reglab/statecodes huggingface dataset:
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-5105 - Test Methods and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The testing laboratory shall have adequately documented instructions on the use
				  and operation of all relevant equipment, on the handling and preparation of
				  test items, where applicable, and on standard testing techniques, where the
				  absence of such instructions could jeopardize the efficiency of the testing
				  process. All instructions, standards, manuals, and reference data relevant to
				  the work of the testing laboratory shall be maintained up-to-date and be
				  readily available to the staff.
B.
				  The testing laboratory shall use department-approved methodologies. These
				  methodologies shall be available to the staff performing the tests.
1. Any variance from department-approved
				  methodology is acceptable with prior written confirmation by the department.
				  When an approved method or an appropriate modification is not available, the
				  data may be accepted when submitted with the method validation package that
				  must include, at a minimum, the requirements found in Paragraph B.2 of this
				  Section.
2. Where it is necessary
				  to deviate from department-approved methods, a method validation package shall
				  be submitted. This validation package must include, at a minimum, the
				  following:
a. origin of method;
b. deviations from standard;
c. reason for deviations;
d. effects of deviations; and
e. comparison with the department-approved
				  methods replaced, with documentation indicating results achieved from the
				  modified method are equal to or better than the original method.
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-5107 - Deficiencies Identified during On-Site Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever deviations or deficiencies are
				  found during an inspection, documentation of same will be included in the
				  written report as required in LAC 33:I.5101.E.7. The laboratory representatives
				  (or designees) will be asked to attest to (sign) receipt of the on-site
				  inspection form and review same with the representative of the department
				  conducting the inspection. The laboratory shall have a period of 30 calendar
				  days from date of receipt of the laboratory inspection report in which to
				  respond to the deficiencies reported and submit a plan for correcting all
				  identified deficiencies. If the laboratory fails to respond, the accreditation
				  process will terminate and the laboratory will be considered as
				  nonaccredited.
B. The laboratory
				  shall correct any deficiencies or deviations within six months from the date of
				  receipt of the inspection report. If deficiencies affecting the accuracy of
				  results are found, the accreditation shall be immediately suspended or
				  revoked.
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 51 - On-Site Inspection/Evaluation › Section I-5109 - Report of On-Site Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department shall prepare for each
				  accredited laboratory a listing of the test categories for which the laboratory
				  has demonstrated proficiency during inspections. Inspection reports and
				  listings shall be deemed public records. The department shall prepare a
				  certificate of accreditation identifying the test categories for which the
				  laboratory has been approved.
B.
				  Whenever an accredited laboratory completes the requirements for increasing the
				  scope of accredited analyses performed, another on-site inspection may be
				  required, unless the previous annual on-site inspection verifies the competency
				  of the laboratory to perform the additional tests.
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 51 - On-Site Inspection/Evaluation › Section I-5111 - Laboratory Safety Program

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  While specific safety criteria are not an aspect of laboratory accreditation,
				  laboratory personnel should apply general and customary safety practices as
				  part of good laboratory procedures. Each laboratory is strongly encouraged to
				  have a written safety plan as part of their standard operating procedures.
				  However, when safety practices are included in any approved method, those
				  procedures become mandatory and must be strictly followed.
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 53 - Quality System Requirements › Section I-5301 - Quality Assurance/Quality Control Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each laboratory seeking accreditation
				  shall maintain their Quality Assurance/Quality Control (QA/QC) program using
				  appropriate document control practices. The quality assurance manual,
				  analytical methods, and administrative procedures necessary to meet
				  requirements of these regulations shall be reviewed for accuracy and approved
				  for release by the appropriate personnel, distributed, and controlled to ensure
				  the use of the current approved version. Each laboratory seeking accreditation
				  shall:
1. have documented quality control
				  procedures in use for each analytical procedure;
2. comply with all quality control procedures
				  required by applicable federal, state, or public health agencies when
				  performing analyses; and
3. have
				  procedures to be followed for feedback and corrective action whenever testing
				  discrepancies are detected or departures from documented policies and
				  procedures occur.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 53 - Quality System Requirements › Section I-5303 - Equipment and Supplies

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  laboratory shall be furnished with or have access to all items of equipment
				  required for correct performance of the analytical procedures for which it is
				  accredited.
