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(a) Any business which handles compressed gases with an American Conference of Governmental Industrial Hygienists Threshold Limit Value (TLV) of 10 parts per million or less shall report these gases in CERS as part of their chemical inventory, in any quantity, unless the contents are an instrument calibration gas standard at a concentration below the Immediately Dangerous to Life and Health (IDLH) limits of the gas. The business shall prepare a business plan in conformance with Chapter 6.95, and shall submit said plan to the Director through CERS.
(b) Any business which is required to submit a business plan under Chapter 6.95 or under subsection (a) of this section, which handles a material which is a carcinogen or reproductive toxin in quantities not subject to the requirements of Chapter 6.95, shall provide a list in CERS of each such material handled during the previous calendar year.
(1) The list shall be provided on a locally-required form added to CERS by the Director, or equivalent. The form can require information on quantities based on good faith estimates. No other reporting in CERS is required for below-threshold quantities of these substances.
(2) If there are changes to the list, it shall be renewed each calendar year by providing a supplemental report to the Director through CERS which:
(i) Deletes any such material which was not handled during the previous year;
(ii) Provides the information required in subsection (1) above, for any such material used during the previous year which was not included in the list or any previous supplemental listing sheets; and
(iii) Identifies any changes in the quantity handled of such material.
(3) If there are no changes to the list, the business shall notify the Director annually through CERS by including a statement certifying there have been no changes.
(c) Subsection (b) shall not apply to:
(1) Businesses using the following carcinogens: and they shall be exempted from the requirements of Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code for these substances: aflatoxins, alcoholic beverages, betel quid with tobacco, bracken fern, diesel engine exhaust, gasoline engine exhausts, tobacco smoke, aspirin, cocaine, anabolic steroids, oral contraceptives, saccharin, and tobacco.
(2) The following carcinogens: gasoline, crystalline, silica, soots, tars and mineral oil, and residual (heavy) fuel oils. Any business which handles these carcinogens is subject to the requirements of Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code for these substances.
(3) Materials which are (i) used or intended for use for medical or therapeutic purposes, or (ii) contained solely in a consumer product for direct distribution to, and use by, the general public.
(d) For the purpose of this section, a carcinogen and reproductive toxin shall be those listed by the Governor pursuant to Health and Safety Code Section 25249.8.
(Added by Ord. No. 8672 (N.S.), effective 5-23-96; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10680 (N.S.), effective 9-4-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21)