If a retail gas station is not fully compliant with applicable Underground Storage (UST) regulations for an underground diesel tank, but is compliant for all gasoline USTs, can it use the 75,000 gallon gasoline UST threshold  when determining if a threshold has been exceeded for EPCRA sections 311 and 312 Material Safety Data Sheet (MSDS) and Tier II inventory reporting requirements? 

To be eligible for the 75,000 gallon threshold for gasoline and the 100,000 gallon threshold for diesel fuel, the entire retail gas station must be in compliance with all applicable UST requirements. If one tank at a retail gas station is out of compliance with UST requirements, then that facility may not apply the new gasoline and diesel thresholds, even if other tanks at the facility are in compliance with the requirements. (40 CFR 370.10(a)(2)(ii) and (iii) and 64 FR 7032; 7039)