40 CFR § 147.950 - State-administered program—Class I, II, III, IV, V and VI wells.
The UIC program for Class I, II, III, IV, and V wells in the State of Louisiana, except those wells on Indian lands, is the program administered by the Louisiana Department of Natural Resources approved by EPA pursuant to sections 1422 and 1425 of the SDWA. Notice of this approval was published in the Federal Register on April 23, 1982; the effective date of this program is March 23, 1982. The UIC Program for Class VI wells in Louisiana, except those located on Indian lands, is the program administered by the Louisiana Department of Natural Resources, approved by EPA pursuant to SDWA section 1422. The effective date of this program is February 5, 2024. The UIC program for Class I, II, III, IV, V, and VI wells in the State of Louisiana, except those located on Indian lands, consists of the following elements, as submitted to EPA in the State's program application and program revision application.
(a) Incorporation by reference. The requirements set forth in the state statutes and regulations approved by the EPA for including in “EPA-approved Louisiana SDWA § 1422 and § 1425 Underground Injection Control Program Statutes and Regulations for Well Classes I, II, III, IV, V, and VI, dated November 8, 2023, and listed in table 1 to this paragraph (a), are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Louisiana. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the State of Louisiana's statutes and regulations that are incorporated by reference may be inspected at the U.S. Environmental Protection Agency, Region VI Library, U.S. Environmental Protection Agency, 1201 Elm Street, Suite 500, Dallas, Texas 75270 and the U.S. Environmental Protection Agency, Water Docket, EPA Docket Center (EPA/DC), EPA WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20004. If you wish to obtain materials from the EPA Regional Office, please call (214) 665–7515, or from the EPA Headquarters Library, please call the Water Docket at (202) 566–2426. You may also view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov.
Table 1 to Paragraph (a)—EPA-Approved Louisiana SDWA Sec. 1422 and Sec. 1425 Underground Injection Control Program Statutes and Regulations for Well Classes I, II, III, IV, V, and VI
| State citation | Title/subject | State effective date | EPA approval date |
|---|---|---|---|
| Louisiana Revised Statutes Annotated §§ 30:1–30:24 | Minerals, Oil, and Gas and Environmental Quality | January 1, 1975, and Supp. 1982 | June 25, 1984. |
| Louisiana Administrative Code 43: XVII Chapter 1 (Statewide Order No. 29–N–1) | Underground Injection Control Program Regulations for Class I, III, IV, and V wells | February 20, 1982, as amended June 1, 1985 and January 20, 1986 | March 6, 1991. |
| Louisiana Administrative Code 43: XIX Chapters 1–6 (Statewide Order No. 29–B) | Statewide Order Governing the Drilling for and Producing of Oil and Gas in the State of Louisiana | August 26, 1974 as amended July 20, 1980, January 1 1981, February 20, 1982, May 20, 1983, May 20, 1984, and July 1 1985 | March 6, 1991. |
| Louisiana Administrative Code 43: XVII Chapter 3 (Statewide Order No. 29–M) | Hydrocarbon Storage Wells in Salt Dome Cavities | July 6, 1977, as amended October 2, 1978, June 8, 1979 | June 25, 1984. |
| Louisiana Revised Statutes Annotated §§ 30:1101–30:1112 | Louisiana Geologic Sequestration of Carbon dioxide Act | July 10, 2009 as amended June 14, 2023 | January 5, 2024, 89 FR 711. |
| Louisiana Administrative Code 43: XVII Chapter 36 (Statewide Order No. 29–N–6) | Class VI Injection Wells | January 20, 2021 | January 5, 2024, 89 FR 711. |
(1) Louisiana Revised Statutes Annotated sections 30:1–30:24 (1975 and Supp. 1982);
(2) Underground Injection Control Program Regulations for Class I, III, IV, and V wells, Statewide Order No. 29–N–1 (February 20, 1982), as amended June 1, 1985 and January 20, 1986;
(3)
(i) Statewide Order Governing the Drilling for and Producing of Oil and Gas in the State of Louisiana, Statewide Order No. 29–B (August 26, 1974) (Composite Order Incorporating Amendments through March 1, 1974);
(ii) Amendments to Statewide Order No. 29–B (Off-site Disposal of Drilling Mud and Salt Water Generated from Drilling and Production of Oil and Gas Wells) (effective July 20, 1980);
(iii) Amendment to Statewide Order No. 29–B (Amendment concerning the use of Tables 5A and 6A, etc.) (December 15, 1980, effective January 1, 1981);
(iv) Amendment to Statewide Order No. 29–B (Amendment concerning the underground injection control of saltwater disposal wells, enhanced recovery injection wells, and liquid hydrocarbon storage wells) (effective February 20, 1982);
(v) Amendment to Statewide Order No. 29–B (Amendment concerning the offsite disposal of drilling mud and saltwater) (effective May 20, 1983);
(vi) Amendment to Statewide Order No. 29–B (Amendment concerning disposal of nonhazardous oilfield waste) (March 20, 1984, effective May 20, 1984);
(vii) Amendment to Statewide Order No. 29–B (Amendment concerning the administrative approval of injectivity tests and pilot projects in order to determine the feasibility of proposed enhanced recovery projects) (June 20, 1985, effective July 1, 1985).
(4)
(i) Statewide Order adopting rules and regulations pertaining to the use of salt dome cavities (i.e., storage chambers) for storage of liquid and/or gaseous hydrocarbons, etc., Statewide Order No. 29–M (July 6, 1977, effective July 20, 1977);
(ii) Supplement to Statewide Order No. 29–M (October 2, 1978);
(iii) Second Supplement to Statewide Order No. 29–M (June 8, 1979).
(b) Memorandum of Agreement (MOA).
(1) The Memorandum of Agreement (Class I, III, IV, and V wells) between EPA Region VI and the Louisiana Department of Natural Resources, Office of Conservation, signed by the EPA Regional Administrator on March 17, 1982 and amended by Addendum 1 and Addendum 2 on November 3, 1989;
(2) The Memorandum of Agreement (Class II wells) between EPA Region VI and the Louisiana Department of Natural Resources, Office of Conservation, signed by the EPA Regional Administrator on March 17, 1982.
(3) Memorandum of Agreement Addendum 3 between the State of Louisiana and EPA, Region VI for the UIC Class VI Program, signed by the EPA Regional Administrator on March 3, 2023.
(4) Letter from Governor of Louisiana to Regional Administrator, EPA Region VI, March 4, 2021.
(c) Statement of legal authority.
(1) Letter from Attorney General of Louisiana to EPA, “Re: Louisiana Underground Injection Control Program Authorization for State of Louisiana” (Class I, III, IV and V Wells), January 13, 1982, (10 pages);
(2) Letter from Attorney General of Louisiana to EPA, “Re: Louisiana Underground Injection Control Program Authorization for State of Louisiana” (Class II Wells), January 13, 1982 (5 pages).
(3) Letter from Attorney General of Louisiana to EPA, “Re: Class I Hazardous Waste Injection Well Regulatory Program; Attorney General's Statement, October 9, 1989 (9 pages);
(4) Attorney General's Statement “Attorney General's Statement to Accompany Louisiana's Underground Injection Control Program Class VI Primacy Application,” signed by the Attorney General for the State of Louisiana, February 10, 2021.
(d) Program Description. The Program Description and any other materials submitted as part of the application or amendment thereto, and the Program Description and any other materials submitted as part of the program revision application or amendment thereto.