B. All equipment shall
				  be properly maintained. Maintenance shall be documented.
C. Defective equipment shall be removed from
				  service and labeled until it has been repaired and shown to function
				  satisfactorily.
D. Records shall be
				  maintained for each item of equipment and all reference materials significant
				  to the tests performed. Maintenance logbook(s) and/or an electronic maintenance
				  database with scheduled backups shall be maintained for all major equipment.
				  Each log shall include:
1. the name of the
				  item of equipment;
2. the
				  manufacturer's name, type identification, and serial number;
3. the date received and the date placed in
				  service;
4. the condition of
				  equipment when placed in service (new, used, or reconditioned);
5. the current location;
6. the location of manufacturer's instruction
				  manual (if available); and
7. the
				  details of maintenance, including history of any damage, malfunction,
				  modification, or repair.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 53 - Quality System Requirements › Section I-5305 - Calibration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Measuring and
				  testing equipment used by the testing laboratory shall be calibrated, where
				  appropriate, before being put into service and thereafter according to an
				  established program.
B. The overall
				  program of calibration of equipment shall be designed and operated so as to
				  ensure that measurements made in the testing laboratory are traceable (where
				  the concept is applicable) to national standards of measurement and, where
				  available, to international standards of measurement specified by the
				  International Committee of Weights and Measures. Where the concept of
				  traceability to national or international standards of measurement is not
				  applicable, the testing laboratory shall provide satisfactory evidence of
				  correlation or accuracy of test results (e.g., by participation in a suitable
				  program of interlaboratory comparisons).
C. The laboratory shall record all
				  calibration data including frequency, conditions, and standards used for all
				  analytical methodology.
D. The
				  laboratory shall verify and document all standards versus primary (reference)
				  standards.
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 53 - Quality System Requirements › Section I-5307 - Test Methods and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The laboratory shall have procedures for making and controlling revisions to
				  in-house SOPs, using revised SOPs only after written authorization from the
				  designated laboratory authority.
B.
				  Quality control procedures shall be documented and available to the staff as
				  required in LAC 33:I.5301.C.
C. All
				  manual calculation and data transfers shall be subject to appropriate checks.
1. When manual calculations are checked by a
				  supervisor or another analyst, the results shall be initialed and dated on the
				  work sheet by the individual who verified the results.
2. Where results are derived by electronic
				  data processing techniques, the stability of the system shall be such that the
				  accuracy of the results is not affected. This generally implies an ability to
				  detect malfunctions in the hardware during program execution and take
				  appropriate corrective action. Adherence to good automated laboratory practices
				  (GALP) is recommended; however, at a minimum the laboratory must comply with
				  the following:
a. computer software must be
				  appropriate for the intended use;
b. procedures must be established and
				  implemented for the protection of the integrity of data. Such procedures shall
				  include:
i. integrity of data entry or
				  capture;
ii. data
				  storage;
iii. data transmission;
				  and
iv. data processing;
c. computer and automated
				  equipment must be provided with acceptable environmental operating conditions
				  in order to maintain the operating integrity of the system; and
d. appropriate procedures must be implemented
				  in order to maintain the security of data. These procedures must include
				  prevention of unauthorized access to computer records and prevention of
				  unauthorized amendments or changes to computer records.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 53 - Quality System Requirements › Section I-5309 - Radiochemistry and Radionuclide Assay

Current through Register Vol. 50, No. 6, June 20, 2024
A. General Requirements. Radiochemistry and
				  radionuclide assay laboratories shall be subject to the requirements set forth
				  throughout these regulations and to those specific requirements established in
				  this Section. These are minimum specifications, and more stringent criteria may
				  be utilized.
B. Quality Control
				  Practices
1. The laboratory shall continually
				  evaluate its performance for each method and matrix that includes the
				  determination of accuracy and precision.
