reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 79 - Maintenance [49 CFR Part 193 Subpart G] › Section XIII-7933 - Interference Currents [49 CFR 193.2633]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each component that is subject to
				  electrical current interference must be protected by a continuing program to
				  minimize the detrimental effects of currents. [
				49 CFR
				  193.2633(a)]
B. Each cathodic protection system must be
				  designed and installed so as to minimize any adverse effects it might cause to
				  adjacent metal components. [
				49 CFR
				  193.2633(b)]
C. Each impressed current power source must
				  be installed and maintained to prevent adverse interference with communications
				  and control systems. [
				49 CFR
				  193.2633(c)]
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 79 - Maintenance [49 CFR Part 193 Subpart G] › Section XIII-7935 - Monitoring Corrosion Control [49 CFR 193.2635]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Corrosion protection provided as required
				  by this subpart must be periodically monitored to give early recognition of
				  ineffective corrosion protection, including the following, as applicable.
1. Each buried or submerged component under
				  cathodic protection must be tested at least once each calendar year, but with
				  intervals not exceeding 15 months, to determine whether the cathodic protection
				  meets the requirements of §192.463 of this chapter. [
				49 CFR
				  193.2635(a)]
2. Each cathodic protection rectifier or
				  other impressed current power source must be inspected at least 6 times each
				  calendar year, but with intervals not exceeding 2 1/2 months, to ensure that it
				  is operating properly. [
				49 CFR
				  193.2635(b)]
3. Each reverse current switch, each diode,
				  and each interference bond whose failure would jeopardize component protection
				  must be electrically checked for proper performance at least 6 times each
				  calendar year, but with intervals not exceeding 2 1/2 months. Each other
				  interference bond must be checked at least once each calendar year, but with
				  intervals not exceeding 15 months. [
				49 CFR
				  193.2635(c)]
4. Each component that is protected from
				  atmospheric corrosion must be inspected at intervals not exceeding 3 years. [
				49 CFR
				  193.2635(d)]
5. If a component is protected from internal
				  corrosion, monitoring devices designed to detect internal corrosion, such as
				  coupons or probes, must be located where corrosion is most likely to occur.
				  However, monitoring is not required for corrosion resistant materials if the
				  operator can demonstrate that the component will not be adversely affected by
				  internal corrosion during its service life. Internal corrosion control
				  monitoring devices must be checked at least two times each calendar year, but
				  with intervals not exceeding 7 1/2 months. [
				49 CFR
				  193.2635(e)
				  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 79 - Maintenance [49 CFR Part 193 Subpart G] › Section XIII-7937 - Remedial Measures [49 CFR 193.2637]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prompt corrective or remedial action must
				  be taken whenever an operator learns by inspection or otherwise that
				  atmospheric, external, or internal corrosion is not controlled as required by
				  this subpart. [
				49 CFR 193.2637
				  ]
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 79 - Maintenance [49 CFR Part 193 Subpart G] › Section XIII-7939 - Maintenance Records [49 CFR 193.2639]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator shall keep a record at each
				  LNG plant of the date and type of each maintenance activity performed on each
				  component to meet the requirements of this part. For each LNG facility that is
				  designed and constructed after March 31, 2000 the operator shall also maintain
				  related periodic inspection and testing records that NFPA-59A-2001
				  (incorporated by reference, see LAC 43:XIII.6713) requires. Maintenance
				  records, whether required by this part or NFPA-59A-2001, must be kept for a
				  period of not less than five years. [
				49 CFR
				  193.2639(a)]
B. Each operator shall maintain records or
				  maps to show the location of cathodically protected components, neighboring
				  structures bonded to the cathodic protection system, and corrosion protection
				  equipment. [
				49 CFR
				  193.2639(b)]
C. Each of the following records must be
				  retained for as long as the LNG facility remains in service:
1. each record or map required by Subsection
				  B of this Section. [
				49 CFR
				  193.2639(c)(1)]
2. records of each test, survey, or
				  inspection required by this subpart in sufficient detail to demonstrate the
				  adequacy of corrosion control measures. [
				49 CFR
				  193.2639(c)(2)]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 81 - Personnel Qualifications and Training [49 CFR Part 193 Subpart H] › Section XIII-8101 - Scope [49 CFR 193.2701]

Current through Register Vol. 50, No. 6, June 20, 2024
A. This subpart
				  prescribes requirements for personnel qualifications and training.
