reglab/statecodes huggingface dataset:
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-10107 - Alternate Means of Compliance-Inventory Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following non-exclusive list of
				  facilities qualifies for alternate means of compliance under state law due to
				  the nature of their respective operations as well as the fact that emergency
				  response personnel can predict that hazardous materials should be present at
				  these facilities. These alternate means of compliance may not exist under
				  federal law and facilities subject to the federal law must determine their
				  respective applicability:
1. oil and gas
				  exploration and production facilities;
2. pipelines carrying any of the materials
				  regulated by these rules;
3.
				  certain facilities reporting to other state agencies;
4. gasoline service stations;
5. electrical transmission and distribution
				  facilities;
6. hydrocarbon storage
				  facilities other than at petroleum refineries;
7. transportation-related
				  facilities.
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-10111 - Release and Incident Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hazardous Materials Designation
1. The lists and categories of materials
				  identified in Paragraphs C.1, C.2, C.3, and C.4 below are deemed hazardous
				  materials and are hereby adopted pursuant to the authority of the deputy
				  secretary in accordance with
				  R.S. 30:2361
				  et seq.
2. The above-mentioned
				  listings and categories apply to all inventory and release reporting and
				  handling requirements mandated by
				  R.S. 30:2361
				  et seq. and all regulations adopted pursuant thereto.
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-10112 - Response, Command and Coordination

Current through Register Vol. 50, No. 6, June 20, 2024
A. As per the authority granted in
				  R.S.
				  30:2376, the Office of State Police,
				  Transportation and Environmental Safety Section will coordinate emergency
				  response activities arising from any release, or threatened release or incident
				  requiring reporting under these rules. Except as otherwise provided by law, as
				  State On-Scene Coordinator (SOSC), the Louisiana State Police shall have the
				  responsibility to ensure a safe and timely resolution to any hazardous
				  materials release or incident. All responding industries, contractors, and
				  agencies shall participate in the Incident Command process. Only those
				  participants meeting the training requirements of EPA in  40 CFR 311  and OSHA's
				  regulations in
				  29 CFR
				  1910.120 shall engage in active response or
				  remedial activities within areas of hazardous materials contamination or
				  threatened release.
B. All persons
				  and facilities regulated by
				  R.S. 30:2361
				  et seq. shall comply with all the requirements relative to the entry,
				  inspection, investigation, response and emergency coordination efforts of the
				  Office of State Police as authorized in
				  R.S. 30:2361
				  et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:2361
					 et seq.
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-10113 - Exemptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Certain persons
				  and substances have been exempted from the inventory reporting requirements
				  contained in these rules. There are no exemptions granted for release reporting
				  of regulated substances.
B. Persons
				  exempted from reporting certain substances under state law as outlined in
				  Subsection C below are cautioned to examine Title III of the Superfund
				  Amendments and Reauthorization Act (SARA) because not all of these exemptions
				  are applicable to federal law. If a substance is not exempt under federal law,
				  in most cases it is reportable to the Emergency Response Commission (via
				  Department of Public Safety and Corrections), the local emergency planning
				  committee (one in each parish), and the local fire department having
				  jurisdiction over a facility.
C.
				  The following persons are exempt from the inventory reporting requirements of
				  these rules:
1. residential users;
2. owners or operators of hotels, motels,
				  restaurants, apartment buildings or office buildings which use only small
				  quantities of air conditioning and cleaning supplies;
3. owners or operators of retail sales
				  establishments which sell consumer products or food stuffs packaged for
				  distribution to, and intended for use by, the general public and who have
				  storage areas or storerooms in such establishments which are separated from
				  shelf or display areas, but maintained within the physical confines of such
				  retail establishments;
4. owners or
				  operators of cosmetology salons and barber salons; and
5. owners or operators of retail gasoline
				  service stations having only gasoline and/or diesel in underground storage
				  tanks and in full compliance with the Louisiana Department of Environmental
				  Quality Underground Storage Tank Program.
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-10115 - Hazard Communication

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The Department of Public Safety and Corrections adopts the Hazard Communication
				  Standard as detailed in Title 29 CFR, Parts 1910.1200 et seq., as part of these
				  rules. All facilities subject to these state rules (other than any federal,
				  state, or political subdivisions of a state) must also comply with the Hazard
				  Communication Standard as specified in the Occupational Safety and Health
				  Administration (OSHA) rules listed in Title 29, CFR Parts 1910.1200 et seq.
