1. The LDEQ BEP Process Jeffrey T. Nolan LDEQ - Office of Environmental Compliance January 26, 2007 Presentation to The 2007 Statewide Clean Cities Conference

2. BENEFICIAL ENVIRONMENTAL PROJECTS: The Beginning

3. 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).

4. 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).

5. BENEFICIAL ENVIRONMENTAL PROJECTS: The Rule

6. 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.

7. 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!!!!!!!

8. 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

9. BENEFICIAL ENVIRONMENTAL PROJECTS: The Process

10. 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)

11. Proposed Settlements 2003-2006

14. BENEFICIAL ENVIRONMENTAL PROJECTS: Closing Thoughts

15. CompanyAmountDateDescription Dow Chemical$1,400,00007/24/03eDMR project, Coastal Restoration, ozone awareness campaign, Westlake Petrochemicals $4,408,00010/31/03Equipment for local fire department and 7 pollution reduction projects at facility Bollinger Shipyards $8,224,00007/01/04Pollution prevention, compliance promotion, and money to LWRA Conoco-Phillips$400,00012/05/05Household Hazardous Waste Collection Projects Exxon-Mobil$1,700,00012/13/05Coastal Restoration Projects Examples of BEPs

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

17. Disadvantages of BEP Funding 1) Timing/Scheduling 2) There is no BEP BANK!!!!! 3) Approval Process 4) BEPs are not mandatory!!!!! 5) Usually a one-time shot

18. 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