2. Supervisory personnel shall conduct a
				  documented review of the data calculations and quality control (QC)
				  results.
3. Deviations or
				  deficiencies shall be reported to management and documented. QC data shall be
				  retrievable for all analyses.
4.
				  Method detection limits shall be determined and documented. Confirmation of
				  detection limits shall be done yearly or as required by the method.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 53 - Quality System Requirements › Section I-5311 - Quality Assurance for Biomonitoring Laboratories

Current through Register Vol. 50, No. 6, June 20, 2024
A. Quality assurance practices for toxicity
				  testing laboratories must address all activities that affect the quality of the
				  final effluent toxicity data, such as:
1.
				  effluent sampling and handling;
2.
				  the source and condition of the test organisms;
3. condition of equipment;
4. test conditions;
5. instrument calibration;
6. replication;
7. use of reference toxicants;
8. recordkeeping; and
9. data evaluation.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 53 - Quality System Requirements › Section I-5313 - Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. The work carried
				  out by the testing laboratory shall be covered by a report that accurately,
				  clearly, and unambiguously presents the test results and all other relevant
				  information. The report format should be specifically designed for the type of
				  test/analysis reported, but standardized headings should be utilized whenever
				  possible.
B. Each test report shall
				  include at least the following information:
1. name and address of testing
				  laboratory;
2. title of report,
				  unique identification of report (such as log number), identification of each
				  page of the report by number, and total number of pages in the
				  report;
3. description and
				  identification of the sample(s);
4.
				  date of receipt of sample(s) and date(s) of performance of test, as
				  appropriate;
5. identification of
				  the test method;
6. any deviations,
				  additions to, or exclusions from the test method and any other information
				  relevant to a specific test;
7.
				  disclosure of any nonstandard test method utilized;
8. measurements, examinations, and results,
				  accompanied by appropriate quality assurance (QA) documents;
9. a statement on measurement uncertainty
				  (where relevant);
10. a signature
				  and title of person(s) accepting technical responsibility for the test report
				  and date of issue;
11. if
				  applicable, a statement that indicates that the results relate only to the
				  items tested; and
12. if
				  applicable, a statement that indicates that the report shall not be reproduced
				  in full (or in part, if required) without the written approval of the
				  customer.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 53 - Quality System Requirements › Section I-5315 - Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. The laboratory
				  shall maintain a record system that shall produce accurate, readily available
				  records that document all laboratory activities. The testing laboratory shall
				  retain on record all original raw data and observations, calculations and
				  derived data, calibration records, and the final test report in a manner in
				  which the continuity and integrity of the analytical process is preserved. All
				  records shall be maintained for a minimum of 10 years or as required by
				  regulatory or legal requirement. Where computers or automated equipment are
				  used for the capture, processing, manipulation, recording, reporting, storage,
				  or retrieval of test data, the laboratory shall ensure that:
1. computer software is documented and
				  adequate for use;
2. procedures are
				  established and implemented to protect the integrity of data. Such procedures
				  shall include, at a minimum, integrity of data entry or capture, data storage,
				  data transmission, and data processing;
3. computers and automated equipment are
				  maintained to ensure proper functioning and retrieval of data; and
4. procedures are developed and implemented
				  to maintain security of data, including prevention of unauthorized access to,
				  or unauthorized amendment of, computer records.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 55 - Sample Protocol/Sample Integrity › Section I-5501 - Unacceptable Samples

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  When a sample is received by the testing laboratory and it is apparent or
				  suspected that the sample protocol has not been followed, the laboratory should
				  have a written procedure for handling of the questionable sample. The
				  laboratory may choose to notify the customer and either request another sample
				  or, if the customer insists upon analysis of the sample, reserve the right to
				  include a disclaimer in the final report identifying the sample anomaly. This
				  disclaimer must be permanently attached to the final report.
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 57 - Maintenance of Accreditation › Section I-5701 - Display of Accreditation Certificate

Current through Register Vol. 50, No. 6, June 20, 2024
A. A current accreditation document shall be
				  displayed at all times in a location visible to the public in each accredited
				  laboratory. In cases of suspension or discreditation, the document shall be
				  immediately removed.