				  These standards refer to marking of the workplace, communicating to employees
				  of any known hazardous properties of various substances, etc.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:2361
					 et seq.
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-10117 - Failure to Report: Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Failure to report any regulated material
				  on a Tier Two Inventory form, as provided in these rules and under the
				  authority of R.S. 30:2361-2380, may result in the levying of civil penalties up
				  to $25,000 for each regulated hazardous material not reported and/or for each
				  non-reported release or incident involving a regulated hazardous
				  material.
B. The burden of proof
				  shall be on the owner or operator of a facility to show that the failure to
				  report a hazardous material or release was inadvertent.
C. Small businesses, as defined by these
				  rules, which have any omission from the inventory reporting forms will receive,
				  on first offense, a warning rather than a civil penalty.
D. Careless Handling of a Hazardous Material
1.R.S.
				  30:2373(D)(1). Any person
				  who handles, stores, or otherwise maintains a hazardous material regulated by
				  this Chapter in a negligent or unreasonable manner without regard for the
				  hazards of the material and causes a significant impact to public health and
				  safety as a result of a reportable release of a hazardous material shall be in
				  violation of this Subsection.
2.R.S.
				  30:2373(D)(2) provides that
				  for any person, owner, operator, or facility that violates
				  R.S.
				  30:2373(D) the department
				  may levy a civil penalty not to exceed $10,000 per violation.
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-10119 - Inventory Form

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Tier Two "E-filing" is the preferred method of reporting the chemical inventory
				  required in these Rules. All industries and businesses, excepting small
				  businesses, will be required to utilize this electronic means of inventory
				  reporting by March 1, 2002. The use of this "E-filing" process allows for the
				  immediate access of facility and chemical information by all local emergency
				  planning committees and fire departments having Internet capability. Paper
				  filing of "Tier Two Emergency and Hazardous Chemical Inventory" shall be an
				  acceptable alternative to the E-filing of such inventory for March 1, 2001
				  only.
B. Small businesses, as
				  defined in §10105, are strongly encouraged to report their chemical inventory
				  electronically, but such businesses shall have the option to file their
				  chemical inventory by paper if the electronic reporting creates a
				  hardship.
C. The "Louisiana Tier
				  Two Emergency and Hazardous Chemical Inventory" form is the official inventory
				  form for compliance with R.S. 30:2361-2380, Louisiana's Right-to-Know law, and
				  is the form selected by the Louisiana Emergency Response Commission for
				  inventory reporting as required under Section 312 of SARA. The inventory form
				  can be obtained via the Right-to-Know website at www.lsp.org/rtk.html or upon
				  request to the Department of Public Safety and Corrections, Office of State
				  Police, Transportation and Environmental Safety Section P.O. Box 66168, Baton
				  Rouge, LA 70896.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:2361
					 et seq.
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-10121 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. An annual fee
				  shall be submitted with the inventory form by each owner or operator required
				  to report under the Right-to-Know Law. The fee shall be assessed in proportion
				  to the number of hazardous materials manufactured, used, or stored on
				  site.
B.
1. The fees for facilities not meeting the
				  definition of
small business
in
				  R.S.
				  30:2363 shall be assessed as follows.
Number of Hazardous Materials Present at
								Facility
Amount of Fees Charges
01 to 25
$ 65
26 to 75
$ 85
76 to 100
$170
Over 100
$255
2.
				  Any facility required to pay a fee pursuant to
				  R.S. 30:2374 and
				  any retail gas station exempt from reporting pursuant to
				  R.S.
				  30:2370 shall not be required to pay an
				  additional fee to the local emergency planning committee other than the fees
				  already imposed by the local emergency planning committee for the collection of
				  information required by the Right-to-Know Law prior to the 1997 Regular
				  Legislative Session.
3. In the case
				  of owners or operators reporting facilities with numbers of hazardous materials
				  referenced above at multiple locations throughout the state, no owner or
				  operator shall be assessed total fees in excess of $2,000.
4. The fee per facility for small businesses
				  as defined in the Right-to-Know Law shall not exceed $25.
