§2381.10. Prohibition on use of monitoring data

            A. Data produced from community air monitoring programs alone is insufficient to demonstrate that a stationary source is in violation of rule, regulation, or permit condition.

            B. To promote compliance with this Chapter and the collection of accurate and reliable data from community air monitoring programs, any data produced from community air monitoring programs that are not in compliance with this Chapter shall not be used, disclosed, or disseminated by the department for purposes of or in support of the following:

            (1) Issuing a fine, penalty, or violation against any person, including the owner or operator of a stationary source.

            (2) Bringing an administrative, regulatory, or judicial enforcement action or proceeding against any person, including the owner or operator of a stationary source.

            C. The prohibitions under this Section apply to use by the department or any person of any monitoring data not in compliance with this Chapter for purposes of alleging violations or noncompliance with the federal Clean Air Act, Louisiana Environmental Quality Act, or any other applicable law, rule, or regulation for which the state has primary enforcement authority.

            Acts 2024, No. 181, §1, eff. May 23, 2024.