SECTION F-2302 DEFINITIONS

Certified hazardous materials response team: A team of individuals who are certified and organized by a Pennsylvania State agency, a local agency, a regional hazardous materials organization, a transporter, a manufacturer, a supplier, a user of hazardous materials, a volunteer service organization or private contractor, for the primary purpose of providing emergency services to mitigate actual or potential immediate threats to public health and the environment in response to the release or threat of a release of a hazardous material, which is certified, trained and equipped in accordance with the HazMat Act or regulations promulgated pursuant thereto.

Extremely hazardous substance: A substance appearing on the list of extremely hazardous substances published by the administrator of the Federal Environmental Protection Agency under the authority of Section 302 of the Federal Emergency Planning and Community Right to Know Act of 1986, Title III of the Superfund Amendment and Reauthorization Act of 1986 (SARA Title III) -- (Public Law 99-499, 42 U.S.C. Section 11002), as set forth in 40 Code of Federal Regulations (CFR) part 355 (Appendix A -- The List of Extremely Hazardous Substances and Their Threshold Planning Quantities) or appearing on any successor list of extremely hazardous substances published by the Administrator of the Federal Environmental Protection Agency under the authority of Section 302 of SARA Title III.

Hazardous chemical: A hazardous chemical as defined by 29 Code of Federal Regulations (CFR) 1910.1200(c), except that the term does not include the following:

1. Any food, food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration.

2. Any substance present as a solid in any manufactured item to the extent that exposure to the substance does not occur under the normal conditions of use.

3. Any substance to the extent that it is used for personal, family or household purposes or is present in the same form and concentration as a product packaged for distribution to and use by the general public.
4. Any substance to the extent that it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual.

5. Any substance to the extent that it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate consumer.

Hazardous materials: Those chemicals or substances which are physical hazards or health hazards as defined and classified in this chapter, whether the materials are in a usable or waste condition. Hazardous materials shall also include any of the following as defined in the HazMat Act or regulations promulgated thereto:

1. A hazardous substance.

2. An extremely hazardous substance.

3. A hazardous chemical.

4. A toxic chemical.

Hazardous substance: A substance appearing on the list of hazardous substances prepared under Section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 (P.L 96-510, 94 Stat. 2767) as set forth in 40 CFR Part 30 (Table 302.4 -- List of Hazardous Substances and Reportable Quantities) or appearing on any successor list of hazardous substances prepared under Section 102 of CERCLA.

Refinery:[28] A plant in which flammable or combustible liquids are produced on a commercial scale from crude petroleum, natural gasoline or other hydrocarbon sources.

Regulated facility: All buildings, structures and other stationery items which are located on a single site or on a contiguous or adjacent site and which are owned or operated by the same person and which actually manufacture, produce, use, transfer, store, supply or distribute any hazardous material and which are subject to the requirements of Section 303 of SARA Title III. The term includes railroad yards and truck terminals but does not include individual trucks, rolling stock, water vessels, airplanes or other transportation vehicles.

Release: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment of a hazardous material, including, but not limited to, the abandonment or discarding of barrels, containers and other receptacles containing a hazardous material.

Reportable quantity: The quantity of a hazardous material stated on the various lists of hazardous substances and extremely hazardous substances as defined in this section, the release of which has been deemed to constitute a substantial danger to the public health or welfare or environment and is therefore designated as the threshold quantity necessitating reports of releases pursuant to Section 102 of CERCLA and the HazMat Act.

F-2313.6 Underground tanks: Underground tanks utilized for the storage of hazardous materials shall be located and protected in accordance with this code for the storage of the material stored. Secondary containment shall be provided for all new installations of underground tanks.

Exception: Secondary containment as defined by this code shall not be required where the tank is a dual wall tank equipped with electro-mechanical leak detection monitoring of the interstitial space connected to visual or audible alarms.