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Reviewer Name: Perry Boudreaux Applicant: City of New Orleans 

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Disasler/Emergency/ProgramlProjecl Tille: DRI603LA I Hurricane Katrina I Public Assistance Program I Fire Station Fuel Tanks 

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Record of Environmental Consideration I 


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See 44 Code of Federal Regulation Part 10. 

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Project NamelNumber: Fire Station Fuel Tanks / PW 12416 

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Projcd LOC:lt!Gn: New Orleans, LouisianJ Orleans Parish 

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Project Description: Project activities include removing and replacing 10 above ground fuel tanks and 

two under ground fuel tanks at various fire station locations throughout Orleans Parish. Hazard 

mitigation will be accomplished by rerouting the electrical connection to each fuel tank from the 

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ground to the overhead, using NEMA 3R weatherproof enclosure and cover for each emergency stop 

switch, using maintenance free bumper post sleeves, and to elevate the fuel tank for fire station 31 

above the flood of record using a steel platform. 

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Documentation Requirements i 

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D No Documentation Required (Review Concluded) t 

D (Short version) All consultation and agreements implemented to comply with the National Historic 
Preservation Act, Endangered Species Act, and Executive Orders 11988, 11990 and 12898 are 

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completed and no other laws apply. (Review Concluded) ! 

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[8J (Long version) All applicable laws and executive orders were reviewed. Additional information for i 

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compliance is attached to this REC. 

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National Environmental Policy Act (NEPAl Determination 

D Statutorily excluded from NEPA review. (Review Concluded) 
D Programmatic Categorical Exclusion -Category (Review Concluded) 


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D Categorical Exclusion -Category i 

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D No Extraordinary Circumstances exist. 

Are project conditions required? D Yes (see section V) D No (Review Concluded) 

D Extraordinary Circumstances exist (See Section IV). 

D Extraordinary Circumstances mitigated. (See Section IV comments) 

Are project conditions required? D Yes (see section V) D No (Review Concluded) 
D Environmental Assessment 
D Supplemental Environmental Assessment (Reference EA or PEA in comments) 
[8J Environmental Impact Statement 

Comment: Although this project would have qualified as a CATEX (xv and xvi) under 44 CFR part 10.8 (d)(2), this project 
meets the definition of critical infrastructure (pennanent Police and Fire Stations) under the Alternative Arrangements for 
NEPA compliance. This project has conditions and requires mitigation under the other EHP laws which are listed under the 
NEPA level ofenvironmental review in the project worksheet. Any changes to this approved scope ofwork will require 
submission to, and evaluation and approval by, the state and FEMA prior to initiation ofany work, for compliance with the 
National Environmental Policy Act. The applicant is required to obtain and comply with all local, state and federal permits 
and requirements. Non-compliance with the requirements noted above may jeopardize the receipt offederal funding. 


Reviewer Name: Perry Boudreaux Applicant: City of New Orleans 
Disaster/Emergency/Program/Project Title: DR 1603LA I Hurricane Katrina I Public Assistance Program I Fire Station Fuel Tanks 

Reviewer and Approvals 

D Project is Non-Compliant (See attached documentation justifying selection). 

FEMA Environmental Reviewer. 
Name: Perry 1. Boudreaux, Environmental Specialist 


Signatur;:b2-~~ z~ . Date._----"1-'--'/1!.....!7..:...;/2:::.:0~O:..:.7_____-!. 

FEMA Regional Environmental Officer or delegated approving officiaL 
Name: Howard R. Bush, ELO 


. Date 1117/2007

Signature~ 

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I. Compliance Review for Environmental Laws (other than NEPA) 

A. National Historic Preservation Act 

D Not type ofactivity with potential to affect historic properties. (Review Concluded) 
L8J Applicable executed Programmatic Agreement December 3, 2004 
L8J Activity meets Programmatic Allowance Appendix A, Section I A 
Are project conditions required? L8J Yes (see section V) D No (Review Concluded) 

HISTORIC BUILDINGS AND STRUCTURES 
L8J No historic properties that are listed or 45150 years or older in project area. (Review Concluded) 
D Building or structure listed or 45150 years or older in project area and activity not exempt from review. 

