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NPDES Profile: Louisiana
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and Indian Country
PROGRAM RESPONSIBILITY
State of Louisiana: NPDES authority for base program, general permitting, pretreatment
EPA Region 6: NPDES authority for federal facilities, biosolids
EPA Region 6: NPDES authority for all facilities in Indian Country
Program Integrity Profile
This profile characterizes key components of the National Pollutant Discharge Elimination System (NPDES)
program, including program administration and implementation, environmental outcomes, enforcement, and
compliance. EPA considers profiles to be an initial screen of NPDES permitting, water quality, enforcement,
and compliance programs based on self-evaluations by the States and a review of national data. EPA will use
the profiles to identify program strengths and opportunities for enhancements. For more information, please
contact Lenny Young, Louisiana Department of Environmental Quality, (225) 219-3013, Jim Delahoussave,
Louisiana Department of Environmental Quality (225) 219-3002, or Gloria Vaughn, EPA Region 6,
(214) 665-7535.
Section I. Program Administration
1. Resources and Overall Program Management
The State of Louisiana:
Current program and management: Louisiana was authorized to administer the National Pollutant
Discharge Elimination System (NPDES) program on August 27, 1996, and administers it as the
Louisiana Pollutant Discharge Elimination System (LPDES) program. As cited in the Memorandum
ofAgreement (MOA) executed between both parties effective August 27, 1996 and modified on
August 2, 2000, EPA is responsible for assuring that Louisiana's discharge permitting program is
consistent with all Federal regulations and laws and that it adheres to the requirements agreed upon in
the MOA. The Louisiana Department of Environmental Quality (LDEQ) has primary responsibility for
implementing the LPDES program in Louisiana in accordance with sections 301, 302, 303, 306, 307,
308, 402, 403, and 405 of the Federal Clean Water Act (CWA), 33 United States Code (U.S.C.) section
1251, et seq., applicable State legal authority, the applicable requirements of 40 CFR parts 122-125 and
any other applicable federal regulations, the Multi-Media/Multi-Year Enforcement Memorandum of
Understanding (MOU), and the annual program grant. The LDEQ also has the responsibility to establish
LPDES program priorities with consideration of EPA Region 6 and national NPDES goals and
objectives. The LPDES program applies to individual permits, general permits, stormwater permits, and
pretreatment activities. LDEQ is not authorized to administer the sewage sludge use and disposal
program as outlined in 40 Code of Federal Regulations (CFR) part 503.
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The LDEQ program authorization documents, which include the MO A, Attorney General's Statement,
Program Description and Standard Operating Procedures, were updated in 2003, and a Federal Register
(FR) notice was published in 2004 allowing for review of the documents by the public. On December
29, 2004, EPA approved the updates to the documents.
Starting in 1999, LDEQ has undergone a period of reorganization. Each of the three major
programmatic offices within the Department (i.e., Environmental Services, Environmental Compliance
and Environmental Assessment) now has a functional identity along with a multimedia focus. In
addition, new appointments have been made for the LDEQ Secretary, Deputy Secretary, Undersecretary,
and Assistant Secretaries for the Office of Environmental Services, Office of Environmental
Assessment, and Office of Environmental Compliance. There are components of the LPDES program
housed in each of these three offices. See the organization charts at the end of this profile for more
detail.
The Legal Division's responsibilities are to provide legal consultation and representation to the various
offices of the Department. The Office of Environmental Services is responsible for processing permit
applications for air, water and solid and hazardous waste. It is also responsible for stakeholder outreach,
public participation, mail operations, data management and application verification and small business
assistance. The Office of Environmental Assessment is responsible for research and field surveys to
acquire information on watersheds and water quality management. The office is also responsible for
ensuring that the rulemaking process meets the LDEQ requirements and that current information is
reflected on the Web site. The Surveillance group within the Office of Environmental Compliance is
responsible for inspecting permitted and un-permitted facilities for all media, including those that have a
surface water discharge, responding to environmental incidents, and conducting ambient water quality
monitoring. The Enforcement Division of the Office of Environmental Compliance is responsible for
generating enforcement actions based on referrals from the Surveillance Division, Permits Division,
Permit Compliance Unit, file review activities or other sources. It is also responsible for monitoring and
verifying compliance data and ensuring permit compliance through the proper utilization of enforcement
options. The Permit Compliance Unit, which is also a part of the Enforcement Division, is responsible
for entering LPDES permit and enforcement data into the Permit Compliance System (PCS). It is also
responsible for review and evaluation of effluent characteristic data reported on discharge monitoring
reports (DMRs) and noncompliance reports, and for the management of PCS and the use of the data for
compliance monitoring.
All LPDES permit staff are consolidated within two sections of the Water and Waste Permits Division
of the Office of Environmental Services. These are the Industrial and Municipal Sections (the latter
including general permits). Both permit sections have a dedicated technical advisor and the Water and
Waste Permits Division maintains a third senior technical advisor under the authority of the Division
Administrator. Permit support services are centralized in the Environmental Assistance Division (EAD)
of the Office of Environmental Services. The Application Verification Group of the EAD processes
LPDES applications for administrative completeness and initial database tracking in LDEQ's database -
Tools for Environmental Management and Protection Organizations (TEMPO). The Public Participation
Group functions in support of the LPDES permitting program by managing the public participation
aspects of the process, including public noticing and coordinating public hearings.
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The current universe of facilities regulated under the LPDES program is as follows:
Table 1: LPDES Universe in Louisiana
Major Facilities
Minor Facilities
with Individual
Permits
Minor Facilities
w/ General
Permits
Significant
Industrial Users
(SIUs)
Concentrated
Animal Feeding
Operations
(CAFOs)
No. of Sources
254
1,393
4,699
1011
2032
The total universe of individual permits based on November 30, 2004 data from PCS is 1,647 (254
major and 1,393 minor facilities).3 With the exception of 1 facility in Indian Country in Louisiana, all
facilities (industrial and publicly owned treatment works (POTWs)) have been delegated to LDEQ.4 The
number of industrial facilities covered by individual permits is 1,330 and the number of POTWs
covered by individual permits is 317.5 LDEQ also has 4,699 minor facilities covered by a general
permit.6
Program resources: The Permitting and Enforcement programs are funded by Environmental Trust
Funds (permit fees and administrative penalties) at 83%, federal grant funding under CWA section 106
at 13%, and 4% miscellaneous funds. In fiscal year (FY) 2004, $4,639,325 in CWA, section 106 grant
funds were awarded to LDEQ through the Performance Partnership Grant (PPG). Since the State has a
Performance Partnership Agreement/ Performance Partnership Grant (PPA/PPG), LDEQ is not required
to provide a budget that specifies the amounts for each program (e.g., total maximum daily loads
(TMDLs), NPDES, water quality standards, monitoring, and the like) that will be funded with section
1 The National Data Sources column of the Management Report, measure #9, shows 58 SIUs discharging to approved
pretreatment programs, based on PCS data as of June 12, 2004. At that time, prior to data clean-up by the State, the SIU data
for a number of programs was based on inspections that took place several years ago. LDEQ is also conducting a survey to
identify potential SIUs discharging to POTWs that are not designated to implement the pretreatment requirements.
2 The National Data Sources column of the Management Report, measure # 11, shows 103 CAFOs, based on an estimate of
CAFOs ultimately requiring coverage under the new federal regulations made in March 2004. The updated estimate as of
November 2004 is 200 dry manure poultry facilities, in addition to 3 currently permitted CAFOs.
3 The National Data Sources column of the Management Report, measures # 1 and #2, shows 246 major facilities and 1,449
minor facilities covered by individual permits, respectively. These values are based on PCS data as of June 30, 2004.
4 The National Data Sources column of the Management Report, measure #2, shows 2 minor facilities covered by EPA-issued
individual permits. One of these facilities is an offshore discharge, which will be reissued as a Gulf of Mexico (GM) permit,
and therefore should not be included with Louisiana sources.
5 The National Data Sources column of the Management Report, measures #6 and #7, show 1,221 industrial facilities and 202
POTWs, respectively, covered by State-issued individual permits (and a total of 283 facilities covered by EPA-issued
permits). The data discrepancies are due to the parameter (EPA or State-issued [EPST]) in PCS used to identify the permitting
authority for the National Data Sources values. Region 6 uses the parameter EPST to identify whether a permit was issued by
the State or EPA at the time of delegation. For NPDES programs in Region 6 that have been delegated for some time, this
field does not reflect the appropriate permitting authority.
6 The National Data Sources column of the Management Report, measure #3, shows 4,416 minor facilities covered by general
permits. This is based on ePIFT data as of March 2004. The 4,699 value mentioned above is based on PCS data as of
November 30, 2004.
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106 monies. The CWA section 106 funds are used to fund various water quality-related activities that
include the ones mentioned above, along with ground water activities (i.e., groundwater monitoring,
Source Water Protection, Wellhead Protection Programs/Drinking Water Protection Programs). LDEQ
receives the bulk of its funding from its Environmental Trust Fund.
The LPDES permitting program is supported by 24 permit writer full-time equivalents (FTEs); 6.5 for
major permits, 10.0 for minor individual permits, and 7.5 for authorization of coverage under general
permits. In addition, there are 3 FTEs for pretreatment and biomonitoring activities, 1 FTE for
geographic information system (GIS) mapping, 4 environmental scientist section supervisors,
2 environmental scientist technical specialists, and 2 environmental scientist managers who work with
the water permit writing staff. Support staff activities provided by the Office of Environmental Services'
(OES's) Environmental Assistance Division include public participation, application administrative
review, data management and other administrative duties for all media, including water.
There are a total of 23 positions in the Enforcement Division's Air and Water Section dedicated to the
LPDES Program. These positions are divided between the Water Enforcement Group staff and the
Permit Compliance staff. The Water Enforcement Group and Permit Compliance Unit (PCU) are
responsible for the water enforcement and LPDES compliance monitoring activities, respectively. The
following chart indicates the breakdown of these positions:
Water
Enforcement
Group
Permit
Compliance
Unit
Full Time
Supervisor
1
1
Environmental Scientist
10
5
Environmental Project Specialist
0
2
Environmental Program Analyst
1
0
Senior Scientist
1
0
Staff Scientist
1
0
Administrative Assistant 2
0
1
Totals:
14
9
23
Part Time
Environmental Manager (Air/Water/PCU)
1
0
Senior Scientist (PCU/AIRS)
1
0
Senior Scientist (Air/Water/Solid Waste/ Hazardous
Waste)
1
0
Totals:
3
0
3
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The Surveillance Division provides professional scientific personnel to conduct field-based technical
services including compliance inspections, complaint investigations, spill response and ambient water
quality monitoring. There are 35 FTEs supporting the six LDEQ Regional Offices.
Staff training is achieved through mentoring, in-house instruction and field sessions, seminars and
courses furnished by various State universities, EPA seminars, conferences, and training sessions.
On-the-job training is provided to all environmental scientists by a higher level environmental scientist
or by a supervisor or manager. Each employee has an individual development plan that provides a
training framework for him or her. Permit writers also attend the EPA NPDES Permit Writers' Training
Course. Surveillance personnel attend the EPA Basic Inspector Training Class and the annual EPA
sponsored NPDES Inspector Workshop class. Appropriate staff attend any necessary hazardous material
worker protection training. All appropriate personnel attend PCS training seminars.
Pretreatment personnel, in addition to participating in the appropriate items above, also attend EPA's
annual pretreatment workshop, at which training is offered, and the Water Environment Federation
course on basic pretreatment. The LDEQ Permits Program, through its Policy for New Employees, has a
requirement for the program manager to ensure that an appropriate mentor is assigned to each new
employee. The mentor's role is to familiarize the new employee with the organization and serve as an
information source and guide for approximately the first six months.
Based on the current permit universe in Louisiana, approximately 50 major and 270 minor individual
permits must be issued annually, once the backlog goal is met, to maintain current national permit
issuance goals. The permitting backlog is expected to be consistent with the national goals by July 2005.
EPA Region 6:
Louisiana was authorized to administer the NPDES Permit Program on August 27, 1996; the
authorization did not include the sewage sludge use and disposal (biosolids) program, discharges to
Indian Country waters, or discharges to federal waters (Gulf of Mexico). The permitting and
enforcement authority for these categories is EPA Region 6. The Region currently has permitting
authority for one minor municipal facility in Indian Country7. Under CFR parts 501 and 503, the sludge
management program is self-implementing. Sludge permitting and enforcement actions will be closely
coordinated with the State, while Indian Country permitting and enforcement actions are closely
coordinated with the Tribes. Shared authority for permitting, certifying, and enforcement authority
exists in regard to one crude oil transport and storage facility with outfalls to both State and Federal
waters. Enforcement is tied to specific outfalls, and whether or not the discharge is to a State or Federal
water. The two primary divisions within EPA Region 6 responsible for the Region 6 portions of the
NPDES program in Louisiana are the Water Quality Protection Division (WQPD) and the Compliance
Assurance and Enforcement Division (CAED).
In FY2004, EPA Region 6 had 0.5 FTEs associated with NPDES permitting activities related to the
sludge program and discharges in Indian Country in Louisiana (the two areas for which Region 6 is the
permitting authority in Louisiana). The EPA permit writers associated with permits in Louisiana have
more than 3 years experience in permit writing. Administration of the program includes permitting,
7 The National Data Sources column of the Management Report, measure #2, shows 2 minor facilities covered by EPA-issued
individual permits. One of these facilities is an offshore discharge, which will be reissued as a Gulf of Mexico (GM) permit,
and therefore should not be included with Louisiana sources.
