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§ 5070.1. Submission.

19 CA ADC § 5070.1Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 19. Public Safety
Division 5. California Environmental Protection Agency
Chapter 2. California Accidental Release Prevention (CalARP) Program Detailed Analysis
Article 3. Risk Management Plan Components and Submission Requirements
19 CCR § 5070.1
§ 5070.1. Submission.
(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 5050.4(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 7 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 5130.6 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 5050.4(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 5130.6.
(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 5070.11 and Section 5070.12.
(h) Notwithstanding the provisions of Sections 5070.3 through 5070.10 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 Agency copies of the RMP and the federal registration.


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.
1. Change without regulatory effect renumbering former division 2, chapter 4.5, article 3 (sections 2745.1-2745.12) to new division 5, chapter 2, article 3 (sections 5070.1-5070.14) and renumbering section 2745.1 to new section 5070.1, including amendment of subsections (a), (b)(2), (d) and (g)-(i), filed 3-6-2024 (Register 2024, No. 10).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 19, § 5070.1, 19 CA ADC § 5070.1
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