Document RJMvL9pVVNDmLD6oGY61JY8rV

TS6r JCL: , XF:. _LdcP Thomas G. Grumbles to \A<^ VISTA D-a)5fc 1 y i ~ lo b-CL yoo Qe.c.vGAi.v> c-0?^ \Wt LCX? VVV 00Q009206 vvv 000009207 proval of the change by HCFA will automatically cancel the pro visions of this rule and current policy will remain in effect. Sandra L. Robinson. M.D., M.P.H. Secretary and State Health Officer DECLARATION OF EMERGENCY Department of Health and Human Resources Office of the Secretary The Department of Health and Human Resources, Office of the Secretary, has exercised the emergency provision of the Administrative Procedure Act, R.S. 49:953 B, to change the wording of the rules on rate setting for residential care providers, other than nursing homes and hospitals, to redefine the limits on the revaluation of assets when a facility is sold to the acquisition costs of the previous owner increased by 50 percent of the Con sumer Price Index. This change is effective December 19, 1986. This change is necessary because of changes in federal regulations brought about by the Consolidated Omnibus Budget Reconciliation Act, Section 9509 (Public Law 99-272). Sandra L. Robinson, M.D., M.P.H.. Secretary and State Health Officer DECLARATION OF EMERGENCY Department of Public Safety and Corrections Office of State Police HAZARDOUS MATERIAL IMFORMATION DEVELOPMENT, PREPAREDNESS, AND RESPONSE RULES These rules will implement the initial phase of the Haz ardous Material Information Development, Preparedness, and Response Act. It is important to note that the data generated during this initial phase will enable the Department of Public Safety and Corrections to comprehensively address all compo nents of this Act in carefully coordinated states. These rules are hereby issued pursuant to the authority granted by Act 435 of the 1985 Regular Legislative Session. 1. PURPOSE The purpose of these rules is to insure that the hazards of all chemicals produced, stored, distributed, transported, im ported, consumed, applied, emitted or disposed in Louisiana are communicated to appropriate emergency response organiza tions. local information repositories, and to the general public upon request. This communication system shall be intended to provide information to medical personnel for emergency medical diagnosis, adequately prepare for disasters, centralize and coor dinate regional and local long-range planning concerning the en vironmental hazards in various localities, to develop a data base which will facilitate research into possible chronic health risks which may appear as the result of the presence of hazardous materials and to allow the Department of Public Safety and Cor rections, Office of State Police to coordinate hazardous material emergency response. Nothing contained herein shall be so con strued as to conflict with the U.S. Department of Labor's Hazard Communication Standard 29 CFR 1910.1200. 2. SCOPE A. These rules apply to all persons, corporate or real, in Louisiana, not otherwise excluded in this Section, who produce, store, distribute, transport, import, consume, apply, emit, or dis pose any hazardous materials listed pursuant to these rules. b. These rules do not apply to i. hazardous materials under the direct control of the mili tary forces of the United States: ii. consumer products when packaged for distribution to, and intended for use by, the general public; iii. products used by a facility when used from a container for, and in a manner consistent with, the intended use of the consuming public: iv. substances reported to the Department of Agriculture under the Louisiana Pesticide Law, or the Louisiana Structural Pest Control Law, provided that pertinent data has been trans mitted to the department as provided for in R.S. 30:1150.67; v. nuclear materials required to be reported under 40:1299.100 or R.S. 30:1101-1120 et seq.; vi. small businesses operating in the state of Louisiana. The term "small business" shall mean a single business establish ment employing a maximum of nine employees and showing a maximum of $2 million in average annual gross receipts; vii. cosmetology and barber salons as defined by R.S. 47:301(4)(b) and (11): viii. household non-commercial use of hazardous materi als, provided the the use, storage, or application is from a pack age purchased from a retail outlet and is specifically designed and intended for use by a person who requires no special infor mation other than what information is supplied on the manufac turer's label; ix. forensic laboratories mandated by applicable state law to conduct analyses for law enforcement or regulatory functions. This exemption does not apply to commercial laboratories con tracted by government agencies; x. persons regulated under 29 CFR 1910.1200 only when compliance with Paragraph v of Subsection B clearly con flicts with federal regulations. 