on
stringency.
141
40 CFR 144.7(d)
(See also
145.11(a)(3))
Expansion to the areal extent of existing Class II
aquifer exemptions for Class VI wells. Owners or
operators of Class II enhanced oil recovery or enhanced
gas recovery wells may request
that the Director approve an expansion to the areal
extent of an aquifer exemption already in place for a
Class II enhanced oil recovery or enhanced gas recovery
well for the exclusive purpose
of Class VI injection for geologic sequestration. Such
requests must be treated as a revision to the applicable
Federal UIC program under part 147 or as a substantial
program revision to an approved State UIC program
under § 145.32 of this chapter and will not be final until
approved by EPA.
§603603.F.4
4. Expansion to the Areal Extent of Existing
Class II Aquifer Exemptions for Class VI Wells.
Operators of Class II enhanced oil recovery or
enhanced gas recovery wells may request that the
commissioner approve an expansion to the areal
extent of an aquifer exemption already in place for a
Class II enhanced oil recovery or enhanced gas
recovery well for the exclusive purpose of Class VI
injection for geologic sequestration. Such requests are
treated as a substantial program revision to the state’s
UIC program and will not be final until approved by
USEPA.
The struck-out text of 40 CFR
144.7(d) will not be adopted.
Based on the §3601 definitions of
operator and owner, the language
at §3603.F.4 will not impact the
stringency of state requirements
compared to the federal rule.
Text limits this provision to
operators, not owners; no impact
on stringency, given the definition
of these terms.
August 2020 review: no impact on
stringency.
Docket No. IMD-2021-02; Page 131 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 31
March 2020 (Revised February 2021)
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Difference
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CFR Text
LA Citation
LA Rule Text
142
40 CFR 144.7(d)(1)
(See also
145.11(a)(3))
The owner or operator of a Class II enhanced oil
recovery or enhanced gas recovery well that requests an
expansion of the areal extent of an existing aquifer
exemption for the exclusive purpose of Class VI
injection for geologic sequestration must define (by
narrative description, illustrations, maps, or other
means) and describe in geographic and/or geometric
terms (such as vertical and lateral limits and gradient)
that are clear and definite, all aquifers or parts thereof
that are requested to be designated as exempted using
the criteria in § 146.4 of this chapter.
§603603.F.4.a
a. The operator of a Class II enhanced oil
recovery or enhanced gas recovery well that requests
an expansion of the areal extent of an existing aquifer
exemption for the exclusive purpose of Class VI
injection for geologic sequestration must define (by
narrative description, illustrations, maps, or other
means) and describe in geographic and/or geometric
terms (such as vertical and lateral limits and gradient)
that are clear and definite, all aquifers or parts thereof
that are requested to be designated as exempted using
the criteria in §1033603.F.2.d.
The struck-out text of 40 CFR
144.7(d)(1) will not be adopted.
Based on the §3601 definitions of
operator and owner, the language
at §3603.F.4 will not impact the
stringency of state requirements
compared to the federal rule.
Text limits this provision to
operators, not owners; no impact
on stringency, given the definition
of these terms.
Should the reference to §103.F.2.d
refer to §603?
August 2020 review: revised
citation addresses the above
comment. EPA August review:
However, the July LA rule text
should be corrected to read
“§603.F.2.d” instead of
“§103.F.2.d”
EPA September Review: The
added text addresses August
comment; EPA has no further
concerns regarding stringency.
143
40 CFR 144.7(d)(2)
(See also
145.11(a)(3))
In evaluating a request to expand the areal extent of an
aquifer exemption of a Class II enhanced oil recovery or
enhanced gas recovery well for the purpose of Class VI
injection, the Director must determine that the request
meets the criteria for exemptions in § 146.4. In making
the determination, the Director shall consider:
§603603.F.4.b
b. In evaluating a request to expand the areal
extent of an aquifer exemption of a Class II enhanced
oil recovery or enhanced gas recovery well for the
purpose of Class VI injection, the commissioner must
determine that the request meets the criteria for
exemptions. In making the determination, the
commissioner shall consider:
Text is similar, with no impact on
stringency.
144
40 CFR
144.7(d)(2)(i)
(See also
145.11(a)(3))
Current and potential future use of the USDWs to be
exempted as drinking water resources;
§603603.F.4.b.i
i. current and potential future use of the
USDWs to be exempted as drinking water resources;
Text is identical.
145
40 CFR
144.7(d)(2)(ii)
(See also
145.11(a)(3))
The predicted extent of the injected carbon dioxide
plume, and any mobilized fluids that may result in
degradation of water quality, over the lifetime of the GS
project, as informed by computational modeling
performed pursuant to § 146.84(c)(1), in order to ensure
that the proposed injection operation will not at any
time endanger USDWs including non-exempted
portions of the injection formation;
§603603.F.4.b.i
i
ii. the predicted extent of the injected carbon
dioxide plume, and any mobilized fluids that may
result in degradation of water quality, over the
lifetime of the project, as informed by computational
modeling, in order to ensure that the proposed
injection operation will not at any time endanger
USDWs including non-exempted portions of the
injection formation; and
Text is similar, with no impact on
stringency.
Commented [LS5]: Updated
Commented [KS6]: Updated
Docket No. IMD-2021-02; Page 132 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 32
March 2020 (Revised February 2021)
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LA Citation
LA Rule Text
146
40 CFR
144.7(d)(2)(iii)
(See also
145.11(a)(3))
Whether the areal extent of the expanded aquifer
exemption is of sufficient size to account for any
possible revisions to the computational model during
reevaluation of the area of review,
pursuant to § 146.84(e); and
§603603.F.4.b.i
ii
iii. whether the areal extent of the expanded
aquifer exemption is of sufficient size to account for
any possible revisions to the computational model
during reevaluation of the area of review.iii.
whether the areal extent of the expanded
aquifer exemption is of sufficient size to b account for
any possible revisions to the computational model
during reevaluation of the area of review.
Text is similar, with no impact on
stringency.
Note typo (state rule text appears
ok).
August 2020 review: revised text
addresses the above comment.
147
40 CFR
144.7(d)(2)(iv)
(See also
145.11(a)(3))
Any information submitted to support a waiver request
made by the owner or operator under § 146.95, if
appropriate.
N/A
The language at 40 CFR
144.7(d)(2)(iv) will not be
adopted. Waivers of the injection
depth requirements for Class VI
wells will not be granted.
Reviewed; no issues found.
40 CFR 144.8 Noncompliance and program reporting by the Director
148
40 CFR 144.8(a)
(See also
145.11(a)(4))
The Director shall prepare quarterly and annual reports
as detailed below. When the State is the permit-issuing
authority, the State Director shall submit any reports
required under this section to the Regional
Administrator. (a) Quarterly reports. The Director shall
submit quarterly narrative reports for major facilities as
follows:
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
149
40 CFR
144.8(a)(1)(i)
(See also
145.11(a)(4))
Format. The report shall use the following format:
(i) Provide an alphabetized list of permittees. When two
or more permittees have the same name, the lowest
permit number shall be entered first.
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
Docket No. IMD-2021-02; Page 133 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 33
March 2020 (Revised February 2021)
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LA Rule Text
150
40 CFR
144.8(a)(1)(ii)
(See also
145.11(a)(4))
For each entry on the list, include the following
information in the following order:
(A) Name, location, and permit number of the
noncomplying permittees.
(B) A brief description and date of each instance of
noncompliance for that permittee. Instances of
noncompliance may include one or more the kinds set
forth in paragraph (a)(2) of this section. When a
permittee has noncompliance of more than one kind,
combine the information into a single entry for each
such permittee.
(C) The date(s) and a brief description of the action(s)
taken by the Director to ensure compliance.
(D) Status of the instance(s) of noncompliance with the
date of the review of the status or the date of resolution.
(E) Any details which tend to explain or mitigate the
instance(s) of noncompliance.
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
151
40 CFR 144.8(a)(2)
(See also
145.11(a)(4))
Instances of noncompliance to be reported. Any
instances of noncompliance within the following
categories shall be reported in successive reports until
the noncompliance is reported as resolved. Once
noncompliance is reported as resolved it need not
appear in subsequent reports.
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
152
40 CFR
144.8(a)(2)(i)
(See also
145.11(a)(4))
Failure to complete construction elements. When the
permittee has failed to complete, by the date specified in
the permit, an element of a compliance schedule
involving either planning for construction or a
construction step (for example, begin construction,
attain operation level); and the permittee has not
returned to compliance by accomplishing the required
elements of the schedule within 30 days from the date a
compliance schedule report is due under the permit.
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
153
40 CFR
144.8(a)(2)(ii)
(See also
145.11(a)(4))
Modifications to schedules of compliance. When a
schedule of compliance in the permit has been modified
under §§144.39 or 144.41 because of the permittee's
noncompliance.
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
Docket No. IMD-2021-02; Page 134 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 34
March 2020 (Revised February 2021)
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LA Citation
LA Rule Text
154
40 CFR
144.8(a)(2)(iii)
(See also
145.11(a)(4))
Failure to complete or provide compliance schedule or
monitoring reports. When the permittee has failed to
complete or provide a report required in a permit
compliance schedule (for example, progress report or
notice of noncompliance or compliance) or a
monitoring report; and the permittee has not submitted
the complete report within 30 days from the date it is
due under the permit for compliance schedules, or from
the date specified in the permit for monitoring reports.
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
155
40 CFR
144.8(a)(2)(iv)
(See also
145.11(a)(4))
Deficient reports. When the required reports provided
by the permittee are so deficient as to cause
misunderstanding by the Director and thus impede the
review of the status of compliance.
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
156
40 CFR
144.8(a)(2)(v)
(See also
145.11(a)(4))
Noncompliance with other permit requirements.
Noncompliance shall be reported in the following
circumstances:
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
157
40 CFR
144.8(a)(2)(v)(A)
(See also
145.11(a)(4))
Whenever the permittee has violated a permit
requirement (other than reported under paragraph (a)(2)
(i) or (ii) of this section), and has not returned to
compliance within 45 days from the date reporting of
noncompliance was due under the permit; or
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
158
40 CFR
144.8(a)(2)(v)(B)
(See also
145.11(a)(4))
When the Director determines that a pattern of
noncompliance exists for a major facility permittee over
the most recent four consecutive reporting periods. This
pattern includes any violation of the same requirement
in two consecutive reporting periods, and any violation
of one or more requirements in each of four consecutive
reporting periods; or
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
159
40 CFR
144.8(a)(2)(v)(C)
(See also
145.11(a)(4))
When the Director determines significant permit
noncompliance or other significant event has occurred,
such as a migration of fluids into a USDW.
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
16060
40 CFR
144.8(a)(2)(vi)
(See also
145.11(a)(4))
All other. Statistical information shall be reported
quarterly on all other instances of noncompliance by
major facilities with permit requirements not otherwise
reported under paragraph (a) of this section.
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
Docket No. IMD-2021-02; Page 135 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 35
March 2020 (Revised February 2021)
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Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
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CFR Text
LA Citation
LA Rule Text
16161
40 CFR 144.8(b)(1)
(See also
145.11(a)(4))
Annual reports — (1) Annual noncompliance report.
Statistical reports shall be submitted by the Director on
nonmajor UIC permittees indicating the total number
reviewed, the number of noncomplying nonmajor
permittees, the number of enforcement actions, and
number of permit modifications extending compliance
deadlines. The statistical information shall be organized
to follow the types of noncompliance listed in paragraph
(a) of this section.
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
16262
40 CFR
144.8(b)(2)(i)
(See also
145.11(a)(4))
For State-administered UIC Programs only. In addition
to the annual noncompliance report, the State Director
shall:
Submit each year a program report to the Administrator
(in a manner and form prescribed by the Administrator)
consisting of:
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
163
40 CFR
144.8(b)(2)(i)(A)
(See also
145.11(a)(4))
A detailed description of the State’s implementation of
its program;
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
164
40 CFR
144.8(b)(2)(i)(B)
(See also
145.11(a)(4))
Suggested changes, if any to the program description
(see § 145.23(f)) which are necessary to reflect more
accurately the State’s progress in issuing permits;
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
165
40 CFR
144.8(b)(2)(i)(C)
(See also
145.11(a)(4))
An updated inventory of active underground injection
operations in the State.
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
166
40 CFR
144.8(b)(2)(ii)
(See also
145.11(a)(4))
In addition to complying with the requirements of
paragraph (b)(2)(i) of this section, the Director shall
provide the Administrator, on February 28th and August
31st of each of the first two years of program operation,
the information required in 40 CFR 146.13, 146.23, and
146.33.
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
167
40 CFR
144.8(b)(2)(iii)
(See also
145.11(a)(4))
All Class VI program reports shall be consistent with
reporting requirements set forth in §146.91 of this
chapter.
§623629
A. Reporting Requirements. The owner or
operator must provide, at a minimum, the following
reports to the commissioner—and the USEPA as
specified in §623629.A.5—for each permitted Class
VI well:
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 136 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 36
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
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LA Citation
LA Rule Text
168
40 CFR 144.8(c)(1)
(See also
145.11(a)(4))
Schedule. (1) For all quarterly reports. On the last
working day of May, August, November, and February,
the State Director shall submit to the Regional
Administrator information concerning noncompliance
with permit requirements by major facilities in the
State in accordance with the following schedule. The
Regional Administrator shall prepare and submit
information for EPA-issued permits to EPA
Headquarters in accordance with the same schedule.
QUARTERS COVERED BY REPORTS ON
NONCOMPLIANCE BY MAJOR FACILITIES
[Date for completion of reports]
January, February, and March: 1 May 31
April, May, and June: 1 Aug. 31
July, August, and September: 1 Nov. 30
October, November, and December: 1 Feb. 28
1 Reports must be made available to the public for
inspection and copying on this date.
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
169
40 CFR 144.8(c)(2)
(See also
145.11(a)(4))
For all annual reports. The period for annual reports
shall be for the calendar year ending December 31, with
reports completed and available to the public no more
than 60 day60 days later.
N/A
This is a requirement of the state, and it need not be
included in a state’s Class VI regulation.
This requirement is addressed in
the Memorandum of Agreement.
This will be addressed in the
primacy application review.
SUBPART B--GENERAL PROGRAM REQUIREMENTS
40 CFR 144.11 Prohibition of unauthorized injection.
170
40 CFR 144.11
(See also
145.11(a)(5))
Any underground injection, except into a well
authorized by rule or except as authorized by permit
issued under the UIC program, is prohibited. The
construction of any well required to have a permit is
prohibited until the permit has been issued.
§603603.B
B. Prohibition of Unauthorized Injection. Any
underground injection, except as authorized by a
permit or rule, is prohibited after the effective date of
these regulations. Construction or operation of any
well required to have a permit under these regulations
is prohibited until the permit has been issued.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 137 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 37
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
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LA Citation
LA Rule Text
40 CFR 144.12 Prohibition of movement of fluid into underground sources of drinking water.
171
40 CFR 144.12(a)
(See also
145.11(a)(6))
No owner or operator shall construct, operate, maintain,
convert, plug, abandon, or conduct any other injection
activity in a manner that allows the movement of fluid
containing any contaminant into underground sources of
drinking water, if the presence of that contaminant may
cause a violation of any primary drinking water
regulation under 40 CFR part 1412 or may otherwise
adversely affect the health of persons. The applicant for
a permit shall have the burden of showing that the
requirements of this paragraph are met.
§603603.D.1
1. No authorization by permit or rule shall
allow the movement of fluid containing any
contaminant into underground sources of drinking
water, if the presence of that contaminant may cause a
violation of any primary drinking water regulation
under 40 CFR part 1412 or of the Louisiana Drinking
Water Regulations, Chapter VIII of the State Sanitary
Code or may otherwise adversely affect the health of
persons. The applicant for a permit shall have the
burden of showing that the requirements of this
Section are met
While the language at
§603603.D.1 is not verbatim to 40
CFR 144.12(a), the intent of the
federal rule is preserved; that
being, injection activity that
allows movement of any
contaminant that may cause a
violation of equivalent state
regulations shall be prohibited.
The following language has been
added at §3603.D.1: or of the
Louisiana Drinking Water
Regulations, Chapter VIII of the
State Sanitary Code
Does EPA want to recommend
that this provision also reference
the national primary drinking
water regulations at 40 CFR 141 to
ensure that it is always current to
federal rulemakings?
Note that reference to
“authorization by … rule” would
not apply to Class VI wells.
August 2020 review: revised text
addresses the above comment.
However, the CFR reference
should be to 40 CFR 141, the
location of the primary drinking
water regulations (there is a typo
in the CFR).EPA August Review:
This was due to an error in EPA’s
crosswalk template; CFR text
should refer to 40 CFR part “141”
not 142. Therefore, LA’s rule text
should be corrected to refer to
“141”.
EPA September Review: The
revision addresses EPA’s August
comment.
Commented [LS7]: Updated.
Commented [KS8]: Updated
Docket No. IMD-2021-02; Page 138 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 38
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
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Line #
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CFR Text
LA Citation
LA Rule Text
172
40 CFR 144.12(b)
(See also
145.11(a)(6))
For Class I, II, III, and VI wells, if any water quality
monitoring of an underground source of drinking water
indicates the movement of any contaminant into the
underground source of drinking water, except as
authorized under part 146, the Director shall prescribe
such additional requirements for construction,
corrective action, operation, monitoring, or reporting
(including closure of the injection well) as are necessary
to prevent such movement. In the case of wells
authorized by permit, these additional requirements
shall be imposed by modifying the permit in accordance
with §144.39, or the permit may be terminated under
§144.40 if cause exists, or appropriate enforcement
action may be taken if the permit has been violated. In
the case of wells authorized by rule, see §§ 144.21
through 144.24.
§603603.D.2
2. For Class VI wells, if any water quality
monitoring of a USDW indicates the movement of
any contaminant into the USDW, except as authorized
under §603603.F, the commissioner shall prescribe
such additional requirements for construction,
corrective action, operation, monitoring, or reporting
(including closure of the injection well) as are
necessary to prevent such movement. In the case of
wells authorized by permit, these additional
requirements shall be imposed by modifying the
permit in accordance with §613613.C, or the permit
may be terminated under §613613.E if cause exists, or
appropriate enforcement action may be taken if the
permit has been violated. In the case of wells
authorized by rule, see §603603.E.1.
Text is similar, with no impact on
stringency.
173
40 CFR 144.12(e)
(See also
145.11(a)(6))
Notwithstanding any other provision of this section, the
Director may take emergency action upon receipt of
information that a contaminant which is present in or
likely to enter a public water system or underground
source of drinking water may present an imminent and
substantial endangerment to the health of persons.
§603603.D.4
4. Notwithstanding any other provision of this
Section, the commissioner may take emergency action
upon receipt of information that a contaminant which
is present in or likely to enter a public water system or
underground source of drinking water may present an
imminent and substantial endangerment to the health
or safety of persons.
Text omits reference to entering an
underground source of drinking
water. This should be added for
consistency with the non-
endangerment intent of the CFR.
August 2020 review: added text
addresses the above comment;
state provision is now similar to
CFR.
40 CFR 144.15 Prohibition of non-experimental Class V wells for geologic sequestration
174
40 CFR 144.15
The construction, operation or maintenance of any non-
experimental Class V geologic sequestration well is
prohibited.
§603603.C.2
2. Prohibition of Non-Experimental Class V
Wells for Geologic Sequestration. The construction,
operation or maintenance of any non-experimental
Class V geologic sequestration well is prohibited.
Text is identical.
40 CFR 144.16 Waiver of requirement by Director
175
40 CFR 144.16
40 CFR 144.16 Waiver of requirement by Director
N/A
Note: this row was omitted from
the template initially provided to
the state. This provision is not
required of state programs,
however.
40 CFR 144.18 Requirements for Class VI wells.
Docket No. IMD-2021-02; Page 139 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 39
March 2020 (Revised February 2021)
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176
40 CFR 144.18
Owners or operators of Class VI wells must obtain a
permit. Class VI wells cannot be authorized by rule to
inject carbon dioxide.
§603603.E.1
1. Class VI wells cannot be authorized by rule
to inject carbon dioxide. Owners or operators of Class
VI wells must obtain a permit.
Text is similar, with no impact on
stringency.
40 CFR 144.19 Transitioning from Class II to Class VI.
177
40 CFR 144.19(a)
Owners or operators that are injecting carbon dioxide
for the primary purpose of long- term storage into an oil
and gas reservoir must apply for and obtain a Class VI
geologic sequestration permit when there is an
increased risk to USDWs compared to Class II
operations. In determining if there is an increased risk to
USDWs, the owner or operator must consider the
factors specified in §144.19(b).
§603603.G.1
1. Wells Operators of wells used to inject
carbon dioxide for the primary purpose of long-term
storage into an oil or gas reservoir must be permitted
forapply for and obtain a Class VI geologic
sequestration permit when there is an increased risk to
USDWs compared to Class II operations. The factors
specified in §603603.G.2 below must be considered in
determining if there is an increased risk to USDWs.
While the language at
§603603.G.1 is not verbatim to 40
CFR 144.19(a), the intent of the
federal rule is preserved; that
being, a Class VI geologic
sequestration permit must be
obtained when there is an
increased risk to USDWs
compared to Class II operations.
Reviewed; no issues found.
EPA recommends that the state
rule clarify that the owner or
operator must apply for a Class VI
permit.
August 2020 review: revised text
addresses the above comment.
178
40 CFR 144.19(b)
The Director shall determine when there is an increased
risk to USDWs compared to Class II operations and a
Class VI permit is required. In order to make this
determination the Director must consider the following:
§603603.G.2
2 The commissioner shall determine when
there is an increased risk to USDWs compared to
Class II operations and when a Class VI permit is
required. The commissioner must consider the
following in order to make this determination:
Text is similar, with no impact on
stringency.
179
40 CFR 144.19(b)(1)
Increase in reservoir pressure within the injection
zone(s);
§603603.G.2.a
a. increase in reservoir pressure within the
injection zone(s);
Text is identical.
180
40 CFR 144.19(b)(2)
Increase in carbon dioxide injection rates;
§603603.G.2.b
b. increase in carbon dioxide injection rates;
Text is identical.
181
40 CFR 144.19(b)(3)
Decrease in reservoir production rates;
§603603.G.2.c
c. decrease in reservoir production rates;
Text is identical.
182
40 CFR 144.19(b)(4)
Distance between the injection zone(s) and USDWs;
§603603.G.2.d
d. distance between the injection zone(s) and
USDWs;
Text is identical.
183
40 CFR 144.19(b)(5)
Suitability of the Class II area of review delineation;
§603603.G.2.e
e. suitability of the Class II enhanced oil or gas
recovery area of review delineation;
Text is similar, with no impact on
stringency.
184
40 CFR 144.19(b)(6)
Quality of abandoned well plugs within the area of
review;
§603603.G.2.f
f. quality of abandoned well plugs within the
area of review;
Text is identical.
185
40 CFR 144.19(b)(7)
The owner’s or operator’s plan for recovery of carbon
dioxide at the cessation of injection;
§603603.G.2.g
g. the owner’s or operator’s plan for recovery
of carbon dioxide at the cessation of injection;
Text is identical.
186
40 CFR 144.19(b)(8)
The source and properties of injected carbon dioxide;
and
§603603.G.2.h
h. the source and properties of injected carbon
dioxide; and
Text is identical.
187
40 CFR 144.19(b)(9)
Any additional site-specific factors as determined by the
Director.
§603603.G.2.i
i. any additional site-specific factors as
determined by the commissioner.
Text is similar, with no impact on
stringency.
SUBPART C—AUTHORIZATION OF UNDERGROUND INJECTION BY RULE
40 CFR 144.22 Existing Class II enhanced recovery and hydrocarbon storage wells.
Docket No. IMD-2021-02; Page 140 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 40
March 2020 (Revised February 2021)
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188
40 CFR 144.22(b)
(See also
145.11(a)(9))
Duration of well authorization by rule. Well
authorization under this section expires upon the
effective date of a permit issued pursuant to § 144.19, §
144.25, § 144.31, § 144.33 or § 144.34; after plugging
and abandonment in accordance with an approved
plugging and abandonment plan pursuant to §§
144.28(c) and 146.10 of this chapter; and upon
submission of a plugging and abandonment report
pursuant to § 144.28(k); or upon conversion in
compliance with § 144.28(j).
§603603.E.1.a
1. Class VI wells cannot be authorized by rule to
inject carbon dioxide. Owners or operators of Class
VI wells must obtain a permit.
a. Any authorization by rule for an existing Class II
enhanced recovery or hydrocarbon storage well shall
expire upon the effective date of a Class VI permit
issued pursuant to §603603.G, or well plug and
abandonment according to an approved plug and
abandonment plan, or upon well conversion.
Authorization by rule for Class VI
wells will be prohibited.
Reviewed; no issues found.
SUBPART D—AUTHORIZATION BY PERMIT
40 CFR 144.31 Application for a permit; authorization by permit.
189
40 CFR 144.31(a)
(See also
145.11(a)(10))
Permit application. Unless an underground injection
well is authorized by rule under subpart C of this part,
all injection activities including construction of an
injection well are prohibited until the owner or operator
is authorized by permit. An owner or operator of a well
currently authorized by rule must apply for a permit
under this section unless well authorization by rule was
for the life of the well or project. Authorization by rule
for a well or project for which a permit application has
been submitted terminates for the well or project upon
the effective date of the permit. Procedures for
applications, issuance and administration of emergency
permits are found exclusively in § 144.34. A RCRA
permit applying the standards of part 264, subpart C of
this chapter will constitute a UIC permit for hazardous
waste injection wells for which the technical standards
in part 146 of this chapter are not generally appropriate.
§603603.B
B. Prohibition of Unauthorized Injection. Any
underground injection, except as authorized by a
permit or rule, is prohibited after the effective date of
these regulations. Construction or operation of any
well required to have a permit under these regulations
is prohibited until the permit has been issued.
While the language at §603605.B
is not verbatim to 40 CFR
144.31(a), the intent of the federal
rule is preserved: that being, all
injection activities are prohibited
unless authorized by a permit.
Reviewed; no issues found.
190
40 CFR 144.31(b)
(See also
145.11(a)(10))
Who applies? When a facility or activity is owned by
one person but is operated by another person, it is the
operator’s duty to obtain a permit.
§603605.D
D. Who Applies. It is the duty of the owner of
a facility or activity to submit an application for
permit. When a facility is owned by one person and
operated by another, it is the operator's duty to obtain
a permit.
While the language at §603605.D
is not verbatim to 40 CFR
144.31(b), the intent of the federal
rule is preserved: that being, it
remains the operator’s duty to
obtain a permit if the facility is
owned by another person.
Reviewed; no issues found.
191
40 CFR 144.31(c)
(See also
145.11(a)(10))
Time to apply. Any person who performs or proposes
an underground injection for which a permit is or will
be required shall submit an application to the Director
in accordance with the UIC program as follows:
§603605.C.2
2. Time to Apply. Any person who performs
or proposes an underground injection for which a
permit is or will be required shall submit an
application to the commissioner.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 141 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 41
March 2020 (Revised February 2021)
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192
40 CFR 144.31(c)(2)
(See also
145.11(a)(10))
For new injection wells, except new wells in projects
authorized under § 144.21(d) or authorized by an
existing area permit under § 144.33(c), a reasonable
time before construction is expected to begin.
§603605.C.2.a
a. for new Class VI injection wells, a
reasonable time before construction is expected to
begin.
The struck-out text of 40 CFR
144.31(c)(2) will not be adopted.
Authorization by area permit for
Class VI wells will be prohibited.
Reviewed; no issues found.
193
40 CFR 144.31(d)
(See also
145.11(a)(10))
Completeness. The Director shall not issue a permit
before receiving a complete application for a permit
except for emergency permits. An application for a
permit is complete when the Director receives an
application form and any supplemental information
which are completed to his or her 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.
§613611.B.2.a
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;
While the language at
§613611.B.2.a is not verbatim to
40 CFR 144.31(d), the intent of
the federal rule is preserved: that
being, the commissioner shall not
issue a permit before receiving an
application form and any
supplemental information which
are completed to his or her
satisfaction.
The struck-out text of 40 CFR
144.31(d) will not be adopted.
Emergency permits will not be
granted for Class VI wells.
Text does not make any provision
for judging the status of an
application independently of the
status of any other application or
permit for the same facility or
activity.
August 2020 review: added text
addresses the above comment;
state provision is similar to CFR,
except for emergency permits. No
concerns for stringency.
194
40 CFR 144.31(e)
(See also
145.11(a)(10))
Information requirements. All applicants for Class I, II,
III, and V permits shall provide the following
information to the Director, using the application form
provided by the Director. Applicants for Class VI
permits shall follow the criteria provided in §146.82 of
this chapter.
§603607.C
through
603607.C.3
C. Application Contents: An application
submitted to construct a new Class VI well or convert
any existing well to Class VI shall contain the
following geological and technical information:
…
3. The commissioner shall notify in writing,
any states or tribes within the area of review based on
information provided by the applicant in
§603607.C.1.a.i and §603607.C.2.s.
§603607.C is an entirely new
section specific to Class VI wells,
being equivalent to 40 CFR Part
146, Subpart H. The remaining
language of 40 CFR 144.31(e)
already exists at LAC
43:XVII.105.E. and F., which was
approved by the USEPA in prior
amendments of LAC
43:XVII.Chapter 1.
The underlined text in the far left
column does not directly appear in
the state requirements, but
§603607.C through 603607.C.3
clearly contains the requirements
for Class VI well permits.
Reviewed; no issues found. See
also 146.82 below.
Docket No. IMD-2021-02; Page 142 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 42
March 2020 (Revised February 2021)
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195
40 CFR 144.31(e)(1)
(See also
145.11(a)(10))
The activities conducted by the applicant which require
it to obtain permits under RCRA, UIC, the National
Pollution Discharge Elimination system (NPDES)
program under the Clean Water Act, or the Prevention
of Significant Deterioration (PSD) program under the
Clean Air Act.
§603607.B.7
7. the activity or activities conducted by the
applicant which require the applicant to obtain a
permit under these regulations;
While the language at
§603605.B.7 is not verbatim to 40
CFR 144.31(e)(1), the intent of
the federal rule is preserved; that
being, requiring the disclosure of
all activities that require the
applicant to obtain permits.
Reviewed; no issues found.
196
40 CFR 144.31(e)(2)
(See also
145.11(a)(10))
Name, mailing address, and location of the facility for
which the application is submitted.
§603607.B.3
3. the name and mailing address of the
applicant and the physical address of the sequestration
well facility;
Text is similar, with no impact on
stringency.
197
40 CFR 144.31(e)(3)
(See also
145.11(a)(10))
Up to four SIC codes which best reflect the principal
products or services provided by the facility.
§603607.B.8
8. up to four SIC Codes which best reflect the
principal products or services provided by the facility;
Text is identical.
198
40 CFR 144.31(e)(4)
(See also
145.11(a)(10))
The operator’s name, address, telephone number,
ownership status, and status as Federal, State, private,
public, or other entity.
§603607.B.4
through
603607.B.5
4. the operator's name, address, telephone
number, and e-mail address;
5. ownership status, and status as federal, state,
private, public, or other entity;
In addition to the text at 40 CFR
144.31(e)(4), the following
language has been added at
§3607.B.4: and email address.
Text adds “e-mail address.”
August 2020 review: revised text
addresses the above comment;
state provision is similar to CFR.
199
40 CFR 144.31(e)(5)
(See also
145.11(a)(10))
Whether the facility is located on Indian lands.
§603607.B.10
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;
In addition to the text at 40 CFR
144.31(e)(5), the following
language has been added at
§603607.B.10: 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;
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 143 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 43
March 2020 (Revised February 2021)
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200
40 CFR 144.31(e)(6)
(See also
145.11(a)(10))
A listing of all permits or construction approvals
received or applied for under any of the following
programs:
§603607.B.9
9. a listing of all permits or construction
approvals that the applicant has received or applied
for under any of the following programs and or 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:
The following language has been
added: or 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.
In addition to the text at 40 CFR
144.31(e)(6), the following
language has been added at
§607.B.9: 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.
Text limits the listing to only
permits which affect their legal or
technical ability to conduct GS,
rather than all permits. The rule
text should be clarified to avoid
unintentionally limiting this
provision.
August 2020 review: revised text
addresses the above comment. No
concerns for stringency.
201
40 CFR
144.31(e)(6)(i)
(See also
145.11(a)(10))
Hazardous Waste Management program under RCRA.
§603607.B.9.a
a. the Louisiana Hazardous Waste
Management;
§603607.B.9.a refers to the state
equivalent of the federal program.
Reviewed; no issues found.
202
40 CFR
144.31(e)(6)(ii)
(See also
145.11(a)(10))
UIC program under SDWA.
§603607.B.9.b
b. this or any other Underground Injection
Control Program;
Text is similar, with no impact on
stringency.
203
40 CFR
144.31(e)(6)(iii)
(See also
145.11(a)(10))
NPDES program under CWA.
§603607.B.9.c
c. NPDES Program under the Clean Water
Act;
Text is similar, with no impact on
stringency.
204
40 CFR
144.31(e)(6)(iv)
(See also
145.11(a)(10))
Prevention of Significant Deterioration (PSD) program
under the Clean Air Act.
§603607.B.9.d
d. Prevention of Significant Deterioration
(PSD) Program under the Clean Air Act;
Text is identical.
205
40 CFR
144.31(e)(6)(v)
(See also
145.11(a)(10))
Nonattainment program under the Clean Air Act.
§603607.B.9.e
e. Nonattainment Program under the Clean Air
Act;
Text is identical.
206
40 CFR
144.31(e)(6)(vi)
(See also
145.11(a)(10))
National Emission Standards for Hazardous Pollutants
(NESHAPS) preconstruction approval under the Clean
Air Act.
§603607.B.9.f
f. National Emission Standards for Hazardous
Pollutants (NESHAPS) preconstruction approval
under the Clean Air Act;
Text is identical.
Docket No. IMD-2021-02; Page 144 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 44
March 2020 (Revised February 2021)
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207
40 CFR
144.31(e)(6)(vii)
(See also
145.11(a)(10))
Ocean dumping permits under the Marine Protection
Research and Sanctuaries Act.
§603607.B.9.g
g. Ocean Dumping Permit under the Marine
Protection Research and Sanctuaries Act;
Text is similar, with no impact on
stringency.
208
40 CFR
144.31(e)(6)(viii)
(See also
145.11(a)(10))
Dredge and fill permits under section 404 of CWA.
§603607.B.9.h
h. dredge or fill permits under Section 404 of the
Clean Water Act; and
Text is similar, with no impact on
stringency.
209
40 CFR
144.31(e)(6)(ix)
(See also
145.11(a)(10))
Other relevant environmental permits, including State
permits.
§603607.B.9.i
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;
While the language at
§603607.B.9.i is not verbatim to
40 144.31(e)(6)(ix), the intent of
the federal rule is preserved: being
that, all other relevant
environmental permits including
but not limited to the enumerated
state permits must be listed by the
applicant.
Reviewed; no issues found.
210
40 CFR 144.31(e)(8)
(See also
145.11(a)(10))
A brief description of the nature of the business.
§603607.B.6
6. a brief description of the nature of the
business associated with the activity;
Text is similar, with no impact on
stringency.
211
40 CFR 144.31(e)(9)
(See also
145.11(a)(10))
For EPA-administered programs, the applicant shall
identify and submit on a list with the permit application
the names and addresses of all owners of record of land
within one-quarter mile of the facility boundary. This
requirement may be waived by the Regional
Administrator where the site is located in a populous
area and the Regional Administrator determines that the
requirement would be impracticable.
§603607.B.12
12. names and addresses of all property owners
within the area of review of the Class VI well or
project.
The language at §3607.B.12
specifies the area of review rather
than property within one-quarter
mile of the facility boundary.
The struck-out text of 40 CFR
144.31(e)(9) will not be adopted.
Text specifies area of review,
rather than ¼ mile.
August 2020 review: no concerns
for stringency.
40 CFR 144.32 Signatories to permit applications and reports
212
40 CFR 144.32(a)
(See also
145.11(a)(11))
Applications. All permit applications, except those
submitted for Class II wells (see paragraph (b) of this
section), shall be signed as follows:
§603605.E
E. Signature Requirements. All permit
applications shall be signed as follows. 124.3(a)(3)
The struck-out text of 40 CFR
144.32(a) will not be adopted.
Reviewed; no issues found.
Note that the draft rule text does
not include 124.3(a)(3).
August 2020 review: revision
addresses comment; no concerns
for stringency.
Docket No. IMD-2021-02; Page 145 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 45
March 2020 (Revised February 2021)
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213
40 CFR 144.32(a)(1)
(See also
145.11(a)(11))
For a corporation: by a responsible corporate officer.
For the purpose of this section, a responsible corporate
officer means;
§603605.E.1
through
603605.E.1.c
1. Corporations. By a principal executive
officer of at least the level of vice-president, or duly
authorized representative of that person if the
representative performs similar policy making
functions for the corporation. A person is a duly
authorized representative only if:
a. the authorization is made in writing by a
principle executive officer of at least the level of vice-
president;
b. the authorization specifies either an
individual or position having responsibility for the
overall operation of a solution-mining well, such as
the position of plant manager, superintendent, or
position of equivalent responsibility. A duly
authorized representative may thus be either a named
individual or any individual occupying a named
position; and
c. the written authorization is submitted to the
Office of Conservation.
While the language at §603607.E
through 603607.E.4 is not
verbatim to 40 CFR 144.32(a)(1),
the intent of the federal rule is
preserved; that being, requiring
the signature of a responsible
executive officer or that person’s
duly authorized representative.
Reviewed; no issues found.
214
40 CFR
144.32(a)(1)(i)
(See also
145.11(a)(11))
A president, secretary, treasurer, or vice president of the
corporation in charge of a principal business function,
or any other person who performs similar policy- or
decision making functions for the corporation, or
§603605.E.1.a
through
603605.E.1.c
See above.
See above.
Reviewed; no issues found.
215
40 CFR
144.32(a)(1)(ii)
(See also
145.11(a)(11))
the manager of one or more manufacturing, production,
or operating facilities employing more than 250 persons
or having gross annual sales or expenditures exceeding
$25 million (in second-quarter 1980 dollars), if
authority to sign documents has been assigned or
delegated to the manager in accordance with corporate
procedures. NOTE: EPA does not require specific
assignments or delegations of authority to responsible
corporate officers identified in § 144.32(a)(1)(i). The
Agency will presume that these responsible corporate
officers have the requisite authority to sign permit
applications unless the corporation has notified the
Director to the contrary. Corporate procedures
governing authority to sign permit applications may
provide for assignment or delegation to applicable
corporate positions under § 144.32(a)(1)(ii) rather than
to specific individuals.
§603605.E.1.a
through
603605.E.1.c
See above.
See above.
Also, the language at 40 CFR
144.32(a)(1)(i) regarding facility
size or sales requirements will not
be adopted,
Text (see above) does not include
similar facility size or sales
requirements.
August 2020 review: no concerns
for stringency without this
specificity.
Docket No. IMD-2021-02; Page 146 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 46
March 2020 (Revised February 2021)
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216
No Equivalent
Federal Requirement
No Equivalent Federal Requirement
§603605.E.2
2. Limited Liability Company (LLC). By a
member if the LLC is member-managed, by a
manager if the LLC is manager-managed, or by a duly
authorized representative only if:
Reviewed; no issues found.
217
No Equivalent
Federal Requirement
No Equivalent Federal Requirement
§603605.E.2.a
through
603605.E.2.c
a. the authorization is made in writing by an
individual who would otherwise have signature
authority as outlined in §603605.E.2 above;
b. the authorization specifies either an
individual or position having responsibility for the
overall operation of a sequestration well, such as the
position of plant manager, superintendent, or position
of equivalent responsibility. A duly authorized
representative may thus be either a named individual
or any individual occupying a named position; and
c. the written authorization is submitted to the
Office of Conservation.
Reviewed; no issues found.
218
40 CFR 144.32(a)(2)
(See also
145.11(a)(11))
For a partnership or sole proprietorship: by a general
partner or the proprietor, respectively; or
§603605.E.3
3. Partnership or Sole Proprietorship. By a
general partner or proprietor, respectively; or
Text is identical.
219
40 CFR 144.32(a)(3)
(See also
145.11(a)(11))
For a municipality, State, Federal, or other public
agency: by either a principal executive officer or
ranking elected official. For purposes of this section, a
principal executive officer of a Federal agency includes:
§603605.E.4
4. Public Agency. By either a principal
executive officer or a ranking elected official of a
municipality, state, federal, or other public agency.
Text is similar, with no impact on
stringency.
220
40 CFR
144.32(a)(3)(i)
(See also
145.11(a)(11))
The chief executive officer of the agency, or
§603605.E.4
See above.
No state equivalent.
221
40 CFR
144.32(a)(3)(ii)
(See also
145.11(a)(11))
a senior executive officer having responsibility for the
overall operations of a principal geographic unit of the
agency (e.g., Regional Administrators of EPA).
§603605.E.4
See above.
No state equivalent.
222
40 CFR 144.32(c)
(See also
145.11(a)(11))
Changes to authorization. If an authorization under
paragraph (b) of this section is no longer accurate
because a different individual or position has
responsibility for the overall operation of the facility, a
new authorization satisfying the requirements of
paragraph (b) of this section must be submitted to the
Director prior to or together with any reports,
information, or applications to be signed by an
authorized representative.
§603605.F
F. Signature Reauthorization. If an
authorization under §603605.E is no longer accurate
because a different individual or position has
responsibility for the overall operation of a
sequestration well, a new authorization satisfying the
signature requirements must be submitted to the
Office of Conservation before or concurrent with any
reports, information, or applications required to be
signed by an authorized representative.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 147 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 47
March 2020 (Revised February 2021)
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LA Citation
LA Rule Text
223
40 CFR 144.32(d)
(See also
145.11(a)(11))
Certification. Any person signing a document under
paragraph (a) or (b) of this section shall make the
following certification: I certify under penalty of law
that this document and all attachments were prepared
under my direction or supervision in accordance with a
system designed to assure that qualified personnel
properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who
manage the system, or those persons directly
responsible for gathering the information, the
information submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false
information, including the possibility of fine and
imprisonment for knowing violations.
§603605.G
G. Certification. Any person signing a
document under §603605.E shall make the following
certification on the application:
"I certify under penalty of law that I have personally
examined and am familiar with the information
submitted in this document and all attachments and
that based on my inquiry of those individuals
immediately responsible for obtaining the
information, I believe that the information is true,
accurate, and complete. I am aware that there are
significant penalties for submitting false information,
including the possibility of fine and/or imprisonment."
