EXECUTIVE ORDER MJF 00-39

State Partnership with the Baton Rouge Clean Air Coalition in the Ozone Action Program

WHEREAS, the Baton Rouge Clean Air Coalition, a voluntary civic organization that works on clean air initiatives in the Baton Rouge area, encompassing the five parishes of East Baton Rouge, West Baton Rouge, Ascension, Livingston, and Iberville (hereafter "Baton Rouge area"), has established a voluntary ozone action program (hereafter "program") for the purpose of reducing ozone-forming emissions caused by vehicles and other urban and commercial sources within the Baton Rouge area, particularly during the summer months;

WHEREAS, the Baton Rouge area has also been designated as the "Baton Rouge ozone non-attainment area" by the federal government based on criteria contained in the Clean Air Act Amendments of 1990, Pub. L. No. 101-549;

WHEREAS, pursuant to the Clean Air Act Amendments of 1990, the state of Louisiana is required to take primary responsibility for assuring air quality within the entire geographic area comprising the state, and submit an implementation plan for the state which will specify the manner in which national primary and secondary ambient air quality standards will be achieved within each air quality control region of the state, 42 U.S.C. §7407(a);

WHEREAS, the Baton Rouge Clean Air Coalition's program is a proactive and innovative approach for reducing ozone-forming emissions and achieving the national ambient air quality standard in the Baton Rouge area; and

WHEREAS, the best interests of the state of Louisiana are served by the departments, commissions, boards, agencies, and offices of the executive branch of the state of Louisiana located in the parishes of East Baton Rouge, West Baton Rouge, Ascension, Livingston, and Iberville becoming partners of the Baton Rouge Clean Air Coalition in the program, by taking a leadership role in the program and by adopting work-related behavior modifications to achieve the goals of the program and fulfill federal and state objectives for ambient air quality;

NOW THEREFORE, I, M.J. "MIKE" FOSTER, JR., Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1: State Partnership in the Baton Rouge Clean Air Coalition's Ozone Action Program All departments, commissions, boards, agencies, and offices in the executive branch of the state of Louisiana, including all units of the public university system, that are located in the parishes of East Baton Rouge, West Baton Rouge, Iberville, Livingston, and Ascension, shall be state partners in the Baton Rouge Clean Air Coalition's Ozone Action Program (hereafter "program").

SECTION 2: Duties of State Partners

A. The head of each department, commission, board, agency, and/or office in the executive branch of the state of Louisiana referred to in Section 1 of this Order (hereafter "state partner" and/or "department") shall create and implement an ozone action plan for their department consistent with goals and/or objectives of the program (hereafter "plan"). The advice and/or technical assistance of the Office of Environmental Services, Department of Environmental Quality, as set forth in subsection 3(B) of this Order, is available to each state partner for the creation, implementation, and/or amendment of their department plan which, at a minimum, shall include:

1. An education plan for educating the officers and/or employees of the department concerning the program's objectives, the manner in which the department will assist in achieving those objectives, and the manner in which the department's officers and/or employees will individually participate in the program;

2. The objectives and goals of the department for eliminating or substantially reducing activities that produce high levels of ozone-forming emissions; and

3. A strategy plan adapting the program to the activities and functions of the department.

B. By November 15, 2000, each state partner shall submit a copy of their department's plan to the governor, through the governor's special assistant for environmental affairs, the commissioner of administration, and the secretary of the Department of Environmental Quality.

C. Thereafter, each state partner shall annually, on November 15, submit to the governor, through the governor's special assistant for environmental affairs, the commissioner of administration, and the secretary of the Department of Environmental Quality, an updated department plan and a progress report on the department's level of participation in the program and/or attainment of the department's goals.

SECTION 3: Duties of the Department of Environmental Quality In addition to the duties designated in Section 2 of this Order, the secretary of the Department of Environmental Quality shall:

A. Create and maintain the means to provide all state partners and all other participants in the program, advanced notification of ozone action days, i.e., those days in the parishes of East Baton Rouge, West Baton Rouge, Ascension, Livingston, and Iberville during summer months on which the formation of elevated levels of ground level ozone is more likely to occur and planned measures to reduce emissions of ozone precursor pollutants should be implemented;

B. Upon request, provide technical assistance to and provide information through the Office of Environmental Services to any state partner, or other participant in the program, regarding the program, including emission reduction strategies and/or alternatives, education, outreach assistance, and/or creating or updating a plan; and

C. Assist the Baton Rouge Clean Air Coalition in acquiring additional partners in the program from the private sector and from federal and local governmental agencies located within the parishes of East Baton Rouge, West Baton Rouge, Ascension, Livingston, and Iberville.

SECTION 4: Miscellaneous Provisions

A. All departments, commission, boards, agencies, and offices of the state of Louisiana, or any political subdivision thereof, are authorized and directed to cooperate in the implementation of the provisions of this Order.

B. This Order is effective upon signature and shall continue in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 20th day of October, 2000.

M.J. "Mike" Foster, Jr.
Governor

ATTEST BY
THE GOVERNOR
Fox McKeithen
Secretary of State