MEMORANDUM OF AGREEMENT BETWEEN

THE STATE OF LOUISIANA

AND

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION VI

I. GENERAL

This Memorandum of Agreement (hereinafter "Agreement") establishes policies,

responsibilities, and procedures pursuant to 40 eFR 271.8 for the State of Louisiana's Hazardous

Waste program (Environmental Quality Act, La. R.S. 30:Subtitle II and Louisiana Administrative

Code, LAC 33:Part V Subpart I) (hereinafter "State program") authorized under Section 3006 of

the Resource Conservation and Recovery Act (hereinafter "ReRA" or "the Act") of 1976 (42

USC 6901 et seq.) as amended [Public Laws 94-580, 96-482, the Hazardous and Solid Waste

Amendments (HSWA) of 1984, Public Law 98-616], and the United States Enviromnental

Protection Agency Regional Office for Region VI (hereinafter EPA). This Agreement further

sets forth the manner in which the State and the EPA will coordinate in the State's administration

and enforcement ofthe State program and pending State authorization.

This Agreement is entered into by the Secretary of the Louisiana Department of

Environmental Quality (hereinafter "Secretary" or "the State" or "LDEQ") and the Regional

Administrator, EPA Region VI (hereinafter "Regional Administrator" or "EPA").

For administrative purposes, the Louisiana Department of Environmental Quality, Office

of the Secretary will serve as lead agency to simplify coordination of activities and

communication between the State and the EPA.

Nothing in this Agreement shall be construed to restrict in any way the EPA's authority to

fulfill its oversight and enforcement responsibilities under RCRA. Nothing in this Agreement

shall be construed to contravene any provision of 40 CFR Part 271.

The parties will review the Agreement jointly at least once a year (and other times as

appropriate) during preparation of the annual State grant work program or Perfonnance

Partnership Grant (hereinafter "Grant"), in connection with grant funding under Section 3011 of

RCRA.

This Agreement replaces the Agreement that was effective on February 12, 2009. This

Agreement may be modified upon the initiative of either party in order to ensure consistency with

State program modifications made or for any other purpose mutually agreed upon. Any revisions
or modifications to this Agreement must be in writing and must be signed by the State and the

Regional Administrator. This Agreement will remain in effect until such time as State program

authorization is withdrawn by or is voluntarily transferred to the EPA according to the criteria

and procedures established in 40 CFR 271.22 and 40 CFR 271.23. In the future EPA and LDEQ

will work together to amend the Addendum, "Combustion Workshare Agreement".

The State program is presently authorized for the following clusters referred to by the

EPA as Base Program, non-HSWA I through VI, HSWA I, HSWA II, and RCRA Clusters I

through XVII. The State is currently seeking authorization for RCRA Clusters XVIII. This

Agreement shall be executed by the State and the Regional Administrator and shall become

effective at the time the State's authorization takes effect, which shall be the date set out in the

Federal Register notice of the Regional Administrator's decision to grant authorization to the

State.

II. POLICY STATEMENT

The hazardous waste program has matured from both the national and the state

perspectives since the first state authorizations several years ago. This Agreement acknowledges

the natural progression in the regulatory process and the resulting shift in the State and EPA

roles. One of the primary purposes of this document is to clarify and delineate the respective

roles ofthe regulatory agencies.

This Agreement recognizes the pre-eminent role that the State has as the lead agency in

protecting human health and the environment in Louisiana. The EPA brings oversight and

enforcement capabilities 10 this collaborative environmental protection effort. Where possible,

with the limited exception of combustion risk evaluations, this Agreement encourages a shift by

the EPA to program-wide, limited after-the-fact reviews, rather than case-by-case intervention.

Each of the parties to this Agreement is responsible for ensuring that its obligations under

RCRA are met. Upon granting of final authorization by the EPA, the State assumes primary

responsibility for implementing the authorized provisions of the RCRA hazardous waste program

within its boundaries. The EPA retains its responsibility to ensure full and faithful execution of

the requirements of ReRA. The State and the Regional Administrator agree to maintain a high

level of cooperation and coordination between their respective staffs in a partnership to assure

successful and effective administration of the State program.