“I certify under penalty of law that this document and
all attachments were prepared under my direction or
supervision in accordance with a system designed to
assure that qualified personnel properly gather and
evaluate the information submitted. Based on my
inquiry of the person or persons who manage the
system, or those persons directly responsible for
gathering the information, the information submitted
is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are
significant penalties for submitting false information,
including the possibility of fine and imprisonment for
knowing violations.”
While the language at §603605.G
is not verbatim to 40 144.32(d),
the intent of the federal rule is
preserved: that being, the
signatory has done their due
diligence to ensure that, to their
belief, all attached information is
true, accurate, and complete.
Reviewed; no issues found. State
certification does not reference “a
system designed to assure that
qualified personnel properly
gather and evaluate the
information submitted.”
August 2020 review: certification
statement is now identical to CFR.
40 CFR 144.33 Area permits.
224
40 CFR 144.33(a)
(See also
145.11(a)(12))
The Director may issue a permit on an area basis, rather
than for each well individually, provided that the permit
is for injection wells:
§603605.B
B. The commissioner cannot issue a permit on
an area basis for a Class VI well or permit.
Note that area permits are not
allowed for Class VI wells; area
permit provisions are included in
this crosswalk only to show that
they are banned for Class VI.
Reviewed; no issues found.
40 CFR 144.35 Effect of a permit.
Docket No. IMD-2021-02; Page 148 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 48
March 2020 (Revised February 2021)
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225
40 CFR 144.35(a)
(See also
145.11(a)(14))
Except for Class II and III wells, compliance with a
permit during its term constitutes compliance, for
purposes of enforcement, with Part C of the SDWA.
However, a permit may be modified, revoked and
reissued, or terminated during its term for cause as set
forth in §§ 144.39 and 144.40.
§603609.J and
§613613
J. Compliance. Compliance with a permit
during its term constitutes compliance, for purposes of
enforcement, with the act and these regulations.
-----
§613613. Permit Modification, Revocation and
Reissuance, Termination, Transfer or Renewal
While the language at §603609.J
and §613613 is not verbatim to
40 CFR 144.35(a), the intent of
the federal rule is preserved; that
being, effect of compliance with a
permit and the potential for permit
modification, revocation,
reissuance, termination, transfer,
or renewal for the causes set out
in §613613.
Reviewed; no issues found.
226
40 CFR 144.35(b)
(See also
145.11(a)(14))
The issuance of a permit does not convey any property
rights of any sort, or any exclusive privilege.
§603609.K
K. Property Rights. The issuance of a permit
does not convey any property rights of any sort, or
any exclusive privilege or servitude.
In addition to the text at 40 CFR
144.35(b) the following language
has been added at §603609.K:
servitude.
Reviewed; no issues found.
227
40 CFR 144.35(c)
(See also
145.11(a)(14))
The issuance of a permit does not authorize any injury
to persons or property or invasion of other private
rights, or any infringement of State or local law or
regulations.
§603609.Q
Q. The issuance of a permit does not authorize
any injury to persons or property or invasion of other
private rights, or any infringement of State or local
law or regulations.
Text is identical.
40 CFR 144.36 Duration of permits.
228
40 CFR 144.36(a)
(See also
145.11(a)(15))
Permits for Class I and V wells shall be effective for a
fixed term not to exceed 10 years. UIC permits for
Class II and III wells shall be issued for a period up to
the operating life of the facility. UIC permits for Class
VI wells shall be issued for the operating life of the
facility and the post-injection site care period. The
Director shall review each issued Class II, III, and VI
well UIC permit at least once every 5 years to determine
whether it should be modified, revoked and reissued,
terminated or a minor modification made as provided in
§§144.39, 144.40, or 144.41.
§603609.M.1
1. UIC permits for Class VI wells shall be
issued for the operating life of the facility and the
post-injection site care period. The commissioner
shall review each issued Class VI well permit at least
once every five years to determine whether it should
be modified, revoked and reissued, terminated, or a
minor modification made.
The language at §3609.M.1 is
specific to Class VI well and
conveys the Class VI-specific
aspects of 40 CFR 144.36(a).
Text is specific to Class VI wells
and conveys the Class VI-specific
aspects of the CFR.
August 2020 review: no concerns
for stringency.
229
40 CFR 144.36(b)
(See also
145.11(a)(15))
Except as provided in § 144.37, the term of a permit
shall not be extended by modification beyond the
maximum duration specified in this section.
§603609.M.2
2. The term of a permit shall not be extended
by modification beyond the maximum duration
specified in this Section, except as provided in
§603609.M.4 below.
Text is similar, with no impact on
stringency.
230
40 CFR 144.36(c)
(See also
145.11(a)(15))
The Director may issue any permit for a duration that is
less than the full allowable term under this section.
§603609.M.3
3. The commissioner may issue, for cause, any
permit for a duration that is less than the full
allowable term under this Section.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 149 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 49
March 2020 (Revised February 2021)
Code of Federal Regulations
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LA Citation
LA Rule Text
40 CFR 144.37 Continuation of expiring permits.
231
40 CFR 144.37
(a)(1)
EPA permits. When EPA is the permit-issuing
authority, the conditions of an expired permit continue
in force under 5 U.S.C. 558(c) until the effective date of
a new permit if:
(1) The permittee has submitted a timely application
which is a complete application for a new permit; and
§603609.M.4
4. The conditions of an expired permit may
continue in force until the effective date of a new
permit if the permittee has submitted a timely and a
complete application for a new permit, and the
commissioner, through no fault of the permittee, does
not issue a new permit with an effective date on or
before the expiration date of the previous permit (e.g.,
when issuance is impracticable due to time or resource
constraints).
Text is similar, with no impact on
stringency.
232
40 CFR 144.37
(a)(2)
The Regional Administrator, through no fault of the
permittee does not issue a new permit with an effective
date on or before the expiration date of the previous
permit (for example, when issuance is impracticable due
to time or resource constraints).
Text is similar, with no impact on
stringency. (see above)
233
40 CFR 144.37 (b)
Effect. Permits continued under this section remain fully
effective and enforceable.
§603609.M.4.a
a. Permits continued under this Section remain
fully effective and enforceable.
Text is identical.
234
40 CFR 144.37
(c)(1)
Enforcement. When the permittee is not in compliance
with the conditions of the expiring or expired permit the
Regional Administrator may choose to do any or all of
the following:
(1) Initiate enforcement action based upon the permit
which has been continued;
§603609.M.4.b
through
603609.M.4.b.i
b. When the permittee is not in compliance
with the conditions of the expiring or expired permit,
the commissioner may choose to do any or all of the
following:
i. initiate enforcement action based
upon the permit which has been continued;
Text is similar, with no impact on
stringency.
235
40 CFR 144.37
(c)(2)
Issue a notice of intent to deny the new permit. If the
permit is denied, the owner or operator would then be
required to cease the activities authorized by the
continued permit or be subject to enforcement action for
operating without a permit;
§603609.M.4.b
.ii
ii. issue a notice of intent to deny the new
permit. If the permit is denied, the owner or operator
would then be required to cease the activities
authorized by the continued permit or be subject to
enforcement action for operating without a permit;
Text is identical.
236
40 CFR 144.37
(c)(3)
Issue a new permit under part 124 with appropriate
conditions; or
§603609.M.4.b
.iii
iii. issue a new permit under the requirements
of these rules for issuing a new permit with
appropriate conditions; or
Text is similar, with no impact on
stringency.
237
40 CFR 144.37
(c)(4)
Take other actions authorized by these regulations.
§603609.M.4.b
.iv
iv. take other actions authorized by these
regulations.
Text is identical.
Docket No. IMD-2021-02; Page 150 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 50
March 2020 (Revised February 2021)
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Difference
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LA Citation
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238
40 CFR 144.37 (d)
State continuation. An EPA issued permit does not
continue in force beyond its time expiration date under
Federal law if at that time a State is the permitting
authority. A State authorized to administer the UIC
program may continue either EPA or State-issued
permits until the effective date of the new permits, if
State law allows. Otherwise, the facility or activity is
operating without a permit from the time of expiration
of the old permit to the effective date of the State-issued
new permit.
N/A
N/A. This provision is not required
for state programs.
40 CFR 144.38 Transfer of permits.
239
40 CFR 144.38(a)
(See also
145.11(a)(16))
Transfers by modification. Except as provided in
paragraph (b) of this section, a permit may be
transferred by the permittee to a new owner or operator
only if the permit has been modified or revoked and
reissued (under § 144.39(b)(2)), or a minor modification
made (under § 144.41(d)), to identify the new permittee
and incorporate such other requirements as may be
necessary under the Safe Drinking Water Act.
§613613.C.2
and through
613613.C.2.db
2. Causes for modification or revocation and
reissuance. The following are causes to modify or,
alternatively, revoke and reissue a permit:
a. cause exists for termination under §3613.E,
and the commissioner determines that modification or
revocation and reissuance is appropriate; or
b. the commissioner has received notification
of a proposed transfer of the permit and the transfer is
determined not to be a minor modification (see
§3613.D.4). A permit may be modified to reflect a
transfer after the effective date (§3613.F.2.b) but will
not be revoked and reissued after the effective date
except upon the request of the new permittee; or.
c. a determination that the waste being injected
is a hazardous waste as defined in §3601 either
because the definition has been revised, or because a
previous determination has been changed; or
d. to incorporate such other requirements as
may be necessary under the Safe Drinking Water
Act.2. Causes for modification or revocation and
reissuance. The following are causes to modify or,
alternatively, revoke and reissue a permit:
-------
b. the commissioner has received notification
of a proposed transfer of the permit and the transfer is
determined not to be a minor modification (see
§613.D.4). A permit may be modified to reflect a
transfer after the effective date (§613.F.2.b) but will
not be revoked and reissued after the effective date
except upon the request of the new permittee.
While the language at
§613613.C.2
and 613613.C.2.b is not verbatim
to 40 144.38(a), the intent of the
federal rule is preserved: that
being, the procedure for permit
transfer is outlined.
Text omits “incorporate such
requirements as may be necessary
under the SDWA.”
August 2020 review: EPA legal
staff input requested.
EPA August Review: LA did not
adopt the above language.
Clarification needed. Jay
Przyborski: (R6, ORC) Why omit
references to the SDWA here and
in Line #311.
EPA September Review: The
added text addresses EPA’s
August comment; no further
concerns for stringency.
Formatted: Not Strikethrough
Commented [LS9]: Updated
Commented [KS10]: Updated
Docket No. IMD-2021-02; Page 151 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 51
March 2020 (Revised February 2021)
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240
40 CFR 144.38(b)
(See also
145.11(a)(16))
Automatic transfers. As an alternative to transfers under
paragraph (a) of this section, any UIC permit for a well
not injecting hazardous waste or injecting carbon
dioxide for geologic sequestration may be automatically
transferred to a new permittee if:
N/A
Automatic transfer of permits for
Class VI wells will be prohibited.
Reviewed; no issues found.
(§609.L.4 allows transfers only
upon approval by the
commissioner.)
241
40 CFR 144.38(b)(1)
(See also
145.11(a)(16))
The current permittee notifies the Director at least 30
days in advance of the proposed transfer date referred to
in paragraph (b)(2) of this section;
N/A
See above.
Reviewed; no issues found.
242
40 CFR 144.38(b)(2)
(See also
145.11(a)(16))
The notice includes a written agreement between the
existing and new permittees containing a specific date
for transfer or permit responsibility, coverage, and
liability between them, and the notice demonstrates that
the financial responsibility requirements of §
144.52(a)(7) will be met by the new permittee; and
N/A
See above.
Reviewed; no issues found.
243
40 CFR 144.38(b)(3)
(See also
145.11(a)(16))
The Director does not notify the existing permittee and
the proposed new permittee of his or her intent to
modify or revoke and reissue the permit. A modification
under this paragraph may also be a minor modification
under § 144.41. If this notice is not received, the
transfer is effective on the date specified in the
agreement mentioned in paragraph (b)(2) of this section.
N/A
See above.
Reviewed; no issues found.
40 CFR 144.39 Modification or revocation and reissuance of permits.
Docket No. IMD-2021-02; Page 152 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 52
March 2020 (Revised February 2021)
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244
40 CFR 144.39
(See also
145.11(a)(17))
When the Director receives any information (for
example, inspects the facility, receives information
submitted by the permittee as required in the permit (see
§ 144.51 of this chapter), receives a request for
modification or revocation and reissuance under §
124.5, or conducts a review of the permit file) he or she
may determine whether or not one or more of the causes
listed in paragraphs (a) and (b) of this section for
modification or revocation and reissuance or both exist.
If cause exists, the Director may modify or revoke and
reissue the permit accordingly, subject to the limitations
of paragraph (c) of this section, and may request an
updated application if necessary. When a permit is
modified, only the conditions subject to modification
are reopened. If a permit is revoked and reissued, the
entire permit is reopened and subject to revision and the
permit is reissued for a new term. See § 124.5(c)(2) of
this chapter. If cause does not exist under this section or
§ 144.41 of this chapter, the Director shall not modify
or revoke and reissue the permit. If a permit
modification satisfies the criteria in § 144.41 for
‘‘minor modifications’’ the permit may be modified
without a draft permit or public review. Otherwise, a
draft permit must be prepared and other procedures in
part 124 must be followed.
§613613.B
through
613613.B.5
B. Permit Actions
1. The permit may be modified, revoked and
reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification,
revocation and reissuance, or termination, or a
notification of planned changes or anticipated
noncompliance, does not stay any permit condition.
2. The permittee shall furnish to the
commissioner, within 30 days, any information which
the commissioner may request to determine whether
cause exists for modifying, revoking and reissuing, or
terminating a permit, or to determine compliance with
the permit. The permittee shall also furnish to the
commissioner, upon request, copies of records
required to be kept by the permit.
3. The commissioner may, upon his own
initiative or at the request of any interested person,
review any permit to determine if cause exists to
modify, revoke and reissue, or terminate the permit
for the reasons specified in §§613613.C, D, and E. All
requests shall be in writing and shall contain facts or
reasons supporting the request.
4. If the commissioner decides the request is
not justified, he shall send the person making the
request a brief written response giving a reason for the
decision. Denials of requests for modification,
revocation and reissuance, or termination are not
subject to public notice, comment, or hearings.
5. If the commissioner decides to modify or
revoke and reissue a permit under §§613613.C, D, and
E, he shall prepare a draft permit under §613611.C
incorporating the proposed changes. When a permit is
modified, the entire permit is reopened and is subject
to revision. The commissioner may request additional
information and, in the case of a modified permit, may
require the submission of an updated permit
application. In the case of revoked and reissued
permits, the commissioner shall require, if necessary,
the submission of a new application.
While the language at §613613.B
through 613613.B.5 is not
verbatim to 40 CFR 144.39, the
intent of the federal rule is
preserved: that being, permits may
be reviewed for the purpose of
modification, revocation,
reissuance, or termination, and the
commissioner may modify,
revoke, reissue, or terminate
accordingly if cause exists.
The struck-out text of 40 CFR
144.39 will not be adopted. When
a permit is modified, the entire
permit will may be reopened and
subject to revision.
The following emphasized
language has been added at
§3613.B.5: When a permit is
modified, the entire permit is
reopened and is subject to
revision.
Text does not specify that the
entire permit is reopened and
subject to revision (this is struck
out, and reopening the entire
permit would not limit stringency),
and that the permit is reissued for
a new term (which is not an issue,
as Class VI permits are for the life
of the facility and subject to 5 year
review/AoR reevaluation).
Note that 613.B.1 also includes the
following text: “The filing of a
request by the permittee for a
permit modification, revocation
and reissuance, or termination, or
a notification of planned changes
or anticipated noncompliance,
does not stay any permit
condition.” (No impact on
stringency.)
August 2020 review: no concerns
for stringency.
Docket No. IMD-2021-02; Page 153 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 53
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
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LA Citation
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245
40 CFR 144.39(a)
(See also
145.11(a)(17))
Causes for modification. The following are causes for
modification. For Class I hazardous waste injection
wells, Class II, Class III or Class VI wells the following
may be causes for revocation and reissuance as well as
modification; and for all other wells the following may
be cause for revocation or reissuance as well as
modification when the permittee requests or agrees.
§613613.C.1
1. The following are causes for modification
and may be causes for revocation and reissuance of
permits.
The struck-out text of 40 CFR
144.39(a) will not be adopted.
Reviewed; no issues found.
246
40 CFR 144.39(a)(1)
(See also
145.11(a)(17))
Alterations. There are material and substantial
alterations or additions to the permitted facility or
activity which occurred after permit issuance which
justify the application of permit conditions that are
different or absent in the existing permit.
§613613.C.1.a
a. Alterations. There are material and
substantial alterations or additions to the permitted
facility or activity which occurred after permit
issuance which justify the application of permit
conditions that are different or absent in the existing
permit.
Text is identical.
247
40 CFR 144.39(a)(2)
(See also
145.11(a)(17))
Information. The Director has received information.
Permits other than for Class II and III wells may be
modified during their terms for this cause only if the
information was not available at the time of permit
issuance (other than revised regulations, guidance, or
test methods) and would have justified the application
of different permit conditions at the time of issuance.
For UIC area permits (§ 144.33), this cause shall
include any information indicating that cumulative
effects on the environment are unacceptable.
§613613.C.1.b
b. Information. The commissioner has
received information pertinent to the permit that
would have justified the application of different
permit conditions at the time of issuance.
While the language at
§613613.C.1.b is not verbatim to
40 CFR 144.39(a)(2), the intent of
the federal rule is preserved: that
being, that information not
available at the time of permit
issuance is a valid cause for
modification and may be a valid
cause for revocation and
reissuance.
The struck-out text of 40 CFR
144.39(a)(2) will not be adopted.
Text does not specify that this
applies only if the information was
not available at the time of
issuance.
EPA August Review: While the
text is not verbatim, stringency
should not be impacted because
the Director retains the ability to
modify permits based on any
available information, such as
information that was not available
at the time of permit issuance.
248
40 CFR 144.39(a)(3)
(See also
145.11(a)(17))
New regulations. The standards or regulations on which
the permit was based have been changed by
promulgation of new or amended standards or
regulations or by judicial decision after the permit was
issued. Permits other than for Class I hazardous waste
injection wells, Class II, Class III or Class VI wells may
be modified during their permit terms for this cause
only as follows:
§613613.C.1.c.i
i. The standards or regulations on which the
permit was based have been changed by promulgation
of amended standards or regulations or by judicial
decision after the permit was issued. and conformance
with the changed standards or regulations is necessary
for the protection of the health or safety of the public
or the environment. Permits for Class VI wells may be
modified during their terms when:
While the language at
§613613.C.1.c.i is not verbatim to
40 CFR 144.39(a)(3), the intent of
the federal rule is preserved: that
being, that changes in standards or
regulations due to amended
regulations or judicial decision
after the permit was issued are
cause for permit modification.
Text as written appears to require
permit modification only if
conformance is necessary for the
protection of the health or safety
of the public or the environment;
suggest clarification to better
reflect the intent as described.
August 2020 review: first sentence
is now similar to CFR. No
concerns for stringency.
Docket No. IMD-2021-02; Page 154 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 54
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
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LA Citation
LA Rule Text
249
40 CFR
144.39(a)(3)(i)(A)
(See also
145.11(a)(17))
For promulgation of amended standards or regulations,
when:
(A) The permit condition requested to be modified was
based on a promulgated part 146 regulation; and
§613613.C.1.c.i
.a
(a). the permit condition requested to be
modified was based on a promulgated regulation or
guideline;
Text is similar, with no impact on
stringency.
250
40 CFR
144.39(a)(3)(i)(B)
(See also
145.11(a)(17))
EPA has revised, withdrawn, or modified that portion of
the regulation on which the permit condition was based,
and
§613613.C.1.c.i
.b
(b). there has been a revision, withdrawal, or
modification of that portion of the regulation or
guideline on which the permit condition was based;
and
Text is similar, with no impact on
stringency.
251
40 CFR
144.39(a)(3)(i)(C)
(See also
145.11(a)(17))
A permittee requests modification in accordance with §
124.5 within ninety (90) days after Federal Register
notice of the action on which the request is based.
§613613.C.1.c.i
.c
(c). a permittee requests modification within 90
days after Louisiana Register notice of the action on
which the request is based.
Text is similar, with no impact on
stringency.
252
No Equivalent
Federal Requirement
No Equivalent Federal Requirement
§613613.C.1.c.i
i
ii. When standards or regulations on which the
permit was based have been changed by withdrawal of
standards or regulations or by promulgation of
amended standards or regulations which impose less
stringent requirements on the permitted activity or
facility and the permittee requests to have permit
conditions based on the withdrawn or revised
standards or regulations deleted from his permit, the
permit may be modified as a minor modification
without providing for public comment..
EPA review is requested to ensure
that the public would be made
aware of any changes that
wouldn’t be otherwise publicly
known (this provision probably
would only apply if the Class VI
regs changed).
August 2020 review: revision
poses no concerns for stringency
(minor permit mods do not require
public comment).
253
40 CFR
144.39(a)(3)(ii)
(See also
145.11(a)(17))
For judicial decisions, a court of competent jurisdiction
has remanded and stayed EPA promulgated regulations
if the remand and stay concern that portion of the
regulations on which the permit condition was based
and a request is filed by the permittee in accordance
with § 124.5 within ninety (90) days of judicial remand.
§613613.C.1.c.i
ii
iii. For judicial decisions, a court of competent
jurisdiction has remanded and stayed Office of
Conservation regulations or guidelines and all appeals
have been exhausted, if the remand and stay concern
that portion of the regulations or guidelines on which
the permit condition was based and a request is filed
by the permittee to have permit conditions based on
the remanded or stayed standards or regulations
deleted from his permit.
In addition to the text at 40 CFR
144.39(a)(3)(ii), the following
emphasized language has been
added at §3613.C.1.c.iii: where
appropriate.
The requirement for ninety (90)
days of judicial remand has been
omitted.
Text adds “all appeals have been
exhausted,” and omits the 90 day
requirement.
August 2020 review: no change.
Docket No. IMD-2021-02; Page 155 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 55
March 2020 (Revised February 2021)
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Current Louisiana Statutes and Regulations
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LA Citation
LA Rule Text
254
40 CFR 144.39(a)(4)
(See also
145.11(a)(17))
Compliance schedules. The Director determines good
cause exists for modification of a compliance schedule,
such as an act of God, strike, flood, or materials
shortage or other events over which the permittee has
little or no control and for which there is no reasonably
available remedy. See also § 144.41(c) (minor
modifications).
§613613.C.1.d
d. Compliance Schedules. The commissioner
determines good cause exists for modification of a
compliance schedule, such as an act of God, strike,
flood, or materials shortage or other events over
which the permittee has little or no control and for
which there is no reasonable available remedy.
Text is similar, with no impact on
stringency.
255
40 CFR 144.39(a)(5)
(See also
145.11(a)(17))
Basis for modification of Class VI permits.
Additionally, for Class VI wells, whenever the Director
determines that permit changes are necessary based on:
§613613.C.1.e
e. Additional Modification of Class VI
Permits. For Class VI wells, whenever the
commissioner determines that permit changes are
necessary based on:
Text is similar, with no impact on
stringency.
256
40 CFR
144.39(a)(5)(i)
(See also
145.11(a)(17))
Area of review reevaluations under §146.84(e)(1) of
this chapter;
§613613.C.1.e.i
i. area of review reevaluations under
§613615.C.2;
Text is similar, with no impact on
stringency.
257
40 CFR
144.39(a)(5)(ii)
(See also
145.11(a)(17))
Any amendments to the testing and monitoring plan
under §146.90(j) of this chapter;
§613613.C.1.e.i
i
ii. any amendments to the testing and
monitoring plan under §623625.A.10;
Text is similar, with no impact on
stringency.
258
40 CFR
144.39(a)(5)(iii)
(See also
145.11(a)(17))
Any amendments to the injection well plugging plan
under §146.92(c) of this chapter;
§613613.C.1.e.i
ii
iii. any amendments to the injection well
plugging plan under §6313631.A.3;
Text is similar, with no impact on
stringency.
259
40 CFR
144.39(a)(5)(iv)
(See also
145.11(a)(17))
Any amendments to the post-injection site care and site
closure plan under §146.93(a)(3) of this chapter;
§613613.C.1.e.i
v
iv. any amendments to the post-injection site
care and site closure plan under §6333633.A.1.c;
Text is similar, with no impact on
stringency.
26060
40 CFR
144.39(a)(5)(v)
(See also
145.11(a)(17))
Any amendments to the emergency and remedial
response plan under §146.94(d) of this chapter; or
§613613.C.1.e.
v
v. any amendments to the emergency and
remedial response plan under §623625.A.4; or
Text is similar, with no impact on
stringency.
26161
40 CFR
144.39(a)(5)(vi)
(See also
145.11(a)(17))
A review of monitoring and/or testing results conducted
in accordance with permit requirements.
§613613.C.1.e.
vi
vi. a review of monitoring and testing results
conducted in accordance with permit requirements.
Text changes “and/or” to “and.”
26262
40 CFR 144.39(b)
(See also
145.11(a)(17))
Causes for modification or revocation and reissuance.
The following are causes to modify or, alternatively,
revoke and reissue a permit:
§613613.C.2
2. Causes for modification or revocation and
reissuance. The following are causes to modify or,
alternatively, revoke and reissue a permit:
Text is identical.
Docket No. IMD-2021-02; Page 156 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 56
March 2020 (Revised February 2021)
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263
40 CFR 144.39(b)(1)
(See also
145.11(a)(17))
Cause exists for termination under § 144.40, and the
Director determines that modification or revocation and
reissuance is appropriate.
§613613.C.2.a
a. cause exists for termination under
§613613.E, and the commissioner determines that
modification or revocation and reissuance is
appropriate; or
Text is similar, with no impact on
stringency.
August 2020 review: revision has
no impact on stringency.
264
40 CFR 144.39(b)(2)
(See also
145.11(a)(17))
The Director has received notification (as required in
the permit, see § 144.41(d)) of a proposed transfer of
the permit. A permit also may be modified to reflect a
transfer after the effective date of an automatic transfer
(§ 144.38(b)) but will not be revoked and reissued after
the effective date of the transfer except upon the request
of the new permittee.
§613613.C.2.b
b. the commissioner has received notification
of a proposed transfer of the permit and the transfer is
determined not to be a minor modification (see
§613613.D.4). A permit may be modified to reflect a
transfer after the effective date (§613613.F.2.b) but
will not be revoked and reissued after the effective
date except upon the request of the new permittee; or.
In addition to the text at 40 CFR
144.39(b)(2), the following
emphasized language has been
added at §3613.C.2.b: and the
transfer is determined not to be a
minor modification (see
§3613.D.4).
Text adds “determined not to be a
minor modification.”
August 2020 review: revision has
no impact on stringency.
265
40 CFR 144.39(b)(3)
(See also
145.11(a)(17))
A determination that the waste being injected is a
hazardous waste as defined in § 261361.3 either
because the definition has been revised, or because a
previous determination has been changed.
§3613.C.2.cN/
A
c. a determination that the waste being injected
is a hazardous waste as defined in §3601 either
because the definition has been revised, or because a
previous determination has been changed.
Clarification is needed regarding
whether the permit would need to
be modified if the waste was
determined to be hazardous.
August 2020 review: revision
addresses the above comment;
state provision is similar to CFR.
No concerns for stringency.
EPA August Review: Cannot find
this on the LDNR draft Rule (page
18) LA’s July Rule text should be
edited to include the added
crosswalk text under “LA Rule
Text” column “c. a determination
that…”
EPA September Review: The
added Rule text addresses EPA’s
August comment; no further
concerns for stringency.
Commented [LS11]: Updated.
Commented [KS12]: Updated
Docket No. IMD-2021-02; Page 157 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 57
March 2020 (Revised February 2021)
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266
40 CFR 144.39(c)
(See also
145.11(a)(17))
Facility siting. Suitability of the facility location will
not be considered at the time of permit modification or
revocation and reissuance unless new information or
standards indicate that a threat to human health or the
environment exists which was unknown at the time of
permit issuance.
§613613.C.3
3. Facility Siting. Suitability of an existing
facility location will not be considered at the time of
permit modification or revocation and reissuance
unless new information or standards indicate that
continued operations at the site pose a threat to the
health or safety of persons or the environment which
was unknown at the time of permit issuance. A change
of injection site or facility location may require
modification or revocation and issuance as determined
to be appropriate by the commissioner.
In addition to the text at 40 CFR
144.39(c), the following language
has been added at §613613.C.3: a
change of injection site or facility
location may require modification
or revocation and issuance as
determined to be appropriate by
the commissioner.
Reviewed; no issues found
.
267
No Equivalent
Federal Requirement
No Equivalent Federal Requirement
§613613.C.4
4. If a permit modification satisfies the criteria
of this Section, a draft permit must be prepared and
other applicable procedures must be followed.
Reviewed; no issues found.
40 CFR 144.40 Termination of permits.
268
40 CFR 144.40(a)
(See also
145.11(a)(18))
The Director may terminate a permit during its term, or
deny a permit renewal application for the following
causes:
§613613.E.1
1. The commissioner may terminate a permit
during its term for the following causes:
The struck-out text of 40 CFR
144.40(a) will not be adopted.
Reviewed; no issues found. Text
omits “deny a permit renewal
application;” this would not apply
to a Class VI permit.
August 2020 review: no concerns
for stringency.
269
40 CFR 144.40(a)(1)
(See also
145.11(a)(18))
Noncompliance by the permittee with any condition of
the permit;
§613613.E.1.a
a. noncompliance by the permittee with any
condition of the permit;
Text is identical.
270
40 CFR 144.40(a)(2)
(See also
145.11(a)(18))
The permittee’s failure in the application or during the
permit issuance process to disclose fully all relevant
facts, or the permittee’s misrepresentation of any
relevant facts at any time; or
§613613.E.1.b
b. the permittee's intentional failure in the
application or during the permit issuance process to
disclose fully all relevant facts, or the permittee's
misrepresentation of any relevant facts at any time; or
In addition to the text at 40 CFR
144.40(a)(2), the following
emphasized language has been
added at §613.E.1.b: the
permittee's intentional failure.
Clarification is needed regarding
whether the permit would be
terminated if relevant facts were
unintentionally not disclosed.
August 2020 review: revision
addresses the above comment;
state provision is similar to CFR.
No concerns for stringency.
Docket No. IMD-2021-02; Page 158 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 58
March 2020 (Revised February 2021)
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271
40 CFR 144.40(a)(3)
(See also
145.11(a)(18))
A determination that the permitted activity endangers
human health or the environment and can only be
regulated to acceptable levels by permit modification or
termination;
§613613.E.1.c
c. a determination that the permitted activity
endangers the health or safety of persons or the
environment which activity cannot be regulated to
acceptable levels by permit modification and can only
be regulated to acceptable levels by permit
termination.
The struck-out text of 40 CFR
144.40(a)(3) will not be adopted.
Text is limited to termination and
specifically excludes modification.
August 2020 review: no concerns
for stringency.
EPA August Review: Omitted text
is included in draft rule and while
not verbatim it appears to be more
stringent since permits will only
allow termination in certain cases.
272
40 CFR 144.40(b)
(See also
145.11(a)(18))
The Director shall follow the applicable procedures in
part 124 in terminating any permit under this section.
§613613.E.2
through
613613.E.3
2. If the commissioner decides to terminate a
permit, he shall issue a notice of intent to terminate. A
notice of intent to terminate is a type of draft permit
which follows the same procedures as any draft permit
prepared under §613611.C.
3. The commissioner may alternatively decide
to modify or revoke and reissue a permit for the
causes in §613613.E.1 (see §613613.C.2.a).
While the language from
§3613.E.2 and 3613.E.3 is not
verbatim to 40 CFR 144.40(b), the
intent of the federal rule is
preserved, that being, the
commissioner shall follow the
reference applicable procedures
for permit termination. This
includes issuing a form of draft
permit that must follow the
procedures referenced in §3611.C.
Text is not equivalent, but appears
to reference the applicable
procedures.
August 2020 review: no concerns
for stringency.
40 CFR 144.41 Minor modifications of permits.
273
40 CFR 144.41
Upon the consent of the permittee, the Director may
modify a permit to make the corrections or allowances
for changes in the permitted activity listed in this
section, without following the procedures of part 124.
Any permit modification not processed as a minor
modification under this section must be made for cause
and with part 124 draft permit and public notice as
required in §144.39. Minor modifications may only:
§613613.D
D. Minor Modifications of Permits. Upon the
consent of the permittee, the commissioner may
modify a permit to make the corrections or allowances
for changes in the permitted activity listed in this
Section without issuing a draft permit and providing
for public comment. Minor modifications may only:
Reviewed; no issues found.
274
40 CFR 144.41(a)
Correct typographical errors;
§613613.D.1
1. correct typographical errors;
Text is identical.
275
40 CFR 144.41(b)
Require more frequent monitoring or reporting by the
permittee;
§613613.D.2
2. require more frequent monitoring or
reporting by the permittee;
Text is identical.
276
40 CFR 144.41(c)
Change an interim compliance date in a schedule of
compliance, provided the new date is not more than 120
days after the date specified in the existing permit and
does not interfere with attainment of the final
compliance date requirement; or
§613613.D.3
3. change an interim compliance date in a
schedule of compliance, provided the new date is not
more than 120 days after the date specified in the
existing permit and does not interfere with attainment
of the final compliance date requirement;
The struck-out text of 40 CFR
144.41(c) will not be adopted.
Text drops the 120 day timeframe.
August 2020 review: state
provision is now identical to CFR
(the note in the “difference”
column is now incorrect).
Docket No. IMD-2021-02; Page 159 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 59
March 2020 (Revised February 2021)
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277
40 CFR 144.41(d)
Allow for a change in ownership or operational control
of a facility where the Director determines that no other
change in the permit is necessary, provided that a
written agreement containing a specific date for transfer
of permit responsibility, coverage, and liability between
the current and new permittees has been submitted to
the Director.
§613613.D.4
4. allow for a change in ownership or
operational control of a facility where the
commissioner determines that no other change in the
permit is necessary, provided that a written agreement
containing a specific date for transfer of permit
responsibility, coverage, and liability between the
current and new permittees has been submitted to the
commissioner (see §613613.F);
Text is identical.
278
40 CFR 144.41(e)
Change quantities or types of fluids injected which are
within the capacity of the facility as permitted and, in
the judgment of the Director, would not interfere with
the operation of the facility or its ability to meet
conditions described in the permit and would not
change its classification.
§613613.D.5
5. change quantities or types of fluids injected
which are within the capacity of the facility as
permitted and, in the judgment of the commissioner,
would not interfere with the operation of the facility
or its ability to meet conditions prescribed in the
permit, and would not change its classification;
Text is identical.
279
40 CFR 144.41(f)
Change construction requirements approved by the
Director pursuant to § 144.52(a)(1) (establishing UIC
permit conditions), provided that any such alteration
shall comply with the requirements of this part and part
146.
§613613.D.6
6. change construction requirements or plans
approved by the commissioner provided that any such
alteration shall comply with the requirements of this
Section and §613617. No such changes may be
physically incorporated into construction of the well
prior to approval.
In addition to the text at 40 CFR
144.41(f), the following language
has been added at §613613.D.6:
No such changes may be
physically incorporated into
construction of the well prior to
approval; or.
Reviewed; no issues found.
280
40 CFR 144.41(h)
Amend a Class VI injection well testing and monitoring
plan, plugging plan, post-injection site care and site
closure plan, or emergency and remedial response plan
where the modifications merely clarify or correct the
plan, as determined by the Director.
§613613.D.7
7. amend a Class VI injection well testing and
monitoring plan, plugging plan, post-injection site
care and site closure plan, or emergency and remedial
response plan where the modifications merely clarify
or correct the plan, as determined by the
commissioner.
Text is identical.
Subpart E - Permit Conditions
Docket No. IMD-2021-02; Page 160 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 60
March 2020 (Revised February 2021)
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281
40 CFR 144.51
(See also
145.11(a)(19))40
CFR 144.51
Conditions
applicable to all
permits.
The following conditions apply to all UIC permits. All
conditions applicable to all permits shall be
incorporated into the permits either expressly or by
reference. If incorporated by reference, a specific
citation to these regulations (or the corresponding
approved State regulations) must be given in the permit.
§603609.A
A. Applicability. The rules and regulations of
this Section set forth legal conditions for Class VI
well permits. Permits for owners or operators of Class
VI injection wells shall include conditions meeting
applicable requirements of §§3609, 3615, 3617, 3619,
3621, 3623, 3625, 3627, 3629, and 3631§106. All
conditions applicable to all permits shall be
incorporated into the permits either expressly or by
reference. If incorporated by reference, a specific
citation to these regulations must be given in the
permit
In addition to the text at 40 CFR
144.51, the following language
has been added at §3609.A:
Applicability. The rules and
regulations of this Section set
forth legal conditions for Class VI
well permits. Permits for owners
or operators of Class VI injection
wells shall include conditions
meeting applicable requirements
of §§3609, 3615, 3617, 3619,
3621, 3623, 3625, 3627, 3629,
and 3631
The struck-out text of 40 CFR
144.51 will not be adopted.
Text does not address
incorporating conditions by
reference.
Note that instead of §106, the draft
rule text lists “§609, §615, §617,
§619, §621, §623, §625, §627,
§629, and §631.” (No impact on
stringency.)
August 2020 review: last 2
sentences have no concerns for
stringency.
282
40 CFR 144.51(a)
(See also
145.11(a)(19))
Duty to comply. The permittee must comply with all
conditions of this permit. Any permit noncompliance
constitutes a violation of the Safe Drinking Water Act
and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification;
or for denial of a permit renewal application; except that
the permittee need not comply with the provisions of
this permit to the extent and for the duration such
noncompliance is authorized in an emergency permit
under §144.34.
§603609.D
D. Duty to Comply. The permittee must
comply with all conditions of a permit. Any permit
noncompliance constitutes a violation of the act and is
grounds for enforcement action or permit termination,
revocation and reissuance, or modification; or for
denial of a permit renewal application if the
commissioner determines that such noncompliance
endangers underground sources of drinking water.
The struck-out text of 40 CFR
144.51(a) will not be adopted.
Authorization by rule for Class VI
wells will be prohibited.
Emergency permits will not be
granted for Class VI wells.
Reviewed; no issues found.
283
40 CFR 144.51(b)
(See also
145.11(a)(19))
Duty to reapply. If the permittee wishes to continue an
activity regulated by this permit after the expiration date
of this permit, the permittee must apply for and obtain a
new permit.
§603609.E
E. Duty to Reapply. If the permittee wishes to
continue an activity regulated by a permit after the
expiration date of this permit, the permittee must
apply for and obtain a new permit.
Text is identical.
284
40 CFR 144.51(c)
(See also
145.11(a)(19))
Need to halt or reduce activity not a defense. It shall not
be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with
the conditions of this permit.
§603609.F
F. Duty to Halt or Reduce Activity. It shall not
be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance
with the conditions of this permit.
Text is identical.
Docket No. IMD-2021-02; Page 161 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 61
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
285
40 CFR 144.51(d)
(See also
145.11(a)(19))
Duty to mitigate. The permittee shall take all reasonable
steps to minimize or correct any adverse impact on the
environment resulting from noncompliance with this
permit.
§603609.G
G. Duty to Mitigate. The permittee shall take
all reasonable steps to minimize or correct any
adverse impact on the environment such as the
contamination of underground sources of drinking
water resulting from noncompliance with this permit.
In addition to the text at 40 CFR
144.51(d), the following
emphasized language has been
added at §603609.G: on the
environment such as the
contamination of underground
sources of drinking water
resulting…
Reviewed; no issues found.
286
40 CFR 144.51(e)
(See also
145.11(a)(19))
Proper operation and maintenance. The permittee shall
at all times properly operate and maintain all facilities
and systems of treatment and control (and related
appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of
this permit. Proper operation and maintenance includes
effective performance, adequate funding, adequate
operator staffing and training, and adequate laboratory
and process controls, including appropriate quality
assurance procedures. This provision requires the
operation of back-up or auxiliary facilities or similar
systems only when necessary to achieve compliance
with the conditions of the permit.
§603609.H
H. Proper Operation and Maintenance. The
permittee shall at all times properly operate and
maintain all facilities and systems of treatment and
control (and related appurtenances) which are
installed or used by the permittee to achieve
compliance with the conditions of his permit. Proper
operation and maintenance includes effective
performance, adequate funding, adequate operation
staffing and training, and adequate laboratory process
controls, including appropriate quality assurance
procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems only
when necessary to achieve compliance with the
conditions of the permit.
Text is identical.
287
40 CFR 144.51(f)
(See also
145.11(a)(19))
Permit actions. This permit may be modified, revoked
and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification,
revocation and reissuance, or termination, or a
notification of planned changes or anticipated
noncompliance, does not stay any permit condition.
§613613.B.1
1. The permit may be modified, revoked and
reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification,
revocation and reissuance, or termination, or a
notification of planned changes or anticipated
noncompliance, does not stay any permit condition.
Text is identical.
288
No Equivalent
Federal Requirement
No Equivalent Federal Requirement
§603609.J
J. Compliance. Compliance with a permit
during its term constitutes compliance, for purposes of
enforcement, with the act and these regulations.
Reviewed; no issues found.
289
40 CFR 144.51(g)
(See also
145.11(a)(19))
Property rights. This permit does not convey any
property rights of any sort, or any exclusive privilege.
§603609.K
K. Property Rights. The issuance of a permit
does not convey any property rights of any sort, or
any exclusive privilege or servitude.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 162 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 62
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
290
40 CFR 144.51(h)
(See also
145.11(a)(19))
Duty to provide information. The permittee shall furnish
to the Director, within a time specified, any information
which the Director may request to determine whether
cause exists for modifying, revoking and reissuing, or
terminating this permit, or to determine compliance
with this permit. The permittee shall also furnish to the
Director, upon request, copies of records required to be
kept by this permit.
