1. The LDEQ BEP Process CHERYL EASLEY LDEQ - Office of Environmental Compliance MARCH 28,2008 Presentation to The 2008 Statewide Clean Cities Coalition Conference

2. WHAT IS A BEP? BENEFICIAL ENVIRONMENTAL PROJECT (BEP) – a project that provides for environmental mitigation which the defendant/respondent is not otherwise legally required to perform, but which the defendant/respondent agrees to undertake as a component of a settlement of violation(s) or penalty assessment.

3. BENEFICIAL ENVIRONMENTAL PROJECTS: The Beginning

4. 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).

5. 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).

6. BENEFICIAL ENVIRONMENTAL PROJECTS: The Rule

7. 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.

8. 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!!!!!!!

9. 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

10. BENEFICIAL ENVIRONMENTAL PROJECTS: The Process

11. Settlement is Posted On DEQ Website and Public Noticed (45 days) Terms of the Settlement Are Negotiated (BEPs?) Asst. Secretary Agrees to Terms (Initial Approval) Company Agrees to Terms (Signs Settlement) Violations Discovered or 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 Process Settlement is Signed a second time by the Asst. Secretary (Final Settlement) Settlement is sent to AGs Office for concurrence (90 days)

12. Proposed Settlements 2003-2007

15. BENEFICIAL ENVIRONMENTAL PROJECTS: Closing Thoughts

16. CompanyAmountDateDescription CoCo Resources, Inc. $20,00010/30/06Donation of cleaning supplies to government agencies or parishes affected by either Hurricanes Katrina or Rita or parishes that are in need due to some other natural disaster. Enterprise Gas Processing, L.L.C. $25,0002/15/08Donation to St. Bernard Parish Government to assist in the repair of fire station # 10 in the Town of Verret. Lamp Recyclers of Louisiana, Inc. $43,056.708/21/07Provide labor and equipment to the American Red Cross to help transport materials within the state; provide services free of charge for household hazardous waste events; one time pick up of fluorescent lamps from the St. Tammany School Board. Examples of BEPs

17. Advantages of BEP Funding 1) Funding is not limited. 2) Submitting a suggestion is easy. 3) Improving the environment is the goal.

18. Disadvantages of BEP Funding 1) Timing/Scheduling 2) Approval Process 3) BEPs are not mandatory!!!!!

19. 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