3, DEFINITIONS Board means the Hazardous Material Information Devel opment, Preparedness, and Response Board, Chemical means any element, chemical compound, or mixture of elements and/or compounds. Chemical name means the scientific designation of a chemical in accordance with the nomenclature system devel oped by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of no menclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation, such as the name located in Appendices A. B, or C of these rules. Code means three letter designation corresponding with identity listed in Appendix D of these rules. Container means any bag, barrel, bottle, box, can, cylin der, drum, storage tank, or the like that contains a hazardous material. For purposes of these rules, pipes or piping systems are not considered to be containers. Distributor means a business, other than a chemical man ufacturer or importer, which supplies hazardous materials to other distributors or to manufacturing purchasers. Emission means a discharge into the atmosphere, land, or water, of any material regulated by these rules, whether per mitted or not, where such discharge may reasonably be consid ered dangerous if it escapes beyond the confines of the facility. Explosive means a.chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature, and meets the definition of Part 173.50 of the Louisiana hazardous materials/ hazardous waste regulations. Facility means the physical premises used by the owner or operator at which the hazardous materials are manufactured, used, or stored. LoutUano RtgUttr VW. 13. No. 1 JnuMV 20. 1987 Hazardous material means any substance listed in Appen dices A, B, or C of these Rules. Hazardous material also means any. substance designated by the deputy secretary by rule on recommendation of the board which meets criteria established for adding other material to the list. Identity means any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. The identity used shall permit cross-references to be made among the required list of hazardous materials, the label, and the MSDS. Label means any written, printed, or graphic material dis played on or affixed to containers of hazardous materials. Material Safety Data Sheet (MSDS) means written or printed material concerning a hazardous material. An MSDS prepared in accordance with the OSHA Hazard Communication Standard 1910.1200, Paragraph g, or identical to the U.S. Coast Guard Chemical Hazard Response Information System (CHRIS), shall be deemed to be in compliance with these rules. In any case, an MSDS must be prepared in a manner that pro vides basic chemical identity, health, safety, and emergency re sponse information, consistent with the purpose of these rules. Person means a natural person, whether or not employed at a given facility, a member of the general public, or a firm, association, partnership, co-partnership, joint venture, corpora tion, or other legal entity. Produce means to manufacture, process, formulate, or repackage. Trade secret means any confidential formula, pattern, process, device, information, or compilation of information (in cluding chemical name or other unique chemical identifier) that is used in an employer's business, and gives the employer an opportunity to obtain an advantage over competitors who do not know or use it. Use means to package, handle, react, or transfer. 4. SURVEY FORM All persons subject to these rules shall complete and sub mit the following Hazardous Material Survey Form within 90 days after the effective date of these rules, and no later than March 31 of each subsequent year. HASAkXnUS MATERIALS SURVEY rOM I) FidlUy Name: GENERAL INFORMATION 1) Mailing Address (If different from location): Business Phone: 5) Emergency Phone: Facility Type (check aa any aa appreprlate)? a Altarnace tea of sails building Industry jobalte .2 wharf or dock (sari time) 3. _eiectrle lubiciUon 4. 11qua tied petroleum gaa _tl 4 gas production facility natural gas, crude oil, hydrocarbon product pipeline hydrocarbon storage facilities (ooly when tanks are (other than refinery) dearly marked as *ueh> railcar storage area (if .5. hatardoua vast* commercial dltpossl 12 placarded appropriately) explosive storage magetins . gasoline recall sales 11." other 7, tank truck storage 'lit placarded appropriate!y) b. Full survey (c manufacturing 1l._ storage "mixing l*._ coatings applicator U._ "fiberglass repair l*._ tank or equipment cleaning lb. sewerage treatment )7. waste water treatment Id* . "drinking water treatment 10 eastings warehouse I1.# 20. II." feud store warehouse hardware or building supply warehouse ^refining oil recycJer solvent recycler laboratory hospltal _m*dtcal facility dry cleaner or laundry ot her Louwood Regnttr Vol. Vi. No. I Jamuty 20. 