Terms Used In Hawaii Revised Statutes > Chapter 342B - Air Pollution Control

• Administrator: means the administrator of the United States Environmental Protection Agency. See Hawaii Revised Statutes 342B-1
• Affiliated: means businesses or persons who have contractual arrangements with, or are subject to the control of, the pharmacy benefit manager. See Hawaii Revised Statutes 487J-1
• Agency: means any agency, board, commission, department, or officer of a county government or the state government, including the authority as defined in part II. See Hawaii Revised Statutes 205A-1
• Air pollution: means the presence in the outdoor air of substances in quantities and for durations which may endanger human health or welfare, plant or animal life, or property or which may unreasonably interfere with the comfortable enjoyment of life and property throughout the State and in such areas of the State as are affected thereby, but excludes all aspects of employer-employee relationships as to health and safety hazards. See Hawaii Revised Statutes 342B-1
• Allegation: something that someone says happened.
• Ambient air: means the general outdoor atmosphere. See Hawaii Revised Statutes 342B-1
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Attorney general: means the attorney general of the State of Hawaii. See Hawaii Revised Statutes 486P-1
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Brand family: means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers, including but not limited to "menthol" "lights" "kings" and "100s" and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. See Hawaii Revised Statutes 486P-1
• Business: means a sole proprietorship, partnership, limited partnership, corporation, limited liability company, association, or any other form of business entity. See Hawaii Revised Statutes 487J-1
• Business: means a sole proprietorship, partnership, corporation, association, or other group, however organized, and whether or not organized to operate at a profit. See Hawaii Revised Statutes 487N-1
• Business day: means any calendar day on which the health club is open for inspection and use by the buyer, except Saturdays, Sundays, and state or federal holidays. See Hawaii Revised Statutes 486N-1
• Buyer: means a natural person who enters into a health club contract. See Hawaii Revised Statutes 486N-1
• cigarette: includes "roll-your-own" (i. See Hawaii Revised Statutes 486P-1
• Clean Air Act: means the federal Clean Air Act of 1963 as amended (42 United States Code § 7401 et seq. See Hawaii Revised Statutes 342B-1
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Compliance plan: means a plan which includes a description of how a source proposes to comply with all applicable requirements pursuant to this chapter and includes a schedule of compliance and a schedule under which the permittee will submit progress reports to the department no less frequently than every six months. See Hawaii Revised Statutes 342B-1
• Content: means information, other than login information, that is contained in a protected personal online account, accessible to the account holder, and not publicly available. See Hawaii Revised Statutes 487G-2
• Contract price: means the price for the purchase of a membership in a health club or for services offered by a health club or for use of the facilities of a health club. See Hawaii Revised Statutes 486N-1
• Council: means the information privacy and security council established under section 487N-5. See Hawaii Revised Statutes 487N-1
• Council: means the compliance advisory council. See Hawaii Revised Statutes 342B-1
• Covered source: means :

  (1) Any major source;

  (2) Any source subject to a standard of performance for new stationary sources as established by the director pursuant to this chapter;

  (3) Any source subject to an emissions standard for hazardous air pollutants as established by the director pursuant to this chapter;

  (4) Any source subject to the rules for the prevention of significant deterioration of air quality as established by the director pursuant to this chapter; and

  (5) Any source in a source category designated by the director. See Hawaii Revised Statutes 342B-1

• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the planning department of the counties of Kauai, Maui, and Hawaii and the department of planning and permitting of the city and county of Honolulu, or other appropriate agency as designated by the county councils. See Hawaii Revised Statutes 205A-41
• Department: means the department of health. See Hawaii Revised Statutes 342B-1
• Director: means the director of health. See Hawaii Revised Statutes 342B-1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Educational institution: includes :

  (1) A public or private institution; and

  (2) An agent or designee of the educational institution. See Hawaii Revised Statutes 487G-2

• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 487G-2
• Emission: means the act of releasing or discharging air pollutants into the ambient air from any source. See Hawaii Revised Statutes 342B-1
• Employee: includes :

  (1) A prospective employee who has:

  (A) Expressed to the employer an interest in being an employee; or

  (B) Applied for or is applying for employment by, or is being recruited for employment by, the employer; and

