Current through Register Vol. 50, No. 9, September 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.
D. The following materials are exempt from
the inventory reporting requirements of these rules:
1. any hazardous waste as such term is
defined by the Solid Waste Disposal Act as amended (42 U.S.C.
6901 et seq.) when subject to regulations
issued under that Act;
2. tobacco
or tobacco products;
3. wood or
wood products;
4. "articles":
a. which are formed to a specific shape or
design during manufacture;
b. which
have end use function(s) dependent in whole or in part upon the shape or design
during end use; and
c. which do not
release or otherwise result in exposure to a hazardous chemical under normal
conditions of use;
5.
food, drugs, cosmetics or alcoholic beverages in a retail establishment which
are packaged for sale to consumers;
6. foods, drugs, or cosmetics intended for
personal consumption by employees while in the workplace;
7. any consumer product or hazardous
substance, as those terms are defined in the Consumer Product Safety Act ( 15
U.S.C. 1251 et seq.) respectively, where the employer can demonstrate it is
used in the workplace in the same manner as normal consumer use, and which use
results in a duration and frequency of exposure which is not greater than
exposures experienced by consumers;
8. any drug, as that term is defined in the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.) when it is in solid, final form
for direct administration to the patient (i.e., tablets or pills);
9. any food, food additive, color additive,
drug, or cosmetic regulated by the Food and Drug Administration;
10. any substance present as a solid in any
manufactured item to the extent exposure to the substance does not occur under
normal conditions of use;
11. any
substance to the extent it is used for personal, family, or household purposes,
or is present in the same form and concentration as a product packaged for
distribution and use by the general public;
12. any substance to the extent it is used in
a medical research laboratory or a hospital or other medical facility under the
direct supervision of a technically qualified individual;
13. any substance to the extent it is used in
routine agricultural operations or is a fertilizer held for sale by a retailer
to the ultimate customer.
AUTHORITY NOTE:
Promulgated in accordance with
R.S. 30:2361
et seq.