§613613.B.2
2. The permittee shall furnish to the
commissioner, within 30 days, any information which
the commissioner may request to determine whether
cause exists for modifying, revoking and reissuing, or
terminating a permit, or to determine compliance with
the permit. The permittee shall also furnish to the
commissioner, upon request, copies of records
required to be kept by the permit.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 163 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 63
March 2020 (Revised February 2021)
291
40 CFR 144.51(i)
(See also
145.11(a)(19))
Inspection and entry. The permittee shall allow the
Director, or an authorized representative, upon the
presentation of credentials and other documents as may
be required by law, to:
§603609.I
I. Inspection and Entry. Inspection and entry
shall be allowed as prescribed in R.S. of 1950, Title
30, Sections 1104 and 1106.
While the language at §3609.I is
not verbatim to 40 CFR 144.51(i),
the intent of the federal rule is
preserved. Per R.S. of 1950, Title
30, Section 1104, “(A) “The
commissioner shall have authority
to: (1) Regulate the development
and operation of storage facilities
and pipelines transmitting carbon
dioxide to storage facilities, …”
(3) Make such inquiries as he
deems proper to determine
whether or not waste, over which
he has jurisdiction, exists or is
imminent. In the exercise of this
power the commissioner has the
authority to collect data; to make
investigations and inspections; to
examine properties, papers …”
The commissioner has
jurisdiction and authority over all
persons and property necessary to
enforce effectively the provisions
of this Chapter and all other laws
relating to the conservation of oil
or gas.”
Per R.S. of 1950, Title 30, Section
1106 “(A) The commissioner shall
have authority to perform any and
all acts necessary to carry out the
purposes and requirements of the
federal Safe Drinking Water Act,
as amended, relating to the state’s
participation in the underground
injection control program
established under that act with
respect to the storage and
sequestration of carbon dioxide.”
Inspection and entry by the
commissioner or an authorized
representative is allowed as
prescribed by the commissioner’s
“jurisdiction and authority over
Text does not include the
designation of an authorized
representative.
August 2020 review: clarification
is noted; no concerns for
stringency.
Docket No. IMD-2021-02; Page 164 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 64
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
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CFR Text
LA Citation
LA Rule Text
allauthority to: persons and
property necessary to enforce
effectively the provisions of this
Chapter and all other laws relating
to the conservation of oil or
gasmake investigations and
inspections; to examine
properties, papers, books, and
records;….” and under the
commissioner’s “authority to
perform any and all acts necessary
to carry out the purposes and
requirements of the federal Safe
Drinking Water Act, as amended,
relating to this state’s participation
in the underground injection
control program established under
the act with respect to the storage
and sequestration of carbon
dioxide.”
Docket No. IMD-2021-02; Page 165 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 65
March 2020 (Revised February 2021)
292
40 CFR 144.51(i)(1)
(See also
145.11(a)(19))
Enter upon the permittee's premises where a regulated
facility or activity is located or conducted, or where
records must be kept under the conditions of this
permit;
R.S. of 1950,
Title 30,
Section 4, A
through
B1104.A.3
(A) The commissioner shall have authority to: (1)
Regulate the development and operation of storage
facilities and pipelines transmitting carbon dioxide to
storage facilities, …”
(3) Make such inquiries as he deems proper to
determine whether or not waste, over which he
has jurisdiction, exists or is imminent. In the exercise
of this power the commissioner has the
authority to collect data; to make investigations and
inspections; to examine properties, papers,
books, and records; to examine, survey, check, test,
and gauge injection, withdrawal and other
wells used in connection with carbon storage; to
examine, survey, check, test, and gauge tanks,
and modes of transportation; to hold hearings; to
provide for the keeping of records and the
making of reports; to require the submission of an
emergency phone number by which the
operator may be contacted in case of an emergency;
and to take any action as reasonably
appears to him to be necessary to enforce this Chapter.
A. The commissioner has jurisdiction and
authority over all persons and property necessary to
enforce effectively the provisions of this Chapter and
all other laws relating to the conservation of oil or gas.
B. The commissioner shall make such
inquiries as he thinks proper to determine whether or
not waste, over which he has jurisdiction, exists or is
imminent. In the exercise of this power the
commissioner has the authority to collect data; to
make investigations and inspections; to examine
properties, leases, papers, books, and records; to
examine, survey, check, test, and gauge oil and gas
wells, tanks, refineries, and modes of transportation;
to hold hearings; to provide for the keeping of records
and the making of reports; to require the submission
of an emergency phone number by which the operator
may be contacted in case of an emergency; and to take
any action as reasonably appears to him to be
necessary to enforce this Chapter.
While the language at R.S. of
1950, Title 30, Section 41104 is
not verbatim to 40 CFR
144.51(i)(1), the intent of the
federal rule is preserved; that
being, the commissioner holds
authority to inspect and enter
relevant premises to make the
inquiries and data collections
detailed in 40 CFR 144.519(i)(1)
through and 144.519(i)(4.)
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 166 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 66
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
293
40 CFR 144.51(i)(2)
(See also
145.11(a)(19))
Have access to and copy, at reasonable times, any
records that must be kept under the conditions of this
permit;
R.S. of 1950,
Title 30,
Section 1104.
A.3
See above.
See above.
Text does not include copying
records.
August 2020 review: clarification
is noted; no concerns for
stringency.
294
40 CFR 144.51(i)(3)
(See also
145.11(a)(19))
Inspect at reasonable times any facilities, equipment
(including monitoring and control equipment),
practices, or operations regulated or required under this
permit; and
R.S. of 1950,
Title 30,
Section 1104.
A.3R.S. of
1950, Title 30,
Section 4
See above.
See above.
Text does not include “monitoring
and control equipment.”
August 2020 review: clarification
is noted; no concerns for
stringency.
295
40 CFR 144.51(i)(4)
(See also
145.11(a)(19))
Sample or monitor at reasonable times, for the purposes
of assuring permit compliance or as otherwise
authorized by the SDWA, any substances or parameters
at any location.
R.S. of 1950,
Title 30,
Section 1104.
A.3 R.S. of
1950, Title 30,
Section 4
See above.
See above.
Likely covered by “collect data” in
text.
August 2020 review: clarification
is noted; no concerns for
stringency.
296
40 CFR 144.51(j)(1)
(See also
145.11(a)(19))
Monitoring and records. (1) Samples and measurements
taken for the purpose of monitoring shall be
representative of the monitored activity.
§623625.B and
623625.B.1
B. Monitoring and records.
1. samples and measurements taken for the
purpose of monitoring shall be representative of the
monitored activity.
Text is identical.
297
40 CFR 144.51(j)(2)
(See also
145.11(a)(19))
The permittee shall retain records of all monitoring
information, including the following:
§623625.B.2
2. The permittee shall retain records of all
monitoring information, including the following:
Text is identical.
298
40 CFR
144.51(j)(2)(i)
(See also
145.11(a)(19))
Calibration and maintenance records and all original
strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this
permit, and records of all data used to complete the
application for this permit, for a period of at least 3
years from the date of the sample, measurement, report,
or application. This period may be extended by request
of the Director at any time; and
§623625.B.2.a
a. calibration and maintenance records and all
original strip chart recordings for continuous
monitoring instrumentation, copies of all reports
required by this permit, and records of all data used to
complete the application for this permit, for a period
of at least 3 years from the date of the sample,
measurement, report, or application. This period may
be extended by request of the commissioner at any
time; and
Text is identical.
Docket No. IMD-2021-02; Page 167 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 67
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
299
40 CFR
144.51(j)(2)(ii)
(See also
145.11(a)(19))
The nature and composition of all injected fluids until
three years after the completion of any plugging and
abandonment procedures specified under §144.52(a)(6),
or under part 146 subpart G as appropriate. The Director
may require the owner or operator to deliver the records
to the Director at the conclusion of the retention period.
§623625.B.2.b
b. the nature and composition of all injected
fluids until three years after the completion of any
plugging and abandonment procedures specified
under §623629. The commissioner may require the
owner or operator to deliver the records to the
commissioner at the conclusion of the retention
period.
Text is similar, with no impact on
stringency.
300
40 CFR 144.51(j)(3)
(See also
145.11(a)(19))
Records of monitoring information shall include:
§623625.B.3
3. Records of monitoring information shall
include:
Text is identical.
301
40 CFR
144.51(j)(3)(i)
(See also
145.11(a)(19))
The date, exact place, and time of sampling or
measurements;
§623625.B.3.a
a. the date, exact place, and time of sampling
or measurements;
Text is identical.
302
40 CFR
144.51(j)(3)(ii)
(See also
145.11(a)(19))
The individual(s) who performed the sampling or
measurements;
§623625.B.3.b
b. the individual(s) who performed the
sampling or measurements;
Text is identical.
303
40 CFR
144.51(j)(3)(iii)
(See also
145.11(a)(19))
The date(s) analyses were performed;
§623625.B.3.c
c. the date(s) analyses were performed;
Text is identical.
304
40 CFR
144.51(j)(3)(iv)
(See also
145.11(a)(19))
The individual(s) who performed the analyses;
§623625.B.3.d
d. the individual(s) who performed the
analyses;
Text is identical.
305
40 CFR
144.51(j)(3)(v)
(See also
145.11(a)(19))
The analytical techniques or methods used; and
§623625.B.3.e
e. the analytical techniques or methods used;
and
Text is identical.
306
40 CFR
144.51(j)(3)(vi)
(See also
145.11(a)(19))
The results of such analyses.
§623625.B.3.f
f. the results of such analyses.
Text is identical.
307
40 CFR 144.51(j)(4)
(See also
145.11(a)(19))
Owners or operators of Class VI wells shall retain
records as specified in subpart H of part 146, including
§§146.84(g), 146.91(f), 146.92(d), 146.93(f), and
146.93(h) of this chapter.
§623625.B.4
4. Owners or operators of Class VI wells shall
retain records as specified in §§613615.C.4,
623629.A.6, 6313631.A.5, 6333633.A.6, and
6333633.A.8 of this chapter.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 168 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 68
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
308
40 CFR 144.51(k)
(See also
145.11(a)(19))
Signatory requirement. All applications, reports, or
information submitted to the Administrator shall be
signed and certified. (See §144.32.)
§603609.B
------
§603603.H.2
and
603603.H.3
B. Signatories. All reports required by permits
and other information requested by the commissioner
shall be signed as in applications by a person
described in §603605.D.
-------
2. All applications, reports, plans, requests,
maps, cross-sections, drawings, opinions,
recommendations, calculations, evaluations, or other
submittals including or comprising geoscientific work
as defined by La. R.S. 37:711.1 et seq. must be
prepared, sealed, signed, and dated by a licensed
Professional Geoscientist (P.G.) authorized to practice
by and in good standing with the Louisiana Board of
Professional Geoscientists.
3. All applications, reports, plans, requests,
specifications, details, calculations, drawings,
opinions, recommendations, evaluations or other
submittals including or comprising the practice of
engineering as defined by La. R.S. 37:.681 et seq.
must be prepared, sealed, signed, and dated by a
licensed Professional Engineer (P.E.) authorized to
practice by and in good standing with the Louisiana
Professional Engineering and Land Surveying Board.
While the language at §603609.B
is not verbatim to 40 CFR
144.51(k), the intent of the federal
rule is preserved; that being, all
documents and information
submitted to the commissioner
shall be signed.
-----
The language at §603603.H.2 and
603603.H.3 has been added to
detail requirements for technical
certification by a P.E. or P.G.,
which is more stringent than
federal requirements.
Reviewed; no issues found.
309
40 CFR 144.51(l)(1)
(See also
145.11(a)(19))
Reporting requirements. (1) Planned changes. The
permittee shall give notice to the Director as soon as
possible of any planned physical alterations or additions
to the permitted facility.
§603609.L.1
1. Planned Changes. The permittee shall give
notice to the commissioner as soon as possible of any
planned physical alterations or additions to the
permitted facility .which may constitute a major
modification of the permit.
Text adds, “which may constitute
a major modification of the
permit.” The state rule should
require reporting of any changes,
regardless of whether they may
require a modification.
August 2020 review: revision
addresses the above comment;
state provision is similar to CFR.
No concerns for stringency.
310
40 CFR 144.51(l)(2)
(See also
145.11(a)(19))
Anticipated noncompliance. The permittee shall give
advance notice to the Director of any planned changes
in the permitted facility or activity which may result in
noncompliance with permit requirements.
§603609.L.3
3. Anticipated Noncompliance. The permittee
shall give advance notice to the commissioner of any
planned changes in the permitted facility or activity
which may result in noncompliance with permit
requirements.
Text is identical.
Docket No. IMD-2021-02; Page 169 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 69
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
311
40 CFR 144.51(l)(3)
(See also
145.11(a)(19))
Transfers. This permit is not transferable to any person
except after notice to the Director. The Director may
require modification or revocation and reissuance of the
permit to change the name of the permittee and
incorporate such other requirements as may be
necessary under the Safe Drinking Water Act. (See
§144.38; in some cases, modification or revocation and
reissuance is mandatory.)
§603609.L.4
4. Transfers. A permit is not transferable to
any person except after notice to the commissioner.
The commissioner may require modification or
revocation and reissuance of the permit to change the
name of the permittee and incorporate such other
requirements as may be necessary under the Safe
Drinking Water Act. (See §613613.)
Text is similar, with no impact on
stringency.
EPA August Review: Jay
Przyborski (R6, ORC):
Clarification needed on why they
omit references to the SDWA in
this line # and in Line 239.
EPA September Review: The
added text addresses EPA’s
August comment; no further
concerns for stringency.
312
40 CFR 144.51(l)(4)
(See also
145.11(a)(19))
Monitoring reports. Monitoring results shall be reported
at the intervals specified elsewhere in this permit.
N/A
The language at 40 CFR
144.51(l)(4) will not be adopted
since reporting requirements are
detailed in full at §623629.
Reviewed; no issues found. See
§629/146.91.
313
40 CFR 144.51(l)(5)
(See also
145.11(a)(19))
Compliance schedules. Reports of compliance or
noncompliance with, or any progress reports on, interim
and final requirements contained in any compliance
schedule of this permit shall be submitted no later than
30 days following each schedule date.
§603609.L.5
5. Compliance Schedules. Report of
compliance or noncompliance with, or any progress
reports on, interim and final requirements contained in
any compliance schedule in these regulations shall be
submitted to the commissioner no later than 14 days
following each schedule date.
§603609.L.5 includes more
stringent requirements compared
to the federal rule, specifically
implementing at 14 day period in
lieu of the 30 day period in 40
CFR 144.51(l)(5).
Reviewed; no issues found.
Commented [LS13]: Updated.
Commented [KS14]: Updated.
Docket No. IMD-2021-02; Page 170 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 70
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
314
40 CFR 144.51(l)(6)
(See also
145.11(a)(19))
Twenty-four hour reporting. The permittee shall report
any noncompliance which may endanger health or the
environment, including:
§603609.L.6.a
through
603609.L.6.b
a. The permittee shall report to the
commissioner any noncompliance which may
endanger health or the environment. Any information
pertinent to the noncompliance shall be reported by
telephone at (225) 342-5515 within 24 hours from the
time the permittee becomes aware of the
circumstances. A written submission shall also be
provided within five days of the time the permittee
becomes aware of the circumstances and shall contain
a description of the noncompliance and its cause; the
period of noncompliance, including exact dates and
times, and if the noncompliance has not been
corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the non-
compliance.
b. The following additional information must
be reported within the 24-hour period provided above:
Parts of the language from 40
CFR 144.51(l)(6)(ii) have been
added to the text from 40 CFR
144.51(l)(6) at §603609.L.6.a: any
information pertinent to the
noncompliance shall be reported
by telephone at (225) 342-5515
within 24 hours from the time the
permittee becomes aware of the
circumstances. A written
submission shall also be provided
within five days of the time the
permittee becomes aware of the
circumstances and shall contain a
description of the noncompliance
and its cause; the period of
noncompliance, including exact
dates and times, and if the
noncompliance has not been
corrected, the anticipated time it is
expected to continue; and steps
taken or planned to reduce,
eliminate, and prevent
reoccurrence of the non-
compliance.
Reviewed; no issues found.
315
40 CFR
144.51(l)(6)(i)
(See also
145.11(a)(19))
Any monitoring or other information which indicates
that any contaminant may cause an endangerment to a
USDW; or
§603609.L.6.b.i
i. any monitoring or other information which
indicates that any contaminant may cause an
endangerment to a USDW;
Text is identical.
Docket No. IMD-2021-02; Page 171 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 71
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
316
40 CFR
144.51(l)(6)(ii)
(See also
145.11(a)(19))
Any noncompliance with a permit condition or
malfunction of the injection system which may cause
fluid migration into or between USDWs.
Any information shall be provided orally within 24
hours from the time the permittee becomes aware of the
circumstances. A written submission shall also be
provided within 5 days of the time the permittee
becomes aware of the circumstances. The written
submission shall contain a description of the
noncompliance and its cause, the period of
noncompliance, including exact dates and times, and if
the noncompliance has not been corrected, the
anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
§603609.L.6.b.i
i
And
603609.L.6.a
ii. any noncompliance with a permit condition
or malfunction of the injection system which may
cause fluid migration into or between USDWs.
-------
a. The permittee shall report to the
commissioner any noncompliance which may
endanger health or the environment. Any information
pertinent to the noncompliance shall be reported by
telephone at (225) 342-5515 within 24 hours from the
time the permittee becomes aware of the
circumstances. A written submission shall also be
provided within five days of the time the permittee
becomes aware of the circumstances and shall contain
a description of the noncompliance and its cause; the
period of noncompliance, including exact dates and
times, and if the noncompliance has not been
corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the non-
compliance.
Parts of the language from 40
CFR 144.51(l)(6)(ii) has been
added to the text from 40 CFR
144.51(l)(6) at §603609.L.6.a.
Reviewed; no issues found.
317
40 CFR 144.51(l)(7)
(See also
145.11(a)(19))
Other noncompliance. The permittee shall report all
instances of noncompliance not reported under
paragraphs (l) (4), (5), and (6) of this section, at the time
monitoring reports are submitted. The reports shall
contain the information listed in paragraph (l)(6) of this
section.
§603609.L.8
8. Other Noncompliance. The permittee shall
report all instances of noncompliance not reported
under §§603609.L.5 and 603609.L.6, at the time
quarterly reports are submitted. The reports shall
contain the information listed in §603609.L.6.
Text is similar, with no impact on
stringency.
318
40 CFR 144.51(l)(8)
(See also
145.11(a)(19))
Other information. Where the permittee becomes aware
that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a
permit application or in any report to the Director, it
shall promptly submit such facts or information.
§603609.L.9
9. Other Information. Where the permittee
becomes aware that it failed to submit any relevant
facts in a permit application, or submitted incorrect
information in a permit application or in any report to
the commissioner, it shall promptly submit such facts
or information.
Text is identical.
Docket No. IMD-2021-02; Page 172 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 72
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
319
40 CFR 144.51(m)
(See also
145.11(a)(19))
Requirements prior to commencing injection. Except
for all new wells authorized by an area permit under
§144.33(c), a new injection well may not commence
injection until construction is complete, and
§603609.L.2
2. Notice of Well Completion. A new injection
well injection well may not commence injection until
construction is complete, a notice of completion has
been submitted to the commissioner, the
commissioner has inspected or otherwise reviewed the
injection well and finds it is in compliance with the
conditions of the permit, and the commissioner has
given approval to begin injection.
Language from 40 CFR
144.51(m)(1) and 40 CFR
144.51(m)(2)(i) has been added to
the text from 40 CFR 144.51(m)
at §603609.L.2.a.
Reviewed; no issues found.
320
40 CFR
144.51(m)(1)
(See also
145.11(a)(19))
The permittee has submitted notice of completion of
construction to the Director; and
§603609.L.2
See above.
See above.
Reviewed; no issues found.
321
40 CFR
144.51(m)(2)(i)
(See also
145.11(a)(19))
The Director has inspected or otherwise reviewed the
new injection well and finds it is in compliance with the
conditions of the permit; or
§603609.L.2
See above.
See above.
Reviewed; no issues found.
322
40 CFR
144.51(m)(2)(ii)
(See also
145.11(a)(19))
The permittee has not received notice from the Director
of his or her intent to inspect or otherwise review the
new injection well within 13 days of the date of the
notice in paragraph (m)(1) of this section, in which case
prior inspection or review is waived and the permittee
may commence injection. The Director shall include in
his notice a reasonable time period in which he shall
inspect the well.
§603609.L.2
See above.
The language at 144.51(m)(2)(ii)
will not be adopted since
§603609.L.2.c includes more
stringent requirements compared
to the federal rule, specifically
that inspection or review of the
injection well will not be waived
and that injection may not
commence until the inspection or
review has taken place.
Reviewed; no issues found.
323
40 CFR 144.51(n)
(See also
145.11(a)(19))
The permittee shall notify the Director at such times as
the permit requires before conversion or abandonment
of the well or in the case of area permits before closure
of the project.
§603609.L.7
7. The permittee shall notify the commissioner
at such times as the permit requires before conversion
or abandonment of the well or before closure of the
project.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 173 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 73
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
324
40 CFR 144.51(o)
(See also
145.11(a)(19))
A Class I, II or III permit shall include and a Class V
permit may include conditions which meet the
applicable requirements of §146.10 of this chapter to
ensure that plugging and abandonment of the well will
not allow the movement of fluids into or between
USDWs. Where the plan meets the requirements of
§146.10 of this chapter, the Director shall incorporate
the plan into the permit as a permit condition. Where
the Director's review of an application indicates that the
permittee's plan is inadequate, the Director may require
the applicant to revise the plan, prescribe conditions
meeting the requirements of this paragraph, or deny the
permit.
A Class VI permit shall include conditions which meet
the requirements set forth in §146.92 of this chapter.
Where the plan meets the requirements of §146.92 of
this chapter, the Director shall incorporate it into the
permit as a permit condition. For purposes of this
paragraph, temporary or intermittent cessation of
injection operations is not abandonment.
§6313631.A.1
1. A Class VI permit shall include conditions
that meet the requirements set forth in this subsection
and shall be incorporated into the permit as a permit
condition. For purposes of this subsection, temporary
or intermittent cessation of injection operations is not
abandonment.
The struck-out text of 40 CFR
144.51(o) will not be adopted.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 174 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 74
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
325
40 CFR 144.51(q)(1)
(See also
145.11(a)(19))
Duty to establish and maintain mechanical integrity.
The owner or operator of a Class I, II, III or VI well
permitted under this part shall establish mechanical
integrity prior to commencing injection or on a schedule
determined by the Director. Thereafter the owner or
operator of Class I, II, and III wells must maintain
mechanical integrity as defined in §146.8 of this chapter
and the owner or operator of Class VI wells must
maintain mechanical integrity as defined in §146.89 of
this chapter.
§603609.P
P. Duty to Establish and Maintain Mechanical
Integrity. The permittee of a Class VI injection well
shall establish mechanical integrity prior to
commencing injection and on a schedule determined
by these rules or the commissioner. Thereafter, the
owner or operator of Class VI injection wells must
maintain mechanical integrity as defined in §623627.
The Class VI injection well owner or operator
commissioner shall give written notice to the
commissioner Class VI injection well owner or
operator when it is determined the injection well is
lacking mechanical integrity. Upon receiving such
notice, the operator shall immediately cease injection
into the well. The well shall remain out of injection
service until such time as well mechanical integrity is
restored to the satisfaction of the commissioner. The
owner or operator may resume injection upon written
notification from the commissioner that the owner or
operator has demonstrated mechanical integrity
pursuant to §3627.
In addition to the text at 40 CFR
144.51(q)(1), the following
language from 40 CFR
144.51(q)(2) has been added to
§3609.P: the commissioner shall
give written notice to the Class VI
injection well owner or operator
when it is determined the injection
well is lacking mechanical
integrity. Upon receiving such
notice, the operator shall
immediately cease injection into
the well. The well shall remain
out of injection service until such
time as well mechanical integrity
is restored to the satisfaction of
the commissioner. The owner or
operator may resume injection
upon written notification from the
commissioner that the owner or
operator has demonstrated
mechanical integrity pursuant to
§3627.
-------
In addition to the text at 40 CFR
144.51(q)(2), the following
language has been added at
§609.P: upon receiving such
notice, the operator shall
immediately cease injection into
the well. The well shall remain
out of injection service until such
time as well mechanical integrity
is restored to the satisfaction of
the commissioner.
The rule text as written appears to
imply that the commissioner, not
the operator, would determine the
well lacks MI, therefore not
providing for discovery of a loss
of MI by the operator (i.e., via a
MIT) and potentially delaying
follow up actions. Clarification is
requested.
August 2020 review: revision
addresses the above comment;
state provision is similar to CFR.
No concerns for stringency.
Note: Cadmus edited the “Rule
text” column to reflect the actual
rule change.
Docket No. IMD-2021-02; Page 175 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 75
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
326
40 CFR 144.51(q)(2)
(See also
145.11(a)(19))
When the Director determines that a Class I, II, III or VI
well lacks mechanical integrity pursuant to §§146.8 or
146.89 of this chapter for Class VI of this chapter,
he/she shall give written notice of his/her determination
to the owner or operator. Unless the Director requires
immediate cessation, the owner or operator shall cease
injection into the well within 48 hours of receipt of the
Director's determination. The Director may allow
plugging of the well pursuant to the requirements of
§146.10 of this chapter or require the permittee to
perform such additional construction, operation,
monitoring, reporting and corrective action as is
necessary to prevent the movement of fluid into or
between USDWs caused by the lack of mechanical
integrity. The owner or operator may resume injection
upon written notification from the Director that the
owner or operator has demonstrated mechanical
integrity pursuant to §146.8 of this chapter.
§603609.P
P. Duty to Establish and Maintain Mechanical
Integrity. The permittee of a Class VI injection well
shall establish mechanical integrity prior to
commencing injection and on a schedule determined
by these rules or the commissioner. Thereafter, the
owner or operator of Class VI injection wells must
maintain mechanical integrity as defined in §623627.
The Class VI injection well owner or operator shall
give notice to the commissioner The commissioner
shall give written notice to the Class VI injection well
owner or operator when it is determined the injection
well is lacking mechanical integrity. Upon receiving
such notice, the operator shall immediately cease
injection into the well. The well shall remain out of
injection service until such time as well mechanical
integrity is restored to the satisfaction of the
commissioner. The owner or operator may resume
injection upon written notification from the
commissioner that the owner or operator has
demonstrated mechanical integrity pursuant to §3627.
As noted above, the language at
§3609.P is taken from text in 40
CFR 144.51(q)(1) and
144.51(q)(1).
The struck-out language at 40
CFR 144.51(q)(2) will not be
adopted. §603609.P includes more
stringent requirements the
operator shall immediately cease
injection into the well upon
receipt of written notice from the
commissioner. The well shall
remain out of injection service
until such time as well mechanical
integrity is restored to the
satisfaction of the commissioner.
While the potential courses of
action in the federal language are
not explicitly enumerated in
§3609.P, the commissioner has
authority to require whatever
remedial actions are deemed
necessary until mechanical
integrity is restored to the
satisfaction of the commissioner.
See above. Clarification is
requested.
August 2020 review: see above.
Note: Cadmus edited the “Rule
text” column to reflect the actual
rule change.
EPA September Review: LA Rule
text (“Thereafter, Class VI
injection wells…”) does not match
crosswalk text (“Thereafter, the
owner or operator of”). Small edit
needed but otherwise no further
concerns for stringency.
Commented [LS15]: Updated in draft rule
Commented [KS16]: Updated.
Docket No. IMD-2021-02; Page 176 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 76
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
327
40 CFR 144.51(q)(3)
(See also
145.11(a)(19))
The Director may allow the owner or operator of a well
which lacks mechanical integrity pursuant to §
146.8(a)(1) of this chapter to continue or resume
injection, if the owner or operator has made a
satisfactory demonstration that there is no movement of
fluid into or between USDWs.
§609.PN/A
P. Duty to Establish and Maintain Mechanical
Integrity. The permittee of a Class VI injection well
shall establish mechanical integrity prior to
commencing injection and on a schedule determined
by these rules or the commissioner. Thereafter, Class
VI injection wells must maintain mechanical integrity
as defined in §627 The commissioner shall give
written notice to the Class VI injection well owner or
operator when it is determined the injection well is
lacking mechanical integrity. Upon receiving such
notice, the operator shall immediately cease injection
into the well. The well shall remain out of injection
service until such time as well mechanical integrity is
restored to the satisfaction of the commissioner.
The language at 40 CFR
144.51(q)(3) will not be adopted.
§603609.P includes more
stringent requirements the well
shall remain out of injection
service until such time as well
mechanical integrity is restored to
the satisfaction of the
commissioner.
See above.
See above. Clarification is
requested.
August 2020 review: see above.
40 CFR 144.52 Establishing permit conditions.
328
40 CFR 144.52(a)
(See also
145.11(a)(20))
(a) In addition to conditions required in § 144.51, the
Director shall establish conditions, as required on a
case-by-case basis under § 144.36 (duration of permits),
§ 144.53(a) (schedules of compliance), § 144.54
(monitoring), and for EPA permits only § 144.53(b)
(alternate schedules of compliance), and § 144.4
(considerations under Federal law). Permits for owners
or operators of hazardous waste injection wells shall
include conditions meeting the requirements of § 144.14
(requirements for wells injecting hazardous waste),
paragraphs (a)(7) and (a)(9) of this section, and subpart
G of part 146. Permits for owners or operators of Class
VI injection wells shall include conditions meeting the
requirements of subpart H of part 146. Permits for other
wells shall contain the following requirements, when
applicable.
§603609.A
A. Applicability. The rules and regulations of
this Section set forth legal conditions for Class VI
well permits. Permits for owners or operators of Class
VI injection wells shall include conditions meeting
applicable requirements of §603609, §613615,
§613617, §613619, §623621, §623623, §623625,
§623627, §623629, and §6313631.
The struck through language at 40
CFR 144.52 will not be adopted.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 177 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 77
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
329
40 CFR 144.52(a)(1)
(See also
145.11(a)(20))
Construction requirements as set forth in part 146.
Existing wells shall achieve compliance with such
requirements according to a compliance schedule
established as a permit condition. The owner or operator
of a proposed new injection well shall submit plans for
testing, drilling, and construction as part of the permit
application. Except as authorized by an area permit, no
construction may commence until a permit has been
issued containing construction requirements (see
§144.11). New wells shall be in compliance with these
requirements prior to commencing injection operations.
Changes in construction plans during construction may
be approved by the Administrator as minor
modifications (§144.41). No such changes may be
physically incorporated into construction of the well
prior to approval of the modification by the Director.
§603609.A
------
§603603.B
See above.
--------
B. Prohibition of Unauthorized Injection. Any
underground injection, except as authorized by a
permit or rule, is prohibited after the effective date of
these regulations. Construction or operation of any
well required to have a permit under these regulations
is prohibited until the permit has been issued.
While the language at 40 CFR
144.52(a)(1) is not adopted
verbatim, §603609.A
stipulates that construction
activities required by §613617 be
incorporated into Class VI
permits.
Prohibition of construction before
issuance of a permit under these
regulations is already accounted
for under §603603.B.
Reviewed; no issues found.
330
40 CFR 144.52(a)(2)
(See also
145.11(a)(20))
Corrective action as set forth in §§144.55, 146.7, and
146.84 of this chapter.
§603609.A
See above.
While the language at 40 CFR
144.52(a)(2) is not adopted
verbatim, §603609.A
stipulates that corrective actions
required by §613615.C be
incorporated into Class VI
permits.
Reviewed; no issues found.
331
40 CFR 144.52(a)(3)
(See also
145.11(a)(20))
Operation requirements as set forth in 40 CFR part 146;
the permit shall establish any maximum injection
volumes and/or pressures necessary to assure that
fractures are not initiated in the confining zone, that
injected fluids do not migrate into any underground
source of drinking water, that formation fluids are not
displaced into any underground source of drinking
water, and to assure compliance with the part 146
operating requirements.
§603609.A
See above.
While the language at 40 CFR
144.52(a)(3) is not adopted
verbatim, §603609.A
stipulates that operation activities
required by §623621 be
incorporated into Class VI
permits.
Reviewed; no issues found.
332
40 CFR 144.52(a)(5)
(See also
145.11(a)(20))
Monitoring and reporting requirements as set forth in 40
CFR part 146. The permittee shall be required to
identify types of tests and methods used to generate the
monitoring data.
§603609.A
See above.
While the language at 40 CFR
144.52(a)(5) is not adopted
verbatim, §603609.A
stipulates that monitoring and
reporting activities required by
§623625 be incorporated into
Class VI permits.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 178 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 78
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
333
40 CFR
144.52(a)(7)(i)
(See also
145.11(a)(20))
Financial responsibility. (i) The permittee, including the
transferor of a permit, is required to demonstrate and
maintain financial responsibility and resources to close,
plug, and abandon the underground injection operation
in a manner prescribed by the Director until:
§603609.C.5
5. The permit shall require the permittee to
maintain financial responsibility as specified at
§603609.C.1 until:
While the language at 40 CFR
144.52(a)(5) is not adopted
verbatim, the description of the
scope of financial responsibility is
captured at §603609.C.1.
Reviewed; no issues found.
Note that the draft rule text cites
§609.C, rather than C.1.
August 2020 review: suggested
edit was made to the rule; no
concerns for stringency.
334
40 CFR
144.52(a)(7)(i)(A)
(See also
145.11(a)(20))
The well has been plugged and abandoned in
accordance with an approved plugging and
abandonment plan pursuant to §§144.51(o), 146.10, and
146.92 of this chapter, and submitted a plugging and
abandonment report pursuant to §144.51(p); or
§603609.C.5.a
a. the well has been plugged and abandoned in
accordance with an approved plugging and
abandonment plan pursuant to §6313631 and
submitted a plugging and abandonment report
pursuant to §6313631.A.5; or
Text is similar, with no impact on
stringency.
335
40 CFR
144.52(a)(7)(i)(B)
(See also
145.11(a)(20))
The well has been converted in compliance with the
requirements of §144.51(n); or
§603609.C.5.b
b. tThe well has been converted in compliance with
the requirements of §603609.L.7; or
Text is similar, with no impact on
stringency.
(Citation added in review.)
August 2020 review: No concerns
for stringency.
Docket No. IMD-2021-02; Page 179 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 79
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
336
40 CFR
144.52(a)(7)(i)(C)
(See also
145.11(a)(20))
The transferor of a permit has received notice from the
Director that the owner or operator receiving transfer of
the permit, the new permittee, has demonstrated
financial responsibility for the well.
La. R.S.
30:1110.A.1
through
1110.B.6§6036
09.C.5.c
c. the transferor of a permit has received notice from
the commissioner that the owner or operator receiving
transfer of the permit, the new permittee, has
demonstrated financial responsibility for the well.
A.(1) There is hereby established a fund in the
custody of the state treasurer to be known as the
Carbon Dioxide Geologic Storage Trust Fund,
hereinafter referred to as the "fund", which shall
constitute a special custodial trust fund which shall be
administered by the commissioner, who shall make
disbursements from the fund solely in accordance
with the purposes and uses authorized by this Chapter.
Et seq.
B. The following monies shall be placed into the fund:
(1) The fees, penalties, and bond forfeitures collected
pursuant to this Chapter. All fees and self-generated
revenue remaining on deposit for the office of
conservation at the end of any fiscal year shall be
deposited into the fund.
(2) Private contributions.
(3) Interest earned on the funds deposited in the fund.
(4) Civil penalties for violation of any rules or permit
conditions imposed under this Chapter, or costs
recovered from responsible parties for geologic
storage facility closure or remediation pursuant to this
Section and R.S. 30:1104, 1105, and 1106.
(5) Any grants, donations, and sums allocated from
any source, public or private, for the purposes of this
Chapter.
(6) Site-specific trust accounts; however, the monies
of such accounts shall not be used for any geologic
storage facility other than that specified for each
respective account.
The language at 40 CFR
144.52(a)(7)(i)(C) is not adopted
because La. R.S. 30:1110
provides for site specific trust
accounts held in the custody of the
state treasurer.
EPA input requested: is there
evidence that the state’s trust fund
would be adequately funded to
cover all financial responsibility
needs of all active Class VI
permits? Is this to be addressed in
the primacy application?
August 2020 review: state
provision is similar to CFR. No
concerns for stringency.
EPA August Review: Crosswalk
LA Citation §609.C.5.c instead of
LA R.S. 30 1110 A.1 through B.6
Otherwise ok
EPA September Review: The
Crosswalk text revision addresses
August Comment. No further
concerns for stringency.
Commented [KS17]: Updated.
Docket No. IMD-2021-02; Page 180 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 80
March 2020 (Revised February 2021)
R.S.
1109EP
A
Septem
ber
Review
. LA
Rule
text
shows a
“6”
instead
of a
“D”;
Also
since
this
crosswa
lk row
is
related
to Class
VI
closure
specific
ally we
suggest
moving
it from
this
Section
(144.52
Establis
hing
Permit
Conditi
ons) to
one of
the
followi
ng
crosswa
lk
sections
40 CFR
144.52(a)(7)(ii)
(See also
145.11(a)(20))
The permittee shall show evidence of such financial
responsibility to the Director by the submission of a
surety bond, or other adequate assurance, such as a
financial statement or other materials acceptable to the
Director. The owner or operator of a well injecting
hazardous waste must comply with the financial
responsibility requirements of subpart F of this part.
For Class VI wells, the permittee shall show evidence of
such financial responsibility to the Director by the
submission of a qualifying instrument (see §146.85(a)
of this chapter), such as a financial statement or other
materials acceptable to the Director. The owner or
operator of a Class VI well must comply with the
financial responsibility requirements set forth in
§146.85 of this chapter.
§603609.C.1A
1. The permit shall require the permittee to
maintain financial responsibility and resources to
close, plug, and abandon the underground injection
wells and, where necessary, related surface facility,
and for post-injection site care and site closure in a
manner prescribed by the commissioner. Class VI
well operators must also comply with §3609.C.4. The
permittee must show evidence of financial
responsibility to the commissioner by the submission
of:See above.
While the language at 40 CFR
144.52(a)(7)(ii) is not adopted
verbatim, §603609.C.1A
stipulates describes the
permittee’s that the obligation to
show evidence of financial
responsibility to the commissioner
by the submission of a qualifying
instrument as required by §609.C
be incorporated into Class VI
permits.detailed in the subsequent
sections.
See above.
EPA August Review: Should the
LA Crosswalk cite §609.C instead
of A?
EPA September Review:
Crosswalk revision addresses
August Comment. No further
concerns for stringency.
Commented [KS19]: Updated.
Docket No. IMD-2021-02; Page 181 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 81
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
: 146.85
(FR),
146.93
(Post
injectio
n Site
Care
and
Closure
) or
some
other
Class
VI
related
column
header.
Otherwi
se, EPA
has no
further
concern
s for
stringen
cy. 337
Commented [KS18]: Updated.
Docket No. IMD-2021-02; Page 182 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 82
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
338
40 CFR 144.52(a)(8)
(See also
145.11(a)(20))
Mechanical integrity. A permit for any Class I, II, III or
VI well or injection project which lacks mechanical
integrity shall include, and for any Class V well may
include, a condition prohibiting injection operations
until the permittee shows to the satisfaction of the
Director under §§146.8, or 146.89 for Class VI, that the
well has mechanical integrity.
§603609.P
P. Duty to Establish and Maintain Mechanical
Integrity. The permittee of a Class VI injection well
shall establish mechanical integrity prior to
commencing injection and on a schedule determined
by these rules or the commissioner. Thereafter, Class
VI injection wells must maintain mechanical integrity
as defined in §3627. The commissioner shall give
written notice to the Class VI injection well owner or
operator shall give notice to the commissioner when it
is determined the injection well is lacking mechanical
integrity. Upon receiving such notice, the operator
shall immediately cease injection into the well. The
well shall remain out of injection service until such
time as well mechanical integrity is restored to the
satisfaction of the commissioner. The owner or
operator may resume injection upon written
notification from the Directorcommissioner that the
owner or operator has demonstrated mechanical
integrity pursuant to §623627.Mechanical integrity. A
permit for any Class VI well may include, a condition
prohibiting injection operations until the permittee
shows to the satisfaction of the commissioner under
§627 that the well has mechanical integrity.
Note that the draft rule text at
609.P reads as follows: “Duty to
Establish and Maintain
Mechanical Integrity. The
permittee of a Class VI injection
well shall establish mechanical
integrity prior to commencing
injection and on a schedule
determined by these rules or the
commissioner. Thereafter, Class
VI injection wells must maintain
mechanical integrity as defined in
§627. The commissioner shall give
written notice to the Class VI
injection well owner or operator
when it is determined the injection
well is lacking mechanical
integrity. Upon receiving such
notice, the operator shall
immediately cease injection into
the well. The well shall remain out
of injection service until such time
as well mechanical integrity is
restored to the satisfaction of the
commissioner.”
This has a similar intent as the
CFR and there is no concern for
stringency.
August 2020 review: state
provision is similar to CFR. No
concerns for stringency. Note edits
made in “Rule Text” column to
match the state rule.
Docket No. IMD-2021-02; Page 183 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 83
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
339
40 CFR 144.52(a)(9)
(See also
145.11(a)(20))
Additional conditions. The Director shall impose on a
case-by-case basis such additional conditions as are
necessary to prevent the migration of fluids into
underground sources of drinking water.
§603609.O
O. Additional Conditions. The commissioner
shall impose on a case-by-case basis such additional
conditions as are necessary to protect underground
sources of drinking water.
While the language at §3609.O is
not verbatim to 40 CFR
144.52(a)(9), the intent of the
federal rule is preserved; that
being, the commissioner shall
impose conditions to prevent risk
to underground sources of
drinking water.
“To prevent the migration of fluids
into USDWs” changed to “to
protect USDWs.”
August 2020 review: no concerns
for stringency.
340
40 CFR 144.52(b)(1)
(See also
145.11(a)(20))
In addition to conditions required in all permits the
Director shall establish conditions in permits as required
on a case-by-case basis, to provide for and assure
compliance with all applicable requirements of the
SDWA and parts 144, 145, 146 and 124.
§603609.R
R. In addition to conditions required in all
permits the Director commissioner shall establish
conditions in permits as required on a case-by-case
basis, to provide for and assure compliance with all
applicable requirements of the SDWA and 40 CFR
Parts 144, 145, 146 and 124.
Text is similar, with no impact on
stringency.
EPA August Review: should LA
Rule use “commissioner” instead
of “Director” at 609.R?.
EPA September Review: Rule and
crosswalk edits address EPA’s
August comment.