D Determination ofNo Historic Properties Affected (FEMA findinglSHPOITHPO concurrence on file) 
Are project conditions required? D Yes (see section V) D No (Review Concluded) 
D Determination of Historic Properties Affected (FEMA findinglSHPOITHPO concurrence on file) 
D Property a National Historic Landmark and National Park Service was provided early notification 
during the consultation process. If not, explain in comments 
D No Adverse Effect Determination (FEMA findinglSHPOITHPO concurrence on file). 
Are project conditions required? D Yes (see section V) D No (Review Concluded) 
D Adverse Effect Determination (FEMA findinglSHPOITHPO concurrence on file) 
D Resolution of Adverse Effect completed. (MOA on file) 
Are project conditions required D Yes (see section V) D No (Review Concluded) 

ARCHEOLOGICAL RESOURCES 
L8J Project affects only previously disturbed ground. (Review Concluded) 
D Project affects undisturbed ground. 

D Project area has no potential for presence ofarcheological resources 
D Determination ofno historic properties affected (FEMA findinglSHPOITHPO concurrence or 
consultation on file). (Review Concluded) 
D Project area has potential for presence ofarcheological resources 
D Determination of no historic properties affected (FEMA finding/SHPOITHPO concurrence on file) 
Are project conditions required D Yes (see section V) D No (Review Concluded) 
D Determination ofhistoric properties affected 
D NR eligible resources not present (FEMA findinglSHPOITHPO concurrence on file). 

Are project conditions required DYes (see section V) D No (Review Concluded) 
D NR eligible resources present in project area. (FEMA findingl SHPOITHPO concurrence on 
file) 

D No Adverse Effect Determination. (FEMA findingl SHPOITHPO concurrence on file) 
Are project conditions required? D Yes (see section V) D No (Review Concluded) 
D Adverse Effect Determination. (FEMA findingl SHPOITHPO concurrence on file) 
D Resolution ofAdverse Effect completed. (MOA on file) 


Reviewer Name: Perry Boudreaux Applicant: City of New Orleans 
Disaster/Emergency/Program/Projecf Title: DR 1603LA I Hurricane Katrina I Public Assistance Program I Fire Station Fuel Tanks 

Are project conditions required? 0 Yes (see section V) 0 No 
(Review Concluded) 

Comments: 1/16/07 -Scope of work indicates possible ground disturbing activities associated with removing concrete 
platforms, constructing new concrete foundations in the same location, and placing bollards near the fuel tanks. Although 
no ground disturbance may occur, this review addresses the above mentioned activities, should they be necessary. Upon 
consultation of data provided by the State Historic Preservation Officer (SHPO), there are known archaeological sites within 

, 2S miles nftwo of the project areas. howl'v.?r all \\'or~ will occur within previously disturbed areas. Therefore, 1he scope of 
work as submined meets the criteria outlined in the Programmatic Agreement dated December 3, 2004, Appendix A, 
Section i, a. In accordance with this document, FEMA is not required to submit projects to the SHPO for review where the 
work performed meets these allowances. If during the course of work, archaeological artifacts (prehistoric or historic) or 
human remains are discovered, the applicant shall stop work in the vicinity of the discovery and take all reasonable 
measures to avoid or minimize harm to the finds. The applicant shall inform their Public Assistance (PA) contacts at 
FEMA, who will in tum contact FEMA Historic Preservation staff. The applicant will not proceed with work until FEMA 
Historic Preservation staff have completed consultation with the Louisiana State Historic Preservation Officer (SHPO). In 
addition, if unmarked graves are present, compliance with the Louisiana Unmarked Human Burial Sites Preservation Act 

(R.S. 8:671 et seq.) is required. The applicant shall notifY the law enforcement agency of the jurisdiction where the remains 
are located within twenty-four hours of the discovery. The applicant shall also notifY FEMA and the Louisiana Unmarked 
Burial Sites Board (call the Louisiana Division of Archeology at 225-342-8170) within seventy-two hours ofthe discovery. 
Failure to comply with these stipulations may jeopardize receipt of FEMA funding. -Dana Linck, Historic Preservation 
S eciaJistl Archaeolo ist 

Correspondence/Consultation/References: 

B. Endangered Species Act 

[gJ No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. 
(Review Concluded) 

o Listed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action. 

o No effect to species or designated critical habitat. (See comments for justification) 
Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) 
o May affect, but not likely to adversely affect species or designated critical habitat (FEMA 


determinationlUSFWSINMFS concurrence on file) (Review Concluded) 
Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) 


o Likely to adversely affect species or designated critical habitat 

o Formal consultation concluded. (Biological Assessment and Biological Opinion on file) 
Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 

IComments: None 

C. Coastal Barrier Resources Act 

[gJ Project is not on or connected to CBRA Unit or Otherwise Protected Area (Review Concluded). 