  (2) An independent contractor. See Hawaii Revised Statutes 487G-2

• Employee benefit plan: means any plan as defined in title 29 United States Code § 1002(3), as amended. See Hawaii Revised Statutes 487J-1
• Employer: includes an agent or designee of the employer. See Hawaii Revised Statutes 487G-2
• encrypted: means the use of an algorithmic process to transform data into a form in which the data is rendered unreadable or unusable without the use of a confidential process or key. See Hawaii Revised Statutes 487N-1
• EPA: means the United States Environmental Protection Agency. See Hawaii Revised Statutes 342B-1
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. ^{Source: OCC}
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fugitive dust: means uncontrolled emission of solid airborne particulate matter from any source other than combustion. See Hawaii Revised Statutes 342B-1
• Fugitive emissions: means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. See Hawaii Revised Statutes 342B-1
• Government agency: means any department, division, board, commission, public corporation, or other agency or instrumentality of the State or of any county. See Hawaii Revised Statutes 487J-1
• Government agency: means any department, division, board, commission, public corporation, or other agency or instrumentality of the State or of any county. See Hawaii Revised Statutes 487N-1
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hazardous air pollutant: means those hazardous air pollutants listed in section 112 (b) of the Clean Air Act, as amended, 42 United States Code § 7412(b), and any other hazardous air pollutant designated by rules. See Hawaii Revised Statutes 342B-1
• Health club: means any person operating a business organized for profit, offering facilities or services for the maintenance or development of physical fitness or well-being through physical exercise. See Hawaii Revised Statutes 486N-1
• Health club contract: means a contract for membership in a health club, or for services offered by a health club, or for use of facilities of a health club, for a period longer than seven days. See Hawaii Revised Statutes 486N-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Land: means the earth, water, and air above, below, or on the surface. See Hawaii Revised Statutes 205A-1
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Login information: means a username and password, password, or other means or credentials of authentication required to access or control:

  (1) A protected personal online account; or

  (2) An electronic device, which the employee's employer or the student's educational institution has not supplied or paid for in full, that itself provides access to or control over the account. See Hawaii Revised Statutes 487G-2

• Login requirement: means a requirement that login information be provided before a protected personal online account or electronic device can be accessed or controlled. See Hawaii Revised Statutes 487G-2
• Major source: means any stationary source, or any group of stationary sources that are located on one or more contiguous properties, and are under common control, belonging to a single major industrial grouping and that emits or has the potential to emit, considering controls:

  (1) Any hazardous air pollutant, except radionuclides, in the aggregate of ten tons per year or more, twenty-five tons per year or more of any combination, or such lesser quantity as the director may establish by rule;

  (2) One hundred tons per year or more of any regulated air pollutant, including fugitive emissions of any such regulated air pollutant as the director may establish by rule; and

  (3) For radionuclides, "major source" shall have the meaning specified by the director by rule. See Hawaii Revised Statutes 342B-1

• Marine: means ocean and ocean-related resources. See Hawaii Revised Statutes 205A-61
• Marketing: means making a communication about a product or service that encourages a recipient of the communication to purchase or use the product or service. See Hawaii Revised Statutes 487J-1
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Nonparticipating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See Hawaii Revised Statutes 486P-1
• Online: means accessible by means of a computer network or the Internet. See Hawaii Revised Statutes 487G-2
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner or operator: means any person who owns, leases, operates, controls, or supervises a stationary source. See Hawaii Revised Statutes 342B-1
• Participating manufacturer: has the meaning given that term in section II(jj) of the Master Settlement Agreement and all amendments thereto. See Hawaii Revised Statutes 486P-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party: means each person named as party or properly entitled to be a party in any court or agency proceeding. See Hawaii Revised Statutes 342B-1
• Permit: means written authorization from the director to construct, modify, relocate, or operate any regulated air pollutant source. See Hawaii Revised Statutes 342B-1
• Permit program: means the program established pursuant to part III of this chapter. See Hawaii Revised Statutes 342B-1
• Person: means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity. See Hawaii Revised Statutes 487G-2
• Person: means any individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, political subdivision of the State, or, to the extent they are subject to this chapter, the United States or any interstate body. See Hawaii Revised Statutes 342B-1
• Personal information: means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:

