La. Admin. Code tit. 33, pt. XV, ch. 14, XV-1499, app XV-C
Memorandum of Understanding between
Louisiana Department of Natural Resources
Office of Conservation and
Louisiana Department of Environmental Quality
Regarding the
Regulation of Naturally Occurring Radioactive Material at
Commercial Oilfield Waste Treatment Facilities
WHEREAS, the Louisiana Department of Natural Resources, Office of Conservation (DNR/OC), is authorized by state law and regulations to control the permitting, operation, and closure of commercial nonhazardous oilfield waste (NOW) disposal facilities in Louisiana, and,
WHEREAS, the Louisiana Department of Environmental Quality (DEQ) is authorized by state law and regulations to control the management and disposal of naturally occurring radioactive material (NORM), and,
WHEREAS, certain types of NOW have been recognized as occasionally containing levels of NORM that may warrant protection of public health and the environment, and,
WHEREAS, it is in the public interest for both agencies to coordinate their resources in order to provide adequate protection of public health and the environment and to avoid duplicative regulatory efforts and unnecessary expenses to DNR/OC and DEQ, the regulated community and the citizens of this state.
* * * * * *
THEREFORE, the following MEMORANDUM OF UNDERSTANDING is hereby adopted to outline the specific responsibilities of each agency regarding the regulation of NORM treatment at commercial NOW facilities which are permitted and regulated under the jurisdiction of the Office of Conservation:
1. Commercial NOW facilities will be permitted to receive, and treat NORM in accordance with specific licenses issued by DEQ under LAC 33:XV.301 and 1401 et seq. Existing DNR/OC permits will be required to be amended according to the requirements of LAC 43:XIX.129.M. DNR/OC and DEQ will, to the extent possible, coordinate and/or combine efforts in the holding of any public hearings with regard to permitting commercial NOW/NORM facilities.
2. Commercial NOW/NORM facilities (DEQ specific licensees) may be authorized to receive and treat NORM contaminated with concentrations of up to 200 picocuries per gram radium-226 or radium-228 and daughter products, provided all operational procedures are adhered to and a satisfactory history of compliance is established.
3. In addition to standards for documentation of compliance with the reuse criteria of LAC 43:XIX.129.M, treated NOW/NORM which is offered for reuse must also meet the requirements of DEQ.
4. Only written requests will be considered by DNR/OC and DEQ for reuse of treated NOW/NORM. Documentation of compliance with regulatory requirements must be provided with each request. Specific written approval from each agency must be obtained prior to removal of material from a treatment system.
5. Commercial NOW/NORM treatment facilities will not be permitted to mix and treat non-NORM (NOW) waste with NORM waste.
6. DEQ will be required to notify DNR/OC, within 24 hours, of planned/scheduled inspections of a commercial NOW/NORM treatment facilities.
7. When violations are documented, enforcement actions will be coordinated between DNR/OC and DEQ to determine the proper agency for issuance of notices of violation, compliance orders, assessment of penalties or any other enforcement activity.
8. As deemed necessary, DNR/OC and DEQ will share monitoring information required to be submitted by permitted NOW/NORM treatment facilities.
This MEMORANDUM OF UNDERSTANDING is subject to revision or cancellation upon agreement of both parties.
La. Admin. Code tit. 33, pt. XV, ch. 14, XV-1499, app XV-C