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compliance, enforcement, technical assistance, fish kill and compliance investigations, data entry,
monitoring, and legal costs.
At the time of authorization of the State NPDES program, EPA retained enforcement lead over
permittees that were subject to ongoing EPA enforcement actions. There are currently 44 facilities
remaining under EPA enforcement authority, four of which are municipal separate storm sewer systems
(MS4s). The remaining facilities are under formal enforcement orders, with many under long-term
compliance schedules from Consent Decrees. These facilities will be retained by EPA until final
resolution of the enforcement action. Final resolution can be accomplished by the permittee complying
with the requirements of the NPDES permit or enforcement order. EPA's lead can be transferred to
LDEQ when a State administrative order is issued covering the same violations included in an EPA
administrative order.
Currently there is one active withdrawal petition in the State of Louisiana. A second was recently
denied.
The first petition, submitted by Tulane Environmental Law Clinic in 1997, concerned the issuance of
"Emergency Rules" to allow discharges of produced waters (oil and gas) by the State. The Petitioner
noted this violated the Clean Water Act ban on discharges and rules issued without EPA review or
public notice or participation.
A letter was sent to LDEQ by Region 6 on November 10, 1997, requesting specific information on
allegations and the State responded on December 3, 1997. LDEQ was very responsive and actively
worked to resolve issues of concern. The Region plans to take action on the petition shortly.
The second petition was received from Tulane Environmental Law Clinic (representing a number of
local citizen and environmental groups) in October 2001 requesting that EPA withdraw the Louisiana
State NPDES program. The petition asserted that LDEQ was not properly implementing the water
program as the environmental groups expressed concerns over the number of un-issued permits, public
access to information related to the program, timeliness of enforcement actions, and collection of
penalties.
In response to the specific concerns raised by the 2001 petition and issues of concern identified during
routine Region 6 semi-annual program audits, EPA conducted an informal investigation (as outlined in
40 CFR 123.64(b)(1)) into the allegations contained in the petition to determine whether cause existed
to commence State program withdrawal proceedings.
To ensure that LDEQ's program met Clean Water Act requirements and was protective of the citizens
and environment of Louisiana, the State and EPA jointly developed seven performance measures aimed
at addressing the concerns raised by the petitioners, as well as those concerns noted by EPA. The
performance measures identified specific actions to be performed within a specified time frame by
LDEQ in the areas of LPDES permitting and enforcement. These actions included drafting and issuing a
specified number of permits, improving public access to LDEQ files by enhancing its Electronic Data
Management System (EDMS), clarifying certain requirements under LDEQ's Penalty Rule and its
Beneficial Environmental Project (BEP) Rule, clarifying and implementing procedures in regard to
LDEQ's unilateral enforcement actions, revising all LPDES program authorization documents and
providing a legal opinion from LDEQ counsel and the Louisiana Attorney General's Office regarding
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the State's ability to enforce penalties against municipalities. (Further discussion of the Performance
Measures and the various changes made to the LPDES program can be found in EPA's Federal Register
notice of the revised LPDES program authorization documents, FR Vol. 69. No.156, page 50199,
August 13, 2004). By letter dated May 12, 2004, EPA Region 6 Regional Administrator Richard Greene
informed the Governor of Louisiana that LDEQ had successfully completed all seven performance
measures. It is EPA's and LDEQ's belief that the completion of these performance measures will ensure
the stability of the State's program and strengthen the public's confidence in LDEQ's ability to
implement the program.
In June 2004, EPA staff performed a follow-up review of LDEQ's administration of the LPDES
program in order to assess LDEQ's implementation of the processes and procedures outlined in the
revised LPDES program authorization documents. As a result of that review, EPA staff determined that
LDEQ was implementing the changes agreed to as a result of the performance measures and that the
LDEQ's administration of the LPDES program showed marked improvement.
The CWA and the regulations vest EPA with substantial discretion in deciding whether to withdraw a
State's authorization to administer the NPDES program. The structure of the CWA provides for primary
NPDES authority to rest with the authorized States, and Congress intended for EPA to exercise its
oversight capacity in furtherance of appropriate State regulations of point source discharges under
section 402(b). Upon receipt of a petition to withdraw a State's NPDES authorization, EPA evaluates
the allegations in the petition as well as the State program regulations and performance in making a
decision on the petition.
In certain areas identified in the 2001 petition, EPA concluded that improvements were warranted in
the State of Louisiana's administration of the program. However, over the next couple of years, the
State made substantial improvements in these areas, which related primarily to record keeping, data
management and compliance and enforcement. EPA is continuing to work with Louisiana, as EPA
works with all State NPDES permitting authorities, to achieve even greater levels of environmental
protection. EPA concluded that the LPDES program as it is currently being administered is consistent
with the CWA and 40 CFR part 123, so that the commencement of withdrawal proceedings was not
warranted. As a result, EPA Region 6 denied the 2001 petition in January 2005. (70 FR 810,
January 5, 2005).
2. State Program Assistance
EPA Region 6:
LDEQ has not submitted a formal application for assumption of the sludge program, and currently
indicates no interest in assuming that program in the near future.
3. EPA Activities in Indian Country
EPA Region 6:
Status: Region 6 has issued only one individual municipal Indian Country discharge permit in the State
of Louisiana for the Chitimacha Tribe of Louisiana. Region 6 has additionally issued 2 general
stormwater (construction and multi-sector) permits that are available for use by dischargers in Indian
Country. For Indian Country permits in Louisiana, Region 6 uses the LDEQ water quality standards in
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development of discharge permits, and provides an opportunity for Tribal review during the public
notice of the proposed permit.
To date, the Chitimacha Tribe of Louisiana has not developed water quality standards or contacted
Region 6 and requested assistance to assume the CWA section 402 (NPDES) or 404 (permits for dredge
and fill material) permitting programs.
Coordination: Region 6 has an assigned Tribal Coordinator in NPDES Permits Branch, who works to
coordinate cross media issues with other Water Division and Regional Tribal representatives on issues,
meeting schedules and appointments, outreach, and other requested assistance from the Tribes. Tribal
representatives are encouraged to contact the Region with any issues, concerns, or questions dealing
with the NPDES program.
4. Legal Authorities
EPA is conducting a comprehensive review of the State's legal authorities. This review has not yet been
completed. As a result, EPA is reserving this section of the profile; when the legal reviews are complete, EPA
will update profiles to include the results of the reviews.
Currently there is one active withdrawal petition in the State of Louisiana. A second was recently
denied. The first petition, submitted by Tulane Environmental Law Clinic in 1997, raised issues
concerning public notice and participation. The second withdrawal petition was received from Tulane
Environmental Law Clinic (representing the Louisiana Environmental Action Network, Louisiana
Audubon Council, and the Gulf Coast Restoration Network) in October 2001, and raised issues related
to resources, public participation, and legal authorities. This petition was denied in January 2005.8
5. Public Participation
An evaluation of the State's legal authorities regarding public participation will be included in the legal
authority review. As noted above, the legal authority review section of this profile is reserved pending
completion of the legal authority review.
The State of Louisiana:
LDEQ's State regulations (LDEQ Policy 005-90, La. R.S. 30:2030 and 30:2074[D]) and the Louisiana
Public Records Law (Louisiana Revised Statute (La. R.S.) 44:441) require public participation in both
permitting and enforcement and specify minimum public participation requirements for specific
regulatory processes. The Public Participation Group is located within the Office of Environmental
Services, Environmental Assistance Division, Stakeholder Outreach Section. This group is responsible
for managing the formal aspects of public involvement in the permitting process. The LDEQ Web site
(http://www.deq.state.la.us/) includes a link to EPA's guidebook entitled "Public Involvement in
Environmental Permits." The State has a number of standard operating procedures that address how to
correctly publish notices in the newspaper, set up hearings and develop rules. Currently, the Department
8 The National Data Sources column of the Management Report, measure #16, shows both withdrawal petitions because it is
based on information as of April 12, 2004, before the second petition had been denied.
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follows the public participation procedures outlined in 40 CFR part 124, subpart A and notifies the
public regarding permit actions through:
The standard public notice process: A notice is placed in a local paper in the area of the permitted
facility.
The public hearing process: Public hearings are held in accordance with federal requirements.
Additional State requirements ensure that persons residing closest to the facility are allowed the
opportunity to speak first.
The permits public notification mailing list: LDEQ maintains a mailing list comprised of public interest
groups and individuals that have made a request to receive notice of proposed or draft permitting
actions. This mailing list group receives a hard copy of the same public notices that appear in the
various newspapers. In addition, the Department has developed a list-serve system, where individuals
can request to receive electronic versions of the public notice. Public notices are also available for
viewing on the LDEQ Web site. At the time that a permitting decision is issued, commentors receive
copies of the responsive summary. Currently, the notification list is composed of about 3,600 people.
The Public Participation Group mailed out 60,029 pieces of mail during FY2004, with each piece
containing one to fourteen individual public notices.
The public page: The public notice is placed on the Department's Web page and information is updated
regarding hearings, permit actions, and the like, as needed. Copies of final general permits can be found
on LDEQ's Web site. Copies of individual permits are not posted on the Web site; however, information
about enforcement actions and settlement agreements are available on the Web site.
The Public Library Repositories: For those permitting decisions where a public hearing has been
scheduled, copies of the public notice and relevant documents are placed in the public libraries in the
vicinity of the facility. Permits that generate a significant degree of public interest may have additional
repositories designated at local fire stations, City Council Chambers, and the link.
The Public Records Room: All documents on public notice are available in DEQ's Public Record Room.
The documents are available in paper format or can be retrieved electronically. LDEQ Records
Management Section is responsible for providing access to the public records of the agency, including
all permit records, fact sheets, permits, enforcement actions, and correspondence. All files are imaged
(optically scanned) into the EDMS, which is accessible to the public. Members of the public can learn
about the variety of options for access to public records from a link on the main LDEQ Web page. From
this Web page, one can access answers to frequently asked questions, mailing and physical addresses,
phone and fax numbers, as well as a dedicated email address (publicrecords@la.gov). Instructions and
forms necessary for submitting a public records request are also available from the Web page. Everyone
is considered public and there are no restrictions. Current access options include in-person review or
public records request for paper copies, faxed copies, or electronic copies written to disk or CD.
In-person review: With the exception of documents that have been declared confidential by the DEQ
Secretary, facility records (including Notices of Intent (NOIs)) are accessible to the public through
DEQ's Public Records Center. To view public records in the EDMS, the public can visit the Public
Records Center, located at 602 N. Fifth Street, Baton Rouge, LA, 70802. Office hours are 8:00 a.m. and
4:30 p.m., Monday-Friday. From this central location, LDEQ visitors access computer workstations
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configured to search the LDEQ EDMS. Staff is on duty during business hours to provide personalized
help with searching for records and/or completing public records requests.
Request for public records: Individuals that prefer not to visit LDEQ may make a public records request.
Those choosing this option can download the public records request form from the LDEQ Public
Records Web site or call (225) 219-3168 to have a request packet mailed or faxed to them. In
accordance with Louisiana Administrative Code (LAC) 33:1.23, specific copy fees apply. Reduced rate
copies are available for those who certify they meet eligibility requirements.
Confidentiality of Information Process: The Louisiana Environmental Quality Act (LEQA)
confidentiality provisions may be found at La. R.S. 30:2030 and 2074.D. These statutes state that
records and information obtained under this subtitle, any rule, regulation or investigation, shall be
available to the public unless nondisclosure is requested in writing at the time of submission and the
Department determines that the information may be kept confidential. Nondisclosure will not apply to
the necessary use by authorized State officers or employees in carrying out their duties under the Act.
Nondisclosure will also not apply to information pertaining to discharges to surface or groundwater. The
Department may classify information as confidential if the Secretary makes a written determination that
confidentiality is necessary to: prevent impairment of an ongoing investigation or prejudice to the final
decision-maker regarding a violation; protect trade secrets; protect proprietary secrets and information
or commercial or financial information.
In addition, there are two regular publications about proposed regulations from LDEQ and one from the
Office of the State Register. LDEQ provides a monthly electronic notification system for proposed
rules, final rules, short notices, and emergency rules published in the Louisiana Register. LDEQ also
does a monthly mail-out, which includes the NOI and the Fiscal and Economic Impact Statement for
each newly proposed regulation. Citizens can receive this mail out by sending their names and
addresses to LDEQ Regulation Development (RD), P. O. Box 4314, Baton Rouge, LA 70821-4314,
ATTN: Proposed Regulation Mailing List. There is no charge for either of these services. The Office of
the State Register offers the Louisiana Register, published on the twentieth of each month. It contains
the NOI, the first page of the Fiscal and Economic Impact Statement, and the proposed regulation. It
also includes final rules, emergency rules, and other items of interest to the public. For ordering
information, a citizen can contact the Office of the State Register at (225) 342-5015. Anyone who
submits written or oral comments to LDEQ receives a mailed copy of the summary report at or near the
same time the report is submitted to the Legislative Oversight Committees. The summary report
includes the comment summary and response document, including statements reviewing the pros and
cons of adopting individual or topical comments, and the proposed regulation if LDEQ has made
changes to the regulation as a result of the comments received. The changes to the regulation are
highlighted in the summary report. To sign up for electronic notification, a citizen can set the browser to
http://www.state.la.us/ldbc/listservpage/DEQ-REGS_listserv.htm.
