25507
. (a) Except as provided in this article, a business shall
establish and implement a business plan for emergency response to a
release or threatened release of a hazardous material in accordance
with the standards prescribed in the regulations adopted pursuant to
Section 25503 if the business meets any of the following conditions
at any unified program facility:
(1) (A) It handles a hazardous material or a mixture containing a
hazardous material that has a quantity at any one time during the
reporting year that is equal to, or greater than, 55 gallons for
materials that are liquids, 500 pounds for solids, or 200 cubic feet
for compressed gas, as defined in subdivision (i) of Section 25501.
The physical state and quantity present of mixtures shall be
determined by the physical state of the mixture as a whole, not
individual components, at standard temperature and pressure.
(B) For the purpose of this section, for compressed gases, if a
hazardous material or mixture is determined to exceed threshold
quantities at standard temperature and pressure, it shall be reported
in the physical state at which it is stored. If the material is an
extremely hazardous substance, as defined in Section 355.61 of Title
40 of the Code of Federal Regulations, all amounts shall be reported
in pounds.
(2) It is required to submit chemical inventory information
pursuant to Section 11022 of Title 42 of the United States Code.
(3) It handles at any one time during the reporting year an amount
of a hazardous material that is equal to, or greater than the
threshold planning quantity, under both of the following conditions:
(A) The hazardous material is an extremely hazardous substance, as
defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.
(B) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing with
Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code
of Federal Regulations is less than 500 pounds.
(4) (A) It handles at any one time during the reporting year a
total weight of 5,000 pounds for solids or a total volume of 550
gallons for liquids, if the hazardous material is a solid or liquid
substance that is classified as a hazard for purposes of Section 5194
of Title 8 of the California Code of Regulations solely as an
irritant or sensitizer, except as provided in subparagraph (B).
(B) If the hazardous material handled by the facility is a paint
that will be recycled or otherwise managed under an architectural
paint recovery program approved by the Department of Resources
Recycling and Recovery pursuant to Chapter 5 (commencing with Section
48700) of Part 7 of Division 30 of the Public Resources Code, the
business is required to establish and implement a business plan only
if the business handles at any one time during the reporting year a
total weight of 10,000 pounds of solid hazardous materials or a total
volume of 1,000 gallons of liquid hazardous materials.
(5) It handles at any one time during the reporting year
cryogenic, refrigerated, or compressed gas in a quantity of 1,000
cubic feet or more at standard temperature and pressure, if the gas
is any of the following:
(A) Classified as a hazard for the purposes of Section 5194 of
Title 8 of the California Code of Regulations only for hazards due to
simple asphyxiation or the release of pressure.
(B) Oxygen, nitrogen, and nitrous oxide ordinarily maintained by a
physician, dentist, podiatrist, veterinarian, pharmacist, or
emergency medical service provider at his or her place of business.
(C) Carbon dioxide.
(D) Nonflammable refrigerant gases, as defined in the California
Fire Code, that are used in refrigeration systems.
(E) Gases used in closed fire suppression systems.
(6) It handles a radioactive material at any one time during the
reporting year in quantities for which an emergency plan is required
to be considered pursuant to Schedule C (Section 30.72) of Part 30
(commencing with Section 30.1), Part 40 (commencing with Section
40.1), or Part 70 (commencing with Section 70.1), of Chapter 1 of
Title 10 of the Code of Federal Regulations, or pursuant to any
regulations adopted by the state in accordance with those
regulations.
(7) It handles perchlorate material, as defined in subdivision (c)
of Section 25210.5, in a quantity at any one time during the
reporting year that is equal to, or greater than, the thresholds
listed in paragraph (1).
(b) The following hazardous materials are exempt from the
requirements of this section:
(1) Refrigerant gases, other than ammonia or flammable gas in a
closed cooling system, that are used for comfort or space cooling for
computer rooms.
(2) Compressed air in cylinders, bottles, and tanks used by fire
departments and other emergency response organizations for the
purpose of emergency response and safety.
(3) (A) Lubricating oil, if the total volume of each type of
lubricating oil handled at a facility does not exceed 55 gallons and
the total volume of all types of lubricating oil handled at that
facility does not exceed 275 gallons, at any one time.
(B) For purposes of this paragraph, "lubricating oil" means oil
intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
(4) Both of the following, if the aggregate storage capacity of
oil at the facility is less than 1,320 gallons and a spill prevention
control and countermeasure plan is not required pursuant to Part 112
(commencing with Section 112.1) of Subchapter D of Chapter I of
Title 40 of the Code of Federal Regulations.
(A) Fluid in a hydraulic system.
(B) Oil-filled electrical equipment that is not contiguous to an
electric facility.
(5) Hazardous material contained solely in a consumer product,
handled at, and found in, a retail establishment and intended for
sale to, and for the use by, the public. The exemption provided for
in this paragraph shall not apply to a consumer product handled at
the facility which manufactures that product, or a separate warehouse
or distribution center of that facility, or where a product is
dispensed on the retail premises.
(6) Propane that is for on-premises use, storage, or both, in an
amount not to exceed 500 gallons, that is for the sole purpose of
cooking, heating employee work areas, and heating water within that
facility, unless the unified program agency finds, and provides
notice to the business handling the propane, that the handling of the
on-premises propane requires the submission of a business plan, or
any portion of a business plan, in response to public health, safety,
or environmental concerns.
(c) In addition to the authority specified in subdivision (e), the
governing body of the unified program agency may, in exceptional
circumstances, following notice and public hearing, exempt a
hazardous material specified in subdivision (n) of Section 25501 from
Section 25506, if it is found that the hazardous material would not
pose a present or potential danger to the environment or to human
health and safety if the hazardous material was released into the
environment. The unified program agency shall send a notice to the
office and the secretary within 15 days from the effective date of
any exemption granted pursuant to this subdivision.
(d) The unified program agency, upon application by a handler, may
exempt the handler, under conditions that the unified program agency
determines to be proper, from any portion of the requirements to
establish and maintain a business plan, upon a written finding that
the exemption would not pose a significant present or potential
hazard to human health or safety or to the environment, or affect the
ability of the unified program agency and emergency response
personnel to effectively respond to the release of a hazardous
material, and that there are unusual circumstances justifying the
exemption. The unified program agency shall specify in writing the
basis for any exemption under this subdivision.
(e) The unified program agency, upon application by a handler, may
exempt a hazardous material from the inventory provisions of this
article upon proof that the material does not pose a significant
present or potential hazard to human health and safety or to the
environment if released into the workplace or environment. The
unified program agency shall specify in writing the basis for any
exemption under this subdivision.
(f) The unified program agency shall adopt procedures to provide
for public input when approving applications submitted pursuant to
subdivisions (d) and (e).