Environmental Audit Exclusions & Confidentiality

Exclusions

Violations that are not eligible for relief under the audit program shall include, but not be limited to, violations:

1. that result in serious actual harm to the environment (LAC 33:I.7007.A.1);
2. that may present an imminent or substantial endangerment to the environment or public health
   (LAC 33:I.7007.A.2);
3. discovered by the Department or EPA prior to written disclosure of the violation to the Department
   (LAC 33:I.7007.A.3);
4. detected through monitoring, sampling, or auditing procedures that are required by statute, regulation, permit, judicial, or administrative order, or consent agreement (LAC 33:I.7007.A.4);
5. subject to the Chemical Accident Prevention Provisions of 40 CFR Part 68 and LAC 33:III.5901
   (LAC 33:I.7007.A.5);
6. that are deliberate and intentional (LAC 33:I.7007.A.6); or
7. that are the same or closely related at the same facility within the past three years (LAC 33:I.7007.A.7).

Confidentiality

While the voluntary self-audit regulations, specifically LAC 33:I.7011, grants confidentiality for a specified period, there are other existing regulations that allow or deny certain information from being deemed confidential.

The following information or records may be classified as confidential if the Secretary of LDEQ makes a written determination that confidentiality is necessary to:

1. prevent impairment of an ongoing investigation (LAC 33:I.501.B.1);
2. prevent prejudice to the final decision regarding a violation (LAC 33:I.501.B.2);
3. protect trade secrets (LAC 33:I.501.B.3);
4. protect proprietary secrets (LAC 33:I.501.B.4);
5. protect commercial or financial information (LAC 33:I.501.B.5); or
6. comply with federal or state law or regulation or a valid court order (LAC 33:I.501.B.6).

Pursuant to LAC 33:I.503.E, the following information is prohibited from being classified as confidential:

1. air emission data (LAC 33:I.503.E.1);
2. any permit or portion of a permit issued to a source in accordance with
   LAC 33:III.507 (LAC 33:I.503.E.2);
3. effluent and discharge data to surface water and groundwater (LAC 33:I.503.E.3);
4. the location and identification of any buried waste (LAC 33:I.503.E.4);
5. the name and address of any license, registration, or permit applicant or permittee (LAC 33:I.503.E.5);
6. all National Pollution Discharge Elimination System (NPDES), Louisiana Pollution Discharge Elimination System (LPDES), and other water discharge permit applications or permits and information required by LPDES application forms, including information submitted on the forms and any attachments used to supply information required by the forms (LAC 33:I.503.E.6);
7. any information required by law of regulation to be disclosed or made available to the public (LAC 33:I.503.E.7); and
8. any other information for which a claim of confidentiality is prohibited by law or regulation (LAC 33:I.503.E.8).