reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 27 - Mercury Risk Reduction › Subchapter A - Requirements Related to the Sale of Mercury-Added Products › Section I-2721 - Best Management Practices for Health Care Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any health care facility using a
					 formulated mercury-added product, a fabricated mercury-added product, or a
					 mercury-added product must maintain a current and appropriate Material Safety
					 Data Sheet (MSDS), as defined in
					 42
					 U.S.C. 11049, for any elemental mercury
					 used.
B. Any health care facility
					 using a formulated mercury-added product, a fabricated mercury-added product,
					 or a mercury-added product must maintain a statement signed by its authorized
					 representative that certifies that its employees and other persons acting under
					 its direction or control:
1. will use the
					 mercury only for medical, dental, research, or manufacturing
					 purposes;
2. understand that
					 mercury is toxic, and will store, use, and otherwise handle such mercury in
					 accordance with Subsection C of this Section; and
3. will dispose of the elemental mercury,
					 formulated mercury-added product, fabricated mercury-added product, or
					 mercury-added product in accordance with Subsection C or F of this
					 Section.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 37 - Regulatory Innovations Programs › Section I-3701 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  establishes procedures for voluntary participation in the Louisiana
				  Environmental Regulatory Innovations Programs (LERIP) as provided by
				  R.S. 30:2561
				  et seq. Its purpose is to provide regulatory flexibility consistent with
				  federal guidelines in exchange for superior environmental
				  performance.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:2561
					 et seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 37 - Regulatory Innovations Programs › Section I-3703 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  terms used in this Chapter shall have the meanings listed below, unless the
				  context otherwise requires, or unless specifically redefined in a particular
				  Section.
Administrative Authority
- the Secretary
					 of the Department of Environmental Quality or his designee or the appropriate
					 assistant secretary or his designee.
Demonstration Project (DP)
- a project
					 containing all the elements required in LAC 33:I.3705, intended to be
					 implemented in exchange for regulatory flexibility.
Final Project Agreement (FPA)
- the final
					 document agreed upon between the secretary and a program participant that
					 specifically states the terms and duration of the proposed project. The final
					 project agreement is an enforceable document.
Regulatory Flexibility
- the power of the
					 Secretary of the Department of Environmental Quality to exempt a qualified
					 participant in a regulatory innovations program from regulations promulgated by
					 the department under this Chapter, consistent with federal law and
					 regulation.
Stakeholders
- citizens in the communities
					 near the project site, facility workers, government representatives, industry
					 representatives, environmental groups, or other public interest groups with
					 representatives in Louisiana and Louisiana citizens, or other similar
					 interests.
Superior Environmental
					 Performance
-
a. a significant decrease of pollution to levels lower than
					 the levels currently being achieved by the subject facility under applicable
					 law or regulation, where these lower levels are better than required by
					 applicable law and regulation; or
b. improved social or economic benefits, as determined by
					 the secretary, to the state, while achieving protection to the environment
					 equal to the protection currently being achieved by the subject facility under
					 applicable law and regulation, provided that all requirements under current
					 applicable law and regulation are being achieved by the
					 facility.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:2561
					 et seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 37 - Regulatory Innovations Programs › Section I-3705 - Application for a Demonstration Project

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application for a demonstration project
				  (DP) shall be submitted to the Office of the Secretary, Deputy Secretary. The
				  application shall, at a minimum, include:
1.