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-10123 - Trade Secret Claims ; Procedures ; Resolution

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department of Public Safety and
				  Corrections adopts as its own the Trade Secrets provisions as found in Title
				  III, Section 322 of the
				  "Superfund Amendments and Reauthorization Act of 1986" (42 U.S.C.A. Section 11042) as passed by the United States Congress.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:2361
					 et seq.
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 103 - Motor Carrier Safety and Hazardous Materials › Section V-10301 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Through contract between the Department of Public Safety and Corrections and
				  the United States Department of Transportation, the state has agreed to adopt
				  and assume responsibility for enforcing certain federal regulations as required
				  by
				  49
				  CFR 350.207 and additional regulations listed
				  below. The authority to adopt such regulations is provided in
				  R.S.
				  32:1501 et seq.
B. Only the Office of State Police may
				  enforce the regulations adopted or enacted under this Chapter.
C. Any term used in these rules is used in
				  its commonly accepted meaning except where the term has been specifically
				  defined in
				  R.S.
				  32:1502 or 49 CFR.
D. All rules or parts of rules adopted
				  pursuant to
				  R.S.
				  32:1504 that relate to highway transportation
				  regulations and promulgated prior to January 20, 1988, are hereby
				  repealed.
E. All authorizations for
				  alternate means of compliance with prior regulations as provided in
				  R.S.
				  32:1506, and
				  32:1507,
				  which relate to highway transportation and granted prior to January 20, 1988,
				  are hereby revoked.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 32:1501 et
					 seq.
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 103 - Motor Carrier Safety and Hazardous Materials › Section V-10303 - Federal Motor Carrier Safety and Hazardous Materials

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following federal motor carrier safety
				  regulations and hazardous materials regulations promulgated by the United
				  States Department of Transportation, revised as of January 1, 2021, and
				  contained in the following parts of 49 CFR as now in effect or as hereafter
				  amended, are made a part of this Chapter.
Hazardous Material Regulations
Part 107
Hazardous Materials Program Procedures
Part 171
General Information, Regulations, and
								Definitions
Part 172
Hazardous Materials Table, Special Provisions, and
								Hazardous Materials Communications, Emergency Response Information, and
								Training Requirements
Part 173
Shippers-General Requirements for Shipments and
								Packagings
Part 177
Carriage by Public Highways
Part 178
Specifications for Packagings
Part 180
Continuing Qualification and Maintenance of
								Packagings
Motor Carrier Safety
								Regulations
Part 355
Compatibility of State Laws and Regulations
								Affecting Interstate Motor Carrier Operations
Part 360
Fees for Motor Carrier Registration and
								Insurance
Part 365
Rules Governing Applications for Operating
								Authority
Part 367
Standards for Registration with States
Part 373
Receipts and Bills
Part 374
Passenger Carrier Regulations
Part 375
Transportation of Household Goods in Interstate
								Commerce: Consumer Protection Regulations
Part 376
Lease and Interchange of Vehicles
Part 379
Preservation of Records
Part 382
Controlled Substances and Alcohol Use and
								Testing
Part 383
Commercial Driver's License Standards; Requirements
								and Penalties
Part 384
State Compliance with Commercial Drivers License
								Program
Part 385
Safety Fitness Procedures
Part 386
Rules of Practice for Motor Carrier, Broker,
								Freight Forwarder and Hazardous Materials Proceedings
Part 387
Minimum Levels of Financial Responsibility for
								Motor Carriers
Part 388
Cooperative Agreements with States
Part 389
Rulemaking Procedures-Federal Motor Carrier
								Safety
Part 390
Federal Motor Carrier Safety Regulations;
								General
Part 391
Qualifications of Drivers
Part 392
Driving of Commercial Motor Vehicles
Part 393
Parts and Accessories Necessary for Safe
								Operation
Part 395
Hours of Service of Drivers
Part 396
Inspection, Repair, and Maintenance
Part 397
Transportation of Hazardous Materials; Driving and
								Parking Rules
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 32:1501 et
					 seq.
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 103 - Motor Carrier Safety and Hazardous Materials › Section V-10305 - Applicability of Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  For the purpose of this Chapter, the federal regulations, as adopted or amended
				  herein, shall govern all carriers, drivers, persons or vehicles:
1. to which the federal regulations
				  apply;
2. engaged in the
				  transportation of hazardous materials within this state;
3. designed or used to transport 16 or more
				  people, including the driver.