Section 3006(g) of RCRA provides that hazardous waste requirements and prohibitions

promulgated pursuant to HSWA are applicable in authorized States at the same time that they are

applicable in unauthorized States, with the exception of Section 3006(f) - Availability of

Information, which cannot be implemented by the EPA in authorized States. While the EPA

retains responsibility for the direct implementation of those provisions of HSWA that the State is

not authorized to implement, it is the intention of the EPA and the State to coordinate the

implementation ofsuch provisions to the greatest degree possible.

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The EPA will oversee implementation of the authorized State program in order to ensure

full execution of the requirements of RCRA, consistent with the Government Performance and

Results Act of 1993 (OPRA), to promote national consistency in implementation of the

hazardous waste program, to allow the EPA to report to the President and Congress on the

achievements of the hazardous waste program, and to encourage States and the EPA to agree on

desirable technical support and targets for joint effons to prevent and mitigate environmental

problems associated with the improper management of hazardous wastes. The EPA will

accomplish oversight primarily through, but not limited to, written reponing requirements and

annual review ofthe State's programs.

III. STATE PROGRAM REVIEW

A. General

Act 303 of the 1999 Louisiana Legislature enabled the reengineering of LDEQ

with the primary objective being to streamline the operations to be more efficient and effective in

meeting the needs of the customers and the citizens of Louisiana. Act 48 of the 2010 Regular

Session of the Louisiana Legislature eliminated the Office of Environmental Assessment. LDEQ

is now grouped into four (4) function-oriented offices with the following specific duties:

1. Office ofthe Secretary

The mission of the Office of the Secretary is to help the LDEQ fulfill its mission.

As the managerial branch of the LDEQ, the program will facilitate achievement of environmental

improvements by coordinating the other program offices' work to reduce quantity and toxicity of

emissions; representing the LDEQ when dealing with external agencies; providing legal counsel

to the LDEQ; communicating effectively with the public; and promoting initiatives that will

serve a broad environmental mandate.

2. Office of Management and Finance

The LDEQ's budget, personnel, contracts, and general operational duties are the

responsibility of the Office of Management and Finance, managed by the Undersecretary, who is

appointed by the Governor.

3. Office of Environmental Services

The mission of the Office of Environmental Services (DES) is to ensure that the

cItizens have a clean and healthy environment to live and work in for present and future

generations. This will be accomplished by regulating pollution through permitting activities

consistent with laws and regulations; providing interface between the LDEQ and businesses and

customers; and providing environmental assistance for and improved public participation to

small businesses, schools, and community/industrial relations. The pennining activity will

provide a single entry/contact point for permit submittals, technical guidance for permit

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applications, improved pennit tracking, and the ability to focus on applications with highest

potential for environmental impact.

4. Office of Environmental Compliance

The mission of the Office of Environmental Compliance (DEC) is to ensure the

public and occupational welfare of the people and environmental resources of Louisiana by

conducting inspections of pennined facilities and activities, responding to environmental

emergencies, and issuing sound enforcement actions. This program establishes a multi-media

compliance approach, creates a unifonn approach to compliance, and provides for execution and

timely resolution of enforcement activities. This office will also provide technical expertise to

other offices in the Department, and assess and remediate contamination in the environment.

This Office uses a unified approach that simplifies and clarifies the scope of the remediation

process, reduces review time and labor, and increases responsiveness and accountability to the

public and regulated community.

B. State and EPA Coordination

The Regional Administrator will assess the State administration and enforcement of the

Grant on a continuing basis for effectiveness, equivalency and consistency with ReRA and this

Agreement. This assessment will be accomplished by the EPA review of infonnation submitted

by the State in accordance with this Agreement, the Grant, and annual review of State program

activities.

The Regional Administrator may also consider, as part of this regular assessment, written

comments about the State's program administration and enforcement that are received from

regulated persons, the public, and Federal, State and local agencies. Copies of any such

comments received by the Regional Administrator will be provided to the State.

To ensure effective program review, the State agrees to allow the EPA access to all files

and other infonnation requested by the Regional Administrator or hislher designee and deemed

necessary by the EPA for reviewing State program administration and enforcerrent.