				  a narrative summary of the DP, including the specific statutes or rules for
				  which an exemption is being sought;
2. a detailed explanation including a
				  demonstration that the DP:
a. is at least as
				  protective of the environment and the public health as the method or standard
				  prescribed by the statute or rule that would otherwise apply;
b. will provide superior environmental
				  performance;
c. will not transfer
				  pollution impacts into a product;
d. will identify, if applicable, any proposed
				  transfer of pollutants between media;
e. will include verifiable measures of
				  success for project goals;
f. will
				  not increase or shift risk to citizens or communities;
g. is consistent with federal law and
				  regulation, including any requirement for a federally approved, delegated,
				  authorized, or implemented program or plan; and
h. reduces the time and money spent at the
				  facility on paperwork and other administrative tasks that do not directly
				  benefit the environment;
3. an implementation schedule that includes a
				  proposal for monitoring, recordkeeping, and/or reporting, where appropriate, of
				  environmental performance and compliance under the DP;
4. a plan to identify and contact
				  stakeholders, to advise stakeholders of the facts and nature of the project,
				  and to request stakeholder participation and review. Stakeholder participation
				  and review shall occur during the development, consideration, and
				  implementation stages of the DP. The plan shall also include notice to the
				  employees of the facility to be covered by the proposed project and a
				  description of efforts made or proposed to achieve local community
				  support;
5. the time period for
				  which the exemption is sought; and
6. any other information requested from the
				  applicant by the administrative authority during the application
				  period.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 37 - Regulatory Innovations Programs › Section I-3707 - Demonstration Project Priority System

Current through Register Vol. 50, No. 6, June 20, 2024
A. Priority will be given to projects after
				  considering whether the technology:
1. will
				  result in significant pollution prevention or source reduction, particularly in
				  low income areas already burdened with pollution;
2. will reduce air emissions in a
				  nonattainment area;
3. will
				  maintain or improve coastal wetland environments;
4. will be transferable to other members of
				  the regulated community; and
5.
				  will allow the department, the applicant, and other state and local agencies to
				  spend less time and resources over the long term to monitor and administer the
				  project.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 37 - Regulatory Innovations Programs › Section I-3709 - Review of Application for Demonstration Project

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 180 days after submittal of a
				  complete application for a DP, the department will conduct a review and notify
				  the applicant of its initial decision regarding acceptability of the proposed
				  project.
B. The department will
				  consider, among other factors, the applicant's compliance history and efforts
				  made to involve the stakeholders and to achieve local community
				  support.
C. If the department
				  determines the DP to be unacceptable, it will provide written reasons for the
				  determination.
D. A DP that has
				  been determined to be unacceptable may be resubmitted in accordance with
				  Subsection A of this Section provided all reasons for the unacceptable
				  determination have been addressed.
E. The department will not approve any DP as
				  a FPA if it requires prior approval by the USEPA, until the USEPA has formally
				  approved all regulatory flexibility necessary for execution of the FPA. When an
				  application for a DP includes regulatory flexibility that may affect a federal
				  requirement or a state requirement that implements a federally approved,
				  delegated, authorized, or implemented program or plan, the department shall
				  submit a copy of the application to the USEPA for review and
				  approval.
F. If the department
				  determines the DP to be acceptable:
1. a
				  public hearing will be held at a location near the proposed project to receive
				  comments;
2. public comments will
				  be received for 30 days after the hearing;
3. a response summary addressing the major
				  issues raised during the comment period will be prepared by the
				  department;
4. an applicant may be
				  required to supplement or modify the application;
5. a recommendation will be made to the
				  administrative authority to approve or deny the project; and
6. a FPA will be executed or a denial
				  issued.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 37 - Regulatory Innovations Programs › Section I-3711 - Public Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  applicant whose DP has been approved shall publish notice of the FPA in the
				  official journal of the parish governing authority where the project will be
				  implemented. Notice under this Section shall, at a minimum, include:
1. a brief description of the FPA and of the
				  business conducted at the facility;
2. the name and address of the applicant and,
				  if different, the location of the facility for which regulatory flexibility is
				  sought, and a brief description of the regulatory relief that has been granted;
				  and
3. the name, address, and
				  telephone number of a department contact person from whom interested persons
				  may obtain further information.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 37 - Regulatory Innovations Programs › Section I-3713 - Amendment or Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  application for amendment or renewal of a FPA shall be filed in the same manner
				  as an original application under this Chapter.
B. If amendment or renewal procedures have
				  been initiated at least 120 days prior to the FPA expiration date, the existing
				  FPA will remain in effect and will not expire until the administrative
				  authority has made a final decision on the amendment or renewal.
C. The administrative authority shall
				  determine whether a public hearing will be held.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:2561
					 et seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 37 - Regulatory Innovations Programs › Section I-3715 - Termination

Current through Register Vol. 50, No. 6, June 20, 2024
A. By the Recipient
1. A party to a FPA may terminate the FPA at
				  any time by sending notice of termination to the administrative authority by
				  certified mail.