LDEQ also conducts public meetings with citizen groups and other interested parties to discuss
permitting and/or compliance related concerns. LDEQ is not aware of any legal or procedural barriers to
obtaining information.
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EPA Region 6:
For permits under EPA Region 6 authority in Louisiana, which includes the sludge program and
discharges to Indian Country and federal waters in the State of Louisiana, EPA Region 6 follows the
public participation procedures outlined in 40 CFR part 124, subpart A.
The NPDES permit public notice procedures include the following:
• Direct mailing of public notice packages to permittees, interested stakeholders, and Tribes on a
public notice mailing list maintained by WQPD. Any interested party may request addition of their
name to the mailing list and it will remain on that list until the party requests their name be removed.
Additionally, WQPD adds attendants to EPA-sponsored meetings on permits in Louisiana to the
mailing list.
• Publishing public notices in the closest local newspapers for major and minor permit actions.
General permits are noticed in the Federal Register.
• Permits are proposed for a 30-day comment period with a fact sheet or statement of basis.
• Responses to comments are prepared as part of the final permit decision and mailed to those who
submitted comments.
• The final permit decision may be additionally public noticed if the final permit includes substantial
changes from the originally proposed permit.
EPA Region 6 also fulfills requests to meet with the affected public and has often met with local, State,
Tribal and federal agencies to address issues associated with pending permit actions.
Some public notices, fact sheets and permits are made generally available electronically via EPA's Web
site at http://www.epa.gov/npdes/permitdocuments. Supplemental copies are also provided to interested
parties as requested. Permit actions are coordinated with local, Tribal and Federal agencies such as
facility operators, municipalities, Tribal leaders, U.S. Army Corps of Engineers (US ACE) and the U.S.
Fish and Wildlife Service (USFWS) as appropriate for the permit action.
Public Meetings/Hearings: Based on the degree of public interest and complexity of the issues in the
draft permit, a public hearing can be conducted at the request of interested parties and/or at the
discretion of EPA. The request must be submitted in writing and provide the nature of issues to be
raised. The hearings are publicly noticed in local newspapers thirty days prior to the date of the hearing.
A presiding officer is appointed to conduct the hearing and the public comment is extended to the close
of the public hearing. Prior to the formal public hearing, EPA Region 6 conducts an informal public
meeting to allow interest groups to inquire of any conditions established in the draft permit. Verbal
communications and exchange of information between EPA staff and the interested parties occur.
Written transcripts and tapes of the hearing are available to the public. Comments received from
interested parties, local, State and government entities are addressed during the final permitting decision
making process.
Outreach activities are performed where appropriate to educate the general public and the affected
regulated sector on permitting, compliance and enforcement issues. EPA Region 6 holds educational
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workshops and various guidance documents, compliance guides, and educational materials are provided
to the public and regulated communities and are often available through the Regional Web page.
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6. Permit Issuance Management Strategy
The State of Louisiana:
As of November 2004, 84.6% of major and 82.6% of minor individual LDEQ permits were current and
95.9% of minor facilities covered by individual or general permits were current9. The national averages
at that time were 84.5% for major and 81.9% for minor facilities covered by individual permits. These
numbers reflect a marked improvement in the number of current LDEQ permits. As recently as July
2002, 54%) of major and 29% of minor individual permits were current, and 64% of minor facilities
covered by individual or general permits were current. Of the current backlogged permits, 28 individual
major permits, 177 individual minor permits, and 191 minor facilities covered by general permits have
been expired over 2 years. One major individual permit, 24 minor individual permits, and no general
permits have been expired over 10 years as of December 31, 200410. In addition, there are 37
applications pending11. A tabular summary of permit issuance rates follows.
Table 2: Percentage of Facilii
ies Covered by Current Permits in Louisiana
2000
\al"l
A\ u.
2001
\al"l
A\ u
2002
\afl
A\ u.
2003
\afl
A\ u
Major Facilities
41%
74°,.
44%
70",,
62%
S3",.
75%
84" o
Minor Facilities
Covered by Individual
Permits
24%
W..
26%
73",.
52%
7l>0..
67%
SI0..
Minor Facilities
Covered by Individual
or Non- Storm water
General Permits
N/A
\ A
N/A
\ A
80%
85°..
67%
SO" „
Source: PCS, 12/31/00; 12/31/01; 12/31/02; 12/31/03.
EPA and LDEQ have worked together and developed a strategy to address the backlog of never-issued
and expired permits and the timely re-issuance of expired permits. This was a multi-phased process in
which EPA assisted LDEQ by drafting LPDES permits, providing technical training, providing a $1.49
million grant for contractor support to assist the State in drafting LPDES permits, and providing a senior
level Inter-Personnel Agreement staff member to LDEQ. An additional part of this process was the
development and implementation of a permit issuance strategy by LDEQ. LPDES permit issuance is
governed by this permit issuance strategy approved by Region 6, along with several recently adopted
permit issuance guidance documents designed to improve the efficiency of permitting procedures. As
9 F or the State Activity columns of measures #19 and #20 on the Management Report, the value under National Data Sources
reflects PCS data as of June 30, 2004, and the Additional Data column reflects PCS/ePIFT data as of November 30, 2004.
10 The National Data Sources column of the Management Report, measure #21, shows 2 maj or permits expired for more than 10
years, based on data as of June 30, 2004. One of these permits was reissued on December 28,2004.
11 The National Data Sources column of the Management Report, measure #18, shows 74 applications pending, based on PCS
data as of June 30, 2004. Items may have been removed from this count either by permits being issued or by out-of-date
records in PCS being inactivated.
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part of the backlog reduction effort, LDEQ has developed a set of general permits that are tailored to
address different categories of dischargers, each with a similar type of effluent that can be controlled
using a fixed performance standard or treatment technology. Louisiana continues to lead the Region in
the issuance of general permits and the authorization of dischargers under these permits.
The permit issuance strategy (which is incorporated by reference into the PPG) is a multi-year plan that
includes specific annual projections for major and minor facility permit issuance and backlog reduction,
a discussion on program maintenance, and permit issuance priorities. In order to meet the permit
issuance goals, each LDEQ permit writer is assigned specific projects that are monitored by his or her
supervisor and manager to ensure that target dates are met. Assignments are also linked to the
performance ratings of the permit writers. As a measure of productivity LDEQ transmits monthly
reports to EPA detailing the number of permits issued by LDEQ permit writers for the month. LDEQ
has made a commitment to make the necessary adjustments to ensure that the initiatives and timelines
described in the strategy are adhered to and that it reaches the national goal for facilities under current
permits.
LDEQ makes priority determinations for permit issuance and reissuance based on environmental
significance and backlog reduction imperatives. Some of the criteria that are used to develop priorities
for permit issuance include: permit issuance for new facilities, facilities in basins with completed
TMDLs, facilities discharging into impaired waterbodies without completed TMDLs, facilities in
priority geographic areas, facilities with enforcement issues (major and minor facilities), facilities
grouped and targeted based upon expiration dates, major and minor facilities discharging into non-
CWA 303(d) listed (unimpaired) waterbodies, and facilities to be covered or likely to be covered under
a general permit.
EPA Region 6:
Region 6 permits in the State: Region 6 is responsible for issuance of the following permits in the State
of Louisiana:
• Chitimacha Tribe of Louisiana (LA0050971)
• Industrial stormwater multi-sector general permits for Indian Country facilities in Louisiana
(LAR050001)
• Construction stormwater general permits for Indian Country facilities in Louisiana (LAR150001)
• Biosolids land application general permit (LAG650000)
• LOOP, LLC (LA0049492) permit for a transport and storage facility for crude oil with outfalls to
both State and Federal waters (jointly issued with State)
Regional Prioritization: The Indian Country individual discharge permit, the jointly issued individual
transport and storage facility permit for crude oil, and 2 Indian Country-related stormwater general
permits are current. The sludge general permit expired at the end of FY2004. Region 6 maintained a
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permit backlog of 0% from 1999 to the end of FY200412. Since the expired sludge regulations are self-
implementing, the Region considers the reissuance of the sludge general permit a low priority.
7. Data Management
The State of Louisiana:
LDEQ uses a combination of PCS and the TEMPO system to manage its LPDES program. The State is
working to ensure that all information that is necessary in PCS can be directly uploaded from the
TEMPO system to reduce staff resources utilized for data input. Currently, permit level data contained
in TEMPO is exchanged by electronic upload to PCS. Most data are uploaded to each system
individually and manually. The TEMPO system is an Oracle database that was written by American
Management Systems (AMS) for DEQ. It allows DEQ to share common data between media and
divisions. It maintains all information on a regulated entity in one place, negating the need for each
section to duplicate data. It is used in the tracking of permits, inspections, incidents and enforcement
documents, as well as in the drafting of related documents. It is the central data management system to
track facilities, people, and organizations that are of interest to the Department of Environmental
Quality and to track the activities of the Department. It is designed to be the department-wide source-
inventory database.
Under the Program MO A, LDEQ is committed to input Water Enforcement National Database
(WENDB) data elements into the PCS for all major facilities, 92-500 minor facilities and significant
minor facilities. Minor facilities designated as 92-500 received federal construction grants under the
original CWA, Public Law 92-500. Significant minor facilities are identified as those minor facilities
mutually agreed upon by both EPA and LDEQ and identified in the annual State program PPG.
In accordance with the Enforcement Permit Compliance Unit Standard Operating Procedure (PCU-
SOP), the coding of permit-related information and all formal and informal compliance monitoring and
enforcement information is completed within 30 days from receipt of the input material. Compliance
inspection information is batch-loaded into PCS twice per week. Information in TEMPO/PCS is
compared and reconciled monthly. The Surveillance Division is responsible for entering inspection data
into PCS and TEMPO. The Permit Compliance Unit (PCU) enters DMR data, other compliance data,
and enforcement actions data into PCS. The Water Enforcement Group enters enforcement action data
into TEMPO. The Permits Division enters data into TEMPO for permit process tracking, application
inactivation, public notice, and the like. The Office of Environmental Assessment maintains an
inventory of priority segments and watersheds.
The Surveillance Division is responsible for assessing procedures used by permittees for supplying self-
reported data during compliance sampling inspection (CSI), compliance evaluation inspection (CEI),
inspections and determining adherence to LPDES requirements relative to self-monitoring. Data sheets
are reconciled with sample measurements.
12 The National Data Sources column of the Management Report, measure #20, shows 50.0% of minor facilities covered by
EPA-issued permits as current. This reflects one of the two facilities shown is measure #2 being expired. The expired permit is
for an offshore facility and will be reissued as a Gulf of Mexico (GM) permit and therefore should not be counted as a
Louisiana permit.
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LDEQ implemented its own lab accreditation program in 1998, which requires laboratories that submit
data to the agency to undergo an on-site inspection and accreditation. Compliance inspectors also
perform an evaluation of the self-monitoring data at facilities with LPDES permits. Laboratory
procedures are evaluated for compliance with 40 CFR part 136 methods, including quality control
practices and data reporting. LDEQ discontinued its participation in the discharge monitoring report
quality assurance (DMRQA) program at the time this accreditation program was implemented. Details
regarding this program can be found at LDEQ's Web site at http://www.deq.louisiana.gov/surveillance/.
Data quality: The data contained in TEMPO and PCS are reconciled monthly to assure accuracy. The
PCU-SOP, which is included in the updated program document submittal, outlines the process LDEQ
follows for PCS data entry, reconciling this data and for ensuring timely and accurate data entry. Once
the proposed replacement of the PCS database with the Integrated Compliance Information System
(ICIS) is complete, LDEQ intends to proceed with directly linking TEMPO to ICIS.
Latitude and longitude are collected at the facility and pipe level as resources allow. The PCU staff
uploads the locational data into PCS for all major facilities and a large number of minor facilities,
including domestic facilities funded under Public Law (PL) 92-500. The information supplied by the
permit applicant is used to obtain geographic data from Arc View software. The PCU staff inputs this
data into PCS. As the amount of geographic data continues to increase, the LDEQ Web site is planning
to include links to an internet-based geographic information system, with user-definable map-making
capabilities.
LDEQ tracks and manages basic permit and compliance information through TEMPO for separate
sewer overflows (SSOs), combined sewer overflows (CSOs), CAFO, stormwater, and pretreatment
events. These types of facilities are subject to LPDES requirements, including inspection and reporting.
In 2004, LDEQ also began coding specific single event violations into PCS using information contained
in the enforcement action.
Louisiana has been quite active in the Water Permits Division PCS clean-up project, making significant
progress in a number of the data elements tracked under that effort. Some examples of progress since
January 2003 include: FLOW for major facilities went from 44% complete to 99% complete (bringing
data for all elements tracked for major facilities to 98-100%) complete), issuance and expiration dates for
minor facilities went from 66% complete to 96%> complete, and pipe level latitude and longitude and all
associated metadata for minor facilities went from 2% complete to 84% complete. There is still some
work to be done with minor facilities data, notably with respect to facility addresses, but progress has
been made in those areas as well and is expected to continue. LDEQ staff regularly participate in the
PCS User Workgroups, particularly those related to design and implementation of the modernized
system.
EPA Region 6:
Primary Data System: EPA Region 6 WQPD and the Compliance Assurance and Enforcement Division
(CAED) enter and maintain all PCS information to manage the portions of the NPDES program not
assumed by LDEQ.