341
40 CFR 144.52(b)(2)
(See also
145.11(a)(20))
For a State issued permit, an applicable requirement is a
State statutory or regulatory requirement which takes
effect prior to final administrative disposition of the
permit. For State and EPA administered programs, an
applicable requirement is also any requirement which
takes effect prior to the modification or revocation and
reissuance of a permit, to the extent allowed in §144.39.
§603609.S
S. New permits, and to the extent allowed
under §613613 modified or revoked and reissued
permits, shall incorporate each of the applicable
requirements referenced in this section. An applicable
requirement is a State statutory or regulatory
requirement that takes effect prior to final
administrative disposition of the permit. An applicable
requirement is also any requirement that takes effect
prior to the modification or revocation and reissuance
of a permit, to the extent allowed in §613613.
Text is similar, with no impact on
stringency.
342
40 CFR 144.52(b)(3)
(See also
145.11(a)(20))
New or reissued permits, and to the extent allowed
under §144.39 modified or revoked and reissued
permits, shall incorporate each of the applicable
requirements referenced in §144.52.
§603609.S
See above.
Text is similar, with no impact on
stringency.
343
40 CFR 144.52(c)
(See also
145.11(a)(20))
Incorporation. All permit conditions shall be
incorporated either expressly or by reference. If
incorporated by reference, a specific citation to the
applicable regulations or requirements must be given in
the permit.
§603609.T
T. Incorporation. All permit conditions shall be
incorporated either expressly or by reference. If
incorporated by reference, a specific citation to the
applicable regulations or requirements must be given
in the permit.
Text is identical.
40 CFR 144.53 Schedule of compliance.
Commented [KS20]: Updated.
Docket No. IMD-2021-02; Page 184 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 84
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
344
40 CFR 144.53(a)
(See also
145.11(a)(21))
General. The permit may, when appropriate, specify a
schedule of compliance leading to compliance with the
SDWA and parts 144, 145, 146, and 124.
§603609.N
N. Schedules of Compliance. The permit may,
when appropriate, specify a schedule of compliance
leading to compliance with the act and these
regulations.
Text is similar, with no impact on
stringency.
345
40 CFR 144.53(a)(1)
(See also
145.11(a)(21))
Time for compliance. Any schedules of compliance
shall require compliance as soon as possible, and in no
case later than 3 years after the effective date of the
permit.
§603609.N.1
1. Time for Compliance. Any schedules of
compliance under this Section shall require
compliance as soon as possible but not later than three
years after the effective date of the permit.
Text is similar, with no impact on
stringency.
346
40 CFR 144.53(a)(2)
(See also
145.11(a)(21))
Interim dates. Except as provided in paragraph (b)(1)(ii)
of this section, if a permit establishes a schedule of
compliance which exceeds 1 year from the date of
permit issuance, the schedule shall set forth interim
requirements and the dates for their achievement.
§603609.N.2
2. Interim Dates. Except as provided in
§603609N.2.b, if a permit establishes a schedule of
compliance which exceeds one year from the date of
permit issuance, the schedule shall set forth interim
requirements and the dates for their achievement.
Text is similar, with no impact on
stringency.
347
40 CFR
144.53(a)(2)(i)
(See also
145.11(a)(21))
The time between interim dates shall not exceed 1 year.
§603609.N.2.a
a. The time between interim dates shall not
exceed one year.
Text is identical.
348
40 CFR
144.53(a)(2)(ii)
(See also
145.11(a)(21))
If the time necessary for completion of any interim
requirement is more than 1 year and is not readily
divisible into stages for completion, the permit shall
specify interim dates for the submission of reports of
progress toward completion of the interim requirements
and indicate a projected completion date.
§603609.N.2.b
b. If the time necessary for completion of any
interim requirements (such as the construction of a
control facility) is more than one year and is not
readily divisible into stages for completion, the permit
shall specify interim dates for submission of reports of
progress toward completion of the interim
requirements and indicate a projected completion
date.
In addition to the text at 40 CFR
144.53(a)(2)(ii), the following
language has been added at
§603609.N.2.b: (such as the
construction of a control facility).
Reviewed; no issues found.
349
40 CFR 144.53(a)(3)
(See also
145.11(a)(21))
Reporting. The permit shall be written to require that if
paragraph (a)(1) of this section is applicable, progress
reports be submitted no later than 30 days following
each interim date and the final date of compliance.
§603609.N.3
3. Reporting. The permit shall be written to
require that progress reports be submitted no later than
30 days following each interim date and the final date
of compliance.
Text is similar, with no impact on
stringency.
Corrected citation in review.
40 CFR 144.54 Requirements for recording and reporting of monitoring results.
350
40 CFR 144.54(a)
(See also
145.11(a)(22))
All permits shall specify:
Requirements concerning the proper use, maintenance,
and installation, when appropriate, of monitoring
equipment or methods (including biological monitoring
methods when appropriate);
§603609.A
A. Applicability. The rules and regulations of
this Section set forth legal conditions for Class VI
well permits. Permits for owners or operators of Class
VI injection wells shall include conditions meeting
applicable requirements of §603609, §613615,
§613617, §613619, §623621, §623623, §623625,
§623627, §623629, and §6313631.
While the language at 40 CFR
144.54(a) is not adopted verbatim,
§603609.A stipulates that all
monitoring and reporting
requirements stipulated by
§623625 and §623629 be
incorporated into Class VI
permits.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 185 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 85
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
351
40 CFR 144.54(b)
(See also
145.11(a)(22))
Required monitoring including type, intervals, and
frequency sufficient to yield data which are
representative of the monitored activity including when
appropriate, continuous monitoring;
§603609.A
See above.
See above.
Reviewed; no issues found.
352
40 CFR 144.54(c)
(See also
145.11(a)(22))
Applicable reporting requirements based upon the
impact of the regulated activity and as specified in part
146. Reporting shall be no less frequent than specified
in the above regulations.
§603609.A
See above.
See above.
Reviewed; no issues found.
PART 146--UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS
40 CFR 146.3 Definitions
353
40 CFR 146.3
Abandoned well means a well whose use has been
permanently discontinued or which is in a state of
disrepair such that it cannot be used for its intended
purpose or for observation purposes.
§603601.A
Abandoned Well―a well whose use has been
permanently discontinued or which is in a state of
disrepair such that it cannot be used for its intended
purpose or for observation purposes.
Text is identical.
354
Casing means a pipe or tubing of appropriate material,
of varying diameter and weight, lowered into a borehole
during or after drilling in order to support the sides of
the hole and thus prevent the walls from caving, to
prevent loss of drilling mud into porous ground, or to
prevent water, gas, or other fluid from entering or
leaving the hole.
§603601.A
Casing―a metallic or nonmetallic tubing or pipe of
varying diameter and weight, lowered into a borehole
during or after drilling in order to support the sides of
the hole and thus prevent the walls form caving, to
prevent loss of drilling mud into porous ground, or to
prevent water, gas or other fluid from entering or
leaving the hole.
Text omits “leaving” the hole.
August 2020 review: revised
definition is similar to the CFR.
355
Catastrophic collapse means the sudden and utter
failure of overlying “strata” caused by removal of
underlying materials.
N/A
Catastrophic Collapse―the sudden and utter failure
of overlying strata caused by removal of underlying
materials.
Note that the draft rule text at
601.A reads “Catastrophic
Collapse―the sudden and utter
failure of overlying strata caused
by removal of underlying
materials.” Text is similar, with no
impact on stringency.
August 2020 review: no concerns
for stringency.
356
Cementing means the operation whereby a cement
slurry is pumped into a drilled hole and/or forced
behind the casing.
§603601.A
Cementing―the operation whereby a cement slurry is
pumped into a drilled hole and/or forced behind the
casing.
Text is identical.
Docket No. IMD-2021-02; Page 186 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 86
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
357
Confining bed means a body of impermeable or
distinctly less permeable material stratigraphically
adjacent to one or more aquifers.
§3601.AN/A
Confining Bed―a body of impermeable or distinctly
less permeable material stratigraphically adjacent to
one or more aquifers.
Note that the draft rule text reads
“Confining Bed―a body of
impermeable or distinctly less
permeable material
stratigraphically adjacent to one or
more aquifers.” Text is similar,
with no impact on stringency.
August 2020 review: no concerns
for stringency.
358
Confining zone means a geological formation, group of
formations, or part of a formation that is capable of
limiting fluid movement above an injection zone.
§3601.AN/A
Confining Zone―a geological formation, group of
formations, or part of a formation stratigraphically
overlying the injection zone that acts as a barrier to
fluid movement above an injection zone.
No state equivalent. Confining
zone is defined at §601.A.
August 2020 review: no concerns
for stringency.
359
Conventional mine means an open pit or underground
excavation for the production of minerals.
N/A
No state equivalent.
36060
Disposal well means a well used for the disposal of
waste into a subsurface stratum.
§3601.AN/A
Disposal Well―a well used for the disposal of waste
into a subsurface stratum.
Note that the draft rule text at
601.A reads Disposal Well―a
well used for the disposal of waste
into a subsurface stratum.” Text is
identical to CFR.
August 2020 review: no concerns
for stringency.
36161
Effective date of a UIC program means the date that a
State UIC program is approved or established by the
Administrator.
N/A
N/A. This is not required of state
programs.
36262
Experimental technology means a technology which has
not been proven feasible under the conditions in which
it is being tested.
§603601.A
Experimental Technology―a technology which has
not been proven feasible under the conditions in
which it is being tested
Text is identical.
363
Fault means a surface or zone of rock fracture along
which there has been displacement.
§603601.A
Fault―a surface or zone of rock fracture along which
there has been displacement.
Text is identical.
364
Flow rate means the volume per time unit given to the
flow of gases or other fluid substance which emerges
from an orifice, pump, turbine or passes along a conduit
or channel.
§603601.A
Flow Rate―the volume per time unit given to the
flow of gases or other fluid substance which emerges
from an orifice, pump, turbine or passes along a
conduit or channel.
Text omits “gases.”
August 2020 review: revised
definition is similar to the CFR.
365
Lithology means the description of rocks on the basis of
their physical and chemical characteristics.
§603601.A
Lithology―the description of rocks on the basis of
their physical and chemical characteristics.
Text is identical.
Docket No. IMD-2021-02; Page 187 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 87
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
366
Owner or operator means the owner or operator of any
facility or activity subject to regulation under the
RCRA, UIC, NPDES, or 404 programs.
§603601.A
Operator―the person recognized as being responsible
to the Office of Conservation for the well, site,
facility, or activity subject to regulatory authority
under these rules and regulations. The operator can,
but need not be, the owner of the well, site, facility, or
activity.
Owner―the person that owns any well, site, facility,
or activity subject to regulation under the UIC
program. The owner can, but need not be, the operator
of the well, site, facility, or activity.
Text is similar, with no impact on
stringency.
367
Packer means a device lowered into a well to produce a
fluid-tight seal.
§603601.A
Packer―a device lowered into a well to produce a
fluid tight seal within the casing.
The following language has been
added: within the casing.
Text adds “within the casing.”
August 2020 review: no impact on
stringency.
368
Permit means an authorization, license, or equivalent
control document issued by EPA or an “approved State”
to implement the requirements of this part and parts
124, 144, and 145. Permit does not include RCRA
interim status (§122.23), UIC authorization by rule
(§§144.21 to 144.26 and 144.15), or any permit which
has not yet been the subject of final agency action, such
as a “draft permit” or a “proposed permit.”
§3601.A
Permit―an authorization, license, or equivalent
control document issued by the commissioner to
implement the requirements of these regulations.
Permit includes, but it is not limited to, area permits
and emergency permits. Permit does not include UIC
authorization by rule or any permit which has not yet
been the subject of final agency action, such as a draft
permit.
Text is similar, with no impact on
stringency. Note: this row was
omitted from the template
provided to the state.
Note that the state noted elsewhere
that emergency permits will not be
issued for Class VI wells.
August 2020 review: added
citation noted.
369
Plugging means the act or process of stopping the flow
of water, oil or gas into or out of a formation through a
borehole or well penetrating that formation.
§603601.A
Plugging―the act or process of stopping the flow of
water, oil or gas into or out of a formation through a
borehole or well penetrating that formation.
Text is identical.
Docket No. IMD-2021-02; Page 188 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 88
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
370
Plugging record means a systematic listing of
permanent or temporary abandonment of water, oil, gas,
test, exploration and waste injection wells, and may
contain a well log, description of amounts and types of
plugging material used, the method employed for
plugging, a description of formations which are sealed
and a graphic log of the well showing formation
location, formation thickness, and location of plugging
structures.
§603601.A
Plugging Record― a systematic listing of permanent
or temporary abandonment of water, oil, gas, test,
exploration and waste injection wells, and may
contain a well log, description of amounts and types
of plugging material used, the method employed for
plugging, a description of formations which are sealed
and a graphic log of the well showing formation
location, formation thickness, and location of
plugging structures.
Plugging Record―a systematic listing of permanent
or temporary abandonment of water, oil, gas, test,
exploration, and waste injection wells.
Text omits “and may contain a
well log, description of amounts
and types of plugging material
used, the method employed for
plugging, a description of
formations which are sealed and a
graphic log of the well showing
formation location, formation
thickness, and location of plugging
structures.” However, Class VI
plugging report requirements are
similar to CFR; see 40 CFR
146.92(d)/§631.A.5.
August 2020 review: revised
definition is similar to the CFR.
371
Pressure means the total load or force per unit area
acting on a surface.
§603601.A
Pressure―the total load or force per unit area acting
on a surface.
Text is identical.
372
Sole or principal source aquifer means an aquifer which
has been designated by the Administrator pursuant to
section 1424 (a) or (e) of the SDWA.
§603601.A
Sole or Principal Source Aquifer―an aquifer which is
the sole or principal drinking water source for an area
and which, if contaminated, would create a significant
hazard to public health.
Text is similar, with no impact on
stringency.
373
Subsidence means the lowering of the natural land
surface in response to: Earth movements; lowering of
fluid pressure; removal of underlying supporting
material by mining or solution of solids, either
artificially or from natural causes; compaction due to
wetting (Hydrocompaction); oxidation of organic matter
in soils; or added load on the land surface.
N/A
No state equivalent.
374
Surface casing means the first string of well casing to
be installed in the well.
§603601.A
Surface Casing―the first string of casing to be
installed in the well, excluding conductor casing.
Text excludes conductor casing.
375
Well plug means a watertight and gastight seal installed
in a borehole or well to prevent movement of fluids.
§603601.A
Well Plug―a fluid-tight seal installed in a borehole or
well to prevent movement of fluids.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 189 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 89
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
376
Well stimulation means several processes used to clean
the well bore, enlarge channels, and increase pore space
in the interval to be injected thus making it possible for
wastewater to move more readily into the formation,
and includes (1) surging, (2) jetting, (3) blasting, (4)
acidizing, (5) hydraulic fracturing.
§603601.A
Well Stimulation―several processes used to clean the
well bore, enlarge channels, and increase pore space
in the interval to be injected thus making it possible
for fluids to move more readily into the formation,
and includes, but may not be limited to:
a. surging;
b. jetting;
c. blasting;
d. acidizing; or
e. hydraulic fracturing.
The struck-out text of the federal
definition will not be adopted and
will be substituted with “fluids.”
The following language has been
also added: but may not be limited
to.
LA did not indicate which part of
the text was struck out. Text
appears similar. August 2020
revision: clarification noted. No
concerns for stringency.
377
Well monitoring means the measurement by on-site
instruments or laboratory methods, of the quality of
water in a well
§603601.A
Well monitoring―the measurement by on-site
instruments or laboratory methods, of the quality of
water in a well.
Text is identical.
40 CFR 146.4 Criteria for exempted aquifers
378
40 CFR 146.4
An aquifer or a portion thereof which meets the criteria
for an “underground source of drinking water” in
§146.3 may be determined under §144.7 of this chapter
to be an “exempted aquifer” for Class I–V wells if it
meets the criteria in paragraphs (a) through (c) of this
section. Class VI wells must meet the criteria under
paragraph (d) of this section:
§603603.F.2
After notice and opportunity for a public hearing the
commissioner may identify (by narrative description,
illustrations, maps, or other means) and describe in
geographic and/or geometric terms (such as vertical
and lateral limits and gradient) which are clear and
definite, all aquifers or parts thereof which the
commissioner proposes to designate as exempted
aquifers if they meet the following criteria
While the language at §3603.F.2
is not verbatim to 40 CFR 146.4,
the intent of the federal rule is
preserved; that being, introducing
the necessary criteria for
designation of exempted aquifers.
Text is similar, with no impact on
stringency. LA rule text added to
table in review.
August 2020 review: no concerns
for stringency.
379
40 CFR 146.4(a)
It does not currently serve as a source of drinking water;
and
§603603.F.2.a
a. the aquifer does not currently serve as a
source of drinking water; and
Text is similar, with no impact on
stringency.
380
40 CFR 146.4(b)
It cannot now and will not in the future serve as a
source of drinking water because:
§603603.F.2.b
b. the aquifer cannot now and will not in the
future serve as a source of drinking water because:
Text is identical.
381
40 CFR 146.4(b)(1)
It is mineral, hydrocarbon or geothermal energy
producing, or can be demonstrated by a permit applicant
as part of a permit application for a Class II or III
operation to contain minerals or hydrocarbons that
considering their quantity and location are expected to
be commercially producible.
§603603.F.2.b.i
i. it is mineral, hydrocarbon or geothermal
energy producing or can be demonstrated by a permit
applicant as part of a permit application for a Class III
operation to contain minerals or hydrocarbons that
considering their quantity and location are expected to
be commercially producible;
The struck-out text of 40 CFR
146.4(b)(1) will not be adopted as
Louisiana does not permit solution
mining wells as Class II
operations.
Reviewed; no issues found.
382
40 CFR 146.4(b)(2)
It is situated at a depth or location which makes
recovery of water for drinking water purposes
economically or technologically impractical;
§603603.F.2.b.i
i
ii. it is situated at a depth or location which
makes recovery of water for drinking water purposes
economically or technologically impractical;
Text is identical.
383
40 CFR 146.4(b)(3)
It is so contaminated that it would be economically or
technologically impractical to render that water fit for
human consumption; or
§603603.F.2.b.i
ii
iii. it is so contaminated that it would be
economically or technologically impractical to render
that water fit for human consumption; or
Text is identical.
384
40 CFR 146.4(b)(4)
It is located over a Class III well mining area subject to
subsidence or catastrophic collapse; or
§603603.F.2.b.i
v
iv. it is located over a Class III well mining
area subject to subsidence or catastrophic collapse; or
Text is identical.
Docket No. IMD-2021-02; Page 190 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 90
March 2020 (Revised February 2021)
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385
40 CFR 146.4(c)
The total dissolved solids content of the ground water is
more than 3,000 and less than 10,000 mg/l and it is not
reasonably expected to supply a public water system.
§603603.F.2.c
c. the total dissolved solids content of the
ground water is more than 3,000 and less than 10,000
mg/1 and it is not reasonably expected to supply a
public water system.
Text is identical.
386
40 CFR 146.4(d)
The areal extent of an aquifer exemption for a Class II
enhanced oil recovery or enhanced gas recovery well
may be expanded for the exclusive purpose of Class VI
injection for geologic sequestration under §144.7(d) of
this chapter if it meets the following criteria:
§603603.F.2.d
d. the areal extent of an aquifer exemption for
a Class II enhanced oil recovery or enhanced gas
recovery well may be expanded for the exclusive
purpose of Class VI injection for geologic
sequestration under §1033603.F.4 if it meets the
following criteria:
Text is similar, with no impact on
stringency.
Should the reference to §103.F.4.
refer to §603?
August 2020 review: citation
revised; no concerns for
stringency.
387
40 CFR 146.4(d)(1)
It does not currently serve as a source of drinking water;
and
§603603.F.2.d.i
i. it does not currently serve as a source of
drinking water; and
Text is identical.
388
40 CFR 146.4(d)(2)
The total dissolved solids content of the ground water is
more than 3,000 mg/l and less than 10,000 mg/l; and
§603603.F.2.d.i
i
ii. the total dissolved solids content of the
ground water is more than 3,000 mg/l and less than
10,000 mg/l; and
Text is identical.
389
40 CFR 146.4(d)(3)
It is not reasonably expected to supply a public water
system.
§603603.F.2.d.i
ii
iii. it is not reasonably expected to supply a
public water system.
Text is identical.
Subpart H - Criteria and Standards Applicable to Class VI Wells
40 CFR 146.81 Applicability.
390
40 CFR 146.81(a)
This subpart establishes criteria and standards for
underground injection control programs to regulate any
Class VI carbon dioxide geologic sequestration injection
wells.
§603603.A
through
603603.A.1
A. Applicability. These rules and regulations
apply to all owners and operators of proposed and
existing Class VI injection wells and projects in the
state of Louisiana.
1. The commissioner shall administer the
provisions of Act 517 and these regulations
promulgated thereunder for geologic sequestration of
carbon dioxide.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 191 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 91
March 2020 (Revised February 2021)
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391
40 CFR 146.81(b)
This subpart applies to any wells used to inject carbon
dioxide specifically for the purpose of geologic
sequestration, i.e., the long-term containment of a
gaseous, liquid, or supercritical carbon dioxide stream in
subsurface geologic formations.
§603603.A.2
2. The provisions of this Chapter only apply to
geologic sequestration of carbon dioxide in
underground reservoirs as defined in §603601 above.
The geologic sequestration of carbon dioxide is not
permitted in solution-mined salt caverns under these
provisions.
While the language at §3603.A.2
is not verbatim to 40 CFR
146.81(b), the intent of the federal
rule is preserved; that being, the
introduction of provisions
pertaining to injection of carbon
dioxide for the purposes of long
term containment. The language
at §3603.A.2 does not specify the
phase of the carbon dioxide
stream, however, all phases are
referenced in the definition in
§3601.
The following language has been
added at §3603.A.2: the geologic
sequestration of carbon dioxide is
not permitted in solution-mined
salt caverns under these
provisions.
Text does not specify the phase of
the carbon dioxide stream
(although all phases are referenced
in definition in §601). Adds
stipulation about salt caverns.
August 2020 review: clarification
is noted; no concerns for
stringency.
392
40 CFR 146.81(c)
This subpart also applies to owners or operators of
permit- or rule-authorized Class I, Class II, or Class V
experimental carbon dioxide injection projects who seek
to apply for a Class VI geologic sequestration permit for
their well or wells. Owners or operators seeking to
convert existing Class I, Class II, or Class V
experimental wells to Class VI geologic sequestration
wells must demonstrate to the Director that the wells
were engineered and constructed to meet the
requirements at 40 CFR 146.86(a) and ensure protection
of USDWs, in lieu of requirements at 40 CFR 146.86(b)
and 146.87(a). By December 10, 2011, owners or
operators of either Class I wells previously permitted for
the purpose of geologic sequestration or Class V
experimental technology wells no longer being used for
experimental purposes that will continue injection of
carbon dioxide for the purpose of GS must apply for a
Class VI permit. A converted well must still meet all
other requirements under part 146.
§603603.A.3
3. This provisions of this Chapter also apply to
owners or operators of permit- or rule-authorized
Class I, Class II, or Class V experimental carbon
dioxide injection projects who seek to apply for a
Class VI geologic sequestration permit for their well
or wells. Owners or operators seeking to convert
existing Class I, Class II, or Class V experimental
wells to Class VI geologic sequestration wells must
demonstrate to the Director commissioner that the
wells were engineered and constructed to meet the
requirements at §613617.A.1 and ensure protection of
USDWs, in lieu of requirements at §§613617.A.2 and
§613617.B.1 By December 10, 2011, owners or
operators of either Class I wells previously permitted
for the purpose of geologic sequestration or Class V
experimental technology wells no longer being used
for experimental purposes that will continue injection
of carbon dioxide for the purpose of GS must apply
for a Class VI permit. A converted well must still
meet all other requirements under this Chapter.
Text is similar, with no impact on
stringency.
EPA August Review: Should Reg
text at 603.A.3 say Commissioner
instead of Director?
EPA September Review: Edit
addresses EPA’s August
Comment. No further concerns.
Commented [KS21]: Updated.
Docket No. IMD-2021-02; Page 192 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 92
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
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LA Citation
LA Rule Text
393
40 CFR 146.81(d)
Definitions. The following definitions apply to this
subpart. To the extent that these definitions conflict with
those in 40 CFR 144.3 or 146.3, these definitions
govern for Class VI wells:
§603601.A
A. The following definitions apply to all
regulations in this Chapter. Terms not defined in this
Section for Class VI wells have the meaning given by
R.S. (1950) Title 30, Section 1103.
While the language at §3601.A is
not verbatim to 40 CFR
146.81(d), the intent of the federal
rule is preserved; that being, the
introduction of definitions.
The language regarding potential
conflicting definitions will not be
adopted since §3601.A is the only
section of definitions in the state
rule and pertain to Class VI wells.
Text does not cover conflicting
definitions.
August 2020 review: clarification
is noted; no concerns for
stringency.
394
Area of review means the region surrounding the
geologic sequestration project where USDWs may be
endangered by the injection activity. The area of review
is delineated using computational modeling that
accounts for the physical and chemical properties of all
phases of the injected carbon dioxide stream and
displaced fluids, and is based on available site
characterization, monitoring, and operational data as set
forth in § 146.84.
§603601.A
Area of Review―the region surrounding the geologic
sequestration project where USDWs may be
endangered by the injection activity, and is delineated
using computational modeling that accounts for the
physical and chemical properties of all phases of the
injected carbon dioxide stream and displaced fluids,
and is based on available site characterization,
monitoring, and operational data as set forth in
§§613615.B. and §613615.C.
Text is similar, with no impact on
stringency.
395
Carbon dioxide plume means the extent underground, in
three dimensions, of an injected carbon dioxide stream.
§603601.A
Carbon Dioxide Plume—the extent underground, in
three dimensions, of an injected carbon dioxide
stream.
Text is identical.
396
Carbon dioxide stream means carbon dioxide that has
been captured from an emission source (e.g., a power
plant), plus incidental associated substances derived
from the source materials and the capture process, and
any substances added to the stream to enable or improve
the injection process. This subpart does not apply to any
carbon dioxide stream that meets the definition of a
hazardous waste under 40 CFR part 261361.
§603601.A
Carbon Dioxide Stream—the carbon dioxide that has
been captured from an emission source (e.g., a power
plant), plus incidental associated substances derived
from the source materials and the capture process, and
any substances added to the stream to enable or
improve the injection process. This meaning does not
apply to any carbon dioxide stream meeting the
definition of a hazardous waste under Title 40, Code
of Federal Regulations, Part 261361.
Text is similar, with no impact on
stringency.
397
Confining zone means a geologic formation, group of
formations, or part of a formation stratigraphically
overlying the injection zone(s) that acts as barrier to
fluid movement. For Class VI wells operating under an
injection depth waiver, confining zone means a geologic
formation, group of formations, or part of a formation
stratigraphically overlying and underlying the injection
zone(s).
§603601.A
Confining Zone―a geological formation, group of
formations, or part of a formation stratigraphically
overlying the injection zone that acts as a barrier to
fluid movement above an injection zone.
The struck-out text of the federal
definition will not be adopted.
Waivers of the injection depth
requirements for Class VI wells
will not be granted.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 193 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 93
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
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LA Citation
LA Rule Text
398
Corrective action means the use of Director-approved
methods to ensure that wells within the area of review
do not serve as conduits for the movement of fluids into
underground sources of drinking water (USDW).
§603601.A
Corrective Action—the use of UIC program-approved
methods to ensure that wells within the area of review
do not serve as conduits for the movement of fluids
into USDWs.
Text is similar, with no impact on
stringency.
399
Geologic sequestration means the long-term
containment of a gaseous, liquid, or supercritical carbon
dioxide stream in subsurface geologic formations. This
term does not apply to carbon dioxide capture or
transport.
§603601.A
Geologic Sequestration—the long-term containment
of a gaseous, liquid, or supercritical carbon dioxide
stream in subsurface geologic formations. This term
does not apply to carbon dioxide capture or transport.
Text is identical.
400
Geologic sequestration project means an injection well
or wells used to emplace a carbon dioxide stream
beneath the lowermost formation containing a USDW;
or, wells used for geologic sequestration of carbon
dioxide that have been granted a waiver of the injection
depth requirements pursuant to requirements at §
146.95; or, wells used for geologic sequestration of
carbon dioxide that have received an expansion to the
areal extent of an existing Class II enhanced oil
recovery or enhanced gas recovery aquifer exemption
pursuant to §§ 146.4 and 144.7(d) of this chapter. It
includes the subsurface three-dimensional extent of the
carbon dioxide plume, associated area of elevated
pressure, and displaced fluids, as well as the surface
area above that delineated region.
§603601.A
Geologic Sequestration Project—an injection well or
wells used to emplace a carbon dioxide stream
beneath the lowermost formation containing a USDW;
or wells used for geologic sequestration of carbon
dioxide that have received an expansion to the areal
extent of an existing Class II enhanced oil recovery or
enhanced gas recovery aquifer exemption pursuant to
§603603.F of this chapter. It includes the subsurface
three-dimensional extent of the carbon dioxide plume,
associated area of elevated pressure, and displaced
fluids, as well as the surface area above that
delineated region.
Text is similar, with no impact on
stringency.
401
Injection zone means a geologic formation, group of
formations, or part of a formation that is of sufficient
areal extent, thickness, porosity, and permeability to
receive carbon dioxide through a well or wells
associated with a geologic sequestration project.
§603601.A
Injection Zone―a geological formation, group of
formations or part of a formation receiving fluids
through a well. For Class VI projects, it must also be
of sufficient areal extent, thickness, porosity, and
permeability to receive carbon dioxide through a well
or wells associated with a geologic sequestration
project.
Text is similar, with no impact on
stringency.
402
Post-injection site care means appropriate monitoring
and other actions (including corrective action) needed
following cessation of injection to ensure that USDWs
are not endangered, as required under § 146.93.
§603601.A
Post-Injection Site Care—the appropriate monitoring
and other actions (including corrective action) needed
following cessation of geologic sequestration injection
to ensure that USDWs are not endangered, as required
under §6333633.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 194 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 94
March 2020 (Revised February 2021)
Code of Federal Regulations
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403
Pressure front means the zone of elevated pressure that
is created by the injection of carbon dioxide into the
subsurface. For the purposes of this subpart, the
pressure front of a carbon dioxide plume refers to a zone
where there is a pressure differential sufficient to cause
the movement of injected fluids or formation fluids into
a USDW.
§603601.A
Pressure Front—the zone of elevated pressure in the
subsurface created by injection where there is a
pressure differential sufficient to cause the movement
of injected fluids or formation fluids into a USDW.
Text is similar, with no impact on
stringency.
404
Site closure means the point/time, as determined by the
Director following the requirements under § 146.93, at
which the owner or operator of a geologic sequestration
site is released from post-injection site care
responsibilities.
§603601.A
Site Closure—the point or time, as determined by the
UIC program following the requirements under
§6333633, at which the owner or operator of a
geologic sequestration site is released from post-
injection site care responsibilities.
Text is similar, with no impact on
stringency.
405
Transmissive fault or fracture means a fault or fracture
that has sufficient permeability and vertical extent to
allow fluids to move between formations.
§603601.A
Transmissive Fault or Fracture—a fault or fracture
that has sufficient permeability and vertical extent to
allow fluids to move between formations.
Text is identical.
40 CFR 146.82 Required Class VI permit information.
406
40 CFR 146.82
This section sets forth the information which must be
considered by the Director in authorizing Class VI
wells. For converted Class I, Class II, or Class V
experimental wells, certain maps, cross-sections,
tabulations of wells within the area of review and other
data may be included in the application by reference
provided they are current, readily available to the
Director, and sufficiently identified to be retrieved.
§603607.A
A. The following minimum information
required in §603607 shall be submitted with a permit
application to construct a new Class VI well or
convert any existing well for Class VI service. The
applicant shall also refer to the appropriate application
form for any additional information that may be
required. For information already on file with the
office of conservation, the commissioner may accept
the required information by reference provided they
are current, readily available to the commissioner, and
sufficiently identified to be retrieved..
Text is similar, with no impact on
stringency. Suggest clarifying that
referenced information be current,
readily available to the Director,
and sufficiently identified to be
retrieved.
August 2020 review: revision
addresses the above comment. No
concerns for stringency.
407
40 CFR 146.82(a)
Prior to the issuance of a permit for the construction of a
new Class VI well or the conversion of an existing Class
I, Class II, or Class V well to a Class VI well, the owner
or operator shall submit, pursuant to 40 CFR 146.91(e),
and the Director shall consider the following:
§603607.A
See above.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 195 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 95
March 2020 (Revised February 2021)
408
40 CFR
146.82(a)(1)
Information required in 40 CFR 144.31 (e)(1) through
(6);
§603607.B
through
603607.B.12
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. the name and mailing address of the
applicant and the physical address of the sequestration
well facility;
4. the operator's name, address, telephone
number, and e-mail address;
5. ownership status as federal, state, private,
public, or other entity;
6. a brief description of the nature of the
business associated with the activity;
7. the activity or activities conducted by the
applicant which require the applicant to obtain a
permit under these regulations;
8. up to four SIC Codes which best reflect the
principal products or services provided by the facility;
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. 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 Permit 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
Reviewed; no issues found. See
also 144.31(e)/§607.B.
Docket No. IMD-2021-02; Page 196 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 96
March 2020 (Revised February 2021)
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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 or
documentation of the method by which proof of
financial responsibility will be provided as required in
§603609.C. Before making a final permit decision,
final (official) documentation of financial
responsibility must be submitted to and approved by
the Office of Conservation;
12. names and addresses of all property owners
within the area of review of the Class VI well or
project.
Docket No. IMD-2021-02; Page 197 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 97
March 2020 (Revised February 2021)
409
40 CFR
146.82(a)(2)
A map showing the injection well for which a permit is
sought and the applicable area of review consistent with
40 CFR 146.84. Within the area of review, the map
must show the number or name, and location of all
injection wells, producing wells, abandoned wells,
plugged wells or dry holes, deep stratigraphic boreholes,
State- or EPA-approved subsurface cleanup sites,
surface bodies of water, springs, mines (surface and
subsurface), quarries, water wells, other pertinent
surface features including structures intended for human
occupancy, State, Tribal, and Territory boundaries, and
roads. The map should also show faults, if known or
suspected. Only information of public record is required
to be included on this map;
§603607.C.1.a.i
through
603607.C.1.v
1. Maps and Related Information
a. map(s) showing property boundaries of the
facility, the location of the proposed Class VI well,
and the applicable area of review consistent with
§§613615.B and 613615.C . USGS topographic maps
with a scale of 1:24,000 may be used. The map
boundaries must extend at least two miles beyond the
area of review and include as applicable:
i. the section, township and range of
the area where the activity is located and any parish,
city, municipality, state, and tribal boundaries.
ii. within the area of review, the
map(s) must identify all injection wells, producing
wells, abandoned wells, plugged wells or dry holes,
deep stratigraphic boreholes, State- or USEPA-
approved subsurface cleanup sites, surface bodies of
water, springs, surface and subsurface mines, quarries,
water wells, other pertinent surface features including
structures intended for human occupancy, and roads.
iii. only information of public record
is required to be included on the map(s), however, the
applicant is required to make a diligent search to
locate all wells not listed in the public record.
iv. for water wells on the facility
property and adjacent property, submit a tabulation of
well depth, water level, owner, chemical analysis, and
other pertinent data. If these wells do not exist, submit
this information for a minimum of three other wells in
the area of review or a statement why this information
was not included.
v. the protocol followed to identify,
locate, and ascertain the condition of all wells within
the area of review that penetrate the injection or
confining zone.
While the language at
§603607.C.1.a.i through
603607.C.1.v is not verbatim to
40 CFR 146.82(a)(2), the intent of
the federal rule is preserved; that
being, maps of the well and the
applicable area of review should
include all pertinent information
legal boundaries, wells, boreholes,
cleanup sites, bodies of water,
quarries, surface and subsurface
mines, and other pertinent surface
features including structures
intended for human occupancy,
and roads.
The struck out text will not be
adopted in this section because
faults will be accounted for in
§603607.C.1.b.iii as a component
of the information on the geologic
structure and hydrogeologic
properties of the proposed storage
site required by §603607.C.1.b.
In addition to the text at 40 CFR
146.82(a)(2), the following
language has been added at
§603607.C.1.iv through
603607.C.1.v: for water wells on
the facility property and adjacent
property, submit a tabulation of
well depth, water level, owner,
chemical analysis, and other
pertinent data. If these wells do
not exist, submit this information
for a minimum of three other
wells in the area of review or a
statement why this information
was not included; the protocol
followed to identify, locate, and
ascertain the condition of all wells
within the area of review that
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 198 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 98
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
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penetrate the injection or
confining zone.
410
40 CFR
146.82(a)(3)
Information on the geologic structure and hydrogeologic
properties of the proposed storage site and overlying
formations, including:
§603607.C.1.b
b. information on the geologic structure and
hydrogeologic properties of the proposed
sequestration site and overlying formations, to
include:
Text is similar, with no impact on
stringency.
411
40 CFR
146.82(a)(3)(i)
Maps and cross sections of the area of review;
N/A
The text at 40 CFR 146.82(a)(3)(i)
will not be adopted in this section
because maps and cross sections
of the area of review will be
accounted for in §603607.C.1.b.i
through 603607.C.1.b.ii as the
geologic and topographic maps
and cross-sections required by 40
CFR 146.82(a)(3)(vi). These maps
will provide equivalent
information to the requirements of
40 CFR 146.82(a)(3)(i).
No state equivalent. The
referenced maps should provide
equivalent information.
August 2020 review: clarification
is noted; no concerns for
stringency.
412
40 CFR
146.82(a)(3)(ii)
The location, orientation, and properties of known or
suspected faults and fractures that may transect the
confining zone(s) in the area of review and a
determination that they would not interfere with
containment;
§603607.C.1.b.
iii
iii. the location, orientation, and properties of
known or suspected faults and fractures that may
transect the confining zone(s) in the area of review
and a determination that they would not interfere with
containment;
Text is identical.
413
40 CFR
146.82(a)(3)(iii)
Data on the depth, areal extent, thickness, mineralogy,
porosity, permeability, and capillary pressure of the
injection and confining zone(s); including
geology/facies changes based on field data which may
include geologic cores, outcrop data, seismic surveys,
well logs, and names and lithologic descriptions;
§603607.C.2.a
a. data on the depth, areal extent, thickness,
mineralogy, porosity, permeability, and capillary
pressure of the injection and confining zone(s);
including geology/facies changes based on field data
which may include geologic cores, outcrop data,
seismic surveys, well logs, and names and lithologic
descriptions;
Text is identical.
414
40 CFR
146.82(a)(3)(iv)
Geomechanical information on fractures, stress,
ductility, rock strength, and in situ fluid pressures within
the confining zone(s);
§603607.C.2.b
b. geomechanical information on fractures,
stress, ductility, rock strength, and in situ fluid
pressures within the confining zone(s);
Text is identical.
415
40 CFR
146.82(a)(3)(v)
Information on the seismic history including the
presence and depth of seismic sources and a
determination that the seismicity would not interfere
with containment; and
§603607.C.2.c
c. information on the region’s seismic history
including the presence and depth of seismic sources
and a determination that the seismicity would not
interfere with containment; and
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 199 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 99
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
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LA Citation
LA Rule Text
416
40 CFR
146.82(a)(3)(vi)
Geologic and topographic maps and cross sections
illustrating regional geology, hydrogeology, and the
geologic structure of the local area.
§603607.C.1.b.
i
through
603607.C.1.b.ii
i. geologic and topographic maps and cross-
sections illustrating regional geology, geologic
structure, and hydrology.
ii. maps and cross-sections to a scale needed to
detail the local geology, geologic structure, and
hydrology. The maps and cross-sections must extend
at least two miles beyond the area of review
§603607.C.1.b.ii includes more
stringent requirements that maps
and cross-sections must be drawn
to a scale needed to detail the
local geology and hydrology and
that the maps and cross-sections
must extend two miles beyond the
area of review.
State rule does not require maps
show geologic structure; this may
be acceptable with the requirement
at §607.C.1.b.
August 2020 review: revision
addresses the above comment. No
concerns for stringency.
417
40 CFR
146.82(a)(4)
A tabulation of all wells within the area of review which
penetrate the injection or confining zone(s). Such data
must include a description of each well's type,
construction, date drilled, location, depth, record of
plugging and/or completion, and any additional
information the Director may require;
§603607.C.2.d
d. a tabulation of all wells within the area of
review that penetrate the base of the USDW. Such data
must include a description of each well’s type,
construction, date drilled, location, depth, record of
plugging and/or completion, and any other
information the commissioner may require;
The struck-out text of 40 CFR
146.82(a)(4) will not be adopted.
The following emphasized
language has been added instead:
the base of the USDW.
Text changes “injection or
confining zones” to “base of the
USDW.” No impact on stringency.
August 2020 review: no concerns
for stringency.
418
40 CFR
146.82(a)(5)
Maps and stratigraphic cross sections indicating the
general vertical and lateral limits of all USDWs, water
wells and springs within the area of review, their
positions relative to the injection zone(s), and the
direction of water movement, where known;
§603607.C.1.b.
iv
iv. maps and stratigraphic cross-sections
showing the general vertical and lateral limits of all
USDWs, water wells and springs within the area of
review, their position relative to the injection zone(s)
and the direction of water movement, if known.
Text is similar, with no impact on
stringency.
419
40 CFR
146.82(a)(6)
Baseline geochemical data on subsurface formations,
including all USDWs in the area of review;
§603607.C.2.e
e. baseline geochemical data on subsurface
formations, including injection zones, confining zones
and all USDWs in the area of review;
Text is similar, with no impact on
stringency.
420
40 CFR
146.82(a)(7)
Proposed operating data for the proposed geologic
sequestration site:
§603607.C.2.f
f. proposed operating data
Text is similar, with no impact on
stringency.
421
40 CFR
146.82(a)(7)(i)
Average and maximum daily rate and volume and/or
mass and total anticipated volume and/or mass of the
carbon dioxide stream;
§603607.C.2.f.i
i. average and maximum daily rate and
volume and/or mass and total anticipated volume
and/or mass of the carbon dioxide stream;
Text is identical.
422
40 CFR
146.82(a)(7)(ii)
Average and maximum injection pressure;
§603607.C.2.f.i
i
ii. average and maximum injection pressure;
Text is identical.