2. The party
				  terminating must be in compliance with all existing statutes or regulations at
				  the time of termination.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 39 - Notification Regulations and Procedures for Unauthorized Discharges › Subchapter A - General › Section I-3901 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulations for
					 reporting unauthorized discharges or spills are hereby established by the
					 Department of Environmental Quality by order of the administrative authority
					 and pursuant to
					 R.S.
					 30:2025(J), 2060(H),
					 2076(D), 2183(I), 2194(C), and 2204(A).
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2025(J), 2060(H),
						2076(D), 2183(I), 2194(C), and 2204(A).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 39 - Notification Regulations and Procedures for Unauthorized Discharges › Subchapter A - General › Section I-3903 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purposes of
					 these regulations are as follows:
1. to
					 protect the health and well being of the people of the state of Louisiana and
					 to prevent and mitigate damage to property or to the environment due to
					 unauthorized discharges of pollutants to land, water, or air;
2. to provide a uniform notification and
					 reporting procedure for unauthorized discharges by any person;
3. to enable appropriate emergency response
					 to unauthorized discharge incidents; and
4. to provide the department with the
					 discharge information that shall be used to ensure compliance with permit terms
					 and conditions.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 39 - Notification Regulations and Procedures for Unauthorized Discharges › Subchapter A - General › Section I-3907 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
					 regulations apply to all persons or parties, both permitted and unpermitted,
					 licensed or unlicensed, who have responsibility for facilities, vessels,
					 transport vehicles, or sites from which an unauthorized gaseous, liquid,
					 semi-solid, or solid discharge may be released on or into the air, water, or
					 land environment within the boundaries of the state of Louisiana.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2025(J), 2060(H),
						2076(D), 2183(I), 2194(C), and 2204(A).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 39 - Notification Regulations and Procedures for Unauthorized Discharges › Subchapter A - General › Section I-3909 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Failure to
					 comply with any of the provisions of these regulations constitutes a violation
					 of the Louisiana Environmental Quality Act (R.S.
					 30:2001 et seq.). Each day of failure to give
					 the required notification shall constitute a separate violation and shall be in
					 addition to any other violations of the act.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2025(J), 2060(H),
						2076(D), 2183(I), 2194(C), and 2204(A).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 39 - Notification Regulations and Procedures for Unauthorized Discharges › Subchapter A - General › Section I-3911 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any provision
					 of these regulations or the application thereof to any person or circumstance
					 is held invalid, such invalidity shall not affect other provisions or
					 applications which can be given effect without the invalid provision or
					 application, and to this end provisions of these regulations are declared to be
					 severable.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2025(J), 2060(H),
						2076(D), 2183(I), 2194(C), and 2204(A).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 39 - Notification Regulations and Procedures for Unauthorized Discharges › Subchapter B - Requirements for Emergency Notification › Section I-3915 - Notification Requirements for Unauthorized Discharges That Cause Emergency Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Notification to the DPS 24-Hour Louisiana Emergency Hazardous Materials Hotline
1. In the event of an unauthorized discharge
					 that does cause an emergency condition, the discharger shall notify the hotline
					 by telephone at (225) 925-6595 (collect calls accepted 24 hours a day)
					 immediately (a reasonable period of time after taking prompt measures to
					 determine the nature, quantity, and potential off-site impact of a release,
					 considering the exigency of the circumstances), but in no case later than one
					 hour after learning of the discharge. (An emergency condition is any condition
					 which could reasonably be expected to endanger the health and safety of the
					 public, cause significant adverse impact to the land, water, or air
					 environment, or cause severe damage to property.) Notification required by this
					 Subsection will be made regardless of the amount of the discharge.
2. One notification to the hotline for any
					 unauthorized discharge will suffice for unauthorized discharges that continue
					 for more than one day if the initial notification clearly states that the
					 discharge is expected to continue for more than one day.
3. The hotline must be immediately notified
					 of any adverse change in the nature or rate of the discharge. Additional
					 notifications must be made for discharges of multiple constituents when they
					 originate from different causes or sources or they are substantially different
					 in nature from the discharges in the initial notification.
