REPORT TITLE:
Environment


DESCRIPTION:
Amends law to allow ozone-depleting compounds that are an
acceptable alternative as approved by the U.S. EPA SNAP Program. 

 
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THE SENATE                              S.B. NO.           2309
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ENVIRONMENT.



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

 1      SECTION 1.  In 1992, the Hawaii state legislature amended
 
 2 section 342C-2, Hawaii Revised Statutes, which regulates
 
 3 chlorofluorocarbons (CFCs), halons, and other ozone-depleting
 
 4 substances.  The law makes it illegal to purchase, distribute, or
 
 5 offer for sale halon 1211 portable fire extinguishers.  However,
 
 6 one may continue to use the halon portables until the chemical in
 
 7 the unit is expended.
 
 8      By disallowing "other ozone-depleting compounds", this law
 
 9 has had the unintended effect of leaving users with no effective
 
10 alternative to halon 1211.
 
11      Recognizing that complete non-ozone-depleting alternatives
 
12 have not been developed for all situations, in 1994 the federal
 
13 Environmental Protection Agency implemented a program called the
 
14 Significant New Alternatives Policy (SNAP) Program.  This program
 
15 was established to provide a list of acceptable alternatives to
 
16 class I ozone-depleting substances (halons included) for major
 
17 industrial use sectors. 
 
18      The SNAP program has identified and evaluated chemical
 

 
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 1 substitutes for halon 1211 and has released a list of acceptable
 
 2 and unacceptable alternatives.
 
 3      The current law has inadvertently created a situation where
 
 4 it is unlawful to switch to a significantly less ozone damaging
 
 5 product, while endorsing the continued use of halons.  The
 
 6 purpose of this Act is to allow the use of ozone-depleting
 
 7 compounds which have been found acceptable and approved by the
 
 8 federal Environmental Protection Agency. 
 
 9      SECTION 2.  Section 342C-2, Hawaii Revised Statutes, is
 
10 amended by amending subsection (c)to read as follows:
 
11      "(c)  Effective July 1, [1993,] 2001, no person in this
 
12 State shall:
 
13      (1)  Purchase, distribute, manufacture, import, sell, or
 
14           offer for sale, any portable fire extinguisher that
 
15           contains a [halon or other ozone-depleting compound;]
 
16           substance not listed in the United States Environmental
 
17           Protection Agency's Significant New Alternatives Policy
 
18           Program as an acceptable substitute for Streaming
 
19           Agents, pursuant to Title 40, Part 82, Code of the
 
20           Federal Regulations; or 
 
21      (2)  Repair, service, or perform maintenance on any portable
 
22           fire extinguishing system or unit without using a
 
23           reclamation system to recapture, recycle, or properly
 

 
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 1           dispose of unspent halons [or other ozone-depleting
 
 2           compounds].  United States Environmental Protection
 
 3           Agency Significant New Alternatives Policy Program
 
 4           approved halon substitutes shall be recovered from
 
 5           portable fire protection systems in conjunction with
 
 6           testing or servicing and recycled for later use or
 
 7           destroyed, pursuant to Title 40, Part 82, Code of
 
 8           Federal Regulations.
 
 9 Exempted from this prohibition is the sale of portable halon fire
 
10 extinguishers for use in aircraft, which may be sold to
 
11 purchasing agents of airline companies, or to private individuals
 
12 upon presentation of a pilots license." 
 
13      SECTION 3.  Section 342C-5, Hawaii Rrevised Statutes, is
 
14 amended by amending subsections (c) and (d) to read as follows:
 
15      "(c)  Each portable fire extinguisher, containing a halon or
 
16 other ozone-depleting compound[,] not listed in the United States
 
17 Environmental Protection Agency's Significant New Alternative
 
18 Policy Program as an acceptable substitute for Streaming Agents,
 
19 pursuant to Title 40, Part 82, Code of the Federal Regulations,
 
20 that is purchased, distributed, manufactured, imported, sold, or
 
21 offered for sale, shall constitute a separate offense.
 
22      (d)  Each portable fire extinguishing system or unit that is
 
23 repaired, serviced, or upon which maintenance is performed[,
 

 
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 1 without using a reclamation system to recapture, recycle, or
 
 2 properly dispose of unspent halons or other ozone-depleting
 
 3 compounds,] in violation of subsection (c)(2), shall constitute a
 
 4 separate offense."
 
 5      SECTION 4.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 5.  This Act shall take effect upon its approval.
 
 8 
 
 9                           INTRODUCED BY:  _______________________
 

 
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