### MEMORANDUM OFAGREEMENTBETWEEN THESTATEOFLOUISIANA AND THE UNITED STATES ENVIRONMENTALPROTECTIONAGENCY REGIONVI

I. 

### GENERAL This Memorandum of Agreement (hereinafter "Agreement") establishes policies, responsibilities, and procedures pursuant to 40 eFR 271.8 for the State ofLouisiana's Hazardous Waste program (Environmental Quality Act, La. R.S. 30:SubtitleII 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 mannerin which the State and the EPA will coordinate inthe State's administration and enforcement ofthe Stateprogramand 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 LouisianaDepartment ofEnvironmental Quality, Office of the Secretary will serve as lead agency to simplify coordination of activities and communicationbetween the Stateand 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 of40 CFR Part271. The parties will review the Agreementjointly 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 ofeitherparty in orderto ensure consistency with State program modifications made or for any otherpurpose mutually agreed upon. Any revisionsor 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 This Agreement will remain in effect until such time as State program authorization is withdrawn by or is voluntarily transferred to the EPA according to the criteria and procedures established in 40 CFR 271.22 and 40 CFR 271.23. Inthe future EPA and LDEQ will worktogetherto 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 ofthe Regional Administrator's decision to grant authorization to the State.



### II. POLICYSTATEMENT 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 ofthe primary purposes ofthis 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 ofcombustion risk evaluations, this Agreement encourages a shift by the EPA to program-wide, limited after-the-factreviews, ratherthan case-by-case intervention. Each ofthe partiesto this Agreementis responsible forensuring that its obligationsunder RCRA are met. Upon granting offinal authorization by the EPA, the State assumes primary responsibility forimplementing the authorizedprovisions ofthe RCRA hazardous wasteprogram within its boundaries. The EPA retains its responsibility to ensure full and faithful execution of the requirements ofReRA. The State and the Regional Administrator agree to maintain ahigh level ofcooperation and coordination between their respective staffs in a partnership to assure successful and effective administration ofthe Stateprogram. Section 3006(g) ofRCRA provides that hazardous waste requirements and prohibitions promulgated pursuantto HSWA are applicable in authorized States atthe same time thatthey 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 directimplementation ofthose provisions ofHSWA thatthe State is not authorized to implement, it is the intention ofthe EPA and the State to coordinate the implementation ofsuchprovisions to the greatestdegree possible.

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### The EPA will oversee implementation ofthe authorized State program in orderto ensure full execution ofthe requirements ofRCRA, 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 ofthe hazardous waste program, and to encourage States and the EPA to agree on desirable technical support and targets forjoint 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 reviewofthe State's programs.

III. STATE PROGRAM REVIEW A. General 

### Act 303 ofthe 1999 Louisiana Legislature enabled the reengineering ofLDEQ with the primary objectivebeingto streamlinethe operations to be moreefficientand effectivein meeting the needs ofthe customers and the citizens ofLouisiana. Act 48 ofthe 2010 Regular Session ofthe Louisiana Legislatureeliminated the Office ofEnvironmental Assessment. LDEQ is nowgrouped into four (4) function-oriented officeswiththe following specificduties: 1. Officeofthe Secretary The mission ofthe Office ofthe Secretary is to help the LDEQ fulfill its mission. As the managerialbranch ofthe LDEQ, the programwill facilitate achievementofenvironmental improvements by coordinating the otherprogramoffices' work to reduce quantity andtoxicity 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 abroad environmentalmandate. 2. Office ofManagementand Finance The LDEQ's budget, personnel, contracts, and general operational duties are the responsibility ofthe Office ofManagementandFinance, managed by the Undersecretary, who is appointed by the Governor. 3. OfficeofEnvironmental Services The mission ofthe Office ofEnvironmental 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 3

### applications, improved pennit tracking, and the ability to focus on applications with highest potential forenvironmental impact. 4. Office ofEnvironmental Compliance The mission ofthe Office ofEnvironmental 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 aunifonn approach to compliance, andprovides for execution and timely resolution ofenforcement 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 ofthe remediation process, reduces review time and labor, and increases responsiveness and accountability to the public andregulated community.