4. Compliance with this Section does not
					 relieve dischargers of the necessity of following any applicable written
					 notification procedure in LAC 33:I.3925 or any terms and conditions of any
					 applicable permit or license issued under the Louisiana Environmental Quality
					 Act.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 39 - Notification Regulations and Procedures for Unauthorized Discharges › Subchapter C - Requirements for Non-Emergency Notification › Section I-3917 - Notification Requirements for Unauthorized Discharges That Do Not Cause Emergency Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Except as noted in Subsection D below, in the event of an unauthorized
					 discharge that exceeds a reportable quantity specified in Subchapter E of this
					 Chapter, but that does not cause an emergency condition, the discharger shall
					 promptly notify DPS by telephone at (225) 925-6595 (collect calls accepted 24
					 hours a day) within 24 hours after learning of the discharge.
B. Compliance with this Section does not
					 relieve dischargers of the necessity of following any applicable written
					 notification procedure in LAC 33:I.3925 or any terms and conditions of any
					 applicable permit or license issued under the Louisiana Environmental Quality
					 Act.
C. Notification to the
					 Department of Environmental Quality. In the event of an unauthorized discharge
					 that requires notification under Subsection A of this Section, the DPS 24-hour
					 Louisiana Emergency Hazardous Materials Hotline will notify the Department of
					 Environmental Quality.
D. In the
					 event an unauthorized discharge that does not cause an emergency condition
					 exceeds a reportable quantity specified in LAC 33:I.3931.A.1.c, LAC
					 33:I.3931.A.1.d, LAC 33:I.3931.B.2, or LAC 33:I.3931.B.3, but no other
					 reportable quantity specified in Subchapter E of this Chapter, the discharger
					 shall promptly notify DPS as described in Subsection A of this Section only if
					 the discharge could reasonably be expected to escape the confinement of the
					 facility or to an area to which the general public has unrestricted
					 access.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2025(J), 2060(H),
						2076(D), 2183(I), 2194(C), and 2204(A).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 39 - Notification Regulations and Procedures for Unauthorized Discharges › Subchapter C - Requirements for Non-Emergency Notification › Section I-3919 - Notification Requirements for Unauthorized Discharges with Groundwater Contamination Impact

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
					 the event that any unauthorized discharge results in the contamination of the
					 groundwaters of the state or otherwise moves in, into, within, or on any
					 saturated subsurface strata, the discharger shall notify SPOC within seven
					 days.
B. Dischargers shall submit
					 written notification in accordance with LAC 33:I.3925 or any permit or license
					 terms and conditions issued under the Louisiana Environmental Quality
					 Act.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2025(J), 2076(D),
						2183(I), and 2204(A).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 39 - Notification Regulations and Procedures for Unauthorized Discharges › Subchapter D - Procedures for Notifying the Department › Section I-3923 - Notification Procedures for Other Regulatorily Required Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notifications
					 not required by LAC 33:I.3915 or 3917 shall be provided to the department
					 within a time frame not to exceed 24 hours, or as specified by the specific
					 regulation or permit provision requiring the notification, and shall be given
					 to SPOC, as follows:
1. by the online
					 incident reporting screens found at
http://www.deq.louisiana.gov/apps/forms/irf/forms/
;
2. by e-mail utilizing the information for
					 reporting releases found at
http://www.deq.louisiana.gov/portal/tabid/279/Default.aspx
;
3. by telephone at (225) 219-3640 during
					 office hours, or at (225) 342-1234 after hours and on weekends and holidays;
					 or
4. for radiation incidents, by
					 telephone at (225) 765-0160.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 39 - Notification Regulations and Procedures for Unauthorized Discharges › Subchapter D - Procedures for Notifying the Department › Section I-3925 - Written Notification Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Written reports for any unauthorized
					 discharge that requires notification under LAC 33:I.3915.A, 3917, 3919, or 3923
					 shall be submitted by the discharger to SPOC in accordance with this Section
					 within seven calendar days after the expiration of the time allowed for the
					 notification required by LAC 33:I.3915.A, 3917, 3919, or 3923, unless otherwise
					 provided for in a valid permit or other department regulation.
