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(b) No employee, representative, or agent of a <br />state or county agency, or persons requested by a <br />state or county agency to engage in any emergency <br />service or response activities involving a hazardous <br />material release at a facility or transportation <br />accident site, shall be liable for the death of or any <br />injury to persons, or the loss of or damage to <br />property, resulting from that hazardous material <br />release, except for any acts or omissions that <br />constitute wilful misconduct. [Eff NOV 0 5 2010 <br />(Auth: HRS §128E-10) (Imp: HRS §128E-10) <br />SUBCHAPTER 4 <br />EMERGENCY PLANNING <br />§11-453-16 Facilities subject to emergency <br />planning requirements. (a) The requirements of this <br />subchapter apply to: <br />(1) Each owner or operator of a facility that <br />stores, uses, or manufactures any hazardous <br />substance and at which there is present an <br />amount of any extremely hazardous substance <br />equal to or in excess of its threshold <br />planning quantity; and <br />(2) Each owner or operator of a facility that <br />has been designated by the commission or the <br />Governor after public notice and opportunity <br />for comment. <br />(b) For purposes of this subchapter, an amount of <br />any extremely hazardous substance means the total <br />amount of an extremely hazardous substance present at <br />any one time at a facility at concentrations greater <br />than one per cent by weight, regardless of location, <br />number of containers, or method of storage. Methods <br />for calculation of quantities are described in section <br />11-453-18. [Eff NOV 0 52C3 ] (Auth: HRS <br />§§128E-6, 128E-7, 128E-13) (Imp: HRS §§128E-6, 128E- <br />7, 128E-13) <br />0,9 <br />453-13 <br />