### B. State and EPA Coordination The Regional Administrator will assess the State administration and enforcement ofthe Grant on a continuing basis for effectiveness, equivalency and consistency with ReRA and this Agreement. This assessment will be accomplished by the EPA review ofinfonnation submitted by the State in accordance with this Agreement, the Grant, and annual review ofState program activities. The Regional Administratormay also consider, as partofthis regularassessment, 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 receivedby the Regional Administratorwill 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 forreviewingStateprogramadministration 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 problemsandto discussmutual programconcerns. These meetings will be scheduled at least fifteen (15) days in advance unless agreed to differently. The EPA will prepare atentativeagenda forthe meeting. C. Identification ofPriority Activities 4The State and the EPA agree todevelopcriteriafor priorityactivities annually as apanof the Grant. These priority activities will include activities regarding handlers ofhazardous 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 olherguidance documents as may be appropriate, and will serve 10 identify those activities which should receive thehighest priority duringthe grant period. Examples ofactivities 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 groundwatercontamination.



### 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 ofregulatory goals, the State and the EPA agree to identify and reduce significantdata gaps wheneverpossible. As the national hazardous waste program matures, the respective roles and responsibilities in this StatelFederal partnership will continue to evolve. During the annual review ofthis Agreement, the Stateand the Regional Administratorwill carefully examine the following sharingprovisions forneededrevision.



### 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 withthe State any national reports developed bythe EPA from the data submittedthrough Statereporting requirements. 2. The State and the EPA agree to the sharing ofinfonnation as specified in the multi-yearGrant. 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 subjectto the tenns of40CFRPart2. 4. The EPA agrees to make available to the State copies ofany 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 InfonnationManagement (RIM) Memorandum ofUnderstanding (MOU). The RIM MOU establishes Agreementsbetweenthe State andthe EPAregarding RCRA rNFO, the Biennial Reporting System (BRS), records management, system security, dispute resolution and grant incorporation. The State and the EPA have agreedto this MOU to benermanage and share the infonnationcontained in the system. 

### C. State I. The State agrees to inform the Regional Administrator, in advance when possible, ofany proposedprogramchanges 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 ofMemorandaofAgreement or Understanding with other agencies, and modifications ofresource levels (i.e., availableorbudgetedpersonnel andfunds). The State recognizes that program revisions must be made in accordance with the provisions of40 CFR Part271.21, and thatuntil approvedby 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 ofreports the State will make in order forthe EPA to maintainoversightofthe implementationofthe State's authorized program, including:

a. compliance monitoring and enforcement information; b. informationindicating the status ofthe State's pennitting, closure, post· closure, and groundwatermonitoring and corrective action activities;

c. various reports designed to accurately describe the status ofthe Sta.te's authorized program including biennial reports summarizing thequantities and types ofhazardous wastegenerated, transported, treated, stored and disposed in the State; and d. State decisions to grantvariances, waivers, and de·listing requests made by hazardous waste handlers. 3. The State agrees to provide EPA \vith a copy ofany 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 priorto pennit issuance (e.g., requests to handle additional wastes not identified on the facility'S original notification and RCRA PartAPennitApplication.)

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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 suchcopies. 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 ProtectionAgency. Region VI, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202. 

### D. SiteVisits The EPA is responsible for maintammg reliable national data on hazardous waste management. Thisdatais used to reportto the Presidentand Congressonthe achievementsofthe hazardous waste program and to supportthe EPA's regulatory developmentefforts. Wheneverthe 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. Ifthe State is unable to provide the information or ifit is necessary to supplement the State information, the EPA may conduct a special surveyorperform information collection site visits afternotifyingthe State (normallywith at least seven days advance notice). The EPA will share with the State any national reports developedby the EPA as aresultofsuch information collection. E. Emergency Situations Upon receipt ofany information that the handling, storage. treatment, transportation, or disposal ofhazardous waste is endangering human health orthe environment, the party inreceipt ofsuch infonnation shall immediately notify by telephone the otherparty(ies) to this Agreement ofthe existence ofsuch situation. The Addendum to this Agreement identifies alternate people for thisnotification. LDEQ Contact: PeterRicca, Environmental ScientistManager Emergency Response 225/342-1234 or2251219-3700 

### 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. Ifthe information has been submitted to the State under a claim ofconfidentiality, the State must submit that claim to the 7EPA when providing information. Any information obtained from a State and subjectto aclaim ofconfidentiality will be treated inaccordance with the regulations in40CFR Part2. 

