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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-24</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-26</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Committee on Environmental Safety and Toxic Materials (Assembly Members Connolly (Chair), Ellis (Vice Chair), Lee, and McKinnor)</ns0:AuthorText>
<ns0:Authors>
<ns0:Committee>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Committee on Environmental Safety and Toxic Materials</ns0:Name>
<ns0:Members>Assembly Members Connolly (Chair), Ellis (Vice Chair), Lee, and McKinnor</ns0:Members>
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<ns0:Title>An act to amend Sections 25123.5, 25270.2, 25270.4.5, 25270.6, 25270.8, 25288, 25290.1, and 25507 of the Health and Safety Code, relating to hazardous materials. </ns0:Title>
<ns0:RelatingClause>hazardous materials</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Hazardous materials: storage tanks.</ns0:Subject>
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<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials.
</html:p>
<html:p>Existing law prohibits an owner or operator of a storage facility, treatment facility, transfer facility, resource recovery facility, or disposal site from accepting, treating, storing, or disposing of a hazardous waste at the facility, area, or site, unless the owner or operator holds a hazardous waste facilities permit, as provided. For purposes of the hazardous waste laws, “treatment” means any method, technique, or process that is not otherwise excluded from the definition pursuant to these laws and that is designed to change the physical, chemical, or biological character or composition of any hazardous waste or any material contained therein, or
that removes or reduces its harmful properties or characteristics for any purpose. Existing law excludes from that definition of “treatment” specified activities.</html:p>
<html:p>This bill would exclude from that definition of “treatment” the compaction of hazardous waste under specified conditions, including requiring that the waste being compacted is not a liquid, as described, or a solid that meets the ignitability or reactivity characteristic, as defined, and does not alter the physical, chemical or biological character or composition of the waste, other than the reduction in volume of the waste, increase in density, or changes in shape or form.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Aboveground Petroleum Storage Act (the act) generally regulates aboveground storage tanks that contain petroleum and that meet certain requirements. The act requires its provisions to be implemented by a unified program agency, as provided, and requires the Office of the State Fire Marshal to adopt regulations implementing these provisions. A knowing violation of specified provisions of the act after reasonable notice of the violation is a crime.
</html:p>
<html:p>The act specifically excludes from the definition of an “aboveground storage tank” for purposes of the act oil-filled electrical equipment if the oil-filled electrical equipment meets specified conditions. The act further excludes from that definition a tank in an underground area that has the capacity to store less than 55 gallons of petroleum, has secondary containment, and is inspected monthly, if a specified condition is met. For purposes of the act, a “tank in an underground area” means a
stationary storage tank that meets specified criteria and, among other things, the structure in which the storage tank is located, at a minimum, provides for secondary containment, as provided. For purposes of this definition, a shop-fabricated double-walled storage tank with a mechanical or electronic device used to detect leaks in the interstitial space meets the requirement for secondary containment of the contents of the tank.</html:p>
<html:p>This bill would revise the exemption for oil-filled electrical equipment by clarifying that it applies if the single piece of equipment meets those conditions. The bill would revise the exemption for a tank in an underground area that has the capacity to store less than 55 gallons of petroleum by requiring the tank to have secondary containment of the contents of the tank, associated piping, and ancillary equipment, until cleanup occurs, and if the tank, piping, and ancillary equipment are inspected monthly. To the extent that the revisions to these exemptions would impose a higher level of service on local agencies, the bill would impose a state-mandated local program.</html:p>
<html:p>The act further requires each owner or operator of a tank facility to immediately, upon discovery, notify the Office of Emergency Services and the unified program agency of the occurrence of a spill or other release of petroleum, as specified, that is required to be reported pursuant to specified water control laws imposing water discharge notice requirements. Existing water control laws exempt a discharge in compliance with waste discharge requirements or other water control laws from that notification requirement. </html:p>
<html:p>This bill would instead
make that notification requirement applicable to a release of any petroleum into or upon any waters of the state. The bill would make the exemption pursuant to the water control laws applicable to that notification requirement. By expanding the scope of a crime, the bill would impose a state-mandated local program.</html:p>
<html:p> This bill would also make clarifying changes to the act.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing law provides for the regulation of underground storage tanks by the State Water Resources Control Board and the unified program agency. Existing law defines an “underground storage tank” for these purposes. Existing law requires the interstitial space of the underground storage tank to be maintained under constant vacuum or pressure such that a breach in the primary or secondary containment is detected before the liquid or vapor phase of the hazardous substance stored in the underground storage tank is released into the
environment.