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 103 - Motor Carrier Safety and Hazardous Materials › Section V-10307 - Assessment of Civil Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Any person who is determined by the Secretary of the Department of Public
				  Safety and Corrections, after reasonable notice and opportunity for a fair and
				  impartial hearing held in accordance with the Administrative Procedure Act, to
				  have committed an act that is a violation of
				  R.S.
				  32:1501 et seq., or adopted or promulgated
				  regulations as provided in this Chapter, is subject to a civil penalty not to
				  exceed the amount determined by applicable law.
B.
1. For
				  purposes of this Chapter, "reasonable notice and opportunity for a fair and
				  impartial hearing held in accordance with the Administrative Procedure Act" is
				  defined as the 45-day period following receipt of the violation notice within
				  which the person has the right to request a hearing. Receipt of the violation
				  shall be deemed to have occurred five days following the date the notice of
				  violation was mailed by the department to:
a.
				  in the case of an out-of-state carrier, to the address provided for on the
				  carrier's Motor Carrier Identification Report as prescribed by 49 CFR Part
				  390.19;
b. in the case of an
				  intrastate carrier, to the carrier address of record as determined by the
				  Department of Public Safety and Corrections; in the case of a driver, to the
				  address on record with the licensing authority of the state in which the person
				  is licensed.
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 103 - Motor Carrier Safety and Hazardous Materials › Section V-10309 - Recovery of Civil Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  To enforce the collection of a civil penalty levied after due process upon a
				  person determined by the secretary of the Department of Public Safety and
				  Corrections to have committed an act that is a violation of
				  R.S.
				  32:1501 et seq., or adopted or promulgated
				  regulations as provided in this Chapter, the secretary shall act in accordance
				  with the provisions of
				  R.S.
				  32:1525.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1501 et
					 seq.
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 105 - Hazardous Waste Regulations for Carriage by Highway, Rail, Air, and Vessel › Section V-10501 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Only the Office of State Police may enforce the regulations adopted or enacted
				  under this Chapter.
B. Any term
				  used in these rules is used in its commonly accepted meaning except where the
				  term has been specifically defined herein or in
				  R.S.
				  32:1502 or 49 CFR.
C. When used in this Chapter, a train is
				  defined as an engine or an engine coupled with one or more rail freight
				  cars.
D. All hazardous waste rules
				  adopted pursuant to R.S. 30:1140 that relate to highway, rail, air, or vessel
				  transportation regulations and promulgated prior to the effective date of these
				  rules are hereby repealed.
E. All
				  authorizations for alternate means of compliance with prior hazardous waste
				  regulations as provided in
				  R.S.
				  32:1506, and all special permits and
				  exemptions as provided in
				  R.S.
				  32:1507 which relate to highway, rail, air,
				  or vessel transportation and granted prior to the effective date of these
				  rules, are hereby revoked.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:1140. and
					 R.S.
					 32:1501 et
					 seq.
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 105 - Hazardous Waste Regulations for Carriage by Highway, Rail, Air, and Vessel › Section V-10503 - Adopted Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  following federal hazardous materials regulations promulgated by the U.S.
				  Department of Transportation, revised as of October 1, 1987, and contained in
				  the following parts of 49 CFR, as now in effect or as hereafter amended, are
				  made a part of this Chapter.
Hazardous Materials Regulations
Part 171
General Information, Regulations, and Definitions
Part 172
Hazardous Materials Tables and Hazardous Materials
								Communications Regulations
Part 173
Shippers-General Requirements
Part 174
Carriage by Rail
Part 175
Carriage by Air
Part 176
Carriage by Vessel
Part 177
Carriage by Public Highway
Part 178
Shipping Container Specifications
Part 179
Specifications for Tank Cars
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:1140. and
					 R.S.
					 32:1501 et
					 seq.
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 105 - Hazardous Waste Regulations for Carriage by Highway, Rail, Air, and Vessel › Section V-10505 - Applicability of Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  For the purposes of this Chapter, the federal regulations, as adopted or
				  amended herein, shall govern all shippers, carriers, drivers, operators,
				  transport vehicles, engines, and trains:
1.
				  to which the federal regulations apply;
2. engaged in the transportation of hazardous
				  materials or hazardous waste within this state.
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 107 - Alcohol and Controlled Dangerous Substances › Section V-10701 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  purpose of this Chapter is to establish rules which govern the use of alcohol
				  and controlled dangerous substances by persons operating or taking part in the
				  operation of transport vehicles, engines or trains.