423
40 CFR
146.82(a)(7)(iii)
The source(s) of the carbon dioxide stream; and
§603607.C.2.f.i
ii
iii. source(s) of the carbon dioxide stream; and
Text is identical.
424
40 CFR
146.82(a)(7)(iv)
An analysis of the chemical and physical characteristics
of the carbon dioxide stream.
§603607.C.2.f.i
v
iv. analysis of the chemical and physical
characteristics of the carbon dioxide stream.
Text is identical.
425
40 CFR
146.82(a)(8)
Proposed pre-operational formation testing program to
obtain an analysis of the chemical and physical
characteristics of the injection zone(s) and confining
zone(s) and that meets the requirements at 40 CFR
146.87;
§603607.C.2.g
g. proposed pre-operational formation testing
program to obtain an analysis of the chemical and
physical characteristics of the injection zone(s) and
confining zone(s) and that meets the requirements at
§613617.B;
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 200 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 100
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
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LA Citation
LA Rule Text
426
40 CFR
146.82(a)(9)
Proposed stimulation program, a description of
stimulation fluids to be used and a determination that
stimulation will not interfere with containment;
§603607.C.2.h
h. proposed stimulation program, a description
of stimulation fluids to be used and a determination
that stimulation will not interfere with containment;
Text is identical.
427
40 CFR
146.82(a)(10)
Proposed procedure to outline steps necessary to
conduct injection operation;
§603607.C.2.i
i. proposed injection operation procedures;
Text is similar, with no impact on
stringency.
428
40 CFR
146.82(a)(11)
Schematics or other appropriate drawings of the surface
and subsurface construction details of the well;
§603607.C.2.j
j. schematics or other appropriate drawings of
the surface (wellhead and related appurtenances) and
subsurface construction details of the well;
Text is similar, with no impact on
stringency.
429
40 CFR
146.82(a)(12)
Injection well construction procedures that meet the
requirements of 40 CFR 146.86;
§603607.C.2.k
k. injection well construction procedures that
meet the requirements of §613617.A;
Text is similar, with no impact on
stringency.
430
40 CFR
146.82(a)(13)
Proposed area of review and corrective action plan that
meets the requirements under 40 CFR 146.84;
§603607.C.2.l
l. proposed area of review and corrective
action plan that meets the requirements under
§§613615.B and §613615.C;
Text is similar, with no impact on
stringency.
431
40 CFR
146.82(a)(14)
A demonstration, satisfactory to the Director, that the
applicant has met the financial responsibility
requirements under 40 CFR 146.85;
§603607.C.2.m
m. the applicant’s satisfactory demonstration of
the financial responsibility requirements undera
demonstration, satisfactory to the commissioner, that
the applicant has met the financial responsibility
requirements under §603609.C.;
Text omits “to the Director.” See
also 146.85/§609.C.
August 2020 review: revised state
provision is now similar to CFR.
No concerns for stringency.
432
40 CFR
146.82(a)(15)
Proposed testing and monitoring plan required by 40
CFR 146.90;
§603607.C.2.n
n. proposed testing and monitoring plan
required by §623625;
Text is similar, with no impact on
stringency.
433
40 CFR
146.82(a)(16)
Proposed injection well plugging plan required by 40
CFR 146.92(b);
§603607.C.2.o
o. proposed injection well plugging plan
required by §6313631;
Text is similar, with no impact on
stringency.
434
40 CFR
146.82(a)(17)
Proposed post-injection site care and site closure plan
required by 40 CFR 146.93(a);
§603607.C.2.p
p. proposed post-injection site care and site
closure plan required by §6333633.A.3;
Text is similar, with no impact on
stringency.
435
40 CFR
146.82(a)(18)
At the Director’s discretion, a demonstration of an
alternative post-injection site care timeframe required
by 40 CFR 146.93(c);
§603607.C.2.q
q. at the commissioner’s discretion, a
demonstration of an alternative post-injection site care
timeframe required by §6333633.A.3;
Text is similar, with no impact on
stringency.
436
40 CFR
146.82(a)(19)
Proposed emergency and remedial response plan
required by 40 CFR 146.94(a);
§603607.C.2.r
r. proposed emergency and remedial response
plan required (contingency plans for well failures or
breaches) by §623623;
Text is similar, with no impact on
stringency. (Note that the Class VI
E&RR plan addresses more than
well failures or breaches; see
146.95.)
437
40 CFR
146.82(a)(20)
A list of contacts, submitted to the Director, for those
States, Tribes, and Territories identified to be within the
area of review of the Class VI project based on
information provided in paragraph (a)(2) of this section;
and
§603607.C.2.s
s. a list of contacts, submitted to the
commissioner for those states and tribes identified to
be within the area of review based on information
provided in §603607.C.1.a.i; and
Text is similar, with no impact on
stringency.
438
40 CFR
146.82(a)(21)
Any other information requested by the Director.
§603607.C.2.t
t. any additional information required by the
commissioner to evaluate the proposed project.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 201 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 101
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
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LA Citation
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439
40 CFR 146.82(b)
The Director shall notify, in writing, any States, Tribes,
or Territories within the area of review of the Class VI
project based on information provided in paragraphs
(a)(2) and (a)(20) of this section of the permit
application and pursuant to the requirements at 40 CFR
145.23(f)(13).
§603607.C.3
3. The commissioner shall notify in writing,
any states or tribes within the area of review based on
information provided by the applicant in
§§603607.C.1.a.i and §603607.C.2.s.
The struck out text of 40 CFR
146.82(b) will not be adopted
since there are no Territories
located in or adjacent to
Louisiana.
Reviewed; no issues found.
August 2020 review: no concerns
for stringency.
Docket No. IMD-2021-02; Page 202 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 102
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
440
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§3607.C.4
4. The commissioner may grant a variance to
application requirements upon proof that the
exception does not present a danger to the USDW or
to the health and safety of the public or the
environment. Any requested variance or alternatives
to required standards shall be included in the fact
sheet in accordance with §3609.D.2.d
While the federal rule does not
explicitly account for granting
variances, reference to the
consideration of variances is made
at 40 CFR 124.8(b)(5).
August 2020 review: EPA legal
review requested regarding
whether any such variances may
render the state’s permit
application requirements less
stringent than the CFR.
Note: a period is missing at the
end of this sentence in the rule.
EPA August Review: (HQ & Jay
Przyborski): Needs clarification
could be perceived as less
stringent. While the federal rules
contemplate a fact sheet that may
include justification of “variances
or alternatives to required
standards[,]” the federal rules do
not contemplate exceptions to
application requirements. This
would render the LA rules less
stringent. We may need to discuss
further, as LA’s current UIC rules
contain a very broad provision for
variances and exceptions: “Except
where noted in specific provisions
of these rules and regulations, the
Office of Conservation may allow,
on a case-by-case basis,
exceptions or variances to these
rules and regulations.” (§3103.F)
The state provisions allowing such
broad variances and exceptions
may only pertain to rules issued
under section 1425 of the SDWA.
EPA September Review: Removal
addresses EPA’s August
Comment. No further concerns for
stringency.
Formatted: Strikethrough
Formatted: Strikethrough
Formatted: Strikethrough
Commented [KS22]: Updated
Docket No. IMD-2021-02; Page 203 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 103
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
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LA Citation
LA Rule Text
441
40 CFR 146.82(c)
Prior to granting approval for the operation of a Class
VI well, the Director shall consider the following
information:
§613619.A
A. Pre-Operating Requirements. The owner or
operator of the well shall submit the following
information to the commissioner. The commissioner
shall consider the information before granting final
approval for the operation of a Class VI well:
Text is similar, with no impact on
stringency.
442
40 CFR
146.82(c)(1)
The final area of review based on modeling, using data
obtained during logging and testing of the well and the
formation as required by paragraphs (c)(2), (3), (4), (6),
(7), and (10) of this section;
§613619.A.1
1. the final area of review based on modeling,
using data obtained during logging and testing of the
well and subsurface formations as required by
§613619.A.2., 3., 4., 6., 7., and 10;
Text is similar, with no impact on
stringency.
443
40 CFR
146.82(c)(2)
Any relevant updates, based on data obtained during
logging and testing of the well and the formation as
required by paragraphs (c)(3), (4), (6), (7), and (10) of
this section, to the information on the geologic structure
and hydrogeologic properties of the proposed storage
site and overlying formations, submitted to satisfy the
requirements of paragraph (a)(3) of this section;
§613619.A.2
2. any relevant updates—based on data
obtained during logging and testing of the well and
subsurface formations as required by §613619.A.3.,
4., 6., 7., and 10—to the information on the geologic
structure and hydrogeologic properties of the
proposed storage site and overlying formations,
submitted to satisfy the requirements of
§603607.C.1.b;
Text is similar, with no impact on
stringency.
444
40 CFR
146.82(c)(3)
Information on the compatibility of the carbon dioxide
stream with fluids in the injection zone(s) and minerals
in both the injection and the confining zone(s), based on
the results of the formation testing program, and with
the materials used to construct the well;
§613619.A.3
through
613619.A.3.c
3. information on the compatibility of the
carbon dioxide stream:
a. with fluids in the injection zone(s);
b. with minerals in both the injection and the
confining zone(s), based on the results of the
formation testing program; and
c. with the materials used to construct the
well;
Text is similar, with no impact on
stringency.
445
40 CFR
146.82(c)(4)
The results of the formation testing program required at
paragraph (a)(8) of this section;
§613619.A.4
4. the results of the formation testing program
required at §603607.C.2.g;
Text is similar, with no impact on
stringency.
446
40 CFR
146.82(c)(5)
Final injection well construction procedures that meet
the requirements of 40 CFR 146.86;
§613619.A.5
5. final injection well construction procedures
that meet the requirements of §613617.A;
Text is similar, with no impact on
stringency.
447
40 CFR
146.82(c)(6)
The status of corrective action on wells in the area of
review;
§613619.A.6
6. the status of corrective action on wells in the
area of review;
Text is identical.
448
40 CFR
146.82(c)(7)
All available logging and testing program data on the
well required by 40 CFR 146.87;
§613619.A.7
7. all available logging and testing program
data on the well required by §613617.B;
Text is similar, with no impact on
stringency.
449
40 CFR
146.82(c)(8)
A demonstration of mechanical integrity pursuant to 40
CFR 146.89;
§613619.A.8
8. a demonstration of mechanical integrity
pursuant to §623627;
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 204 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 104
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
450
40 CFR
146.82(c)(9)
Any updates to the proposed area of review and
corrective action plan, testing and monitoring plan,
injection well plugging plan, post-injection site care and
site closure plan, or the emergency and remedial
response plan submitted under paragraph (a) of this
section, which are necessary to address new information
collected during logging and testing of the well and the
formation as required by all paragraphs of this section,
and any updates to the alternative post-injection site
care timeframe demonstration submitted under
paragraph (a) of this section, which are necessary to
address new information collected during the logging
and testing of the well and the formation as required by
all paragraphs of this section; and
§613619.A.9
9. any updates to the proposed area of review
and corrective action plan, testing and monitoring
plan, injection well plugging plan, post-injection site
care and site closure plan, or the emergency and
remedial response plan submitted under §623623, that
are necessary to address new information collected
during logging and testing of the well and the
formation as required by §613617.B, and any updates
to the alternative post-injection site care timeframe
demonstration submitted under §6333633, that are
necessary to address new information collected during
the logging and testing of the well and the formation
as required by; and
Text is similar, with no impact on
stringency.
451
40 CFR
146.82(c)(10)
Any other information requested by the Director.
§613619.A.10
10. Any additional information requested by the
commissioner.
Text is similar, with no impact on
stringency.
452
40 CFR 146.82(d)
Owners or operators seeking a waiver of the
requirement to inject below the lowermost USDW must
also refer to 40 CFR 146.95 and submit a supplemental
report, as required at 40 CFR 146.95(a). The
supplemental report is not part of the permit application.
N/A
The text at 40 CFR 146.82(d) will
not be adopted. Waivers of the
requirement to inject below the
lowermost USDW will not be
granted.
Reviewed; no issues found.
40 CFR 146.83 Minimum criteria for siting.
453
40 CFR 146.83(a)
Owners or operators of Class VI wells must demonstrate
to the satisfaction of the Director that the wells will be
sited in areas with a suitable geologic system. The
owners or operators must demonstrate that the geologic
system comprises:
§613615
A. Minimum Criteria for Siting. Applicants,
owners, or operators of Class VI wells must
demonstrate to the satisfaction of the commissioner
that the wells will be sited in areas with a suitable
geologic system. The demonstration must show that
the geologic system comprises:
Text is similar, with no impact on
stringency.
454
40 CFR
146.83(a)(1)
An injection zone(s) of sufficient areal extent, thickness,
porosity, and permeability to receive the total
anticipated volume of the carbon dioxide stream;
§613615.A.1
1. an injection zone of sufficient areal extent,
thickness, porosity, and permeability to receive the
total anticipated volume of the carbon dioxide stream;
Text is identical.
455
40 CFR
146.83(a)(2)
Confining zone(s) free of transmissive faults or fractures
and of sufficient areal extent and integrity to contain the
injected carbon dioxide stream and displaced formation
fluids and allow injection at proposed maximum
pressures and volumes without initiating or propagating
fractures in the confining zone(s).
§613615.A.2
2. confining zone(s) free of transmissive faults
or fractures and of sufficient areal extent and integrity
to contain the injected carbon dioxide stream and
displaced formation fluids, and allow injection at
proposed maximum pressures and volumes without
initiating or propagating fractures in the confining
zone(s).
Text is identical.
Docket No. IMD-2021-02; Page 205 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 105
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
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LA Citation
LA Rule Text
456
40 CFR 146.83(b)
The Director may require owners or operators of Class
VI wells to identify and characterize additional zones
that will impede vertical fluid movement, are free of
faults and fractures that may interfere with containment,
allow for pressure dissipation, and provide additional
opportunities for monitoring, mitigation, and
remediation.
§613615.A.2.a
a. The commissioner may require owners or
operators of Class VI wells to identify and
characterize additional zones that will impede vertical
fluid movement, are free of faults and fractures that
may interfere with containment, allow for pressure
dissipation, and provide additional opportunities for
monitoring, mitigation, and remediation.
Text is identical.
40 CFR 146.84 Area of review and corrective action.
457
40 CFR 146.84(a)
The area of review is the region surrounding the
geologic sequestration project where USDWs may be
endangered by the injection activity. The area of review
is delineated using computational modeling that
accounts for the physical and chemical properties of all
phases of the injected carbon dioxide stream and is
based on available site characterization, monitoring, and
operational data.
§613615.B.1
1. The area of review is the region surrounding
the geologic sequestration project where USDWs may
be endangered by the injection activity. The area of
review is delineated using computational modeling
that accounts for the physical and chemical properties
of all phases of the injected carbon dioxide stream and
is based on available site characterization, monitoring,
and operational data.
Text is identical.
458
40 CFR 146.84(b)
The owner or operator of a Class VI well must prepare,
maintain, and comply with a plan to delineate the area
of review for a proposed geologic sequestration project,
periodically reevaluate the delineation, and perform
corrective action that meets the requirements of this
section and is acceptable to the Director. The
requirement to maintain and implement an approved
plan is directly enforceable regardless of whether the
requirement is a condition of the permit. As a part of the
permit application for approval by the Director, the
owner or operator must submit an area of review and
corrective action plan that includes the following
information:
§613615.B.2
2. The owner or operator of a Class VI well
must prepare, maintain, and comply with a plan to
delineate the area of review for the proposed geologic
sequestration project, periodically reevaluate the
delineation, and perform corrective action that meets
the requirements of these regulations and is acceptable
to the commissioner. The requirement to maintain and
implement an approved plan is directly enforceable
regardless of whether the requirement is a condition of
the permit. As a part of the permit application, the
owner or operator must submit an area of review and
corrective action plan that includes the following
information:
Text is similar, with no impact on
stringency.
459
40 CFR
146.84(b)(1)
The method for delineating the area of review that meets
the requirements of paragraph (c) of this section,
including the model to be used, assumptions that will be
made, and the site characterization data on which the
model will be based;
§613615.B.2.a
a. the method for delineating the area of
review that meets the requirements of §613615.B.3,
including the model to be used, assumptions that will
be made, and the site characterization data on which
the model will be based;
Text is similar, with no impact on
stringency.
46060
40 CFR
146.84(b)(2)
A description of:
§613615.B.2.b
b. a description of:
Text is identical.
46161
40 CFR
146.84(b)(2)(i)
The minimum fixed frequency, not to exceed five years,
at which the owner or operator proposes to reevaluate
the area of review;
§613615.B.2.b.
i
i. the minimum fixed frequency—not to
exceed five years—at which the owner or operator
proposes to reevaluate the area of review;
Text is identical.
Docket No. IMD-2021-02; Page 206 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 106
March 2020 (Revised February 2021)
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Current Louisiana Statutes and Regulations
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LA Citation
LA Rule Text
46262
40 CFR
146.84(b)(2)(ii)
The monitoring and operational conditions that would
warrant a reevaluation of the area of review prior to the
next scheduled reevaluation as determined by the
minimum fixed frequency established in paragraph
(b)(2)(i) of this section.
§613615.B.2.b.
ii
ii. the monitoring and operational conditions
that would warrant a reevaluation of the area of
review prior to the next scheduled reevaluation as
determined by the minimum fixed frequency
established in §613615.B.2.b.i.
Text is similar, with no impact on
stringency.
463
40 CFR
146.84(b)(2)(iii)
How monitoring and operational data (e.g., injection
rate and pressure) will be used to inform an area of
review reevaluation; and
§613615.B.2.b.
iii
iii. how monitoring and operational data (e.g.,
injection rate and pressure) will be used to inform an
area of review reevaluation; and
Text is identical.
464
40 CFR
146.84(b)(2)(iv)
How corrective action will be conducted to meet the
requirements of paragraph (d) of this section, including
what corrective action will be performed prior to
injection and what, if any, portions of the area of review
will have corrective action addressed on a phased basis
and how the phasing will be determined; how corrective
action will be adjusted if there are changes in the area of
review; and how site access will be guaranteed for
future corrective action.
§613615.B.2.b.
iv
iv. how corrective action will be conducted to
meet the requirements of §613615.C, including what
corrective action will be performed prior to injection
and what, if any, portions of the area of review the
operator proposes to have corrective action addressed
on a phased basis and how the phasing will be
determined; how corrective action will be adjusted if
there are changes in the area of review; and how site
access will be guaranteed for future corrective action.
The struck-out text of 40 CFR
146.84(b)(2)(iv) will not be
adopted. Instead the following
emphasized language has been
added: the operator proposes to.
As such, §613615.B.2.b.iv
includes more stringent
requirements compared to the
federal rule, namely that a phased
approach will be considered on a
case-by-case basis.
Reviewed; no issues found.
465
40 CFR 146.84(c)
Owners or operators of Class VI wells must perform the
following actions to delineate the area of review and
identify all wells that require corrective action:
§613615.B.3
3. Area of Review Boundary Delineation.
Owners or operators of Class VI wells must perform
the following actions to delineate the area of review
and identify all wells that require corrective action:
Text is identical.
466
40 CFR
146.84(c)(1)
Predict, using existing site characterization, monitoring
and operational data, and computational modeling, the
projected lateral and vertical migration of the carbon
dioxide plume and formation fluids in the subsurface
from the commencement of injection activities until the
plume movement ceases, until pressure differentials
sufficient to cause the movement of injected fluids or
formation fluids into a USDW are no longer present, or
until the end of a fixed time period as determined by the
Director. The model must:
§613615.B.3.a
a. predict, using existing site characterization,
monitoring and operational data, and computational
modeling, the projected lateral and vertical migration
of the carbon dioxide plume and formation fluids in
the subsurface from the commencement of injection
activities until the plume movement ceases, until
pressure differentials sufficient to cause the movement
of injected fluids or formation fluids into a USDW are
no longer present, or until the end of a fixed time
period as determined by the commissioner. The model
must:
Text is identical.
Docket No. IMD-2021-02; Page 207 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 107
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
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467
40 CFR
146.84(c)(1)(i)
Be based on detailed geologic data collected to
characterize the injection zone(s), confining zone(s) and
any additional zones; and anticipated operating data,
including injection pressures, rates, and total volumes
over the proposed life of the geologic sequestration
project;
§613615.B.3.a.i
i. be based on detailed geologic data collected
to characterize the injection zone(s), confining zone(s)
and any additional zones; and anticipated operating
data, including injection pressures, rates, and total
volumes over the proposed life of the geologic
sequestration project;
Text is identical.
468
40 CFR
146.84(c)(1)(ii)
Take into account any geologic heterogeneities, other
discontinuities, data quality, and their possible impact
on model predictions; and
§613615.B.3.a.i
i
ii. take into account any geologic
heterogeneities, other discontinuities, data quality, and
their possible impact on model predictions; and
Text is identical.
469
40 CFR
146.84(c)(1)(iii)
Consider potential migration through faults, fractures,
and artificial penetrations.
§613615.B.3.a.i
ii
iii. consider potential migration through faults,
fractures, and artificial penetrations.
Text is identical.
470
40 CFR
146.84(c)(2)
Using methods approved by the Director, identify all
penetrations, including active and abandoned wells and
underground mines, in the area of review that may
penetrate the confining zone(s). Provide a description of
each well’s type, construction, date drilled, location,
depth, record of plugging and/or completion, and any
additional information the Director may require; and
§613615.B.3.b
b. using methods approved by the
commissioner, the owner or operator shall at a
minimum, identify all penetrations, including active
and abandoned wells and underground mines, in the
area of review that penetrate the confining and
injection zone(s). (See §603603.H.4.) Provide a
description of each well’s type, construction, date
drilled, location, depth, record of plugging and/or
completion, and any additional information the
commissioner may require; and
In addition to the text at 40 CFR
146.84(c)(2), the following
emphasized language has been
added at §613615.B.3.b: the
owner or operator shall at a
minimum.
Reviewed; no issues found.
471
40 CFR
146.84(c)(3)
Determine which abandoned wells in the area of review
have been plugged in a manner that prevents the
movement of carbon dioxide or other fluids that may
endanger USDWs, including use of materials
compatible with the carbon dioxide stream.
§613615.B.3.c
c. determine which abandoned wells in the
area of review have been plugged in a manner that
prevents the movement of carbon dioxide or other
fluids that may endanger USDWs, including use of
materials compatible with the carbon dioxide stream.
Text is identical.
472
40 CFR 146.84(d)
Owners or operators of Class VI wells must perform
corrective action on all wells in the area of review that
are determined to need corrective action, using methods
designed to prevent the movement of fluid into or
between USDWs, including use of materials compatible
with the carbon dioxide stream, where appropriate.
§613615.C.1
1. Owners or operators of Class VI wells must
perform corrective action on all wells in the area of
review that are determined to need corrective action,
using methods designed to prevent the movement of
fluid into or between USDWs, including use of
materials compatible with the carbon dioxide stream,
where appropriate.
Text is identical.
473
40 CFR 146.84(e)
At the minimum fixed frequency, not to exceed five
years, as specified in the area of review and corrective
action plan, or when monitoring and operational
conditions warrant, owners or operators must:
§613615.C.2
2. At the minimum fixed frequency—not to
exceed five years—as specified in the area of review
and corrective action plan, or when monitoring and
operational conditions warrant, owners or operators
must:
Text is identical.
474
40 CFR
146.84(e)(1)
Reevaluate the area of review in the same manner
specified in paragraph (c)(1) of this section;
§613615.C.2.a
a. reevaluate the area of review in the same
manner specified in §613615.B.3.a;
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 208 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 108
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
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475
40 CFR
146.84(e)(2)
Identify all wells in the reevaluated area of review that
require corrective action in the same manner specified
in paragraph (c) of this section;
§613615.C.2.b
b. identify all wells in the reevaluated area of
review that require corrective action in the same
manner specified in §613615.B.3;
Text is similar, with no impact on
stringency.
476
40 CFR
146.84(e)(3)
Perform corrective action on wells requiring corrective
action in the reevaluated area of review in the same
manner specified in paragraph (d) of this section; and
§613615.C.2.c
c. perform corrective action on wells requiring
corrective action in the reevaluated area of review in
the same manner specified in §613615.C.1; and
Text is similar, with no impact on
stringency.
477
40 CFR
146.84(e)(4)
Submit an amended area of review and corrective action
plan or demonstrate to the Director through monitoring
data and modeling results that no amendment to the area
of review and corrective action plan is needed. Any
amendments to the area of review and corrective action
plan must be approved by the Director, must be
incorporated into the permit, and are subject to the
permit modification requirements at 40 CFR 144.39 or
144.41, as appropriate.
§613615.C.2.d
d. submit an amended area of review and
corrective action plan or demonstrate to the
commissioner through monitoring data and modeling
results that no amendment to the area of review and
corrective action plan is needed. Any amendments to
the area of review and corrective action plan must be
approved by the commissioner, must be incorporated
into the permit, and are subject to the permit
modification requirements at §613613, as appropriate.
Text is similar, with no impact on
stringency.
478
40 CFR 146.84(f)
The emergency and remedial response plan (as required
by 40 CFR 146.94) and the demonstration of financial
responsibility (as described by 40 CFR 146.85) must
account for the area of review delineated as specified in
paragraph (c)(1) of this section or the most recently
evaluated area of review delineated under paragraph (e)
of this section, regardless of whether or not corrective
action in the area of review is phased.
§613615.C.3
3. The emergency and remedial response plan
(as required by §623623) and the demonstration of
financial responsibility (as described by §603609.C
must account for the area of review delineated as
specified in §613615.B.3.a or the most recently
evaluated area of review delineated under
§613615.C.2, regardless of whether or not corrective
action in the area of review is phased.
Text is similar, with no impact on
stringency.
479
40 CFR 146.84(g)
All modeling inputs and data used to support area of
review reevaluations under paragraph (e) of this section
shall be retained for 10 years.
§613615.C.4
4. All modeling inputs and data used to
support area of review reevaluations under
§613615.C.2 shall be retained for at least 10 years.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 209 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 109
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
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LA Citation
LA Rule Text
40 CFR 146.85 Financial responsibility.
480
40 CFR 146.85(a)
The owner or operator must demonstrate and maintain
financial responsibility as determined by the Director
that meets the following conditions:
§603609.C.1
1. The permit shall require the permittee to
maintain financial responsibility and resources to
close, plug, and abandon the underground injection
wells and, where necessary, related surface facility,
and for post-injection site care and site closure in a
manner prescribed by the commissioner. Class VI
well operators must also comply with §603609.C.4.
The permittee must show evidence of financial
responsibility to the commissioner by the submission
of:
While the language at
§603609.C.1 is not verbatim to 40
CFR 146.85(a), the intent of the
federal rule is preserved; that
being, establishing the permittee’s
obligation to maintain and
demonstrate financial resources
and responsibility for the full life
cycle of the well and associated
facility.
Note: §603609.C.1 only includes
“financial responsibility and
resources to close, plug, and
abandon the underground
injection wells ... and for post-
injection site care and site
closure.” However, corrective
action and emergency and
remedial response are included
later in §603609.C.4.a.i through
603609.C.4.a.iv.
Reviewed; no issues found.
§609.C.4.a.i through 609.C.4.a.iv.
address financial responsibility for
the same activities as the CFR.
481
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§603609.C.2
2. The amount of funds available in the
financial instrument shall be no less than the amount
identified in the cost estimate of the closure plan and
any required post-injection site care and site closure,
and must be approved by the commissioner.
Reviewed; no issues found.
482
40 CFR
146.85(a)(1)
The financial responsibility instrument(s) used must be
from the following list of qualifying instruments:
N/A
The language at 40 CFR
146.85(a)(1) will not be adopted
since §603609.C.1 introduces the
list of qualifying instruments (see
the following rows).
Reviewed; no issues found.
483
40 CFR
146.85(a)(1)(i)
Trust Funds
§603609.C.1.d
d. site-specific trust account, or
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 210 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 110
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
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484
40 CFR
146.85(a)(1)(ii)
Surety Bonds
§603609.C.1.b
b. a performance bond (surety bond) in sole
favor of the Office of Conservation in a form
prescribed by the commissioner;
The text at 40 CFR
146.85(a)(1)(ii) has been
expanded to include: a
performance bond (surety bond)
in sole favor of the Office of
Conservation in a form prescribed
by the commissioner.
Reviewed; no issues found.
485
40 CFR
146.85(a)(1)(iii)
Letter of Credit
§603609.C.1.c
c. a letter-of-credit in sole favor of the Office
of Conservation in a form prescribed by the
commissioner;
In addition to the text at 40 CFR
146.85(a)(1)(iii), the following
language at §603609.C.1.c has
been added: in sole favor of the
Office of Conservation in a form
prescribed by the commissioner.
Reviewed; no issues found.
486
40 CFR
146.85(a)(1)(iv)
Insurance
N/A
Insurance will not be accepted as
a form of financial surety for the
activities detailed at §3609.C.1
and 3609.C.2.
This provision is separate from
the §3609.C.4.iv requirement that
the owner/operator must maintain
insurance to respond to any
emergency or to perform any
remedial action.
Clarification is needed. The state
rule requires the owner/operator to
maintain insurance to respond to
any emergency or to perform any
remedial action (§609.C.4.iv).
August 2020 review: limiting the
acceptable instruments is more
stringent than the CFR. If
additional insurance is required for
E&RR on top of the requirements
at §609.C.1.a, that would not
affect stringency.
487
40 CFR
146.85(a)(1)(v)
Self Insurance (i.e., Financial Test and Corporate
Guarantee)
N/A
The language at 40 CFR
146.85(a)(1)(v) will not be
adopted. Self insurance will not be
an accepted form of financial
assurance for the activities
detailed at §3609.C.1 and
3609.C.2.
Clarification is needed. The state
rule requires the owner/operator to
maintain insurance to respond to
any emergency or to perform any
remedial action (§609.C.4.iv).
August 2020 review: see above.
Docket No. IMD-2021-02; Page 211 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 111
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
488
40 CFR
146.85(a)(1)(vi)
Escrow Account
§609.C.1.eN/A
e. any other instrument of financial assurance
in a form acceptable to the commissioner.
The language at 40 CFR
146.85(a)(1)(v) will not be
adopted. Escrow will not be an
accepted form of financial
assurance for the activities
detailed at §3609.C.1 and
3609.C.2.
However, the owner/operator may
establish a site specific trust
account as detailed at §3609.C.1.d
to be held in the Carbon Dioxide
Geologic Storage Trust Fund as
detailed at La. R.S. 30:1110.A.1
through 1110.B.6. The language
at 40 CFR 146.85(a)(1)(vi) will
not be adopted but could be
considered an acceptable
instrument of financial assurance
at the commissioner’s discretion.
No state equivalent.
August 2020 review: limiting the
acceptable instruments is more
stringent than the CFR. No
concerns for stringency.
See below for comments about the
Carbon Dioxide Geologic Storage
Trust Fund.
489
40 CFR
146.85(a)(1)(vii)
Any other instrument(s) satisfactory to the Director
§603609.C.1.e
e. any other instrument of financial assurance
in a form acceptable to the commissioner.
Text is similar, with no impact on
stringency.
August 2020 review: minor
revision; no concerns for
stringency.
EPA August Review: The LA rule
text (pg. 10) has the word
“acceptable” deleted in addition to
“in a form”.
EPA September Review: The LA
Rule text revision addresses EPA’s
August comment.
490
40 CFR
146.85(a)(2)
The qualifying instrument(s) must be sufficient to cover
the cost of:
§603609.C.4.a
a. qualifying financial responsibility
instruments must be sufficient to cover the cost of
meeting the requirements of:
While the language at
§603609.C.4.a is not verbatim to
40 CFR 146.85(a)(2), the intent of
the federal rule is preserved.
Reviewed; no issues found.
491
40 CFR
146.85(a)(2)(i)
Corrective action (that meets the requirements of 40
CFR 146.84);
§603609.C.4.a.i
i. corrective action of §613615.C;
Text is similar, with no impact on
stringency.
492
40 CFR
146.85(a)(2)(ii)
Injection well plugging (that meets the requirements of
40 CFR 146.92);
§603609.C.4.a.i
i
ii. injection well plugging of §6313631;
Text is similar, with no impact on
stringency.
Commented [LS23]: Updated
Commented [KS24]: Updated
Docket No. IMD-2021-02; Page 212 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 112
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
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LA Citation
LA Rule Text
493
40 CFR
146.85(a)(2)(iii)
Post injection site care and site closure (that meets the
requirements of 40 CFR 146.93); and
§603609.C.4.a.i
ii
iii. post-injection site care and site closure of
§6333633; and
Text is similar, with no impact on
stringency.
494
40 CFR
146.85(a)(2)(iv)
Emergency and remedial response (that meets the
requirements of 40 CFR 146.94).
§603609.C.4.a.i
v
iv. emergency and remedial response of
§623623. The owner/operator shall maintain third
party insurance at a sufficient level to respond to any
emergency or to perform any remedial action that
meets the requirements of §623623.
In addition to the text at 40 CFR
146.85(a)(2)(iv), the following
language has been added at
§603609.C.4.a.iv: The
owner/operator shall maintain
third party insurance at a
sufficient level to respond to any
emergency or to perform any
remedial action that meets the
requirements of §623623.
This requirement is separate from
the restriction on insurance as
form of financial surety as
detailed in the explanation given
regarding 40 CFR
146.85(a)(1)(iv).
See comment above regarding
insurance not being an accepted
financial responsibility instrument.
August 2020 review: if additional
third-party insurance is required
for E&RR on top of the
requirements at §609.C.1.a, that
would not affect stringency.
495
40 CFR
146.85(a)(3)
The financial responsibility instrument(s) must be
sufficient to address endangerment of underground
sources of drinking water.
§603609.C.4.b
b. financial responsibility instruments must be
sufficient to address endangerment of underground
sources of drinking water.
Text is identical.
496
40 CFR
146.85(a)(4)
The qualifying financial responsibility instrument(s)
must comprise protective conditions of coverage.
§603609.C.4.c
c. qualifying financial responsibility
instruments must comprise protective conditions of
coverage. Protective conditions of coverage must
include at a minimum cancellation, renewal, and
continuation provisions, specifications on when the
provider becomes liable following a notice of
cancellation if there is a failure to renew with a new
qualifying financial instrument, and requirements for
the provider to meet a minimum rating, minimum
capitalization, and ability to pass the bond rating when
applicable.
In addition to the text at 40 CFR
146.85(a)(4) the following
language has been added at
§603609.C.4.c: Protective
conditions of coverage must
include at a minimum
cancellation, renewal, and
continuation provisions,
specifications on when the
provider becomes liable following
a notice of cancellation if there is
a failure to renew with a new
qualifying financial instrument,
and requirements for the provider
to meet a minimum rating,
minimum capitalization, and
ability to pass the bond rating
when applicable.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 213 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 113
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
497
40 CFR
146.85(a)(4)(i)
Protective conditions of coverage must include at a
minimum cancellation, renewal, and continuation
provisions, specifications on when the provider becomes
liable following a notice of cancellation if there is a
failure to renew with a new qualifying financial
instrument, and requirements for the provider to meet a
minimum rating, minimum capitalization, and ability to
pass the bond rating when applicable.
§603609.C.4.c
c. qualifying financial responsibility
instruments must comprise protective conditions of
coverage. Protective conditions of coverage must
include at a minimum cancellation, renewal, and
continuation provisions, specifications on when the
provider becomes liable following a notice of
cancellation if there is a failure to renew with a new
qualifying financial instrument, and requirements for
the provider to meet a minimum rating, minimum
capitalization, and ability to pass the bond rating when
applicable.
The language from 40 CFR
146.85(a)(4)(i) has been added to
the text from 40 CFR
146.85(a)(4).
Reviewed; no issues found.
498
40 CFR
146.85(a)(4)(i)(A)
Cancellation – for purposes of this part, an owner or
operator must provide that their financial mechanism
may not cancel, terminate or fail to renew except for
failure to pay such financial instrument. If there is a
failure to pay the financial instrument, the financial
institution may elect to cancel, terminate, or fail to
renew the instrument by sending notice by certified mail
to the owner or operator and the Director. The
cancellation must not be final for 120 days after receipt
of cancellation notice. The owner or operator must
provide an alternate financial responsibility
demonstration within 60 day60 days of notice of
cancellation, and if an alternate financial responsibility
demonstration is not acceptable (or possible), any funds
from the instrument being cancelled must be released
within 60 day60 days of notification by the Director.
§603609.C.4.c.i
i. Cancellation: an owner or operator must
provide that their financial mechanism may not
cancel, terminate or fail to renew except for failure to
pay such financial instrument. If there is a failure to
pay the financial instrument, the financial institution
may elect to cancel, terminate, or fail to renew the
instrument by sending notice by certified mail to the
owner or operator and the commissioner. The
cancellation must not be final for 120 days after
receipt of the cancellation notice. The owner or
operator must provide an alternate financial
responsibility demonstration within 60 day60 days of
notice of cancellation, and if an alternate financial
responsibility demonstration is not acceptable or
possible, any funds from the instrument being
cancelled must be released within 60 day60 days of
notification by the commissioner.
Text is similar, with no impact on
stringency.
499
40 CFR
146.85(a)(4)(i)(B)
Renewal – for purposes of this part, owners or operators
must renew all financial instruments, if an instrument
expires, for the entire term of the geologic sequestration
project. The instrument may be automatically renewed
as long as the owner or operator has the option of
renewal at the face amount of the expiring instrument.
The automatic renewal of the instrument must, at a
minimum, provide the holder with the option of renewal
at the face amount of the expiring financial instrument.
§603609.C.4.c.i
i
ii. Renewal: owners or operators must renew
all financial instruments, if an instrument expires, for
the entire term of the geologic sequestration project.
The instrument may be automatically renewed as long
as the owner or operator has the option of renewal at
the face amount of the expiring instrument. The
automatic renewal of the instrument must, at a
minimum, provide the holder with the option of
renewal at the face amount of the expiring financial
instrument.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 214 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 114
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
500
40 CFR
146.85(a)(4)(i)(C)
Cancellation, termination, or failure to renew may not
occur and the financial instrument will remain in full
force and effect in the event that on or before the date of
expiration: the Director deems the facility abandoned; or
the permit is terminated or revoked or a new permit is
denied; or closure is ordered by the Director or a U.S.
district court or other court of competent jurisdiction; or
the owner or operator is named as debtor in a voluntary
or involuntary proceeding under Title 11 (Bankruptcy),
U.S. Code; or the amount due is paid.
§603609.C.4.c.i
ii
iii. cancellation, termination, or failure to renew
may not occur and the financial instrument will
remain in full force and effect in the event that on or
before the date of expiration the commissioner deems
the facility abandoned; or the permit is terminated or
revoked or a new permit is denied; or closure is
ordered by the commissioner or a court of competent
jurisdiction; or the owner or operator is named as
debtor in a voluntary or involuntary proceeding under
Title 11 (Bankruptcy), U.S. Code; or the amount due
is paid.
Text is similar, with no impact on
stringency.
501
40 CFR
146.85(a)(5)
The qualifying financial responsibility instrument(s)
must be approved by the Director.
§603609.C.4.d
d. qualifying financial responsibility
instruments must be approved by the commissioner.
Text is identical.
502
40 CFR
146.85(a)(5)(i)
The Director shall consider and approve the financial
responsibility demonstration for all the phases of the
geologic sequestration project prior to issue a Class VI
permit (40 CFR 146.82).
§603609.C.4.d.
i
i. the commissioner shall consider and
approve the financial responsibility demonstration for
all the phases of the geologic sequestration project
before issuing any authorization to begin geologic
sequestration of carbon dioxide in a Class VI well.
Text is similar, with no impact on
stringency.
503
40 CFR
146.85(a)(5)(ii)
The owner or operator must provide any updated
information related to their financial responsibility
instrument(s) on an annual basis and if there are any
changes, the Director must evaluate, within a reasonable
time, the financial responsibility demonstration to
confirm that the instrument(s) used remain adequate for
use. The owner or operator must maintain financial
responsibility requirements regardless of the status of
the Director’s review of the financial responsibility
demonstration.
§603609.C.4.d.
ii
ii. the owner or operator must provide any
updated information related to their financial
responsibility instrument(s) annually and if there are
any changes, the commissioner must evaluate the
financial responsibility demonstration to confirm that
the instrument(s) used remain adequate. The owner or
operator must maintain financial responsibility
requirements regardless of the status of the
commissioner's review of the financial responsibility
demonstration.
The struck-out text of 40 CFR
146.85(a)(5)(ii) will not be
adopted.
Text omits “within a reasonable
time.” No impact on stringency.
August 2020 review: no concerns
for stringency.
504
40 CFR
146.85(a)(5)(iii)
The Director may disapprove the use of a financial
instrument if he determines that it is not sufficient to
meet the requirements of this section.
§603609.C.4.d.
iii
iii. the commissioner may disapprove the use of
a financial instrument if he determines it is not
sufficient to meet the financial responsibility
requirements.
Text is similar, with no impact on
stringency.
505
40 CFR
146.85(a)(6)
The owner or operator may demonstrate financial
responsibility by using one or multiple qualifying
financial instruments for specific phases of the geologic
sequestration project.
§603609.C.4.e
e. The owner or operator may demonstrate
financial responsibility by using one or multiple
qualifying financial instruments for specific phases of
the geologic sequestration project.
Text is identical.
Docket No. IMD-2021-02; Page 215 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 115
March 2020 (Revised February 2021)
506
40 CFR
146.85(a)(6)(i)
In the event that the owner or operator combines more
than one instrument for a specific geologic sequestration
phase (e.g., well plugging), such combination must be
limited to instruments that are not based on financial
strength or performance (i.e., self insurance or
performance bond), for example trust funds, surety
bonds guaranteeing payment into a trust fund, letters of
credit, escrow account, and insurance. In this case, it is
the combination of mechanisms, rather than the single
mechanism, which must provide financial responsibility
for an amount at least equal to the current cost estimate.
§603609.C.4.e.i
i. In the event that the owner or operator
combines more than one instrument for a specific
geologic sequestration phase (e.g., well plugging),
such combination must be limited to instruments that
are not based on financial strength or performance, for
example trust funds, certificates of deposit, surety
bonds guaranteeing payment into a trust fund, and
letters of credit, escrow account. guaranteeing
payment to the Louisiana Office of Conservation upon
failure of the Operator to meet permit conditions or
obligations under this Chapter. In this case, it is the
combination of mechanisms, rather than the single
mechanism, which must provide financial
responsibility for an amount at least equal to the
current cost estimate.