Review of the LDEQ files may be scheduled at quarterly intervals. Program review

meetings between the State and the Regional Administrator or their assignees will be scheduled

at reasonable intervals not less than annually to review specific operating procedures and

schedules, to resolve problems and to discuss mutual program concerns.

These meetings will be scheduled at least fifteen (15) days in advance unless agreed to

differently. The EPA will prepare a tentative agenda for the meeting.

C. Identification of Priority Activities

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The State and the EPA agree to develop criteria for priority activities annually as a pan of

the Grant. These priority activities will include activities regarding handlers of hazardous waste.

The criteria will be based on the Grant, guidance issued by the EPA in the annual ational

Program Manager guidance and Annual Commitment Process (NPM), the Addendum to this

Agreement and olher guidance documents as may be appropriate, and will serve 10 identify those

activities which should receive the highest priority during the grant period.

Examples of activities which will be considered high priority will include, but not be

limited to, facilities to be inspected, permit applications to be acted on and action concerning

facilities with known or suspected groundwater contamination.

IV. INFORMATION SHARING

A. General

In order to more fully address environmental concerns and to improve our ability to

measure the effect that the hazardous waste program has on the anainment of regulatory goals,

the State and the EPA agree to identify and reduce significant data gaps whenever possible. As

the national hazardous waste program matures, the respective roles and responsibilities in this

StatelFederal partnership will continue to evolve. During the annual review of this Agreement,

the State and the Regional Administrator will carefully examine the following sharing provisions

for needed revision.

B. EPA

1. The EPA \ViII keep the State informed of the content and meaning of

Federal statutes, regulations, guidelines, standards, policy decisions, directives, and any other

factors that affect the State program. The EPA will also provide general technical guidance to

the State. The EPA will share with the State any national reports developed by the EPA from the

data submitted through State reporting requirements.

2. The State and the EPA agree to the sharing of infonnation as specified in

the multi-year Grant.

3. EPA will make available to the State other relevant infonnation as

requested that the State needs to implement its approved program. Information provided to the

State will be subject to the tenns of 40 CFR Part 2.

4. The EPA agrees to make available to the State copies of any reports and

data resulting from compliance inspections within sixty (60) days of completion of the

inspections.

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5. The State and the EPA have agreed on procedures and responsibilities

regarding the Resource Conservation and Recovery Infonnation System (RCRA INFO) as

outlined in the RCRA Infonnation Management (RIM) Memorandum of Understanding (MOU).

The RIM MOU establishes Agreements between the State and the EPA regarding RCRA rNFO,

the Biennial Reporting System (BRS), records management, system security, dispute resolution

and grant incorporation. The State and the EPA have agreed to this MOU to bener manage and

share the infonnation contained in the system.

C. State

I. The State agrees to inform the Regional Administrator, in advance when

possible, of any proposed program changes that would affect the State's ability to implement the

authorized program. Program changes of concern include modification of the State's legal

authorities (i.e., statutes, regulations and judicial or legislative actions affecting those

authorities), modifications of Memoranda of Agreement or Understanding with other agencies,

and modifications of resource levels (i.e., available or budgeted personnel and funds). The State

recognizes that program revisions must be made in accordance with the provisions of 40 CFR

Part 271.21, and that until approved by the EPA, revisions are not authorized as ReRA Subtitle

C requirements. EPA agrees to support the State with timely review of proposed State

legislation that might have a significant potential to affect the authorized hazardous waste

program.

2. Through development of, but not limited to, the Grant, the EPA and the

State \vill agree on the type and frequency of reports the State will make in order for the EPA to

maintain oversight of the implementation of the State's authorized program, including:

a. compliance monitoring and enforcement information;

b. information indicating the status of the State's pennitting, closure, post·

closure, and groundwater monitoring and corrective action activities;

c. various reports designed to accurately describe the status of the Sta.te's

authorized program including biennial reports summarizing the quantities and types of hazardous

waste generated, transported, treated, stored and disposed in the State; and

d. State decisions to grant variances, waivers, and de·listing requests made

by hazardous waste handlers.