1. If mailed by US mail or other courier
					 service (e.g., Federal Express, UPS, etc.), the submittal date will be the date
					 of the postmark on the envelope accompanying the written notification
					 report.
2. If delivered by other
					 means (e.g., hand-delivered, faxed, etc.), the submittal date of the written
					 notification will be the date of receipt by the department.
3. For information required by Subsection B
					 of this Section that is not available at the time of submittal of the written
					 notification report due to an ongoing investigation, updates of the status of
					 the ongoing investigation of the unauthorized discharge shall be submitted
					 every 60 days until the investigation has been completed and the results of the
					 investigation have been submitted.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 39 - Notification Regulations and Procedures for Unauthorized Discharges › Subchapter E - Reportable Quantities for Notification of Unauthorized Discharges › Section I-3927 - Determination and Use of Reportable Quantity

Current through Register Vol. 50, No. 6, June 20, 2024
A. The reportable quantity list in this
					 Subchapter should be used to determine the need for and timeliness of
					 notification to the department for unauthorized discharges which do not cause
					 an emergency condition. This list is intended as a guide for the regulated
					 community to reportable quantities of some of the more common pollutants.
					 Exclusion of a substance from this list does not relieve the discharger from
					 the reporting requirements of this regulation or from those of other department
					 regulations. Each discharge must be evaluated individually and reported
					 appropriately by the discharger.
B.
					 The basis for determination of the reportable quantity for any pollutant in
					 this Subchapter, unless otherwise noted, will be that quantity of the substance
					 discharged continuously, intermittently, or as a one-time mass discharge within
					 any continuous 24-hour period.
C.
					 The reportable quantity determined under this Subchapter, except where
					 otherwise noted, will apply regardless of the environmental medium (land, air,
					 water, groundwater) into which the pollutant is discharged.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2025(J), 2060(H),
						2076(D), 2183(I), 2194(C), and 2204(A).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 39 - Notification Regulations and Procedures for Unauthorized Discharges › Subchapter E - Reportable Quantities for Notification of Unauthorized Discharges › Section I-3929 - Radionuclides: Notification of Incidents

Current through Register Vol. 50, No. 6, June 20, 2024
A. The reportable quantity for all
					 radionuclides will be determined in accordance with the Louisiana Radiation
					 Regulations, LAC 33:XV.Chapter 4.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2025(J), 2060(H),
						2076(D), 2183(I), 2194(C), and 2204(A).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 39 - Notification Regulations and Procedures for Unauthorized Discharges › Subchapter E - Reportable Quantities for Notification of Unauthorized Discharges › Section I-3931 - Reportable Quantity List for Pollutants

Current through Register Vol. 50, No. 6, June 20, 2024
A. Incorporation by Reference of Federal
					 Regulations
1. Except as provided in
					 Subsection B of this Section, the following federal reportable quantity (RQ)
					 lists are incorporated by reference:
a.
													40 CFR
					 117.3, July 1, 2016, table 117.3- reportable
					 quantities of hazardous substances designated pursuant to
					 section
					 311 of the Clean Water
					 Act;
b.
													40 CFR
					 302.4, July 1, 2016, table 302.4-list of
					 hazardous substances and reportable quantities;
c.  40 CFR
					 355, July 1, 2016, appendix A-the list of
					 extremely hazardous substances and their threshold planning quantities;
					 and
d.
													49 CFR
					 172.101, July 1, 2016, appendix A-list of
					 hazardous substances and reportable quantities.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 41 - Hazardous Waste Site Cleanup Fund Site Prioritization › Section I-4101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this Chapter is to establish procedures for prioritizing sites for funding from
				  the Hazardous Waste Site Cleanup Fund.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., in particular,
					 2205(D).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 41 - Hazardous Waste Site Cleanup Fund Site Prioritization › Section I-4103 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  applies to hazardous and nonhazardous sites to be funded by the Hazardous Waste
				  Site Cleanup Fund and will become effective on May 20, 2003.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., in particular,
					 2205(D).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 41 - Hazardous Waste Site Cleanup Fund Site Prioritization › Section I-4105 - Prioritization Scheme

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Each site shall be prioritized by a numerical ranking system based on:
1. health risks;
2. groundwater and surface water
				  contamination;
3. owner/operator
				  recalcitrance or refusal to comply with department-required actions;
4. site owner/operator financial
				  abilities;
5. eligibility for any
				  other viable funding mechanism;
6.