The struck-out text of 40 CFR
146.85(a)(6)(i) will not be
adopted. Only instruments such as
certificates of deposit, surety
bonds, and letters of credit will be
acceptable instruments to be used
in combination.
The language referencing trust
funds and guaranteed payment
into a trust fund will not be
adopted. As part of the authority
granted by La R.S. 30:4(R) and
30:4.1.B.1, the commissioner may
require that instruments of
financial responsibility be issued
in sole favor of the Office of
Conservation, thereby averting the
need to establish a standby trust
for third party instruments.
The following emphasized
language has been added:
guaranteeing payment to the
Louisiana Office of Conservation
upon failure of the Operator to
meet permit conditions or
obligations under this
Chapter.Self insurance and third
party insurance will not be
accepted forms of assurance, and
performance bonds are acceptable
as a form of surety bonds.
Above regulations do not
specifically mention escrow
accounts, but they are included
here (see 40 CFR 146.85(a)(1)(vi)
above).
August 2020 review: EPA legal
input requested regarding whether
a CD is an acceptable financial
instrument. (609C.1.a allows “a
certificate of deposit issued in sole
favor of the Office of
Conservation in a form prescribed
by the commissioner…”). Note
also that the instruments
mentioned under “difference” and
the rule text are inconsistent.
EPA August Review: Would like
LA’s input on their experience
with this FA instrument and
whether they have found it to be
extremely vulnerable in
bankruptcies. EPA has found that
CDs are less vulnerable when
operators are required to fully fund
the CD and house it within a
standby trust.
EPA September Review: EPA
considers a CD to be a form of an
escrow account. While LA does
not allow escrow accounts as a
financial instrument, we assume
CD’s would be allowed per 40
CFR 146.85(a)(1)(vii) Any other
instrument(s) satisfactory to the
Director. LA clarified that their
draft rule addresses any potential
vulnerability by requiring that
certificates of deposit be issued,
“in sole favor of the Office of
Conservation in a form prescribed
by the commissioner.” The
commissioner has statutory
authority to require that financial
Docket No. IMD-2021-02; Page 216 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 116
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
instruments (such as certificates of
deposit) designate DNR-OC as
beneficiary or recipient of the
funds. EPA notes LA’s
clarification and has no further
concerns for stringency.
507
40 CFR
146.85(a)(6)(ii)
When using a third-party instrument to demonstrate
financial responsibility, the owner or operator must
provide a proof that the third-party providers either have
passed financial strength requirements based on credit
ratings; or has met a minimum rating, minimum
capitalization, and ability to pass the bond rating when
applicable.
§603609.C.3
3. Any financial instrument filed in
satisfaction of the financial responsibility
requirements shall be issued by and drawn on a bank
or other financial institution authorized under state or
federal law to operate in the State of Louisiana.
While the language at
§603609.C.3 is not verbatim to 40
CFR 146.85(a)(6)(ii),. However,
by requiring that financial
instruments shall be issued by and
drawn on financial institutions
currently authorized under state or
federal law to operate in the State
of Louisiana, this ensures that the
financial strength or rating,
capitalization, and ability to pass a
bond of the financial institution in
question has already been
addressed under separate federal
and state laws and requirements.
LA note is incomplete. State text
is not equivalent to CFR.
Clarification is needed.
August 2020 review: limiting the
acceptable instruments is more
stringent than the CFR.
Commented [KS25]: Updated.
Docket No. IMD-2021-02; Page 217 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 117
March 2020 (Revised February 2021)
508
40 CFR
146.85(a)(6)(iii)
An owner or operator using certain types of third party
instruments must establish a standby trust to enable
EPA to be party to the financial responsibility
agreement without EPA being the beneficiary of any
funds. The standby trust fund must be used along with
other financial responsibility instruments (e.g., surety
bonds, letters of credit, or escrow accounts) to provide a
location to place funds if needed.
La R.S. 30:4(R)
and 30:4.1.B.1
La. R.S.
30:1110
R. The commissioner shall make, after notice and
public hearings as provided in this Chapter, any rules,
regulations, and orders that are necessary to require
reasonable bond with security for the performance of
the duty to plug each dry and abandoned well and the
closure and to perform the site cleanup required by
Item (C)(1)(a)(iv) of this Section. The rules,
regulations, and orders may classify based on location
of the well and shall provide for the following
exceptions from the reasonable bond and security
requirement:
(1) To regulate, by rules, the drilling, casing,
cementing, disposal interval, monitoring, plugging,
and permitting of disposal wells which are used to
inject hazardous waste products in the subsurface, and
to regulate all surface and storage waste facilities
incidental to oil and gas exploration and production,
in such a manner as to prevent the escape of such
hazardous waste product into a fresh groundwater
aquifer or into oil or gas strata; may require the
plugging of each abandoned well or each well which
is of no further use and the closure of associated pits,
the removal of equipment, structures, and trash, and
the general site cleanup of such abandoned or unused
well sites; and may require reasonable bond with
security for the performance of the duty to plug each
abandoned well or each well which is of no further
use and to perform the site cleanup required by this
Section. Only an owner as defined in R.S. 30:3(8)
shall be held or deemed responsible for the
performance of any actions required by the
commissioner.
A.(1) There is hereby established a fund in the
custody of the state treasurer to be known as the
Carbon Dioxide Geologic Storage Trust Fund,
hereinafter referred to as the "fund", which shall
constitute a special custodial trust fund which shall be
administered by the commissioner, who shall make
disbursements from the fund solely in accordance
with the purposes and uses authorized by this Chapter.
Et seq.
40 CFR 146.85(a)(6)(iii)) will not
be adopted. As part of the
authority granted by La R.S.
30:4(R) and 30:4.1.B.1, the
commissioner may require that
instruments of financial
responsibility be issued in sole
favor of the Office of
Conservation, thereby averting the
need to establish a standby trust
for third party instruments.
By statute, each facility will have
a carbon dioxide geologic storage
trust fundbe separately accounted
for within the Carbon Dioxide
Geologic Storage Trust Fund..
Details regarding the Carbon
Dioxide Geologic Storage Trust
Fund will be included in the
Program Description of the
primacy application.
Clarification is needed as to how
each GS project will be covered by
the trust fund.
August 2020 review: if the only
distinction is where the money is
held (but that it is earmarked for,
and only for, the specific Class VI
project), that would be acceptable.
It is recommended that a careful
review of the use of the Carbon
Dioxide Geologic Storage Trust
Fund in the Program Description
be part of the primacy application
review.
EPA August Review: Clarification
is needed as to how each GS
project will be covered by the
Trust Fund.
How much money will be in the
Trust Fund? Will it be enough?
Will it stay that way? References
to such state funds are usually
accompanied by rules establishing
(and describing in detail) the
funds. A brief reference to the
Program Description is
insufficient. A full description of
this Trust Fund should be in the
LA code and should specify that
there will be adequate resources to
offer full coverage, if needed. If
the trust fund is to be treated as
“any other instruments satisfactory
to the Director” [see 40 CFR
146.85(a)(1)(vii)], then it should
be codified.
EPA September Review: Per UIC
guidance, a standby trust may not
be needed if a state can be named
as a recipient of funds or as a
beneficiary as authorized by
applicable state law. La R.S.
30:4(R) and 30:4.1.B.1 grants the
Commented [LS26]: Updated.
Docket No. IMD-2021-02; Page 218 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 118
March 2020 (Revised February 2021)
commissioner authority to require
that instruments of financial
responsibility be issued in sole
favor of the Office of
Conservation, thereby averting the
need to establish a standby trust
for third party instruments.
Regarding the CDGSTF: The State
set a maximum limit of 5 million
dollars. LA clarified the CDGSTF
is separate from instruments of
financial surety required under the
commissioner’s UIC authority. Its
intended uses include funding
program administration and
covering any activities that may
take place after the site is closed
and the commissioner has issued a
certificate of completion of
injection operations (necessary for
liability release) in accordance
with La R.S. 30:1109. However,
as noted in La R.S. 30:1109.A.2,
release of liability won’t apply to
the owner or last operator of
record if it turns out that the
CDGSTF balance for that site
contains inadequate funds to
address any issues that arise after
the certificate of completion is
issued post closure. The
$5,000,000 cap on contributions
from a particular operator won’t
hinder the commissioner in calling
required financial surety
documents (which again is
separate) or from seeking payment
into the CDGSTF from the
owner/operator of record if the
current CDGSTF balance isn’t
enough to cover something in that
post closure period for the facility
in question. The maximum
Docket No. IMD-2021-02; Page 219 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 119
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
balance pertains more to the
operator’s fee obligation than
anything regarding financial
liability or financial security
requirements under UIC.
EPA notes LA’s clarification
about the CDGSTF and has no
further concerns for stringency.
509
40 CFR
146.85(a)(6)(iv)
An owner or operator may deposit money to an escrow
account to cover financial responsibility requirements;
this account must segregate funds sufficient to cover
estimated costs for Class VI (geologic sequestration)
financial responsibility from other accounts and uses.
N/A
La. R.S.
30:1110
A.(1) There is hereby established a fund in the
custody of the state treasurer to be known as the
Carbon Dioxide Geologic Storage Trust Fund,
hereinafter referred to as the "fund", which shall
constitute a special custodial trust fund which shall be
administered by the commissioner, who shall make
disbursements from the fund solely in accordance
with the purposes and uses authorized by this Chapter.
Et seq.
By statute and rule, an owner or
operator may establish a Site
Specific Trust Account to cover
financial responsibility
requirements., each facility will
have a carbon dioxide geologic
storage trust fund.
Details regarding the Carbon
Dioxide Geologic Storage Trust
Fund will be included in the
Program Description of the
primacy application.
The language at 40 CFR
146.85(a)(1)(v) will not be
adopted. Escrow will not be an
accepted form of financial
assurance for the activities
detailed at §3609.C.1 and
3609.C.2.
However, the owner/operator may
establish a site specific trust
account as detailed at §3609.C.1.d
to be held in the Carbon Dioxide
Geologic Storage Trust Fund as
detailed at La. R.S. 30:1110.A.1
through 1110.B.6.
Clarification is needed as to how
each GS project will be covered by
the trust fund.
August 2020 review: see above.
EPA August Review: see
comment above
EPA September Review: EPA
notes LA’s clarification about the
CDGSTF (see above) and has no
further concerns for stringency.
Commented [KS27]: Updated.
Commented [LS28]: Updated.
Commented [KS29]: Updated.
Docket No. IMD-2021-02; Page 220 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 120
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
510
40 CFR
146.85(a)(6)(v)
An owner or operator or its guarantor may use self
insurance to demonstrate financial responsibility for
geologic sequestration projects. In order to satisfy this
requirement the owner or operator must meet a Tangible
Net Worth of an amount approved by the Director, have
a Net working capital and tangible net worth each at
least six times the sum of the current well plugging, post
injection site care and site closure cost, have assets
located in the United States amounting to at least 90
percent of total assets or at least six times the sum of the
current well plugging, post injection site care and site
closure cost, and must submit a report of its bond rating
and financial information annually. In addition the
owner or operator must either: have a bond rating test of
AAA, AA, A, or BBB as issued by Standard & Poor’s
or Aaa, Aa, A, or Baa as issued by Moody’s; or meet all
of the following five financial ratio thresholds: a ratio of
total liabilities to net worth less than 2.0; a ratio of
current assets to current liabilities greater than 1.5; a
ratio of the sum of net income plus depreciation,
depletion, and amortization to total liabilities greater
than 0.1; a ratio of current assets minus current
liabilities to total assets greater than -0.1; and a net
profit (revenues minus expenses) greater than 0.
N/A
The language at 40 CFR
146.85(a)(6)(v) will not be
adopted. Self insurance will not be
an accepted form of financial
assurance.
See comment above regarding
insurance not being an accepted
financial responsibility instrument.
511
40 CFR
146.85(a)(6)(vi)
An owner or operator who is not able to meet corporate
financial test criteria may arrange a corporate guarantee
by demonstrating that its corporate parent meets the
financial test requirements on its behalf. The parent’s
demonstration that it meets the financial test
requirement is insufficient if it has not also guaranteed
to fulfill the obligations for the owner or operator.
N/A
The language at 40 CFR
146.85(a)(6)(v) will not be
adopted. A corporate guarantee
will not be an accepted form of
financial assurance.
Clarification is needed.
§609.C.4.i.ii appears to refer to a
corporate guarantee: “a guarantor
of a corporate guarantee must
make such a notification to the
commissioner if he or she is
named as debtor, as required under
the terms of the corporate
guarantee.”
August 2020 review: this
provision was removed from the
July version of the rule (see 40
CFR 146.85(d)(2)). No concerns
for stringency.
Docket No. IMD-2021-02; Page 221 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 121
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
512
40 CFR
146.85(a)(6)(vii)
An owner or operator may obtain an insurance policy to
cover the estimated costs of geologic sequestration
activities requiring financial responsibility. This
insurance policy must be obtained from a third party
provider.
N/A
The language at 40 CFR
146.85(a)(6)(vii) will not be
adopted. Third party insurance
will not be accepted as a form of
financial surety for the activities
detailed at §3609.C.1 and
3609.C.2. This provision is
separate from the §3609.C.4.iv
requirement that the
owner/operator must maintain
insurance to respond to any
emergency or to perform any
remedial action.will not be an
accepted form of financial
assurance.
See comment above regarding
insurance not being an accepted
financial responsibility instrument.
August 2020 review: limiting the
acceptable instruments is more
stringent than the CFR.
513
40 CFR 146.85(b)
The requirement to maintain adequate financial
responsibility and resources is directly enforceable
regardless of whether the requirement is a condition of
the permit.
§603609.C.4.f
f. the requirement to maintain adequate
financial responsibility and resources is directly
enforceable regardless of whether the requirement is a
condition of the permit. The owner or operator must
maintain financial responsibility and resources until:
In addition to the text at 40 CFR
146.85(b), the following language
has been added at §603609.C.4.f:
The owner or operator must
maintain financial responsibility
and resources until:
Reviewed; no issues found.
514
40 CFR
146.85(b)(1)
The owner or operator must maintain financial
responsibility and resources until:
§603609.C.4.f
f. the requirement to maintain adequate
financial responsibility and resources is directly
enforceable regardless of whether the requirement is a
condition of the permit. The owner or operator must
maintain financial responsibility and resources until:
The language from 40 CFR
146.85(b)(1) has been added to
the text from 40 CFR 146.85(b).
Reviewed; no issues found.
515
40 CFR
146.85(b)(1)(i)
The Director receives and approves the completed post-
injection site care and site closure plan; and
§603609.C.4.f.i
i. the commissioner receives and approves the
completed post-injection site care and site closure
plan; and
Text is identical.
516
40 CFR
146.85(b)(1)(ii)
The Director approves site closure.
§603609.C.4.f.i
i
ii. the commissioner approves site closure.
Text is identical.
517
40 CFR
146.85(b)(2)
The owner or operator may be released from a financial
instrument in the following circumstances:
§603609.C.4.g
g. the owner or operator may be released from
a financial instrument in the following circumstances:
Text is identical.
518
40 CFR
146.85(b)(2)(i)
The owner or operator has completed the phase of the
geologic sequestration project for which the financial
instrument was required and has fulfilled all its financial
obligations as determined by the Director, including
obtaining financial responsibility for the next phase of
the GS project, if required; or
§603609.C.4.g.
i
i. the owner or operator has completed the
phase of the geologic sequestration project for which
the financial instrument was required and has fulfilled
all its financial obligations as determined by the
commissioner, including obtaining financial
responsibility for the next phase of the geologic
sequestration project, if required; or
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 222 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 122
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
519
40 CFR
146.85(b)(2)(ii)
The owner or operator has submitted a replacement
financial instrument and received written approval from
the Director accepting the new financial instrument and
releasing the owner or operator from the previous
financial instrument.
§603609.C.4.g.
ii
ii. the owner or operator has submitted a
replacement financial instrument and received written
approval from the commissioner accepting the new
financial instrument and releasing the owner or
operator from the previous financial instrument.
Text is identical.
520
40 CFR 146.85(c)
The owner or operator must have a detailed written
estimate, in current dollars, of the cost of performing
corrective action on wells in the area of review,
plugging the injection well(s), post-injection site care
and site closure, and emergency and remedial response.
§603609.C.4.h
h. the owner or operator must have a detailed
written estimate, in current dollars, of the cost of
performing corrective action on wells in the area of
review, plugging the injection well(s), post-injection
site care and site closure, and emergency and remedial
response.
Text is identical.
521
40 CFR
146.85(c)(1)
The cost estimate must be performed for each phase
separately and must be based on the costs to the
regulatory agency of hiring a third party to perform the
required activities. A third party is a party who is not
within the corporate structure of the owner or operator.
§603609.C.4.h.
i
i. the cost estimate must be performed for
each phase separately and must be based on the costs
to the Office of Conservation of contracting a third
party to perform the required activities. A third party
is a party who is not within the corporate structure of
the owner or operator.
Text is similar, with no impact on
stringency.
522
40 CFR
146.85(c)(2)
During the active life of the geologic sequestration
project, the owner or operator must adjust the cost
estimate for inflation within 60 day60 days prior to the
anniversary date of the establishment of the financial
instrument(s) used to comply with paragraph (a) of this
section and provide this adjustment to the Director. The
owner or operator must also provide to the Director
written updates of adjustments to the cost estimate
within 60 day60 days of any amendments to the area of
review and corrective action plan (40 CFR 146.84), the
injection well plugging plan (146.92), the post-injection
site care and site closure plan (40 CFR 146.93), and the
emergency and remedial response plan (40 CFR
146.94).
§603609.C.4.h.
ii
ii. during the active life of the geologic
sequestration project, the owner or operator must
adjust the cost estimate for inflation within 60 day60
days before the anniversary date of the establishment
of the financial instrument(s) and provide this
adjustment to the commissioner. The owner or
operator must also provide the commissioner written
updates of adjustments to the cost estimate within 60
day60 days of any amendments to the area of review
and corrective action plan, the injection well plugging
plan, the post-injection site care and site closure plan,
and the emergency and remedial response plan.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 223 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 123
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
523
40 CFR
146.85(c)(3)
The Director must approve any decrease or increase to
the initial cost estimate. During the active life of the
geologic sequestration project, the owner or operator
must revise the cost estimate no later than 60 day60
days after the Director has approved the request to
modify the area of review and corrective action plan (40
CFR 146.84), the injection well plugging plan (40 CFR
146.92), the post-injection site care and site closure plan
(40 CFR 146.93), and the emergency and response plan
(40 CFR 146.94), if the change in the plan increases the
cost. If the change to the plans decreases the cost, any
withdrawal of funds must be approved by the Director.
Any decrease to the value of the financial assurance
instrument must first be approved by the Director. The
revised cost estimate must be adjusted for inflation as
specified at paragraph (c)(2) of this section.
§603609.C.4.h.
iii
iii. the commissioner must approve any
decrease or increase to the initial cost estimate.
During the active life of the geologic sequestration
project, the owner or operator must revise the cost
estimate no later than 60 day60 days after the
commissioner has approved the request to modify the
area of review and corrective action plan, the injection
well plugging plan, the post-injection site care and site
closure plan, and the emergency and response plan, if
the change in the plan increases the cost. If the change
to the plans decreases the cost, any withdrawal of
funds must be approved by the commissioner. Any
decrease to the value of the financial assurance
instrument must first be approved by the
commissioner. The revised cost estimate must be
adjusted for inflation as specified at §603609.C.4.h.ii.
above.
Text is similar, with no impact on
stringency.
534
40 CFR
146.85(c)(4)
Whenever the current cost estimate increases to an
amount greater than the face amount of a financial
instrument currently in use, the owner or operator,
within 60 day60 days after the increase, must either
cause the face amount to be increased to an amount at
least equal to the current cost estimate and submit
evidence of such increase to the Director, or obtain
other financial responsibility instruments to cover the
increase. Whenever the current cost estimate decreases,
the face amount of the financial assurance instrument
may be reduced to the amount of the current cost
estimate only after the owner or operator has received
written approval from the Director.
§603609.C.4.h.
iv
iv. whenever the current cost estimate increases
to an amount greater than the face amount of a
financial instrument currently in use, the owner or
operator, within 60 day60 days after the increase,
must either cause the face amount to be increased to
an amount at least equal to the current cost estimate
and submit evidence of such increase to the
commissioner, or obtain other financial responsibility
instruments to cover the increase. Whenever the
current cost estimate decreases, the face amount of the
financial assurance instrument may be reduced to the
amount of the current cost estimate only after the
owner or operator has received written approval from
the commissioner.
Text is identical.
535
40 CFR 146.85(d)
The owner or operator must notify the Director by
certified mail of adverse financial conditions such as
bankruptcy that may affect the ability to carry out
injection well plugging and post-injection site care and
site closure.
§603609.C.4.i
i. the owner or operator must notify the
commissioner by certified mail of adverse financial
conditions such as bankruptcy that may affect the
ability to carry out injection well plugging and post-
injection site care and site closure.
Text is identical.
Docket No. IMD-2021-02; Page 224 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 124
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
536
40 CFR
146.85(d)(1)
In the event that the owner or operator or the third party
provider of a financial responsibility instrument is going
through a bankruptcy, the owner or operator must notify
the Director by certified mail of the commencement of a
voluntary or involuntary proceeding under Title 11
(Bankruptcy), U.S. Code, naming the owner or operator
as debtor, within 10 days after commencement of the
proceeding.
§603609.C.4.i.i
i. in the event that the owner or operator or the
third party provider of a financial responsibility
instrument is going through a bankruptcy, the owner
or operator must notify the commissioner by certified
mail of the commencement of a voluntary or
involuntary proceeding under Title 11 (Bankruptcy),
U.S. Code, naming the owner or operator as debtor,
within 10 days after commencement of the
proceeding.
Text is identical.
537
40 CFR
146.85(d)(2)
A guarantor of a corporate guarantee must make such a
notification to the Director if he/she is named as debtor,
as required under the terms of the corporate guarantee.
§609.C.4.i.iiN/
A
ii. a guarantor of a corporate guarantee must
make such a notification to the commissioner if he or
she is named as debtor, as required under the terms of
the corporate guarantee.
The language at 40 CFR
146.85(d)(2) will not be adopted.
A corporate guarantee will not be
an accepted form of financial
assurance.
Text is similar, with no impact on
stringency. Clarification is needed;
state notes above that a corporate
guarantee is not an acceptable
instrument. See 146.85(a)(6)(vi).
August 2020 review: limiting the
acceptable instruments is more
stringent than the CFR.
538
40 CFR
146.85(d)(3)
An owner or operator who fulfills the requirements of
paragraph (a) of this section by obtaining a trust fund,
surety bond, letter of credit, escrow account, or
insurance policy will be deemed to be without the
required financial assurance in the event of bankruptcy
of the trustee or issuing institution, or a suspension or
revocation of the authority of the trustee institution to
act as trustee of the institution issuing the trust fund,
surety bond, letter of credit, escrow account, or
insurance policy. The owner or operator must establish
other financial assurance within 60 day60 days after
such an event.
§603609.C.4.i.i
ii
iii. an owner or operator who fulfills the
financial responsibility requirements by obtaining an
approved instrument of financial assurance will be
deemed to be without the required financial assurance
in the event of bankruptcy of the trustee or issuing
institution, or a suspension or revocation of the
authority of the trustee institution to act as trustee of
the institution issuing the financial assurance
instrument. The owner or operator must establish
other financial assurance within 60 day60 days after
such an event.
Text is similar, with no impact on
stringency.
539
40 CFR 146.85(e)
The owner or operator must provide an adjustment of
the cost estimate to the Director within 60 day60 days of
notification by the Director, if the Director determines
during the annual evaluation of the qualifying financial
responsibility instrument(s) that the most recent
demonstration is no longer adequate to cover the cost of
corrective action (as required by 40 CFR 146.84),
injection well plugging (as required by 40 CFR 146.92),
post-injection site care and site closure (as required by
40 CFR 146.93), and emergency and remedial response
(as required by 40 CFR 146.94).
§603609.C.4.j
j. the owner or operator must provide the
commissioner with an adjustment of the cost estimate
within 60 day60 days of notification by the
commissioner, if the commissioner determines during
the annual evaluation of the qualifying financial
responsibility instrument(s) that the most recent
demonstration is no longer adequate to cover the cost
of corrective action, injection well plugging, post-
injection site care and site closure, and emergency and
remedial response.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 225 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 125
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
540
40 CFR 146.85(f)
The Director must approve the use and length of pay-in-
periods for trust funds or escrow accounts.
§603609.C.4.k
k. the commissioner must approve the use and length
of pay-in-periods for trust funds or escrow accounts.
Text is identical.
40 CFR 146.86 Injection well construction requirements
541
40 CFR 146.86(a)
General. The owner or operator must ensure that all
Class VI wells are constructed and completed to:
§613617.A.1
1. General. All phases of Class VI well
construction shall be supervised by a person
knowledgeable and experienced in practical drilling
engineering and is familiar with the special conditions
and requirements of injection well construction. All
materials and equipment used in the construction of
the well and related appurtenances shall be designed
and manufactured to exceed the operating
requirements of the specific project, including flow
induced vibrations. The owner or operator must
ensure that all wells are constructed and completed to:
§613617.A.1 includes more
stringent requirements compared
to the federal rule regarding
required work experience for the
construction supervisor and
design requirements for
construction materials.
Reviewed; no issues found.
542
40 CFR
146.86(a)(1)
Prevent the movement of fluids into or between USDWs
or into any unauthorized zones;
§613617.A.1.a
a. prevent the movement of fluids into or
between USDWs or into any unauthorized zones;
Text is identical.
543
40 CFR
146.86(a)(2)
Permit the use of appropriate testing devices and
workover tools; and
§613617.A.1.b
b. allow the use of appropriate testing devices
and workover tools; and
Text is similar, with no impact on
stringency.
544
40 CFR
146.86(a)(3)
Permit continuous monitoring of the annulus space
between the injection tubing and long string casing.
§613617.A.1.c
c. allow for continuous monitoring of the
annulus space between the injection tubing and long
string casing.
Text is similar, with no impact on
stringency.
545
40 CFR 146.86(b)
Casing and Cementing of Class VI Wells.
§613617.A.2
2. Casing and Cementing of Class VI Wells
Text is identical.
546
40 CFR
146.86(b)(1)
Casing and cement or other materials used in the
construction of each Class VI well must have sufficient
structural strength and be designed for the life of the
geologic sequestration project. All well materials must
be compatible with fluids with which the materials may
be expected to come into contact and must meet or
exceed standards developed for such materials by the
American Petroleum Institute, ASTM International, or
comparable standards acceptable to the Director. The
casing and cementing program must be designed to
prevent the movement of fluids into or between
USDWs. In order to allow the Director to determine and
specify casing and cementing requirements, the owner
or operator must provide the following information:
§613617.A.2.a
a. Casing and cement or other materials used
in the construction of each Class VI well must have
sufficient structural strength and be designed for the
life of the geologic sequestration project. All well
materials must be compatible with fluids that the
materials may be expected to come into contact and
must meet or exceed standards developed for such
materials by the American Petroleum Institute, ASTM
International, or comparable standards acceptable to
the commissioner. The casing and cementing program
must be designed to prevent the movement of fluids
into or between USDWs. In order to allow the
commissioner to evaluate casing and cementing
requirements, the owner or operator must provide the
following information:
Text is similar, with no impact on
stringency.
547
40 CFR
146.86(b)(1)(i)
Depth to the injection zone(s);
§613617.A.2.a.
i
i. depth to the injection zone(s);
Text is identical.
Docket No. IMD-2021-02; Page 226 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 126
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
548
40 CFR
146.86(b)(1)(ii)
Injection pressure, external pressure, internal pressure,
and axial loading;
§613617.A.2.a.
ii
ii. injection pressure, external pressure,
internal pressure, and axial loading;
Text is identical.
549
40 CFR
146.86(b)(1)(iii)
Hole size;
§613617.A.2.a.
iii
iii. hole size;
Text is identical.
550
40 CFR
146.86(b)(1)(iv)
Size and grade of all casing strings (wall thickness,
external diameter, nominal weight, length, joint
specification, and construction material);
§613617.A.2.a.
iv
iv. size and grade of all casing strings (wall
thickness, external diameter, nominal weight, length,
joint specification, and construction material);
Text is identical.
551
40 CFR
146.86(b)(1)(v)
Corrosiveness of the carbon dioxide stream and
formation fluids;
§613617.A.2.a.
v
v. corrosiveness of the carbon dioxide stream
and formation fluids;
Text is identical.
552
40 CFR
146.86(b)(1)(vi)
Down-hole temperatures;
§613617.A.2.a.
vi
vi. down-hole temperatures;
Text is identical.
553
40 CFR
146.86(b)(1)(vii)
Lithology of injection and confining zone(s);
§613617.A.2.a.
vii
vii. lithology of injection and confining zone(s);
Text is identical.
554
40 CFR
146.86(b)(1)(viii)
Type or grade of cement and cement additives; and
§613617.A.2.a.
viii
viii. type or grade of cement and cement
additives including slurry weight (lb/gal) and yield
(cu. ft./sack); and
Text is similar, with no impact on
stringency.
555
40 CFR
146.86(b)(1)(ix)
Quantity, chemical composition, and temperature of the
carbon dioxide stream.
§613617.A.2.a.
ix
ix. quantity, chemical composition, and
temperature of the carbon dioxide stream.
Text is identical.
556
40 CFR
146.86(b)(2)
Surface casing must extend through the base of the
lowermost USDW and be cemented to the surface
through the use of a single or multiple strings of casing
and cement.
§613617.A.2.b
b. The surface casing of any Class VI well
must extend into a confining bed—such as a shale—
below the base of the deepest formation containing a
USDW. The casing shall be cemented with a
sufficient volume of cement to circulate cement from
the casing shoe to the surface. The commissioner will
not grant an exception or variance to the surface
casing setting depth.
The struck-out text of 40 CFR
146.86(b)(2) will not be adopted.
From a regulatory perspective, the
number of surface casing strings
needed to set below the base of
the USDW is irrelevant; the key is
making sure the surface casing is
set below the USDW.
§613617.A.2.b adds text requiring
the surface casing shoe be set
below the USDW into a confining
bed. This improves the prospects
for a good casing seat and casing
shoe test. Additional text added
barring variances to this
requirement.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 227 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 127
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
557
40 CFR
146.86(b)(3)
At least one long string casing, using a sufficient
number of centralizers, must extend to the injection
zone and must be cemented by circulating cement to the
surface in one or more stages.
§613617.A.2.c
c. At least one long string casing, using a
sufficient number of centralizers, shall be utilized in
the well. If the casing is to be perforated for injection,
then the approved casing shall extend through the base
of the injection zone. If an approved alternate
construction method is used, such as the setting of a
screen, the casing shall be set to the top of the
injection interval. Regardless of the construction
method utilized, the casings shall be cemented by
circulating cement from the casing shoe to the surface
in one or more stages.
§613617.A.2.c includes additional
specific requirements compared to
the federal rule.
Reviewed; no issues found.
558
40 CFR
146.86(b)(4)
Circulation of cement may be accomplished by staging.
The Director may approve an alternative method of
cementing in cases where the cement cannot be
recirculated to the surface, provided the owner or
operator can demonstrate by using logs that the cement
does not allow fluid movement behind the well bore.
§613617.A.2.d
through
613617.A.2.d.ii
d. Circulation of cement may be accomplished
by staging. Circulated to the surface shall mean that
actual cement returns to the surface were observed
during the primary cementing operation. A copy of
the cementing company’s job summary or cementing
tickets indicating returns to the surface shall be
submitted as part of the pre-operating requirements.
i. The commissioner may approve
an alternative method of cementing in cases where the
cement cannot be circulated to the surface. If cement
returns are lost during cementing, the owner or
operator shall have the burden of showing—using
wireline logs—that sufficient cement isolation is
present to prevent the movement of fluid behind the
well casing.
ii. Remedial cementing shall be done
before proceeding with further well construction,
completion, or conversion if adequate cement
isolation of the USDW or the injection zone within
the casing-formation annulus cannot be demonstrated.
§613617.A.2.d through
613617.A.2.d.i includes additional
specific requirements compared to
the federal rule.
Reviewed; no issues found.
559
40 CFR
146.86(b)(5)
Cement and cement additives must be compatible with
the carbon dioxide stream and formation fluids and of
sufficient quality and quantity to maintain integrity over
the design life of the geologic sequestration project. The
integrity and location of the cement shall be verified
using technology capable of evaluating cement quality
radially and identifying the location of channels to
ensure that USDWs are not endangered.
§613617.A.2.e
e. Cement and cement additives must be
compatible with the carbon dioxide stream and
formation fluids and of sufficient quality and quantity
to maintain integrity over the design life of the
geologic sequestration project. The integrity and
location of the cement shall be verified using
technology capable of evaluating cement quality
radially and identifying the location of channels to
ensure that USDWs are not endangered.
Text is identical.
Docket No. IMD-2021-02; Page 228 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 128
March 2020 (Revised February 2021)
560
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§613617.A.3
through
613617.A.3.b.i
3. Casing and Casing Seat Tests. The owner or
operator shall monitor and record the tests using a
surface readout pressure gauge and a chart or a digital
recorder. All instruments shall be calibrated properly
and in good working order. If there is a failure of the
required tests, the owner or operator shall take
necessary corrective action to obtain a passing test.
a. Casing. After cementing each casing, but
before drilling out the respective casing shoe, all
casings shall be hydrostatically pressure tested to
verify casing integrity and the absence of leaks. For
surface casing, the stabilized test pressure applied at
the surface shall be a minimum of 500 pounds per
square inch gauge (PSIG). The stabilized test pressure
applied at the surface for all other casings shall be a
minimum of 1,000 PSIG. All casing test pressures
shall be maintained for one hour after stabilization.
Allowable pressure loss is limited to five percent of
the test pressure over the stabilized test duration.
i. Casing test pressures shall never
exceed the rated burst or collapse pressures of the
respective casings.
b. Casing Seat. The casing seat and cement of
any intermediate and injection casings shall be
hydrostatically pressure tested after drilling out the
casing shoe. At least 10 feet of formation below the
respective casing shoes shall be drilled before the test.
The test pressure applied at the surface shall be a
minimum of 1,000 PSIG. The test pressure shall be
maintained for one hour after pressure stabilization.
Allowable pressure loss is limited to five percent of
the test pressure over the stabilized test duration.
i. Casing seat test pressures shall
never exceed the known or calculated fracture
gradient of the appropriate subsurface formation.
3. Casing and Casing Seat
Tests. The owner or operator shall
monitor and record the tests using
a surface readout pressure gauge
and a chart or a digital recorder.
All instruments shall be calibrated
properly and in good working
order. If there is a failure of the
required tests, the owner or
operator shall take necessary
corrective action to obtain a
passing test.
a. Casing. After cementing
each casing, but before drilling
out the respective casing shoe, all
casings shall be hydrostatically
pressure tested to verify casing
integrity and the absence of leaks.
For surface casing, the stabilized
test pressure applied at the surface
shall be a minimum of 500 pounds
per square inch gauge (PSIG). The
stabilized test pressure applied at
the surface for all other casings
shall be a minimum of 1,000
PSIG. All casing test pressures
shall be maintained for one hour
after stabilization. Allowable
pressure loss is limited to five
percent of the test pressure over
the stabilized test duration.
i. Casing test
pressures shall never exceed the
rated burst or collapse pressures
of the respective casings.
b. Casing Seat. The casing
seat and cement of any
intermediate and injection casings
shall be hydrostatically pressure
tested after drilling out the casing
shoe. At least 10 feet of formation
below the respective casing shoes
shall be drilled before the test.
The test pressure applied at the
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 229 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 129
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
surface shall be a minimum of
1,000 PSIG. The test pressure
shall be maintained for one hour
after pressure stabilization.
Allowable pressure loss is limited
to five percent of the test pressure
over the stabilized test duration.
i. Casing seat
test pressures shall never exceed
the known or calculated fracture
gradient of the appropriate
subsurface formation.
561
40 CFR 146.86(c)
Tubing and packer.
§613617.A.4
4. Tubing and Packer
Text is identical.
562
40 CFR
146.86(c)(1)
Tubing and packer materials used in the construction of
each Class VI well must be compatible with fluids with
which the materials may be expected to come into
contact and must meet or exceed standards developed
for such materials by the American Petroleum Institute,
ASTM International, or comparable standards
acceptable to the Director.
§613617.A.4.a
a. Tubing and packer materials used in the
construction of each Class VI well must be compatible
with fluids that the materials may be expected to come
into contact and must meet or exceed standards
developed for such materials by the American
Petroleum Institute, ASTM International, or
comparable standards acceptable to the commissioner.
Text is similar, with no impact on
stringency.
563
40 CFR
146.86(c)(2)
All owners or operators of Class VI wells must inject
fluids through tubing with a packer set at a depth
opposite a cemented interval at the location approved by
the Director.
§613617.A.4.b
b. Injection into a Class VI well must be
through tubing with a packer set at a depth opposite an
interval of cemented casing at a location approved by
the commissioner.
Text is similar, with no impact on
stringency.
564
40 CFR
146.86(c)(3)
In order for the Director to determine and specify
requirements for tubing and packer, the owner or
operator must submit the following information:
§613617.A.4.c
c. In order for the commissioner to determine
and specify requirements for tubing and packer, the
owner or operator must submit the following
information:
Text is identical.
565
40 CFR
146.86(c)(3)(i)
Depth of setting;
§613617.A.4.c.
i
i. depth of setting;
Text is identical.
566
40 CFR
146.86(c)(3)(ii)
Characteristics of the carbon dioxide stream (chemical
content, corrosiveness, temperature, and density) and
formation fluids;
§613617.A.4.c.
ii
ii. characteristics of the carbon dioxide stream
(chemical content, corrosiveness, temperature, and
density) and formation fluids;
Text is identical.
567
40 CFR
146.86(c)(3)(iii)
Maximum proposed injection pressure;
§613617.A.4.c.
iii
iii. maximum proposed injection pressure;
Text is identical.
568
40 CFR
146.86(c)(3)(iv)
Maximum proposed annular pressure;
§613617.A.4.c.
iv
iv. maximum proposed annular pressure;
Text is identical.
569
40 CFR
146.86(c)(3)(v)
Proposed injection rate (intermittent or continuous) and
volume and/or mass of the carbon dioxide stream;
§613617.A.4.c.
v
v. proposed injection rate (intermittent or
continuous) and volume and/or mass of the carbon
dioxide stream;
Text is identical.
Docket No. IMD-2021-02; Page 230 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 130
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
570
40 CFR
146.86(c)(3)(vi)
Size of tubing and casing; and
§613617.A.4.c.
vi
vi. size of tubing and casing; and
Text is identical.
571
40 CFR
146.86(c)(3)(vii)
Tubing tensile, burst, and collapse strengths.
§613617.A.4.c.
vii
vii. tubing tensile, burst, and collapse strengths.
Text is identical.
40 CFR 146.87 Logging, sampling, and testing prior to injection well operation.
572
40 CFR 146.87(a)
During the drilling and construction of a Class VI
injection well, the owner or operator must run
appropriate logs, surveys and tests to determine or
verify the depth, thickness, porosity, permeability, and
lithology of, and the salinity of any formation fluids in
all relevant geologic formations to ensure conformance
with the injection well construction requirements under
40 CFR 146.86 and to establish accurate baseline data
against which future measurements may be compared.
The owner or operator must submit to the Director a
descriptive report prepared by a knowledgeable log
analyst that includes an interpretation of the results of
such logs and tests. At a minimum, such logs and tests
must include:
§613617.B.1
1. During the drilling and construction of a
Class VI well, appropriate logs, surveys and tests must
be run to determine or verify the depth, thickness,
porosity, permeability, and lithology of, and the
salinity of formation fluids in all relevant geologic
formations to ensure conformance with the injection
well construction requirements of §613617 and to
establish accurate baseline data against which future
measurements may be compared. The well operator
must submit to the commissioner a descriptive report
prepared by a knowledgeable log analyst that includes
an interpretation of the results of such logs and tests.
At a minimum, such logs and tests must include:
Reviewed; no issues found.
573
40 CFR
146.87(a)(1)
Deviation checks during drilling on all holes constructed
by drilling a pilot hole which is enlarged by reaming or
another method. Such checks must be at sufficiently
frequent intervals to determine the location of the
borehole and to ensure that vertical avenues for fluid
movement in the form of diverging holes are not created
during drilling; and
§613617.B.1.a
a. deviation checks during drilling of all
boreholes constructed by drilling a pilot hole, which is
enlarged by reaming or another method. Such checks
must be at sufficiently frequent intervals to determine
the location of the borehole and to ensure that vertical
avenues for fluid movement in the form of diverging
holes are not created during drilling;
Text is similar, with no impact on
stringency.
574
40 CFR
146.87(a)(2)
Before and upon installation of the surface casing:
§613617.B.1.b
b. before and upon installation of surface
casing:
Text is similar, with no impact on
stringency.
575
40 CFR
146.87(a)(2)(i)
Resistivity, spontaneous potential, and caliper logs
before the casing is installed; and
§613617.B.1.b.
i
i. resistivity, gamma-ray, spontaneous
potential, and caliper logs before the casing is
installed; and
The following language has been
added at §3617.B.1.b.i: gamma-
ray.
State also requires a gamma-ray
log; no concerns for stringency.
August 2020 review: no concerns
for stringency.
576
40 CFR
146.87(a)(2)(ii)
A cement bond and variable density log to evaluate
cement quality radially, and a temperature log after the
casing is set and cemented.
§613617.B.1.b.
ii
ii. a cement bond and variable density log to
evaluate cement quality radially, and a temperature
log after the casing is set and cemented.
Text is identical.
Docket No. IMD-2021-02; Page 231 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 131
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
577
40 CFR
146.87(a)(3)
Before and upon installation of the long string casing:
§613617.B.1.c
c. before and upon installation intermediate
and long string casing:
The following emphasized
language has been added at
§3617.B.1.c: intermediate and.
State also requires testing when
installing intermediate casing; no
concerns for stringency.
August 2020 review: no concerns
for stringency.
578
40 CFR
146.87(a)(3)(i)
Resistivity, spontaneous potential, porosity, caliper,
gamma ray, fracture finder logs, and any other logs the
Director requires for the given geology before the
casing is installed; and
§613617.B.1.c.i
i. resistivity, gamma-ray, spontaneous
potential, porosity, caliper, fracture finder logs, and
any other logs the commissioner requires for the given
geology before the casing is installed; and
The following language has been
added at §3617.B.1.c.i: gamma-
ray.
