Haw. Code R. § 11-451-7 - Notification requirements

(a) Purpose. The purpose of this section is to describe the notification process which shall be followed when there is a release of a hazardous substance that meets or exceeds a reportable quantity. The purpose of the notification process is to ensure that the appropriate organizations are notified of releases of hazardous substances that present or may present a substantial danger to the public health or welfare, the environment, or natural resources.

(b) Initial notification. Any person in charge of a facility or vessel shall immediately notify the organizations listed in subsection (c), by telephone or in person, of any release from such facility or vessel occurring on or after the effective date of these rules of:

(1) A listed hazardous substance designated under section 11-451-5(b), in quantities equal to or exceeding the reportable quantity criteria in section 11-451-6(b) in any 24-hour period, except that for releases of oil of less than 25 gallons in any 24-hour period which is not contained and remedied within 72-hours need only be reported pursuant to paragraph (e) of this section;

(2) An unlisted hazardous substance designated under section 11-451-5(c), in quantities equal to or exceeding the reportable quantity criteria in section 11-451-6(c) in any 24-hour period.

(c) Organizations to notify:

(1) The department, by calling a telephone number published by the department and designated for this purpose; and

(2) All affected local emergency planning committees by calling a telephone number published by the department and designated for this purpose.

(d) Notification contents. Verbal notification to the department shall consist of providing the following information, but shall not be delayed due to incomplete notification information related to the release:

(1) The name (trade and chemical) and chemical abstract service registry number, if available, of the hazardous substance, pollutant, or contaminant which has been released;

(2) The approximate quantity of the hazardous substance, pollutant, or contaminant which has been released;

(3) The reportable quantity or other notification threshold that is the basis for notification;

(4) The location of the release;

(5) A brief description of the release including the medium or media into which the release occurred or is likely to occur, and the cause of the release;

(6) The date, time, and duration of the release, and the date and time that the person in charge of the facility or vessel where the release occurred, obtained knowledge of the release;

(7) The source of the release;

(8) The name, address and telephone number of the caller;

(9) The name, address and telephone number of the owner and operator of the facility or vessel where the release has occurred;

(10) The name and telephone number of a contact person at the facility or vessel where the release has occurred;

(11) Measures taken or proposed to be taken in response to the release as of the time of the notification, and any appropriate information relating to the ability of the owner or operator of the facility or vessel where the release has occurred to pay for or perform any proposed or required response actions;

(12) The names of other federal, state, or local government agencies that have been notified of the release;

(13) Any known or anticipated acute or chronic health risks associated with the releasee and where appropriate, advice regarding medical attention necessary for exposed individuals; and

(14) Any other information which is relevant to assessing the hazard posed by the release, including but without limitation potential impacts to public health or welfare, or the environment.

(e) Written notification. Notice, including all information provided pursuant to subsection (d), and any other information not previously provided in subsection (d), shall also be made in writing to the department. This written notice shall be post-marked no later than thirty (30) days after initial discovery of a release, and sent by certified mail or another means which provides proof of delivery.

(f) Releases of mixtures or solutions. Releases of mixtures or solutions containing a hazardous substance or substances are subject to the notification requirements contained in this section, only where a component hazardous substance of the mixture or solution is released in a quantity equal to or greater than its reportable quantity. This provision only applies if the person in charge of a facility or vessel knows the exact concentrations of all the hazardous substance components present in the mixture or solution. If the exact concentration of all the hazardous substance components present in the mixture or solution is not known, reporting is required if the quantity of the entire amount of material released equals or exceeds the reportable quantity of any hazardous substance component.

(g) Continuous releases. For continuous releases that are stable in quantity and rate, reporting shall be made in accordance with 40 CFR §302.8, as of July 1, 1993, except that reporting shall be made to the director and not to the Environmental Protection Agency or the National Response Center.

(h) Notification received by the department pursuant to this section or information obtained by the exploitation of such notification shall not be used against any such person in any criminal case, except for a prosecution for perjury or for giving a false statement, or for prosecuting a knowing release.

(i) Notification exemptions. The following categories of releases are exempt from the notification requirements of this section:

(1) Releases of hazardous substances emanating from bituminous pavement, landscaping materials, or building materials that are in good repair and serving their original intended use;

(2) Releases of gasoline or diesel fuel that results from the rupture of the fuel tank of a passenger vehicle as a result of an accident involving such vehicle;

(3) Sheens resulting from discharges of oil from a properly functioning vessel engine;

(4) Releases of radionuclides regulated by EPA under 42 USC Section 9602, 33 USC Sections 1321 and 1361, and 40 CFR Part 302 et seq.;

(5) Releases of hazardous substances that are discharged or emitted from an outfall, stack or other point source, or as fugitive emissions, any of which are regulated under and have received a valid permit, license, or approval, or which are operating under a valid registration, order or guideline issued under a federal or state statute or regulation, unless the release

(A) exceeds the amount allowed by permit, license, approval, registration, order or guideline; and

(B) may pose a substantial endangerment to public health, welfare or the environment.

The provision shall not relieve any person from any other duty to notify which may exist under any other statute or regulation, nor shall it in any way limit the authority of any other agency, political subdivision or authority of the federal or state government or of any office or division of the department to enforce or otherwise carry out the duties assigned to it by law.

Notes

Haw. Code R. § 11-451-7

[Eff. AUG 17 1995] (Auth: HRS §§ 128D-3, 128D-7) (Imp: HRS §§ 128D-3, 128D-7)