[45 FR 9219, Feb. 11, 1980] [
					 49 CFR
					 193.2701]
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 81 - Personnel Qualifications and Training [49 CFR Part 193 Subpart H] › Section XIII-8103 - Design and Fabrication [49 CFR 193.2703]

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the design and fabrication of
				  components, each operator shall use:
1. with
				  respect to design, persons who have demonstrated competence by training or
				  experience in the design of comparable components; [
				49 CFR
				  193.2703(a)]
2. with respect to fabrication, persons who
				  have demonstrated competence by training or experience in the fabrication of
				  comparable components. [
				49 CFR
				  193.2703(b)]  [45 FR 9219,
				  Feb. 11, 1980]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 81 - Personnel Qualifications and Training [49 CFR Part 193 Subpart H] › Section XIII-8105 - Construction, Installation, Inspection, and Testing [49 CFR 193.2705]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Supervisors and
				  other personnel utilized for construction, installation, inspection, or testing
				  must have demonstrated their capability to perform satisfactorily the assigned
				  function by appropriate training in the methods and equipment to be used or
				  related experience and accomplishments. [
				49 CFR
				  193.2705(a)]
B. Each operator must periodically determine
				  whether inspectors performing construction, installation, and testing duties
				  required by this part are satisfactorily performing their assigned functions. [
				49 CFR
				  193.2705(b)]
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 81 - Personnel Qualifications and Training [49 CFR Part 193 Subpart H] › Section XIII-8107 - Operations and Maintenance [49 CFR 193.2707]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator shall utilize for operation
				  or maintenance of components only those personnel who have demonstrated their
				  capability to perform their assigned functions by:
1. successful completion of the training
				  required by LAC 43:XIII.8113 and LAC 43:XIII.8117; and [
				49 CFR
				  193.2707(a)(1)]
2. experience related to the assigned
				  operation or maintenance function; and [
				49 CFR
				  193.2707(a)(2)]
3. acceptable performance on a proficiency
				  test relevant to the assigned function. [
				49 CFR
				  193.2707(a)(3)
				  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 81 - Personnel Qualifications and Training [49 CFR Part 193 Subpart H] › Section XIII-8109 - Security [49 CFR 193.2709]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Personnel having security duties must be qualified to perform their assigned
				  duties by successful completion of the training required under LAC
				  43:XIII.8115. [
				49 CFR
				  193.2709]
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 81 - Personnel Qualifications and Training [49 CFR Part 193 Subpart H] › Section XIII-8111 - Personnel Health [49 CFR 193.2711]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator shall follow a written plan
				  to verify that personnel assigned operating, maintenance, security, or fire
				  protection duties at the LNG plant do not have any physical condition that
				  would impair performance of their assigned duties. The plan must be designed to
				  detect both readily observable disorders, such as physical handicaps or injury,
				  and conditions requiring professional examination for discovery. [
				49 CFR 193.2711
				  ]
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 81 - Personnel Qualifications and Training [49 CFR Part 193 Subpart H] › Section XIII-8113 - Training: Operations and Maintenance [49 CFR 193.2713]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator shall provide and implement
				  a written plan of initial training to instruct:
1. all permanent maintenance, operating, and
				  supervisory personnel:
a. about the
				  characteristics and hazards of LNG and other flammable fluids used or handled
				  at the facility, including, with regard to LNG, low temperatures, flammability
				  of mixtures with air, odorless vapor, boiloff characteristics, and reaction to
