California Accidental Release Prevention (CalARP) Program Proposed Title 19 Regulation Changes - 2010
A Little History… • Created by Senate Bill 1889 (1996), the California Accidental Release Prevention Program (CalARP) replaces the similar Risk Management and Prevention Program (RMPP). • Program becomes effective January 1, 1997. Emergency regulations are chaptered. • Final regulations become effective on November 16, 1998. • On January 25, 2002, Cal EMA (then OES) opts not to pursue “Phase II”.
When Was The Last Revision? • CalARP regulations (Title19, California Code of Regulations, Chapter 4.5) were last amended on June 28, 2004. Changes were made at that time to reflect changes made to Title 40, Code of Federal Regulations, Part 68, and included: • Additional information required for first five-year Risk Management Plan (RMP) revision, due in 2004. • Flammable fuels exclusion – Table 2 chemicals used for fuel or held for retail sale as fuels were excluded from the requirements of the program.
What Changes Are Proposed for 2010? The Office of Environmental Health Hazard Assessment of Cal/EPA has provided a full set of Table 3 toxic endpoints. Table 3 (19 CCR Section 2770.5,Table 3) is the California- specific list of toxic chemicals. Title 19 currently contains endpoints only for Table 1 (Federal) chemicals. These new toxic endpoints have been integrated into an amended Appendix A, which will replace the existing Appendix A.
Proposed 2010 Changes Con’t The California Health and Safety Code (HSC), section 25543.1, requires Cal EMA to process petitions to alter Table 3 (add a chemical, delete a chemical, or change a threshold). There was a section reserved in Title 19 for a procedure to do this, but the procedure, up to now, was never added to Title 19. The proposed regulation language adds a petition process.
Proposed 2010 Changes Con’t • Several terms are used throughout the Title 19 regulations without being defined. Several other new terms are introduced. “Fuel”, “new stationary source”, “Secretary”, “Cal OSHA” and “revalidation” are examples. • Access to offsite consequence analysis data is tightened up without infringing on the community’s right to know. • In a number of cases, a required action by a stationary source is to be completed in a “timely manner”. The proposed language will require these actions to be completed in a defined timeframe, with extension allowed upon consultation with the administering agency.
Proposed 2010 Changes Con’t • A number of deadlines in 1999 and 2004 are long past and no longer relevant. • There are a number of typos and grammatical errors in the Title 19 language. • Several Table 3 listings are redundant to Table 1 listings. These chemicals are deleted from Table 3.
Proposed 2010 Changes Con’t • A number of redundant listings on Appendix A (the table of toxic endpoints) are deleted. Anhydrous ammonia and 20% aqueous ammonia have the same endpoint. • Miscellaneous clarifications to language and references throughout the Chapter.
Where Did These Proposed Regulations Come From? Cal EMA staff have been meeting at least monthly, via telephone conference, and at the annual CUPA Conference, with CUPAs statewide, OEHHA, Cal/EPA, DTSC, USEPA and industry representatives for almost two years. Suggested changes came from Stanislaus, Orange, Contra Costa and Sacramento County CUPAs. The actual text was written by Cal EMA staff.
What’s Next? • Once a good solid draft document has been prepared, the next proposed steps are: • A series of public workshops in Autumn, 2010. • Diamond Bar –– Hosted by LA City Fire Dept • Martinez –– Hosted by Contra Costa County • Fresno –– Hosted by Fresno County • North state – not yet scheduled – possibly Red Bluff
What’s Next?, Con’t UPAAG – Unified Program Administration and Advisory Group This group consists of representatives from each of the regional CUPA Forum Boards and from each State agency responsible for administering the Unified Program, which includes CalARP. A final review by Cal EMA legal. And then….
Rulemaking Proposed regulations are taken to Office of Administrative Law. Notice Register publication: 45 day comment period commences. Comments taken by letter, fax or email. Public hearing. Probably at Cal EMA HQ. Cal EMA staff respond to all public comments. If comments result in changes to the draft regulations, a second comment period starts. Cal EMA staff prepare Final Statement of Reasons and resubmit to OAL. Regulations become effective 30 days after OAL submittal to Secretary of State.
Contact Jack Harrah Hazardous Materials Section, Fire & Rescue Branch California Emergency Management Agency (916) 845-8759 Jack.email@example.com