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-10105 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  terms, as used in this Chapter shall have the following meanings.
Commission
-the Louisiana Emergency
					 Response Commission appointed by the governor to implement the mandates of the
					 Superfund Amendments and Reauthorization Act passed by the U.S. Congress in
					 1986. This commission is created within the Department of Public Safety and
					 Corrections, Public Safety Services.
Department
-the Department of Public Safety
					 and Corrections.
Deputy Secretary
-the deputy secretary for
					 the Office of Public Safety Services in the Department of Public Safety and
					 Corrections.
Environment
-includes water, air, and land
					 and the interrelationship which exists among and between water, air, and land
					 and all living things.
Escape Beyond Facility
-for the purposes of
					 release reporting a release is considered off-site when the hazardous material
					 or hazardous substance is released into the air or into any water, drainage
					 ditch or canal such that the released hazardous material or hazardous substance
					 could reasonably be expected to escape the confinement of the facility or to an
					 area which the general public has unrestricted access.
Extremely Hazardous Substance (EHS)
-a
					 hazardous substance listed by the United States Environmental Protection Agency
					 (U.S.EPA) in  40 CFR, Part 355, Appendix A (the list of Extremely Hazardous
					 Substances and their Threshold Planning Quantities) and subject to the
					 emergency planning, release reporting and MSDS filing, and inventory filing
					 requirements of SARA, Title III.
Facility-
the physical premises used by the
					 owner or operator in which the hazardous materials are manufactured, used, or
					 stored. A natural gas pipeline, including but not limited to transmission and
					 distribution assets, shall be considered a facility and subject to reporting
					 requirements for facilities under this Chapter. A natural gas pipeline shall
					 not be considered a transport vehicle or otherwise subject to the reporting
					 requirements under Chapter 12 of Title 32 of the Louisiana Revised Statutes of
					 1950 regarding hazardous materials transportation and motor carrier safety. A
					 natural gas pipeline shall not be classified as a compressed natural gas
					 facility.
Hazardous Material
-any substance deemed a
					 hazardous material or a hazardous substance, and included on a list adopted by
					 rule by the deputy secretary to include those materials deemed hazardous under
					 the Comprehensive Environmental Response Compensation Liability Act (CERCLA),
					 the Superfund Amendments and Reauthorization Act (SARA, Title III, U.S.C.), and
					 certain substances included in the most recent United States Department of
					 Transportation regulations as found in  49 CFR, Part 172.101 .
Hazardous
					 material
also means any substance designated by the deputy secretary
					 in these rules which meets criteria established for adding other materials to
					 the list. This term shall mean and include hazardous substances.
Hospitalization
- the admission into a
					 hospital as a patient for an overnight stay or emergency treatment at a
					 hospital to the extent that the owner or operator requested such treatment or
					 becomes aware of such treatment within twenty-four hours of the initiation of
					 the relevant release.
Immediately
-a reasonable period of time,
					 after identifying the nature, quantity, and potential off-site impact of a
					 release considering the exigency of the circumstances.
Incident
-any release, fire, explosion or
					 event which is other than any normal operational activity, and which results in
					 an unusual or emergency condition. An actual release of any hazardous material
					 is not required.
Inventory Form
-the reporting form adopted
					 by the department and completed by owners and operators which contains certain
					 requested information on hazardous materials and which is used in developing
					 the information system mandated by the law and these regulations. This shall
					 also include electronic transmission of data within the State Police's
					 Louisiana Chemical Network Tier Two "E-filing" process.
Local Governing Authority
-the police jury,
					 parish council, the mayor's office of the city of New Orleans or the
					 city-parish of East Baton Rouge or other primary governmental body of a
					 parish.
Local Emergency Planning Committee
-the
					 committee in each parish designated by the Emergency Response Commission to
					 coordinate Right-to-Know activities.
Local Repository
-the local entity
					 designated pursuant to
					 R.S.
					 30:2368 to house and record information on
					 hazardous materials received from the department, regulated facilities, and
					 other state agencies for public dissemination and inspection. For the purposes
					 of Tier Two electronic reporting "e-filing", the local repository shall have
					 the authority to designate the Department of Public Safety, Office of State
					 Police, Right-to-Know Unit's electronic Tier Two system as its official
					 repository of Tier Two records.
Owner or Operator
-any person, partnership,
					 or corporation in the state including, unless otherwise stated, the state and
					 local government, or any of its agencies, authorities, department, bureaus, or
					 instrumentalities engaged in business or research operations which use, handle,
					 manufacture, release or store hazardous materials in a facility.
Reasonably be Expected to Affect the Public Safety
					 beyond the Boundaries of the Facility
- fire, explosion, incident,
					 accident, or cleanup within a facility that may reasonably impact public safety
					 beyond the facility, including but not limited to an impact of such nature as
					 to require shelter-in-place orders, evacuations, immediate response by
					 emergency responders, or off-site road closures. The term shall not include
					 facility drills, internal facility announcements, internal facility alarms and
					 sirens, or internal facility response activities such as rolling facility fire
					 trucks or ambulances, and movement of facility personnel in personal protective
					 equipment.
Release
-any spilling, leaking, pumping,
					 pouring, emitting, emptying, discharging, injecting, escaping, leaching,
					 dumping, or disposing into the environment (including the abandonment or
					 discarding of barrels, containers, and other closed receptacles) of any
					 hazardous material or substance. However, the term release shall not include
					 federal or state permitted releases.
Reportable Release
-a release of a
					 regulated hazardous material or substance which causes any injury requiring
					 hospitalization or any fatality, results in a fire or explosion which could
					 reasonably be expected to affect the public safety beyond the boundaries of the
					 facility, or exceeds the reportable quantity when that reportable quantity, as
					 defined pursuant to rules promulgated by the deputy secretary, could be
					 reasonably expected to escape beyond the site of the facility. A reportable
					 release as defined herein shall be based upon the quantity of hazardous
					 material or substance discharged continuously, intermittently, or as a one-time
					 discharge, within any continuous 24 hour period.
Retail Gas Station
-a retail facility
					 engaged in selling gasoline or diesel fuel primarily to the public, for use in
					 land based motor vehicles.
Small Business
-a single business
					 establishment employing not more than nine full time employees and having not
					 more than $2,000,000 in average annual gross receipts. Any business employing
					 more than nine persons shall not be considered a small business regardless of
					 the average annual gross receipts. Any business with average annual gross
					 receipts of over $2,000,000 shall not be considered a small business regardless
					 of the number of employees.
State Repository
-the Department of Public
					 Safety, Office of State Police, Right-to-Know Unit designated by the local
					 emergency planning committee, local repository or fire department as the
					 provider of Tier Two inventory records electronically to all response agencies.
					 The state repository shall have the responsibility to process public
					 information requests for Tier Two and release reporting data.
Trade Secret
-any confidential formula,
					 pattern, process, device, information or compilation of information including
					 chemical name or other unique chemical identifier that is used in an employer's
					 business, and that gives the employer an opportunity to obtain an advantage
					 over competitors who do not know or use it.
Transportation Related Operation
-any
					 operation conducted outside the boundaries of a facility and involving the
					 transportation, or storage incident to transportation, of hazardous materials
					 where the hazardous materials are moving under active shipping papers and have
					 not reached the ultimate consignee.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S. 30:2361,
					 et seq.