More Like Department of Health-Right-to-Know Act

From:  Andrea

Sparked by curiosity about the legal procedure for chemical spills and releases, I have been researching the Hawaii Emergency Planning and Community-Right-to-Know Act.  After days picking apart the details of this Act and  related regulations, I am left to wonder where I may find the “Community-Right-to-Know” aspect.

It seems like it should be called Department of Health-Right-to-Know.  Nowhere in this Act is there a mandate for notifying the public when there is a chemical release or spill.  Facilities that store hazardous and extremely hazardous substances over a threshold amount are bound to report their chemical inventory and releases or spills to the Department.   But, what about notifying the public of this danger?

As discovered by a call to the Hawaii Office of Hazard Evaluation and Emergency Response, the Department of Health is not bound to notify the public.  The Department decides, within its discretion, whether to notify the public through a general statement about a chemical release in the community.

When I started researching this law, I expected to find public notification requirements about what hazardous substances are present in the community and when they are accidentally released.  The only public right-to-know is the ability to request records on particular facilities from the Department of Health.  But, this policy does not truly inform the community because members of the public must know exactly what they are looking for in order to request that information.

If the apparent goal of the Act is the community’s right-to-know about the presence and release of hazardous substances within the community, there should be a provision binding the Department of Health to notify the public.  In other words, the Department should make records on these hazardous substances more accessible to the public, actually informing the community in a meaningful way.

As it stands now, the Hawaii Emergency Planning and Community-Right-to-Know Act requires notifying the Department, but there is an essential step missing in the process:  notifying the public, rather than requiring the public to specifically request information that is not generally public knowledge.  The onus should be on the Department, the information-bearing party, not the public.