Data Elements: EPA Region 6 enters WENDB data elements in compliance with the PCS Policy
Statement requirements for the permit and compliance and enforcement programs. The Region enters
the latitude and longitude data for each outfall into PCS from the pipe level latitude and longitude data
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provided on the permit applications. Since NPDES permit applications do not require latitude and
longitude to be reported at the facility level, the EPA Region 6 WQPD has always entered the pipe level
latitude and longitude data for the first outfall in lieu of facility level latitude and longitude.
The EPA Region 6 WQPD relies primarily on PCS and the NPDES Information Tracking Application
(NITA), an in-house permit tracking database which interfaces with PCS data (see further discussion on
NITA under "ancillary" and "support data systems" subsections below) to maintain an inventory of
regulated sources. Priority permits and priority segments have historically been tracked and maintained
utilizing in-house spreadsheets. The WQPD has initiated an effort to enter water body information,
including listing as impaired waters under CWA section 303(d) and TMDL status into NITA to better
track and evaluate priority segments.
Ancillary or Support Data Systems: In order to track program progress and accomplishment and to
address permit issuance, EPA Region 6 utilizes PCS and other data tracking mechanisms such as NITA
which interfaces with PCS data. NITA is an Oracle database that utilizes PCS data along with additional
program data entered at the local level (not recorded in PCS). This tool allows Region 6 NPDES permit
writers and management to readily and easily generate standard and custom reports related to program
measures such as permit backlog, issuance rates, and general permit authorizations.
Quality Assurance/Quality Control: As individuals utilize the data maintained on regulated sources in
NITA and inaccuracies are identified, corrective action is taken as appropriate to update the information
in PCS. The Region closely coordinates with other State agencies and strives to maintain a complete and
accurate list of permitted facilities, including information on priority areas identified within the State.
To date, inventory information available in an automated data system to track priority segments is
limited. It is anticipated that additional information to track priority permits would be available in the
future via an automated data system. However, it continues to be the intent of Region 6 to track all
permits, not just priority segments, in an effort to eliminate the backlog of all permits.
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Section II. Program Implementation
1. Permit Quality
The State of Louisiana:
LDEQ utilizes a variety of methods to ensure permit quality and to ensure that the appropriate water
quality-based effluent limits (WQBELs) or technology-based effluent limits (TBELs) are used. LDEQ
derives limits using procedures detailed in EPA's Technical Support Document and from wasteload and
load allocations developed both in-house and by EPA to protect designated uses and the State's water
quality standards. EPA approves LDEQ's water quality standards. Also, to ensure consistency and to
facilitate the process permit writers must follow to determine when water quality-based limits are
needed and to develop those effluent limits, LDEQ developed a software applications program to
determine the appropriate limits.
LDEQ requires the most stringent of TBELs or WQBELs for pollutants that are present in the discharge
as determined by appropriate sampling or if the pollutants are involved in the manufacturing process.
LDEQ's Office of Environmental Services (OES) considers effluent variability in the derivation of
permit limits using EPA's Technical Support Document procedures. The Environmental Technology
Division in the Office of Environmental Assessment provides technical and advanced scientific support
to the LPDES program on a routine basis.
The LPDES program has developed several internal strategies to address the issue of timely permits.
One example is the permit application strategy. The purpose of this strategy is to implement a process
for facilitating the submission of LPDES applications. Every permit application is assigned to a
manager, supervisor technical advisor and a permit writer. All permitting staff enter process tracking
data into TEMPO to assist in workflow management. Activity logs are also generated permit by permit
so that it's possible for supervisors and managers to determine the status of any permit in process. These
powerful features are being used to manage the permit issuance process. One strategy that has been
developed to help with permit timeliness is the LDEQ-EPA issue escalation process. The purpose of this
strategy is to get issues resolved quickly at lowest possible level for decision-making. Another strategy
is to have draft non-controversial minor permits signed at the lowest appropriate level of authority
(usually the manager) rather than have both the draft and final signed by the Assistant Secretary.
The Permits Division has developed software applications to assure consistency and facilitate the
process the permit drafters must follow to determine when WQBELs are needed and to develop
WQBELs when they are needed. In addition, the LDPES program has developed an automated TBEL
generator, which is employed as an integral part of the permit drafting process, as technology-based
limits are often controlling for discharges in many parts of Louisiana. The Permits Division has
developed a process using merge forms, one of the advanced capabilities in Microsoft Word software, as
a permit generator tool. This tool allows the permit drafter to fill in blanks, from which a permit may be
generated by a merge process with the basic permit form. The use of a word processing-based permit
generator approach to permit development, along with custom spreadsheet programming, aids in the
development of permit limits and assures WQBELs and TBELS are appropriately incorporated into
permits. All minor permits are eligible for generation by TEMPO.
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To ensure permit quality, technical advisor positions have been created and three are currently utilized
for the technical review of industrial and municipal permits (both major and minor facilities). The
technical advisors meet routinely with individuals and groups of LPDES permit staff to discuss issues
and ensure consistency and accuracy in permitting. The advisors also coordinate the training of new and
existing staff on permitting issues. In addition, staff from other areas may be brought in to provide
assistance and training to the permits staff on issues such as LDEQ water quality implementation plans,
TMDL interpretation and implementation, and permitting practices on streams listed as impaired under
CWA section 303(d). LDEQ's permit staff also attends in-house training developed by senior permit
writers at LDEQ, as well as EPA-sponsored training, (i.e., Permit Writers' Training, Water Quality
Standards Training, and training on specific issues provided by the Regional office). LPDES permits are
consistently issued with appropriate limits as a result of the technical and process controls implemented.
In addition to reviewing all major and general LPDES permits prior to public notice, Region 6 has
routinely conducted mid and end-of year reviews of LDEQ's permitting program. Any issues raised
during the program review usually are resolved through informal and formal discussion with LDEQ
staff and managers. The Region has found that LDEQ's permits are well written and contain the
required limits and standard conditions. The fact sheets are detailed and contain previous permit limits,
compliance history, biomonitoring and applicable pretreatment conditions. Contact information (permit
writer name, telephone number and e-mail address) are also included in the fact sheet. There is also a
high degree of consistency in the permits.
The end of year report provided by LDEQ to EPA for the PPG also includes a program assessment
component.
LDEQ also maintains an Operations Tracking System, which requires detailed quarterly reporting. The
system, with its goal of tracking objective performance measures and quarterly reporting requirements,
serves as the central reporting and accountability system for the State of Louisiana. Operational plans
are implemented vertically through each functional unit within LDEQ and all other State agencies. The
operational plan is the main performance measurement and budget accountability tool employed by the
State. As a function of this system, the State has a detailed annual assessment of the performance of its
LPDES program.
Whole Effluent Toxicity (WET") Program: LDEQ implements the WET program to meet the
requirements established by EPA Region 6 and the State of Louisiana. NPDES permits issued by the
LDEQ require life-of-the-permit WET monitoring, including requirements for the permittee to perform
a toxicity reduction evaluation (TRE) where significant lethal effects (as compared to a control group)
are demonstrated in two out of three tests performed over a 90-day period. Failure to perform either the
WET monitoring or a required TRE is a violation of the permit. Where significant sub-lethal toxic
effects (e.g., significantly impaired growth or reproduction) are demonstrated over a period of time, the
LDEQ may require a TRE. Based on the TRE study results, a WET limit may be required for lethal
effects. To date, LDEQ, following EPA Region 6 standard practices, has not required WET limits for
sub-lethal effects.
To ensure that water quality standards for the protection of aquatic life are met, the State has designated
a person to track violations and refer WET- related violations to enforcement. Other staff track WET
test results for facilities, TRE studies, review all new and renewed permits to ensure the proper WET
language is included in the permit, and address issues such as frequency of testing, use of proper
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species, and other requirements that may apply. Staff work together closely to ensure that all WET
limits, compliance schedules, and concurrent testing requirements are addressed.
All permits for major dischargers contain life-of-the-permit monitoring requirements for WET,
including lethal and sub-lethal effects for two species (a vertebrate and an invertebrate). If no lethal or
sub-lethal effects are demonstrated at or below the critical low flow dilution in any of the first 4
quarterly tests, the permittee may apply for a reduction in frequency to once per six months for the more
sensitive species and once per year for the less sensitive species. This frequency applies until the permit
expiration date or until a test fails for the lethality endpoint. If a test failure for lethality occurs, two
retests are required during the next two months, and the facility must return to quarterly testing for the
life of the permit for the affected test species. If sub-lethal effects are demonstrated during the first four
quarterly tests, the facility must continue testing until they pass both the survival and sub-lethal test
endpoints for 4 consecutive quarters.
While Region 6 and its States do not have a schedule to begin requiring TREs and WET limits for
sub-lethal effects, all permits now include a notice that the permitting authority may require a sub-lethal
TRE if sub-lethal effects are demonstrated at a magnitude and frequency which indicate that a
successful TRE can be performed.
WET limits for lethal effects are required on the basis of multiple test failures at or below the critical
low flow dilution. A failure for lethality in a scheduled test and either of the two required retests triggers
a 28-month TRE study, which is then followed by a compliance schedule, usually of 36 months
duration. If the TRE successfully identifies and confirms a particular toxicant, the permit may be
modified to continue WET monitoring and incorporate a chemical-specific limit. If the toxicant is not
clearly identified, confirmed and an appropriate control found during the TRE, a WET limit is normally
incorporated into the permit. EPA provides assistance as-needed or when LDEQ requests assistance to
ensure that TRE findings are accurate and will lead to appropriate controls and compliance.
In cooperation with Region 6, LDEQ has presented WET training to staff on several occasions.
EPA Region 6:
Permit Quality Innovations: EPA Region 6 has utilized a number of methods to improve permitting
efficiency and quality. Tools such as permit and factsheet checklists, spreadsheets and permit fact sheet
templates have been developed to standardize permit development to address all relevant aspects of
permit development.
The NPDES Permits Branch will explore the option of making its permitting tools more easily available
to the public on the Region 6 Web page.
WET Program: WET provisions were included in the jointly developed and issued LOOP, LLC permit.
Currently, there are no major NPDES permits under EPA permit authority in Louisiana. Minor and
general NPDES permits issued by EPA comply with federal regulations, State water quality standards,
and WET implementation procedures.
To date, EPA Region 6 and its States have not required a predictive reasonable potential assessment for
WET during permit development, nor have they required WET limits to protect against sub-lethal
effects such as significant impairment to growth or reproductive ability. In 1990-91, the Region was
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concerned that toxicant identification procedures were not adequately refined to result in successfully
completing sub-lethal TREs on a consistent basis. Over time, significant advances in toxicant
identification have improved success in this area. Region 6 has recently concurred on EPA draft national
guidance documents which will establish a predictive Reasonable Potential (RP) approach and WET
limits for sub-lethal effects. EPA Region 6 is currently developing a draft strategy to phase in
implementation of these significant permitting changes. The final strategy will be developed in
coordination between LDEQ and EPA Region 6.
2. Pretreatment
The State of Louisiana:
Louisiana received authorization to administer the pretreatment program on August 27, 1996. There are
14 approved pretreatment programs in Louisiana13. Some of the approved pretreatment programs have
more than one treatment plant covered under an individual program, and these 14 programs cover 30
individual treatment plants. The LDEQ has approved one new pretreatment program in the last 5 years.
There are no pretreatment programs currently being developed. LDEQ assesses the potential need for a
POTW to begin the development of a pretreatment program when preparing to reissue an NPDES
permit for the facility. If apparent need exists, the permit requires the POTW to first conduct and submit
an industrial user survey for review.
There are 101 significant industrial users (SIUs) discharging to treatment plants under approved
pretreatment programs. All of the SIUs (including categorical industrial users (CIUs), which are subject
to categorical standards) discharging into POTWs with approved pretreatment programs have been well-
identified and issued permits by the POTW14. For SIUs discharging to POTWs without approved
pretreatment programs, the LDEQ (as the control authority) has begun a program to identify the CIU
segment of the SIU universe. LDEQ's goal is for every SIU to be addressed by control mechanisms that
implement applicable pretreatment standards and requirements, and has initially prioritized CIUs.
Twenty CIUs discharging to POTWs without approved pretreatment programs have been identified, but
because identifying such CIUs is an ongoing process, this number will most likely increase. Once an
industrial user (IU) is identified as a CIU, LDEQ assigns tracking ("Agency Interest") numbers to these
facilities and the CIU is required to submit semi-annual reports to the LDEQ every June and December
to demonstrate continued compliance, as per 40 CFR part 403.12(e). The pretreatment staff reviews the
reports to determine compliance with applicable standards and requirements. In order to identify SIUs,
all major POTWs (and some minor facilities with suspected SIUs) are required by special conditions in
the POTW's LPDES permit to submit SIU questionnaires every 5 years. LDEQ pretreatment personnel
review the submitted questionnaires to identify industrial users for possible follow-up for more
comprehensive information. In addition, LDEQ conducts an ongoing review (as resources allow) of the
"Louisiana Manufacturers Directory," sorting by standard industrial codes (SIC) and cross referencing
13 The National Data Sources column of the Management Report, measure #8, shows 13 pretreatment programs, based on PCS
data as of June 12, 2004. The approval of one additional program was incorporated into its NPDES permit effective November
11,2004.
14 The National Data Sources column of the Management Report, measures #9 and #24, show 58 SIUs discharging to approved
pretreatment programs, with 98.3% covered by control mechanisms (permits issued by the POTWs), respectively. These
values are based on PCS data as of June 12, 2004. At that time, prior to data clean-up by the State, the SIU data for a number
of programs was based on inspections that took place several years ago.