B. This Chapter prescribes minimum safety
				  standards for alcohol and controlled dangerous substance use.
C. Only the Office of State Police may
				  enforce the regulations adopted or enacted under this Chapter.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1501 et seq. and R.S.
					 30:1140.
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 107 - Alcohol and Controlled Dangerous Substances › Section V-10703 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				  of this Chapter, the following definitions will apply.
Controlled Dangerous Substance
- any
					 substance that is defined by the Uniform Controlled Dangerous Substances Law,
					 R.S.
					 40:963.
Department
- Department of Public Safety
					 and Corrections, Office of State Police.
Engine
- a locomotive propelled by any
					 form of energy.
Freight
- as defined in
					 R.S.
					 32:1502.
Hazardous Material
- any material that is
					 defined as a hazardous material by
					 R.S.
					 32:1502.
Hazardous Waste
- as defined in R.S.
					 30:1133.
Operator
- any person that can affect the
					 speed, direction or condition of a transport vehicle, engine or train.
Passenger
- a person who travels in a
					 transport vehicle, engine or train, and who does not take part in its
					 operation.
Train
- an engine or an engine coupled
					 with one or more rail freight cars.
Transport Vehicle
- as defined in
					 R.S.
					 32:1502.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1501 et seq. and R.S.
					 30:1140.
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 107 - Alcohol and Controlled Dangerous Substances › Section V-10705 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provisions
				  in this Chapter shall apply to the transportation of hazardous materials,
				  hazardous waste, freight, or passengers as provided in R.S. 32:1501-1520, or
				  R.S. 30:1140 when carried by:
1. transport
				  vehicle;
2. engine; or
3. train.
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 107 - Alcohol and Controlled Dangerous Substances › Section V-10707 - Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. No operator or
				  person who takes part in the operation of a transport vehicle, engine, or train
				  transporting hazardous materials, hazardous waste, freight, or passengers shall
				  be impaired in any of the following ways:
1.
				  by being under the influence of any controlled dangerous substance as defined
				  by
				  R.S.
				  40:963;
2. by having a blood alcohol concentration
				  (BAC) of .04g percent or higher;
3.
				  by being under the influence of any substance that tends to reduce
				  alertness.
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 107 - Alcohol and Controlled Dangerous Substances › Section V-10709 - Testing of Suspected Violators

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any operator or person who takes part in
				  the operation of a transport vehicle, engine, or train that is transporting
				  hazardous materials, hazardous waste, freight, or passengers within the state
				  will be deemed to have given his consent to submit to a chemical test or tests
				  for the presence of alcohol and controlled dangerous substances in the
				  individual's bloodstream.
B. With
				  reasonable suspicion, any officer of the department, may direct an operator or
				  a person who takes part in the operation of a transport vehicle, engine, or
				  train that is transporting hazardous materials, hazardous waste, freight, or
				  passengers to take a chemical test or tests for the presence of alcohol or
				  controlled dangerous substances in the individual's bloodstream.
C. All chemical tests for the presence of
				  alcohol must be performed in accordance with R.S. 32:661-669. This shall not
				  prevent officers of the department from using preliminary breath testing
				  devices approved by the department as part of a field sobriety test.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1501 et seq. and R.S.
					 30:1140.
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 107 - Alcohol and Controlled Dangerous Substances › Section V-10711 - Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Refusal to
				  submit to a chemical test as required by this Chapter may result in the removal
				  of the individual's privilege to operate or take part in the operation of a
				  transport vehicle, engine, or train that is transporting hazardous materials,
				  hazardous waste, freight, or passengers within the state for one year. The fact
				  that an operator's license is not required will not alter this
				  restriction.
B. When a person
				  submits to a chemical test or tests for the presence of alcohol or controlled
				  dangerous substances, and a blood alcohol content of 0.04g percent or higher is
				  present or any controlled dangerous substance is indicated, the individual's
				  privilege to operate or take part in the operation of a transport vehicle,
				  engine, or train that is transporting hazardous materials, hazardous waste,
				  freight, or passengers within the state may be removed for one year.