				  water and water spray; [
				49 CFR
				  193.2713(a)(1)(i)
				  ]
b. about the potential hazards
				  involved in operating and maintenance activities; and [
				49 CFR
				  193.2713(a)(1)(ii)
				  ]
c. to carry out aspects of the
				  operating and maintenance procedures under LAC 43:XIII.7703 and LAC
				  43:XIII.7905 that relate to their assigned functions; and [
				49 CFR
				  193.2713(a)(1)(iii)
				  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 81 - Personnel Qualifications and Training [49 CFR Part 193 Subpart H] › Section XIII-8115 - Training: Security [49 CFR 193.2715]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Personnel responsible for security at an
				  LNG plant must be trained in accordance with a written plan of initial
				  instruction to:
1. recognize breaches of
				  security; [
				49 CFR
				  193.2715(a)(1)]
2. carry out the security procedures under
				  LAC 43:XIII.8503 that relate to their assigned duties; [
				49 CFR
				  193.2715(a)(2)]
3. be familiar with basic plant operations
				  and emergency procedures, as necessary to effectively perform their assigned
				  duties; and [
				49 CFR
				  193.2715(a)(3)]
4. recognize conditions where security
				  assistance is needed. [
				49 CFR
				  193.2715(a)(4)
				  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 81 - Personnel Qualifications and Training [49 CFR Part 193 Subpart H] › Section XIII-8117 - Training: Fire Protection [49 CFR 193.2717]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All personnel involved in maintenance and
				  operations of an LNG plant, including their immediate supervisors, must be
				  trained according to a written plan of initial instruction, including plant
				  fire drills, to:
1. know the potential causes
				  and areas of fire; [
				49 CFR
				  193.2717(a)(1)]
2. know the types, sizes, and predictable
				  consequences of fire; and [
				49 CFR
				  193.2717(a)(2)]
3. know and be able to perform their assigned
				  fire control duties according to the procedures established under LAC
				  43:XIII.7709 and by proper use of equipment provided under LAC 43:XIII.8301. [
				49 CFR
				  193.2717(a)(3)
				  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 81 - Personnel Qualifications and Training [49 CFR Part 193 Subpart H] › Section XIII-8119 - Training: Records [49 CFR 193.2719]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator shall maintain a system of
				  records which:
1. provide evidence that the
				  training programs required by this subpart have been implemented; and [
				49 CFR
				  193.2719(a)(1)]
2. provide evidence that personnel have
				  undergone and satisfactorily completed the required training programs. [
				49 CFR
				  193.2719(a)(2)
				  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 83 - Fire Protection [49 CFR Part 193 Subpart I] › Section XIII-8301 - Fire Protection [49 CFR 193.2801]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Each operator must provide and maintain fire protection at LNG plants according
				  to sections 9.1 and section 9.9 of NFPA-59A-2001 (incorporated by reference,
				  see LAC 43:XIII.6713). However, LNG plants existing on March 31, 2000, need not
				  comply with provisions on emergency shutdown systems, water delivery systems,
				  detection systems, and personnel qualification and training until September 12,
				  2005. [
				49 CFR 193.2801
				  ]
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 85 - Security [49 CFR Part 193 Subpart J] › Section XIII-8501 - Scope [49 CFR 193.2901]

Current through Register Vol. 50, No. 6, June 20, 2024
A. This subpart
				  prescribes requirements for security at LNG plants. However, the requirements
				  do not apply to existing LNG plants that do not contain LNG. [
				49 CFR
				  193.2901]
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 85 - Security [49 CFR Part 193 Subpart J] › Section XIII-8503 - Security Procedures [49 CFR 193.2903]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator shall prepare and follow one
				  or more manuals of written procedures to provide security for each LNG plant.
