Section 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.[Eff NOV 05 2010] (Auth: HRS §§ 128E-6, 128E-13) (Imp: HRS §§ 128E-6, 128E-13)