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§ 2745.1. Submission.

19 CA ADC § 2745.1Barclays 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 3. Risk Management Plan Components and Submission Requirements
19 CCR § 2745.1
§ 2745.1. Submission.
Currentness
(a) The owner or operator of a stationary source, which handles more than a threshold quantity of a regulated substance in a process, shall determine the applicability of this chapter as set forth in Section 2735.4(a) and shall submit a single RMP to the UPA. The owner or operator of a Program 4 stationary source shall submit a revised RMP to address the changes stated in Article 6.5 Program 4 within twenty-four (24) months of the effective date of this Article.
(b) The RMP information required by USEPA at Sections 68.155-68.185, Part 68, Title 40 of CFR shall be submitted to USEPA no later than the latest of the following dates:
(1) Three years after the date on which a regulated substance is first listed under Section 68.130, Part 68, Title 40 of CFR; or,
(2) The date on which a regulated substance is first present in a process, above the threshold quantity, as listed on Section 2770.5 Table 1 or 2.
(c) The owner or operator of a stationary source shall submit a copy of USEPA required RMP information according to the time frame set forth in (b) of this section to the UPA.
(d) If a determination is made pursuant to section 2735.4(a)(2) that a new or modified stationary source must comply with this chapter, the owner or operator shall submit an RMP to the UPA prior to the date in which a regulated substance is first present in a process above the listed threshold quantity, as listed on Section 2770.5.
(e) This chapter does not require the owner or operator to submit external event analysis or supplemental information, required by the UPA, to USEPA unless that information is required by federal law.
(f) If a pesticide, as defined in Section 12753 of the Food and Agricultural Code, is used on a farm or nursery and is determined by the UPA to pose a regulated substances accident risk; the UPA shall first consult with the county agricultural commissioner or the Department of Food and Agriculture to evaluate whether the existing RMP is adequate in relation to the regulated substances accident risk. This paragraph does not prohibit, or limit the authority of an UPA to conduct its duties.
(g) RMPs submitted under this Section shall be updated and corrected in accordance with Section 2745.10 and Section 2745.10.5.
(h) Notwithstanding the provisions of Sections 2745.3 through 2745.9 the RMP shall exclude classified information. Subject to appropriate procedures to protect such information from public disclosure, classified data or information excluded from the RMP may be made available in a classified annex to the RMP for review by federal and state representatives who have received the appropriate security clearances required for the classified data or information being reviewed.
(i) Upon request, the UPA shall submit to Cal OES copies of the RMP and the federal registration.

Credits

Note: Authority cited: Section 8585, Government Code; and Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585, Government Code; Sections 25533, 25534, 25535.1 and 25536, Health and Safety Code; and Section 68.150, Part 68, Title 40, Code of Federal Regulations.
History
1. New article 3 (sections 2745.1-2745.12) and 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 article 3 (sections 2745.1-2745.12) and 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 article 3 (sections 2745.1-2745.12) and 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 article 3 (sections 2745.1-2745.12) and 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 article 3 (sections 2745.1-2745.12) and repealer and new section, transmitted to OAL 10-7-98 and filed 11-16-98 (Register 98, No. 47).
6. New subsection (h), subsection relettering and amendment of newly designated subsection (i) filed 6-28-2004; operative 6-28-2004. Submitted to OAL for printing only (Register 2004, No. 27).
7. Change without regulatory effect amending subsection (k) and Note filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).
8. Repealer of subsection (b)(1), subsection renumbering, repealer of subsections (d) and (h), subsection relettering and amendment of newly designated subsection (i) filed 10-8-2014; operative 1-1-2015 (Register 2014, No. 41).
9. Amendment filed 8-3-2017; operative 10-1-2017 (Register 2017, No. 31).
This database is current through 9/22/23 Register 2023, No. 38.
Cal. Admin. Code tit. 19, § 2745.1, 19 CA ADC § 2745.1
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