				  The procedures must be available at the plant in accordance with LAC
				  43:XIII.6717 and include at least:
1. a
				  description and schedule of security inspections and patrols performed in
				  accordance with §193 2913; [
				49 CFR
				  193.2903(a)]
2. a list of security personnel positions or
				  responsibilities utilized at the LNG plant; [193.2903(b)]
3. a brief description of the duties
				  associated with each security personnel position or responsibility; [
				49 CFR
				  193.2903(c)]
4. instructions for actions to be taken,
				  including notification of other appropriate plant personnel and law enforcement
				  officials, when there is any indication of an actual or attempted breach of
				  security; [
				49 CFR
				  193.2903(d)]
5. methods for determining which persons are
				  allowed access to the LNG plant; [
				49 CFR
				  193.2903(e)]
6. positive identification of all persons
				  entering the plant and on the plant, including methods at least as effective as
				  picture badges; and [
				49 CFR
				  193.2903(f)]
7. liaison with local law enforcement
				  officials to keep them informed about current security procedures under this
				  section. [
				49 CFR
				  193.2903(g)
				  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 85 - Security [49 CFR Part 193 Subpart J] › Section XIII-8505 - Protective Enclosures [49 CFR 193.2905]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following facilities must be
				  surrounded by a protective enclosure:
1.
				  storage tanks; [  49 CFR 2905(a)(1)  ]
2. impounding systems; [  49 CFR 2905(a)(2)
				   ]
3. vapor barriers; [  49 CFR
				  2905(a)(3)  ]
4. cargo transfer
				  systems; [  49 CFR 2905(a)(4)  ]
5.
				  process, liquefaction, and vaporization equipment; [  49 CFR 2905(a)(5)
				   ]
6. control rooms and stations; [
				   49 CFR 2905(a)(6)  ]
7. control
				  systems; [  49 CFR 2905(a)(7)  ]
8.
				  fire control equipment; [  49 CFR 2905(a)(8)  ]
9. security communications systems; and [  49
				  CFR 2905(a)(9)  ]
10. alternative
				  power sources. [  49 CFR 2905(a)(10)  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 85 - Security [49 CFR Part 193 Subpart J] › Section XIII-8507 - Protective Enclosure Construction [49 CFR 193.2907]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A protective enclosure must have
				  sufficient strength and configuration to obstruct unauthorized access to the
				  facilities enclosed. [
				49 CFR
				  193.2907(a)]
B. Openings in or under protective enclosures
				  must be secured by grates, doors or covers of construction and fastening of
				  sufficient strength such that the integrity of the protective enclosure is not
				  reduced by any opening. [
				49 CFR
				  193.2907(b)]
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 85 - Security [49 CFR Part 193 Subpart J] › Section XIII-8509 - Security Communications [49 CFR 193.2909]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A means must be provided for:
1. prompt communications between personnel
				  having supervisory security duties and law enforcement officials; and [
				49 CFR
				  193.2909(a)]
2. direct communications between all on-duty
				  personnel having security duties and all control rooms and control stations. [
				49 CFR
				  193.2909(b)
				  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 85 - Security [49 CFR Part 193 Subpart J] › Section XIII-8511 - Security Lighting [49 CFR193.2911]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where security warning systems are not
				  provided for security monitoring under LAC 43:XIII.8513, the area around the
				  facilities listed under LAC 43:XIII.8505(a) and each protective enclosure must
				  be illuminated with a minimum in service lighting intensity of not less than
				  2.2 lux (0.2 ftc) between sunset and sunrise. [
				49 CFR 193.2911
				  ]
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 85 - Security [49 CFR Part 193 Subpart J] › Section XIII-8513 - Security Monitoring [49 CFR 193.2913]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each protective enclosure and the area
				  around each facility listed in LAC 43:XIII.8505(a) must be monitored for the
				  presence of unauthorized persons. Monitoring must be by visual observation in
				  accordance with the schedule in the security procedures under LAC
				  43:XIII.8503(a) or by security warning systems that continuously transmit data
				  to an attended location. At an LNG plant with less than 40,000
				  m3 (250,000 bbl) of storage capacity, only the
				  protective enclosure must be monitored. [
				49 CFR
				  193.2913]
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 85 - Security [49 CFR Part 193 Subpart J] › Section XIII-8515 - Alternative Power Sources [49 CFR 193.2915]

Current through Register Vol. 50, No. 6, June 20, 2024
A. An alternative source of power that meets
				  the requirements of LAC 43:XIII.7545 must be provided for security lighting and
				  security monitoring and warning systems required under LAC 43:XIII.8511 and LAC
				  43:XIII.8513. [
				49 CFR
				  193.2915]
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 85 - Security [49 CFR Part 193 Subpart J] › Section XIII-8517 - Warning Signs [49 CFR 193.2917]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Warning signs must be conspicuously placed along each protective enclosure at
				  intervals so that at least one sign is recognizable at night from a distance of
				  30m (100 ft.) from any way that could reasonably be used to approach the
				  enclosure. [
				49
				  CFR 193.2917(a)]
B. Signs must be marked with at least the
				  following on a background of sharply contrasting color. The words "NO
				  TRESPASSING," or words of comparable meaning. [
				49
				  CFR 193.2917(b)]  [Amdt.