C. When an individual's privilege to operate
				  or take part in the operation of a transport vehicle, engine, or train that is
				  transporting hazardous materials, hazardous waste, freight, or passengers is
				  removed, the carrier that employs the individual will be informed of the
				  restriction. The carrier will be responsible for the enforcement of the
				  restriction. Failure to comply with the restriction may subject the carrier to
				  a civil penalty as provided in
				  R.S.
				  32:1512.
D. It will be the responsibility of the
				  carrier to allow only qualified individuals to operate or take part in the
				  operation of transport vehicles, engines, or trains that transport hazardous
				  materials, hazardous waste, freight, or passengers. The department will
				  maintain a list of individuals who are restricted from operating or taking part
				  in the operation of transport vehicles, engines, or trains that are
				  transporting hazardous materials, hazardous waste, freight, or passengers
				  within the state.
E. The penalty
				  provision found in
				  R.S.
				  32:1512 shall apply to any violation of this
				  Chapter.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1501 et seq. and R.S.
					 30:1140.
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 109 - Hazardous Materials Regulations for Carriage by Rail, Air, and Vessel › Section V-10901 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Only the Office of State Police may enforce the regulations adopted or enacted
				  under this Chapter.
B. Any term
				  used in these rules is used in its commonly accepted meaning except where the
				  term has been specifically defined herein or in
				  R.S.
				  32:1502 or 49 CFR.
C. When used in this Chapter, a train is
				  defined as an engine or an engine coupled with one or more rail freight
				  cars.
D. All hazardous waste rules
				  adopted pursuant to R.S. 30:1140 that relate to highway, rail, air, or vessel
				  transportation regulations and promulgated prior to the effective date of these
				  rules are hereby repealed.
E. All
				  authorizations for alternate means of compliance with prior hazardous waste
				  regulations as provided in
				  R.S.
				  32:1506, and all special permits and
				  exemptions as provided in
				  R.S.
				  32:1507 which relate to highway, rail, air,
				  or vessel transportation and granted prior to the effective date of these
				  rules, are hereby revoked.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 39:1140 and
					 R.S.
					 32:1501 et
					 seq.
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 109 - Hazardous Materials Regulations for Carriage by Rail, Air, and Vessel › Section V-10903 - Adopted Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  following federal hazardous materials regulations promulgated by the U.S.
				  Department of Transportation, revised as of October 1, 1987, and contained the
				  following parts of 49 CFR, as now in effect or as hereafter amended, are made a
				  part of this Chapter.
Hazardous Materials Regulations
Part 171
General Information, Regulations, and Definitions
Part 172
Hazardous Materials Tables and Hazardous Materials
								Communications Regulations
Part 173
Shippers-General Requirements
Part 174
Carriage by Rail
Part 175
Carriage by Air
Part 176
Carriage by Vessel
Part 177
Carriage by Public Highway
Part 178
Shipping Container Specifications
Part 179
Specifications for Tank Cars
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:1140 and
					 32:1501 et
					 seq.
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 109 - Hazardous Materials Regulations for Carriage by Rail, Air, and Vessel › Section V-10905 - Applicability of Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  For the purposes of this Chapter, the federal regulations, as adopted or
				  amended herein, shall govern all shippers, carriers, drivers, operators,
				  transport vehicles, engines, and trains:
1.
				  to which the federal regulations apply;
2. engaged in the transportation of hazardous
				  materials or hazardous waste within this state.
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 111 - Reporting Requirements for Category 3 or Higher Hurricane › Section V-11101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this Chapter is to establish procedures for the reporting of information
				  regarding hazardous materials that are in transit and/or temporarily stored at
				  a facility and that could present a threat to human health and the environment
				  if compromised during a Category 3 or higher hurricane.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.32:1504.
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 111 - Reporting Requirements for Category 3 or Higher Hurricane › Section V-11103 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  applies to all persons who are engaged in the transportation of hazardous
				  materials by railcars, vessels, or barges, or the temporary storage of
				  hazardous materials in any storage vessel not permanently attached to the
				  ground, that is within the confines of a parish affected, or projected to be
				  affected, by a Category 3 or higher hurricane for which a mandatory evacuation
				  order has been issued.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.32:1504.
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 111 - Reporting Requirements for Category 3 or Higher Hurricane › Section V-11105 - Requirements for Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Notification shall be given to the DPS, via electronic submittal, to the
				  24-hour Louisiana Emergency Hazardous Materials Hotline email address at
				  emergency@la.gov within 12 hours of a mandatory evacuation order issued by the
				  proper parish authorities.
