How to Implement the CalARP Program Presented by Beronia Beniamine Senior Hazardous Materials Specialist
Introduction • Help Administrating Agencies in establishing and implementing the CalARP program • Guidance to develop a strategy to adequately implement the CalARP program.
Definition of AA • Administrating Agencies (AA) are the local agency authorized by OES to implement and enforce the CalARP program in California. AAs also known as Certified Unified Program Agency (CUPA), Participating Agency, or Designated Agency.
Regulations • Federal Risk Management program (FEDRMP) –Title 40 of CFR, Part 68 • Federal OSHA Process Safety management Program (OSHA PSM)-Title 29 of the CFR Part 1910.119 • California Accidental Release Prevention Program (CalARP) – California Code of Regulations, Title 19, Division 2, Chapter 4.5, Article 1 through 11.
Stationary Source • Any buildings, structures, equipment, installations, or substances emitting stationery activities which belongs to the same industrial group, which are located on one or more contiguous properties, which are under the control of the same person (or persons under common control), and from which an accidential release may occur.
Risk Management Plan • Risk Management Plan (RMP) is a document that must be a true and accurate reflection of a facility’s compliance with the elements of the CalARP Program. It summarizes the facility’s accidental release prevention program implementation activities. Each facility with one or more covered processes, must prepare and submit a single RMP that includes all covered processes. • (Note: If an RMP is required by the FedARP Program, the “single” RMP may need to be crafted to meet AA documentation requirements.)
Process • Process means any activity involving a regulated substance including any use, storage, manufacturing, handling, or on-site movement of such substances, or combination of these activities. A process can be as simple as a single storage vessel or a group of drums or cylinders in one location or as complicated as a system of interconnected reactor vessels, distillation columns, receivers, pumps, piping, and storage vessels
Program Description The program consists of two major components: • 1. The Risk management Plan (RMP) Review process • 2. The audits-inspections of the program
Review Steps There are 4 major steps that need to be considered in establishing the CalARP program: • Step 1: -Notification -Orientation Meeting
Review Steps • Step 2: -Initial Review -Initial Public Notice • Step 3: -Informal Review -Completeness Review
Review Steps • Step 4: -Public Review -Evaluation Review
Notification • Send an initial notification letter to Stationary Source (SS) with more than the threshold of a regulated substance. A business plan inventory information, Air Districts , Building departments, or other permit issuing agencies might be helpful in identifying RMP facilities. • Note in the initial notification letter that the SS will have one year from the initial notification letter to submit the RMP plan. • You can suggest a date for the orientation meeting or you can call the SS to schedule one.
Orientation • Orientation meeting might be helpful in opening a dialogue between the SS and the agency. Some of the items that need to be discussed at the orientation meeting: • Description of the RMP process • The description of the covered process(es) • RMP fees • Program Level • Timeline for the RMP process During the meeting, make sure to : • Bring a copy of the Guidance, County or OES • Request that the facility will inform you of their HAZOP meeting schedule
Initial Review • SS will submit the RMP to the AA for review • AA will do the the Initial Review to determine that all the required elements pursuant to sections 2745.3 through 2745.9 are documented in the RMP plan and it contains appropriate level of detail. • written notice or verbal notice should be provided to the SS if deficiencies were found. • Always keep copies of the checklist in the facility's file.
Initial Public Notice • After the initial review is completed, the AA will publish a notice in a local newspaper of general circulation that the RMP has been submitted and the AA has initiated the process for government and Public review. • Always keep a copy of the initial public notice in the facility file. • Wording in the Initial Public Notice can be very simple such as:“Pursuant to the California Code of Regulations, Title 19, Division 2, Risk Management Plan(s) RMP have been submitted to “Name of AA” by the following (Name of companies) . The department has initiated the process for government and public review.” • A letter will be sent out to SS verifying the receipt of their RMP plan and the date of when the public notice will be published.
