(a) The requirements of this chapter apply to an owner or operator of a stationary source with more than a threshold quantity of a regulated substance in a process. Regulated substances are listed in three separate tables in Section 5130.6 of this chapter. An owner or operator of a stationary source shall comply with one of the following:
(1) If a stationary source has a process with more than a threshold quantity of a regulated substance as listed in Table 1 or 2 of Section 5130.6, the owner or operator shall comply with the provisions of this chapter pursuant to the time frames identified in Section 5070.1(b);
(2) If a stationary source has a process with more than a threshold quantity of a regulated substance as listed in Table 3 of Section 5130.6, and the UPA makes a determination pursuant to Section 25534 of HSC that an RMP is required, the owner or operator shall comply with the appropriate provisions of this chapter pursuant to the time frame identified in Section 5070.1(d) or (e); or,
(3) If a stationary source has a process with more than a threshold quantity of a regulated substance as listed in Tables 1 or 2 and Table 3 of Section 5130.6, the owner or operator shall comply with the provision of this chapter pursuant to the time frames identified in Section 5070.1(b).
(b) The CalARP program defines four program levels with different levels of requirements depending upon the complexity, accident history, and potential impact of releases of regulated substances.
(c) Program 1 eligibility requirements. A covered process is eligible for Program 1 requirements as provided in Section 5050.5(d) if it meets all of the following requirements:
(1) For the five years prior to the submission of an RMP, the process has not had an accidental release of a regulated substance where exposure to the substance, its reaction products, overpressure generated by an explosion involving the substance, or radiant heat generated by a fire involving the substance has led to any of the following offsite consequences:
(A) Death;
(B) Injury; or,
(C) Response or restoration activities for an exposure of an environmental receptor or a public receptor;
(2) The distance to a toxic or flammable endpoint for a worst-case release assessment conducted under Article 4 of Section 5080.3 is less than the distance to any public receptor, as defined in Section 5050.3(fff) and Section 5080.5; and,
(3) Emergency response procedures have been coordinated between the stationary source and local emergency planning and response organizations.
(d) Program 2 eligibility requirements. A covered process is subject to Program 2 requirements if it does not meet the eligibility requirements of section (c), (e) or (f).
(e) Program 3 eligibility requirements. A covered process is subject to Program 3 if the process does not meet the requirements of section (c), and if any of the following conditions apply:
(1) The process is in NAICS code 322110, 325110, 325180, 325194, 325199, 325211, 325311, or 325320.
(2) The process is subject to the Cal OSHA process safety management standards of Section 5189 of Title 8 of CCR.
(3) The UPA determines that the accident risk posed by the regulated substance in a process above the threshold quantity as listed in Table 3 of Section 5130.6, because of the nature and quantity of the regulated substance involved, requires the additional safety measures afforded by Program 3 requirements, pursuant to section 25534 of HSC.
(f) Program 4 eligibility requirements. A stationary source is subject to Program 4 if it is engaged in activities set forth in NAICS code 324110.
(g) If at any time a covered process no longer meets the eligibility criteria of its Program level, the owner or operator shall comply with the requirements of the new Program level that applies to the process and update the RMP as provided in Section 5070.11.
(h) The provisions of this chapter shall not apply to an Outer Continental Shelf (“OCS”) source, as defined in Section 55.2 of Title 40 of CFR.
Credits
Note: Authority cited: Section 8585, Government Code; and Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585, Government Code; Sections 25534, 25535(d) and 25536, Health and Safety Code; and Section 68.10, Part 68, Title 40, Code of Federal Regulations.
History
1. Change without regulatory effect renumbering section 2735.4 to new section 5050.4, including amendment of subsections (a) -(a)(3), (c), (c)(2), (e)(3) and (g), filed 3-6-2024 (Register 2024, No. 10).
This database is current through 4/26/24 Register 2024, No. 17.