3. The State agrees to provide EPA \vith a copy of any decisions regarding

requests made by hazardous waste handlers to change their classifications (e.g., requests to be

deleted as generators but to retain facility status) and facility requests to make on-site changes

prior to pennit issuance (e.g., requests to handle additional wastes not identified on the facility'S

original notification and RCRA Part A Pennit Application.)

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4. The State agrees to provide the EPA with copies of reports on data

resulting from any compliance inspection and subsequent enforcement actions, when the EPA

requests such copies.

5. The State agrees to provide any pertinent information requested by the

Regional Administrator or hislher designee within a mutually agreed upon time frame, as

necessary for the EPA to carry out its oversight responsibilities. Unless othervlise agreed upon,

the above information shall be sent to Mr. Carl Edlund, Multimedia Planning and Permitting

Division, Director, U.S. Environmental Protection Agency. Region VI, 1445 Ross Avenue, Suite

1200, Dallas, Texas 75202.

D. Site Visits

The EPA is responsible for maintammg reliable national data on hazardous waste

management. This data is used to report to the President and Congress on the achievements of the

hazardous waste program and to support the EPA's regulatory development efforts. Whenever the

EPA determines that it needs to obtain certain information. the EPA will first seek to gain this

information from the States. The State agrees to supply the Regional Administrator with this

information if readily available and as resources allow. If the State is unable to provide the

information or if it is necessary to supplement the State information, the EPA may conduct a

special surveyor perform information collection site visits after notifying the State (normally with

at least seven days advance notice). The EPA will share with the State any national reports

developed by the EPA as a result ofsuch information collection.

E. Emergency Situations

Upon receipt of any information that the handling, storage. treatment, transportation, or

disposal of hazardous waste is endangering human health or the environment, the party in receipt

of such infonnation shall immediately notify by telephone the other party(ies) to this Agreement

of the existence of such situation. The Addendum to this Agreement identifies alternate people

for this notification.

LDEQ Contact: Peter Ricca, Environmental Scientist Manager

Emergency Response

225/342-1234 or 2251219-3700

EPA Contact: Mr. Carl Edlund, Director

Multimedia Planning and Permitting Division

214/665-7200

F. Confidentiality

I. Any information obtained or used in the administration of the State

program shall be available to the EPA upon request, as appropriate. If the information has been

submitted to the State under a claim of confidentiality, the State must submit that claim to the

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EPA when providing information. Any information obtained from a State and subject to a claim

of confidentiality will be treated in accordance with the regulations in 40 CFR Part 2.

2. The EPA agrees to furnish to the State information in its files that has not

been submitted under a claim of confidentiality and which the State needs to implement its

program. Subject to the conditions in 40 CFR Part 2, the EPA will furnish the State information

submitted to the EPA under a claim of confidentiality which the State needs to implement its

program. All infonnation that the EPA agrees to transfer to the State will be transferred in

accordance with the requirements of 40 eFR Part 2. The EPA will notify affected facilities when

such infonnation is sent to the State.

G. Notification

EPA and the State have jointly decided that the State will assign all EPA J.D.

numbers and enter all notification data into the national RCRA data management system

(currently ReRA INFO). If the applicant sends a notification form (8700·12 or equivalent)

directly to EPA, EPA will forward the form to the State for the assignment of an LD. number

within 30 days of receipt. If the State receives a notification form from EPA or from the

applicant, the State will assign an J.D. number to the applicant and inform the applicant of its

number.

H. RCR4. Data Management

1. The State agrees to use, maintain, and enter data into ReRA INFO.

2. The State is responsible for the correctness of the data it enters. The State

will timely correct any State data errors in the RCRA INFO edit reports generated by the merge

procedure. The State will provide all core data to RCRA INFO, as defined by EPA

Headquarters, plus non-core data as agreed to with Region VI program offices. EPA is

responsible for the correctness of the data it enters, and will timely correct any data errors that

EPA has created.

3. The State will provide to EPA by the seventh working day of every month

ReRA INFO data representing the previous month's activities. The EPA will run data

assessment reports at least once a quarter and make indicated corrections promptly.