</html:p>
<html:p>This bill would make that requirement applicable to the interstitial space of the underground storage tank beneath the surface of the ground.</html:p>
<html:p>Existing law requires a local agency to inspect every underground tank system within its jurisdiction at least once every year. Existing law requires a local agency to prepare a compliance report detailing the inspection and to send a copy of this report to the permitholder and the owner or operator, if the owner or operator is not the permitholder. Existing law requires, within 60 days after receiving a compliance report or special inspection report, the permitholder to file with the local agency a plan to implement all recommendations contained in the compliance report or to demonstrate, to the satisfaction of the local agency, why these recommendations should not be implemented.</html:p>
<html:p>This bill would instead require the permitholder to return to compliance within 30 days after receiving a compliance report or special inspection report and would eliminate the option to file a plan to implement all recommendations. The bill would authorize the local agency to approve a plan to return to compliance in excess of 30 days, as long as the plan to return to compliance is received by the local agency within 30 calendar days of the permitholder receiving the compliance report or special inspection report.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Existing law requires a business to establish and implement a business plan for emergency response to a release or threatened release of a hazardous material in accordance with prescribed standards if the business meets specified conditions at any unified program facility, including, among other conditions, if the business 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.
</html:p>
<html:p>This bill would provide that the above provision does not apply to specified gasses, including oxygen, nitrogen, or nitrous oxide, as provided.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for specified reasons.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 25123.5 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Num>25123.5.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subdivisions (b) and (c), “treatment” means any method, technique, or process that is not otherwise excluded from the definition of treatment by this chapter and that is designed to change the physical, chemical, or biological character or composition of any hazardous waste or any material contained in the hazardous waste, or that removes or reduces its harmful properties or characteristics for any purpose.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Treatment” does not include any of the activities listed in paragraph (2), if one of the following requirements is met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The activity is conducted onsite in accordance
with this chapter and the department’s regulations adopted pursuant to this chapter governing the generation and accumulation of hazardous waste.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The activity is conducted in accordance with the conditions specified in a permit issued by the department for the storage of hazardous waste.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The activities subject to the exemption specified in paragraph (1) include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Sieving or filtering liquid hazardous waste to remove solid fractions, without added heat, chemicals, or pressure, as the waste is added to or removed from a storage or accumulation tank or container. For purposes of this subparagraph, sieving or filtering does not include adsorption, reverse osmosis, or ultrafiltration.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Phase separation of hazardous waste during storage or accumulation in tanks or containers, if the separation is unaided by the addition of heat or chemicals. If the phase separation occurs at a commercial offsite permitted storage facility, all phases of the hazardous waste shall be managed as hazardous waste after separation.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Combining two or more waste streams that are not incompatible into a single tank or container if both of the following conditions apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The waste streams are being combined solely for the purpose of consolidated accumulation or storage or consolidated offsite shipment, and they are not being combined to meet a fuel specification or to otherwise be chemically or physically prepared to
be treated, burned for energy value, or incinerated.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The combined waste stream is managed in compliance with the most stringent of the regulatory requirements applicable to each individual waste stream.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Evaporation of water from hazardous wastes in tanks or containers, such as breathing and evaporation through vents and floating roofs, without the addition of pressure, chemicals, or heat other than sunlight or ambient room lighting or heating.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Compaction of hazardous waste, which may include the compaction of nonliquid waste materials, such as used
personal protective equipment, absorbent pads, wipes, and similar solid materials, if all of the following conditions apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The waste being compacted is not a liquid, as defined by the SW-846 Method 9095B Paint Filter Liquids Test, or a solid that meets the ignitability characteristic, as defined in Section 66261.21 of Title 22 of the California Code of Regulations, or the reactivity characteristic, as defined in Section 66261.23 of Title 22 of the California Code of Regulations.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The compaction does not alter the physical, chemical, or biological
character or composition of the waste, other than the reduction in volume of the
waste, increase in density, or changes in shape or form.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The compaction does not result in the production of fugitive dust, fire, or explosion.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
This subparagraph applies to the compaction of nonliquid waste materials, such as used personal protective equipment, absorbent pads, wipes, and similar solid materials, when the compaction meets criteria described in subclauses (I) through (III), inclusive, of clause (i).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision does not apply to any activity for which a hazardous waste facilities permit for treatment is required under the federal act.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Treatment” does not include the combination of glutaraldehyde
or orthophthalaldehyde, which is used by medical facilities to disinfect medical devices, with formulations containing glycine as the sole active chemical, if the process is carried out onsite.
