Relating to hazardous
materials and substances.

Requires the Department of Health, in conjunction 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

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 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 departments, they must be
20 involved in this study.

Page 2                                                     2962
                                     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 a potential risk to
 5 public health and safety that requires legislative action;
 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.  Whether the state or the counties are the appropriate
21 level of government to undertake any necessary regulatory or
22 enforcemnt program, and what resources would be required to
23 implement such a program, and;

Page 3                                                     2962
                                     H.B. NO.           

 1      G.  Whether the Fire Departments should be involved in the
 2 inspection and regulation of facilities that store hazardous
 3 materials and substances.
 4      SECTION 3.  The Department of Health shall conduct this
 5 study in conjunction with the County Fire Departments.  The
 6 Mayors of the respective counties may direct other county
 7 agencies participate in addition to or in the place of the fire
 8 department.  The Department of Health shall consult with
 9 appropriate experts at the University of Hawaii in conducting
10 this study.
11      SECTION 4.  There is appropriated out of the general
12 revenues of the State of Hawaii the sum of $           , or so
13 much thereof as may be necessary for fiscal year 2000-2001, to
14 conduct the study required by Act.
15      SECTION 5.  The sum appropriated shall be expended by the
16 Department of Health for the purposes of this Act.
17      SECTION 6.  This Act shall take effect on July 1, 2000.
19                       INTRODUCED BY:  ___________________________