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On August 20, 2025, the Louisiana Department of Environmental Quality (“LDEQ” or “the Department”) published a notice in the Louisiana Register announcing proposed amendments to the regulations implementing the State’s Voluntary Environmental Self-Audit Program. 
LDEQ’s proposed revisions to the self-audit regulations address feedback received from the regulated community and incorporate guidance from the Department on certain aspects of the Voluntary Environmental Self-Audit Program. A few highlights from the proposed regulations include the following:

  • Definitions (LAC 33:I.7005)
    • Codifies a definition of “discovery” or “date of discovery” – “when the owner or operator of a facility has an objectively reasonable basis for believing a violation has, or may have occurred”
    • Explains the phrase “same or closely related violation” by defining it as “a violation that is part of a pattern of noncompliance,” and by defining the term “pattern” as “a series of violations that are due to separate and distinct events within a three-year period at the same facility or unit/process”
  • Program Scope (LAC 33:I.7009)
    • Clarifies that the owner/operator may initiate the self-audit before receiving LDEQ acknowledgment that the Department has received the Notice of Audit form
    • Revises the general timeline in which the owner/operator must disclose the violation(s) from within 45 days after discovery of the violation(s) to within 30 days after the end of the self-audit period, unless an existing law or regulation requires disclosure sooner
    • Provides that owners/operators who cannot complete corrective actions within 90 days after the date of discovery of the violation(s) must submit to the LDEQ monthly progress reports documenting implementation of the corrective actions until their completion
    • Specifies that the 6-month timeframe within which the owner/operator must complete the self-audit begins from the audit commencement date reported in the Notice of Audit form, and provides that extensions of time may be requested with sufficient justification at least 30 days prior to the expiration of the audit period

As LDEQ puts it, the proposed amendments “are necessary to aid in further implementation” of the Voluntary Environmental Self-Audit Program. Comments on the proposed revisions are due October 2, 2025, at 4:30 p.m., and should be sent to William Little, Attorney Supervisor, Office of the Secretary, Legal Affairs Division, P.O. Box 4302, Baton Rouge, LA 70821-4302, by fax (225) 219-4068, or by E-mail to DEQ.Reg.Dev.Comments@la.gov.
For more updates, visit Liskow’s The Louisiana Industrial Insights Hub.