Prevent the accidental release of regulated substances (RS) Emergency planning Community right-to-know Off-site vs On-site release CalARP Purpose
CalARP Implementation CalARP is the federal Risk Management Plan (RMP) program with additional state-specific elements Latest CalARP regulations adopted June 28, 2004
Regulated substance (Title 19, Section 2770.5) Threshold quantity (Title 19, Section 2770.5) Toxic endpoint (Title 19, Appendix A) Stationary Source (Title 19, Section 2753.3(uu)) Process (Title 19, Section 2753.3(kk)) Public receptor (Title 19, Section 2753.3(nn)) Important Definitions
Regulated Substances Table 1 - “federal” list of toxics (77) Table 2 - “federal” list of flammables (63) Table 3 - state-specific list of toxics (275)
Toxic Endpoint A concentration of a toxic chemical in air above which there may be a serious health effect or death as a result of a single exposure for a short time. Listed in Appendix A to CalARP regulations and Appendix B to CalARP Administering Agency Guidance.
Flammable Endpoints An explosion with an overpressure of 1 psi or more. A fire that creates a radiant heat of 5 kW/m2 for 40 seconds. An atmosphere exceeding the NFPA lower flammability limit or lower explosive limit (LEL).
A stationary source is subject to CalARP if it has more than a threshold quantity of a regulated substance in a process. May have to develop a risk management plan. “In the Program”
IS YOUR FACILITY A STATIONARY SOURCE? DO YOU HAVE ANY REGULATED SUBSTANCES? YES YES NO NO STOP! YOU ARE NOT COVERED BY THE RULE DO YOU HAVE ANY REGULATED SUBSTANCES IN A PROCESS THAT ARE ABOVE A THRESHOLD QUANTITY? NO PRELIMINARY DETERMINATION DICTATES CalARP PROGRAM COMPLIANCE (See App. F.) YES Table 3 YES Table 1 or Table 2 YES NO PROGRAM LEVEL(S) ARE ASSIGNED TO COVERED PROCESS (See Exhibit 1-4) CalARP PROGRAM COMPLIANCE NOT REQUIRED
Program Level Eligibility • Program 1 • Level 1 is the least stringent level of risk management • No accidental release in past five years • Toxic or Flammable endpoint less than distance to public • receptor • Coordinated emergency response procedures • (Coordinate with first responders)
Program Level Eligibility • Program 3 • Level 3 is the most stringent program level • Do not meet Program 1 requirements • Process has North American Industry Classification System • (NAICS) code 32211, 32411, 32511, 325181, 325188, 325192, • 325199, 325211, 325311, or 32532. • Subject to OSHA process safety management (PSM) • standards • CUPA determines that additional safety/prevention measures • are necessary (based on nature and amount)
Program Level Eligibility • Program 2 • Do not meet the eligibility requirements of either • Program 1 or 3
Program Level Assignment Is the process subject to OSHA PSM standards? Are public receptors within the distance to the endpoint for a worst case release? Yes No Yes No Is the process classified in one of the listed NAICS codes? Process is subject to Program Level 3 Yes Yes No Process is eligible for Program Level 1 (even if process is subject to OSHA PSM or is in one of the Program Level 3 NAICS codes) Have offsite impacts occurred due to a release of a regulated substance from the Process? No Process is subject to Program Level 2 (this is the default Program Level)
RMP Components • Registration • Executive Summary • Hazard Assessment • Prevention Program (2 or 3) • Emergency Response Program • Certification
Program Requirements Hazard Assessment Offsite consequence analysis (OCA) Worst-case release scenario analysis Alternative release scenario analysis Defining offsite impacts Five-year accident history Prevention Program 2 Safety information - Hazard review Operating procedures - Training Maintenance - Compliance audits Incident investigations
Program Requirements • Prevention Program 3 • Process safety info Process Hazard Analysis • Operating procedures Training • Mechanical integrity Compliance audits • Management of change Pre-startup review • Incident investigations Contractors • Employee participation Hot work permit • Emergency Response Program • Emergency response plan • Procedures to use, inspect, test, and maintain emergency response equipment • ICS training for all employees • Procedures to review and update the plan
Accident Risk DeterminationTable 3 • CUPA and owner/operator shall consult to establish RMP submittal date (12-36 months for existing stationary source or immediately for a new or modified stationary source). • CUPA determines that no risk exists: • May request RMP • May exempt from CalARP program • May reclassify program level (3 to 2 or 2 to 1)
Submit RMP and registration to USEPA and CUPA no later than the latest of the following dates: Date on which RS is first present in a process; 3 years after date RS is first listed; or, 5 years from the last RMP submission or 5 years from the last RMP update RMP submit Copy of RMP to CUPA RMP Submission DeadlinesTables 1 and 2
Preliminary determination of risk by CUPA (nature, amount, accident history, potential public receptors, etc.) CUPA determines that risk exists: RMP is required CUPA may reclassify program level (2 to 3) CUPA notifies owner/operator to prepare and submit an RMP RMP SubmissionTable 3
RMP Review • Evaluation Review • CUPA review may include: • RMP evaluation (inspections, onsite document review) • standard application of engineering & scientific principles • site specific characteristics • technical accuracy • severity of offsite consequences • other information in possession of or reviewed by CUPA
RMP Review • Complete Program 3 RMP reviews within 24 months • Complete Program 1 or 2 RMP reviews within 36 months
RMP Updates • At least once every five years from the date of initial submission or most recent • update; • No later than three years after a newly regulated substance is first listed; • No later than the date on which a new regulated substance is first present in an • already covered process above a threshold quantity; • No later than the date on which a regulated substance is first present above a • threshold quantity in a new process; • Within six months of a change that requires a revised PHA or hazard review; • Within six months of a change that requires a revised OCA; and, • Within six months of a change that alters the Program level.
General Duty Statement Every facility that handles hazardous materials is expected to have a safe facility! An injury or a fatality automatically creates a violation of the General Duty Statement! There is no list of chemicals and there are no threshold quantities Penalties may be significant
Where to go for More Information OES’ Website: www.oes.ca.gov OES’ HazMat Staff line: (916) 845-8741 USEPA Website: http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/RMPS.htm USEPA Hotline: (800) 424-9346
OES Contact Information Brian Abeel 916-845-8768 Trevor Anderson 916-845-8788 Jack Harrah 916-845-8759 Fred Mehr 916-845-8754 Michael Warren 916-845-8772