Haw. Code R. § 11-453-20 - Facilities subject to emergency release notification

(a) The requirements of this subchapter apply to any facility at which:

(1) A hazardous chemical is produced, used or stored; and

(2) There is release of a reportable quantity of any hazardous substance or extremely hazardous substance within any 24-hour period. Certain releases are exempted from these requirements. Exempted releases are listed in section 11-453-20(b).

(b) This subchapter does not apply to:

(1) Any release which results in exposure to persons solely within the boundaries of the facility;

(2) Any release which is a federally permitted release as defined in section 101 (10) of Comprehensive Emergency Response, Compensation and Liability Act;

(3) Any release that is continuous and stable in quantity and rate under the definitions in title 40 Code of Federal Regulations section 302.8(b). Exemption from notification under this subchapter does not include exemption from:

(A) Initial notifications as defined in title 40 Code of Federal Regulations section 302.8(d) and (e);

(B) Notification of a "statistically significant increase", defined in title 40 Code of Federal Regulations section 302.8(b) as any increase above the upper bound of the reported normal range, which is to be submitted to the community emergency coordinator for the committee for any area likely to be affected by the release and to the commission likely to be affected by the release;

(C) Notification of a "new release" as defined in title 40 Code of Federal Regulations section 302.8(g)(1); or

(D) Notification of a change in the normal range of the release as required under title 40 Code of Federal Regulations section 302.8(g)(2).

(4) Any release of a pesticide product exempt from Comprehensive Emergency Response, Compensation and Liability Act section 103(a) reporting under section 103 (e) of Comprehensive Emergency Response, Compensation and Liability Act;

(5) Any release not meeting the definition of release under section 101(22) of Comprehensive Emergency Response, Compensation and Liability Act, and therefore exempt from section 103(a) reporting; and

(6) Any radionuclide release which occurs:

(A) Naturally in soil from land holdings such as parks, golf courses, or other large tracts of land.

(B) Naturally from land disturbance activities, including farming, construction, and land disturbance incidental to extraction during mining activities, except that which occurs at uranium, phosphate, tin, zircon, hafnium, vanadium, monazite, and rare earth mines. Land disturbance incidental to extraction includes: land clearing; overburden removal and stockpiling; excavating, handling, transporting, and storing ores and other raw (not beneficiated or processed) materials; and replacing in mined-out areas coal ash, earthen materials from farming or construction, or overburden or other raw materials generated from the exempted mining activities.

(C) From the dumping and transportation of coal and coal ash (including fly ash, bottom ash, and boiler slags), including the dumping and land spreading operations that occur during coal ash uses.

(D) From piles of coal and coal ash, including fly ash, bottom ash, and boiler slags.

(7) Any release in amounts less than 1,000 pounds per 24 hours of:

(A) Nitrogen oxide to the air that is the result of combustion and combustion-related activities.

(B) Nitrogen dioxide to the air that is the result of combustion and combustion-related activities.

Notes

Haw. Code R. § 11-453-20

[Eff NOV 05 2010] (Auth: HRS §§ 128E-6, 128E-7, 128E-13) (Imp: HRS §§ 128E-6, 128E-7, 128E-13)