</html:p>
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<ns0:BillSection id="id_6A300F2B-6E61-400C-A59D-403146E53714">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 25270.2 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Num>25270.2.</ns0:Num>
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<html:p>For purposes of this chapter, the following definitions apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Aboveground storage tank” or “storage tank” means a tank or container that has the capacity to store 55 gallons or more of petroleum that is substantially or totally above the surface of the ground, except that, for purposes of this chapter, “aboveground storage tank” or “storage tank” includes a tank in an underground area. “Aboveground storage tank” does not include any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A pressure vessel or boiler that is subject to Part 6 (commencing with Section 7620) of Division 5 of the Labor Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A tank containing hazardous waste or extremely hazardous waste, as respectively defined in Sections 25117 and 25115, if the owner or operator of the storage tank has a hazardous waste facilities permit from the Department of Toxic Substances Control or a permit by rule authorization from the unified program agency for the storage tank.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An aboveground oil production tank that is subject to Section 3106 of the Public Resources Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Oil-filled electrical equipment, including, but not limited to, transformers, circuit breakers, or capacitors, if the single piece of equipment meets either of the following conditions:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The equipment contains less than 10,000 gallons of dielectric
fluid.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The equipment contains 10,000 gallons or more of dielectric fluid with PCB levels less than 50 parts per million, appropriate containment or diversionary structures or equipment are employed to prevent discharged oil from reaching a navigable water course, and the electrical equipment is visually inspected in accordance with the usual routine maintenance procedures of the owner or operator.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A tank regulated as an underground storage tank under Chapter 6.7 (commencing with Section 25280) of this division and Chapter 16 (commencing with Section 2610) of Division 3 of Title 23 of the California Code of Regulations and that does not meet the definition of a tank in an underground area.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A transportation-related tank facility, subject to the authority and control of the United States Department of Transportation, as defined in the Memorandum of Understanding between the Secretary of Transportation and the Administrator of the United States Environmental Protection Agency, as set forth in Appendix A to Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A tank or tank facility located on and operated by a farm that is exempt from the federal spill prevention, control, and countermeasure rule requirements pursuant to Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A tank in an underground area that has the capacity
to store less than 55 gallons of petroleum, has secondary
containment of the contents of the tank, associated piping, and ancillary equipment, until cleanup occurs, and the tank, piping, and ancillary equipment are inspected monthly, if the owner or operator maintains a log of inspection records for review by the unified program agency upon request.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Board” means the State Water Resources Control Board.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Certified unified program agency” or “CUPA” means the agency certified by the Secretary for Environmental Protection to implement the unified program specified in Chapter 6.11 (commencing with Section 25404) within a jurisdiction.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Participating agency” or “PA” means an agency that has a written agreement with the CUPA pursuant to
subdivision (d) of Section 25404.3, and is approved by the secretary, to implement and enforce the unified program element specified in paragraph (2) of subdivision (c) of Section 25404, in accordance with Sections 25404.1 and 25404.2.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Unified program agency” or “UPA” means the CUPA, or its participating agencies to the extent that each PA has been designated by the CUPA, pursuant to a written agreement, to implement and enforce the unified program element specified in paragraph (2) of subdivision (c) of Section 25404. The UPAs have the responsibility and authority, to the extent provided by this chapter and Sections 25404.1 to 25404.2, inclusive, to implement and enforce the requirements of this chapter.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
After a CUPA has been certified by the
secretary, the unified program agency shall be the only agency authorized to enforce the requirements of this chapter.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This paragraph does not limit the authority or responsibility granted to the office, the board, and the regional boards by this chapter.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Office” means the Office of the State Fire Marshal.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Operator” means the person responsible for the overall operation of a tank facility.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Owner” means the person who owns the tank facility or part of the tank facility.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Person” means an individual, trust, firm, joint stock company, corporation, including a government