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to the effluent guidelines in 40 CFR Chapter I, Subchapter N, and maintains open communication with
the public at large via phone and e-mail regarding potential SIUs.
Of the 14 approved pretreatment programs in Louisiana, approximately 20% or 3 pretreatment cities are
audited per year and an additional 5 are inspected. During the auditing process, LDEQ visits numerous
contributing industries of each city and provides technical guidance as needed. This method helps to
ensure that LDEQ audits 100% of the approved pretreatment programs every 5 years. The pretreatment
program audits are conducted with skill and knowledge and the reports are well written. The audit
reports identify deficiencies, make recommendations to improve the program, and suggest modifications
to the pretreatment program to return the POTW pretreatment program to compliance with the
pretreatment regulations (40 CFR part 403).
LDEQ's goal is to complete and issue the audit report within 60 days after the field work is complete,
but in no case later than the end of the quarter of the inspection year following when the field work was
conducted. Pretreatment audit findings (deficiencies with CFR part 403 and/or the city's pretreatment
program) are forwarded to the POTW, which has 30 days to address deficiencies with proposed
corrective actions. If problems are found during an audit, LDEQ schedules a meeting with the POTW
pretreatment authority to provide clear notice that problems were identified that must be addressed, and
that failure could potentially result in the imposition of new effluent limits on the POTW.
Most deficiencies identified by the audits are administrative in nature and are resolved within 30 days.
For deficiencies that are not administrative in nature, the POTW is still given 30 days by the audit group
to address them with corrective actions. Progress reports from the POTW are due in the form of a
proposed compliance schedule with no longer than 90 days between reports. To date, no deficiencies
have required longer than 90 days to resolve. POTW annual reports are typically reviewed by LDEQ
within the inspection year quarter in which they are submitted. When deficiencies are noted, LDEQ
contacts the POTW to have simple corrections made immediately, or, in the case of more significant
problems, the POTW is given 30 days to submit corrections.
Receipt dates of annual pretreatment reports, pretreatment compliance inspection (PCI) reports and audit
reports are inputted into PCS. All audits, PCIs and annual reports are reviewed for compliance purposes
by the pretreatment staff and referrals are made to the Enforcement staff for areas of concern. Review of
pretreatment annual reports, audits and inspections are a part of the required LPDES facility file review
procedure for enforcement. LDEQ uses EPA guidance for determining POTW significant
noncompliance. LDEQ uses procedures and time frames set in the Enforcement Response Guide (ERG)
of the Enforcement Actions Standard Operating Procedures to resolve deficiencies identified in a
pretreatment audit. The procedures for enforcement include provisions for prioritizing violations and
include determination of the appropriate enforcement response.
As LDEQ pretreatment personnel continue to implement the pretreatment program, progress in issuing
permits to the SIUs discharging to POTWs without pretreatment programs and consistently completing
and issuing audit reports in a timely manner will enhance the effectiveness of the pretreatment program.
LDEQ managers have agreed to allocate 1 inspector in the north area of the State and 1 in the south area
to conduct pretreatment inspections. LDEQ anticipates that 3 audits and 5 PCIs will be conducted
during the July 1 - June 30 inspection year.
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EPA Region 6:
No POTWs in Indian Country have pretreatment programs. However, Region 6 works with the LDEQ
pretreatment program to improve sludge quality throughout the State.
3. Concentrated Animal Feeding Operations
The State of Louisiana:
Louisiana's CAFO program has been consistent with the 1970s CAFO regulations and effluent
guidelines. EPA Region 6 issued a statewide NPDES general permit covering Louisiana CAFOs in 1993
based on those federal CAFO regulations and guidelines. The 1993 general permit addressed some of
the "nine minimum standards" contained in the 2003 CAFO regulations and the pollution prevention
plan required by that permit contained many of the nutrient management plan elements listed in the new
CAFO regulations. The 1993 permit expired in 1998, but was administratively continued. In February
2004, Louisiana finalized its CAFO regulations to incorporate the new Federal CAFO regulations. There
are approximately 200 dry manure-handling poultry CAFOs, 4-5 horse CAFOs and no swine CAFOs in
Louisiana15. Louisiana is in the beginning stages of drafting a general permit for the CAFOs. They plan
to issue that general permit before the February 2006 deadline for "newly defined" CAFOs to seek
permit coverage. Louisiana plans to issue individual permits for the 4-5 other CAFOs. The horse
CAFOs were regulated under the administratively continued 1993 CAFO general permit. Louisiana is
currently on schedule to have their CAFO permits (general and individual) issued in a timely manner.
The Louisiana CAFO regulations require nutrient management plans (NMPs) to be implemented by
December 2006. Through a working partnership that LDEQ has with USDA on all agriculture- related
issues, the U.S. Department of Agriculture (USDA) will take the lead in assisting CAFOs in the
development of their NMPs. Louisiana will require use of the NRCS Technical Standard 590 (Natural
Resources Conservation Service (NRCS) Standards for nutrient management) for land application of
manure/litter. The Louisiana CAFO regulations require all of the other technical standards for
development of the NMPs to comply with the federal CAFO regulations. The Louisiana CAFO
regulations, and the permits when issued, will require NMPs to be implemented no later than December
31, 2006.
CAFO facilities are considered to be minor facilities and are inspected with the frequency of other
minor facilities, 25% to 33% per year.
EPA Region 6:
LDEQ received authorization to implement the NPDES program, including CAFO permitting, in 1996.
To date, there are no CAFO facilities in Indian Country.
15 The National Data Sources column of the Management Report, measure # 11, shows 103 CAFOs, based on an estimate of
CAFOs ultimately requiring coverage under the new federal regulations made in March 2004. As of November 2004, the
estimated number of dry manure-handling poultry facilities has risen from 100 to 200.
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4. Stormwater
The State of Louisiana:
LDEQ has current general permits for Phase I construction activities, industrial activities, Phase II small
MS4s and Phase II small construction activities. All Phase I MS4s have received initial permits and the
State is in the process of reissuance. As of July 2004, one Phase I permit is expired, but has been drafted
and reviewed by EPA and is awaiting proposal. The State has a tracking database for NOIs. Small
construction activities, as defined by 40 CFR 122.26(b)15, are not required to submit NOIs. All
necessary facility data are tracked in TEMPO. Application requirements for small Phase IIMS4 permit
is consistent with 40 CFR 122.33(b)(1).
EPA Region 6:
Region 6 issues stormwater general permits in Louisiana for discharges in Indian Country. All
stormwater general permits (construction and industrial) are reviewed by the Region, and are current.
Region 6 uses the National NOI Center to track the construction (combination Phase I and n) and
industrial stormwater general permits.
5. Combined Sewer Overflows/Sanitary Sewer Overflows
The State of Louisiana:
Louisiana municipalities were not constructed using combined sewer systems. Consequently, Louisiana
does not have any combined sewer systems. Therefore, there are no requirements for development of
long-term control plans (LTCPs) for CSOs.
In the case of SSOs, there is a notification requirement in the State's regulations that is binding upon the
owner/operator of the sewer system. The Department of Health and Hospitals is responsible for issuing
public health advisories. LDEQ maintains a hotline to facilitate reports of discharges that could
endanger public health. Should there be an event that constitutes a human health emergency, LDEQ may
take action authorized by the Emergency Notification Rule.
SSOs are reported to the Enforcement Division and the Surveillance Division. In addition, the owner of
a facility, through its responsible individual, must notify appropriate local government officials and the
local media whenever SSOs occur. Releases to be reported include, but are not limited to, those that will
affect a public or private source of drinking water; or a spill of 100,000 gallons or more. The notice
must be issued immediately, but no later than 24 hours after becoming aware of the release.
LDEQ requires facilities to properly operate and maintain collection systems to reduce inflow and
infiltration. This is a requirement that is included in permits as a standard condition. LDEQ incorporates
standard bypass reporting requirements in permits.
LDEQ permits contain reporting requirements for the permittee to report all overflows in the discharge
monitoring report. Overflows that endanger health or the environment shall be orally reported within 24
hours, with a written report to follow in 5 days. For major facilities, receipt of the overflow reports is
inputted into the facility's violation summary log. In accordance with LPDES facility file review
procedures, the LDEQ enforcement staff review these reports for possible enforcement action. Formal
enforcement actions may require facilities to submit a compliance schedule with milestones for the
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identification of inflow and infiltration problems and repair of collection system lines. The schedule can
then be placed in a formal enforcement action.
The State agency also coordinates with EPA in addressing SSOs. The NPDES Permits Branch
developed a guidance document, "Strategy for Permitting Discharges of Wet Weather-Related Peak
Flows," dated December 16, 1998. The State of Louisiana, as well as the other Region 6 States, operates
in accordance with federal regulations for secondary treatment and with the guidance document.
EPA Region 6:
There are no combined sewer systems in Louisiana.
SSO Reporting: One minor Indian Country permit (LA0050971 Chitamacha Tribe) requires submittal of
DMRs and reporting of SSOs. These same provisions are included in all NPDES permits issued by
Region 6.
6. Biosolids
The State of Louisiana:
Louisiana has promulgated sludge regulations, but the State has not formally received authority to
administer the sludge program. Thus, the regulations will not become effective until the State assumes
the sludge program. LDEQ has not submitted a formal application for assumption of the sludge
program, and currently indicates no interest in assuming the program in the near future.
However, regulations in the LDEQ solid waste program address proper sludge handling. The following
actions have been completed during the development of sludge regulations:
• A preliminary draft of the sludge regulations was submitted for EPA's review and comment on
September?, 1999;
• Draft sludge regulations were published in the Louisiana Register on August 20, 1999;
• Siting, operations, and financial assurance for commercial blenders, composters, and mixers of
sewage sludge were incorporated into the proposed regulations; and
• A review for correct citations, spelling, and grammatical errors, as well as fine tuning was
completed.
EPA Region 6:
The NPDES sludge (biosolids) program is directly implemented by EPA Region 6 under the federal
regulations contained in 40 CFR part 503 biosolids rule. The part 503 rule includes five subparts:
general provisions, requirements for land application, surface disposal, pathogen and vector attraction
reduction, and incineration. For each of the regulated use or disposal practices, a part 503 standard
includes general requirements, pollutant limits, management practices, operational standards, and
requirements for the frequency of monitoring, record keeping, and reporting.
EPA Region 6 regulates discharges, including sludge disposal, of Class I facilities (facilities that
produce sludge which may adversely impact the environment) by way of EPA-issued NPDES permits.
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Other facilities operate in accordance with the self-implementing regulations found in 40 CFR part 503.
Region 6's NPDES Permits Branch and Water Enforcement Branch provide assistance to and oversight
of all sludge disposers.
In 1998, Region 6 issued a biosolids land application general permit for Louisiana. In Indian Country,
where EPA authors NPDES permits, sludge disposal requirements are included as Part 4 in each
discharge permit. The NPDES Permits Branch provides assistance to States and individuals with
questions regarding interpretation of 40 CFR part 503. The Water Enforcement Branch receives the
annual reports required from Class I sludge facilities in February of each year, investigates compliance
concerns, and performs inspections. Most regulation interpretation and compliance concerns are
discussed jointly between the NPDES Permits Branch and Water Enforcement Branch.
Biosolids requirements are included as part of the individual NPDES permit. The measurement
requirements for biosolids are entered into PCS along with all other permit requirements. The
information is printed onto DMRs that are provided to the permittee along with instructions for
reporting. This information is required to be submitted to EPA on an annual basis. The forms are
reviewed for completeness, timeliness and accuracy and the results are entered into PCS for
measurement against the requirements. If violations are detected they are addressed by either formal or
informal enforcement actions. Facilities that land apply or surface dispose of sewage sludge are
responsible for submitting the additional information required in parts 503.18 or 503.28. Facilities that
dispose of sewage sludge by incineration are required to provide the information required in part 503.48.
This information must be attached to the original copy of the DMR forms when submitted to EPA.
For the calendar year 2003 there were 62,490.67 tons of sludge reported as produced and 10,766.26 tons
reported as being land applied. These results showed that 17% of the sludge produced for that year was
land applied.
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Section III. NPDES Compliance Monitoring
and Enforcement Response
In a separate initiative, EPA 's Office of Enforcement and Compliance Assurance (OECA), EPA Regions, and
the Environmental Council of the States have developed a tool for assessing State performance in enforcement
and compliance assurance to ensure that States meet agreed-upon minimum performance levels and provide a
consistent level of environmental and public health protection nationwide. OECA will use the State profiles to
focus these efforts and identify areas needing further discussion and evaluation.
1. Enforcement Program
The State of Louisiana:
The LDEQ has prepared and utilizes a set of Standard Operating Procedures (SOPs) that describe the
various aspects of the authorized program. Included in this group of documents is a section that
describes the enforcement program and the process for carrying out the related tasks. Section 1215 of
the Enforcement Action SOP includes guidance on how violations are identified, as well as the time
frames for and type of actions to be issued for addressing these violations. The documents include
violation review action criteria that serve as a screening device to assure that LPDES enforcement
resources are concentrated on the most significant violations. The violations are detected from both the
quarterly noncompliance report (QNCR) criteria and reviews by the Permit Compliance Unit staff. The
Enforcement SOP also includes an enforcement response guide that is used by the enforcement
personnel. A goal has been to address violations when major facilities appear as significant
noncompliance (SNC)) for two consecutive quarters. This guide is consistent with the EPA Enforcement
Response Guide and is used to assist in selecting the most appropriate response or set of responses to
instances of noncompliance. When making determinations on the level of enforcement response, the
Enforcement staff utilizes this guide in addition to exercising professional judgment, including
consideration of factors such as severity of violations, duration, compliance history, deterrent effect,
environmental impact, impact on the integrity of the program, fairness and equity, consistency, and the
like.