o Project is on or connected to CBRA Unit or Otherwise Protected Area. (FEMA determinationlUSFWS consultation on 
file) 

o Proposed action an exception under Section 3505.a.6? (Review Concluded) 
o Proposed action not excepted under Section 3505.a.6. 
Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 


Comments: None 
Correspondence/Consultation/References: 

D. Clean Water Act 

[gJ Project would not affect any waters ofthe U.S. (Review Concluded) 

o Project would affect waters, including wetlands, ofthe U.s. 

o Project exempted as in kind replacement or other exemption. (Review Concluded) 
o Project requires Section 404/40l/or Section 9/10 (Rivers and Harbors Act) permit, including qualification 
under Nationwide Permits. 


01117/07


Reviewer Name: Perry Boudreaux Applicant: City of New Orleans 
Disaster/Emergency/Program/Project Title: DR 1603 LA I Hurricane Katrina I Public Assistance Program I Fire Station Fuel Tanks 

Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 

Comments: Project is not in or adjacent to any waterways ofthe US. 
Correspondence/Consultation/References: 

E. Coastal Zone Management Act 

o Project is not located in a coastal zone area and does not affect a coastal zone area (Review concluded) 

[3J Proiect is located in a coastal zone area and/or affects the coast;] 1zone 
. 0 Slale administering agency does nol require consistency review. (Review Concluded). 

o State administering agency requires consistency review. 
Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 

Comments: This project is located within the Louisiana Coastal Management Zone. La Department ofNatural 
Resources has determined that receipt of federal assistance is consistent with the Louisiana Coastal Resource 
Program. Projects within the Coastal Zone may still require a Coastal Use Permit or other authorization from 
DNR. Projects may be coordinated by contacting La DNR at 1-800-267-4019. 

Correspondence/Consultation/References: 

F. Fish and Wildlife Coordination Act 

[8j Project does not affect, control, or modifY a waterwaylbody of water. (Review Concluded)

o Project affects, controls or modifies a waterwaylbody of water. 

oCoordination with USFWS conducted 

oNo Recommendations offered by USFWS. (Review Concluded)
o Recommendations provided by USFWS. 
Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 


Comments: Project is not in or adjacent to any waterways of the US. 
Correspondence/Consultation/References: 

G. Clean Air Act 

[8j Project will not result in permanent air emissions. (Review Concluded) 

o Project is located in an attainment area. (Review Concluded) 
o Project is located in a non-attainment area. 


o Coordination required with applicable state administering agency .. 
Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 

Comments: Project will not result in permanent air emissions. 
Correspondence/Consultation/References: 

H. Farmland Protection Policy Act 

[8j Project does not affect designated prime or unique farmland. (Review Concluded) 

o Project causes unnecessary or irreversible conversion ofdesignated prime or unique farmland. 

o Coordination with Natural Resource Conservation Commission required. 

o Farmland Conversion Impact Rating, Form AD-1006, completed. 
Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 

Comments: None 
Correspondence/Consultation/References: 

I. Migratory Bird Treaty Act 

o Project not located within a flyway zone. (Review Concluded) 

[8j Project located within a flyway zone. 
t8J Project does not have potential to take migratory birds. (Review Concluded) 

Record ofEnvironmental Consideration 4 011I7/07 


Reviewer Name: Perry Boudreaux Applicant: City of New Orleans 
Disaster/EmergencylProgram/Project Title: DR1603LA I Hurricane Katrina I Public Assistance Program I Fire Station Fuel Tanks 

Are project conditions required? 0 Yes (see section V) C8J No (Review Concluded) 

o Project has potential to take migratory birds. 

o Contact made with USFWS 
Are project conditions required? YES (see section V) 0 NO (Review Concluded) 

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Comments: See letter from Don Fairley to Mr. Russ Watson with USF&WS, dated 09114/2005. Specifically, FEMA has 
determined that restoration projects funded with federal resources will not have adverse impacts on migratory birds or other 
fish and wildlife reserves. These determinations are based on the understanding that the conditions outlined in the Louisiana 
End:mgercd Srecies Summary are met. 