B.
				  Definitions
Hazardous Materials
-those materials
					 listed on the EHS list,  40 CFR Part 355, Appendix A.
Temporary Storage
-the containment of
					 hazardous materials in a container that is portable. This provision does not
					 cover those hazardous materials that are stored in pipelines or any other
					 storage vessel permanently attached to the ground.
C. Mechanism and Responsibilities
1. Within 12 hours of an order of evacuation
				  issued by local parish authorities, persons subject to the provisions of this
				  Chapter shall report the following:
a. the
				  exact nature of, and the type, location, and relative fullness of the container
				  (i.e., full, half-full, or empty) of all hazardous materials that are located
				  within a parish subject to the evacuation order;
b. the primary and secondary contact person's
				  phone, e-mail, and fax number; and
c. whether the facility will be sufficiently
				  manned such that post-event assessments will be performed by company personnel
				  (as soon as safely practicable) and that any releases and/or hazardous
				  situations will be reported in accordance with existing Louisiana Department of
				  Environmental Quality (LDEQ) and State Police reporting requirements.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 3 - Natural Resources › Chapter 301 - Transportation of Hazardous Liquids by Pipeline [49 CFR Part 195] › Subchapter A - General [49 CFR Part 195 Subpart A] › Section V-30101 - Scope [49 CFR 195.0]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 This Subpart prescribes safety standards and reporting requirements for
					 pipeline facilities used in the transportation of hazardous liquids or carbon
					 dioxide.  [49 CFR 195.0]
AUTHORITY NOTE:
						Promulgated in accordance with R.S. 30:753.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 3 - Natural Resources › Chapter 301 - Transportation of Hazardous Liquids by Pipeline [49 CFR Part 195] › Subchapter A - General [49 CFR Part 195 Subpart A] › Section V-30103 - Which Pipelines are Covered by this Subpart? [49 CFR 195.1]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Covered. Except
					 for the pipelines listed in Subsection B of this Section, this Subpart applies
					 to pipeline facilities and the transportation of hazardous liquids or carbon
					 dioxide associated with those facilities within the state of Louisiana,
					 including the coastal zone limits. Covered pipelines include, but are not
					 limited to: [
					49 CFR
					 195.1(a)]
1. any pipeline that transports a highly
					 volatile liquid (HVL); [
					49 CFR
					 195.1(a)(1)]
2. any pipeline segment that crosses a
					 waterway currently used for commercial navigation; [
					49 CFR
					 195.1(a)(2)]
3. except for a gathering line not covered by
					 paragraph A.4 of this Section, any pipeline located in a rural or non-rural
					 area of any diameter regardless of operating pressure; [
					49 CFR
					 195.1(a)(3)]
4. any of the following onshore gathering
					 lines used for transportation of petroleum: [
					49 CFR
					 195.1(a)(4)]
a. a pipeline located in a non-rural area; [
					49 CFR
					 195.1(a)(4)(i)]
b. a regulated rural gathering line as
					 provided in § 30117; or [
					49 CFR
					 195.1(a)(4)(ii)]
c. a pipeline located in an inlet of the Gulf
					 of Mexico as provided in §30413 [
					49 CFR
					 195.1(a)(4)(iii)]
5. for purposes of the reporting
					 requirements in Subchapter B of this Subpart, any gathering line not already
					 covered under Paragraphs A.1, 2, 3 or 4 of this Section. [49 CFR
					 195.1(a)(5)]
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 3 - Natural Resources › Chapter 301 - Transportation of Hazardous Liquids by Pipeline [49 CFR Part 195] › Subchapter A - General [49 CFR Part 195 Subpart A] › Section V-30109 - Compatibility Necessary for Transportation of Hazardous Liquids or Carbon Dioxide [49 CFR 195.4]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
					 person may transport any hazardous liquid or carbon dioxide unless the
					 hazardous liquid or carbon dioxide is chemically compatible with both the
					 pipeline, including all components, and any other commodity that it may come
					 into contact with while in the pipeline. [
					49
					 CFR 195.4]
AUTHORITY NOTE:
						Promulgated in accordance with R.S. 30:753.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 3 - Natural Resources › Chapter 301 - Transportation of Hazardous Liquids by Pipeline [49 CFR Part 195] › Subchapter A - General [49 CFR Part 195 Subpart A] › Section V-30111 - Conversion to Service Subject to This Subpart [49 CFR 195.5]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A steel pipeline