Based on data maintained at EPA, the SNC rate for the facilities under the enforcement authority of the
State of Louisiana was as follows: FY2001 - 16%, FY2002 - 19%, and FY2003 - 17%16. The percent of
those facilities addressed by formal enforcement actions over the same time period averaged 70%.
The number of facilities in SNC for effluent violations excluding paperwork and reporting issues was:
FY2001 - 18, FY2002 - 27, and FY2003 - 28. The average percent of those violations addressed by
formal enforcement action was 82%. The numbers of formal enforcement actions issued over the past
three years by LDEQ to major and minor facilities were: FY2001 - 51 to major facilities, 192 to minor
16 The National Data Sources column of the Management Report, measure #34, shows 23% of major facilities in SNC for
FY2003. The 23% includes all major facilities located in Louisiana, while the percentages cited above do not include facilities
that were under the enforcement authority of EPA during each of the fiscal years. (Refer to the EPA Region 6 portion of this
section for additional information.)
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facilities; FY2002 - 40 to major facilities, 199 to minor facilities; and FY2003 - 50 to major facilities,
218 to minor facilities.17
Penalties are determined in accordance with the Department's Penalty Regulations found in the LAC
33:1. Chapter 7. These regulations require consideration of the nine factors established by La.R.S.
30:2025(E)(3):
1. history of previous violations or repeated noncompliance;
2. nature and gravity of the violation:
3. gross revenues generated by the respondent:
4. degree of culpability, recalcitrance, defiance, or indifference to regulations or orders;
5. monetary benefits realized through noncompliance;
6. degree of risk to human health or property caused by the violation;
7. whether the noncompliance was immediately reported or if there was intent to conceal;
8. whether the person charged has failed to mitigate or make reasonable attempt to mitigate;
9. costs of bringing and prosecuting an enforcement action.
In the event that the respondent does not achieve compliance within a specified time frame, LDEQ is
committed to consider proceeding with escalation through the full range of enforcement authorized by
law, including issuing penalty assessment, entering into a settlement agreement, filing for an injunction
or temporary restraining order, or a referral for criminal investigation. An example of when the State
would not escalate would be when continuing effluent violations occur at a facility in compliance with
an enforceable schedule to address the violations. When a file review reveals that a facility has been
issued a previous enforcement action or has a history of repeat noncompliance, the subsequent action is
escalated in accordance with the Enforcement Division's SOPs. Consideration of economic benefit is a
part of all penalty assessments associated with unilateral orders. If there is an economic benefit, then it
is included in the penalty assessment. LDEQ regulations require that economic benefit is recovered in
all penalty actions.
Louisiana law provides that a person who has received a compliance order or penalty assessment (a
"respondent") has the right to an adjudicatory hearing on a disputed issue of material fact or of law. This
right is exercised by filing a request for a hearing with the secretary of LDEQ no later than 30 days after
notice of action. This hearing must either be granted or denied within 30 days unless an agreement is
entered into by both parties for a dispute resolution. This dispute should be resolved within a one year
17 The National Data Sources column of the Management Report, measures #37 and #38, show 41formal enforcement actions at
majors and 219 formal enforcement actions at minors, respectively. The 50 actions at majors cited above includes 7 settlement
agreements and two additional enforcement actions that were not included in the national data count due to changes in PCS
coding conventions.
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maximum. During the period of resolution the violations are considered to be allegations, but in most
cases LDEQ continues to work with the facility toward achieving compliance.
LDEQ does not refer enforcement to the State's Attorney General's (AG's) Office. Only settlements and
ex parte petitions are sent to the AG's office for approval. LDEQ in-house counsel, through the normal
enforcement process, handles all other actions including hearing requests, hearings, dispute resolution,
resolution of other actions, and other matters. The in-house legal staff (Legal Division) must get AG
office approval to represent LDEQ in civil actions (lawsuits) to enforce the CWA.
During the last 2-3 years, a larger number of actions have been resolved through the settlement
process, which resulted in a decrease in the amount of penalties assessed and collected and an increase
in the amount of settlements.
Both TEMPO and PCS are used to track compliance with enforcement actions such as compliance
orders and settlement agreements with compliance schedules and Beneficial Environmental Projects
(BEPs). One-hundred percent of required actions are monitored for compliance and regularized
retrievals are performed to check responses to the orders. If an order requires physical, operational or
administrative changes to a regulated facility, then the Surveillance Division inspects the facility for
compliance within six months of the effective date in the order. Any objective evidence of
noncompliance with the order would be used for preparing a referral for escalated enforcement action.
The value of injunctive relief for civil enforcement actions is not tracked and not available for the last 3
years.
Penalty Assessments: LDEQ issues penalty assessments in unilateral orders. Penalty amounts are
calculated in accordance with regulations found at LAC 33:I.Chapter 7. Penalty Assessments are not
negotiated with the respondent.
Table 3: Water Penalty Assessments
Year
Total Penalty Assessed
Amount Collected as of 01/10/05*
2001
$ 1,771,092.90
$ 1,162,251.90
2002
$667,951.36
$ 161,381.26**
2003
$ 180,451.27
$ 135,786.64
2004
$ 13,646.73
$2,400.00**
TOTAL
$2,633,142.26
$ 1,461,819.39
* The penalty collected and the penalty amount assessed may not be the same for various reasons:
- Respondent may request a hearing for a penalty assessment. If a hearing is requested, penalty payments are not due until the
action is final, therefore, the penalty payment is not due. During the hearing process the respondent may offer a settlement to
resolve the penalty or go to hearing.
- If the respondent is in bankruptcy, LDEQ pursues payment under bankruptcy laws.
- The Department may have agreed to accept installment payments, and all payments have not yet been received.
- The respondent may fail to respond or pay the penalty, in which case LDEQ files a petition with the court to make the penalty
executory. The penalty then becomes an order of the court.
- For penalty assessments issued in late December 2004, the penalty payment is not yet due as of 01/10/05.
**Does not include amount received in settlement. Settlement amounts are listed in table below.
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Table 4: Multimedia Penalty Assessments
(Pena
ty Assessments Include those with a Water Component)
Year
Total Penalty Assessed
Amount Collected as of 01/10/05 *
2004
$ 139,014.97
$40,173.31
TOTAL
$ 139,014.97
$40,173.31
* See Table 3.
Settlement Agreements: In recent years, LDEQ has greatly expanded the use of Settlement Agreements
to address violations. Many settlements offers are received soon after issuance of the enforcement action
that puts the respondent on notice that a penalty is being considered. As such, the number of Penalty
Assessments has declined somewhat, while the number of Settlement Agreements has significantly
increased. In order to work more efficiently, LDEQ typically incorporates all media violations into
settlement agreements when possible, thereby increasing the number of multimedia settlement
agreements. The tables below show the value of Settlement Agreements finalized by LDEQ. This table
includes settlements of Penalty Assessments.
Table 5: Water-Only Settlement Agreements
Year
Cash Amount
Amount Paid
BEP Amount
2001
$ 539,863.00
$ 539,863.00
$ 1,045,000.00
2002
$ 80,000.00
$ 80,000.00
$ 150,000.00
2003
$ 179,500.00
$ 179,500.00
$ 811,000.00
2004
$ 123,023.00
$ 123,023.00
$35,000.00
TOTAL
$ 922,386.00
$ 922,386.00
$ 2,041,000.00
Table 6: Multimedia Sett
ements with Water Components
Year
Cash Amount
Amount Paid
BEP Amount
2001
$ 515,730.00
$ 515,730.00
$ 4,030,000.00
2002
$ 1,400,000.00
$ 1,400,000.00
$ 2,975,000.00
2003
$ 2,240,000.00
$ 2,240,000.00
$7,158,000.00
2004
$ 1,050,976.00
$ 800,976.00*
$ 8,444,000.00
TOTAL
$ 5,206,706.000
$ 4,956,706.00
$ 22,607,000.00
*Balance not yet due as of 01/10/05.
LDEQ may also join EPA as a party in a Consent Decree.
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Table 7: Joint Consent Decrees with EPA
Year
Cash Amount
Amount Paid
BEP Amount
2002
$ 364,750
$ 364,750.00
$ 1,012,500.00
2004
$ 96,200
$ 70,500.00*
$0.00
TOTAL
$ 460,950
$435,250.00
$ 1,012,500.00
*Balance not yet due as of 01/10/05.
Table 8: SUMMARY
Penalty Assessments, Settlement Agreements, and Joint Consent Decrees
Year
Total Cash
Total Collected as of 01/10/05
BEP Amount
2001
$ 2,862,685.90
$2,217,844.90
$ 5,075,000.00
2002
$2,512,401.36
$2,006,131.26
$4,137,500.00
2003
$2,599,951.27
$2,715,286.64
$ 7,969,000.00
2004
$ 1,422,860.70
$ 1,037,072.31
$ 8,479,000.00
TOTAL
$9,362,199.23
$ 7,976,633.11
$ 25,660,500.00
EPA Region 6:
EPA retained enforcement lead over permittees that were subject to ongoing EPA enforcement actions.
During FY2001, EPA retained enforcement authority for 78 major facilities with 28 in SNC status, in
FY2002, 55 major facilities with 20 in SNC status and in FY2003, 43 major facilities with 20 in SNC
status. These facilities were on long-term compliance schedules from Consent Decrees and
Administrative Orders and were transferred to LDEQ upon final resolution of the enforcement action.
The NPDES sludge (biosolids) program is directly implemented by EPA Region 6 under the federal
regulations contained in 40 CFR part 503 biosolids rule. The part 503 rule includes five subparts:
general provisions, requirements for land application, surface disposal, pathogen and vector attraction
reduction, and incineration. For each of the regulated use or disposal practices, a part 503 standard
includes general requirements, pollutant limits, management practices, operational standards, and
requirements for the frequency of monitoring, record keeping, and reporting.
Part 503 applies to any person who applies biosolids to the land or fires biosolids in a biosolids
incinerator, the owner/operator of a surface disposal site, or to any person who is a preparer of biosolids
for use, incineration, or disposal.
The part 503 rule requires reporting for the following type of facilities: all POTWs that service a
population of 10,000 or greater, all POTWs with a design flow rate equal to or greater than one million
gallons per day (1 mgd), Class I biosolids management facilities that are POTWs and required to have
an approved pretreatment program (5 mgd or greater, as per 40 CFR part 403.3.a) and treatment works
that EPA or the State have classified as Class I because of the potential to negatively affect public health
and the environment.
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The part 503 rule is self-implementing (i.e., compliance is required regardless of whether a permit
contains the conditions) and must be followed even without the issuance of a permit. EPA can take
enforcement actions directly against persons who violate the part 503 requirements. Violations of these
requirements are addressed in the same manner as other violations of the NPDES program.
The Region utilizes the information in the Enforcement Response Guide included in the Enforcement
Management System (EMS) Manual. The Guide recommends enforcement responses that are timely and
appropriate in relationship to the nature and severity of the violation and the overall degree of
noncompliance. It also provides guidance to ensure uniform application of enforcement responses to
comparable levels and types of violations.
In addition to the Guide, the staff considers the degree of variance from the permit condition or legal
requirement, the duration of the violation, previous enforcement actions taken against the violator, and
the deterrent effect of the response in similar situations. Other considerations are fairness and equity,
national consistency and the integrity of the NPDES program.
The enforcement staff ensures the adequacy and validity of economic, technical, and scientific data and
findings by developing and issuing appropriate enforcement actions, which include administrative
orders, administrative penalty orders, and initiating and developing enforcement referrals. All
enforcement orders that include compliance schedule requirements and progress reports are entered into
PCS along with the required completion date(s). Reports are routinely retrieved from PCS to verify that
requirements of the compliance schedule have been adequately completed.
During the period beginning January 1999 to June 2004, there have been a total of 27 enforcement
actions issued for sludge violations at Louisiana facilities. These enforcement actions were issued
primarily for missing DMRs rather than for SNC violations related to failure to meet effluent limits.
2. Record Keeping and Reporting
The State of Louisiana:
LDEQ uses the EDMS approach to records management. This system involves the creation of scanned
file images for virtually all paper documents that would otherwise be maintained in manual file systems.
Penalty worksheets and settlement rationales are indexed, scanned and stored in this system. Since
DMRs do not scan well, they continue to be maintained as paper records in files onsite. In response to
concerns raised by the public as well as EPA, LDEQ has reviewed and implemented enhancements to
the indexing and accessibility of documents, making the system more user friendly.
Permitting and compliance data is maintained in TEMPO and in the PCS national data system. This data
is entered into the PCS system within 30 days from the date of receipt.
EPA Region 6:
Data reported in accordance with the measurement requirements are maintained in the PCS database and
is easily accessible. The hard copy documents that are submitted to EPA by the permittees are
maintained as paper records in files in the EPA Record Center.
