HARRY HUGHES, Governor                                    2065

to which, in the employer's knowledge, employee exposure is not
significantly greater than that of the consumer in foreseeable
consumer uses of the product;

(2)  An article which is formed to a specific shape or
design during manufacture and has end use function dependent in
whole or in part upon its shape or design during end use and does
not release or otherwise result in exposure to a hazardous
chemical under normal conditions of use; or

(3)  A hazardous chemical being transported or
temporarily stored in a sealed or totally enclosed container and
which is transported in accordance with requirements of the
United States Department of Transportation.

(c) Except as provided in subsections (d) through (g) of
this section and § 32M of this subtitle, §§ 32A through [32N]
32-0 of this subtitle do not apply to analytical, educational, or
research and development laboratories.

(h) Sections 32A through [32N] 32-O of this subtitle do not
apply to:

(1)  Any railroad that is subject to the Federal
Railroad Safety Act of 1970 and the jurisdiction of the Federal
Railroad Administration; or

(2)  Any landfill in the State.

(i) The criminal penalty provisions of § 41(c) of this
subtitle do not apply to §§ 32A through [32N] 32-O, inclusive, of
this subtitle.

32C.

In §§ 32A through [32N] 32-0 of this subtitle, "hazardous
chemical" means any chemical for which there is scientifically
valid evidence that it is:

(1)  Except a mixture having components with flash
points of 200 degrees Fahrenheit, or higher, the total volume of
which make up 99 percent or more of the total volume of the
mixture, a combustible liquid, meaning a liquid which has a flash
point at or above 100 degrees Fahrenheit;

(2)  A compressed gas, meaning:

(i) A gas or a mixture of gases having, in a
container, an absolute pressure exceeding 40 PSI at 70 degrees
Fahrenheit;

(ii) A gas or a mixture of gases having, in a
container, an absolute pressure exceeding 104 PSI at 130 degrees
Fahrenheit, regardless of the pressure at 70 degrees Fahrenheit;
or