corporation, partnership, limited liability company, or association. “Person” also includes any city, county, district, the University of California, the California State University, the state, any department or agency
thereof, and the United States, to the extent authorized by federal law.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Petroleum” means crude oil, or a fraction thereof, that is liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per square inch absolute pressure.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Regional board” means a California regional water quality control board.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, leaching, or disposing into the environment.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
“Secretary” means the Secretary for Environmental Protection.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
“Storage” or “store” means the containment,
handling, or treatment of petroleum, for a period of time, including on a temporary basis.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
“Storage capacity” means the aggregate capacity of all aboveground storage tanks at a tank facility.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
“Tank facility” means one or more aboveground storage tanks, including any piping that is integral to the tanks, that contain petroleum and that are used by an owner or operator at a single location or site. For purposes of this chapter, a pipe is integrally related to an aboveground storage tank if the pipe is connected to the tank and meets any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The pipe is within the dike or containment area.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The pipe is between the containment area
and the first flange or valve outside the containment area.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The pipe is connected to the first flange or valve on the
exterior of the tank, if state or federal law does not require a containment area.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The pipe is connected to a tank in an underground area.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Tank in an underground area” means a stationary storage tank to which all of the following apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The storage tank is located in a structure that is at least 10 percent below the ground surface, including, but not limited to, a basement, cellar, shaft, pit, or vault.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The structure in which the storage tank is located, at a minimum, provides for secondary containment of the contents of the tank, piping, and ancillary equipment, until cleanup occurs.
A shop-fabricated double-walled storage tank with a mechanical or electronic device used to detect leaks in the interstitial space meets the requirement for secondary containment of the contents of the tank.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The storage tank meets one or more of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The storage tank contains petroleum to be used or previously used as a lubricant or coolant in a motor engine or transmission, oil-filled operational equipment, or oil-filled manufacturing equipment, is situated on or above the surface of the floor, and the structure in which the tank is located provides enough space for direct viewing of the exterior of the tank except for the part of the tank in contact with the surface of the floor.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The storage tank only contains petroleum that is determined to be a hazardous waste, complies with the hazardous waste tank standards pursuant to Article 10 (commencing with Section 66265.190) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations as it may be amended, and the tank
facility has been issued a unified program facility permit pursuant to Section 25404.2 for generation, treatment, accumulation, or storage of hazardous waste.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The storage tank contains petroleum and is used solely in connection with a fire pump or an emergency system, legally required standby system, or optional standby system as defined in the most recent version of the California Electrical Code (Section 700.2 of Article 700, Section 701.2 of Article 701, and Section 702.2 of Article 702, of Chapter 7 of Part 3 of Title 24 of the California Code of Regulations), is situated on or above the surface of the floor, and the structure in which the tank is located provides enough space for direct viewing of the exterior of the tank except for the part of the tank in contact with the surface of the floor.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The storage tank does not meet the conditions in clause (i), (ii), or (iii), but meets all of the following conditions:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
It contains petroleum.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
It is situated on or above the surface of the floor.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The structure in which the storage tank is located provides enough space for direct viewing of the exterior of the tank, except for the part of the tank in contact with the surface of the floor.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Except for an emergency vent that is solely designed to relieve excessive internal pressure, all piping connected to the tank, including any portion of a vent line, vapor recovery line, or fill pipe that
