BEP FAQs | Louisiana Department of Environmental Quality

Public Health. A public health project provides diagnostic, preventative, and/or remedial components of human health care that is related to the actual or potential damage to human health caused by a violation of environmental law or mismanagement of substances containing constituents detrimental to human health.

Public Health. SEPs may include examining residents in a community to determine if anyone has experienced any health problems because of the company’s violations.

Pollution Prevention. A pollution prevention project is one that reduces the generation of pollution through “source reduction,” i.e., any practice that reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise being released into the environment, prior to recycling, treatment, or disposal.

Pollution Prevention. These SEPs involve changes so that the company no longer generates some form of pollution. For example, a company may make its operation more efficient so that it avoids making a hazardous waste along with its product.

Pollution Reduction. A pollution reduction project is one that results in a decrease in the amount and/or toxicity of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise being released into the environment by an operating business or facility by a means which does not qualify as “pollution prevention.”

Pollution Reduction. These SEPs reduce the amount and/or danger presented by some form of pollution, often by providing better treatment and disposal of the pollutant.

Environmental Restoration and Protection. An environmental restoration and protection project is one that goes beyond repairing the damage caused by the violation to enhance the condition of any ecosystem or geographic area.

Environmental Restoration and Protection. These SEPs improve the condition of the land, air or water in the area damaged by the violation. For example, by purchasing land or developing conservation programs for the land, a company could protect a source of drinking water.

Assessments and Audits. The four types of assessments/audits are: pollution prevention assessments; site assessments; environmental management system audits; and compliance audits. These assessment or audit projects must be performed by an entity approved by the department. Assessments and audits may not include projects that are required by enforcement and/or legal requirements.

Assessments and Audits. A violating company may agree to examine its operations to determine if it is causing any other pollution problems or can run its operations better to avoid violations in the future. These audits go well beyond standard business practice.

Environmental Compliance Promotion. An environmental compliance promotion project provides training or technical support to identify, achieve and maintain compliance with applicable statutory and regulatory requirements; avoid committing a violation with respect to such statutory and regulatory requirements; go beyond compliance by reducing the generation, release, or disposal of pollutants to a level below the legally required limits; or promote environmental education, including awareness
of potential risks or harm to the public health and the environment.

Environmental Compliance Promotion. These are SEPs in which an alleged violator provides training or technical support to other members of the regulated community to achieve, or go beyond, compliance with applicable environmental requirements. For example, the violator may train other companies on how to comply with the law.

Emergency Planning, Preparedness, and Response. An emergency planning and preparedness project provides assistance to a responsible state or local emergency planning, preparedness, or response entity.

Emergency Planning and Preparedness. These projects provide assistance to a responsible state or local emergency response or planning entity to enable these organizations to fulfill their obligations under the Emergency Planning and Community Right-to-Know Act (EPCRA.) Such assistance may include the purchase of computers and/or software, communication systems, chemical emission detection and inactivation equipment, HAZMAT equipment, or training. Cash donations to local or state emergency response
organizations are not acceptable SEPs.

Other Projects. Projects determined by the department to have environmental merit that do not fit within at least one of the seven categories above may be accepted if they are otherwise fully consistent with the intent of these rules.

Other Types of Projects. Other acceptable SEPs would be those that have environment merit but do not fit within the categories listed above. These types of projects must be fully consistent with all other provisions of the SEP Policy and be approved by EPA.

All BEPs are voluntary in nature

All SEPs are voluntary in nature

Not necessary for the BEP to relate to the violation

SEP must have “nexus” or relationship with the violations

Negotiations with Respondent are held confidential until the Settlement Agreement is Final

Negotiations with Respondent are held confidential until the Consent Agreement is Final

Any individual may submit a BEP proposal

Any individual may submit a SEP proposal

The BEP is subject to Public Comment when the draft Settlement Agreement is public noticed

The SEP is subject to Public Comment when the draft Consent Agreement is public noticed

Third Parties are not part of settlement negotiations

Third Parties are not generally part of settlement negotiations