State also requires a gamma-ray
log; no concerns for stringency.
August 2020 review: no concerns
for stringency.
579
40 CFR
146.87(a)(3)(ii)
A cement bond and variable density log, and a
temperature log after the casing is set and cemented.
§613617.B.1.c.i
i
ii. a cement bond and variable density log, and
a temperature log after the casing is set and cemented.
Text is identical.
580
40 CFR
146.87(a)(4)
A series of tests designed to demonstrate the internal
and external mechanical integrity of injection wells,
which may include:
§613617.B.1.d
d. a series of tests designed to demonstrate the
internal and external mechanical integrity of injection
wells, which may include:
Text is identical.
581
40 CFR
146.87(a)(4)(i)
A pressure test with liquid or gas;
§613617.B.1.d.
i
i. a pressure test with liquid or gas;
Text is identical.
582
40 CFR
146.87(a)(4)(ii)
A tracer survey such as oxygen-activation logging;
§613617.B.1.d.
ii
ii. a tracer-type survey to detect fluid
movement behind casing such as a radioactive tracer
or oxygen-activation logging, or similar tool;
§613617.B.1.d.ii includes
examples of alternative tracer type
surveys that provide equivalent
information to oxygen-activation
logging.
Reviewed; no issues found.
583
40 CFR
146.87(a)(4)(iii)
A temperature or noise log;
§613617.B.1.d.
iii
iii. a temperature or noise log;
Text is identical.
584
40 CFR
146.87(a)(4)(iv)
A casing inspection log; and
§613617.B.1.d.
iv
iv. a casing inspection log.
Text is identical.
585
40 CFR
146.87(a)(5)
Any alternative methods that provide equivalent or
better information and that are required by and/or
approved of by the Director.
§613617.B.1.e
e. any alternative methods that provide
equivalent or better information and that are required
by and approved by the commissioner.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 232 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 132
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
586
40 CFR 146.87(b)
The owner or operator must take whole cores or
sidewall cores of the injection zone and confining
system and formation fluid samples from the injection
zone(s), and must submit to the Director a detailed
report prepared by a log analyst that includes: well log
analyses (including well logs), core analyses, and
formation fluid sample information. The Director may
accept information on cores from nearby wells if the
owner or operator can demonstrate that core retrieval is
not possible and that such cores are representative of
conditions at the well. The Director may require the
owner or operator to core other formations in the
borehole.
§613617.B.2
2. The owner or operator must take whole
cores or sidewall cores of the injection zone and
confining system and formation fluid samples from
the injection zone(s), and must submit to the
commissioner a detailed report prepared by a log
analyst that includes: well log analyses (including
well logs), core analyses, and formation fluid sample
information. The commissioner may accept
information on cores from nearby wells if the owner
or operator can demonstrate that core retrieval is not
possible and that such cores are representative of
conditions at the well. The commissioner may require
the owner or operator to core other formations in the
borehole.
Text is identical.
587
40 CFR 146.87(c)
The owner or operator must record the fluid
temperature, pH, conductivity, reservoir pressure, and
static fluid level of the injection zone(s).
§613617.B.3
3. The owner or operator must record the fluid
temperature, pH, conductivity, reservoir pressure, and
static fluid level of the injection zone(s).
Text is identical.
588
40 CFR 146.87(d)
At a minimum, the owner or operator must determine or
calculate the following information concerning the
injection and confining zone(s):
§613617.B.4
4. At a minimum, the owner or operator must
determine or calculate the following information
concerning the injection and confining zone(s):
Text is identical.
589
40 CFR
146.87(d)(1)
Fracture pressure;
§613617.B.4.a
a. fracture pressure;
Text is identical.
590
40 CFR
146.87(d)(2)
Other physical and chemical characteristics of the
injection and confining zone(s); and
§613617.B.4.b
b. other physical and chemical characteristics
of the injection and confining zone(s); and
Text is identical.
591
40 CFR
146.87(d)(3)
Physical and chemical characteristics of the formation
fluids in the injection zone(s).
§613617.B.4.c
c. physical and chemical characteristics of the
formation fluids in the injection zone(s).
Text is identical.
592
40 CFR 146.87(e)
Upon completion, but prior to operation, the owner or
operator must conduct the following tests to verify
hydrogeologic characteristics of the injection zone(s):
§613617.B.5
5. Upon completion, but before operating, the
owner or operator must conduct the following tests to
verify hydrogeologic characteristics of the injection
zone(s):
Text is similar, with no impact on
stringency.
593
40 CFR
146.87(e)(1)
A pressure fall-off test; and,
§613617.B.5.a
a. a pressure fall-off test; and,
Text is identical.
594
40 CFR
146.87(e)(2)
A pump test; or
§613617.B.5.b
b. a pump test; or
Text is identical.
595
40 CFR
146.87(e)(3)
Injectivity tests.
§613617.B.5.c
c. injectivity tests.
Text is identical.
Docket No. IMD-2021-02; Page 233 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 133
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
596
40 CFR 146.87(f)
The owner or operator must provide the Director with
the opportunity to witness all logging and testing by this
subpart. The owner or operator must submit a schedule
of such activities to the Director 30 days prior to
conducting the first test and submit any changes to the
schedule 30 days prior to the next scheduled test.
§613617.B.6
6. The owner or operator must notify the
Office of Conservation at least 72 hours before
conducting any wireline logs, well tests, or reservoir
tests.
While the language at
§613617.B.6 is not verbatim to 40
CFR 146.87(f), the intent of the
federal rule is preserved: that
being, prior notification by the
well operator of a scheduled field
action. Louisiana believes a 72-
hour advance notice of a
scheduled field activity is
sufficient instead of a 30-day
notice. §613617.B.6 requires a 72
hour notice (for each test)
compared to the federal rule,
which requires a 30 day notice.
§613617.B.6 also does not include
any requirements for: providing
the commissioner with an
opportunity to witness the testing
and logging or submitting a
schedule of activities or revised
schedule of activities.
The state’s ability to address
notices within this shorter time
frame will be addressed in the
Program Description of the
primacy application. The Program
Description will also include a
description of the work permit
request form (Form UIC-17 or
successor form) that must be
approved by UIC staff prior to
start of work per §3621.A.9
72 hour, rather than 30 day, notice
may be acceptable if the state has
resources to address notices within
that time frame. EPA may wish to
keep this in mind during the
primacy application review, along
with a consideration for the
amount of witnessing the state
plans to perform.
August 2020 review: clarification
is noted; no concerns for
stringency (this will be addressed
in the primacy review).
40 CFR 146.88 Injection well operating requirements.
Docket No. IMD-2021-02; Page 234 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 134
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
597
40 CFR 146.88(a)
Except during stimulation, the owner or operator must
ensure that injection pressure does not exceed 90
percent of the fracture pressure of the injection zone(s)
so as to ensure that the injection does not initiate new
fractures or propagate existing fractures in the injection
zone(s). In no case may injection pressure initiate
fractures in the confining zone(s) or cause the
movement of injection or formation fluids that
endangers a USDW. Pursuant to requirements at 40
CFR 146.82(a)(9), all stimulation programs must be
approved by the Director as part of the permit
application and incorporated into the permit.
§623621.A.1
1. Injection Pressure. Except during
stimulation, the injection well shall be operated so that
the injection-induced pressure in the injection zone(s)
does not exceed 90 percent of the fracture pressure of
the injection zone(s). This shall ensure that the
injection does not initiate new fractures or propagate
existing fractures in the injection zone. In no case may
injection pressure initiate fractures in the confining
zone(s) or cause the movement of injection or
formation fluids that endangers a USDW. Pursuant to
requirements at §603607.C.2.h, all stimulation
programs must be approved by the commissioner as
part of the permit application and incorporated into
the permit.
Text is similar, with no impact on
stringency. Recommend making
“injection zone” potentially plural
(i.e., “injection zone(s)”).
August 2020 review: revision
addresses the above comment. No
concerns for stringency.
598
40 CFR 146.88(b)
Injection between the outermost casing protecting
USDWs and the well bore is prohibited.
§623621.A.2
2. Injection between the outermost casing
protecting USDWs and the wellbore is prohibited.
Recommend referring to USDWs
(plural) to be inclusive of all
USDWs at the site.
August 2020 review: revision
addresses the above comment.
599
40 CFR 146.88(c)
The owner or operator must fill the annulus between the
tubing and the long string casing with a non-corrosive
fluid approved by the Director. The owner or operator
must maintain on the annulus a pressure that exceeds the
operating injection pressure, unless the Director
determines that such requirement might harm the
integrity of the well or endanger USDWs.
§623621.A.3
through
623621.A.4
3. The owner or operator must fill the annulus
between the tubing and the long string casing with a
non-corrosive fluid approved by the commissioner or
a fluid containing a corrosion inhibitor that is
approvedinhibitor approved by the commissioner.
4. Annulus Pressure. The owner or operator
shall maintain a tubing-casing annulus pressure that
exceeds the operating injection pressure, unless the
commissioner determines that such requirement might
harm the integrity of the well or endanger a USDW. A
request to operate the well at a reduced annulus
pressure must be in writing and approved by the
commissioner.
§623621.A.4 provides additional
options compared to the federal
rule (“a non-corrosive fluid or a
fluid containing a corrosion
inhibitor” compared to “a non-
corrosive fluid”) and does not
specify that the fluid must be
approved by the commissioner.
Compared to the federal rule,
§623621.A.4 includes additional
specific requirements that any
request to operate the well at a
reduced annulus pressure must be
in writing and approved by the
commissioner.
The option of a fluid containing a
corrosion inhibitor is appropriate.
(Note that LA notes of the
difference imply that the non-
corrosive fluid does not need to be
approved by the commissioner;
however the rule requires
approval; EPA recommends this
remain.)
August 2020 review: revision
addresses the above comment;
state provision is similar to CFR.
No concerns for stringency.
Docket No. IMD-2021-02; Page 235 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 135
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
600
40 CFR 146.88(d)
Other than during periods of well workover
(maintenance) approved by the Director in which the
sealed tubing-casing annulus is disassembled for
maintenance or corrective procedures, the owner or
operator must maintain mechanical integrity of the
injection well at all times.
§623621.A.5
5. The owner or operator must maintain
mechanical integrity of the injection well at all times,
except when doing well workovers, well maintenance,
or well remedial work approved by the commissioner.
While the language at
§623621.A.5 is not verbatim to 40
CFR 146.88(d), the intent of the
federal rule is preserved; that
being maintaining internal well
mechanical integrity at all times,
except during well maintenance
operations.
Reviewed; no issues found.
601
40 CFR 146.88(e)
The owner or operator must install and use:
§623621.A.6
6. Continuous recording devices shall be
installed, used, and maintained in proper working
order for each well.
While the language at
§623621.A.6 is not verbatim to 40
CFR 146.88(e), the intent of the
federal rule is preserved; that
being, requiring the permittee to
install and use the devices listed in
the subsequent section.
Reviewed; no issues found.
602
40 CFR
146.88(e)(1)
Continuous recording devices to monitor: the injection
pressure; the rate, volume and/or mass, and temperature
of the carbon dioxide stream; and the pressure on the
annulus between the tubing and the long string casing
and annulus fluid volume; and
§623621.A.6.a
through
623621.A.6.a.i
v
a. continuous recording devices shall monitor:
i. surface injection or bottom-hole
pressure;
ii. flow rate, volume and/or mass,
and temperature of the carbon dioxide stream;
iii. tubing-casing annulus pressure
and annulus fluid volume;
iv. any other data specified by the
commissioner.
§623621.A.6.a through
623621.A.6.a.iv include additional
specific requirements compared to
the federal rule. §623621.A.6.a.i
allows monitoring of “surface
injection or bottom-hole pressure”
while 40 CFR 146.88(e)(1) only
includes “injection pressure.”
Reviewed; no issues found.
603
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§623621.A.6.b
b. continuous recordings may shall consist of
mechanical charts or digital recordings. Mechanical
charts shall not exceed a clock period of 24-hour
duration. The chart shall be selected such that its
scaling is of sufficient sensitivity to record all
fluctuations of pressure or any other parameter being
monitored. The chart shall be scaled such that the
parameter being recorded is 30 percent to 70 percent
of full scale. Instruments shall be weatherproof or
housed in weatherproof enclosures when located in
areas exposed to climatic conditions.
Language has been added at
§623621.A.6.b to specify the
state’s regulations for continuous
recording devices.
Reviewed; no issues found.
August 2020 review: revised
provision has no CFR equivalent.
No concerns for stringency.
604
40 CFR
146.88(e)(2)
Alarms and automatic surface shut-off systems or, at the
discretion of the Director, down-hole shut-off systems
(e.g., automatic shut-off, check valves) for onshore
wells or, other mechanical devices that provide
equivalent protection; and
§623621.A.7.a.
i
i. for onshore wells, alarms and automatic
surface shut-off valves or—at the discretion of the
commissioner—down-hole shut-off systems (e.g.,
automatic shut-off, check valves) or, other mechanical
devices that provide equivalent protection; and
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 236 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 136
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
605
40 CFR
146.88(e)(3)
Alarms and automatic down-hole shut-off systems for
wells located offshore but within State territorial waters,
designed to alert the operator and shut-in the well when
operating parameters such as annulus pressure, injection
rate, or other parameters diverge beyond permitted
ranges and/or gradients specified in the permit.
§623621.A.7.a.
ii
ii. for offshore wells, alarms and automatic
down-hole shut-off systems designed to alert the
operator and shut-in the well when operating
parameters such as annulus pressure, injection rate, or
other parameters diverge beyond permitted ranges or
gradients specified in the permit.
Text is similar, with no impact on
stringency.
606
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§623621.A.7.a.
iii
iii. all alarms must be integrated with any
automatic shutdown system.
The following language has been
added at §623621.A.7.a.iii to
specify additional state
regulations regarding alarms: all
alarms must be integrated with
any automatic shutdown system.
Reviewed; no issues found.
607
40 CFR 146.88(f)
If a shutdown (i.e., down-hole or at the surface) is
triggered or a loss of mechanical integrity is discovered,
the owner or operator must immediately investigate and
identify as expeditiously as possible the cause of the
shutoff. If, upon such investigation, the well appears to
be lacking mechanical integrity, or if monitoring
required under paragraph (e) of this section otherwise
indicates that the well may be lacking mechanical
integrity, the owner or operator must:
§623621.A.7.b
b. If a shutdown (i.e., down-hole or at the
surface) is triggered or a loss of mechanical integrity
is discovered, the owner or operator must immediately
investigate and identify as expeditiously as possible
the cause of the shutoff. If, upon such investigation,
the well is lacking mechanical integrity, or if
monitored well parameters indicate that the well may
be lacking mechanical integrity, the owner or operator
must:
The struck-out text of 40 CFR
146.88(f) will be replaced with,
“the well is lacking mechanical
integrity, or if monitored well
parameters indicate.” This text
only includes situations in which
“the well is lacking mechanical
integrity” instead of situations in
which “the well appears to be
lacking mechanical integrity”
(emphasis added) as in the federal
rule. However, the second part of
that sentence (“or if monitored
well parameters indicate...”)
accounts for scenarios of apparent
loss of mechanical integrity.
Reviewed; no issues found.
608
40 CFR 146.88(f)(1)
Immediately cease injection;
§623621.A.7.b.
i
i. immediately cease injection;
Text is identical.
609
40 CFR 146.88(f)(2)
Take all steps reasonably necessary to determine
whether there may have been a release of the injected
carbon dioxide stream or formation fluids into any
unauthorized zone;
§623621.A.7.b.
ii
ii. take all steps reasonably necessary to
determine whether there may have been a release of
the injected carbon dioxide stream or formation fluids
into any unauthorized zone;
Text is identical.
610
40 CFR 146.88(f)(3)
Notify the Director within 24 hours;
§623621.A.7.b.
iii
iii. notify the commissioner within 24 hours;
Text is identical.
611
40 CFR 146.88(f)(4)
Restore and demonstrate mechanical integrity to the
satisfaction of the Director prior to resuming injection;
and
§623621.A.7.b.
iv
iv. restore and demonstrate mechanical
integrity to the satisfaction of the commissioner prior
to resuming injection; and
Text is identical.
Docket No. IMD-2021-02; Page 237 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 137
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
612
40 CFR 146.88(f)(5)
Notify the Director when injection can be expected to
resume.
§623621.A.7.b.
v
v. notify the commissioner when injection can
be expected to resume.
Text is identical.
613
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§623621.A.7.c
c. All emergency shutdown systems shall be
fail-safe. The operator shall function-test all critical
systems of control and safety at least once every six
months. This includes testing of alarms, test tripping
of emergency shutdown valves ensuring their closure
times are within design specifications, and ensuring
the integrity of all electrical, pneumatic, and hydraulic
circuits. Test dates and results shall be documented
and be available for inspection by an agent of the
Office of Conservation.
Additional language has been
added at §623621.A.7.c to specify
additional state regulations
regarding testing for components
of emergency shutdown systems.
Reviewed; no issues found.
614
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§623621.A.8
through
623621.A.8.b
8. Wellhead Identification and Protection
a. A protective barrier shall be installed and
maintained around the wellheads, piping, and above
ground structures that may be vulnerable to physical
or accidental damage by mobile equipment or
trespassers.
b. An identifying sign shall be placed at the
wellhead of each injection well and shall include at a
minimum the operator’s name, well name and
number, well serial number, section-township-range,
and any other information required by the
commissioner. The sign shall be of durable
construction with all lettering kept in a legible
condition.
Additional language has been
added at §623621.A.8 to specify
additional state regulations
regarding wellhead identification
and protection.
Reviewed; no issues found.
615
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§623621.A.9
9. Well Workovers. No well remedial work,
well maintenance or repair, well or injection
formation stimulation, well plug and abandonment or
temporary abandonment, any other test of the
injection well conducted by the permittee, or well
work of any kind, shall be done without prior written
authorization from the commissioner. The operator
shall submit a work permit request form (Form UIC-
17 or successor) to seek well work authorization.
Additional language has been
added at §623621.A.8 to require
operators to seek well work
authorization before undertaking
any type of well work.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 238 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 138
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
616
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§623621.A.10
10. Pressure gauges that show pressure on the
injection tubing and tubing-casing annulus shall be
installed at each wellhead. Gauges shall be designed
to read in increments of 10 PSIG. All gauges shall be
properly calibrated and be maintained in good
working order. The pressure valves onto which the
pressure gauges are affixed shall have one-half inch
female fittings.
Additional language has been
added at §623621.A.10 to specify
requirements for pressure gauges
and pressure valves.
Reviewed; no issues found.
40 CFR 146.89 Mechanical integrity
617
40 CFR 146.89(a)
A Class VI well has mechanical integrity if:
§623627.A.1
1. A Class VI well has mechanical integrity if:
Text is identical.
Citation added in review.
618
40 CFR
146.89(a)(1)
There is no significant leak in the casing, tubing, or
packer; and
§623627.A.1.a
a. there is no significant leak in the casing,
tubing, or packer; and
Text is identical.
619
40 CFR
146.89(a)(2)
There is no significant fluid movement into a USDW
through channels adjacent to the injection well bore.
§623627.A.1.b
b. there is no significant fluid movement into a
USDW through channels adjacent to the injection
wellbore.
Text is identical.
620
40 CFR 146.89(b)
To evaluate the absence of significant leaks under
paragraph (a)(1) of this section, owners or operators
must, following an initial annulus pressure test,
continuously monitor injection pressure, rate, injected
volumes; pressure on the annulus between tubing and
long-string casing; and annulus fluid volume as
specified in 40 CFR 146.88 (e);
§623627.A.2
through
623627.A.2.b
2. To evaluate the absence of significant leaks,
owners or operators must:
a. perform an annulus pressure test:
i. after initial well construction or
conversion as part of the pre-operating requirements;
ii. at least once every 12 months
witnessed by an agent of the Office of Conservation;
and
iii. after performing any well
remedial work that involves unseating the tubing or
packer.
b. continuously monitor injection pressure,
rate, injected volumes; pressure on the annulus
between tubing and long-string casing; and annulus
fluid volume as specified in §623621.A.6.
§623627.A.2.a includes more
stringent requirements regarding
annulus pressure tests compared
to the federal rule, specifically
requiring that an annulus pressure
test be conducted after initial well
construction or conversion as part
of the pre-operating requirements;
at least once every 12 months
witnessed by an agent of the
Office of Conservation; and after
performing any well remedial
work that involves unseating the
tubing or packer.
Reviewed; no issues found.
621
40 CFR 146.89(c)
At least once per year, the owner or operator must use
one of the following methods to determine the absence
of significant fluid movement under paragraph (a)(2) of
this section:
§623627.A.3
3. At least once every 12 months, use one of
the following methods to determine the absence of
significant fluid movement:
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 239 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 139
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
622
40 CFR
146.89(c)(1)
An approved tracer survey such as an oxygen-activation
log; or
§623627.A.3.a
a. an approved tracer-type survey such as a
radioactive tracer, oxygen-activation log, or similar
tool; or
§623627.A.3.a includes examples
of alternative tracer type surveys
that provide equivalent
information to oxygen-activation
logging.
Reviewed; no issues found.
623
40 CFR
146.89(c)(2)
A temperature or noise log.
§623627.A.3.b
b. a temperature or noise log.
Text is identical.
624
40 CFR 146.89(d)
If required by the Director, at a frequency specified in
the testing and monitoring plan required at 40 CFR
146.90, the owner or operator must run a casing
inspection log to determine the presence or absence of
corrosion in the long-string casing.
§623627.A.4
4. If required by the commissioner, run a
casing inspection log at a frequency specified in the
testing and monitoring plan at §623625 to determine
the presence or absence of corrosion in the long-string
casing.
Text is similar, with no impact on
stringency.
625
40 CFR 146.89(e)
The Director may require any other test to evaluate
mechanical integrity under paragraphs (a)(1) or (a)(2) of
this section. Also, the Director may allow the use of a
test to demonstrate mechanical integrity other than those
listed above with the written approval of the
Administrator. To obtain approval for a new mechanical
integrity test, the Director must submit a written request
to the Administrator setting forth the proposed test and
all technical data supporting its use. The Administrator
may approve the request if he or she determines that it
will reliably demonstrate the mechanical integrity of
wells for which its use is proposed. Any alternate
method approved by the Administrator will be published
in the Federal Register and may be used in all States in
accordance with applicable State law unless its use is
restricted at the time of approval by the Administrator.
§623627.A.5
through
623627.A.5.a
5. The commissioner may require other tests to
evaluate well mechanical integrity.
a. The commissioner may allow the use of a
test to demonstrate mechanical integrity other than
those listed above with written approval of the
USEPA. To obtain approval for the use of a new
mechanical integrity test, the owner or operator must
submit a written request to the commissioner with
details of the proposed test and all technical data
supporting its use, and the commissioner will submit a
written request to the USEPA.
The struck-out text of 40 CFR
146.89(e) will not be adopted as it
pertains to federal actions.
In addition to the text at 40 CFR
146.89(e), the following language
has been added at §623627.A.5.a:
and the commissioner will submit
a written request to the USEPA.
Reviewed; no issues found.
626
40 CFR 146.89(f)
In conducting and evaluating the tests enumerated in
this section or others to be allowed by the Director, the
owner or operator and the Director must apply methods
and standards generally accepted in the industry. When
the owner or operator reports the results of mechanical
integrity tests to the Director, he/she shall include a
description of the test(s) and the method(s) used. In
making his/her evaluation, the Director must review
monitoring and other test data submitted since the
previous evaluation.
§623627.A.6
6. In conducting and evaluating the tests
enumerated in this section to be allowed by the
commissioner, the owner or operator and the
commissioner must apply methods and standards
generally accepted in the industry. When the owner or
operator reports the results of mechanical integrity
tests to the commissioner, a description of the test(s)
and the method(s) used must be included. In making
the evaluation, the commissioner must review
monitoring and other test data submitted since the
previous evaluation.
The state rule text omits “In
making his/her evaluation, the
Director must review monitoring
and other test data submitted since
the previous evaluation.” EPA
may wish to ensure appropriate
evaluation procedures as part of
the primacy application review.
August 2020 review: revision
addresses the above comment;
state provision is similar to CFR.
No concerns for stringency.
Docket No. IMD-2021-02; Page 240 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 140
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
623627
40 CFR 146.89(g)
The Director may require additional or alternative tests
if the results presented by the owner or operator under
paragraphs (a) through (d) of this section are not
satisfactory to the Director to demonstrate that there is
no significant leak in the casing, tubing, or packer, or to
demonstrate that there is no significant movement of
fluid into a USDW resulting from the injection activity
as stated in paragraphs (a)(1) and (2) of this section.
§623627.A.7
7. The commissioner may require additional or
alternative tests if the mechanical integrity test results
presented are not satisfactory to the commissioner to
demonstrate that there is no significant leak in the
casing, tubing, or packer, or to demonstrate that there
is no significant movement of fluid into a USDW
resulting from the injection activity.
Text is similar, with no impact on
stringency.
Citation corrected in review.
40 CFR 146.90 Testing and monitoring requirements.
628
40 CFR 146.90
The owner or operator of a Class VI well must prepare,
maintain, and comply with a testing and monitoring plan
to verify that the geologic sequestration project is
operating as permitted and is not endangering USDWs.
The requirement to maintain and implement an
approved plan is directly enforceable regardless of
whether the requirement is a condition of the permit.
The testing and monitoring plan must be submitted with
the permit application, for Director approval, and must
include a description of how the owner or operator will
meet the requirements of this section, including
accessing sites for all necessary monitoring and testing
during the life of the project. Testing and monitoring
associated with geologic sequestration projects must, at
a minimum, include:
§623625.A
A. Testing and Monitoring Requirements. The
owner or operator of a Class VI well must prepare,
maintain, and comply with a testing and monitoring
plan to verify that the geologic sequestration project is
operating as permitted and is not endangering
USDWs. The requirement to maintain and implement
an approved plan is directly enforceable regardless of
whether the requirement is a condition of the permit.
The testing and monitoring plan must be included
with the permit application and must include a
description of how the owner or operator will meet
these requirements—including accessing sites for all
necessary monitoring and testing during the life of the
project. Testing and monitoring associated with
geologic sequestration projects must include, at a
minimum:
Text is similar, with no impact on
stringency.
629
40 CFR 146.90(a)
Analysis of the carbon dioxide stream with sufficient
frequency to yield data representative of its chemical
and physical characteristics;
§623625.A.1
1. analysis of the carbon dioxide stream with
sufficient frequency to yield data representative of its
chemical and physical characteristics;
Text is identical.
630
40 CFR 146.90(b)
Installation and use, except during well workovers as
defined in 40 CFR 146.88(d), of continuous recording
devices to monitor injection pressure, rate, and volume;
the pressure on the annulus between the tubing and the
long string casing; and the annulus fluid volume added;
§623625.A.2
2. installation and use of continuous recording
devices to monitor injection pressure, rate, and
volume; the pressure on the tubing-casing annulus;
and the annulus fluid volume added. Continuous
monitoring is not required during well workovers as
defined in §623621.A.5;
While the language at
§623625.A.2 is not verbatim to 40
CFR 146.90(b), the intent of the
federal rule is preserved; that
being, installation and use of
continuous recording equipment
will be required except during
well workovers.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 241 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 141
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
631
40 CFR 146.90(c)
Corrosion monitoring of the well materials for loss of
mass, thickness, cracking, pitting, and other signs of
corrosion, which must be performed on a quarterly basis
to ensure that the well components meet the minimum
standards for material strength and performance set
forth in 40 CFR 146.86(b), by:
§623625.A.3
3. corrosion monitoring of the well materials
for loss of mass, thickness, cracking, pitting, and other
signs of corrosion, which must be performed on a
quarterly basis to ensure that the well components
meet the minimum standards for material strength and
performance set forth in §613617.A.2, by:
Text is similar, with no impact on
stringency.
632
40 CFR
146.90(c)(1)
Analyzing coupons of the well construction materials
placed in contact with the carbon dioxide stream; or
§623625.A.3.a
a. analyzing coupons of the well construction
materials placed in contact with the carbon dioxide
stream; or
Text is identical.
633
40 CFR
146.90(c)(2)
Routing the carbon dioxide stream through a loop
constructed with the material used in the well and
inspecting the materials in the loop; or
§623625.A.3.b
b. routing the carbon dioxide stream through a
loop constructed with the material used in the well
and inspecting the materials in the loop; or
Text is identical.
634
40 CFR
146.90(c)(3)
Using an alternative method approved by the Director;
§623625.A.3.c
c. using an alternative method approved by the
commissioner;
Text is identical.
635
40 CFR 146.90(d)
Periodic monitoring of the ground water quality and
geochemical changes above the confining zone(s) that
may be a result of carbon dioxide movement through the
confining zone(s) or additional identified zones
including:
§623625.A.4
4. periodic monitoring of the ground water
quality and geochemical changes above the confining
zone(s) that may be a result of carbon dioxide
movement through the confining zone(s) or additional
identified zones including:
Text is identical.
636
40 CFR
146.90(d)(1)
The location and number of monitoring wells based on
specific information about the geologic sequestration
project, including injection rate and volume, geology,
the presence of artificial penetrations, and other factors;
and
§623625.A.4.a
a. the location and number of monitoring wells
based on specific information about the geologic
sequestration project, including injection rate and
volume, geology, the presence of artificial
penetrations, and other factors; and
Text is identical.
637
40 CFR
146.90(d)(2)
The monitoring frequency and spatial distribution of
monitoring wells based on baseline geochemical data
that has been collected under 40 CFR 146.82(a)(6) and
on any modeling results in the area of review evaluation
required by 40 CFR 146.84(c).
§623625.A.4.b
b. the monitoring frequency and spatial
distribution of monitoring wells based on baseline
geochemical data that has been collected under
§603607.C.2.e and on any modeling results in the area
of review evaluation required by §613615.B.3.
Text is similar, with no impact on
stringency.
638
40 CFR 146.90(e)
A demonstration of external mechanical integrity
pursuant to 40 CFR 146.89(c) at least once per year
until the injection well is plugged; and, if required by
the Director, a casing inspection log pursuant to
requirements at 40 CFR 146.89(d) at a frequency
established in the testing and monitoring plan;
§623625.A.5
5. a demonstration of external mechanical
integrity pursuant to §623627.A.3 at least once every
12 months until the injection well is permanently
plugged and abandoned; and, if required by the
commissioner, a casing inspection log pursuant to
requirements at §623627.A.4 at a frequency
established in the testing and monitoring plan;
Text is similar, with no impact on
stringency.
639
40 CFR 146.90(f)
A pressure fall-off test at least once every five years
unless more frequent testing is required by the Director
based on site-specific information;
§623625.A.6
6. a pressure fall-off test at least once every
five years unless more frequent testing is required by
the commissioner based on site-specific information;
Text is identical.
Docket No. IMD-2021-02; Page 242 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 142
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
640
40 CFR 146.90(g)
Testing and monitoring to track the extent of the carbon
dioxide plume and the presence or absence of elevated
pressure (e.g., the pressure front) by using:
§623625.A.7
7. testing and monitoring to track the extent of
the carbon dioxide plume and the presence or absence
of elevated pressure (e.g., the pressure front) by using:
Text is identical.
641
40 CFR
146.90(g)(1)
Direct methods in the injection zone(s); and,
§623625.A.7.a
a. direct methods in the injection zone(s); and
Text is identical.
642
40 CFR
146.90(g)(2)
Indirect methods (e.g., seismic, electrical, gravity, or
electromagnetic surveys and/or down-hole carbon
dioxide detection tools), unless the Director determines,
based on site-specific geology, that such methods are
not appropriate;
§623625.A.7.a
b. indirect methods (e.g., seismic, electrical,
gravity, or electromagnetic surveys and/or down-hole
carbon dioxide detection tools), unless the
commissioner determines that such methods are not
appropriate, based on site-specific geology;
Text is similar, with no impact on
stringency.
643
40 CFR 146.90(h)
The Director may require surface air monitoring and/or
soil gas monitoring to detect movement of carbon
dioxide that could endanger a USDW.
§623625.A.8
8. The commissioner may require surface air
monitoring and/or soil gas monitoring to detect
movement of carbon dioxide that could endanger a
USDW.
Text is identical.
644
40 CFR
146.90(h)(1)
Design of Class VI surface air and/or soil gas
monitoring must be based on potential risks to USDWs
within the area of review;
§623625.A.8.a
a. Design of Class VI surface air and/or soil
gas monitoring must be based on potential risks to
USDWs within the area of review;
Text is identical.
645
40 CFR
146.90(h)(2)
The monitoring frequency and spatial distribution of
surface air monitoring and/or soil gas monitoring must
be decided using baseline data, and the monitoring plan
must describe how the proposed monitoring will yield
useful information on the area of review delineation
and/or compliance with standards under 40 CFR 144.12;
§623625.A.8.b
b. The monitoring frequency and spatial
distribution of surface air monitoring and/or soil gas
monitoring must be decided using baseline data, and
the monitoring plan must describe how the proposed
monitoring will yield useful information on the area of
review delineation and/or compliance with standards
under §603603 .D;
Text is similar, with no impact on
stringency.
646
40 CFR
146.90(h)(3)
If an owner or operator demonstrates that monitoring
employed under 40 CFR 98.440 to 98.449 of this
chapter (Clean Air Act, 42 U.S.C. 7401 et seq.)
accomplishes the goals of (h)(1) and (2) of this section,
and meets the requirements pursuant to 40 CFR
146.91(c)(5), a Director that requires surface air/soil gas
monitoring must approve the use of monitoring
employed under 98.440 to 98.449 of this chapter.
Compliance with 40 CFR 98.440 to 98.449 of this
chapter pursuant to this provision is considered a
condition of the Class VI permit;
§623625.A.8.c
c. If an owner or operator demonstrates that
monitoring employed under 40 CFR §§98.440 to
98.449 accomplishes the goals of §§623625.A.8.a.
and b., and meets the requirements pursuant to
§623629.A.3.e1.c.v, a regulatory agency that requires
surface air/soil gas monitoring must approve the use
of monitoring employed under 40 CFR §§98.440 to
98.449. Compliance with 40 CFR §§98.440 to 98.449
pursuant to this provision is considered a condition of
the Class VI permit;
Text is similar, with no impact on
stringency.
August 2020 review: minor
revision presents no concerns for
stringency.
647
40 CFR 146.90(i)
Any additional monitoring, as required by the Director,
necessary to support, upgrade, and improve
computational modeling of the area of review evaluation
required under 40 CFR 146.84(c) and to determine
compliance with standards under 40 CFR 144.12;
§623625.A.9
9. Any additional monitoring, as required by
the commissioner, necessary to support, upgrade, and
improve computational modeling of the area of review
evaluation required under §613615.B.3 and to
determine compliance with standards under §613619;
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 243 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 143
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
648
40 CFR 146.90(j)
The owner or operator shall periodically review the
testing and monitoring plan to incorporate monitoring
data collected under this subpart, operational data
collected under 40 CFR 146.88, and the most recent
area of review reevaluation performed under 40 CFR
146.84(e). In no case shall the owner or operator review
the testing and monitoring plan less often than once
every five years. Based on this review, the owner or
operator shall submit an amended testing and
monitoring plan or demonstrate to the Director that no
amendment to the testing and monitoring plan is needed.
Any amendments to the testing and monitoring plan
must be approved by the Director, must be incorporated
into the permit, and are subject to the permit
modification requirements at 40 CFR 144.39 or 144.41,
as appropriate. Amended plans or demonstrations shall
be submitted to the Director as follows:
§623625.A.10
10. The owner or operator shall periodically
review the testing and monitoring plan to incorporate
monitoring data collected under §623625, operational
data collected under §623621, and the most recent
area of review reevaluation performed under
§613615.C.2. In no case shall the owner or operator
review the testing and monitoring plan less often than
once every five years. Based on this review, the owner
or operator shall submit an amended testing and
monitoring plan or demonstrate to the commissioner
that no amendment to the testing and monitoring plan
is needed. Any amendments to the testing and
monitoring plan must be approved by the
commissioner, must be incorporated into the permit,
and are subject to the permit modification
requirements at §613613, as appropriate. Amended
plans or demonstrations shall be submitted to the
commissioner as follows:
Text is similar, with no impact on
stringency.
649
40 CFR 146.90(j)(1)
Within one year of an area of review reevaluation;
§623625.A.10.
a
a. within 12 months of an area of review
reevaluation;
Text is similar, with no impact on
stringency.
650
40 CFR 146.90(j)(2)
Following any significant changes to the facility, such
as addition of monitoring wells or newly permitted
injection wells within the area of review, on a schedule
determined by the Director; or
§623625.A.10.
b
b. following any significant changes to the
facility, such as addition of monitoring wells or newly
permitted injection wells within the area of review, on
a schedule determined by the commissioner; or
Text is identical.
651
40 CFR 146.90(j)(3)
When required by the Director.
§623625.A.10.
c
c. when required by the commissioner.
Text is identical.
652
40 CFR 146.90(k)
A quality assurance and surveillance plan for all testing
and monitoring requirements.
§623625.A.11
11. a quality assurance and surveillance plan for
all testing and monitoring requirements.
Text is identical.
40 CFR 146.91 Reporting requirements.
653
40 CFR 146.91
The owner or operator must, at a minimum, provide, as
specified in paragraph (e) of this section, the following
reports to the Director, for each permitted Class VI well:
§623629.A
A. Reporting Requirements. The owner or
operator must provide, at a minimum, the following
reports to the commissioner—and the USEPA as
specified in §623629.A.5—for each permitted Class
VI well:
Text is similar, with no impact on
stringency.
654
40 CFR 146.91(a)
Semi-annual reports containing:
§623629.A.1
1. Semi-annual reports containing:
Text is identical.
655
40 CFR
146.91(a)(1)
Any changes to the physical, chemical, and other
relevant characteristics of the carbon dioxide stream
from the proposed operating data;
§623629.A.1.a
a. any changes to the physical, chemical, and
other relevant characteristics of the carbon dioxide
stream from the proposed operating data;
Text is identical.
Docket No. IMD-2021-02; Page 244 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 144
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
656
40 CFR
146.91(a)(2)
Monthly average, maximum, and minimum values for
injection pressure, flow rate and volume, and annular
pressure;
§623629.A.1.b
b. monthly average, maximum, and minimum
values for injection pressure, flow rate and volume,
and annular pressure;
Text is identical.
657
40 CFR
146.91(a)(3)
A description of any event that exceeds operating
parameters for annulus pressure or injection pressure
specified in the permit;
§623629.A.1.c
c. a description of any event that exceeds
operating parameters for annulus pressure or injection
pressure specified in the permit;
Text is identical.
658
40 CFR
146.91(a)(4)
A description of any event which triggers a shut-off
device required pursuant to 40 CFR 146.88(e) and the
response taken;
§623629.A.1.d
d. a description of any event which triggers a
shut-off device required by §623621 and the response
taken;
Text is similar, with no impact on
stringency.
659
40 CFR
146.91(a)(5)
The monthly volume and/or mass of the carbon dioxide
stream injected over the reporting period and the
volume injected cumulatively over the life of the
project;
§623629.A.1.e
e. the monthly volume and/or mass of the
carbon dioxide stream injected over the reporting
period and the volume injected cumulatively over the
life of the project;
Text is identical.
660
40 CFR
146.91(a)(6)
Monthly annulus fluid volume added; and
§623629.A.1.f
f. monthly annulus fluid volume added; and
Text is identical.
661
40 CFR
146.91(a)(7)
The results of monitoring prescribed under 40 CFR
146.90.
§623629.A.1.g
g. the results of monitoring prescribed under
§623625; and.
Text is similar, with no impact on
stringency.
663
40 CFR 146.91(b)
Report, within 30 days, the results of:
§623629.A.2
2. Report, within 30 days or as specified by
permit, the results of:
Text is similar, with no impact on
stringency.
664
40 CFR
146.91(b)(1)
Periodic tests of mechanical integrity;
§623629.A.2.a
a. periodic tests of mechanical integrity;
Text is identical.
665
40 CFR
146.91(b)(2)
Any well workover; and,
§623629.A.2.b
b. any well workover; and
Text is identical.
666
40 CFR
146.91(b)(3)
Any other test of the injection well conducted by the
permittee if required by the Director.
§623629.A.2.c
c. any other test of the injection well
conducted by the permittee if required by the
commissioner.
Text is identical.
667
40 CFR 146.91(c)
Report, within 24 hours:
§623629.A.3
3. Report, within 24 hours:
Text is identical.
668
40 CFR
146.91(c)(1)
Any evidence that the injected carbon dioxide stream or
associated pressure front may cause an endangerment to
a USDW;
§623629.A.3.a
a. any evidence that the injected carbon
dioxide stream or associated pressure front may cause
an endangerment to a USDW;
Text is identical.
669
40 CFR
146.91(c)(2)
Any noncompliance with a permit condition, or
malfunction of the injection system, which may cause
fluid migration into or between USDWs;
§623629.A.3.b
b. any noncompliance with a permit condition,
or malfunction of the injection system, which may
cause fluid migration into or between USDWs;
Text is identical.
670
40 CFR
146.91(c)(3)
Any triggering of a shut-off system (i.e., down-hole or
at the surface);
§623629.A.3.c
c. any triggering of a shut-off system (i.e.,
down-hole or at the surface);
Text is identical.
671
40 CFR
146.91(c)(4)
Any failure to maintain mechanical integrity; or.
§623629.A.3.d
d. any failure to maintain mechanical integrity;
or
Text is identical.
Docket No. IMD-2021-02; Page 245 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 145
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
672
40 CFR
146.91(c)(5)
Pursuant to compliance with the requirement at 40 CFR
146.90(h) for surface air/soil gas monitoring or other
monitoring technologies, if required by the Director, any
release of carbon dioxide to the atmosphere or
biosphere.
§623629.A.3.e
e. any release of carbon dioxide to the
atmosphere or biosphere pursuant to compliance with
the requirement at §623625.A.8 for surface air/soil
gas monitoring or other monitoring technologies, if
required by the commissioner.
Text is similar, with no impact on
stringency.
673
40 CFR 146.91(d)
Owners or operators must notify the Director in writing
30 days in advance of:
§623629.A.4
4. Owners or operators must notify the
commissioner in writing in advance of doing any well
work or formation testing as required in §623621.A.9.