				  availability of money within the fund; and
7. determination by the secretary that the
				  fund should be used to facilitate actions in a timely manner to abate
				  emergencies.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 45 - Policy and Intent › Section I-4501 - Description and Intent of Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. Description and Intent of the Laboratory
				  Accreditation Program
1. These regulations
				  provide requirements for an accreditation program specifically applicable to
				  commercial laboratories, wherever located, that provide chemical analyses,
				  analytical results, or other test data to the department, by contract or by
				  agreement, and the data is:
a. submitted on
				  behalf of any facility, as defined in
				  R.S.
				  30:2004;
b. required as a part of any permit
				  application;
c. required by order
				  of the department;
d. required to
				  be included on any monitoring reports submitted to the department;
e. required to be submitted by contract;
				  or
f. otherwise required by
				  department regulations.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 47 - Louisiana Environmental Laboratory Accreditation Program (LELAP) State Accreditation Requirements › Section I-4701 - Accreditation Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department accreditation process comprises four basic steps:
1. the submittal to the Office of
				  Environmental Assessment of a written request from the laboratory in the form
				  of an application provided by the department, along with payment of all
				  applicable fees;
2. an on-site
				  assessment/evaluation of the laboratory submitting the request/application by
				  authorized representatives of the department with the appropriate laboratory
				  background;
3. the successful
				  participation in department-approved applicable proficiency evaluations;
				  and
4. both periodic technical
				  evaluation of the laboratory and periodic submittal by the laboratory of
				  written documentation that all requirements of the department accreditation
				  program are being fulfilled in order to maintain accreditation.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 47 - Louisiana Environmental Laboratory Accreditation Program (LELAP) State Accreditation Requirements › Section I-4703 - Application for Accreditation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  An applicant for environmental laboratory accreditation must be legally
				  identifiable and possess a permanent business address and telephone number. The
				  applicant laboratory must have the staff and resources in order to
				  satisfactorily accomplish those analyses/tests for which accreditation is
				  requested.
B. An application for
				  environmental laboratory accreditation shall be made in writing to the Office
				  of Environmental Assessment, using the current application provided by the
				  department. This application shall include all requested information and be
				  accompanied by the appropriate application fee. Supplemental information may be
				  required.
C. Laboratories
				  maintained on separate premises, even though operated under the same
				  management, shall be required to maintain distinct accreditation. If a
				  laboratory is located outside of the state of Louisiana, it shall be considered
				  a separate and distinct laboratory and shall require individual accreditation.
				  Separate accreditation is not required for buildings on the same or adjoining
				  grounds. If a mobile laboratory is operating independently within the state,
				  separate accreditation may be necessary.
D. Each laboratory shall identify an official
				  to represent it in all matters related to attaining and maintaining
				  environmental laboratory accreditation. This official shall be the point of
				  contact with the laboratory and shall be known as the laboratory
				  representative. The laboratory representative may be any senior person from
				  either the technical or managerial staff. The laboratory shall designate an
				  individual in a position of authority to ensure that the laboratory complies
				  with the criteria and conditions for accreditation. The laboratory shall also
				  designate an individual who has the authority to bind the company in a legal
				  manner.
E. In cases where all
				  application requirements have been met, including review of all methods and
				  quality assurance program data, a status of
interim status
, as
				  defined in LAC 33:I.4503.A, may be granted at the discretion of the department
				  on a case-by-case basis. Interim status may not exceed one year in length.
				  Before a laboratory is granted full accreditation, all requirements of these
				  regulations shall be met.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 47 - Louisiana Environmental Laboratory Accreditation Program (LELAP) State Accreditation Requirements › Section I-4705 - Categories of Accreditation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  At the time of application, each applicant shall clearly identify both the
				  matrix (matrices) and the test categories for which accreditation is sought. A
				  copy of each relevant test method documentation and the requisite equipment for
				  the method shall be available at the laboratory. A current list of approved
				  methods for each parameter/analyte shall be maintained by the Office of
				  Environmental Assessment and shall be included as part of the application
				  package. In cases where a method used by the laboratory is not listed, the
				  laboratory shall submit documentation that verifies that the results obtained
				  from the method in use are equal to or better than those results obtained from
				  the approved method(s). The department shall review the data submitted by the
				  laboratory and shall notify the laboratory in writing within 60 calendar days
				  regarding whether the method is acceptable or unacceptable as an alternate
				  method of analysis.