19K7 FART . HAEAROUUS MATERIAL IDENTITY AND CODE KAIAJUWU5 HATH.LALS INVENTORY INVENTORY RANGE AGEKCt RtkURTLU TO {if applicable) SHIPPING PAPLH LOCATION (If aoollcable) PAST C. CERTIFICATION Ttil H*rdou Malarial Survey Fora auai be certified ai cru and correct by a raapontlbld perton at follows: "l hereby certify the lnforaailon contained herein la true and correct to the fulleet latent of ay knowl*4|e". SIGNATURE None: Million: phone Nuaber: __ DATE DO NOT WRITE IELOU THIS LINE Approved by: Date: Unapproved by: ____________________________ Reaaona: VVV 000009208 5. NOTIFICATION A. Any emission of any hazardous material, when such hazardous material is reported under these rules, which escapes the boundary of any facility, where such emission may reasona bly be considered dangerous, must be reported to the Hazardous Materials Unit of the Office of State Police via telephone within 30 minutes of the discovery of that release. Actual notification may be accomplished through local emergency response offi cials; however, it remains the responsibility of the facility experi encing the release that a proper notification is accomplished. B. Any person required to report under Sections 8.1, 8.1.1, 8.1.2, or 8.1.3 of Part II of the Department of Environ mental Quality's (DEQ) "Notification Regulations and Proce dures for Unauthorized Discharges" shall also be required to notify the Hazardous Materials Unit within 30 minutes of discov ery of the reportable incident. Upon receipt of emergency notifi cation, the 'state police shall notify the Department of Environmental Quality. However, it remains the responsibility of the facility experiencing the release that a proper notification of Department of Environmental Quality is accomplished. C. This emergency reporting does not relieve any person or facility of written or follow-up reporting as may be required under applicable laws, rules, or regulations; e.g., "Prompt Notifi cation," "Written Report after Prompt Notification," or "Written Report Following Emergency/Notificationas contained in "No tification Regulation Procedures for Unauthorized Discharges" of DEQ. D. Transportation incidents shall be reported according to R.S. 32:1510. E. All emergency notifications required by these rules shall be reported to (504)925-6595. vw 000009209 6. REPORTING iii. any material listed in Appendices B or C shall be re A. Alternate means of compliance i. Facilities indicating only Block 6a (of the Hazardous Materials Survey Form) who currently report chemical identities ported when the total quantity at one facility exceeds 60 gallons or 600 pounds per material, unless previously provided for; iv. any material listed in Appendices A, B, or C, which is and quantities as may be required by applicable law to any other also listed in Appendix D, shall also be reported using the three- state agency shall list the agency to whom said chemical is re letter code supplied in Appendix D; ported, and the names of the hazardous materials reported, on v. hazardous materials required to be reported, but not the survey form. listed in Appendices A or D, shall be reported by attaching an ii. Facilities indicating only Block 6a who do not currently appropriate material safety data sheet (MSDS) to the survey report to any other state agency, and are not solely engaged in form. transportation, shall list on the survey form all materials listed in Appendix A if the maximum quantity which may be encoun vi. the facility submitting the MSDS shall be responsible for supplying the most recent MSDS made available by the per tered at any given time exceeds 10 pounds "Explosives," as de son supplying the facility; fined by Part 173.50 of the hazardous materials/hazardous vii. facilities checking Block 6b shall submit a fee of $50 waste regulations, must be reported regardless of quantity. Mix per survey form reported. In no case shall the fee exceed $300 tures containing materials listed in Appendix A need not be re for any one person reporting multiple facilities in one parish; and ported if the aggregate weight of Appendix A materials in said in no case shall this fee exceed $1,000. mixture does not exceed 10 percent, provided said mixture was C. Inventory Range formulated prior to its arrival at the reporting facility. Each mate Materials listed in Appendices A, B, C, or D shall be rial found in Appendix B and Appendix C shall be reported if the listed according to the following range: maximum quantity exceeds 60 gallons or 600 pounds. iii. Fees - Range Maximum Quantity for any given time a) Facilities checking only Block 6a shall submit a S15 fee 1 10-100 lbs. upon filing the survey form, for each form submitted. 2 101 - 1,000 lbs. b) Facilities in compliance with the Liquefied Petroleum 3 1,001 - 10,000 lbs. Gas Commission regulations shall have their fees paid by the 4 10,001 - 100.000 lbs. Liquefied Petroleum Gas Commission. 