is beneath the surface of the ground, and all ancillary equipment that is designed and constructed to contain petroleum, can either be visually inspected by direct viewing or has both secondary containment and leak detection that meet the requirements of the regulations adopted by the office pursuant to Section 25270.4.1.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Direct viewing of the exterior of the tank is not required under paragraph (1) if inspections of the interstitial space or containment structure are performed or if the storage tank has a mechanical or electronic device that will detect leaks in the interstitial space or containment structure and alert the tank operator.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A storage tank in an underground area is not subject to Chapter 6.7 (commencing with Section 25280) if the
storage tank meets the definition of a tank in an underground area, as provided in paragraph (1) and, except as specified in subparagraph (B), the regulations that apply to all new and existing tanks in underground areas and buried piping connected to tanks in underground areas have been adopted by the office pursuant to Section 25270.4.1.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A storage tank meeting the description of clause (i) of subparagraph (C) of paragraph (1) shall continue to be subject to this chapter, and excluded from the definition of an underground storage tank in Chapter 6.7 (commencing with Section 25280), before and after the date the regulations specific to tanks in underground areas have been adopted by the office.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
“Viewing” means visual inspection, and “direct viewing” means, in regard to a
storage tank, direct visual inspection of the exterior of the tank, except for the part of the tank in contact with the surface of the floor, and, where applicable, the entire length of all piping and ancillary equipment, including all exterior surfaces, by a person or through the use of visual aids, including, but not limited to, mirrors, cameras, or video equipment.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_8F25F838-CC78-436D-8017-021C929D434E">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 25270.4.5 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5DE91498-20AA-4E53-87E6-3C45C42F5374">
<ns0:Num>25270.4.5.</ns0:Num>
<ns0:LawSectionVersion id="id_A8EA6B6B-1048-4206-8BC1-7E3100A16A49">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subdivision (b), the owner or operator of a storage tank at a tank facility subject to this chapter shall prepare a spill prevention control and countermeasure plan applying good engineering practices to prevent petroleum releases using the same format required by Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations, including owners and operators of tank facilities not subject to the general provisions in Section 112.1 of those regulations. An owner or operator specified in this subdivision shall conduct periodic inspections of the storage tank to ensure compliance with Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of
the Code of Federal Regulations. In implementing the spill prevention control and countermeasure plan, an owner or operator specified in this subdivision shall fully comply with the latest version of the regulations contained in Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A tank facility located on and operated by a farm, nursery, logging site, or construction site is not subject to subdivision (a) if no storage tank at the location exceeds 20,000 gallons of petroleum and the cumulative petroleum storage capacity of the tank facility does not exceed 100,000 gallons. Unless excluded from the definition of an “aboveground storage tank” in Section 25270.2, the owner or operator of a tank facility exempt pursuant to this subdivision shall take the following
actions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Conduct a daily visual inspection of any storage tank storing petroleum. For purposes of this section, “daily” means every day that contents are added to or withdrawn from the tank, but no less than five days per week. The number of days may be reduced by the number of state or federal holidays that occur during the week if there is no addition to, or withdrawal from, the tank on the holiday. The UPA may reduce the frequency of inspections to not less than once every three days at a tank facility that is exempt pursuant to this section if the tank facility is not staffed on a regular basis, provided that the inspection is performed every day the tank facility is staffed.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Allow the UPA to conduct a periodic inspection of the tank facility.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the UPA determines installation of secondary containment is necessary for the protection of the waters of the state, install a secondary means of containment for each tank or group of tanks where the secondary containment will, at a minimum, contain the entire contents of the largest tank protected by the secondary containment plus precipitation.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The owner or operator of a tank in an underground area that is subject to this chapter pursuant to subdivision (c) of Section 25270.3 may use the format adopted by the office to prepare a spill prevention control and countermeasure plan as specified in subdivision (a).