				  193-2, 45 FR 70409, Oct. 23, 1980, as amended at 47 FR 32720, July 29,
				  1982]
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 1 - General › Section XV-101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  is authorized to administer the requirements of the Act and regulations
				  promulgated thereunder.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 1 - General › Section XV-103 - Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  is responsible for exercising the authority delegated to him under the Act,
				  including the following:
1. designation of
				  lands as unsuitable for all or certain types of surface coal mining operations
				  under §922 of the Act;
2.
				  authority to approve or disapprove mining plans to conduct surface coal mining
				  and reclamation operations on state lands.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 1 - General › Section XV-107 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This order
				  applies to all coal exploration, development operations and surface coal mining
				  and reclamation operations, except:
1. the
				  extraction of coal by a landowner for his or her own noncommercial use from
				  land owned or leased by the landowner. Noncommercial use does not include the
				  extraction of coal by one unit of an integrated company or other business or
				  nonprofit entity which uses the coal in its own manufacturing or power
				  plants;
2. the extraction of coal
				  as an incidental part of federal, state or local government-financed highway or
				  other construction in accordance with Chapter 7;
3. the extraction of coal incidental to the
				  extraction of other minerals where coal does not exceed 16 2/3 percent of the
				  total tonnage of coal and other minerals removed for purposes of commercial use
				  or sale in accordance with Chapter 4;
4. the extraction of coal on Indian lands in
				  accordance with  25 CFR 177, Subpart B;
5. coal exploration on federal lands outside
				  a permit area;
6. the office may on
				  its own initiative and shall, within a reasonable time of a request from any
				  person who intends to conduct surface coal mining operations, make a written
				  determination whether the operation is exempt under this Section. The office
				  shall give reasonable notice of the request to interested persons. Prior to the
				  time a determination is made, any person may submit, and the office shall
				  consider, any written information relevant to the determination. A person
				  requesting that an operation be declared exempt shall have the burden of
				  establishing the exemption. If a written determination of exemption is reversed
				  through subsequent administrative or judicial action, any person who, in good
				  faith, has made a complete and accurate request for an exemption and relied
				  upon the determination, shall not be cited for violations which occurred prior
				  to the date of the reversal;
7.
a. the office may terminate its jurisdiction
				  under the regulatory program over the reclaimed site of a completed surface
				  coal mining and reclamation operation, or increment thereof, when it determines
				  in writing that under the permanent program all requirements imposed under the
				  applicable regulatory program have been successfully completed or, where a
				  performance bond was required, the office has made a final decision in
				  accordance with Subpart 4 to release the performance bond fully;
b. following a termination under §107.
				  A.7.a the office shall reassert jurisdiction under the regulatory program over
				  a site if it is demonstrated that the bond release or written determination
				  referred to in §107. A.7.a was based upon fraud, collusion or
				  misrepresentation of a material fact.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 1 - General › Section XV-109 - Petitions to Initiate Rulemaking

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Any person may petition the commissioner to initiate a proceeding for the
				  issuance, amendment or repeal of any regulation under the Act. The petition
				  shall be submitted to the central office of the Office of Conservation in Baton
				  Rouge.
