Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 6 - HAZARDOUS CHEMICAL REPORTING › Section 11-453-25 - Facilities subject to hazardous chemical reporting requirements

Current through June, 2024
(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.