The LDEQ BEP ProcessThe LDEQ BEP ProcessThe LDEQ BEP ProcessThe LDEQ BEP Process

Jeffrey T. NolanJeffrey T. NolanLDEQ - Office of Environmental LDEQ - Office of Environmental

ComplianceCompliance

January 26, 2007January 26, 2007

Presentation to

The 2007 Statewide Clean Cities ConferenceThe 2007 Statewide Clean Cities Conference

BENEFICIAL ENVIRONMENTAL BENEFICIAL ENVIRONMENTAL PROJECTS: The BeginningPROJECTS: The Beginning

BEP History

• promulgated as the result of the Attorney General’s questions regarding the Department's authority to conduct settlements with BEPs.

• promulgated in the 1999 legislative session (La. R.S. 2050.7.E).

BEP History

• The Department prepared an emergency BEP regulation on March 10, 2000.

• The regulation became final on August 20, 2000 (LAC 33:I.Chapter 25).

BENEFICIAL ENVIRONMENTAL BENEFICIAL ENVIRONMENTAL PROJECTS: The RulePROJECTS: The Rule

BEP RULE

• The Department must submit an annual report to the Legislature regarding settlements with BEP components.

• All settlement agreements with BEPs are tracked to assure that the BEPs are implemented and completed.

BEP RULE• Although the Department will consider

BEPs in settlements of violations and penalties, not all settlements contain BEPs.

• BEPs are just a part of the settlements along with cash penalties.

• BEPs are not mandatory!!!!!!!

BEP RULE• BEP Categories - LAC 33:I.Chapter 25

– Public Health;– Pollution Prevention;– Pollution Reduction;– Environmental Restoration and Protection;– Assessment and Audits;– Environmental Compliance Promotion;– Emergency Planning, Preparedness, and

Response; and– Other Projects

BENEFICIAL ENVIRONMENTAL BENEFICIAL ENVIRONMENTAL PROJECTS: The ProcessPROJECTS: The Process

Settlement is Posted On DEQ Website and

Public Noticed (45 days)

Terms of the Settlement Are Negotiated (BEPs?)

Asst. Secretary Agreesto Terms

(Initial Approval)

Company Agreesto Terms

(Signs Settlement)

Violations Discoveredor Self-Disclosed

After 10 days, the Department may issue a Penalty Assessment

Company Proposes A Settlement

Violations Cited in a Formal Enforcement Action

(NOPP or CONOPP)

The LDEQ Settlement ProcessThe LDEQ Settlement Process

Settlement is Signed a second time by the Asst. Secretary

(Final Settlement)

Settlement is sent toAGs Office for

concurrence (90 days)

17

1638

9

35

12

47

14

0

10

20

30

40

50

60

70

2003 2004 2005 2006

AllOthers

Air

Proposed Settlements 2003-2006

27

6

42

5

41

6

60

1

0

10

20

30

40

50

60

70

2003 2004 2005 2006

Proposed Settlements 2003-2006

Settlementswith BEPs

Settlements

0

2

4

6

8

10

12

Millio

ns o

f D

ollars

Final Settlements 2003-2006

BEPValue

CashValue

BENEFICIAL ENVIRONMENTAL BENEFICIAL ENVIRONMENTAL PROJECTS: Closing ThoughtsPROJECTS: Closing Thoughts

CompanyCompany AmountAmount DateDate DescriptionDescription

Dow Chemical $1,400,000 07/24/03 eDMR project, Coastal Restoration, ozone awareness campaign,

Westlake Petrochemicals

$4,408,000 10/31/03 Equipment for local fire department and 7 pollution reduction projects at facility

Bollinger Shipyards

$8,224,000 07/01/04 Pollution prevention, compliance promotion, and money to LWRA

Conoco-Phillips $400,000 12/05/05 Household Hazardous Waste Collection Projects

Exxon-Mobil $1,700,000 12/13/05 Coastal Restoration Projects

Examples of BEPs

Advantages of BEP Funding

1)1) Funding is not limited.Funding is not limited.

2)2) Submitting a suggestion is easy.Submitting a suggestion is easy.

3)3) Improving the environment is the goal.Improving the environment is the goal.

Disadvantages of BEP Funding

1)1) Timing/SchedulingTiming/Scheduling

2)2) There is no BEP BANK!!!!!There is no BEP BANK!!!!!

3)3) Approval Process Approval Process

4)4) BEPs are not mandatory!!!!!BEPs are not mandatory!!!!!

5)5) Usually a one-time shotUsually a one-time shot

LDEQ BEP INFORMATION

http://www.deq.louisiana.gov/portal/tabid/2206/Default.aspx

SUGGEST A BEP http://www.deq.louisiana.gov/portal/tabid/2207/Default.aspx