Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XVII - Office of Conservation-Injection and Mining › Subpart 7 - Statewide Order No. 29-M-5 › Chapter 37 - Storage Wells in Solution-Mined Salt Dome Cavities › Section XVII-3703 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicability
1. These rules and regulations
				  shall apply to applicants, owners, or operators of any solution-mined salt
				  cavern to store hydrogen, carbon dioxide, nitrogen, ammonia, compressed air, or
				  noble (inert and nonreactive) gases whether liquid, liquefied, or
				  gaseous.
2. No project to develop
				  or use a salt dome in the state of Louisiana for the injection, storage and
				  withdrawal of liquid, liquefied, or gaseous substances shall be allowed until
				  the commissioner has issued an order following a public hearing after 30-day
				  notice, under the rules covering such matters, which order shall include the
				  following findings of fact:
a. that the area
				  of the salt dome sought to be used for the injection, storage, and withdrawal
				  of liquid, liquefied, or gaseous substances is suitable and feasible for such
				  use as to area, salt volume, depth and other physical
				  characteristics;
b. that the use of
				  the salt dome cavern for the storage of liquid, liquefied, or gaseous
				  substances will not contaminate other formations containing fresh water, oil,
				  gas, or other commercial mineral deposits, except salt;
c. that the proposed storage, including all
				  surface pits and surface storage facilities incidental thereto which are used
				  in connection with the salt dome cavern storage operation, will not endanger
				  lives or property and is environmentally compatible with existing uses of the
				  salt dome area, and which order shall provide that:
i. liquid, liquefied, or gaseous substances,
				  which are injected and stored in a solution-mined salt dome cavern, shall at
				  all times be deemed the property of the injector, his successors or assigns,
				  subject to the provisions of any contract with the affected land or mineral
				  owners; and
ii. in no event shall
				  the owner of the surface of the lands or water bottoms or of any mineral
				  interest under or adjacent to which the storage cavern may lie, or any other
				  person, be entitled to any right of claim in or to such liquid, liquefied, or
				  gaseous substances stored unless permitted by the injector;
d. that temporary loss of jobs
				  caused by the storage of liquid, liquefied, or gaseous substances will be
				  corrected by compensation, finding of new employment, or other provisions made
				  for displaced labor.
3.
				  That in presenting evidence to the commissioner to enable him to make the
				  findings described above, the applicant shall demonstrate that the proposed
				  storage of liquid, liquefied, or gaseous substances enumerated in
				  §3703.A.1 will be
				  conducted in a manner consistent with established practices to preserve the
				  integrity of the salt stock and the overlying sediments. This shall include an
				  assessment of the stability of the proposed cavern design, particularly with
				  regard to the size, shape and depth of the cavern, the amount of separation
				  among caverns, the amount of separation between the outermost cavern wall and
				  the periphery of the salt stock, and any other requirements of this
				  Rule.
4. That these regulations
				  shall apply to all liquid, liquefied, or gaseous solution-mined salt cavern
				  storage projects begun before October 1, 1976, as specified in
				  §3703.A 2, except for
				  the requirements under
				  §3707 and
				  §3711 A-H.
				  Any liquid, liquefied, or gaseous substance storage projects begun before
				  October 1, 1976 shall fulfill the requirements of
				  §3709.K within one
				  year of the effective date of these regulations.