Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 14 - Regulation and Licensing of Naturally Occurring Radioactive Material (NORM) › Section XV-1499 - Appendices A, B, and C › Appendix XV-C

Current through Register Vol. 50, No. 6, June 20, 2024
Memorandum of Understanding between
Louisiana Department of Natural
					 Resources
Office of Conservation and
Louisiana Department of Environmental
					 Quality
Regarding the
Regulation of Naturally Occurring Radioactive
					 Material at
Commercial Oilfield Waste Treatment Facilities
WHEREAS, the Louisiana Department of Natural Resources,
					 Office of Conservation (DNR/OC), is authorized by state law and regulations to
					 control the permitting, operation, and closure of commercial nonhazardous
					 oilfield waste (NOW) disposal facilities in Louisiana, and,
WHEREAS, the Louisiana Department of Environmental Quality
					 (DEQ) is authorized by state law and regulations to control the management and
					 disposal of naturally occurring radioactive material (NORM), and,
WHEREAS, certain types of NOW have been recognized as
					 occasionally containing levels of NORM that may warrant protection of public
					 health and the environment, and,
WHEREAS, it is in the public interest for both agencies to
					 coordinate their resources in order to provide adequate protection of public
					 health and the environment and to avoid duplicative regulatory efforts and
					 unnecessary expenses to DNR/OC and DEQ, the regulated community and the
					 citizens of this state.
* * * * * *
THEREFORE, the following MEMORANDUM OF UNDERSTANDING is
					 hereby adopted to outline the specific responsibilities of each agency
					 regarding the regulation of NORM treatment at commercial NOW facilities which
					 are permitted and regulated under the jurisdiction of the Office of
					 Conservation:
1. Commercial NOW facilities will be permitted to receive,
					 and treat NORM in accordance with specific licenses issued by DEQ under LAC
					 33:XV.301 and 1401 et seq. Existing DNR/OC permits will be required to be
					 amended according to the requirements of LAC 43:XIX.129.M. DNR/OC and DEQ will,
					 to the extent possible, coordinate and/or combine efforts in the holding of any
					 public hearings with regard to permitting commercial NOW/NORM
					 facilities.
2. Commercial NOW/NORM facilities (DEQ specific licensees)
					 may be authorized to receive and treat NORM contaminated with concentrations of
					 up to 200 picocuries per gram radium-226 or radium-228 and daughter products,
					 provided all operational procedures are adhered to and a satisfactory history
					 of compliance is established.
3. In addition to standards for documentation of compliance
					 with the reuse criteria of LAC 43:XIX.129.M, treated NOW/NORM which is offered
					 for reuse must also meet the requirements of DEQ.
4. Only written requests will be considered by DNR/OC and
					 DEQ for reuse of treated NOW/NORM. Documentation of compliance with regulatory
					 requirements must be provided with each request. Specific written approval from
					 each agency must be obtained prior to removal of material from a treatment
					 system.
5. Commercial NOW/NORM treatment facilities will not be
					 permitted to mix and treat non-NORM (NOW) waste with NORM waste.
6. DEQ will be required to notify DNR/OC, within 24 hours,
					 of planned/scheduled inspections of a commercial NOW/NORM treatment
					 facilities.
7. When violations are documented, enforcement actions will
					 be coordinated between DNR/OC and DEQ to determine the proper agency for
					 issuance of notices of violation, compliance orders, assessment of penalties or
					 any other enforcement activity.
8. As deemed necessary, DNR/OC and DEQ will share
					 monitoring information required to be submitted by permitted NOW/NORM treatment
					 facilities.
This MEMORANDUM OF UNDERSTANDING is subject to revision or
					 cancellation upon agreement of both parties.