4. The State will collect National Biennial ReRA Hazardous Waste Report

data and provide the data to EPA for loading into RCRA INFO according to the schedule

promulgated by EPA Headquarters, and the schedule in the Grant.

5. EPA will be responsible for maintenance and clean-up of all EPA data

entered in the ReRA INFO corrective action module prior to the State's authorization for HSWA

corrective action.

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6. EPA will infonn the State promptly when changes are made to RCRA

INFO that might affect the State's implementation of RCR..4" INFO. EPA will assist the State in

ReRA INFO consulting and training as resources allow.

7. EPA will help the State maximize usefulness 'of ReRA INFO and

Hazardous Waste Report data by enhancing existing reports or writing new report programs to fit

specifications of the State. These reports will be available on the EPA mainframe computer.

EPA will also assist the State in resolving Hazardous Waste Report data quality problems

according to the schedule promulgated by EPA Headquarters.

8. Neither the State nor EPA will unilaterally change its ReM INFO

implementer system in any way without advance consultation with, and agreement of, the other

party.

9. Both the Region and the State have the right, as implementers of ReRA

INFO, to choose and to change their RCRA INFO hardware platforms to optimize system

cfliciency, but will not do so in such a way as to affect the merged database, access to the merged

database reports, or the potential for updating their implementer databases with the Olher party's

data.

V. PERMIT ISSUANCE

A. EPA Permitting

Upon authorization of the State program, EPA will suspend issuance of new Federal

permits imposing requirements for hazardous waste treatment, storage, and disposal facilities for

which the State is receiving authorization. EPA will continue to issue new ReM pennits

imposing requirements mandated by HSWA that are not covered by the State's authorized

program, until the State receives final authorization for equivalent and consistent State standards.

Pennits are required by federal and stale statutes for protection of human health and the

environment, and are a means to control environmental impacts and to promote monitoring and

the collection of invaluable data. The State will serve as lead agency for all authorized

permitting activities. The State and EPA agree 10 share workloads in the area of pre-pennit risk

evaluation as outlined in the anached Addendum. The EPA has oversight authority over State

permits.

The EPA will process and enforce ReRA permits in the State in areas covered by new

Federal regulation until the State receives final authorization for them. At the time the State

program is approved in the new areas, the EPA will suspend issuance of Federal pennits in the

State. The EPA will also transfer any pending permit applications, completed pennits, or

pertinent file information to the State within thirty (30) days of the approval of the State program

in conformance with the conditions of this Agreement.

B. EPA Oversight

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While the EPA may comment on any permit application or draft permit, the EPA's

oversight function will focus primarily on those facilities identified in the referenced Addendum

and the annual Grant.

The EPA may comment in writing on any draft permit or proposed permit modification,

whether or not the EPA commented on the permit application. Where the EPA indicates in a

comment that issuance, modification, re-issuance, termination, or denial of the pennit would be

inconsistent with the approved State program, the EPA shall include the following in the

comment:

a) a statement of the reasons for the comment (including the section

of the State law or regulations that supports the comment); and

b) the actions that should be taken by the State in order to address the

comments (including the conditions that the permit would include if the EPA issued it).

The EPA shall send a copy ofits written comments to the pennit applicant.

The EPA shall withdraw such comments when satisfied that the State has met or refuted

its concerns and shall also provide the permit applicant with a copy ofsuch withdrawal.

Under Section 3008(a)(3) of RCRA, the EPA may terminate a State-issued permit in

accordance with the procedures of 40 CFR Part 124, Subpart E, or bring an enforcement action in

accordance with the procedures of 40 CFR Part 22 in the case of a violation of a State program

requirement. In exercising these authorities, the EPA will observe the conditions established in

40 CFR 271.J9(e).

C. State Permitting

The State is responsible for expeditiously drafting, circulating for public review and

comment, issuing, modifying, reissuing, and terminating RCRA permits for those hazardous

waste treatment, storage and disposal facilities contained in the authorized provisions of the

State's programs and shall do so in a manner consistent with ReRA as amended by HSWA, this

Agreement, all applicable Federal requirements, and the State's Program Description. The State

has the authority to issue and enforce aU portions of the EPA-issued RCRA permits or portions

of pennits.

