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§ 5070.11. RMP Updates.

19 CA ADC § 5070.11Barclays 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 § 5070.11
§ 5070.11. RMP Updates.
(a) The owner or operator of a stationary source which has a regulated substance listed in Table 1 or Table 2 in Section 5130.6 in quantities greater than the corresponding thresholds listed in Table 1 or 2 shall review and update the RMP and submit it in a method and format to a central point specified by USEPA and to the UPA as of the date of submission. The owner or operator of a stationary source shall revise and update the RMP submitted under Section 5070.1 as follows:
(1) At least once every five years from the date of its initial submission or most recent update required by sections (a)(2) through (a)(7), whichever is later. For purposes of determining the date of initial submissions, RMPs submitted before June 21, 1999 are considered to have been submitted on June 21, 1999;
(2) No later than three years after a newly regulated substance is first listed by USEPA;
(3) No later than the date on which a new regulated substance is first present in an already covered process above a threshold quantity;
(4) No later than the date on which a regulated substance is first present above a threshold quantity in a new process;
(5) Within six months of a change that requires a revised PHA or hazard review;
(6) Within six months of a change that requires a revised offsite consequence analysis as provided in section 5080.7; and,
(7) Within six months of a change that alters the Program level that applied to any covered process, except as provided in Section 5070.1(a).
(b) The owner or operator of a stationary source which has regulated substances in a process listed in Section 5130.6 in quantities greater than Table 3 thresholds and less than thresholds in Table 1 shall revise and update the RMP submitted under Section 5070.1(a). The updated RMP shall be submitted to the UPA as follows:
(1) At least once every five years from the date of its initial submission or most recent update required by sections (b)(2) through (b)(7),
(2) No later than three years after a newly regulated substance is first listed by Agency;
(3) No later than the date on which a new regulated substance is first present in an already covered process above a threshold quantity;
(4) No later than the date on which a regulated substance is first present above a threshold quantity in a new process;
(5) Within six months of a change that requires a revised PHA or hazard review;
(6) Within six months of a change that requires a revised offsite consequence analysis as provided in Section 5080.7; and,
(7) Within six months of a change that alters the Program level that applied to any covered process.
(c) If a stationary source is no longer subject to the applicability requirements of Section 5050.4(a)(1), the owner or operator shall submit a de-registration pursuant to Section 5060.1(a) to USEPA within six months indicating that the stationary source is no longer covered. A copy of the de-registration shall also be submitted to the UPA.
(d) If a stationary source is no longer subject to the applicability requirements of Section 5050.4(a)(2) the owner or operator shall submit a de-registration pursuant to Section 5060.1(b) to the UPA within six months indicating that the stationary source is no longer covered.
(e) Revised RMPs shall be subject to the public review process outlined in Section 5070.2.
(f) Within 30 days of a change in the owner or operator, the new owner or operator shall contact the UPA to update registration information. The new owner or operator shall determine if RMP changes are necessary.

Credits

Note: Authority cited: Section 8585, Government Code; and Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585, Government Code; Section 25531, Health and Safety Code; and Section 68.190, Part 68, Title 40, Code of Federal Regulations.
History
1. Change without regulatory effect renumbering section 2745.10 to new section 5070.11, including amendment of subsections (a), (a)(6)-(7), (b), (b)(2), (b)(6) and (c)-(e), 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, § 5070.11, 19 CA ADC § 5070.11
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