11 CSR 10-11.220 - Definitions

PURPOSE: This rule provides definitions for terms used in 11 CSR 10.

(1) Administrator-the administrator of the United States Environmental Protection Agency.

(2) Business-each corporation as defined under Chapter 351, RSMo; each business required to register under Chapter 417, RSMo; each person engaged in or transacting business in Missouri; each department of state government; and each political subdivision of the state.

(3) Commission-the Missouri Emergency Response Commission (MERC) established under section 292.602, RSMo.

(4) Covered facility-any facility required to report to the commission under the state or federal Emergency Planning and Community Right-to-Know Act.

(5) Department-the Department of Public Safety.

(6) Director-director of the Department of Public Safety.

(7) Emergency Planning and Community Right-to-Know Act (EPCRA)-the federal Emergency Planning and Community Right-to-Know Act of 1986 ( P.L. 99-499 ) and all rules promulgated under the federal Act or the Missouri EPCRA (sections 292.600-292.625, RSMo). If not specified as to the federal or state Act, it refers to both.

(8) Employer-a person engaged in business and including the state and any political subdivision.

(9) Extremely hazardous substance-a substance listed under 40 CFR part 355 by the administrator.

(10) Facility-all buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person which controls, is controlled by or under common control with that person). For purposes of emergency release notification, the term includes motor vehicles, rolling stock and aircraft.

(11) Family farm-an unincorporated farming unit owned or leased by one (1) or more persons residing on the farm or actively engaged in farming.

(12) Form R or toxic release inventory-the report form as developed by the administrator to report toxic emissions under Section 313 of the EPCRA.

(13) Hazard category-any of the following:

(A) "Immediate (acute) health hazard," including "highly toxic," "toxic," "irritant," "sensitizer," "corrosive," (as defined under Section 1910.1200 of Title 29 of the Code of Federal Regulations) and other hazardous chemicals that cause an adverse effect to a target organ and which effect usually occurs rapidly as a result of short-term exposure and is of short duration;

(B) "Delayed (chronic) health hazard," including "carcinogens" (as defined under Section 1910.1200 of Title 29 of the Code of Federal Regulations) and other hazardous chemicals that cause an adverse effect to a target organ and which effect generally occurs as a result of long-term exposure and is of long duration;

(C) "Fire hazard," including "flammable," "combustible liquid," "pyrophoric" and "oxidizer" (as defined under Section 1910.1200 of Title 29 of the Code of Federal Regulations);

(D) "Sudden release of pressure," including "explosive" and "compressed gas" (as defined under Section 1910.1200 of Title 29 of the Code of Federal Regulations); and

(E) "Reactive," including "unstable reactive," "organic peroxide" and "water reactive" (as defined under Section 1910.1200 of Title 29 of the Code of Federal Regulations).

(14) Hazardous chemical-any hazardous chemical as defined under Section 1910.1200(c) of Title 29 of the Code of Federal Regulations, that term does not include the following substances:

(A) Any food, food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration;

(B) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use;

(C) Any substance to the extent it is used for personal, family or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public;

(D) Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual; or

(E) Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.

(15) Hazardous Substance-any extremely hazardous substance listed in 40 CFR part 355; any hazardous chemical as defined in section (14); any pesticide for which a registration has been canceled or suspended under the provisions of section 263.300, RSMo, or the federal Insecticide, Fungicide and Rodenticide Act of 1972 ( P.L. 92-516 ).

(16) Local Emergency Planning Committee (LEPC) chair-that person elected by the membership of the LEPC to call and chair LEPC meetings, to assign tasks, to develop LEPC subcommittees and to oversee the functioning of the LEPC. The LEPC chair and LEPC coordinator may be the same person.

(17) LEPC coordinator-a staff person, usually from local government, a regional planning council or a volunteer that maintains the day-to-day operations of the LEPC. Duties might include information management, facility compliance activities, hazardous materials planning, fund management, providing the functions of the community emergency coordinator and various other duties necessary for an LEPC to function. The LEPC coordinator and LEPC chair may be the same person.

(18) LEPC or committee-the people appointed by the MERC for a local emergency planning district for the purpose of improving hazardous chemical safety and preparedness.

(19) Local Emergency Planning District (LEPD) or district-a geographical area in Missouri designated by MERC for the purpose of hazardous chemical safety and planning.

(20) Local gas distribution system-a gas distribution system regulated by the Public Service Commission (PSC) that provides natural gas to the end use consumers of that gas. It does not include any pipeline, feeder line or transmission line, as defined by the PSC, that transports natural gas to other distribution systems or to other persons for subsequent distribution.

(21) Local government-any county, township, municipal corporation, school district or other governmental body of equivalent rank.

(22) Material Safety Data Sheet (MSDS)- the sheet required to be developed under Section 1910.1200(g) of Title 29 of the Code of Federal Regulations.

(23) Missouri Emergency Response Commission (MERC) or commission-The commission established under section 292.602, RSMo.

(24) Missouri Tier Two Form (see 11 CSR 10-11.240 )-the emergency and hazardous chemical inventory form developed by the MERC.

(25) Person-any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the state or federal government or any other legal entity which is recognized by law as the subject of rights and duties.

(26) Petroleum retail facility-a facility where more than fifty percent (50%) of the hazardous material revenues are from the retail sale and delivery of gasoline, diesel fuel and propane to the general public at the facility.

(27) Petroleum-related employer-the person, firm or corporation earns more than fifty percent (50%) of its hazardous chemical revenues from the sale, delivery or transport of petroleum products.

(28) Release-any threatened or real emission, discharge, spillage, leakage, pumping, pouring, emptying or dumping of a substance into or onto the land, air or waters of the state unless done in compliance with the conditions of a federal or state permit, unless the substance is confined and is expected to stay confined to property owned, leased or otherwise controlled by the person having control over the substance or unless, in the case of pesticides, application is done in accordance with the product label.

(29) Threshold planning quantity-is the quantity of an extremely hazardous substance established by the administrator under 40 CFR part 355 for emergency planning purposes.

(30) Transportation fee-a fee paid to the United States Department of Transportation under Section 117A(h) of the Hazardous Materials Transportation Act ( P.L. 101-615 ).

(31) Waters of the state-all rivers, streams, lakes and other bodies of surface and subsurface water lying within or forming a part of the boundaries of the state which are not entirely confined and located completely upon lands owned, leased or otherwise controlled by a single person or by two (2) or more persons jointly or as tenants in common and include waters of the United States lying within the state.

Notes

11 CSR 10-11.220

AUTHORITY: section 292.613, RSMo 2000. This rule previously filed as 11 CSR 404.020. This rule also filed as 10 CSR 242.010. Original rule filed Nov. 30, 1983, effective April 12, 1984. Emergency amendment filed Dec. 2, 1992, effective Jan. 1, 1993, expired April 30, 1993. Amended: Filed Oct. 5, 1992, effective April 8, 1993. Amended: Filed Nov. 5, 1993, effective June 6, 1994. Changed to 11 CSR 10-11.220. Amended: Filed Dec. 19, 2001, effective June 30, 2002.

*Original authority: 292.613, RSMo 1988, amended 1993, 1995.