					 previously used in service not subject to this Subpart qualifies for use under
					 this Subpart if the operator prepares and follows a written procedure to
					 accomplish the following. [
					49 CFR
					 195.5(a)]
1. The design, construction, operation, and
					 maintenance history of the pipeline must be reviewed and, where sufficient
					 historical records are not available, appropriate tests must be performed to
					 determine if the pipeline is in satisfactory condition for safe operation. If
					 one or more of the variables necessary to verify the design pressure under
					 §30161 or to perform the testing under
					 Paragraph A.4 of this Section is unknown, the design pressure may be verified
					 and the maximum operating pressure determined by: [
					49 CFR
					 195.5(a)(1)]
a. testing the pipeline in accordance with
					 ASME/ANSI B31.8 (incorporated by reference, see §507), Appendix N, to produce a
					 stress equal to the yield strength; and [
					49 CFR
					 195.5(a)(1)(i)]
b. applying to not more than 80 percent of
					 the first pressure that produces a yielding, the design factor F in §30161. A and the appropriate factors in §30161. E [
					49 CFR
					 195.5(a)(1)(ii)]
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 3 - Natural Resources › Chapter 301 - Transportation of Hazardous Liquids by Pipeline [49 CFR Part 195] › Subchapter A - General [49 CFR Part 195 Subpart A] › Section V-30112 - Unusually Sensitive Areas (USAs) [49 CFR 195.6]

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this Subpart, a USA means a
					 drinking water or ecological resource area that is unusually sensitive to
					 environmental damage from a hazardous liquid pipeline release.
1. A USA drinking water resource is:
a. the water intake for a Community Water
					 System (CWS) or a Non-Transient Non-Community Water System (NTNCWS) that
					 obtains its water supply primarily from a surface water source and does not
					 have an adequate alternative drinking water source;
b. the Source Water Protection Area (SWPA)
					 for a CWS or a NTNCWS that obtains its water supply from a Class I or Class IIA
					 aquifer and does not have an adequate alternative drinking water source. Where
					 a state has not yet identified the SWPA, the Wellhead Protection Area (WHPA)
					 will be used until the state has identified the SWPA; or
c. the sole source aquifer recharge area
					 where the sole source aquifer is a karst aquifer in nature.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 3 - Natural Resources › Chapter 301 - Transportation of Hazardous Liquids by Pipeline [49 CFR Part 195] › Subchapter A - General [49 CFR Part 195 Subpart A] › Section V-30114 - Transportation of Hazardous Liquid or Carbon Dioxide in Pipelines Constructed with Other than Steel Pipe [49 CFR 195.8]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person may transport any hazardous
					 liquid or carbon dioxide through a pipe that is constructed after October 1,
					 1970, for hazardous liquids or after July 12, 1991, for carbon dioxide of
					 material other than steel unless the person has notified the commissioner and
					 administrator in writing at least 90 days before the transportation is to
					 begin. The notice must state whether carbon dioxide or a hazardous liquid is to
					 be transported and the chemical name, common name, properties and
					 characteristics of the hazardous liquid to be transported and the material used
					 in construction of the pipeline. If the commissioner and administrator
					 determine that the transportation of the hazardous liquid or carbon dioxide in
					 the manner proposed would be unduly hazardous, he will, within 90 days after
					 receipt of the notice, order the person that gave the notice, in writing, not
					 to transport the hazardous liquid or carbon dioxide in the proposed manner
					 until further notice. [
					49
					 CFR 195.8]
AUTHORITY NOTE:
						Promulgated in accordance with R.S. 30:753.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 3 - Natural Resources › Chapter 301 - Transportation of Hazardous Liquids by Pipeline [49 CFR Part 195] › Subchapter A - General [49 CFR Part 195 Subpart A] › Section V-30116 - Responsibility of Operator for Compliance with This Subpart [49 CFR 195.10]

Current through Register Vol. 50, No. 6, June 20, 2024
A. An operator may
					 make arrangements with another person for the performance of any action
					 required by this Subpart. However, the operator is not thereby relieved from
					 the responsibility for compliance with any requirement of this
					 Subpart.
AUTHORITY NOTE:
						Promulgated in accordance with R.S. 30:753.