Haw. Code R. § 11-453-25 - Facilities subject to hazardous chemical reporting requirements
(a) The requirements of this subchapter apply
to each owner or operator of a facility that is required to prepare or have
available a material safety data sheet (MSDS) for a hazardous chemical under
the Occupational Safety and Health Act of 1970, as amended, title 15 United
States Code section 651 et seq. and regulations promulgated under that Act; and
meets any of the minimum threshold levels described in subsection (b) of this
section.
(b) Except as provided in
paragraph (b)(6) of this section, the minimum threshold levels for reporting
under this subchapter shall be as specified in paragraphs (b)(1) through
(b)(5):
(1) All hazardous substances, except
for extremely hazardous substances, present at the facility in amounts not less
than 10,000 pounds;
(2) All
extremely hazardous substances present at the facility in amounts not less than
500 pounds, or the threshold planning quantity for that substance, whichever is
less. Extremely hazardous substances are described in section 11-453-21(b) of
this chapter. Threshold planning quantities for extremely hazardous substance
are shown in title 40 Code of Federal Regulations part 355, appendices A or B,
as amended. Some extremely hazardous substances-may have two threshold planning
quantities (e.g., lower threshold planning quantity/upper threshold planning
quantity, use the lower of those quantities if it is less than 500);
(3) The minimum threshold for reporting of
gasoline (all grades combined) that was in tank(s) entirely underground, at a
retail gas station that was in compliance at all times during the preceding
calendar year with all applicable underground storage tank requirements (title
40 Code of Federal Regulations part 280 or requirements of the state
underground storage tank program approved by the U.S. Environmental Protection
Agency under title 40 Code of Federal Regulations part 281), is 75,000 gallons
(or approximately 283,900 liters). For purposes of this part, retail gas
station means a retail facility engaged in selling gasoline or diesel fuel
principally to the public, for motor vehicle use on land.
(4) The minimum threshold for reporting of
diesel fuel (all grades combined) that was in tank(s) entirely underground, at
a retail gas station that was in compliance at all times during the preceding
calendar year with all applicable underground storage tank requirements (title
40 Code of Federal Regulations part 280 or requirements of the state
underground storage tank program approved by the U.S. Environmental Protection
Agency under title 40 Code of Federal Regulations part 281), is 100,000 gallons
(or approximately 378,500 liters).
(5) The minimum threshold for reporting of
all other hazardous chemicals is 10,000 pounds (or 4,540 kgs.). Hazardous
chemicals are defined in section 11-453-2.
(6) The minimum threshold for reporting in
response to requests for submission of a material safety data sheet or a tier
II form from the commission or committee or fire department having jurisdiction
over the facility shall be zero.
Notes
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