The State agrees to issue, modify and reissue all permits contained in the authorized

portions of the State's program in accordance with La. R.S. 30:20\4, 2022, 2023, 2024, 2\80,

2\83 and La. R.S. 49:95\ et seq., and Sections 323, 703, and 72\ of the Louisiana

Administrative Code (LAC) 33:V.Subpan I; to include as permit conditions all applicable

provisions of sections 309 and 311 of the LAC 33:V.Subpart I; and to include as permit

conditions all applicable provisions of relevant State environmental regulations. This Agreement

also applies to permits issued after final authorization but for which the processing may have

begun before final authorization.

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The State agrees that any compliance schedules contained in StateMissued permits will

require compliance with applicable standards.

The State agrees to consider all comments the EPA makes on permit applications and

draft permits. The State will satisfy or refute the EPA's concerns on a particular permit

application, proposed permit modification, or draft permit in writing before issuing the permit or

making the modification.

VI. PERMIT ADMINISTRATION

A. EPA

The EPA will administer any RCRA permits or portions of permits it has issued to

facilities in the State until the State becomes authorized for those permits or portions. The EPA

will be responsible for enforcing the terms and conditions of those Federal permits while they

remain in force.

B. State

The State agrees to review all hazardous waste permits which were issued under State law

prior to the effective date of this Agreement and to modify or revoke and reissue such permits as

necessary to require compliance with the amended State program and La. R.S. 30:2 I83, La. R.S.

49:951 et seq., and LAC 33:V.Subpart 1. The State agrees to modify or revoke and reissue these

State permits as RCRA permits in accordance with schedules determined in the Grant. The EPA

and the State agree to concur on a reasonable time schedule relative to the permitting activities

mentioned above and as outlined by the Combustion Workshare Agreement between EPA and

LDEQ and stated in the Grant.

VII. COMPLIANCE MONITORING AND ENFORCEMENT

A. EPA

Generally, EPA may conduct inspections or take enforcement action upon request by the

State, upon issues raised by Regional or National priorities, or upon determining that the State has

not taken timely and appropriate enforcement action; however, nothing in this Agreement shall

restrict EPA's right to inspect any hazardous waste generator, transporter, or facility, or bring

enforcement action pursuant to section 3008 of ReRA against any person believed to be in

violation of the State or Federal hazardous waste program or believed to have a release of

hazardous waste or constituents. Before conducting an inspection of a generator, transporter, or

facility, EPA will normally give the LDEQ at least seven (7) days notice of the intent to inspect in

accordance with 40 CFR 271.8(b)(3Xi) and allow the LDEQ the opportunity to accompany EPA

during the inspection. Additionally, EPA will normally give the LDEQ a reasonable opportunity to

I I
conduct a compliance evaluation inspection in accordance with 40 CFR 271.8(bX5). If the LDEQ

performs a compliance inspection and submits a report and relevant data to EPA prior to an

inspection by EPA, then EPA, at its discretion, will determine whether to conduct its own

inspection. In case of an inuninent and substantial risk to human health and the environment, the

EPA may shorten or waive the notice period, but every effort shall be made to notify the LDEQ as

soon as possible of any EPA action in the State.

EPA agrees to make available to the LDEQ copies of any reports and data resulting from

compliance inspections conducted by EPA within a reasonable time after completion of the

inspections. In the event that EPA performs an inspection and refers enforcement to the LDEQ,

EPA agrees, subject to the availability of appropriated funds and EPA's budget priorities, to assist

the LDEQ by providing relevant witnesses and/or technical assistance.

The frequency of EPA oversight and training inspections will be specified in the annual State

grant work plan. EPA will negotiate with the LDEQ the number or percentage of the LDEQ's

compliance inspections on which EPA will accompany the LDEQ.

