Exemptions

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EXEMPTIONS TO PROGRAM
The provisions of this program do not apply to:

  1. 1.Any hazardous waste as such term is defined by the Solid Waste Disposal Act of 1976, as amended (42 U.S.C. 6901 et seq), when subject to regulations issued under that Act by the Environmental Protection Agency;
  2. Any hazardous substance as such term is defined by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. 9601 et seq) when the hazardous substance is the focus of remedial or removal action being conducted under CERCLA in accordance with the Environmental Protection Agency regulations;
  3. Tobacco or tobacco products;
  4. Wood or wood products (unless treated with a hazardous chemical and which may be subsequently sawed or cut, generating dust);
  5. Food or alcoholic beverages which are sold, used, or prepared in a retail establishment and foods intended for personal use consumption by employees while in the workplace;
  6. Any drug, as that term is defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq) when it is in solid, final form for direct administration to the patient (i.e. tablets or pills); drugs which are packaged by the chemical manufacturer for sale to consumers in a retail establishment; and drugs intended for personal consumption by employees while in the workplace;
  7. Cosmetics which are packaged for sale to consumers in a retail establishment, and cosmetics intended for personal consumption by employees while in the workplace;
  8. Any consumer product or hazardous substance, as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq) respectively, where the employer can show that it is used in the workplace for the purpose intended by the chemical manufacturer or importer of the product, and the use results in a duration and frequency of exposure which is not greater than the range of exposures that could reasonably be experienced by consumers when used for the purposes intended;
  9. Nuisance particles where the chemical manufacturer or importer can establish that they do not pose any physical or health hazard covered under this section;
  10. Ionizing and nonionizing radiation; and
  11. Biological hazards.

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