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3. Inspections
The State of Louisiana:
The Surveillance Division is responsible for inspecting permitted and un-permitted facilities that have a
surface water discharge and for responding to environmental incidents. The Regional Surveillance
Division office conducts routine inspections of permitted major and minor dischargers via unannounced
visits in accordance with procedures contained in the NPDES Compliance Inspection Manual and the
LDEQ "Compliance Inspections Conducted by OEC/Surveillance Personnel" SOP. LDEQ considers
minor facilities with individual permits and minor facilities with general permits as equally subject to
inspection targeting for compliance assurance interventions. Citizen complaints are a major workload
for the Surveillance Division. There are approximately 4,000 - 5,000 calls received from citizens each
year. Of those, 500 - 700 involve incidents that require field investigations to determine compliance
with LPDES regulations. The goal is to initiate investigation of each complaint within 5 days of
notification. Minor facilities not considered to be significant are inspected at the rate of 25 - 33% each
year, including CAFO facilities. LDEQ anticipates that approximately 1,500 planned minor inspections
will be conducted during the year, in addition to those that will result from spills and complaints. Each
facility inspection includes a stormwater component. Industrial stormwater permits are inspected at the
same rate as other minor facilities, but due to their short activity period, construction stormwater sites
are inspected only in response to complaints.
LDEQ and EPA have agreed and included requirements in the PPG that LDEQ will conduct inspections
each year at 90% of the major facilities, 92-500 minor facilities and significant minor facilities. The
significant minor facilities have been identified for the current inspection year as those minor facilities
included in a Consent Decree (approximately 172 facilities). The LDEQ Compliance Monitoring
Strategy is utilized in selecting facilities to be included in the universe of major facilities to be inspected
because one of the criteria in the strategy is "Any grant or funding commitments made by the
department," which includes the commitment made to the EPA to conduct annual inspections at
virtually all major water facilities in the State. Records maintained at EPA indicate that LDEQ
conducted inspections at more than 90% of the major and 92-500 minor facilities during the 2002 and
2003 inspection years. In the future, because of national priorities, the percent may be reduced and at
that time such factors for selection will be considered as environmental harm, location, and compliance
history. LDEQ is required to develop an annual inspection plan in accordance with the inspection
frequency criteria. This specific compliance strategy gives LDEQ the latitude to target sectors,
geographic locations and specific pollutants to achieve new benefits. When an annual inspection goal is
less than all (approximately 90%) of a given universe of facility types, the criteria contained in the
LDEQ Compliance Monitoring Strategy are used to determine what portion of that universe will be
inspected. From an enforcement perspective, cases involving major facilities in significant
noncompliance, citizens' complaints that reveal areas of concern, or instances of measurable harm to
human health or the environment are given a high priority.
Before initiating a compliance inspection, regional personnel perform a compliance review of the
permitted facility by a file search of previous inspection reports, DMRs and incident reports. File
reviews have resulted in the need for an inspection. When an enforcement action is issued for inspection
violations, a follow-up inspection is conducted to verify compliance with the requirements of the action
for the purpose of determining compliance and closing the action.
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EPA Region 6:
Biosolids requirements are included as part of the individual NPDES permit. Inspections relating to the
sludge processes are conducted as a part of the facility's inspection. EPA is in the process of
establishing a strategy for conducting inspections of the sludge portion of the facility where enforcement
authority for the facility is with the State.
EPA enforcement engineers are developing a septic hauler program which is currently in the pilot stage.
EPA headquarters has already approved an Expedited Settlement Offer (ESO) document. Region 6
coordinated with the Louisiana Department of Health and Hospitals and LDEQ to conduct septic hauler
inspections during August 2004. The Regional staff also planned to conduct a one-day workshop with
the Louisiana regulators before conducting the fieldwork. The August inspections were to provide an
opportunity for Region 6 to implement the use of the ESO. The Regional staff, in coordination with the
State, hosted an informational seminar for the septic haulers during the week of May 16-20, 2005, in
Mandeville and Lafayette, Louisiana. Major facilities are inspected at the rate of 90% each year and
minor facilities are inspected once every 5 years.
4. Compliance Assistance
The State of Louisiana:
LDEQ conducts outreach and compliance assistance in a number of ways. Program staff participate in
seminars throughout the State to teach permittees how to properly complete discharge monitoring
reports, how and when to report noncompliance with permits, and how to comply with other aspects of
the rules and the permit conditions. In addition, seminars are conducted to provide information to
targeted industry sectors (construction, oil and gas, community sewage treatment, and the like).
Surveillance inspectors are frequently asked to assist in the field. They provide assistance to the
regulated community. LDEQ also maintains a Small Business Assistance Program (SBAP) consisting of
three major components: Technical Assistance, Small Business Ombudsman and the Compliance
Advisory Panel. The core mission of the non-regulatory SBAP is to provide technical assistance to small
business owners in complying with State and federal environmental regulations. The SBAP handles the
entire process and has a process in place for measuring success.
The assistance provided by the surveillance inspectors and enforcement staff cannot be quantified
except through evaluating improvement in the performance of the regulated community.
EPA Region 6:
Each facility that is required to monitor and submit results for sludge have been provided with a
document including seven pages of instructions that explain each requirement and specifies how that
information should be reflected on the DMR. The document also includes the EPA Region 6 Web site
that can be accessed at http://www.epa.g0v/earthlr6/6en/w/sludge in order to view the updated version
of the sludge regulations.
The outcome of this compliance assistance is measured by the improvement in the quality and
timeliness of the data provided by the permittees. This results in having more accurate and complete
data reflected in PCS and having that data reflected timely.
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Section IV. Related Water Programs
and Environmental Outcomes
1. Monitoring
The State of Louisiana has implemented a comprehensive statewide water quality monitoring strategy
since the early 1970s. The State began ambient monitoring of water quality in 1958 and has maintained
an ambient water quality monitoring program since then. The State's monitoring program includes
compliance monitoring, fish tissue contaminants monitoring, "toxics" monitoring in the major industrial
corridors, reference stream characterization, and surveys for wasteload allocations (WLA) and TMDL
development. Since 1998 the State has further expanded its efforts to conduct surveys to support WLAs
and TMDL modeling by adding staff to a survey team dedicated to stream surveys and other special
studies such as use attainability analyses. This group also conducts special studies on an as-needed basis
to support the various permit development activities. This includes instream sampling of receiving
streams that are not included in the statewide ambient monitoring network.
LDEQ has developed a large fixed-station network of water quality monitoring locations from which
trend information is available over a period of decades. In order to expand its ambient monitoring
program to include more waterbodies, the State adopted a rotating basin approach in 1998 based on
sampling all basins in the State during a five-year period. In 2004, the State updated the rotating basin
schedule to a four-year cycle, which will provide updated ambient water quality basin information on a
4-year frequency. The network includes 483 stations, approximately one quarter of which are sampled
monthly over a one-year timeframe with a return frequency of every four years. This is accomplished by
prioritized monitoring within each LDEQ Region where 25% of all regional sub-segments within
25% of the basins are sampled monthly for a one-year period with a four-year recurrence interval. A
new quarter of the sub-segments are sampled each year. LDEQ maintains 21 long-term fixed station
sites on Louisiana's major rivers. These stations are sampled monthly each year. Results from sampling
performed at sites within the fixed station network are used to prepare the 305(b) report and to
determine waterbody attainment of water quality standards and can be used for assessing trends.
While Louisiana has implemented its comprehensive monitoring strategy for more than 30 years, the
strategy has not been formally described in a singular document entitled as such. The State has
described its monitoring strategy and various water quality monitoring program activities in its biennial
water quality inventory prepared under CWA section 305(b) and other documents throughout the past
20 years. Louisiana is now developing a monitoring strategy document following the EPA's Elements of
a State Water Quality Monitoring Program guidance. LDEQ submitted a draft monitoring strategy to
EPA in early 2004, as outlined in the LDEQ/EPA PPG. The monitoring strategy is currently being
reviewed by Region 6 for consistency with the Elements of a State Water Quality Monitoring Program
guidance. LDEQ indicated that it has continued to further develop the document to address the ten
elements outlined in the EPA guidance. LDEQ anticipates submitting a revised draft monitoring strategy
in 2005. The Monitoring Program document will contain overview information regarding DEQ's
monitoring program and will provide a mapping to existing documents that duplicate elements in EPA's
guidance document (e.g., quality assurance project plans, 305(b) Report, PPG, and the like).
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2. Environmental Outcomes
The State of Louisiana:
Using the data collected through the State's ambient monitoring program, LDEQ assesses water quality
conditions every two years and reports the results in the biennial water quality inventory prepared under
CWA section 305(b) and list of impaired waters prepared under CWA section 303(d). Based on
Louisiana's 2000 Integrated Report (combining the 305(b) and 303(d) lists), as reflected in the
Management Report, 40.0% of Louisiana's assessed rivers were impaired for swimming at that time.
For Louisiana's lakes and reservoirs, only 8.0% were impaired for swimming. LDEQ has submitted new
data that now shows that 38.4% of Louisiana's assessed rivers are impaired for swimming and for
Louisiana's lakes and reservoirs, only 6.0% are impaired for swimming.
Environmental outcomes are also monitored as part of the State's nonpoint source program. The CWA
section 319 grant program in Louisiana receives approximately $5 million each year to support nonpoint
source management and implementation projects. Since these are 3-year grants, during any given year
Louisiana's nonpoint source program staff manages approximately $25 million in 319 funds and 50 - 75
implementation projects. The majority of these projects include some level of monitoring to determine
effectiveness of best management practices (BMPs) and outcomes and success of the project. This is
reported in the annual nonpoint source program report that is submitted to EPA.
3. Water Quality Standards
The State of Louisiana:
Louisiana's water quality standards are designed to protect the designated uses (actual existing uses and
attainable uses) of the State's surface waters. The designated uses for specific waterbodies are listed in
the State's Water Quality Regulations, LAC 33:IX.l 123. Louisiana relies on national criteria developed
under section 304(a) of the CWA for the protection of aquatic life and human health unless the State has
developed independent, scientifically relevant information to support the adoption of different criteria.
All proposed water quality standards and revisions to the water quality standards go through a rigorous
public review process before adoption as State standards. EPA reviews the proposed water quality
standards and must approve them prior to implementation.
Louisiana reviews and revises its water quality standards on an on-going basis, making revisions as
needed. The State of Louisiana initiated a triennial review in 2003 and has been reviewing the water
quality standards regulations in their entirety since that initiation. The review and revision are
continuing, though a public hearing has not yet been held18. Revision of numeric criteria is crucial to
ensure that appropriate water quality criteria are in place, as they form the basis for permit effluent
limitations and WLAs and TMDLs. EPA has received LDEQ's nutrient criteria plan and it is currently
under review. EPA's review and comments on the plan will be provided to LDEQ by July 2005.
Many of the State's criteria revisions have and will involve criteria for dissolved oxygen. Due to the
natural conditions in Louisiana (low flow, no slope, warm temperatures, high organic matter loading
from forests, swamps, and marshes), many waterbodies in Louisiana do not attain the existing dissolved
18 The National Data Sources column of the Management Report, measure #44, shows that Louisiana has completed an on-time
triennial review. Though Louisiana has initiated a triennial review, the definition of completing a triennial review for this
measure is having held a public hearing, which Louisiana has not done in the past three years.
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oxygen criteria during summer months. Several use attainability analyses have been conducted and site-
specific criteria developed. However, LDEQ is working toward streamlining the processes for
establishing more appropriate water quality criteria for dissolved oxygen.
The technical information base used to determine appropriate standards for revision or addition includes
the following:
Water quality literature (including EPA's Integrated Risk Information System (IRIS) for toxicity data,
or SETAC (Society for Environmental Toxicity and Chemistry)
Water quality data from the State water quality monitoring network (ambient)
Experience of field personnel
Special water quality survey data
Toxics Release Inventory data
DMR from dischargers from PCS
Compliance histories or reviews
Review of data associated with fish kills or spills
Fish tissue data
Louisiana was recognized for having developed methodologies for calculating State standards for the
protection of aquatic life and human health in the absence of national criteria. Louisiana has adopted
freshwater and marine aquatic life standards for 20 pollutants (19 priority toxic and 1 organoleptic
compound) and human health (HH) standards for 10 pollutants without national criteria
recommendations from EPA.
LDEQ has established an antidegradation policy that meets the requirements of 40 CFR 131.12. The
LDEQ's antidegradation policy and implementation plan for the anti degradation policy are found in
LAC 33:IX.l 109. A and LAC 33:IX.l 119, respectively. The policy and plan were developed with and
approved by EPA Region 6. The department worked in close cooperation with Region 6 staff to develop
the antidegradation policies and implementation procedures that are currently in the standards. The basic
principle of the antidegradation policy is that water quality criteria specified in the standards shall not be
violated, that designated uses will not be adversely impacted, and those waters where existing quality
exceeds the standards be maintained at their existing high or outstanding qualities. The implementation
plan for the antidegradation policy outlines specific procedures used by LDEQ to implement the policy.
Procedures that serve to implement the antidegradation policy are integrated into all water quality-
related activities within the department, such as TMDL development, wastewater discharge permitting,
and section 401 water quality certifications.
LDEQ is coordinating with the Department of Health and Hospitals in a pilot beach-monitoring program
to evaluate the EPA recommended indicator organisms for bacteria criteria. As this study is ongoing,
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LDEQ has delayed its promulgation of a new water quality standard using the EPA-recommended
indicator organisms pending the results of this study. LDEQ is also waiting for the results of EPA's
planned epidemiological studies that will hopefully provide support for the appropriate bacteria criteria.