### 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 CFRPart 2, the EPA will furnish the State information submitted to the EPA under a claim ofconfidentiality 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 of40 eFR Part

### 2. The EPA 

### will notify affected facilities when such infonnation is senttotheState. G. Notification EPA and the State havejointly 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). Ifthe applicant sends a notification form (8700·12 or equivalent) directly to EPA, EPA will forward the form to the State for the assignment ofan 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 ofits number. H. RCR4. Data Management 1. The State agreesto use, maintain, and enterdatainto ReRA INFO. 2. The State is responsible for the correctnessofthe 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 ofthe data it enters, and will timely correct any data errors that EPA has created. 3. The State will provide to EPA by the seventh workingdayofevery month ReRA INFO data representing the previous month's activities. The EPA will run data assessmentreports atleastonce aquarter and make indicated correctionspromptly. 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 byEPA Headquarters, and the schedule in the Grant. 5. EPA will be responsible for maintenance and clean-up ofall EPA data entered in the ReRA INFO corrective action module priorto 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 ofRCR..4" INFO. EPA will assist the State in ReRA INFO consulting andtrainingas resources allow. 7. EPA 

### will help the State maximize usefulness 'of ReRA INFO and Hazardous Waste Reportdatabyenhancingexisting reports orwritingnewreportprograms to fit specifications ofthe 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 tothe schedulepromulgatedby 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 ofReRA INFO, to choose and to change their RCRA INFO hardware platforms to optimize system cfliciency,butwill notdo so in such away astoaffectthe merged database, accesstothe merged database reports, orthe potential for updating their implementerdatabases with the Olherparty's data. V. 

### PERMITISSUANCE A. EPA Permitting Upon authorization of the State program, EPA will suspend issuance ofnew 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 equivalentand consistent State standards. Pennits are required by federal and stale statutes for protection ofhuman 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 ofpre-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 ofFederal pennits in the State. The EPA will also transfer any pending permit applications, completed pennits, or pertinent file informationto the State within thirty (30) days ofthe approval ofthe Stateprogram in conformance with theconditionsofthis Agreement. B. EPA Oversight 9While 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, ordenial ofthe pennit would be inconsistent with the approved State program, the 

### EPA shall include the following in the comment: a) a statement ofthe reasons for the comment (including the section ofthe State laworregulations that supports the comment); and b) the actions that should be taken by the State in orderto address the comments (includingthe conditions thatthe permitwould include ifthe EPA issuedit). The EPA shall send acopy ofits writtencomments tothe pennit applicant. The 

### EPA shall withdraw such comments when satisfied that the State has met or refuted itsconcerns and shall also providethepermitapplicant with acopy ofsuch withdrawal. Under Section 3008(a)(3) ofRCRA, the EPA may terminate a State-issued permit in accordance with the proceduresof40 CFRPart 124, SubpartE, orbring an enforcement action in accordance with the procedures of40 CFR Part 22 in the case ofa violation ofa State program requirement. In exercising these authorities, the EPA will observe the conditions established in 

### 40 CFR271.

### 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 ofthe State's programs and shall do so in a mannerconsistentwith 

### 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 ofthe EPA-issued RCRA permits or portions ofpennits. The State agrees to issue, modify and reissue all permits contained in the authorized 

### portions ofthe 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 ofrelevant State environmental regulations. This Agreement also applies to permits issued after final authorization but for which the processing may have begunbefore final authorization. 10The State agrees that any compliance schedules contained in StateMissued permits will require compliancewith 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, ordraft permit in writing before issuing the permitor 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 ofthose Federal permits while they remain in force. 

### B. State The State agrees to review all hazardous wastepermits which were issuedunder State law priorto the effective date ofthis Agreement and to modify orrevokeand reissue suchpermits as necessary to require compliance with the amended State program and La. R.S. 30:2I83, La. R.S. 49:951 et seq., and LAC 33:V.Subpart 1. The State agreesto modifyorrevoke and reissue these State permits as RCRA permits inaccordance 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 outlinedby the Combustion Workshare Agreementbetween 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 orNational priorities, orupon determining thatthe Statehas 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 ofa generator, transporter, or facility, EPA will normally give the LDEQ at least seven (7) days notice ofthe intent to inspect in accordance with 40 CFR 271.8(b)(3Xi) and allow the LDEQ the opportunity to accompany EPA duringthe inspection. Additionally, EPA will normally give the LDEQ areasonableopportunity to I Iconduct a compliance evaluation inspection in accordance with 40 CFR 271.8(bX5). Ifthe 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 ofan inuninent and substantial risk to human health and the environment, the EPA may shorten orwaive the notice period, butevery effort shall 

### be made to notify the LDEQ as soonas possibleofany EPAaction intheState.

EPA agrees to make available to the LDEQ copies ofany 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 ofappropriated funds and EPA's budgetpriorities, to assist the LDEQ by providingrelevantwitnesses and/ortechnical assistance. The frequency ofEPA oversightand traininginspections

