Sec. 29.35.590. Definitions.

515 words·~2 min read·/ak/title-29/chapter-35/29-35-590

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In AS 29.35.500 — 29.35.590,

(1)“acute hazardous waste” means a waste listed by the administrator or the Environmental Protection Agency in accordance with the criteria in 40 C.F.R. 261.11(a)(2);

(2)“extremely hazardous substance” means a substance listed in 40 C.F.R. Part 355, Appendix A and B;

(3)“handles” includes disposes of, generates, processes, stores, treats, transships, and uses hazardous chemicals, materials, or wastes, but does not include the handling of hazardous chemicals, hazardous materials, or hazardous wastes while they are in transit and before they reach the final destination indicated on the shipping paper accompanying the shipment, except while they are at a transshipment facility; in this paragraph, “shipping paper” has the meaning given in 49 C.F.R. 171.8;

(4)“hazard class” means the class of a hazardous material defined in 49 C.F.R. 173;

(5)“hazardous chemical” has the meaning given in 29 C.F.R. 1910.1200(c) except that it does not include

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

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

(C)a 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)a 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)a 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;

(6)“hazardous material” means a material or substance, as defined in 49 C.F.R. 171.8, and any other substance determined by the Alaska State Emergency Response Commission in regulations to pose a significant health and safety hazard; “hazardous material” does not include food, drugs, alcoholic beverages, cosmetics, tobacco, or tobacco products intended for personal consumption;

(7)“hazardous waste” means

(A)a hazardous waste as defined in AS 46.03.900 ;

(B)a hazardous waste as identified by the Environmental Protection Agency under 40 C.F.R. 261; and

(C)any other hazardous waste defined by the Alaska State Emergency Response Commission in regulations;

(8)“quantity” means the total amount of a material or waste handled at a time and includes the aggregate of a material or waste that is divided among multiple containers;

(9)“threshold planning quantity” means the quantity listed in the column “threshold planning quantity” for a substance listed in 40 C.F.R. Part 355, Appendix A and B;

(10)“transshipment facility” means a building, dock, yard or other structure or area at which hazardous chemicals, hazardous materials, or hazardous wastes are held, or transferred from one vehicle, vessel, or container to another, for the purpose of reshipment within seven days after arriving at the facility, if regularly holding or transferring within that period of time is the principal business of the facility.

Article 9. Port Authorities.