While the language at
§623629.A.4 is not verbatim to 40
CFR 146.91(d), the intent of the
federal rule is preserved: that
being, prior notification by the
well operator of a scheduled field
action.
§623629.A.4 also includes more
stringent requirements compared
to the federal rules, in that
advance written notice will be
required for any field work or
formation testing.
The state’s ability to address
notices within this shorter time
frame will be addressed in the
Program Description of the
primacy application. The Program
Description will also include a
description of the work permit
request form (Form UIC-17 or
successor form) that must be
approved by UIC staff prior to
start of work per §3621.A.9And
per §621.A.9, written notice must
be submitted as a work permit
request form (Form UIC-17 or
successor) to seek well work
authorization.
EPA may wish to ensure during
the primacy application review
that the state has sufficient time to
address activities with shorter
notification timeframes than the
CFR.
August 2020 review: clarification
is noted; no concerns for
stringency (this will be addressed
in the primacy review).
674
40 CFR
146.91(d)(1)
Any planned well workover;
§623629.A.4
4. Owners or operators must notify the
commissioner in writing in advance of doing any well
work or formation testing as required in §623621.A.9.
A planned well workover is
accounted for in language at
§623629.A.4 requiring advance
written notice for any well work
or formation testing.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 246 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 146
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
675
40 CFR
146.91(d)(2)
Any planned stimulation activities, other than
stimulation for formation testing conducted under 40
CFR 146.82; and
§623629.A.4
4. Owners or operators must notify the
commissioner in writing in advance of doing any well
work or formation testing as required in §623621.A.9.
A planned well workover is
accounted for in language at
§623629.A.4 requiring advance
written notice for any well work
or formation testing.
Reviewed; no issues found.
676
40 CFR
146.91(d)(3)
Any other planned test of the injection well conducted
by the permittee.
§623629.A.4
4. Owners or operators must notify the
commissioner in writing in advance of doing any well
work or formation testing as required in §623621.A.9.
A planned well workover is
accounted for in language at
§623629.A.4 requiring advance
written notice for any well work
or formation testing.
Reviewed; no issues found.
677
40 CFR 146.91(e)
Regardless of whether a State has primary enforcement
responsibility, owners or operators must submit all
required reports, submittals, and notifications under
subpart H of this part to EPA in an electronic format
approved by EPA.
§623629.A.5
5. Regardless of whether the State of
Louisiana has primary permit and enforcement
authority (primacy) for Class VI wells, owners or
operators of Class VI wells, or applicants for Class VI
wells must submit all required submittals, reports, and
notifications under §§603605, §603607, §613615,
§613617, §613619, §623621, §623623, §623625,
§623627, §623629, and §6313631, and §6333633§ to
the USEPA in an electronic format approved by the
USEPA.
Text is similar, with no impact on
stringency.
August 2020 review: minor
revisions; no concerns for
stringency.
678
40 CFR 146.91(f)
Records shall be retained by the owner or operator as
follows:
§623629.A.6
6. Records shall be retained by the owner or
operator as follows:
Text is identical.
679
40 CFR 146.91(f)(1)
All data collected under 40 CFR 146.82 for Class VI
permit applications shall be retained throughout the life
of the geologic sequestration project and for 10 years
following site closure.
§623629.A.6.a
a. all data collected for Class VI permit
applications in §§603607 and §613619 shall be
retained throughout the life of the geologic
sequestration project and at least 10 years following
site closure.
Text is similar, with no impact on
stringency.
August 2020 review: minor
revisions; no concerns for
stringency.
680
40 CFR 146.91(f)(2)
Data on the nature and composition of all injected fluids
collected pursuant to 40 CFR 146.90(a) shall be retained
until 10 years after site closure. The Director may
require the owner or operator to deliver the records to
the Director at the conclusion of the retention period.
§623629.A.6.b
b. data on the nature and composition of all
injected fluids collected under §623625.A.1 shall be
retained at least 10 years after site closure. The
commissioner may require the owner or operator to
deliver the records to the commissioner at the
conclusion of the retention period.
§623629.A.6.b through
623629.A.6.e include more
stringent requirements than the
federal rule, specifically with
language stating that records,
reports, and data shall be retained
at least 10 years after site closure.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 247 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 147
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
681
40 CFR 146.91(f)(3)
Monitoring data collected pursuant to 40 CFR 146.90(b)
through (i) shall be retained for 10 years after it is
collected.
§623629.A.6.c
c. monitoring data collected under
§§623625.A.2 through §623625.A.9 shall be retained
at least 10 years after it is collected.
See above.
Reviewed; no issues found.
August 2020 review: minor
revisions; no concerns for
stringency.
682
40 CFR 146.91(f)(4)
Well plugging reports, post-injection site care data,
including, if appropriate, data and information used to
develop the demonstration of the alternative post-
injection site care timeframe, and the site closure report
collected pursuant to requirements at 40 CFR 146.93(f)
and (h) shall be retained for 10 years following site
closure.
§623629.A.6.d
d. well plugging reports, post-injection site
care data, including, if appropriate, data and
information used to develop the demonstration of the
alternative post-injection site care timeframe, and the
site closure report collected pursuant to requirements
at §§6333633.A.6 and §6333633.A.8 shall be
retained at least 10 years following site closure.
See above.
Reviewed; no issues found.
August 2020 review: minor
revisions; no concerns for
stringency.
683
40 CFR 146.91(f)(5)
The Director has authority to require the owner or
operator to retain any records required in this subpart for
longer than 10 years after site closure.
§623629.A.6.e
e. The commissioner may require the owner or
operator to retain any records required under these
regulations for longer than 10 years after site closure.
See above.
Text is similar, with no impact on
stringency.
684
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§3629.B
B. Recordkeeping. Owners or operators of
Class VI wells shall retain records as specified in
§§3615.C.4, 3629.A.4, 3631.A.5, 3633.A.6, and
3633.A.8.
Refers to the retention of records
related to AOR modeling inputs
and data used to support area of
review reevaluations; data and
reports enumerated in the previous
subsection (§3629.A.6); well
closure; site closure; and any
records gathered during the post-
injection site care period for at
least 10 years following site
closure.
August 2020 review: added text
has no CFR equivalent. No
concerns for stringency.
40 CFR 146.92 Injection well plugging.
685
40 CFR 146.92(a)
Prior to the well plugging, the owner or operator must
flush each Class VI injection well with a buffer fluid,
determine bottomhole reservoir pressure, and perform a
final external mechanical integrity test.
§6313631.A.2
2. Before well plugging, the owner or operator
must flush each Class VI well with a buffer fluid,
determine bottomhole reservoir pressure, and perform
a final external mechanical integrity test.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 248 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 148
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
686
40 CFR 146.92(b)
Well Plugging Plan. The owner or operator of a Class
VI well must prepare, maintain, and comply with a plan
that is acceptable to the Director. The requirement to
maintain and implement an approved plan is directly
enforceable regardless of whether the requirement is a
condition of the permit. The well plugging plan must be
submitted as part of the permit application and must
include the following information:
§6313631.A.3
3. Well Plugging Plan. The owner or operator
of a Class VI well must prepare, maintain, and comply
with a plan acceptable to the commissioner. The
requirement to maintain and implement an approved
plan is directly enforceable regardless of whether the
requirement is a condition of the permit. The well
plugging plan must be submitted as part of the permit
application, must be designed in a way that will
prevent the movement of fluids into or between
USDWs or outside the injection zone, and must
include the following minimum information:
In addition to the text at 40 CFR
146.92(b), the following
emphasized language has been
added at §6313631.A.3: must be
designed in a way that will
prevent the movement of fluids
into or between USDWs or
outside the injection zone…
Reviewed; no issues found.
687
40 CFR
146.92(b)(1)
Appropriate tests or measures for determining
bottomhole reservoir pressure;
§6313631.A.3.
a
a. appropriate tests or measures for
determining bottomhole reservoir pressure;
Text is identical.
688
40 CFR
146.92(b)(2)
Appropriate testing methods to ensure external
mechanical integrity as specified in 40 CFR 146.89;
§6313631.A.3.
b
b. appropriate testing methods to ensure
external mechanical integrity as specified in §623627;
Text is similar, with no impact on
stringency.
689
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§6313631.A.3.
c
c. a description of the size and amount of
casing, tubing, or any other well construction
materials to be removed from the well before well
closure;
Reviewed; no issues found.
690
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§6313631.A.3.
d
d. that prior to the placement of plugs, the well
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;
Reviewed; no issues found.
691
40 CFR
146.92(b)(3)
The type and number of plugs to be used;
§6313631.A.3.
e
e. the type and number of plugs to be used;
Text is identical.
692
40 CFR
146.92(b)(4)
The placement of each plug, including the elevation of
the top and bottom of each plug;
§6313631.A.3.f
f. the placement of each plug, including the
elevation of the top and bottom of each plug;
Text is identical.
693
40 CFR
146.92(b)(5)
The type, grade, and quantity of material to be used in
plugging. The material must be compatible with the
carbon dioxide stream; and
§6313631.A.3.
g
g. the type, grade, yield, and quantity of
material, such as cement, to be used in plugging. The
material must be compatible with the carbon dioxide
stream;
In addition to the text at 40 CFR
146.92(b)(5), the following
emphasized language has been
added at §3631.A.3.g: yield and
such as cement.
Text adds “yield” and “such as
cement;” no impact on stringency.
August 2020 review: no concerns
for stringency.
694
40 CFR
146.92(b)(6)
The method of placement of the plugs.
§6313631.A.3.
h
h. the method of placement of the plugs;
Text is identical.
695
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§6313631.A.3.i
i. pre-closure and proposed post-closure well
schematics;
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 249 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 149
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
696
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§6313631.A.3.j
j. that each plug shall be appropriately tagged
and tested for seal and stability;
Reviewed; no issues found.
697
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§6313631.A.3.
k
k. that the well casings shall be cut at least five
feet below ground surface for land-based wells, and at
least 15 feet below the mud line for wells at a water
location.
Reviewed; no issues found.
698
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§6313631.A.3.l
l. that upon successful completion of well
closure of a land-based well, a one-half (½) inch steel
plate shall be welded across all casings and inscribed
with the well’s state serial number and date plugged
and abandoned, and
Reviewed; no issues found.
699
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§6313631.A.3.
m
m. any addition information that the
commissioner may require.
Reviewed; no issues found.
Docket No. IMD-2021-02; Page 250 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 150
March 2020 (Revised February 2021)
700
40 CFR 146.92(c)
Notice of intent to plug. The owner or operator must
notify the Director in writing pursuant to 40 CFR
146.91(e), at least 60 day60 days before plugging of a
well. At this time, if any changes have been made to the
original well plugging plan, the owner or operator must
also provide the revised well plugging plan. The
Director may allow for a shorter notice period. Any
amendments to the injection well plugging plan must be
approved by the Director, must be incorporated into the
permit, and are subject to the permit modification
requirements at 40 CFR 144.39 or 144.41, as
appropriate.
§6313631.A.4
4. Notice of Intent to Plug. The owner or
operator must submit the Form UIC-17, or successor
form, to the commissioner and receive written
approval from the commissioner before beginning
actual well plugging operations. The form must
contain information on the procedures to be used in
the field to plug and abandon the well.
While the language at
§6313631.A.4 is not verbatim to
40 CFR 146.92(c), the intent of
the federal rule is preserved: that
being, requiring written
notification from the well operator
prior to plugging of a well. As
accounted for by the language,
“The Director may allow for a
shorter notice period,” Louisiana
will not require a 60360 notice
period.
The state’s ability to address
notices within this shorter time
frame will be addressed in the
Program Description of the
primacy application. The Program
Description will also include a
description of the work permit
request form (Form UIC-17 or
successor form) that must be
approved by UIC staff prior to
start of well plugging operations.
§631.A.4 also includes more
stringent requirements compared
to the federal rules, in that written
notice must be submitted as a
work permit request form (Form
UIC-17 or successor) to seek well
work authorization. That the work
permit request form must, per
§6313631.A.4, contain
information on the procedures to
be used in the field to plug and
abandon the well is equivalent
language to the federal
requirement that any amendments
to the injection well plugging plan
must be approved by the Director,
must be incorporated into the
permit, and are subject to the
permit modification requirements
EPA may wish to ensure during
the primacy application review
that the state has sufficient time to
address activities with shorter
notification timeframes than the
CFR.
It is also unclear how changes to
the plugging plan would be
reported on Form UIC-17 (i.e.,
there are no requirements to
update Form UIC-17 or reference
it in the permit). Clarification is
needed.
August 2020 review: clarification
is noted; no concerns for
stringency (this will be addressed
in the primacy review).
Docket No. IMD-2021-02; Page 251 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 151
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
at 40 CFR 144.39 or 144.41, as
appropriate..
701
40 CFR 146.92(d)
Plugging report. Within 60 day60 days after plugging,
the owner or operator must submit, pursuant to 40 CFR
146.91(e), a plugging report to the Director. The report
must be certified as accurate by the owner or operator
and by the person who performed the plugging
operation (if other than the owner or operator.) The
owner or operator shall retain the well plugging report
for 10 years following site closure.
§6313631.A.5
5. Well Closure Report. The owner or operator
shall submit a closure report to the commissioner
within 30 days after well plug and abandonment. The
report shall be certified as accurate by the owner or
operator and by the person charged with overseeing
the closure operation (if other than the owner or
operator). The owner or operator shall retain the well
closure report at least 10 years following site closure.
The report shall contain the following information:
While the language at
§6313631.A.5 is not verbatim to
40 CFR 146.92(d), the intent of
the federal rule is preserved; that
being, requiring the submission of
a certified report after the well is
plugged. §6313631.A.5 describes
the referenced report as a well
closure report rather than a
plugging report as denoted in 40
CFR 146.92(d).
§6313631.A.5 also includes more
stringent requirements compared
to the federal rule, namely that a
closure report must be submitted
within 30 days after well plug and
abandonment and must adhere to
the requirements detailed in the
subsequent sections.
Reviewed; no issues found.
702
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§6313631.A.5.
a
a. detailed procedures of the closure operation.
Where actual closure differed from the approved plan,
the report shall include a written statement specifying
the differences between the previous plan and the
actual closure;
Reviewed; no issues found.
703
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§6313631.A.5.
b
b. all state regulatory reporting forms relating
to the closure activity; and
Reviewed; no issues found.
704
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§6313631.A.5.
c
c. any information pertinent to the closure
activity including schematics, tests, or monitoring
data.
Reviewed; no issues found.
40 CFR 146.93 Post-injection site care and site closure.
Docket No. IMD-2021-02; Page 252 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 152
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
705
40 CFR 146.93(a)
The owner or operator of a Class VI well must prepare,
maintain, and comply with a plan for post-injection site
care and site closure that meets the requirements of
paragraph (a)(2) of this section and is acceptable to the
Director. The requirement to maintain and implement an
approved plan is directly enforceable regardless of
whether the requirement is a condition of the permit.
§6333633.A.1
1. The owner or operator of a Class VI well
must prepare, maintain, and comply with a plan for
post-injection site care and site closure that meets the
requirements of §63333633.A.1.b and is acceptable to
the commissioner. The requirement to maintain and
implement an approved plan is directly enforceable
regardless of whether the requirement is a condition of
the permit.
Text is similar, with no impact on
stringency.
August 2020 review: minor
revisions; no concerns for
stringency.
706
40 CFR
146.93(a)(1)
The owner or operator must submit the post-injection
site care and site closure plan as a part of the permit
application to be approved by the Director.
§6333633.A.1.
a
a. The owner or operator must submit the post-
injection site care and site closure plan as a part of the
permit application.
Text is similar, with no impact on
stringency.
707
40 CFR
146.93(a)(2)
The post-injection site care and site closure plan must
include the following information:
§6333633.A.1.
b
b. The post-injection site care and site closure
plan must include the following information:
Text is identical.
708
40 CFR
146.93(a)(2)(i)
The pressure differential between pre-injection and
predicted post-injection pressures in the injection
zone(s);
§6333633.A.1.
b.i
i. the pressure differential between pre-
injection and predicted post-injection pressures in the
injection zone(s);
Text is identical.
709
40 CFR
146.93(a)(2)(ii)
The predicted position of the carbon dioxide plume and
associated pressure front at site closure as demonstrated
in the area of review evaluation required under 40 CFR
146.84(c)(1);
§6333633.A.1.
b.ii
ii. the predicted position of the carbon dioxide
plume and associated pressure front at site closure as
demonstrated in the area of review evaluation required
under §613615.B.3.a;
Text is similar, with no impact on
stringency.
710
40 CFR
146.93(a)(2)(iii)
A description of post-injection monitoring location,
methods, and proposed frequency;
§6333633.A.1.
b.iii
iii. a description of post-injection monitoring
location, methods, and proposed frequency;
Text is identical.
711
40 CFR
146.93(a)(2)(iv)
A proposed schedule for submitting post-injection site
care monitoring results to the Director pursuant to 40
CFR 146.91(e); and,
§6333633.A.1.
b.iv
iv. a proposed schedule for submitting post-
injection site care monitoring results to the
commissioner and to the the USEPA pursuant to
§623629.A.5; and,
In lieu of the struck out text, the
following emphasized language
has been added at §3633.A.1.b.iv:
the commissioner and to the
USEPA
Text refers to submitting results to
USEPA (i.e., to meet the
electronic reporting requirements);
LA should clarify that that the
commissioner will review post-
injection monitoring data.
August 2020 review: submitting
the post-injection monitoring data
to EPA is not needed (although if
it is submitted via the GSDT, it
would in effect be submitted to
EPA). It should be clear in the
primacy application that the state
will review monitoring data
throughout the injection and post-
injection phases.
Docket No. IMD-2021-02; Page 253 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 153
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
712
40 CFR
146.93(a)(2)(v)
The duration of the post-injection site care timeframe
and, if approved by the Director, the demonstration of
the alternative post-injection site care timeframe that
ensures non-endangerment of USDWs.
§6333633.A.1.
b.v
v. the duration of the post-injection site care
timeframe and, if approved by the commissioner, the
demonstration of the alternative post-injection site
care timeframe that ensures non-endangerment of
USDWs.
Text is identical.
713
40 CFR
146.93(a)(3)
Upon cessation of injection, owners or operators of
Class VI wells must either submit an amended post-
injection site care and site closure plan or demonstrate
to the Director through monitoring data and modeling
results that no amendment to the plan is needed. Any
amendments to the post-injection site care and site
closure plan must be approved by the Director, be
incorporated into the permit, and are subject to the
permit modification requirements at 40 CFR 144.39 or
144.41, as appropriate.
§6333633.A.1.
c
c. Upon cessation of injection, owners or
operators of Class VI wells must either submit an
amended post-injection site care and site closure plan
or demonstrate to the commissioner through
monitoring data and modeling results that no
amendment to the plan is needed. Any amendments to
the post-injection site care and site closure plan must
be approved by the commissioner, be incorporated
into the permit, and are subject to the permit
modification requirements at §613613, as appropriate.
Text is similar, with no impact on
stringency.
714
40 CFR
146.93(a)(4)
At any time during the life of the geologic sequestration
project, the owner or operator may modify and resubmit
the post-injection site care and site closure plan for the
Director’s approval within 30 days of such change.
§6333633.A.1.
d
d. At any time during the life of the geologic
sequestration project, the owner or operator may
modify and resubmit the post-injection site care and
site closure plan for the commissioner’s approval
within 30 days of such change.
Text is identical.
715
40 CFR 146.93(b)
The owner or operator shall monitor the site following
the cessation of injection to show the position of the
carbon dioxide plume and pressure front and
demonstrate that USDWs are not being endangered.
§6333633.A.2
2. The owner or operator shall monitor the site
following the cessation of injection to show the
position of the carbon dioxide plume and pressure
front and demonstrate that USDWs are not being
endangered.
Text is identical.
716
40 CFR
146.93(b)(1)
Following the cessation of injection, the owner or
operator shall continue to conduct monitoring as
specified in the Director-approved post-injection site
care and site closure plan for at least 50 years or for the
duration of the alternative timeframe approved by the
Director pursuant to requirements in paragraph (c) of
this section, unless he/she makes a demonstration under
(b)(2) of this section. The monitoring must continue
until the geologic sequestration project no longer poses
an endangerment to USDWs and the demonstration
under (b)(2) of this section is submitted and approved
by the Director.
§6333633.A.2.
a
a. Following the cessation of injection, the
owner or operator shall continue to conduct
monitoring as specified in the commissioner-approved
post-injection site care and site closure plan for at
least 50 years or for the duration of the alternative
timeframe approved by the commissioner pursuant to
requirements in §6333633.A.3, unless the owner or
operator makes a demonstration under
§6333633.A.2.b. The monitoring must continue until
the geologic sequestration project no longer poses an
endangerment to USDWs and the demonstration
under §6333633.A.2.b is submitted and approved by
the commissioner.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 254 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 154
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
717
40 CFR
146.93(b)(2)
If the owner or operator can demonstrate to the
satisfaction of the Director before 50 years or prior to
the end of the approved alternative timeframe based on
monitoring and other site-specific data, that the geologic
sequestration project no longer poses an endangerment
to USDWs, the Director may approve an amendment to
the post-injection site care and site closure plan to
reduce the frequency of monitoring or may authorize
site closure before the end of the 50-year period or prior
to the end of the approved alternative timeframe, where
he or she has substantial evidence that the geologic
sequestration project no longer poses a risk of
endangerment to USDWs.
§6333633.A.2.
b
b. If the owner or operator can demonstrate to
the satisfaction of the commissioner before 50 years
or prior to the end of the approved alternative
timeframe based on monitoring and other site-specific
data, that the geologic sequestration project no longer
poses an endangerment to USDWs, the commissioner
may approve an amendment to the post-injection site
care and site closure plan to reduce the frequency of
monitoring or may authorize site closure before the
end of the 50-year period or prior to the end of the
approved alternative timeframe, where the owner or
operator has substantial evidence that the geologic
sequestration project no longer poses a risk of
endangerment to USDWs.
Text is identical.
718
40 CFR
146.93(b)(3)
Prior to authorization for site closure, the owner or
operator must submit to the Director for review and
approval a demonstration, based on monitoring and
other site-specific data, that no additional monitoring is
needed to ensure that the geologic sequestration project
does not pose an endangerment to USDWs.
§6333633.A.2.
c
c. Prior to authorization for site closure, the
owner or operator must submit to the commissioner
for review and approval a demonstration, based on
monitoring and other site-specific data, that no
additional monitoring is needed to ensure that the
geologic sequestration project does not pose an
endangerment to USDWs.
Text is identical.
719
40 CFR
146.93(b)(4)
If the demonstration in paragraph (b)(3) of this section
cannot be made (i.e., additional monitoring is needed to
ensure that the geologic sequestration project does not
pose an endangerment to USDWs) at the end of the 50-
year period or at the end of the approved alternative
timeframe, or if the Director does not approve the
demonstration, the owner or operator must submit to the
Director a plan to continue post-injection site care until
a demonstration can be made and approved by the
Director.
§6333633.A.2.
d
d. If the demonstration in §6333633.A.2.c
cannot be made (i.e., additional monitoring is needed
to ensure that the geologic sequestration project does
not pose an endangerment to USDWs) at the end of
the 50-year period or at the end of the approved
alternative timeframe, or if the commissioner does not
approve the demonstration, the owner or operator
must submit to the commissioner a plan to continue
post-injection site care until a demonstration can be
made and approved by the commissioner.
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 255 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 155
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
720
40 CFR 146.93(c)
Demonstration of alternative post-injection site care
timeframe. At the Director’s discretion, the Director
may approve, in consultation with EPA, an alternative
post-injection site care timeframe other than the 50 year
default, if an owner or operator can demonstrate during
the permitting process that an alternative post-injection
site care timeframe is appropriate and ensures non-
endangerment of USDWs. The demonstration must be
based on significant, site-specific data and information
including all data and information collected pursuant to
40 CFR 146.82 and 146.83, and must contain substantial
evidence that the geologic sequestration project will no
longer pose a risk of endangerment to USDWs at the
end of the alternative post-injection site care timeframe.
§6333633.A.3
3. Demonstration of Alternative Post-Injection
Site Care Timeframe. The commissioner may
approve, in consultation with the USEPA, an
alternative post-injection site care timeframe other
than the 50-year default, if an owner or operator can
demonstrate during the permitting process that an
alternative post-injection site care timeframe is
appropriate and ensures non-endangerment of
USDWs. The demonstration must be based on
significant, site-specific data and information
including all data and information collected pursuant
to §603607 and §613615, and must contain substantial
evidence that the geologic sequestration project will
no longer pose a risk of endangerment to USDWs at
the end of the alternative post-injection site care
timeframe.
Text is similar, with no impact on
stringency.
721
40 CFR
146.93(c)(1)
A demonstration of an alternative post-injection site
care timeframe must include consideration and
documentation of:
§6333633.A.3.
a
a. A demonstration of an alternative post-
injection site care timeframe must include
consideration and documentation of:
Text is identical.
722
40 CFR
146.93(c)(1)(i)
The results of computational modeling performed
pursuant to delineation of the area of review under 40
CFR 146.84;
§6333633.A.3.
a.i
i. the results of computational modeling
performed pursuant to delineation of the area of
review under §613615.B and §613615.C;
Text is similar, with no impact on
stringency.
723
40 CFR
146.93(c)(1)(ii)
The predicted timeframe for pressure decline within the
injection zone, and any other zones, such that formation
fluids may not be forced into any USDWs; and/or the
timeframe for pressure decline to pre-injection
pressures;
§6333633.A.3.
a.ii
ii. the predicted timeframe for pressure decline
within the injection zone, and any other zones, such
that formation fluids may not be forced into any
USDWs; and/or the timeframe for pressure decline to
pre-injection pressures;
Text is identical.
724
40 CFR
146.93(c)(1)(iii)
The predicted rate of carbon dioxide plume migration
within the injection zone, and the predicted timeframe
for the cessation of migration;
§6333633.A.3.
a.iii
iii. the predicted rate of carbon dioxide plume
migration within the injection zone, and the predicted
timeframe for the cessation of migration;
Text is identical.
725
40 CFR
146.93(c)(1)(iv)
A description of the site-specific processes that will
result in carbon dioxide trapping including
immobilization by capillary trapping, dissolution, and
mineralization at the site;
§6333633.A.3.
a.iv
iv. a description of the site-specific processes
that will result in carbon dioxide trapping including
immobilization by capillary trapping, dissolution, and
mineralization at the site;
Text is identical.
726
40 CFR
146.93(c)(1)(v)
The predicted rate of carbon dioxide trapping in the
immobile capillary phase, dissolved phase, and/or
mineral phase;
§6333633.A.3.
a.v
v. the predicted rate of carbon dioxide trapping
in the immobile capillary phase, dissolved phase,
and/or mineral phase;
Text is identical.
Docket No. IMD-2021-02; Page 256 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 156
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
727
40 CFR
146.93(c)(1)(vi)
The results of laboratory analyses, research studies,
and/or field or site-specific studies to verify the
information required in paragraphs (iv) and (v) of this
section;
§6333633.A.3.
a.vi
vi. the results of laboratory analyses, research
studies, and/or field or site-specific studies to verify
the information required in clauses iv. and v. above;
Text is similar, with no impact on
stringency.
728
40 CFR
146.93(c)(1)(vii)
A characterization of the confining zone(s) including a
demonstration that it is free of transmissive faults,
fractures, and micro-fractures and of appropriate
thickness, permeability, and integrity to impede fluid
(e.g., carbon dioxide, formation fluids) movement;
§6333633.A.3.
a.vii
vii. a characterization of the confining zone(s)
including a demonstration that it is free of
transmissive faults, fractures, and micro-fractures and
of appropriate thickness, permeability, and integrity to
impede fluid (e.g., carbon dioxide, formation fluids)
movement;
Text is identical.
729
40 CFR
146.93(c)(1)(viii)
The presence of potential conduits for fluid movement
including planned injection wells and project
monitoring wells associated with the proposed geologic
sequestration project or any other projects in proximity
to the predicted/modeled, final extent of the carbon
dioxide plume and area of elevated pressure;
§6333633.A.3.
a.viii
viii. the presence of potential conduits for fluid
movement including planned injection wells and
project monitoring wells associated with the proposed
geologic sequestration project or any other projects in
proximity to the predicted/modeled, final extent of the
carbon dioxide plume and area of elevated pressure;
Text is identical.
730
40 CFR
146.93(c)(1)(ix)
A description of the well construction and an
assessment of the quality of plugs of all abandoned
wells within the area of review;
§6333633.A.3.
a.ix
ix. a description of the well construction and an
assessment of the quality of plugs of all abandoned
wells within the area of review;
Text is identical.
731
40 CFR
146.93(c)(1)(x)
The distance between the injection zone and the nearest
USDWs above and/or below the injection zone; and
§6333633.A.3.
a.x
x. the distance between the injection zone and
the nearest USDW above the injection zone; and
The struck-out text of 40 CFR
146.93(c)(1)(x) will not be
adopted.
Text removes “or below” (because
waivers are not allowed); no
impact on stringency.
August 2020 review: no concerns
for stringency.
732
40 CFR
146.93(c)(1)(xi)
Any additional site-specific factors required by the
Director.
§6333633.A.3.
a.xi
xi. any additional site-specific factors required
by the commissioner.
Text is identical.
733
40 CFR
146.93(c)(2)
Information submitted to support the demonstration in
paragraph (c)(1) of this section must meet the following
criteria:
§6333633.A.3.
b
b. Information submitted to support the
demonstration in §6333633.A.3.a must meet the
following criteria:
Text is similar, with no impact on
stringency.
734
40 CFR
146.93(c)(2)(i)
All analyses and tests performed to support the
demonstration must be accurate, reproducible, and
performed in accordance with the established quality
assurance standards;
§6333633.A.3.
b.i
i. all analyses and tests performed to support
the demonstration must be accurate, reproducible, and
performed in accordance with the established quality
assurance standards;
Text is identical.
735
40 CFR
146.93(c)(2)(ii)
Estimation techniques must be appropriate and EPA-
certified test protocols must be used where available;
§6333633.A.3.
b.ii
ii. estimation techniques must be appropriate
and USEPA-certified test protocols must be used
where available;
Text is similar, with no impact on
stringency.
Docket No. IMD-2021-02; Page 257 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 157
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
736
40 CFR
146.93(c)(2)(iii)
Predictive models must be appropriate and tailored to
the site conditions, composition of the carbon dioxide
stream and injection and site conditions over the life of
the geologic sequestration project;
§6333633.A.3.
b.iii
iii. predictive models must be appropriate and
tailored to the site conditions, composition of the
carbon dioxide stream and injection and site
conditions over the life of the geologic sequestration
project;
Text is identical.
737
40 CFR
146.93(c)(2)(iv)
Predictive models must be calibrated using existing
information (e.g., at Class I, Class II, or Class V
experimental technology well sites) where sufficient
data are available;
§6333633.A.3.
b.iv
iv. predictive models must be calibrated using
existing information (e.g., at Class I, Class II, or Class
V experimental technology well sites) where
sufficient data are available;
Text is identical.
738
40 CFR
146.93(c)(2)(v)
Reasonably conservative values and modeling
assumptions must be used and disclosed to the Director
whenever values are estimated on the basis of known,
historical information instead of site-specific
measurements;
§6333633.A.3.
b.v
v. reasonably conservative values and
modeling assumptions must be used and disclosed to
the commissioner whenever values are estimated on
the basis of known, historical information instead of
site-specific measurements;
Text is identical.
740
40 CFR
146.93(c)(2)(vi)
An analysis must be performed to identify and assess
aspects of the alternative post-injection site care
timeframe demonstration that contribute significantly to
uncertainty. The owner or operator must conduct
sensitivity analyses to determine the effect that
significant uncertainty may contribute to the modeling
demonstration.
§6333633.A.3.
b.vi
vi. an analysis must be performed to identify
and assess aspects of the alternative post-injection site
care timeframe demonstration that contribute
significantly to uncertainty. The owner or operator
must conduct sensitivity analyses to determine the
effect that significant uncertainty may contribute to
the modeling demonstration.
Text is identical.
741
40 CFR
146.93(c)(2)(vii)
An approved quality assurance and quality control plan
must address all aspects of the demonstration; and,
§6333633.A.3.
b.vii
vii. an approved quality assurance and quality
control plan must address all aspects of the
demonstration; and,
Text is identical.
742
40 CFR
146.93(c)(2)(viii)
Any additional criteria required by the Director.
§6333633.A.3.
b.viii
viii. any additional criteria required by the
commissioner.
Text is identical.
743
40 CFR 146.93(d)
Notice of intent for site closure. The owner or operator
must notify the Director in writing at least 120 days
before site closure. At this time, if any changes have
been made to the original post-injection site care and
site closure plan, the owner or operator must also
provide the revised plan. The Director may allow for a
shorter notice period.
§6333633.A.4
4. Notice of Intent for Site Closure. The owner
or operator must notify the commissioner in writing at
least 120 days before site closure. At this time, if any
changes have been made to the original post-injection
site care and site closure plan, the owner or operator
must also provide the revised plan. The commissioner
may allow for a shorter notice period.
Text is identical.
744
40 CFR 146.93(e)
After the Director has authorized site closure, the owner
or operator must plug all monitoring wells in a manner
which will not allow movement of injection or
formation fluids that endangers a USDW.
§6333633.A.5
5. After the commissioner has authorized site
closure, the owner or operator must plug all
monitoring wells in a manner which will not allow
movement of injection or formation fluids that
endangers a USDW.
Text is identical.
Docket No. IMD-2021-02; Page 258 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 158
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
745
40 CFR 146.93(f)
The owner or operator must submit a site closure report
to the Director within 90 days of site closure, which
must thereafter be retained at a location designated by
the Director for 10 years. The report must include:
§6333633.A.6
6. The owner or operator must submit a site
closure report to the commissioner within 90 days
after site closure, which must also be retained by the
owner or operator for at least 10 years. The report
must include:
Text is similar, with no impact on
stringency.
746
40 CFR 146.93(f)(1)
Documentation of appropriate injection and monitoring
well plugging as specified in 40 CFR 146.92 and
paragraph (e) of this section. The owner or operator
must provide a copy of a survey plat which has been
submitted to the local zoning authority designated by
the Director. The plat must indicate the location of the
injection well relative to permanently surveyed
benchmarks. The owner or operator must also submit a
copy of the plat to the Regional Administrator of the
appropriate EPA Regional Office;
§6333633.A.6.
a
a. documentation of appropriate injection and
monitoring well plugging as specified in §6313631
and §6333633.A.5. The owner or operator must
provide a copy of a survey plat which has been
submitted to the local zoning authority designated by
the commissioner. The plat must indicate the location
of the injection well relative to permanently surveyed
benchmarks. The owner or operator must also submit
a copy of the plat to the USEPA as in §623629.A.5;
Text is similar, with no impact on
stringency.
747
40 CFR 146.93(f)(2)
Documentation of appropriate notification and
information to such State, local and Tribal authorities
that have authority over drilling activities to enable such
State, local, and Tribal authorities to impose appropriate
conditions on subsequent drilling activities that may
penetrate the injection and confining zone(s); and
§6333633.A.6.
b
b. documentation of appropriate notification
and information to such State, local and Tribal
authorities that have authority over drilling activities
to enable such State, local, and Tribal authorities to
impose appropriate conditions on subsequent drilling
activities that may penetrate the injection and
confining zone(s); and
Text is identical.
748
40 CFR 146.93(f)(3)
Records reflecting the nature, composition, and volume
of the carbon dioxide stream.
§6333633.A.6.
c
c. records reflecting the nature, composition,
and volume of the carbon dioxide stream.
Text is identical.
749
40 CFR 146.93(g)
Each owner or operator of a Class VI injection well
must record a notation on the deed to the facility
property or any other document that is normally
examined during title search that will in perpetuity
provide any potential purchaser of the property the
following information:
§6333633.A.7
7. Each owner or operator of a Class VI
injection well must record a notation on the deed to
the facility property or any other document that is
normally examined during title search that will in
perpetuity provide any potential purchaser of the
property the following information:
Text is identical.
750
40 CFR
146.93(g)(1)
The fact that land has been used to sequester carbon
dioxide;
§6333633.A.7.
a
a. the fact that land has been used to sequester
carbon dioxide;
Text is identical.
751
40 CFR
146.93(g)(2)
The name of the State agency, local authority, and/or
Tribe with which the survey plat was filed, as well as
the address of the Environmental Protection Agency
Regional Office to which it was submitted; and
§6333633.A.7.
b
b. the name of the State agency, local
authority, and/or Tribe with which the survey plat was
filed, as well as the address of the USEPA Regional
Office to which it was submitted; and
Text is similar, with no impact on
stringency.
752
40 CFR
146.93(g)(3)
The volume of fluid injected, the injection zone or zones
into which it was injected, and the period over which
injection occurred.
§6333633.A.7.
c
c. the volume of fluid injected, the injection
zone or zones into which it was injected, and the
period over which injection occurred.
Text is identical.
Docket No. IMD-2021-02; Page 259 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 159
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
753
40 CFR 146.93(h)
The owner or operator must retain for 10 years
following site closure, records collected during the post-
injection site care period. The owner or operator must
deliver the records to the Director at the conclusion of
the retention period, and the records must thereafter be
retained at a location designated by the Director for that
purpose.
§6333633.A.8
8. The owner or operator must retain for at
least 10 years following site closure, records collected
during the post-injection site care period. The owner
or operator must deliver the records to the
commissioner at the conclusion of the retention
period, and the records must thereafter be retained in
a form and manner and at a location designated by
the commissioner.
In lieu of the struck-out language,
the following emphasized
language has been added: and the
records must thereafter be
retained in a form and manner
and at a location designated by
the commissioner.
The state rule does not specify that
“the records must thereafter be
retained at a location designated
by the Director for that purpose.”
LA should clarify (perhaps as part
of the primacy application review)
that such records will be retained.
August 2020 review: added text
addresses the above comment;
state provision is now similar to
CFR.
No Equivalent
Federal
Requirement
No Equivalent Federal Requirement
§3633.B
B. Certificate of Completion. The
commissioner shall not issue a certificate of
completion pursuant to R.S. 1109 unless the operator
has sufficient financial surety with the Office of
Conservation to adequately close the facility, plug all
existing wells, and provide for post-injection site care
and site closure.
40 CFR 146.94 Emergency and remedial response.
754
40 CFR 146.94(a)
As part of the permit application, the owner or operator
must provide the Director 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.
§623623.A.1
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.
Text is identical.
755
40 CFR 146.94(b)
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:
§623623.A.2
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:
Text is identical.
756
40 CFR
146.94(b)(1)
Immediately cease injection;
§623623.A.2.a
a. immediately cease injection;
Text is identical.
757
40 CFR
146.94(b)(2)
Take all steps reasonably necessary to identify and
characterize any release;
§623623.A.2.b
b. take all steps reasonably necessary to
identify and characterize any release;
Text is identical.
758
40 CFR
146.94(b)(3)
Notify the Director within 24 hours; and
§623623.A.2.c
c. notify the commissioner within 24 hours;
and
Text is identical.
Formatted: Font: Bold
Commented [LS30]: Updated. Moved to Closure and Post-
Closure from §609.C.6 per 10-01-20 EPA review
Docket No. IMD-2021-02; Page 260 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 160
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
759
40 CFR
146.94(b)(4)
Implement the emergency and remedial response plan
approved by the Director.
§623623.A.2.d
d. Implement the emergency and remedial
response plan approved by the commissioner.
Text is identical.
760
40 CFR 146.94(c)
The Director may allow the operator to resume injection
prior to remediation if the owner or operator
demonstrates that the injection operation will not
endanger USDWs.
§623623.A.3
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.
Text is identical.
761
40 CFR 146.94(d)
The owner or operator shall periodically review the
emergency and remedial response plan developed under
paragraph (a) of this section. In no case shall the owner
or operator review the emergency and remedial response
plan less often than 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 Director 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 Director, must be incorporated into the
permit, and are subject to the permit modification
requirements at 40 CFR 144.39 or 144.41, as
appropriate. Amended plans or demonstrations shall be
submitted to the Director as follows:
§623623.A.4
4. The owner or operator shall review the
emergency and remedial response plan developed
under §623623.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 §613613, as appropriate. Amended
plans or demonstrations shall be submitted to the
commissioner as follows:
Text is similar, with no impact on
stringency.
762
40 CFR
146.94(d)(1)
Within one year of an area of review reevaluation;
§623623.A.4.a
a. within one year of an area of review
reevaluation;
Text is identical.
763
40 CFR
146.94(d)(2)
Following any significant changes to the facility, such
as addition of injection or monitoring wells, on a
schedule determined by the Director; or
§623623.A.4.b
b. following any significant changes to the
facility, such as addition of injection or monitoring
wells, on a schedule determined by the commissioner;
or
Text omits “on a schedule
determined by the Director.”
Clarification is needed regarding
the due date of such revisions.
August 2020 review: added text
addresses the above comment;
state provision is now similar to
CFR.
764
40 CFR
146.94(d)(3)
When required by the Director.
§623623.A.4.c
c. when required by the commissioner.
Text is identical.
40 CFR 146.95 Class VI injection depth waiver requirements.
Docket No. IMD-2021-02; Page 261 of 263
* Section 145.11 does not specify that States must have legal authority to implement the highlighted provisions, but some of these provisions may be necessary to clarify State program requirements. Other highlighted provisions describe
applicable requirements if States choose to adopt “optional” program elements such as authorization by rule.
State of Louisiana Crosswalk – Class VI Primacy 161
March 2020 (Revised February 2021)
Code of Federal Regulations
Current Louisiana Statutes and Regulations
Difference
Cadmus/EPA Review
Line #
Federal Citation
CFR Text
LA Citation
LA Rule Text
765
40 CFR 146.95
This section sets forth information which an owner or
operator seeking a waiver of the Class VI injection
depth requirements must submit to the Director;
information the Director must consider in consultation
with all affected Public Water System Supervision
Directors; the procedure for Director – Regional
Administrator communication and waiver issuance; and
the additional requirements that apply to owners or
operators of Class VI wells granted a waiver of the
injection depth requirements.
N/A
Waivers of the injection depth
requirements for Class VI wells
will not be granted.
This does not affect stringency.
Docket No. IMD-2021-02; Page 262 of 263
State of Louisiana
Department of Natural Resources
Office of Conservation
Injection and Mining Division
Class VI USEPA Primacy Application
VIII. Public Comments on Primacy Application
Docket No. IMD-2021-02; Page 263 of 263