Informal Review/ Completeness Review AA will start the informal review to determine that the RMP is complete. During the informal review, the SS is allowed to receive a feedback from the AA prior to the completeness review. If there are deficiencies, then the AA will notify the SS and a 60 days (facility may request a one-time 30 days extension) time frame will be given to correct those deficiencies.
Type of Deficiencies • There are two types of deficiencies: • Omission Deficiencies- Is the result of the exclusion of a local, State , and Federal requirement or failure to submit detailed information. • Error of Fact- Is a result of misstatement by the SS. Vagueness, or insufficient evidence may be misleading to the RMP reviewer. AA may provide a verbal notice to the SS of any deficiencies.
Completeness Review • If deficiencies are identified, a letter will be sent out to the SS notifying them of the deficiencies and assigning a date to correct the deficiencies. Typically 60 days will be given , however, the SS may request a one-time extension. • Failure to correct deficiencies during specified time frame shall be subject the owner/operator of a stationary source to to the penalties specified in Section 25540 and 25541 of HSC • Once all the deficiencies are corrected, the RMP should be accepted as complete. If the SS fails to submit the revised RMP, then enforcement action must be considered.
Formal Public Review • Within 15 days after the RMP is accepted as complete, RMP should be made available to the public for review and comments. • A Public Notice will be published in the local newspaper • 45 days must be given for public to review and comment.
Public Notice • Public Notice must describe the RMP and state the location where it may be reviewed. • Be posted in a local newspaper for a period specified by the AA. • Must notify anyone that has specifically requested to be notified.
Example of Public Notice • “Pursuant to the California Health and Safety Code, Division 20, Chapter 6.95, Section 25535.2, facilities that handle regulated substances above certain thresholds are required to prepare risk management plans. The goal of a risk management program is to prevent chemical accidents that could cause harm to the public and the environment and to reduce the potential impact of accidental releases. The risk management plan contains an off-site consequence analysis that evaluates specific potential release scenarios including worst-case and alternative scenarios; a history of accidental releases; an integrated prevention program to manage risk; an emergency response program; and a management system to oversee the implementation of the risk management program. The risk management plans for the following facilities are available for public review and comment at the Stanislaus County Department of Environmental Resources, 3800 Cornucopia Way, Suite C, Modesto until March 17, 2000.“ • List companies names and addresses…….
Audits • RMP auditing is the chief administrative control through which implementation and enforcement are ensured. Audits are periodically performed on the RMP to review its adequacy and it can be accompanied by inspection. • When is determined that an audit is necessary then: • Provide advance notice to the SS, SS need to make all the necessary documentation available for review and verification at the time of auditing. • Send the audit-inspection checklist via e-mail to the person in charge of the RMP implementation.
Audits • Based on the checklist, the AA will send a “Preliminary determination of Necessary RMP Revisions”, it shall include the basis for the revisions and include a timetable for the implementation. • The AA will expect to receive a written response within 90 days. Upon consultation with the SS, the AA will issue the final determination of necessary RMP revisions. • Failure to make the revisions within 30 days after the final determination was received, the SS is in violation of Article 3, Chapter 4.5, and Division 2 of 19CCR.
Inspection • Inspection are site visits to check the accuracy of the RMP data and implementation of the CalARP Program elements. Inspections are performed every 3 years and are for the purpose of ensuring facility compliance with the CalARP Program. The following are some steps that need to be taken by the inspector: • Set up an appointment with the facility at least 5 days in advance. • Review the RMP prior to the inspection. • Complete the RMP Formal Evaluation Review, using the Evaluation Review checklist. • Upon arrival at the site, identify yourself and ask for the RMP coordinator or the designated alternate.
Inspection • Hold an opening conference, describe how the inspection will proceed. • The inspector should have a simple sketch of the process to be able to identify all equipment and operational controls listed in the RMP plan. • The inspector should ask any questions that may pertain to accidental release risk. • Note discrepancies on the CalARP/RMP inspection form or violations of the Uniform Fire Code and other applicable regulations.