La. Admin. Code tit. 33 § V-10107

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-10107 - Alternate Means of Compliance-Inventory Reporting

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.

B. The rules that follow in Subsection C are applicable to the state law. The reporting procedures outlined are the result of detailed consultation with the various regulated entities. These alternate compliance procedures will satisfy the mandates of the state's Right-to-Know Law, but if any federal regulations require a more stringent reporting procedure, the federal procedure should be followed.

C. Inventory Reporting Procedures (Alternate Means of Compliance)

1. Oil and Gas Production (Wells Already Drilled)

a. These sites must be reported by field name, indicating the total number of wells in each field. This will be done on a separate inventory form for each field. The location of each field must be as detailed as possible with at least the parish given for each field.

b. The inventory form can be filled out showing a generic list of materials commonly associated with an oil/gas production facility.

c. Well heads not located in a reported field (wildcats) are each to be listed on a separate inventory form.

d. All reportable releases must be reported immediately to the local emergency planning committee and the Emergency Response Commission.

2. Oil and Gas Exploration

a. If the exploration site is in a previously reported field, a list of materials used in exploration will be shown on the inventory form for that field. This could be in the form of a generic list.

b. Wildcat drilling operations (not in previously reported fields) anticipated to exceed 30 days will require written notification to the Emergency Response Commission via the Office of State Police, Transportation and Environmental Safety Section, as well as written notification to the local emergency planning committee in the respective parish, detailing the location and anticipated duration of the drilling operation. This notification will contain the names and telephone numbers of facility personnel to contact in case of an emergency. A generic list of materials associated with exploration will be furnished to the local emergency planning committee in the parish in which the drilling occurs.

c. All reportable releases must be reported immediately to the local emergency planning committee and the Emergency Response Commission.

3. Pipelines (not within the fence line of a facility)

a. One inventory form will be submitted for each parish. The form must list all pipelines operated by a facility in that parish, and must show the name of the material carried, the diameter, and the maximum operating pressure for each listed pipeline.

b. A map for each parish indicating the location of each pipeline and transmission and control station must be provided by each company to the Emergency Response Commission and the local emergency planning committee. If the pipeline is shown on the most current Dewitt map, no map submission is required. Facilities are responsible for updating any changes in location of pipelines and/or product by submitting new map(s). If a facility has already submitted a map to the Emergency Response Commission and the local emergency planning committee, and there are no changes, the annual map submission is not necessary.

c. Natural gas distribution lines are exempt from this reporting. Distribution lines are those pipes that carry the gas to individual buildings, residences, etc.

d. Crude oil and natural gas gathering lines are exempt from inventory reporting under these rules. Gathering lines are those pipelines 8 inches or less in nominal diameter that transport petroleum and natural gas from a production facility to the main pipeline.

e. All reportable releases, including those from natural gas distribution lines and crude oil and natural gas gathering lines, must be reported immediately to the local emergency planning committee and the Emergency Response Commission.

4. Facilities Reporting to Other State Agencies.

a. Facilities licensed by the Liquefied Petroleum Gas Commission must complete an inventory form and comply with all other applicable parts of these rules with the exception that if liquefied petroleum gas is the only material being reported, no reporting fee is required.

b. Facilities with type 2 explosives magazines and/or type 3 explosives magazines as described in LAC 55, Part I, Chapter 15, licensed pursuant to and in full compliance with the Louisiana State Police Explosives Code are exempt from inventory reporting if no hazardous materials other than explosives are present on the facility. However, all incidents or releases involving explosives are subject to the reporting required herein. Facilities with type 1, type 4, and/or type 5 explosives magazines as described in LAC 55, Part I, Chapter 15, shall file annual inventory reports.

5. Electrical Transmission and Distribution Facilities

a. All oil-filled electrical equipment (transformers, capacitors, etc.) which has been identified as containing Polychlorinated Biphenyls (PCBs) in concentrations exceeding 500 parts per million (ppm) shall be reported on the inventory form, by the reporting deadline, as applicable in these rules if the weight of the solution containing the PCBs meets or exceeds 500 pounds.

b. Any release from, or accident involving, oil-filled electrical equipment which has been identified as containing PCBs in concentrations exceeding 500 ppm will be reported immediately as applicable in the release reporting procedures detailed in these rules.

c. All fixed-site facilities where transformers are stored, cleaned or processed, or where other materials regulated in the rules are used or stored, will be reported on individual inventory forms for each separate site.

d. Fixed-site oil-filled electrical equipment that is associated with a facility must meet all area marking requirements under EPA and OSHA regulations.

e. Electrical storage batteries located at electrical substations are exempt from Tier Two filing requirements if the total weight of the sulfuric acid in all batteries found on the site of the substation is less than 500 pounds and the facility owner marks all doors, or means of access, to the storage location with a sign stating "caution - electrical storage batteries containing sulfuric acid " and further provides a Material Safety Data Sheet (MSDS) in an accessible location near the storage location.

6. Transportation-Related Industries

a. Regulated materials which are under active shipping papers (i.e., have not reached their final destination) are exempt from inventory reporting requirements contained in these rules.

b. Transportation related industries, including but not limited to trucking companies, railroads, maritime wharves and warehouses (including Foreign Trade Zones), that store, incidental to transportation and still under active shipping papers, any of the materials regulated by these rules will, on an annual basis (by March 1 of each year), send to the Emergency Response Commission, the local emergency planning committee, and the local fire department in their respective areas, a letter detailing the emergency contact personnel and emergency telephone numbers. The letter will also indicate where shipping papers can be found by emergency response personnel.

c. Any hazardous materials regulated under these rules and stored on site but not under active shipping papers must be reported on an inventory form as applicable.

d. Shipping documents must be readily accessible to emergency response personnel and proximate to the regulated material.

e. All regulated materials must be properly marked and placarded according to applicable U.S. Department of Transportation regulations as listed in 49 CFR, Part 172, Subparts B, C, D, E and F.

f. All reportable releases must be reported immediately to the local emergency planning committee and the Emergency Response Commission.

La. Admin. Code tit. 33, § V-10107

Promulgated by the Department of Public Safety and Corrections, Office of State Police, LR 12:327 (May 1986), amended LR 13:184 (March 1987), LR 13:759 (December 1987), LR 14:802 (November 1988), LR 16:974 (November 1990), LR 27:859 (June 2001), LR 31:693 (March 2005), Amended (December 2014).LR 40:260812/1/2014

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2361 et seq.