Header:
CALIFORNIA CODE OF REGULATIONS
TITLE 19. PUBLIC SAFETY
DIVISION 2. CALIFORNIA EMERGENCY MANAGEMENT AGENCY
CHAPTER 4.5. CALIFORNIA ACCIDENTAL RELEASE PREVENTION (CALARP) PROGRAM DETAILED ANALYSIS
ARTICLE 1. GENERAL
Date:
08/31/2009
Document:
19 CCR 2735.5 (2011)
ยง 2735.5. General Requirements
(a) Coordination. The owner or operator of a stationary source shall closely coordinate with the AA to implement the requirements of this chapter and to determine the appropriate level of documentation required for an RMP to comply with Sections 2745.3 through 2745.9 of this chapter. This requirement shall not preclude public access to RMP information. Classified information need not be included in the RMP but shall be made available to the AA to the extent allowable by law. Trade secrets are protected pursuant to Section 25538 of HSC.
(b) General requirements for RMPs.
(1) The owner or operator of a stationary source that is subject to this chapter, pursuant to Section 2735.4, shall submit an RMP which includes all requirements described in Section 2745.3 through Section 2745.9.
(2) The RMP shall include a registration that reflects all covered processes.
(c) Model RMPs may be used by stationary sources if accepted for use by AAs, in consultation with Cal EMA. Model RMPs for a process that has in excess of a threshold quantity of a regulated substance listed in Table 1 or 2 of Section 2770.5 must also be recognized by USEPA. Cal EMA may limit the use, application, or scope of these models.
(d) Program 1 requirements. In addition to meeting the requirements of section (b), the owner or operator of a stationary source with a process eligible for Program 1, as provided in Section 2735.4(c) shall:
(1) Analyze the worst-case release scenario for the process(es), as provided in Section 2750.3; document that the nearest public receptor is beyond the distance to a toxic or flammable endpoint defined in Section 2750.2(a); and submit in the RMP the worst-case release scenario as provided in Section 2745.4;
(2) Complete the five-year accident history for the process as provided in Section 2750.9 of this chapter and submit it in the RMP as provided in Section 2745.5;
(3) Ensure that response actions have been coordinated with local emergency planning and response agencies; and,
(4) Certify in the RMP the following: "Based on the criteria in Section 2735.4 of Title 19 of CCR, the distance to the specified endpoint for the worst-case accidental release scenario for the following process(es) is less than the distance to the nearest public receptor: [list process(es)]. Within the past five years, the process(es) has (have) had no accidental release that caused offsite impacts provided in the risk management program Section 2735.4 (c)(1). No additional measures are necessary to prevent offsite impacts from accidental releases. In the event of fire, explosion, or a release of a regulated substance from the process(es), entry within the distance to the specified endpoints may pose a danger to public emergency responders. Therefore, public emergency responders should not enter this area except as arranged with the emergency contact indicated in the RMP. The undersigned certifies that, to the best of my knowledge, information, and belief, formed after reasonable inquiry, the information submitted is true, accurate, and complete. (Signature, title, date signed)."
(e) Program 2 requirements. In addition to meeting the requirements of section (b), the owner or operator of a stationary source with a process subject to Program 2, as provided in Section 2735.4(d), shall:
(1) Develop and implement a management system as provided in Section 2735.6;
(2) Conduct a hazard assessment as provided in Sections 2750.1 through 2750.9;
(3) Implement the Program 2 prevention steps provided in Sections 2755.1 through 2755.7 or implement the Program 3 prevention steps provided Sections 2760.1 through 2760.12;
(4) Develop and implement an emergency response program as provided in Sections 2765.1 to 2765.2; and
(5) Submit as part of the RMP the data on prevention program elements for Program 2 processes as provided in Section 2745.6.
(f) Program 3 requirements. In addition to meeting the requirements of section (b), the owner or operator of a stationary source with a process subject to Program 3, as provided in Section 2735.4(e) shall:
(1) Develop and implement a management system as provided in Section 2735.6;
(2) Conduct a hazard assessment as provided in Sections 2750.1 through 2750.9;
(3) Implement the prevention requirements of Sections 2760.1 through 2760.12;
(4) Develop and implement an emergency response program as provided in Sections 2765.1 to 2765.2; and,
(5) Submit as part of the RMP the data on prevention program elements for Program 3 processes as provided in Section 2745.7.
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