4. Total Maximum Daily Loads
The State of Louisiana:
The Water Quality Assessment Division (WQAD) in the Office of Environmental Assessment provides
technical and advanced scientific support to the LPDES program on a routine basis. This group is
responsible for developing TMDLs for waterbodies throughout Louisiana. The TMDL determines the
assimilative capacity of receiving waters and establishes wasteload and load allocations necessary to
maintain water quality standards and protect the designated uses. The WLA is the basis for many
LPDES permit effluent limits. The WQAD also occasionally provides simplified modeling services to
assess the impact of specific proposed or modified discharges on waters not scheduled for TMDLs prior
to permit issuance. TMDLs are being implemented through the LPDES permitting program and the
nonpoint source program. LDEQ's Nonpoint Source (NPS) Unit develops watershed implementation
plans for all TMDLs approved by EPA, and this document includes enough information to support
selection of BMPs to address all pollutants of concern within the watershed.
TMDLs are currently being prepared for the State's waterbodies listed as impaired under CWA section
303(d), according to a Consent Decree schedule. Based on the Consent Decree agreement dated
April 2, 2002, EPA and LDEQ are required to complete 1,382 TMDLs by March 31, 2001 (backstop
date). According to the Consent Decree for the Barataria basin, LDEQ and EPA were expecting to
address 154 TMDL listings by March 31, 2005. As of the March 31, 2005 date, 149 of the 154 TMDL
listings had been addressed. For the 5 remaining TMDL listings, an extension until June 29, 2005 was
granted to complete the respective TMDLs. To meet the TMDL schedule, both EPA and LDEQ used
contractors to develop TMDLs for the Barataria basin.
The Office of Environmental Services (OES) is responsible for maintaining and enhancing the waters of
the State through the permit process. The Permitting Guidance Document For Implementing Louisiana
Surface Water Quality Standards (Vol. 3, Water Quality Management Plan) was developed in order to
ensure consistency in developing WQBELs for discharges, and contains the LPDES reasonable potential
policy and procedures for developing WQBELs in the absence of a TMDL. Permit writers are required
to follow this guidance. The document is available on the LDEQ Web site under Permits. OES has plans
to hire a TMDL implementation specialist to ensure that permits incorporate all applicable WLAs in
TMDLs. In addition, a senior environmental scientist in the WQAD provides assistance to the permits
staff, answering questions regarding interpretation and implementation of the TMDLs. The TMDLs
developed by LDEQ include recommended permit limits for the pollutant of concern based upon the
calculated WLA for affected discharges into the modeled watershed. If the discharge is not addressed in
the TMDL, LDEQ may perform a desktop model to justify permit limits. At the present time, permit
writers are familiar with the TMDLs that have been written for waterbodies involved in permit
discharges and WLAs are taken into account. The LPDES program tracks permits that are implementing
TMDLs in the same manner that all other permit requirements is tracked.
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EPA Region 6:
Status: EPA Region 6 is developing some TMDLs for Louisiana. The State and the Region negotiate the
specific TMDLs to be done by each in a specific year. The TMDL development for Louisiana is
controlled by a Consent Decree agreement reached between EPA and the plaintiffs. EPA has agreed to
complete specific TMDLs based on the agreed-upon schedule presented below. The court schedule has
been met. Of TMDLs completed through FY2003, about half included NPDES point sources.
Table 9: Schedule for Addressing Waterbody/Pollutant Combinations or TMDLs in Louisiana
Basin
Date Work Will Be
Initiated
State Target Completion
Date
EPA Backstop Due Date
Barataria (154)
March 31, 2002
March 31, 2004
March 31, 2005
Terrebonne (369)
March 31, 2003
March 31, 2007
March 31, 2008
Sabine (10)
March 31, 2005
March 31, 2007
March 31, 2008
Pearl (42)
March 31, 2006
March 31, 2008
March 31, 2008
Atchafalaya (29)*
March 31, 2006
March 31, 2009
March 31, 2010
Red (174)
March 31, 2005
March 31, 2007
March 31, 2008
Pontchartrain (309)*
March 31, 2007
March 31, 2011
March 31, 2012
Mississippi (64)*
March 31, 2006
March 31, 2010
March 31, 2011
* Waterbody/pollutant combinations listed for Toxic Pollutants within the Atchafalaya, Pontchartrain, and Mississippi basins will be
addressed within the first two years following the date work is initiated in each such basin. Toxic Pollutants are defined as those
pollutants listed in 40 CFR: 401.15.
Waterbody/pollutant combinations genetically listed under descriptions that may include toxic
pollutants, for example, including, but not limited to those listed for metals, priority organics, or priority
inorganics, will be evaluated to establish the individual pollutant(s) of concern within the generic
description and treated as toxic pollutants only to the extent that the individual pollutants of concern fall
within the definition of toxic pollutants provided above.
TMDLs are submitted as updates to the Water Quality Management Plan (WQMP). The WQMP
updates provide WQBELs.
Region 6 has developed an internal TMDL review process, prior to the public comment period on the
EPA-sponsored contractor developed TMDLs, for NPDES implementation of TMDL conditions. To
date, no Region 6-generated discharge permits for the State of Louisiana have implemented approved
TMDL conditions.
5. Safe Drinking Water Act
The State of Louisiana:
Through the permitting process, discharges to receiving waters identified with the designated use of
drinking water supply are screened against drinking water criteria established by the State water quality
standards. The Department of Health and Hospitals implements the Safe Drinking Water Act (SDWA)
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Louisiana
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in Louisiana. The SDWA Source Water Protection Program is administered by LDEQ in cooperation
with the Department of Health and Hospitals.
EPA Region 6:
Region 6 SDWA staff is seeking to provide input into the development of State water quality standards.
In particular, the Source Water Protection Branch (SWPB) is hoping to work with Region 6 water
quality standards staff and State staff to incorporate, where appropriate, human health drinking water
standards into the water quality standards development process. The SWPB hopes to accomplish this by
identifying all stream segments that have surface water intakes for public water supplies and by
identifying all public drinking water supply wells that are under the direct influence of surface water
stream segments for which standards are being developed.
Region 6 SDWA staff coordinate with the Region's NPDES permitting process primarily through active
participation on State teams that have been organized to facilitate coordination between EPA programs
and State environmental programs. In addition, protection programs authorized by the SDWA are
coordinated throughout the Region by Source Water Protection Branch staff participation on the
Region's Ground Water Coordination and Advisory Board. This inter-divisional group meets quarterly
to exchange program updates and to discuss coordination needs between EPA programs. Both of these
coordination tools will be instrumental in incorporating drinking water human health criteria into the
water quality standards development and NPDES permitting processes.
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Section V. Other Program Highlights
The State of Louisiana:
LDEQ has developed a list-serve system, where individuals can subscribe
(http://www.state.la.us/ldbc/listservpage/ldeq_pn_listserv.htm) to receive electronic versions of public
notices. These notices are also listed on LDEQ's Web site at
http://www.deq.state.la.us/news/PubNotice/. Individuals that sign up for the notification receive
regular notices regarding proposed permits, public hearings, and other permitting actions. Region 6 has
subscribed to this system and receives regular notices regarding proposed permits, public hearings, and
other permitting actions.
LDEQ's Web site also has the following:
• Listing of both permitting and enforcement actions
• Final Settlement Agreements and Settlement sent to the Attorney General's Office for concurrence
• Area for public input or suggestions for BEPs
LDEQ has an expedited penalty emergency rule that serves as a pilot program for quickly addressing
minor violations. LDEQ is also working on an eDMR project that will allow for electronic submittal of
DMR data.
In late 2004, the Enforcement and Records Management staff began a joint effort to develop procedures
for scanning DMRs to allow these documents to be accessed by EDMS. It is envisioned that the DMR
scanning project will be implemented in phases, with the first phase to include major facilities.
EPA Region 6:
Jointly issued permit: LDEQ and EPA worked together to jointly issue the LOOP, LLC (LA0049492)
permit. LOOP is a transport and storage facility for crude oil that has outfalls in both State and Federal
waters. The permit contains a total of 14 outfalls, 3 of which are located in Federal waters and are
therefore under EPA jurisdiction. LDEQ and EPA agreed to avoid issuance of 2 separate permits to
cover the outfalls by issuing the single, joint permit. Issuance of this permit expedited the process of
public notice and permit issuance, reduced the reporting burden for the permittee, and enhanced the
spirit of partnership and cooperation between the two agencies, among other benefits.
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Louisiana Department of Environmental Quality- Organizational Structure
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NPDES Management Report, Spring 2005
Louisiana
National Data Sources
Profile
Section
GPRA
Goal
Nat. Avg.
State
Activities
EPA
Activities
NPDES Progress
1
# major facilities (6,690 total)
1.1
n/a
246
0
2
# minor facilities covered by individual
permits (42,057 total)
1.1
n/a
1,449
2
3
# minor facilities covered by non-storm
water qeneral permits (39,183 total)
1.1
n/a
4,416
0
4
# priority permits
(TBD)
1.6
-
-
5
# pipes at facilities covered by individual
permits (142,761 total)
1.7
n/a
3,864
-
10
yrs. (56 total)
1.6
n/a
2
0
c
o
22
% priority permits issued as scheduled
(TBD '05)
1.6
95%
2005
-
-
"E
a)
E
a)
23
% pretreatment programs
inspected/audited during 5 yr. inspection
period
II. 2
85.3%
100.0%
-
E
24
% SI Us w/control mechanisms
II. 2
99.2%
98.3%
-
E
O)
25
% of CSO permittees with long-term
control plans developed or required
II. 5
75%
2008
82.2%
n/a
-
CL
26
% CAFOs covered by NPDES permits
II. 3
35%
3%
-
CO
LD
O
CL
Z
27
% biosolids facilities that have satisfied
part 503 requirements (TBD '05)
II. 6
-
-
28
# Phase 1 storm water permits issued but
not current (76 total)
II. 4
n/a
1
0
29
# Phase 1 storm water permits not yet
issued (5 total)
II. 4
n/a
0
0
30
Phase II storm water small MS4 permits
current (Y/N/D (draft))
(35 States)
II. 4
100%
states
2008
n/a
Y
n/a
31
Phase II storm water construction permit
current (Y/N/D (draft)) (49 States)
II. 4
100%
states
2008
n/a
Y
Y
"O
c
32
% major facilities inspected
III. 3
71%
91%
1%
O)
a)
33
(inspections at minors) / (total inspections
at majors and minors)
III. 3
76%
91%
17%
11
34
% major facilities in significant non-
compliance (SNC)
III.l
20%
23%
-
0>
= 1
35
% SNCs addressed by formal
enforcement action (FEA)
III.l
14%
53%
-
i |
36
% SNCs returned to compliance w/o FEA
III.l
70%
28%
-
° c
CO HI
ID
37
# FEAs at major facilities
(666 total)
III.l
n/a
41
8
CL
38
# FEAs at minor facilities
(1.660 total)
III.l
n/a
219
1
Additional Data
State EPA
Activities Activities
Explanation of Column Headers:
Profile Section: For each measure, this
column lists the section of the profile where
the program area (including any additional
data for the measure) is discussed.
National Data Sources: The information in
these two columns is drawn from two types of
sources:
(1) EPA-managed databases of record for the
national water program, such as PCS, the
National Assessment Database, and the
National TMDL Tracking System. NPDES
authorities are responsible for populating PCS
with required data elements and for assuring
the quality of the data. EPA is working to
phase in full use of NAD and NTTS as
national databases.
(2) Other tracking information maintained by
EPA Headquarters for program areas such as
CAFOs, CSOs, and storm water.
The definitions document accompanying this
Management Report provides a detailed
definition of each data element in the National
Data Sources columns.
Additional Data: These columns provide
additional data in cases where information
from other data sources differs from
information in the National Data Sources
column for reasons such as different timing of
the data "snapshot." Additional data should
generally adhere to the same narrative
definitions as data in the National Data
Sources, and should be derived using similar
processes and criteria. Our goal is to work
with the States on these discrepancies to
ensure consistent and accurate reporting. A
State contact is available who can respond to
queries. The profiles discuss each additional
data element.
State Activities: Information in these columns
reflects activities conducted by the State
program. (Shaded cells in these columns
indicate that the work may not be entirely the
State's responsibility, but a breakdown of the
data into EPA and State responsibilities is
unavailable.)
EPA Activities: Information in these columns
reflects activities conducted by the EPA
Region within the State.
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NPDES Management Report, Spring 2005
Louisiana
National Data Sources
Profile
Section
GPRA
Goal
Nat. Avg.
State
Activities
EPA
Activities
Water Quality Progress
39
River/stream miles
(3,419,857 total)
IV. 2
n/a
66,294
n/a
< c
•= .2
=5 2
44
On-time Water Quality Standards (WQS)
triennial review completed (42 States)
IV. 3
n/a
Y
n/a
11
•> "O
> <
45
# WQS submissions that have not been
fully acted on after 90 days (32 total)
IV. 3
<25%
submis-
sions
n/a
n/a
1
46
State is implementing a comprehensive
monitoring strategy (Y/N) (TBD)
IV. 1
all
states
2005
-
-
-
47
% river/stream miles assessed for
recreation
IV. 2
13.8%
14.1%
n/a
48
% river/stream miles assessed for aquatic
life
IV. 2
22.0%
14.2%
n/a
c
o
49
% lake acres assessed for recreation
IV. 2
49.4%
61.2%
n/a
c
50
% lake acres assessed for aquatic life
IV. 2
48.5%
61.2%
n/a
0)
Q_
£
51
# outstanding WQS disapprovals
(23 total)
IV. 3
n/a
0
n/a
§
a
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