B. The petition shall be a
				  concise statement of facts, technical justification and the law which require
				  issuance, amendment or repeal of a regulation under the Act and shall indicate
				  whether the petitioner desires a public hearing.
C. Upon receipt of the petition, the
				  commissioner shall determine if the petition sets forth facts, technical
				  justification or law which may provide a reasonable basis for issuance,
				  amendment or repeal of a regulation. Facts, technical justification or law
				  previously considered in a petition or rulemaking on the same issue shall not
				  provide a reasonable basis. If the commissioner determines that he has a
				  reasonable basis, a notice shall be published seeking comments from the public
				  on the proposed change. The commissioner may hold a public hearing, may conduct
				  an investigation or take other action to determine whether the petition should
				  be granted.
D. Within 90 days from
				  receipt of the petition, the commissioner shall issue a written decision either
				  granting or denying the petition. The decision shall constitute the final
				  decision for the office.
1. If the petition
				  is granted, the commissioner shall initiate a rulemaking proceeding in
				  accordance with Louisiana law.
2.
				  If the petition is denied, the commissioner shall notify the petitioner in
				  writing, setting forth the reasons for denial.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 1 - General › Section XV-111 - Notice of Citizen Suits

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person
				  who intends to initiate a civil action on his or her own behalf under §920
				  of the Act shall give notice of intent to do so, in accordance with this
				  Section.
B. Notice shall be given
				  by certified mail to the secretary, the director, and the commissioner in all
				  cases. A copy of the notice shall be sent by first class mail to the regional
				  director if the complaint involves or relates to surface coal mining and
				  reclamation operations in a specific region of the federal office.
C. Notice shall be given by certified mail to
				  the alleged violator, if the complaint alleges a violation of the Act or any
				  regulation, order, or permit issued under the Act.
D. Service of notice under this Section is
				  complete upon mailing to the last known address of the person being
				  notified.
E. A person giving notice
				  regarding an alleged violation shall state, to the extent known:
1. sufficient information to identify the
				  provision of the Act, regulation, order or permit allegedly violated;
2. the act or omission alleged to constitute
				  a violation;
3. the name, address
				  and telephone numbers of the person or persons responsible for the alleged
				  violation;
4. the date, time and
				  location of the alleged violation;
5. the name, address and telephone number of
				  the person giving notice; and
6.
				  the name, address and telephone number of legal counsel, if any, of the person
				  giving notice.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 1 - General › Section XV-113 - Availability of Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Records
				  required by the Act to be made available to the public shall be retained at the
				  Office of Conservation.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 1 - General › Section XV-115 - Computation of Time

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				  otherwise provided, computation of time under these regulations is based on
				  calendar days.
B. In computing any
				  period of prescribed time, the day on which the designated period of time
				  begins is not included. The last day of the period is included unless it is a
				  Saturday, Sunday or legal holiday on which the office is not open for business,
				  in which event the period runs until the end of the next day which is not a
				  Saturday, Sunday or legal holiday.
C. Intermediate Saturdays, Sundays and legal
				  holidays are excluded from the computation when the period of prescribed time
				  is seven days or less.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 3 - Permanent Regulatory Program › Section XV-301 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  is authorized to administer the requirements of the permanent regulatory
				  program.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 3 - Permanent Regulatory Program › Section XV-303 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person who
				  conducts surface coal mining and reclamation operations on non-Indian or
				  nonfederal lands shall have a permit issued pursuant to these
				  regulations.
B. The requirements of
				  these regulations shall be effective and shall apply to each surface coal
				  mining and reclamation operation which is required to obtain a permit under the
				  Act, on the earliest date upon which these regulations require a permit to be
				  obtained, except as is provided in §303 C
C.