B. The
				  accreditation documents shall note the scope of accreditation
				  (classes/parameters of approved testing) as well as the time frame for which
				  the laboratory is accredited.
C.
				  The accredited laboratory shall not misrepresent its state or NELAP
				  accreditation documents. This shall include use in laboratory reports,
				  catalogs, advertising, business solicitations, or proposals.
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 57 - Maintenance of Accreditation › Section I-5703 - Renewal of Accreditation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Accreditation shall be renewed annually, provided the testing laboratory has
				  maintained compliance with these regulations, has reported acceptable
				  proficiency test values for accredited classes, and has paid appropriate
				  fees.
B. Failure to receive a
				  renewal notice does not exempt laboratories from meeting the renewal date
				  requirements.
C. Failure to pay the
				  required renewal fees for 30 days shall automatically suspend accreditation of
				  the laboratory until the fee is received by the department.
D. Failure to pay the required renewal fees
				  for 90 days shall automatically result in discreditation of the laboratory. A
				  laboratory whose accreditation has expired may reapply.
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 57 - Maintenance of Accreditation › Section I-5707 - Changes in Laboratory Operation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Changes in laboratory name, ownership,
				  location, personnel, facilities, methodology, or any factors significantly
				  affecting the performance of analyses for which the laboratory was originally
				  accredited shall be reported to the Office of Environmental Assessment within
				  30 days.
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 57 - Maintenance of Accreditation › Section I-5709 - Reaccreditation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Reaccreditation
				  shall require the submission of a new, revised application demonstrating and
				  documenting corrective action implemented since loss of accreditation
				  status.
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 59 - Accreditation for Laboratories Participating in the NELAP Certification Program › Section I-5901 - Accreditation Process

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  In-state laboratories participating in the National Environmental Laboratory
				  Accreditation Program (NELAP) shall be certified under standards established by
				  these regulations and those of the NELAP program, as found at
				  http://134.67.104.12/html/nelac/standards.htm or by writing NELAP, U.S.
				  Environmental Protection Agency (MD-75A), Research Triangle Park, NC 27711,
				  Attention: NELAP Director, telephone (919) 541-1120. NELAP-certified
				  laboratories shall be required to meet the requirements for reciprocity as set
				  forth in LAC 33:I.4713.
B. The
				  NELAP accreditation process comprises these basic steps:
1. the submittal to the department of a
				  written request from the laboratory in the form of an application provided by
				  the department with the payment of all applicable fees;
2. a review of personnel
				  qualifications;
3. an on-site
				  assessment/evaluation of the laboratory submitting the request/application by
				  authorized representatives of the department with the appropriate laboratory
				  background;
4. the successful
				  participation in the NELAP-approved proficiency evaluations; and
5. a review of the quality assurance/quality
				  control practices, and quality systems in use at the laboratory.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 59 - Accreditation for Laboratories Participating in the NELAP Certification Program › Section I-5903 - Categories of Accreditation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  A laboratory may apply for accreditation in any 1 or more of the 4 matrices and
				  in 1 or more of the 11 test categories applicable to the matrix (matrices)
				  selected. The laboratory shall be accredited in those parameters/analytes
				  within the test category(ies) found in LAC 33:I.4705.B and
matrix
				  (matrices)
, as defined in LAC 33:I.4503. The laboratory shall be
				  accredited in those parameters/analytes within the test category(ies) for which
				  the laboratory demonstrates acceptable performance on proficiency samples (when
				  available) and meets all other requirements of these regulations.
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 59 - Accreditation for Laboratories Participating in the NELAP Certification Program › Section I-5905 - Inspections of a Laboratory

Current through Register Vol. 50, No. 6, June 20, 2024
A. As
				  a condition of obtaining and maintaining NELAP accreditation, the laboratory
				  shall permit and facilitate inspections/assessments by personnel or designated
				  representatives of the department. The specific requirements for an on-site
				  inspection are outlined in LAC 33:I.Chapter 51.
