§128E-6  Reporting requirements.  (a) The owner or operator of a facility in the State that stores, uses, ormanufactures any hazardous substance shall comply with the followingrequirements:

(1)  Each owner or operator of a facility in the Stateshall comply with the emergency planning and notification requirements ofsections 302 and 303 of the Emergency Planning and Community Right-to-Know Actof 1986, 42 United States Code sections 11002 and 11003, if an extremelyhazardous substance is present at the facility in an amount in excess of thethreshold planning quantity established for the substance;

(2)  Each owner or operator of a facility in thisState that is required to prepare or have available a material safety datasheet for a hazardous chemical under the Occupational Safety and Health Act of1970, as amended, 15 United States Code section 651 et seq., and regulationspromulgated under that Act, for:

(A)  All hazardous substances, except forextremely hazardous substances, present at the facility in amounts not lessthan ten thousand pounds; and

(B)  All extremely hazardous substances presentat the facility in amounts not less than five hundred pounds, or the thresholdplanning quantity for that substance, whichever is less,

shall comply withthe following reporting requirements:

(i)  Complete a chemical list by March 1of each year and submit material safety data sheets not more than thirty daysafter a request;

(ii)  Complete the state chemical inventory formby March 1 of each year; provided that a Tier II list shall be used untila state form is available;

(iii)  Submit facility diagrams and location areamaps by March 1 of each year, and update the maps annually as needed; and

(iv)  Submit emergency response plans requiredunder state or federal law.

The documents required in clauses (i) through(iv) shall be submitted by March 1 of each year to the commission, therespective committee, and the respective fire department;

(3)  Each owner or operator of a facility in thisState that is subject to Section 313 of the Emergency Planning and CommunityRight-to-Know Act of 1986, 42 United States Code section 11023, shall complywith the toxic chemical release form requirements of Section 323 of theEmergency Planning and Community Right-to-Know Act of 1986 by July 1 ofeach year; and

(4)  Each owner or operator of a facility in this Statecovered under Section 304 of the Emergency Planning and Community Right-to-KnowAct of 1986, 42 United States Code section 11004, shall comply with the notificationrequirements of Section 304 of the Emergency Planning and CommunityRight-to-Know Act of 1986, and section 128E-7, if a release of an extremelyhazardous substance occurs from the facility.

(b)  The commission shall adopt rules inaccordance with chapter 91 establishing the specific information required onthe state chemical inventory form.  The chemical inventory form shallfacilitate ease in complying with the requirements of [this chapter] byconsolidating the necessary information into one form.  The chemical inventoryform may include, but is not limited to:

(1)  The chemical name;

(2)  Quantity stored on the site;

(3)  Hazardous components;

(4)  Health and physical hazards; and

(5)  Storage information. [L 1993, c 300, pt of§1; am L 2008, c 87, §2]