§ 450-8.010. Applicability.

(a)

This chapter shall apply to stationary sources except that:

(b)

The following are exempt from the provisions of this chapter except Sections 450-8.016(c) and (e), and 450-8.018(f) and (g):

(1)

Storage tanks containing a nonregulated substance, except for storage tanks that contain a material that has a flashpoint above one hundred forty-one degrees Fahrenheit and below two hundred degrees Fahrenheit in accordance with the definition of combustible liquid in 49 CFR 173.120(b);

(2)

Drum storage of: (A) a nonregulated substance; (B) less than ten thousand pounds of a hazard category B material located such that the drums could reasonably be expected to be involved in a single release; and (C) a hazard category A material, located such that the drums could reasonably be expected to be involved in a single release, at less than the quantity specified as the threshold planning quantity on the extremely hazardous substances list (Appendix A to 40 CFR Chapter I, Subchapter J, Part 355, as amended from time to time) or five hundred pounds, whichever is less;

(3)

Activities in process plant laboratories or laboratories that are under the supervision of a technically qualified individual as defined in Section 720.3(ee) of 40 CFR. This exemption does not apply to specialty chemical production; manufacture, processing or use of substances in pilot plant scale operations; and activities conducted outside the laboratory;

(4)

Utilities, except for fuel gas and natural gas systems to the battery limits of a process unit; and

(5)

Any waste tanks, containers or other devices subject to the federal and state hazardous waste laws, including the Resource Conservation and Recovery Act (RCRA), 40 CFR Chapter I, Subchapter I, commencing with Part 260, the California Hazardous Waste Control Law, California Health and Safety Code, commencing with Section 25100 and the California Code of Regulations, Title 22 Division 4.5 Environmental Health Standards for the Management of Hazardous Waste.

(Ords. 2006-22 § 3; 98-48 § 2)