In This Issue

Louisiana Department of Natural Resources Regulation Update for “Pipelines Transporting Carbon Dioxide”

On June 1, 2023, Louisiana Department of Natural Resources (La DNR) published new regulations updating Title 33 Part V (LR 49:909 (May 2023)) pertaining to pipelines that transport carbon dioxide. These updates included adding Section 93 to Chapter 301 with additional requirements for these pipelines, including items for vents, sensing devices, fail-safe control, and sources of power. In addition, §30125 was updated to expand the definition for these pipelines to include:

  • Any potential dangers to human beings and/or animals from the escaped material.
  • Bodily harm to any person resulting in one or more of the following:
    • Loss of consciousness.
    • Necessity to carry a person from the scene.
    • Necessity for medical treatment.
    • Disability which prevents the discharge of normal duties or the pursuit of normal duties beyond the day of the accident.

§30167 was expanded to go beyond the requirements found in 49 CFR 195.111 to require piping systems to be analyzed for potential propagating fractures, and methods of limiting the extent of such fractures to be applied where warranted.

Chapter 302 now requires the location of each weighted pipe or other item connected to the pipe in pipelines carrying carbon dioxide be maintained as a construction record under §30266. This is above the requirements for records to be maintained in 49 CFR 195.266. In addition, Chapter 303 was updated to require these pipelines to be hydrostatically tested without leakage.

Lastly, Subpart 4 of Title 43 Part XI was updated with numerous changes including:

  • Requiring geologic sequestration projects to receive an order from the commissioner authorizing operations.
  • Updating the scope of the regulations to include carbon dioxide transported in a gaseous or non-supercritical state within the jurisdiction of Louisiana.
  • Revising the applicability of Chapters 39-49 to include an operator’s secondary or tertiary recovery project or geologic sequestration project and geologic sequestration project.
  • Updating the definition of “Line Section” in §3905.
  • Updating the requirements for reporting accidents on carbon dioxide pipelines in Chapter 43.
  • Updating the construction requirements for carbon dioxide pipelines found in Chapter 45.
  • Removing requirements for security and smoking or open flames in Chapter 49 while expanding requirements for public education on pipelines that carry carbon dioxide.