B. Inspectors shall conform to appropriate
				  safety procedures during an on-site inspection. The specific requirements for
				  an inspector are outlined in LAC 33:I.4709.B.
C. A comprehensive on-site
				  inspection/assessment of each accredited laboratory shall be conducted at
				  intervals of not more than two years. The department may make an announced or
				  unannounced inspection or assessment of an accredited laboratory whenever the
				  department, in its discretion, considers such an inspection or assessment
				  necessary to determine the extent of the laboratory's compliance with the
				  conditions of its accreditation and these regulations.
D. The primary accrediting authority shall
				  forward a written report of findings to the laboratory within 30 calendar days
				  from the date of the on-site inspection/assessment.
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 59 - Accreditation for Laboratories Participating in the NELAP Certification Program › Section I-5907 - Corrective Action Reports in Response to On-Site Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. The laboratory
				  shall submit to the department a corrective action plan/report. The plan/report
				  shall include, at a minimum, the action(s) that the laboratory shall implement
				  to correct each deficiency noted in the on-site inspection/assessment report
				  and the time period required to accomplish each corrective action.
1. If the corrective action plan/report is
				  deemed unacceptable, the laboratory shall have an additional 30 days to submit
				  a revised corrective action plan/report.
2. If the corrective action plan/report is
				  deemed unacceptable after the second submittal, the laboratory shall have its
				  accreditation revoked in accordance with Section 4.4 3 of the NELAP standards
				  for all or any portion of its scope of accreditation for any or all fields of
				  testing.
3. If the laboratory fails
				  to implement the corrective actions as stated in their corrective action
				  plan/report, its accreditation shall be revoked.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 59 - Accreditation for Laboratories Participating in the NELAP Certification Program › Section I-5909 - Proficiency Testing Participation

Current through Register Vol. 50, No. 6, June 20, 2024
A. All laboratories seeking accreditation
				  under NELAP shall participate in the department-approved proficiency testing
				  program as required in LAC 33:I.4711.
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 59 - Accreditation for Laboratories Participating in the NELAP Certification Program › Section I-5911 - Accreditation for Out-of-State Laboratories Seeking NELAP Accreditation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Acceptance of
				  accreditation from another NELAP accrediting authority in that field of testing
				  shall be determined by the department. The laboratory must comply with these
				  regulations and the standards established by NELAP. NELAP certified
				  laboratories shall be required to meet the requirements for reciprocity as set
				  forth in LAC 33:I.4713.
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 59 - Accreditation for Laboratories Participating in the NELAP Certification Program › Section I-5913 - Certification of Compliance Statement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Certification of Compliance statement
				  as required in Section 4.1 9 of the NELAP standards shall be required. This
				  statement shall be signed by the laboratory manager and the quality assurance
				  officer or other designated person.
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 59 - Accreditation for Laboratories Participating in the NELAP Certification Program › Section I-5915 - Accreditation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The period of
				  accreditation shall be one year. To maintain accreditation the laboratory shall
				  meet all requirements of these regulations and the NELAP standards.
B. The department may suspend or discredit a
				  laboratory in any or all of the test categories within the fields of testing
				  for failure to meet the requirements of these regulations and the NELAP
				  standards.
C. The department shall
				  notify the laboratory by registered letter of the suspension or discreditation
				  and the reason for the action.
D.
				  Accreditation shall remain in effect until revoked by the accrediting
				  authority, withdrawn at the written request of the accredited laboratory, or
				  the expiration of the accreditation period.
E. The laboratory may renew accreditation by
				  meeting the requirements outlined in LAC 33:I.5703.
F. Appeals for laboratories that have
				  received discreditation or revocation notices are governed by applicable
				  statutes.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 4 - Emergency Response Regulations › Chapter 69 - Emergency Response Regulations › Section I-6901 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The requirements
				  of these regulations apply to:
1. the release
				  or potential release of a pollutant resulting from an off-site
emergency condition
, as defined by this Chapter;
2. any incident that has been declared an
				  emergency by the secretary in accordance with
				  R.S.
