HEPCRA Hazardous Chemical Storage and Tier II Reporting

Regulations:
EPCRA §311/312, HRS §128E-6(2)(A)-(C), HRS §128E-9, HAR §11-453-25 to §11-453-30, HAR §11-453-32

EPA List of Lists:
Sec. 302 (EHS) TPQ and 10,000 pound TPQ for OSHA Hazardous Chemicals

Who must provide information:
Those who store above the TPQ

Information to provide:

  • List of MSDS Chemicals and Hazard Categories for each
  • Hawai‘i Chemical Inventory Form (HCIF)/Tier II and Site Map
  • Filing Fee - $200 per facility (due to HSERC with HCIF)

To whom information is submitted:
HSERC, LEPC, Fire Department

When to submit information:
Due annually by March 1 for preceding calendar year inventory

What facilities must report?

Any facility required under Occupational Safety and Health Administration (OSHA) regulations to maintain material safety data sheets (MSDSs) for hazardous chemicals stored or used in the work place. Facilities with chemicals in quantities that equal or exceed the following thresholds must report:

  • All hazardous substances, except for extremely hazardous substances, present at the facility in amounts not less than 10,000 pounds;
  • All extremely hazardous substances (EHSs), in amounts not less than 500 pounds, or the threshold planning quantity (TPQ), whichever is less;
  • For gasoline (all grades combined) at a retail gas station, the threshold level is 75,000 gallons (or approximately 283,900 liters), if the tank(s) was stored entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements.
  • For diesel fuel (all grades combined) at a retail gas station, the threshold level is 100,000 gallons (or approximately 378,500 liters), if the tank(s) was stored entirely underground and the tank(s) was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements.
  • For all other hazardous chemicals, 10,000 pounds
  • The minimum threshold for reporting in response to requests for submission of a material safety data sheet or a tier II form from the SERC, LEPC, or Fire Department having jurisdiction over the facility shall be zero.

What are extremely hazardous substances and hazardous chemicals?

  • Extremely Hazardous Substances (EHS) are those substances and quantities listed at 40 CFR Part 355, Appendices A and B
  • Hazardous chemicals are any substances for which a facility must maintain a MSDS under the OSHA Hazard Communication Standard, which lists the criteria used to identify a hazardous chemical.

What chemicals are excluded?

  • Any food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration;
  • Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use;
  • Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public;
  • Any substance to the extent it is used in research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual;
  • Any substance to the extent it is used in routine agricultural operation or is a fertilizer held for sale by a retailer to the ultimate customer.

How do I report?

The HEER Office encourages facility operators to use the Tier2Submit software package developed by the EPA and the National Oceanographic and Atmospheric Administration (NOAA) to create an electronic version of your data.

Electronic versions (.pdf and .t2s) from the Tier2Submit program and payment may be submitted online through the HI DOH ePermitting System.

Although electronic submissions are preferred, a hard copy of your Tier II information will be accepted as in the past. Mail hardcopy and checks to:

State of Hawaii
Department of Health
Hazard Evaluation and Emergency Response (HEER) Office
ATTN: HEPCRA Data Manager
2385 Waimano Home Road #100
Pearl City, HI 96782

The Hawai‘i Chemical Inventory Form (HCIF)/Tier II Information Package for Operators or State facilities below include:
Contact Information for routine inventory and notification to HSERC, LEPCs, Fire Departments and National Response Center,
Format for written follow-up notification,
Reporting Form and instructions for annual EPCRA inventories,
Instructions for using ePermitting, and
A Chemical Inventory Form (Tier II).

When are facilities required to report?

An owner or operator that is required to report shall submit a HCI/Tier II Form before March 1 of each year for the previous reporting year. For example, HCIFs for the reporting year January 1, 2010 through December 31, 2010 must be submitted by March 1, 2011.

Who do I report to?

The HCI/Tier 2 Form shall be submitted annually to the HEER Office, your LEPC, and the Fire Department having jurisdiction over the facility.

Is there a filing fee?

The fee is $200.00 per facility and is made payable to the State of Hawai‘i HEER Office. The filing fees are deposited into an account within the Environmental Response Revolving Fund for further disbursement to the LEPC accounts.