Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 2 - Department of Public Safety and Corrections-Hazardous Materials › Chapter 101 - Hazardous Material Information Development, Preparedness, and Response Act › Section V-10109 - Inventory Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  substances listed on the list of "Extremely Hazardous Substances" as found in
				   40 CFR, Part 355, Appendix A, now in effect or amended hereafter, must be
				  reported for the prior calendar year beginning January 1 and ending December
				  31, on an inventory form by March 1, 1988, and annually thereafter, if the
				  material is present on site on any single day in amounts of 500 pounds or more
				  or the listed threshold quantity if lower than 500 pounds. The threshold
				  (inventory) quantity (TQ) for each of these materials is indicated (in pounds)
				  in the column to the right of the material marked "Threshold Inventory Quantity
				  (TQ)." Where a material shows a threshold (inventory) quantity (TQ) listed as
				  10/500 or 100/500 etc., it is reportable as follows: The lower number is the
				  reportable amount if the material is a solid existing in powdered form and has
				  a particle size less than 100 microns; or is handled in solution or in molten
				  form; or meets the criteria for a National Fire Protection Association (NFPA)
				  rating of 2, 3, or 4 for reactivity. If the solid does not meet any of these
				  criteria, it is subject to the higher inventory reporting threshold.
B. Any material for which a facility must
				  prepare or maintain a Material Safety Data Sheet (MSDS) under the Occupational
				  Safety and Health Administration (OSHA) Hazard Communication Standard (as
				  listed in
				  29 CFR
				  1910.1200 et seq.) must be reported, for the
				  prior calendar year beginning January 1 and ending December 31, on an inventory
				  form annually beginning March 1, 1988, if the material is present at a facility
				  in threshold (inventory) quantities (TQ) of 500 pounds or more on any single
				  day.
C. The materials regulated by
				  Subsection B above of these rules are also regulated under the inventory
				  reporting provision of Section 312 of Title III of the Superfund Amendments and
				  Reauthorization Act. Incorporated in the federal reporting provisions was an
				  initial temporary threshold for reporting quantities of these materials such
				  that for 1987, 1988 and 1989 inventory quantities which met or exceeded 10,000
				  pounds were reportable. In 1990, EPA published its final threshold regulations
				  setting the final threshold (inventory) quantity for 1990 and beyond at 10,000
				  pounds. In this area, the Louisiana law and federal law differ. The state
				  requires reporting of all regulated materials at the 500-pound level unless the
				  threshold quantity for an extremely hazardous substance is lower.
D. Mixtures without their own Chemical
				  Abstract Service (CAS) numbers will be reported as follows: The mixture trade
				  name or common name shall be listed with the hazardous component(s) which
				  requires its reporting on the Tier Two inventory report. The component(s)
				  Chemical Abstract Service (CAS) number, if available, will also be provided in
				  association with the hazardous component. Any component information withheld in
				  contradiction to the most current OSHA MSDS requirements or U.S. EPA's trade
				  secret claim process shall be subject to enforcement and civil liability
				  actions at the state and federal level. If a hazardous material is part of a
				  mixture, you should report the entire mixture, its total weight, and the
				  hazardous material(s) contained therein, with its percentage present in the
				  mixture, (e.g., if a hazardous solution weighs 100 pounds and is composed of
				  only 5 percent of a particular hazardous material, you should indicate 100
				  pounds of the mixture, identify the hazardous material and indicate that it is
				  5 percent of the mixture).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:2361
					 et seq.