				  30:2033; and
3. the transportation, receipt, and storage
				  of material resulting from the cleanup and/or abatement of an off-site
				  emergency condition.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 4 - Emergency Response Regulations › Chapter 69 - Emergency Response Regulations › Section I-6903 - Exclusions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The requirements
				  of these regulations do not apply to spills, cleanup, and/or abatement of
				  materials subject to management under the Oil Spill Prevention and Response
				  Act.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011(D)(1), (14), and
					 (15).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 4 - Emergency Response Regulations › Chapter 69 - Emergency Response Regulations › Section I-6907 - Notification Procedures for Emergencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon learning of an off-site emergency
				  condition, the responsible person having control over the material shall notify
				  the administrative authority, if notification is required, in accordance with
				  LAC 33:I.Chapter 39.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011(D)(1), (14), and
					 (15).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 4 - Emergency Response Regulations › Chapter 69 - Emergency Response Regulations › Section I-6909 - Emergency Abatement and/or Cleanup Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event of an off-site emergency
				  condition resulting in the release or potential release of a pollutant, any
				  responsible person having control over the material shall immediately commence
				  clean up of the release or commence emergency abatement activities to prevent
				  or control the release.
B.
				  Abatement and/or cleanup of an off-site emergency condition identified under
				  Subsection A of this Section shall be to the extent necessary to prevent a
				  hazard to human health and safety and the environment. However, nothing in this
				  Section shall preclude the administrative authority from requiring additional
				  cleanup or remediation measures under the hazardous waste, solid waste, or
				  other applicable department regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011(D)(1), (14), and
					 (15).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 4 - Emergency Response Regulations › Chapter 69 - Emergency Response Regulations › Section I-6911 - Responsible Person Unwilling or Unknown

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a responsible person required to clean
				  up or conduct abatement measures under LAC 33:I.6909 fails or refuses to do so,
				  or does not complete abatement and/or cleanup, the secretary may declare that
				  an emergency exists in accordance with
				  R.S.
				  30:2033 and abate the emergency and/or
				  cleanup the release or contract for the emergency abatement and/or cleanup of
				  the release or potential release.
B. In the event of an off-site emergency
				  condition resulting in release or potential release of a pollutant in which the
				  responsible person is unknown, the secretary may declare that an emergency
				  exists in accordance with
				  R.S.
				  30:2033 and initiate emergency abatement
				  and/or cleanup as necessary to protect public health and welfare and the
				  environment.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011(D)(1), (14), (15),
					 2015, and 2033.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 4 - Emergency Response Regulations › Chapter 69 - Emergency Response Regulations › Section I-6913 - Reimbursement for Expenses of Emergency Abatement and/or Cleanup

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  administrative authority may seek reimbursement for any emergency abatement
				  and/or cleanup costs incurred by the state by any method provided by
				  law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011(D)(1), (14), (15),
					 and 2015.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 4 - Emergency Response Regulations › Chapter 69 - Emergency Response Regulations › Section I-6915 - Transportation, Receipt, and Storage of Material from the Cleanup and/or Abatement of an Off-Site Emergency Condition

Current through Register Vol. 50, No. 6, June 20, 2024
A. Transportation, receipt, and storage of
				  any material generated as a result of the cleanup and/or abatement of any
				  off-site emergency condition, and not specifically authorized by the
Louisiana Administrative Code
, Title 33, Part V, Subpart 1,
				  may be authorized by the administrative authority.
B. These regulations supplement and do not
				  replace requirements of 49 CFR Parts 100-177 that remain fully applicable to
				  the transportation of hazardous materials.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011(D)(1), (14), and
					 (15).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 4 - Emergency Response Regulations › Chapter 69 - Emergency Response Regulations › Section I-6917 - Easements, Rights of Way, Eminent Domain

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event of a declared emergency
				  condition, the secretary shall have the authority to claim comprehensive
				  easement, rights of way, and eminent domain over the immediate site or the
				  location of the emergency condition and all other areas sufficient to secure,
				  contain, cleanup, or abate the emergency condition in accordance with
				  R.S.