1. Each
				  structure used in connection with or to facilitate a coal exploration,
				  development or surface coal mining and reclamation operation shall comply with
				  the performance standards and the design requirements of these regulations.
a. An existing structure which meets the
				  performance standards of these regulations but does not meet the design
				  requirements of these regulations may be exempted from meeting those design
				  requirements by the office. The office may grant this exemption on non-Indian
				  and nonfederal lands only as part of the permit application process after
				  obtaining the information required by
				  §2705 and after
				  making the findings required in §3117
b. An existing structure which meets the
				  performance standards of Subchapter B of 30 CFR Chapter VII, which are at least
				  as stringent as the comparable standard of Subpart 5 of these regulations, may
				  be exempted by the office from meeting the design requirements of these
				  regulations. The office may grant this exemption on non-Indian and nonfederal
				  lands only as part of the permit application process after obtaining the
				  information required by
				  §2705 and after
				  making the findings required in §3117
c. An existing structure which meets a
				  performance standard of Subchapter B of 30 CFR Chapter VII which is less
				  stringent than the comparable performance standards of Subpart 5 of these
				  regulations, or which does not meet a performance standard of Subpart 5 for
				  which there was no equivalent performance standard in Subchapter B of 30 CFR
				  Chapter VII shall be modified or reconstructed to meet the design standard of
				  these regulations pursuant to a compliance plan approved by the office on
				  non-Indian and nonfederal lands only as part of the permit application as
				  required in
				  §2705 and
				  according to the findings required by §3117
d. An existing structure which does not meet
				  the performance standards of Subchapter B of 30 CFR Chapter VII and which the
				  applicant proposes to use in connection with or to facilitate exploration,
				  development or surface coal mining and reclamation operations shall be modified
				  or reconstructed to meet the design standards of these regulations prior to
				  issuance of the permit.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section XV-401 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  implements the exemption contained in §904. V(A) of the Act concerning the
				  extraction of coal incidental to the extraction of other minerals where coal
				  does not exceed 16 2/3 percent of the total tonnage of coal and other minerals
				  removed for purposes of commercial use or sale.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section XV-403 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this Chapter, the following terms have the
					 meaning specified, except where otherwise indicated.
Cumulative Measurement Period
- the period
					 of time over which both cumulative production and cumulative revenue are
					 measured.
a. For purposes of determining the beginning of the
					 cumulative measurement period, subject to approval by the office, the operator
					 must select and consistently use one of the following:
i. for mining areas where coal or other minerals were
					 extracted prior to August 3, 1977, the date extraction of coal or other
					 minerals commenced at that mining area or August 3, 1977; or
ii. for mining areas where extraction of coal or other
					 minerals commenced on or after August 3, 1977, the date extraction of coal or
					 other minerals commenced at that mining area, whichever is earlier.
b. For annual reporting purposes pursuant to §419, the
					 end of the period for which cumulative production and revenue is calculated is
					 either:
i. for mining areas where coal or other minerals were
					 extracted prior to April 1, 1990, March 31, 1990, and every March 31
					 thereafter; or
ii. for mining areas where extraction of coal or other
					 minerals commenced on or after April 1, 1990, the last day of the calendar
					 quarter during which coal extraction commenced, and each anniversary of that
					 day thereafter.
Cumulative Production
- the total tonnage
					 of coal or other minerals extracted from a mining area during the cumulative
					 measurement period. The inclusion of stockpiled coal and other mineral tonnages
					 in this total is governed by §415
Cumulative Revenue
- the total revenue
					 derived from the sale of coal or other minerals and the fair market value of
					 coal or other minerals transferred or used, but not sold, during the cumulative
					 measurement period.
Mining Area
- an individual excavation site
					 or pit from which coal, other minerals and overburden are removed.
Other Minerals
- is any commercially
					 valuable substance mined for its mineral value, excluding coal, topsoil, waste
					 and fill material.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section XV-405 - Application Requirements and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Any
				  person who plans to commence or continue coal extraction after April 1, 1990,
				  the effective date of the proposed rules, in reliance on the incidental mining
				  exemption shall file a complete application for exemption with the office for
				  each mining area.
2. Following
				  incorporation of an exemption application approval process into the regulatory
				  program, a person may not commence coal extraction based upon the exemption
				  until the office approves such application except as provided in §405.