### will be specifiedin theannual State grant work plan. EPA will negotiate with the LDEQ the number or percentage ofthe LDEQ's complianceinspectionsonwhich EPAwill accompanythe LDEQ. EPA may take enforcement action against any person determined to be in violation of RCRA in accordance with section 3008. In the case ofaviolation ofany requirement ofSubtitle C ofRCRA where such violation occurs in the State ofLouisiana which is authorized to carry out a hazardous waste program under section 3006 ofRCRA, 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 ofEnvironmental Compliance) will inspect all Federal facilities in the State. The EPA may performoversightinspections atFederal 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 ofgenerator and transporter standards (including manifest requirements). facility standards. pennit requirements, compliance schedules. and all other program requirements, including violations 12detected by State or Federal compliance inspections. The State 

### will maintain procedures for receiving and ensuring proper consideration ofinformation 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. Inthatcaseall records will 

### be retained until such action isresolved.

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 ifthe Administrator was carrying out the provisions ofthis 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 ofthese materials are final opinions or orders in case adjudication, State regulations, statements ofagency policy, and administrative staffmanuals 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 forcopies ofpublic records shall be made using LDEQ Form ISD-0005· 01 unless the records were prepared for sale to the public, e.g. Environmental Regulations, orthe 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 recordsbeing sought, and helping the requesterfonnulate his orherrequest. 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 statutesoflimitation. 4. The State agrees to make the fullest possible disclosure ofrecords to the public, subject to any ofthe exemptions underthe Louisiana Public Records Law, La. R.S. Title 44. 5. A reduction or wavier offees will be considered in connection with each request from a representative ofthe press or other communication medium, or from a public interest group. The State agrees to reduce or waive the fee ifit determines that a reduction or waiverofthe fee is in the public interest because furnishing the infonnation canbe considered as 13primarily benefiting the general public. Requests for reduced or free copies should be made on the LDEQ FormISD-000S-02. 

## c. Confidentiality ofBusiness Information If a claim ofconfidentiality is asserted and cannotbe resolved in the time period provided for an agency response to 

### arequest, the State agrees to notify the requester ofthe 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 ofdenials ofrequests for information (or a file containing copies ofdenial leners sent to requesters) that will be made available to the EPA during the Statereview. 2. The State agrees to keep the EPA fully infonned of any proposed modifications to its basic statutory or regulatory authority, its forms, procedures, orpriorities, 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 ofcleanups while protectinghuman 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 beingthe long-term goal; 2. provide ready public access to information and meaningful opportunities for public involvementin the cleanupprocess; 3. foster a culture ofinnovation, creativity, communication and technical expertise, focused on acceleratingcleanups and meeting program goals; and 4. carefully consider key program guidance (and any updates) in conducting the ReRA Corrective Action Program. 

### B. EPA Role

14EPA will assistthe Statewith all aspects ofthe cleanup program and support its efforts to conduct faster, focused and more flexible RCRA cleanups.

15STATE OF LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY

# BY:~~fl:fL:4;;~m~=----

_ y 

### M. Haell, Secretary UNITED STATES ENVIRONMENTALPROTECTION AGENCY 

### REGION VI



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

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_

16Addendum 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 applicableregulations; 2. Conduct all Human Health and Ecological Risk Assessments including review of facility initiatedriskassessments; 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 assessmentareaddressedtimely and appropriately; 

# s. Provide copies ofall draft reports as completed for trial bum oversight, audits of laboratories conducting the sample analysis, reviews oftrial 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 conductacomprehensiveriskassessment; 7. Require collection ofdata necessary to conduct a comprehensive risk assessment forall combustionpennits (through omnibusauthority); and 8. Providejoint approval ofcombustion 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 EPArisk assessment are addressedtimely and appropriately; 172. Ensure that all pennits issued to hazardous waste combustion facilities are protectiveofhuman healthand theenvironment; 3. Ensure compliance with all terms and conditions of trial bum plans, comprehensive performance tcst plans, risk bumplans and schedules approved by EPA andlorLDEQ; 4. Observe all trial bums, comprehensive performance test bums and risk bums to ensurethey areconducted as prescribed in theapproved planes); 5. Ensure any test burn (i.e., comprehensive performance test, trial burn, or risk bum) schedule extensions are coordinated with EPA priorto 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 orindirectpathways identified through comprehensive risk assessment; 7. Ensure the public has the opportunity to be involved in all phases ofthe permit process tothe extentrequired; and 8. Acknowledge EPA's independent federal authority to collect data necessary to conductcomprehensive risk assessments.



### AlternatePersonforContactin an Emergency:

I. PeterRicca, Environmental ScientistManager 2. Phyllis Luke, Environmental Scientist SeniorStaff, Surveillance

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