EPA may take enforcement action against any person determined to be in violation of

RCRA in accordance with section 3008. In the case ofa violation of any requirement of Subtitle

C of RCRA where such violation occurs in the State of Louisiana which is authorized to carry

out a hazardous waste program under section 3006 of RCRA, the EPA shall give notice to the

LDEQ prior to issuing an order or commencing a civil action under section 3008. EPA also

maintains authority to issue orders and bring actions under sections 3008, 3013 and 7003 of

RCRA and any other applicable federal statute.

B. State

The State agrees to carry out a timely and effective program for monitoring the

compliance by generators, transporters, and facilities with applicable program requirements (see

40 CFR 271.15). As part of this program, the State will conduct inspections to assess

compliance with generator and transporter standards (including manifest requirements), facility

standards, permit requirements, compliance schedules, and all other program requirements.

Compliance monitoring activities and priorities will be specified in the StatelEPA Enforcement

Response Plan and the annual Grant and shall be consistent with all applicable Federal

requirements and with the State's Program Description.

The LDEQ OEC (Office of Environmental Compliance) will inspect all Federal facilities

in the State. The EPA may perform oversight inspections at Federal facilities.

The State agrees to take timely and appropriate enforcement action as defined in the

StatelEPA Enforcement Agreement or annual Grant against all persons in violation of generator

and transporter standards (including manifest requirements). facility standards. pennit

requirements, compliance schedules. and all other program requirements, including violations

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detected by State or Federal compliance inspections. The State will maintain procedures for

receiving and ensuring proper consideration of information about violations submitted by the

public. The State agrees to retain all records for a least three (3) years unless there is an

enforcement action pending. In that case all records will be retained until such action is resolved.

VIII. AVAILABILITY OF INFORMAnON (Section 3006(1)

A. General

Section 3006(f) of ReRA provides that States may be authorized by the Administrator

under this Section if the State program provides for the public availability of information

obtained by the State regarding facilities and sites for treatment. storage, and disposal of

hazardous waste; and that such information is available to the public in substantially the same

manner, and to the same degree, as would be the case if the Administrator was carrying out the

provisions of this subtitle in the State.

B. Requests for Information

I. Pursuant to the Federal Freedom of Infonnation Act (FOIA). 5 U.S.C.

552(a)(2), the State agrees to make certain materials routinely available without a formal Public

Records request. Examples of these materials are final opinions or orders in case adjudication,

State regulations, statements of agency policy, and administrative staff manuals affecting the

public. In addition, records prepared for routine public distribution will also be made available.

Examples of such records are press releases, copies of speeches, pamphlets, and educational

materials. All requests for copies of public records shall be made using LDEQ Form ISD-0005·

01 unless the records were prepared for sale to the public, e.g. Environmental Regulations, or the

records were prepared for public dissemination, e.g. press releases, pamphlets, or educational

materials.

2. The State agency agrees to make reasonable efforts to assist a requester in

identifying records being sought, and helping the requester fonnulate his or her request.

3. If a request for information is denied, the State agrees to provide the

requester the basis for the denial and notification of State judicial (or, if they exist,

administrative) procedures, including statutes of limitation.

4. The State agrees to make the fullest possible disclosure of records to the

public, subject to any of the exemptions under the Louisiana Public Records Law, La. R.S. Title

44.

5. A reduction or wavier of fees will be considered in connection with each

request from a representative of the press or other communication medium, or from a public

interest group. The State agrees to reduce or waive the fee if it determines that a reduction or

waiver of the fee is in the public interest because furnishing the infonnation can be considered as

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primarily benefiting the general public. Requests for reduced or free copies should be made on

the LDEQ Form ISD-000S-02.

c. Confidentiality of Business Information

If a claim of confidentiality is asserted and cannot be resolved in the time period provided

for an agency response to a request, the State agrees to notify the requester of the confidentiality

claim within the maximum 20-day time limit provided for any agency response. In addition, the

requester will be told that the request was denied in order to resolve the business confidentiality

claim.

D. Oversight

I. The State agrees to keep a log of denials of requests for information (or a

file containing copies of denial leners sent to requesters) that will be made available to the EPA

during the State review.

2. The State agrees to keep the EPA fully infonned of any proposed

modifications to its basic statutory or regulatory authority, its forms, procedures, or priorities, as

applied to Section 3006(1).