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_EE4E7491-215B-4706-9782-06851E2AB6BE">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'20.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.67.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'25270.6.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 25270.6 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_4F1989EF-2A80-4F84-93B6-A5A06B4E243A">
<ns0:Num>25270.6.</ns0:Num>
<ns0:LawSectionVersion id="id_F7DF71FF-6D9D-4CAA-AD9F-B3ABCC13EE6A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before January 1, annually, each owner or operator of a tank facility subject to this chapter shall file with the statewide information management system, a tank facility statement that shall identify the name and address of the tank facility, a contact person for the tank facility, the total petroleum storage capacity of the tank facility, and the location and contents of each petroleum storage tank that exceeds 10,000 gallons in storage capacity. A copy of a statement submitted previously pursuant to this section may be submitted in lieu of a new tank facility statement if no new or used storage tanks have been added to the tank facility or if no significant modifications have been
made. For purposes of this section, a significant modification includes, but is not limited to, altering existing storage tanks or changing spill prevention or containment methods.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), an owner or operator of a tank facility that submits a business plan, as defined in subdivision (d) of Section 25501, to the statewide information management system and that complies with Sections 25503, 25505, 25505.1, 25507, 25507.2, 25508, 25508.1, and 25508.2, satisfies the requirement in paragraph (1) to file a tank facility statement.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Each owner or operator of a tank facility who is subject to the requirements of subdivision (a) shall annually pay a fee to the UPA, on or before a date specified by the UPA. The governing body of the UPA shall
establish a fee, as part of the single fee system implemented pursuant to Section 25404.5, at a level sufficient to pay the necessary and reasonable costs incurred by the UPA in administering this chapter, including, but not limited to, inspections, enforcement, and administrative costs. The UPA shall also implement the fee accountability program established pursuant to subdivision (c) of Section 25404.5 and the regulations adopted to implement that program.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9FC0A98A-90BD-47FF-91D2-DFAF7FEC77BC">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'20.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.67.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'25270.8.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 25270.8 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_4A6AFF7E-AD17-4228-9AA6-A64A2AA1E959">
<ns0:Num>25270.8.</ns0:Num>
<ns0:LawSectionVersion id="id_9C42B0C3-CF48-45D6-9E20-CF0F9324EC46">
<ns0:Content>
<html:p>Except as provided in subdivision (b) of Section 13272 of the Water Code, each owner or operator of a tank facility shall immediately, upon discovery, notify the Office of Emergency Services and the UPA using the appropriate 24-hour emergency number or the 911 number, as established by the UPA, or by the governing body of the UPA, of the occurrence of a release of any petroleum into or upon any waters of the state pursuant to subdivision (a) of Section 13272 of the Water Code.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5D695794-9551-4981-A6DA-CD0A92583267">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'20.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'25288.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 25288 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_9F0712EE-F7EE-4CF8-A1AB-F171EF1E6528">
<ns0:Num>25288.</ns0:Num>
<ns0:LawSectionVersion id="id_964E2ECD-79A5-49D9-8FEB-A2CB80A7614D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The local agency shall inspect every underground tank system within its jurisdiction at least once every year. The purpose of the inspection is to determine whether the tank system complies with the applicable requirements of this chapter and the regulations adopted by the board pursuant to Section 25299.3, including the design and construction standards of Section 25290.1, 25290.2, 25291, or 25292, whichever is applicable, whether the owner or operator has monitored and tested the tank system as required by the permit, and whether the tank system is in a safe operating condition.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
After an inspection conducted pursuant to subdivision (a), the local agency shall prepare a compliance report detailing the inspection and shall send a copy of this report to
the permitholder and the owner or operator, if the owner or operator is not the permitholder. Any report prepared pursuant to this section shall be consolidated into any other inspection reports required pursuant to Chapter 6.11 (commencing with Section 25404), the requirements listed in subdivision (c) of Section 25404, and the regulations adopted to implement the requirements listed in subdivision (c) of Section 25404.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In lieu of the annual local agency inspections, the local agency may require the permitholder to employ a special inspector to conduct the annual inspection. The local agency shall supply the permitholder with a list of at least three special inspectors that are qualified to conduct the inspection. The permitholder shall employ a special inspector from the list provided by the local agency. The special inspector’s authority shall be the same as that of the local agency as set forth in subdivision (a).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), the permitholder shall return to compliance within 30 days after receiving a compliance report or special inspection report prepared in accordance with subdivision (b) or
(c), respectively.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), the local agency may approve a plan to return to compliance in excess of 30 days, as long as the plan to return to compliance is received by the local agency within 30 calendar days of the permitholder receiving the compliance report or special inspection report prepared in accordance with subdivision (b) or (c), respectively.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any corrective action conducted pursuant to the recommendations in the report shall be taken pursuant to Sections 25296.10 and
25299.36.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_992A9F64-4DE0-4FA9-9323-8E5704017FF1">
<ns0:Num>SEC. 7.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'20.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'25290.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 25290.1 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_FB399C7F-07F9-4991-847B-9475EE5E491B">