				  E 3
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section XV-409 - Public Availability of Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as provided in §409 B, all
				  information submitted to the office under this Chapter shall be made
				  immediately available for public inspection and copying at the local office of
				  the regulatory authority having jurisdiction over the mining operations
				  claiming exemption until at least three years after expiration of the period
				  during which the subject mining area is active.
B. Information submitted to the office under
				  this Chapter may be kept confidential if the person submitting it requests in
				  writing, at the time of submission, that it be kept confidential and the
				  information concerns trade secrets or is privileged commercial or financial
				  information of the persons intending to conduct operations under this
				  Chapter.
C. Information requested
				  to be held as confidential under §409. B shall not be made publicly
				  available until after notice and opportunity to be heard is afforded persons
				  both seeking and opposing disclosure of the information.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section XV-411 - Requirements for Exemption

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Activities are exempt from the requirements of the Act if all of the following
				  are satisfied.
1. The cumulative production
				  of coal extracted from the mining area determined annually as described in this
				  Section does not exceed 16 2/3 percent of the total cumulative production of
				  coal and other minerals removed during such period for purposes of bone fide
				  sale or reasonable commercial use.
2. Coal is produced from a geological stratum
				  lying above or immediately below the deepest stratum from which other minerals
				  are extracted for purposes of bona fide sale or reasonable commercial
				  use.
3. The cumulative revenue
				  derived from the coal extracted from the mining area determined annually shall
				  not exceed 50 percent of the total cumulative revenue derived from the coal and
				  other minerals removed for purposes of bona fide sale or reasonable commercial
				  use. If the coal extracted or the minerals removed are used by the operator or
				  transferred to a related entity for use instead of being sold in a bona fide
				  sale, then the fair market value of the coal or other minerals shall be
				  calculated at the time of use or transfer and shall be considered rather than
				  revenue.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section XV-413 - Conditions of Exemption and Right of Inspection and Entry

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person conducting activities covered by
				  this Chapter shall:
1. maintain on-site or at
				  other locations available to authorized representatives of the office and the
				  Secretary of Interior information necessary to verify the exemption including,
				  but not limited to, commercial use and sales information, extraction tonnages,
				  and a copy of the exemption application and exemption approved by the
				  office;
2. notify the office upon
				  the completion of the mining operation or permanent cessation of all coal
				  extraction activities; and
3.
				  conduct operations in accordance with the approved application or when
				  authorized to extract coal under §405. B or E.3 prior to submittal or
				  approval of an exemption application, in accordance with the standards of this
				  Chapter;
4. authorized
				  representatives of the office and the secretary of interior shall have the
				  right to conduct inspections of operations claiming exemption under this
				  Chapter;
5. each authorized
				  representative of the office and the secretary of interior conducting an
				  inspection under this Chapter:
a. shall have a
				  right of entry to, upon, and through any mining and reclamation operations
				  without advance motive or a search warrant, upon presentation of appropriate
				  credentials;
b. may, at reasonable
				  times and without delay have access to and copy any records relevant to the
				  exemptions; and
c. shall have a
				  right to gather physical and photographic evidence to document conditions,
				  practices or violations at a site;
6. no search warrant shall be required with
				  respect to any activity under §413. A 4-5 except that a search warrant may
				  be required for entry into a building.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section XV-415 - Stockpiling of Minerals

Current through Register Vol. 50, No. 6, June 20, 2024
A. Coal. Coal
				  extracted and stockpiled may be excluded from the calculation of cumulative
				  production until the time of its sale, transfer to a related entity or use:
1. up to an amount equaling a 12-month supply
				  of the coal required for future sale, transfer or use as calculated based upon
				  the average annual sales, transfer and use from the mining area over the two
				  preceding years; or
2. for a mining
				  area where coal has been extracted for a period of less than two years, up to
				  an amount that would represent a 12-month supply of the coal required for
				  future sales, transfer or use as calculated based on the average amount of coal
				  sold, transferred or used each month.