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Correspondence/Consultation/References: hUp:/lpacilicllv!.Vay.gov/I)ocuments/Mississippi map.pdt: 

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Comments: None 
Correspondence/Consultation/References: 

J. Magnuson-Stevens Fishery Conservation and Management Act t 

C8J Project not located in or near Essential Fish Habitat. (Review Concluded) 

o Project located in or near Essential Fish Habitat. 

o Project does not adversely affect Essential Fish Habitat. (Review Concluded) 
Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) 
o Project adversely affects Essential Fish Habitat (FEMA determinationlUSFWSINMFS concurrence on file) t 
o NOAA Fisheries provided no recommendation(s) (Review Concluded). ~ 
Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) t
o NOAA Fisheries provided recommendation(s) 






o Written reply to NOAA Fisheries recommendations completed. 

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Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 

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K. Wild and Scenic Rivers Act 

[8J Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded) 

o Project is along or affects WSR 

o Project adversely affects WSR as determined by NPSIUSFS. FEMA cannot fund the action. 
(NPSIUSFSIUSFWS/BLM consultation on file) (Review Concluded) 
o Project does not adversely affect WSR. (NPSIUSFSIUSFWSIBLM consultation on file) 
Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 


Comments: None 
Correspondence/Consultation/References: 

L. Other Relevant Laws and Environmental Regulations 

II. Compliance Review for Executive Orders 

A. E.O. 11988 -Floodplains 

o No Effect on FloodplainslFlood levels and project outside Floodplain -(Review Concluded) 
C8J Located in Floodplain or Effects on FloodplainslFlood levels 

C8J No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded), 
Are project conditions required? 0 Yes (see section V) [8J No (Review Concluded)

o Beneficial Effect on Floodplain OccupancyNalues <Review Concluded). 
o Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain 
environment 


o 8 Step Process Complete -documentation on file 
Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 

Comments 07/3112006 -The City ofNew Orleans and Orleans Parish enrolled in the National Flood Insurance Program 
(NFIP) 08/03/1970. Per Flood Insurance Rate Map (FIRM) 225203 0160e, dated 03/0111984, Engine #07 and #14 are 
Record ofEnvironmental Consideration 5 01/17/07 


Reviewer Name: Perry Boudreaux Applicant: City of New Orleans 
Disaster/Emergency/ProgramfProject Title: DR 1603LA I Hurricane Katrina I Public Assistance Program I Fire Station Fuel Tanks 

located in Zone "A I" and Engine #25 is located in Zone"A3". Per FIRM 225203 0095e, dated 03/0111984, the fire 
communications building, Engine #18, and Engine #27 are located in Zone "A3", Engine #12 is located in Zone "AT', and 
Engine #21 is located in Zone "A5". Per FIRM 225203 0115e, dated 03/01/1984, Engine #04 and Engine #36 are located 
in Zone "A4". Per FIRM 224203 0 180e, dated 03/0 I11984, Engine #24 is located in Zone "A 1". Per FIRM 225203 0 l30e, 
dated 03/01/1984, Engine #31 is located in Zone "AI4". All sites are located in areas of 100-year flood; base flood 
elevations and flood hazard factors determined. Project is for repair to above ground and underground storage tanks to predisaster 
design and footprint which is not likely to affect the floodplain. Dana Mehlman, Env. Spec. 

Correspondence/Consultation/References: 

B. E.O. 11990 -Wetlands 

[81 No Effects on Wetland(s) and project located outside Wetland(s) (Review Concluded)

o Located in Wetland or effects Wetland(s) 
D Beneficial Effect on Wetland -(Review Concluded)

o Possible adverse effect associated with constructing in or near wetland 
D Review completed as part of floodplain review 


o 8 Step Process Complete -documentation on file 
Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 

Comments: None 
Correspondence/Consultation/References: 

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C. E.O. 12898 -Environmental Justice For Low Income and Minority Populations 

[81 No Low income or minority population in, near or affected by the project -(Review Concluded) 

o Low income or minority population in or near project area 
D No disproportionately high and adverse impact on low income or minority population-(Review Concluded) 
D Disproportionately high or adverse effects on low income or minority population 

Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 

Comments: None 
Correspondence/Consultation/References: 

III. Other Environmental Issues 

Identify other potential environmental concerns in the comment box not clearly falling under a law or 
executive order (see environmental concerns scoping checklist for guidance). 

Comments: None 
Correspondence/Consultation/References: 

IV. Extraordinary Circumstances 

Based on the review of com pliance with other environmental laws and Executive Orders, and in 
consideration of other environmental factors, review the project for extraordinary circumstances. 

*A "Yes" under any circumstance may require an Environmental Assessment (EA) with the exception of(ii) which 
should be applied in conjunction with controversy on an environmental issue. If the circumstance can be mitigated, 
please explain in comments. lfno, leave blank. 