5 100.001 - 1,000,000 lbs. c) Said fee shall not exceed $90 per parish, or $270 for 6 Greater than 1,000,000 lbs. multi-parish facilities. d) Agencies of the state or of the states political subdivi sions must file the survey form, but are exempt from the fees. iv. Facilities indicating Block 6a engaged solely in the transportation of hazardous materials, or facilities whose storage of hazardous materials is purely incidental to the transportation of hazardous materials, shall a) report to the fullest extent possible, hazard classes and total quantities which may be experienced at any given time within the confines of their yard; b) maintain a copy of the shipping papers as defined by Part 172.200 of the Louisiana hazardous material/hazardous waste regulations, in a central, accessible location, and include this location on the survey form. Shipping papers will not be required to be maintained for any wheeled vehicle which has been emptied to the fullest possible extent and is awaiting clean ing or refill, provided said vehicle is properly placarded according to the last hazardous material contained; c) maintain all markings, labeling, or other communica tion devices required by law on all transportation containers, un til such time as said container is cleaned, purged, refilled, or discarded, in accordance with applicable state law. v. Facilities indicating "hazardous waste commercial dis posal" shall report previous year's total waste received. Identifica tion of wastes received shall be indicated using the alpha numeric designation as listed in Appendix C. B. Full Survey Form i. facilities indicating Block 6b. refer to Appendices A, B, C. D; ii. any material found listed in Appendix A shall be re ported in quantities which exceed 10 pounds; however, mixtures containing materials listed in Appendix A need not be reported if the aggregate weight of Appendix A materials in said mixture do not exceed 10 percent, provided said mixture was formulated prior to its arrival at the reporting facility. Hazardous materials meeting the definition of "explosives," as contained in Fart 173.50 of the hazardous materials/hazardous waste regulations, shall be reported regardless of quantity; 7. TRADE SECRETS A. If an owner or operator believes that disclosing infor mation as required by these rules will reveal a trade secret, he may file a trade secret claim with the Department of Public Safety and Corrections (hereinafter referred to as the depart ment) at the time of submission of the survey formfs). He shall first disclose the identity of the material which is the subject of the trade secret claim to the department. In filing such a claim, the owner or operator shall include for each claim - i. a statement in writing that reporting the information requested would reveal a trade secret, stating that concealment is justified, and the reasons for such concealment; ii. all appropriate information regarding procedures, in cluding emergency treatment procedures for responding to leaks, spills, and any other exposure to hazardous materials. This information shall also be supplied to designated local gov erning authorities; iii. a written statement identifying whether or not the ma terials) sought to be protected as part of a trade secret claim appear on the most recent list of the National Toxicology Pro gram Report on Carcinogens or most recent monograph of the International Agency for Research on Cancer. B. Based on the claim submitted pursuant to Subsection (A) of this Section, the deputy secretary (of the department) shall make an initial determination of the validity of the trade secret claim. If he initially determines that such claim is not valid, he shall set a hearing date to receive information regarding the trade secret claim. The hearing shall be set not more than sixty days from the departments receipt of the owner or operator's claim, and shall be conducted with due regard for confidentiality. The owner or operator shall have the burden of showing the deputy secretary that the trade secret claim is valid. In determin ing such validity, the deputy secretary shall consider materials provided by the owner or operator regarding !. the extent to which the information, for which the trade secret claim is made, is known outside his business; ii. the extent of measures he has taken to guard the se crecy of the information; 9 tnmunnn Atgatrr VW 13. No I January 20. |9H7 iii. the value of the information to him or his competitor; iv. the amount of effort or money he has expended in developing the information; v. the ease or difficulty with which the secret could be come known by analytical techniques, laboratory procedures, re verse engineering, or other means: C. If the deputy secretary determines that the trade secret claim is not valid, he shall notify the owner or operator in writing by certified mail. The owner or operator shail have 15 working days, not to exceed 20 consecutive days, to file an appeal with a court of appropriate jurisdiction. The owner or operator shall notify the department of its