  (1) Social security number;

  (2) Driver's license number or Hawaii identification card number; or

  (3) Account number, credit or debit card number, access code, or password that would permit access to an individual's financial account. See Hawaii Revised Statutes 487N-1

• Pharmacy benefit manager: means any person, business, or entity that performs pharmacy benefit management, including but not limited to a person or entity under contract with a pharmacy benefit manager to perform pharmacy benefit management on behalf of a managed care company, nonprofit hospital or medical service organization, insurance company, third-party payor, or health program administered by the State. See Hawaii Revised Statutes 487J-1
• Plan: means the Hawaii ocean resources management plan, created and approved by the Hawaii ocean and marine resources council, as amended by the lead agency. See Hawaii Revised Statutes 205A-61
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Protected personal online account: means any online account maintained by an employee or a student, including social media or electronic mail accounts, that is protected by a login requirement. See Hawaii Revised Statutes 487G-2
• Publicly available: means available to the general public. See Hawaii Revised Statutes 487G-2
• Quorum: The number of legislators that must be present to do business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 487G-2
• Records: means any material on which written, drawn, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics. See Hawaii Revised Statutes 487N-1
• Redacted: means the rendering of data so that it is unreadable or is truncated so that no more than the last four digits of the identification number are accessible as part of the data. See Hawaii Revised Statutes 487J-1
• Regulated air pollutant: means :

  (1) Nitrogen oxides or any volatile organic compound;

  (2) Any air pollutant for which a national or state ambient air quality standard has been adopted; and

  (3) Any air pollutant that is established by rule pursuant to this chapter pertaining to standards of performance for new stationary sources and emissions standards for hazardous air pollutants. See Hawaii Revised Statutes 342B-1

• scanning: means to access the machine-readable zone of an individual's Hawaii identification card or driver's license with an electronic device capable of deciphering, in an electronically readable format, information electronically encoded on an individual's Hawaii identification card or driver's license. See Hawaii Revised Statutes 487J-1
• Security breach: means an incident of unauthorized access to and acquisition of unencrypted or unredacted records or data containing personal information where illegal use of the personal information has occurred, or is reasonably likely to occur and that creates a risk of harm to a person. See Hawaii Revised Statutes 487N-1
• Service of process: The service of writs or summonses to the appropriate party.
• Shoreline: means the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves. See Hawaii Revised Statutes 205A-1
• Small business ombudsman: means the small business ombudsman for air pollution control established pursuant to section 342B-63. See Hawaii Revised Statutes 342B-1
• Small business stationary source: means a stationary source that:

  (1) Is owned or operated by a person that employs one hundred or fewer individuals;

  (2) Is independently owned and operated and not dominant in its field or as otherwise defined by the federal Small Business Act (42 United States Code § 631 et seq. See Hawaii Revised Statutes 342B-1

• Source: means any property, real or personal, which emits or may emit any air pollutant. See Hawaii Revised Statutes 342B-1
• Specifically identified content: means data or information stored in a protected personal online account that is identified with sufficient particularity to distinguish the discrete individual pieces of content being sought from a substantial percentage of other data or information stored in the account with which it may share similar characteristics. See Hawaii Revised Statutes 487G-2
• State: means a state of the United States, the District of Columbia, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 487G-2
• Stationary source: means any piece of equipment or any activity at a building, structure, facility, or installation that emits or may emit any air pollutant. See Hawaii Revised Statutes 342B-1
• Statute: A law passed by a legislature.
• Student: includes :

  (1) A prospective student who expresses to the institution an interest in being admitted to, applies for admission to, or is being recruited for admission by, the educational institution; and

  (2) A parent or legal guardian of a student under the age of eighteen years. See Hawaii Revised Statutes 487G-2

• Subpoena: A command to a witness to appear and give testimony.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Tobacco product manufacturer: means any person that is a "tobacco product manufacturer" as defined in § 675-2. See Hawaii Revised Statutes 486P-1
• Variance: means special written authorization from the director to cause or emit any regulated air pollutant in a manner or in an amount in excess of applicable standards, or to do an act that deviates from the requirements of rules or standards adopted pursuant to this chapter. See Hawaii Revised Statutes 342B-1