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During the 2019 Regular Session of the Louisiana Legislature a House Resolution (No. 231) was enacted which requires the Secretary of the Louisiana Department of Environmental Quality (“LDEQ”):
. . . to study the establishment of a voluntary compliance audit program for industries regulated by the Department and, no later than February 1, 2020, to submit to the House Committee on Natural Resources and Environment a written report containing a description of the elements of a proposed program, recommendations for legislation necessary for implementation of the program, whether or not a program is needed, and other information and concerns developed through the study process that would provide more insight into the program.
As a result of this House Resolution, LDEQ held a stakeholders’ session on August 7th that addressed two topics:
- A detailed discussion of the United States Environmental Protection Agency Voluntary Compliance Audit Program that has been in place since 2000
- Despite the absence of a specific self-audit policy, LDEQ’s historical efforts to use existing authorities to address various companies’ efforts to conduct self-audits
Note that the State of Arkansas has provided the Arkansas Department of Environmental Quality (“ADEQ”) the authority to address voluntary environmental compliance audit activities. As a result, ADEQ developed a number of years ago an Environmental Self-Disclosure Incentive Policy for companies that undertake such activities.
A copy of two sets of slides from the LDEQ stakeholder sessions can be downloaded here. House Resolution No. 231 can be downloaded here and the Arkansas Environmental Self-Disclosure Incentive Policy here.