<ns0:Num>25290.1.</ns0:Num>
<ns0:LawSectionVersion id="id_9C9BB758-8B4C-4FE0-86E1-9CE099A2D025">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding subdivision (o) of Section 25281, for purposes of this section, “product tight” means impervious to the liquid and vapor of the substance that is contained, or is to be contained, so as to prevent the seepage of the substance from the containment.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding Sections 25290.2 and 25291, every underground storage tank installed on or after July 1, 2004, shall meet the requirements of this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The underground storage tank shall be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in it in accordance with the following
performance standards:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Primary containment shall be constructed, operated, and maintained product tight and compatible with the stored product.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Secondary containment shall be constructed, operated, and maintained product tight. The secondary containment shall also be constructed, operated, and maintained in a manner to prevent structural weakening as a result of contact with any hazardous substances released from the primary containment, and also shall be capable of storing the hazardous substances for the maximum anticipated period of time necessary for the recovery of any released hazardous substance.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Secondary containment shall be constructed, operated, and maintained to prevent any water intrusion into the
system by precipitation, infiltration, or surface runoff.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In the case of an installation with one primary tank, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary tank.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
In the case of multiple primary tanks, the secondary containment shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the aggregate internal volume of all primary tanks, whichever is greater.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The underground tank system shall be designed and constructed with a continuous monitoring system capable of detecting the entry of the liquid- or vapor-phase of the hazardous substance stored in the primary containment into the
secondary containment and capable of detecting water intrusion into the secondary containment.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The interstitial space of the underground storage tank beneath the surface of the ground shall be maintained under constant vacuum or pressure such that a breach in the primary or secondary containment is detected before the liquid or vapor phase of the hazardous substance stored in the underground storage tank is released into the environment. The use of interstitial liquid level measurement methods satisfies the requirements of this subdivision.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The underground storage tank shall be provided with equipment to prevent spills and overfills from the primary tank.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If different substances are stored in the same tank and
in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container, those substances shall be separated in both the primary and secondary containment so as to avoid potential intermixing.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Underground pressurized piping that conveys a hazardous substance shall be equipped with an automatic line leak detector.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Before the underground storage tank is covered, enclosed, or placed in use, the standard installation testing requirements for underground storage systems specified in Section 2.4 of the Flammable and Combustible Liquids Code, adopted by the National Fire Protection Association (NFPA 30), as amended and published in the respective edition of the Uniform Fire Code, shall be
followed.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Before the underground storage tank is placed in use, the underground storage tank shall be tested after installation using one of the following methods to demonstrate that the tank is product tight:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Enhanced leak detection.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An inert gas pressure test that has been certified by a third party and approved by the board.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A test method deemed equivalent to enhanced leak detection or an inert gas pressure test by the board in regulations adopted pursuant to this chapter. An underground storage tank installed and tested in accordance with this subdivision is exempt from the requirements of Section 25292.5.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Notwithstanding Section 25281.5, for any system installed to meet the requirements of this section, those portions of vent lines, vapor recovery lines, and fill pipes that are beneath the surface of the ground are “pipe” as the term is defined in subdivision (m) of Section 25281, and therefore part of the underground storage tank system.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_2A5BB4C5-4D48-4FF9-8AEC-745B3CED8C99">
<ns0:Num>SEC. 8.</ns0:Num>
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Section 25507 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E94F5258-482D-4237-8C7A-6F1542CBCFFB">
<ns0:Num>25507.</ns0:Num>
<ns0:LawSectionVersion id="id_5018C954-B5C1-4ABB-9793-5A7CE71608D0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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. 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. This subparagraph does not apply to a gas that is described in paragraph (5).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
It is required to submit chemical inventory information pursuant to Section 11022 of Title 42 of the United States Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The hazardous material is an extremely hazardous substance, as defined in Section 355.61 of Title 40 of the Code of Federal Regulations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the hazardous material handled by the facility is a paint that will be recycled or otherwise managed under a paint product 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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Oxygen, nitrogen, or nitrous oxide ordinarily maintained by a physician, dentist, podiatrist, veterinarian, pharmacist, or emergency medical service provider at their place of business.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Carbon dioxide or carbon dioxide mixed with simple asphyxiation gases that are classified as a hazard for purposes of Section 5194 of Title 8 of the California Code of Regulations.
