REPORT TITLE:
Relating to hazardous
materials and substances.


DESCRIPTION:
Requires the Department of Health, in consultation with the
County Fire Departments, to determine whether existing laws,
regulations, and standards regarding hazardous materials and
substances are sufficient to protect the public health and
safety. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2786
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO HAZARDOUS MATERIALS AND SUBSTANCES. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  On Thanksgiving Day 1999, several tons of
 
 2 sulfuric acid were accidentally discharged from a storage tank
 
 3 owned by Brewer Environmental Industries at Campbell Industrial
 
 4 Park on Oahu.  The cause of the discharge was corrosion of a pipe
 
 5 connected to the tank.
 
 6      The response to this spill pointed out that there are no
 
 7 state regulations regarding storage of hazardous materials. Few,
 
 8 if any, states regulate industrial or commercial storage of
 
 9 hazardous chemicals, other than requiring notification to
 
10 appropriate agencies and the public of the existence of the
 
11 hazardous materials or substances.  In contrast, once those
 
12 chemicals become a hazardous waste they are subject to
 
13 comprehensive federal and state regulation.
 
14      The purpose of this bill is to require the Department of
 
15 Health to study whether the public health and safety are put at
 
16 risk by the absence of standards and enforcement regarding the
 
17 storage and use of hazardous materials and substances.
 
18      Since the initial responder and incident commander for
 
19 chemical discharges will be the fire department, they should be
 
20 involved in this study.
 

 
Page 2                                                     2786
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 2.  The Department of Health shall report to the
 
 2 Legislature by December 31, 2000:
 
 3      A.  Whether industrial and commercial storage and use of
 
 4 hazardous materials and substances creates an unacceptible risk
 
 5 to public health and safety.
 
 6      B.  Whether and how other states and territories regulate
 
 7 the storage and use of hazardous materials and substances.
 
 8      C.  Whether insurance, industry, or other existing
 
 9 standards, if followed, are sufficient to protect public health
 
10 and safety.
 
11      D.  What, if any, additional laws regarding the storage and
 
12 use of hazardous materials and substances are necessary to
 
13 protect public health and safety.
 
14      E.  Whether self-certification by industry that they comply
 
15 with existing standards is sufficient to protect the public
 
16 health and safety.
 
17      F.  Whether inspection by an independent third party such as
 
18 a classification society, professional engineer, industrial
 
19 hygienist, etc., should be required.
 
20      F.  If additional regulations or enforcement are necessary,
 
21 whether the state or the counties are the appropriate level of
 
22 government to undertake this effort.
 

 
 
 
Page 3                                                     2786
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 3.  The Department of Health shall allow the County
 
 2 Fire Departments to fully participate in this study.  The Mayors
 
 3 of the respective counties may direct other county agencies
 
 4 participate in addition to or in the place of the fire
 
 5 department.
 
 6      SECTION 4.  This Act shall take effect upon its approval.
 
 7 
 
 8                       INTRODUCED BY:  ___________________________