Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 1 - INTRODUCTION AND GENERAL PROVISIONS › Section 11-453-2 - Definitions

Current through June, 2024
The following words or terms, when used in this chapter,
					 shall have the following meanings:
"Administrator" means the administrator of the United
					 States Environmental Protection Agency.
"CERCLA" means the Comprehensive Environmental Response,
					 Compensation and Liability Act of 1980, as amended, title
					 42
					 United States Code sections 9601 -
					 9675.
"Commission" means the Hawaii state emergency response
					 commission.
"Committee" means the local emergency planning committee
					 within each county responsible for preparing hazardous material plans and
					 performing other functions under the Emergency Planning and Community
					 Right-to-Know Act of 1986 and chapter 128E, Hawaii Revised Statutes
					 (HRS).
"County agency" means a county or any officer or agency
					 thereof.
"Department" means the department of health.
"Director" means the director of health.
"EPA" means the United States Environmental Protection
					 Agency.
"EPCRA" means the Emergency Planning and Community
					 Right-to-Know Act of 1986, as amended, title '
					 42
					 United States Code sections 11001 -
					 11050.
"Emergency response plan" means a written plan outlining
					 procedures to protect public health and safety in the event of an accidental
					 release of an extremely hazardous substance. The required elements for an
					 emergency response plan are listed in section
					 11-453-29(b).
"Environment" means any waters, including surface water,
					 ground water, or drinking water; any land surface or any subsurface strata; or
					 any ambient air, within the State or under the jurisdiction of the
					 State.
"Extremely hazardous substance" or "EHS" means any
					 substance listed in title 40 Code of Federal Regulations part 355, appendices A
					 and B, as amended.
"Facility" means any building, structure, installation,
					 equipment, pipe or pipeline (including any pipe into a sewer or publicly-owned
					 treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill,
					 storage container, motor carrier, rolling stock, aircraft, site, or area where
					 a hazardous substance or pollutant or contaminant has been deposited, stored,
					 disposed of, or placed, or otherwise comes to be located. The term does not
					 include any consumer product in consumer use.
"Hazardous chemical" means any hazardous chemical as
					 defined under title 29 Code of Federal Regulations section 1910.1200(c), except
					 that such term does not include the following substances:
(1) Any food, food additive, color additive, drug, or
					 cosmetic regulated by the Food and Drug Administration.
(2) 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.
(3) 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.
(4) Any substance to the extent it is used in a research
					 laboratory or a hospital or other medical facility under the direct supervision
					 of a technically qualified individual.
(5) 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.
"Hazardous material" or "hazardous substance" means any
					 hazardous substance as defined in section
					 128D-1, HRS, and
					 designated in section
					 11-451-5.
"HEPCRA" means the Hawaii Emergency Planning and Community
					 Right-to-Know Act.
"Material Safety Data Sheet" or "MSDS" means the sheet
					 required to be developed under title 29 of the Code of Federal Regulations
					 section 1910.1200(g).
"Person" means an individual, firm, corporation,
					 association, partnership, consortium, joint venture, commercial entity, state,
					 county, commission, or, to the extent the United States or an interstate body
					 is subject to this chapter, the United States or the interstate body.
"Release" means any spilling, leaking, pumping, pouring,
					 emitting, emptying, discharging, injecting, escaping, leaching, dumping, or
					 disposing of any hazardous substance, or pollutant or contaminant into the
					 environment, including the abandonment or discarding of barrels, containers,
					 and other closed receptacles containing a hazardous substance, or pollutant or
					 contaminant. The term does not include:
(1) Any release that results in the exposure of persons
					 solely within a workplace, with respect to claims that these persons may assert
					 against their employer;
(2) Emissions from the engine exhaust of a motor vehicle,
					 rolling stock, aircraft, vessel, or pipeline pumping station engine;
(3) Release of a source, byproduct, or special nuclear
					 material from a nuclear incident, as those terms are defined in the Atomic
					 Energy Act of 1954, as amended, title
					 42 United States Code section
					 2011 et seq., if-this release is subject to
					 requirements with respect to financial protection established by the Nuclear
					 Regulatory Commission under title
					 42 United States Code
					 section 2210;
(4) Any release resulting from the normal application of
					 fertilizer;
(5) Any release resulting from the legal application of a
					 pesticide product registered under the Federal Insecticide, Fungicide, and
					 Rodenticide Act, as amended; or
(6) Any release from sewerage systems collecting and
					 conducting primarily domestic wastewater.
"Reportable quantity" means the quantity of a hazardous
					 material stated on the various lists of hazardous substances as defined in
					 section 128D, HRS, and designated in section
					 11-451-6.
"SARA Title III" means Title III of the Superfund
					 Amendments and Reauthorization Act of 1986, title
					 42
					 United States Code sections 11001 -
					 11050.
"Threshold planning quantity" or "TPQ" means the threshold
					 planning quantity for an "extremely hazardous substance" as defined in title 40
					 Code of Federal Regulations part 355.
"Toxic chemical" means a substance appearing on the list
					 of chemicals described in section 313 of the Emergency Planning and Community
					 Right-to-Know Act of 1986, as set forth in title 40 Code of Federal Regulations
					 part 372.