B. A laboratory
				  may apply for accreditation in any one or more of the four
matrices
, as defined in LAC 33:I.4503.A, and in one or more of
				  the 11 test categories applicable to the matrix (matrices) selected. The
				  laboratory shall be accredited in those parameters within the test
				  category(ies) for which the laboratory demonstrates acceptable performance on
				  proficiency samples (when available) and meets all other requirements of the
				  department accreditation program. The accreditation test categories are as
				  follows:
1. metals;
2. air pollutants including industrial
				  hygiene and Toxic Organic Compounds (T.O.) methods, stack sampling, and ambient
				  air;
3. nutrients, minerals, ions,
				  demands, classical wet chemistry, and total and fecal coliform;
4. microbiology (including fecal coliform and
				  total coliform);
5. bioassay and
				  biomonitoring;
6. organics
				  (including volatiles, semi-volatiles, pesticides, herbicides, and
				  PCBs);
7. dioxins and
				  furans;
8. radiochemistry and radio
				  assay;
9. asbestos;
10. geo-technical properties of soils
				  including, but not limited to, compaction test, permeability, particle size
				  analysis, soils classification, etc.; and
11. minor conventional
				  parameters-BOD5, oil and grease, TSS, pH, fecal and
				  total coliform, and residual chlorine.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 47 - Louisiana Environmental Laboratory Accreditation Program (LELAP) State Accreditation Requirements › Section I-4713 - Interim Acceptance of Accreditation by Another Accrediting Authority for In-State Laboratories

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Acceptance of accreditation from another accrediting authority as equivalent
				  accreditation shall be determined by the department.
B. All of the following requirements must be
				  fulfilled:
1. a completed application form
				  and support documents submitted;
2.
				  any appropriate fee(s) paid;
3.
				  evidence of successful participation in a proficiency testing program or its
				  equivalent;
4. written
				  documentation of accreditation sent to the department;
5. a comparison of certification requirements
				  from the accredited laboratory; and
6. an on-site evaluation/inspection conducted
				  by authorized representatives of the department or the previous inspection
				  conducted by the accrediting authority.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 47 - Louisiana Environmental Laboratory Accreditation Program (LELAP) State Accreditation Requirements › Section I-4715 - Accreditation for Laboratories Not Located in Louisiana

Current through Register Vol. 50, No. 6, June 20, 2024
A. Out-of-state laboratories may receive
				  accreditation via two mechanisms:
1. direct
				  application to the department based on the requirements of this program;
				  or
2. reciprocity based on
				  evaluation of current accreditation maintained. Reciprocal accreditation is
				  based on meeting the requirements set forth in LAC 33:I.4713.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 47 - Louisiana Environmental Laboratory Accreditation Program (LELAP) State Accreditation Requirements › Section I-4719 - Implementation

Current through Register Vol. 50, No. 6, June 20, 2024
A. All commercial
				  laboratories analyzing data as of the effective date of these regulations that
				  are directly or indirectly submitting data to the department must submit an
				  application for accreditation as required in LAC 33:I.4701.A.1, including the
				  review fee, by July 1, 2000. The department shall not accept laboratory data
				  generated by laboratories that do not comply with this deadline until such
				  laboratories receive accreditation and fully comply with the requirements of
				  this Section. The department shall not accept environmental data submitted to
				  the department either directly or indirectly until the laboratory has applied
				  for accreditation under these regulations.
B. All laboratories subject to these
				  regulations must receive accreditation from the department, as provided in
				  these regulations, undergo an on-site inspection as specified in LAC
				  33:I.4701.A.2, and successfully participate in proficiency evaluations as
				  required in LAC 33:I.4701.A.3 by December 31, 2000, or as otherwise agreed to
				  by the department and the applicant, not to exceed one year from December 31,
				  2000. The department shall not accept data generated by laboratories that do
				  not comply with these deadlines until such laboratories receive accreditation
				  and fully comply with the requirements of this Section.