IX. CORRECTIVE ACTION

A. State Role

The State will conduct the ReRA Corrective Action Program in a manner that promotes

rapid achievement of cleanups while protecting human health and the environment. Specifically,

the State will, to the extent practicable:

I. embrace flexible, practical, results-based approaches that focus on control of

human exposure and contaminated groundwater migration in the short term, with final cleanup

being the long-term goal;

2. provide ready public access to information and meaningful opportunities for

public involvement in the cleanup process;

3. foster a culture of innovation, creativity, communication and technical expertise,

focused on accelerating cleanups and meeting program goals; and

4. carefully consider key program guidance (and any updates) in conducting the

ReRA Corrective Action Program.

B. EPA Role

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EPA will assist the State with all aspects of the cleanup program and support its efforts to

conduct faster, focused and more flexible RCRA cleanups.

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STATE OF LOUISIANA

DEPARTMENT OF ENVIRONMENTAL

QUALITY

BY:~~fl:fL:4;;~m~=---- _ y M. Ha ell, Secretary

UNITED STATES

ENVIRONMENTAL PROTECTION AGENCY

REGION VI

BY:--+-T-c:-b>'-:-----:-,..---,:::-'I:=----

DATE:_--'b=-,(4"'-d-C':'O,-,-1LI _

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Addendum

Combustion Workshare Agreement

The State and EPA agree to the following work share activities for the onsite combustion

facilities (i.e. Boiler and Industrial Furnaces (BIF's), incinerators, miscellaneous units) in

Louisiana.

A. EPA will:

1. Approve all Alternative Monitoring Applications, Trial Bum/Comprehensive

Perfonnance TestfRisk Plans and Reports and Quality Assurance Project Plans

(QAPP's) for specifically regulated combustion units (i.e., RCRA, CAA

regulated), until LDEQ receives authorization/delegation from EPA for the

applicable regulations;

2. Conduct all Human Health and Ecological Risk Assessments including review of

facility initiated risk assessments;

3. Recommend pennit limits and/or monitoring requirements to ensure acceptable

risk from combustion facilities;

4. Ensure that any measures deemed necessary to address unacceptable risk

identified from the risk assessment are addressed timely and appropriately;

s. Provide copies of all draft reports as completed for trial bum oversight, audits of

laboratories conducting the sample analysis, reviews of trial bum reports, and risk

assessments;

6. During the pennit renewals for those BIFs currently pennitted as incinerators,

require that during the trial bums, the facilities collect the data necessary to

conduct a comprehensive risk assessment;

7. Require collection of data necessary to conduct a comprehensive risk assessment

for all combustion pennits (through omnibus authority); and

8. Provide joint approval of combustion documents (i.e., plan, reports, assessments)

in cases where LDEQ has not received program authorization for newly

promulgated regulatory requirements.

B. LDEQ will:

I. Ensure that any measures deemed necessary to address identified unacceptable

risk from the EPA risk assessment are addressed timely and appropriately;

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2. Ensure that all pennits issued to hazardous waste combustion facilities are

protective of human health and the environment;

3. Ensure compliance with all terms and conditions of trial bum plans,

comprehensive performance tcst plans, risk bum plans and schedules approved by

EPA andlor LDEQ;

4. Observe all trial bums, comprehensive performance test bums and risk bums to

ensure they are conducted as prescribed in the approved planes);

5. Ensure any test burn (i.e., comprehensive performance test, trial burn, or risk

bum) schedule extensions are coordinated with EPA prior to approval;

6. Ensure permit conditions developed by EPA are incorporated into the permit to

address risk to human health and the environment from food chain and other

direct or indirect pathways identified through comprehensive risk assessment;

7. Ensure the public has the opportunity to be involved in all phases of the permit

process to the extent required; and

8. Acknowledge EPA's independent federal authority to collect data necessary to

conduct comprehensive risk assessments.

Alternate Person for Contact in an Emergency:

I. Peter Ricca, Environmental Scientist Manager

2. Phyllis Luke, Environmental Scientist Senior Staff, Surveillance

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