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I allege the pressure and temperature of the 200 cubic feet ' as required by H& S Code § 25503.5(a)2 . 2 The tanks in question have a volume far less than 200 cubic feet so that, without knowing 3 whether the plaintiff is claiming that liquid Carbon Dioxide is a gas and at what temperature and 4 pressure the 200 cubic feet is measured,the defendants cannot file a verified answer. 5 COMPLAINT FAILS TO STATE A CAUSE OF ACTION 6 If the plaintiff claims over 500 pounds of Carbon dioxide or over 55 gallons of Carbon 7 Dioxide (but it must choose one or the other) the complaint will require an answer. 8 If it alleges 200 cubic feet and specifies that it considers Carbon Dioxide as a gas at a 9 specified temperature and pressure, it still will not have stated a cause of action. 10 Even if listed as a hazardous substance, Carbon Dioxide is not a hazardous substance giving 11 rise to a safety plan requirement unless it meets the threshold established by H & S Code § 6382' 12 which requires that "as present" at the defendants' business, exposure to it will cause risk to human 13 health. 14 Since Carbon Dioxide is at atmospheric pressure a ubiquitous and harmless gas (a room full 15 of people.produces large quantities by respiration), an allegation that the defendants handled 200 16 cubic feet at room temperature and pressure must be accompanied by an allegation that as "present" 17 at the defendants' business locations (of perhaps 50,000 cubic feet) the resulting concentration, 18 0.004, (far less than in a human lung during exhalation) is a risk to human health. 19 Any allegation based on 200 cubic feet of Carbon Dioxide without further specification and 20 without alleging that that quantity as present at the defendants' place of business constitutes a risk 21 22 'Compressed Carbon Dioxide is a liquid. 23) "Any business, except as provided in subdivision (b) and (c), that handles a hazardous 24 material or a mixture containing a hazardous material that has a quantity at any one time during the reporting year equal to,or greater than,a total weight of 500 pounds, or a total volume of 55 gallons, 25 or 200 cubic feet at standard temperature and pressure for compressed gas". H & S Cd. §25503.5(a). 26 "'A substance, mixture, or product shall not be considered hazardous to the extent that the 27 hazardous substancerp esent is in a physical state, volume or concentration for which there is no valid and substantial evidence that any adverse acute or chronic risk to human health may occur from 28 exposure." H& S Cd. § 6382. Points and Authorities in Support of Special Danurrer - 3 -