				  30:2036.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011(D)(1), (14), (15),
					 and 2036.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 4 - Emergency Response Regulations › Chapter 69 - Emergency Response Regulations › Section I-6919 - Emergency Response Storage Facility Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Section applies to emergency response
				  storage facilities not otherwise authorized by the
Louisiana
				  Administrative Code
, Title 33.
1.
				  Storage Restrictions
a. Storage of material
				  generated from the abatement and/or cleanup of an off-site emergency condition
				  may be authorized by the administrative authority for up to 90 days. Storage of
				  such material maintained in an emergency response facility shall be in
				  accordance with the requirements in Paragraph A.2 of this Section.
b. If required, due to unforeseen, temporary,
				  or uncontrollable circumstances, the administrative authority may authorize
				  storage for longer than 90 days. No extension granted in accordance with this
				  Section may exceed 30 days in duration.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 4 - Emergency Response Regulations › Chapter 69 - Emergency Response Regulations › Section I-6921 - Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				  later than 30 days after material from the cleanup and/or abatement of an
				  off-site emergency condition is removed from an emergency response storage
				  facility, the owner or operator of the facility shall submit a written report
				  detailing the ultimate disposition of the material, by mail or fax to SPOC. The
				  report shall be clearly marked "WASTE DISPOSITION REPORT." The report shall
				  reference the department-issued incident number. Other information in the
				  report may include location and date of the emergency incident, name and
				  address of the company transporting the pollutant that resulted from the
				  emergency incident, name and location of the facility where the pollutant
				  is/was stored, and name and location of the facility accepting the pollutant
				  for disposal, recycling, or reuse.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011(D)(1), (14), and
					 (15).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 4 - Emergency Response Regulations › Chapter 69 - Emergency Response Regulations › Section I-6923 - Characterization of Stored Material

Current through Register Vol. 50, No. 6, June 20, 2024
A. The responsible person must determine the
				  character (chemical composition and regulatory status) of any material stored
				  in an emergency response storage facility before the time allowed for storage
				  in accordance with LAC 33:I.6919 has elapsed and prior to any subsequent
				  management activities, except as authorized by the administrative
				  authority.
B. Except as otherwise
				  provided by this Chapter, materials generated from the abatement and/or cleanup
				  of an off-site emergency condition or cleanup as a result of a discharge of a
				  pollutant must be managed according to the requirements of all applicable
				  regulations including, but not limited to, LAC 33:V and VII.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011(D)(1), (14), (15),
					 and 2025.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 4 - Emergency Response Regulations › Chapter 69 - Emergency Response Regulations › Section I-6925 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Failure to
				  Comply. Failure of any person to comply with any of the provisions of these
				  regulations or order issued hereunder constitutes a violation of the
				  act.
B. Investigations: Purposes,
				  Notice. Investigations may be undertaken to determine whether a violation has
				  occurred or is about to occur, the scope and nature of the violation, and the
				  persons or parties involved. The results of an investigation shall be given to
				  any complainant who provided the information prompting the investigation, upon
				  written request, and if advisable, to the person under investigation if the
				  identity of such person is known.
C. Development of Facts, Reports
1. The administrative authority may conduct
				  inquiries and develop facts in investigations by staff investigatory procedures
				  or formal investigations and may conduct inspections and examinations of
				  facilities and records. The administrative authority or a presiding officer may
				  hold public hearings and/or issue subpoenas in accordance with
				  R.S.
				  30:2025(I) and require
				  attendance of witnesses and production of documents, or may take such other
				  action as may be necessary and authorized by the act or rules promulgated by
				  the administrative authority. At the conclusion of the investigation all facts
				  and information concerning any alleged violation shall be compiled by the staff
				  of the department. A report of the investigation shall be presented to the
				  administrative authority for use in possible enforcement proceedings. Any
				  complainant who provided the information prompting the investigation shall be
				  notified of its results.