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<html:p>
(D)
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A nonflammable refrigerant gas, as defined in the California Fire Code, that is used in a refrigeration system.
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<html:p>
(E)
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A gas that is used in a closed fire suppression system.
</html:p>
<html:p>
(6)
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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 I of Title 10 of the Code of Federal
Regulations, or pursuant to any regulations adopted by the state in accordance with these federal regulations.
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<html:p>
(7)
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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).
</html:p>
<html:p>
(8)
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(A)
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It handles a combustible metal or metal alloy that is defined as a pyrophoric or water-reactive material in the California Fire Code, in any quantity in raw stock, scrap, or powder form at any time during the reporting year.
</html:p>
<html:p>
(B)
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It handles a combustible metal or metal alloy that is defined as a combustible dust, flammable solid, or magnesium in the California
Fire Code, in a quantity in raw stock, scrap, or powder form at any one time during the reporting year that is equal to, or greater than, 100 pounds.
</html:p>
<html:p>
(C)
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It handles a combustible metal or metal alloy that poses an explosive potential, when in molten form, in a quantity at any one time during the reporting year that is equal to, or greater than, 500 pounds.
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<html:p>
(b)
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The following hazardous materials are exempt from the requirements of this section:
</html:p>
<html:p>
(1)
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Refrigerant gases, other than ammonia or flammable gas in a closed cooling system, that are used for comfort cooling for occupancies or space cooling for computer rooms.
</html:p>
<html:p>
(2)
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Compressed air in cylinders, bottles, and
tanks used by fire departments and other emergency response organizations for the purpose of emergency response and safety.
</html:p>
<html:p>
(3)
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(A)
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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.
</html:p>
<html:p>
(B)
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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.
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<html:p>
(4)
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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:
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<html:p>
(A)
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Fluid in a hydraulic system.
</html:p>
<html:p>
(B)
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Oil-filled electrical equipment that is not contiguous to an electric facility.
</html:p>
<html:p>
(5)
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(A)
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A hazardous material that meets the definition of a consumer product and is handled at, and found in, a retail establishment and intended for direct sale to the end user.
</html:p>
<html:p>
(B)
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The exemption provided for in subparagraph (A) shall not apply to either of the following:
</html:p>
<html:p>
(i)
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A consumer product handled at a facility that manufactures that product, or a separate warehouse or distribution center where there are no direct sales to consumers, or where a product is dispensed on the retail premises.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A consumer product sold at a retail establishment that has a National Fire Protection Association or “NFPA” or Hazardous Materials Identification System or “HMIS” rating of 3 or 4 and is stored, at any time, in quantities equal to, or greater than, 165 gallons for a liquid, 600 cubic feet for a gas, and 1,500 pounds for a solid. If a unified program agency determines that a consumer product
stored at a retail establishment is stored at or above a reportable threshold listed in subdivision (a), and poses a significant potential hazard, the unified program agency may require the product to be reported in accordance with this chapter.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Liquid or gaseous fuel in fuel tanks on vehicles or
motorized equipment. For purposes of this section, the fuel tank shall be integral to the operation of the vehicle or motorized equipment.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Treated wood and treated wood waste, unless the requirement that the facility submit chemical inventory information pursuant to Section 11022 of Title 42 of the United States Code applies. For the purposes of this section, the definition of “treated wood” set forth in subdivision (c) of Section 25230.1 applies. For the purposes of this section, the definition of “treated wood waste” set forth in subdivision (d) of Section 25230.1 applies. Treated wood or treated wood waste that would otherwise be subject to the requirements of this section pursuant to subparagraph (B) of paragraph (5), is exempt if it satisfies the requirements of this paragraph.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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 from Section 25506 a hazardous material, as defined in subdivision (n) of Section 25501, if the unified program agency finds 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 secretary within 15 days from the effective date of any exemption granted pursuant to this subdivision.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A 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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A 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 or 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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A unified program agency shall adopt procedures to provide for public input when approving applications submitted pursuant to subdivisions (d) and (e).
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_84B459E8-7E85-4CD5-8395-D5B37E91AC34">
<ns0:Num>SEC. 9.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
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</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>