C. The department will accept analytical data
				  generated by laboratories that do not comply with the deadlines established in
				  Subsection B of this Section for accreditation if such laboratories:
1. have submitted a complete application form
				  and supporting documents;
2. have
				  submitted documentation verifying certification/accreditation by a
				  department-approved accreditation program or supporting documentation showing
				  the quality assurance and quality control program used to generate analytical
				  data by the laboratory; and
3. have
				  paid appropriate fees.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 49 - Organization and Personnel Requirements › Section I-4901 - Laboratory Staff for All Programs Covered by These Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Managerial
				  Staff. The laboratory shall have the managerial staff with the authority and
				  resources needed to discharge their duties. The technical director or his/her
				  designated representative shall be a full-time member of the laboratory staff
				  who has the authority to exercise the day-to-day supervision of the laboratory
				  policies and procedures. The laboratory shall be organized in such a way that
				  confidence in its independence of judgment and integrity is maintained at all
				  times. The laboratory shall specify and document the responsibility, authority,
				  and interrelation of all personnel who manage, perform, or verify work
				  affecting the quality of calibrations and tests. Such documentation shall
				  include:
1. a clear description of the lines
				  of responsibility in the laboratory;
2. personnel proportioned such that adequate
				  supervision is ensured. An organizational chart is recommended; and
3. job descriptions for all
				  positions.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 51 - On-Site Inspection/Evaluation › Section I-5101 - Inspection Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  authorized representative(s) of the department shall schedule the initial
				  on-site inspection with the applicant laboratory. The authorized
				  representative(s) of the department may make an announced or unannounced
				  inspection or examination of an accredited laboratory whenever the department,
				  in its discretion, considers such an inspection or examination necessary to
				  determine the extent of the laboratory's compliance with the conditions of its
				  accreditation and these regulations. Any refusal to allow entry to this
				  representative shall constitute a violation of a condition of accreditation and
				  is grounds for discreditation. The laboratory shall provide appropriate safety
				  equipment for the department representative(s) when required.
B. Additional inspections may be conducted
				  when evaluations and submissions from the laboratory or its clients indicate
				  significant technical changes in the capability of the laboratory have
				  occurred.
C. The following shall be
				  available for review at the laboratory:
1.
				  quality assurance plan;
2. approved
				  methodology manual;
3. quality
				  assurance data; and
4. proficiency
				  test data.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 51 - On-Site Inspection/Evaluation › Section I-5103 - Laboratory Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  laboratory conditions in which the tests are undertaken shall not invalidate
				  the test results or adversely affect the required accuracy of measurement. The
				  laboratory shall have the equipment, adequate storage facilities, procedures to
				  preserve the identity, concentration and stability of samples, and energy
				  sources needed for proper testing. They shall be equipped with devices to
				  monitor essential environmental conditions. Specifically, the testing
				  laboratory shall include the following:
1.
				  adequate workspace, ventilation, light, and access to stable power sources at
				  work stations;
2. exhaust hoods for
				  proper elimination of volatile materials;
3. contamination-free work areas as
				  necessary;
4. chemical and sample
				  handling areas that will provide safe working areas and prevent cross
				  contamination of samples;
5.
				  adequate storage facilities for samples, extracts, reagents, solvents,
				  reference materials, and standards to preserve their identity, concentration,
				  purity, and stability;
6. adequate
				  procedures and facilities in place for collection, storage, and disposal of
				  wastes, including expired chemicals, reagents, solutions, standards, and other
				  material with a limited shelf-life;
7. where relevant, adequate procedures and
				  facilities for handling materials that may transmit infectious agents and
				  radioactive materials;
8.
				  appropriate storage for volatile, corrosive, or explosive chemicals and
				  flammable solvents;
9. adequate
				  separation of activities to ensure that no activity has an adverse effect on
				  analyses;
10. separate culturing
				  and testing facilities for biomonitoring laboratories; and
11. counting rooms that are physically
				  separated from other activities in radiological laboratories.