Amend Section 5189(b) to read:
§5189. Process Safety Management of Acutely Hazardous Materials.
(1) These regulations shall apply to a process which involves a chemical at or above the specified threshold quantities listed in Appendix A or a process which involves a flammable liquid or gas as defined in subsection (c).
EXCEPTION: (1) Flammable liquids stored in atmospheric tanks or transferred which are kept below their normal boiling point without benefit of chilling or refrigeration. (2) Hydrocarbon fuels used solely for workplace consumption (e.g. comfort heating propane, gasoline for motor vehicle refueling) if such fuels are not part of a process containing another acutely hazardous chemical covered by section 5189. (3) These regulations do not apply to retail facilities, oil or gas well drilling or servicing operations or normally unoccupied remote facilities.
(2) Explosives manufacturing operations shall comply with the provisions of Article 119 and these orders.
(3) The requirements of subsections (d) and (e) shall become effective within five (5) years according to the following phase-in schedule:
(A) No less than 25 percent shall be completed by August 10, 1994;
(B) No less than 50 percent shall be completed by August 10, 1995;
(C) No less than 75 percent shall be completed by August 10, 1996.
(D) All initial process hazards analyses shall be completed by August 10, 1997.
(4) Subsections (f) through (p) shall become effective on January 4, 1994.
(5) The installation of explosive devices, such as explosive bolts, detonating cords, explosive actuators, squibs, heating pellets and similar small exploding devices into finished products or devices that are not intended to explode and the repackaging of explosives are not considered manufacturing operations and are not covered by Section 5189.
(6) Explosives pre-manufacturing and post-manufacturing research and testing activities listed below are not covered by Section 5189 provided they are conducted in a separate, non-production research or test area or facility, and do not have the potential to cause or contribute to a release or interfere with mitigating the consequences of a catastrophic release from the explosive manufacturing process:
(A) Product testing and analysis which is not a part of any in-production sampling and testing of the explosive manufacturing process;
(B) Chemical and physical property analysis of explosives and propellants and pyrotechnics formulations;
(C) Scale-up research chemical formulations to develop production quantity formulations;
(D) Analysis of age tests conducted on finished products;
(E) Failure analysis tests conducted on pre-manufactured or finished products;
(G) Quality assurance testing (not including the extraction of samples from an active explosive manufacturing production process);
(H) Evaluating environmental effects such as hot, cold, jolt, jumble, drop, vibration, high altitude, salt and fog; and,
(I) Assembly of engineering research and development models.
Note: Authority cited: 142.3,Labor Code. Reference: Section 142.3, Labor Code.