Yes 

o (i) Greater scope or size than normally experienced for a particular category ofaction 
D (ii) Actions with a high level of public controversy 
o (iii) Potential for degradation, even though slight, ofalready existing poor environmental 
conditions; 



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Reviewer Name: Perry Boudreaux Applicant: City of New Orleans 
Disaster/EmergencyIProgramlProject Title: DR1603LA I Hurricane Katrina I Public Assistance Program I Fire Station Fuel Tanks 

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D (iv) Employment of unproven technology with potential adverse effects or actions involving ,unique or unknown environmental risks; 

D (v) Presence of endangered or threatened species or their critical habitat, or archaeological, f 
cultural, historical or other protected resources; t 
D (vi) Presence of hazardous or toxic substances at levels which exceed Federal, state or local 
regulations or standards requiring action or attention; 
D (vii) Actions with the potential to affect special status areas adversely or other critical resources 

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such as wetlands, coastal zones, wildlife refuge and wilderness areas, wild and scenic rivers, 
sole or princiral drinking W<lter aquifers: 

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D (viii) Potential for adverse effects on health or safety; and 

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D Ox) Potential to violate a federal, state, local or tribal law or requirement imposed for the 
protection of the environment. 

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D (x) Potential for significant cumulative impact when the proposed action is combined with ! 
other past, present and reasonably foreseeable future actions, even though the impacts of the 
proposed action may not be significant by themselves. 


v. Environmental Review Project Conditions 

Project Conditions: 

1. If during the course ofwork, unmarked graves are discovered, compliance with the 
Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 et seq.) is 
required. The applicant shall notifY the law enforcement agency of the jurisdiction where 
the remains are located within twenty-four hours ofthe discovery. The applicant shall 
also notifY FEMA and the Louisiana Unmarked Burial Sites Board (call the Louisiana 
Division of Archeology at 225-342-8170) within seventy-two hours of the discovery. If 
this scope of work and/or the footprint/location of the new buildings change, this project 
will need to be resubmitted for further Section 106 review prior to ground disturbing 
activities taking place outside ofthe pre-disaster footprint of the building and additional 
archaeological testing will be required. 
2. Unusable equipment, debris and material shall be disposed of in an approved manner and 
location. In the event significant items (or evidence thereof) are discovered during 
implementation of the project applicant shall handle, manage, and dispose of petroleum 
products, hazardous materials and/or toxic waste in accordance to the requirements and to 
the satisfaction of the governing local, state and federal agencies. 
3. Mercury containing devices -this project potentially involves the disposal of metallic 
mercury containing electronic devices. The applicant is responsible for ensuring that 
these devices are recovered, recycled, reused or sequestered in accordance with the 
Louisiana Department of Environmental Quality (LDEQ) "Declaration of Emergency; 
Mercury-containing Devices and Electronic Equipment as Universal Waste" letter dated 
October 3, 2005. 
4. Underground Storage Tanks -This project potentially involves addressing the release of 
petroleum products. The applicant is responsible for identifYing and assessing contaminated 
materials and, on-and off-site impacts to soils and groundwater in accordance with the 
Louisiana Department ofEnvironmental Quality (LDEQ) 33 ERC Part XI, Chapter 7, Sections 



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Reviewer Name: Perry Boudreaux Applicant: City of New Orleans 
Disaster/Emergency/Program/Projed Title: DR 1603LA I Hurricane Kalrina I Public Assistance Program I Fire Slalion Fuel Tanks 

707 through 715. Should contamination be identified, the site must be characterized and 

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remediated by qualified contractors in accordance with LDEQ 33 ERC Part XI, Chapters 12 and 

13. 

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5. Removal and disposal of debris containing household hazardous waste and certain 

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categories of liquid wastes must be performed in accordance with all applicable federal 

and state laws, regulations, executive orders and guidelines. LAC Title 33 Part vii 

r~quir~s thm specified items, including lead acid batteries, used oil 11ltcrs, used motor oil, 

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scrap tires, cfc's (refrigerants), radioactive waste or regulated infectious wastes must be 

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segregated from and excluded from non-hazardous debris collection, staging, processing ! 
and disposal sites. Failure to comply with applicable legal requirements in debris I 
collection and/or disposal operations will jeopardize federal funding. The clean-up or I 

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restoration/repair of sites damaged as a result of such operations are ineligible for federal 

funding. Previously obligated funding is subject to de-obligation if a determination of 

ineligibility is made. 

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Monitoring Requirements: None 

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