filing within five days, in writing, that an appeal has been filed. If no appeal is filed, the owner or operator shall provide the department with a survey form con taining the disputed information immediately. If the owner or operator timely notifies the department of filing an appeal, the department shall withhold from public disclosure, any informa tion for which the trade secret claim was made. The deputy secretary 5 determination shall be considered the final agency re view. and he shall inform the owner or operator of his action by certified mail. D. The subject of any trade secret claim pending or ap proved shall be treated as confidential information. The depart ment shall protect the confidentiality of trade secrets, provide separate secure storage areas for such information, and shall in stitute disciplinary procedures, including the firing of department employees who, negligently or intentionally, divulge such infor mation. E. At such time as the subject of an approved trade secret claim ceases to be a trade secret, the owner or operator shall have the obligation to report such information to the deputy sec retary. F. The provisions of this Section shall not apply to the disclosure of any information required pursuant to any other pro vision of law or rules adopted pursuant thereto. G. The department may provide trade secret information to a physician under an agreement of confidentiality, when such information is needed for medical diagnosis or treatment of a person exposed to a hazardous material. H. Nothing in this Section shall be so construed as to interfere with the duty of a physician to report actual or potential public health problems to the proper authorities. For reporting purposes Appendices A. B, and C have been derived from the following listings: Appendix A EPAs list of 405 acutely toxic chemicals; Appendix B Hazardous Materials Table Proper Shipping Names, Sec tion 172.101 of DPSC's Hazardous Materials/Hazardous Waste Regulation; and Appendix C The Department of Environmental Quality's list of Reportable Quantities for Notification of Unauthorized Discharges, as found in DEQ's Notification Regulations. Appendix D This section is to be used as a reference. It gives three* letter codes for 900 chemicals and hazardous materials. Copies of these appendices can be viewed from 8 a.m. to 4:30 p.m.. Monday through Friday, at the Hazardous Substance Control Section office located at 7901 Independence Boulevard, Baton Rouge, LA. Colonel Wiley McCormick Deputy Secretary Loumana Register Vol. 13. No. 1 January Z0. 1987 DECLARATION OF EMERGENCY Department of the Treasury Board of Trustees of the State Employees Group Benefits Program The Department of the Treasury, Board of Trustees of the State Employees Group Benefits Program, on December 18, 1986, found there existed an imminent peril to the public health and welfare which required the emergency amendment of its rules as follows: 1. The annual deductible will be increased to $300 per person. 2. The stop-loss will be increased form $1,000 to $2,000. In other words, instead of paying 80 percent of the first $5,000 of eligible medical expenses, the program will pay 80 of the first $10,000 of eligible benefits. Thereafter, the program will pay benefits at 100 percent. 3. In-patient confinement for alcoholism or drug abuse treatment is limited to once in a lifetime. This emergency action is effective January 1, 1987. James D. McElveen Executive Director DECLARATION OF EMERGENCY Department of Wildlife and Fisheries , Wildlife and Fisheries Commission In accordance with the provisions of Act 494 passed dur ing the 1986 Regular Legislative Session which allows the De partment of Wildlife and Fisheries and the Wildlife and Fisheries Commission to use the emergency provisions of R. S. 49:953 (Bj when setting shrimp seasons, the provisions of R.S. 56:497 (A) (3) and the authority granted to the secretary of Wildlife and Fisheries by the Wildlife and Fisheries Commission at its regular meeting on December 5. the secretary of Wildlife and Fisheries hereby sets a special shrimp season for that portion of Louisiana inside waters from South Pass of the Mississippi River to the Louisiana-Mississippi State line, otherwise known as Shrimp Management Zone 1. The special season will begin at 12:01 a.m. Monday, December 22, 1986 and run until 12:00 p.m. midnight, Wednesday, January 14, 1986. This special season is being allowed on an experimental basis to enable fishermen to harvest large late emigrating shrimp. J. Burton Angelle Secretary Rules VVV 000009210 RULE Department of Agriculture and Forestry Office of Management and Finance Agricultural Industry Board In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et seq.) and R.S. 3:3704, the De partment of Agriculture and Forestry, Agricultural Industry Board adopted amendments to the rules and regulations as detailed below. 10