2. The
				  administrative authority shall have access to and be allowed to copy any
				  records that the department or its representative finds necessary for the
				  enforcement of these regulations. For records maintained in either a central or
				  private office that is open only during normal office hours and is closed at
				  the time of the inspection, the records shall be made available as soon as the
				  office is open, but in no case later than noon the next working day.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 5 - Voluntary Environmental Self-Audit Program › Chapter 70 - Voluntary Environmental Self-Audit Regulations › Section I-7001 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulations for
				  establishing a program for voluntary environmental self-audits are hereby
				  established by the Louisiana Department of Environmental Quality by order of
				  the administrative authority and in accordance with
				  R.S.
				  30:2025(J),
				  30:2060(H),
				  30:2076(D),
				  30:2183(I), and
				  30:2044(A).
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 30:2044(A).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 5 - Voluntary Environmental Self-Audit Program › Chapter 70 - Voluntary Environmental Self-Audit Regulations › Section I-7003 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this Chapter is to establish regulations for the voluntary environmental
				  self-audit program. This Chapter:
1.
				  identifies violations that are not eligible for relief under this
				  program;
2. establishes procedures
				  for conducting voluntary environmental self-audits;
3. establishes fees associated with this
				  program; and
4. addresses
				  prescription for violation(s) subject to this program.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 5 - Voluntary Environmental Self-Audit Program › Chapter 70 - Voluntary Environmental Self-Audit Regulations › Section I-7005 - 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.
Audit or Environmental Audit
-a systematic
					 voluntary evaluation, review, or assessment of compliance with environmental
					 statutes, regulations, permits, and/or permit requirements.
Audit Report or Environmental Audit
					 Report
-the documented analyses, conclusions, and recommendations
					 resulting from an environmental audit.
Department
-the Louisiana Department of
					 Environmental Quality.
EPA
-the United States Environmental
					 Protection Agency.
Owner or Operator
-any person(s) who owns,
					 leases, operates, controls, or supervises a facility, building, structure, or
					 installation.
Person
-any individual, municipality,
					 public or private corporation, partnership, firm, the United States government
					 and any agent or subdivision thereof, or any other juridical person, which
					 shall include, but not be limited to, trusts, joint stock companies,
					 associations, the state of Louisiana, political subdivisions of the state of
					 Louisiana, commissions, and interstate bodies.
Regulated Entity
-any entity, including a
					 federal, state, or municipal agency or facility, regulated under federal and/or
					 state environmental laws.
Subtitle
-the Louisiana Environmental
					 Quality Act.
Violation
-noncompliance with a requirement
					 of a statute, regulation, permit, judicial or administrative order, or consent
					 agreement.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 30:2044(A).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 5 - Voluntary Environmental Self-Audit Program › Chapter 70 - Voluntary Environmental Self-Audit Regulations › Section I-7007 - Exclusions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Violations that
				  are not eligible for relief under this program shall include, but not limited
				  to violations:
1. that result in serious
				  actual harm to the environment;
2.
				  that may present an imminent or substantial endangerment to the environment or
				  public health;
3. discovered by the
				  department or EPA prior to written disclosure of the violation to the
				  department;
4. detected through
				  monitoring, sampling, or auditing procedures that are required by statute,
				  regulation, permit, judicial or administrative order, or consent
				  agreement;
5. subject to the
				  chemical accident prevention provisions of  40 CFR Part 68  and LAC
				  33:III.5901;
6. that are deliberate
				  or intentional; or
7. that are the
				  same or closely related at the same facility within the past three
				  years.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 5 - Voluntary Environmental Self-Audit Program › Chapter 70 - Voluntary Environmental Self-Audit Regulations › Section I-7009 - Program Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Procedures for Conducting Voluntary Environmental Self-Audits
1. Notice of Audit
a. The owner or operator shall notify the
				  department prior to initiating a voluntary environmental audit in order to
				  qualify for penalty mitigation.
b.
				  The owner or operator shall use the department's most current version of the
				  approved notice of audit form located on the department's public
				  website.
c. A notice of audit shall
				  be submitted in writing by certified mail or other means approved by the
				  department.
d. The department shall
				  acknowledge receipt of the notice of audit in writing.