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§ 2735.5. General Requirements.

19 CA ADC § 2735.5Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 19. Public Safety
Division 2. California Governor's Office of Emergency Services
Chapter 4.5. California Accidental Release Prevention (CalARP) Program Detailed Analysis
Article 1. General
19 CCR § 2735.5
§ 2735.5. General Requirements.
Currentness
(a) Coordination. The owner or operator of a stationary source shall closely coordinate with the UPA 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 UPA 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 UPAs, in consultation with Cal OES. 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 OES 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 (e.g., site visits by first responders); 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 and 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 and 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.
(g) Program 4 requirements. In addition to meeting the requirements of section (b), the owner or operator of a stationary source, as defined in Section 2735.4(f) shall:
(1) Conduct a hazard assessment as provided in Sections 2750.1 through 2750.9;
(2) Implement the prevention and management system requirements of Sections 2762.1 through 2762.17; and submit as part of the RMP the data on prevention program elements for Program 4 processes as provided in Section 2745.7.5.

Credits

Note: Authority cited: Section 8585, Government Code; and Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585, Government Code; and Sections 25533, 25534, 25534.05 and 25538, Health and Safety Code; and Section 68.12, Part 68, Title 40, Code of Federal Regulations.
History
1. New section filed 7-10-97 as an emergency; operative 7-10-97 (Register 97, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-7-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-31-97 as an emergency; operative 11-7-97 (Register 97, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-9-98 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-9-98 as an emergency; operative 3-9-98 (Register 98, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-7-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 7-7-98 as an emergency; operative 7-7-98 (Register 98, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-7-98 order, including repealer and new section, transmitted to OAL 10-7-98 and filed 11-16-98 (Register 98, No. 47).
6. Change without regulatory effect amending subsection (c) and Note filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).
7. Amendment of subsections (c), (d)(3), (e)(4) and (f)(4) filed 10-8-2014; operative 1-1-2015 (Register 2014, No. 41).
8. Amendment of subsections (a) and (c) and new subsections (g)-(g)(2) filed 8-3-2017; operative 10-1-2017 (Register 2017, No. 31).
This database is current through 9/15/23 Register 2023, No. 37.
Cal. Admin. Code tit. 19, § 2735.5, 19 CA ADC § 2735.5
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