How to Implement the CalARP Program

1
How to Implement the CalARP Program

• Presented by
• Beronia Beniamine
• Senior Hazardous Materials Specialist

2
Introduction

• Help Administrating Agencies in establishing and
  implementing the CalARP program
• Guidance to develop a strategy to adequately
  implement the CalARP program.

3
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.

4
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.

5
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.

6
Risk Management Plan

• Risk Management Plan (RMP) is a document that
  must be a true and accurate reflection of a
  facilitys compliance with the elements of the
  CalARP Program. It summarizes the facilitys
  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.)

7
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

8
Program Description

• The program consists of two major components
• 1. The Risk management Plan (RMP) Review
  process
• 2. The audits-inspections of the program

9
Review Steps

• There are 4 major steps that need to be
  considered in establishing the CalARP program
• Step 1
• -Notification
• -Orientation Meeting

10
Review Steps

• Step 2
• -Initial Review
• -Initial Public Notice
• Step 3
• -Informal Review
• -Completeness Review

11
Review Steps

• Step 4
• -Public Review
• -Evaluation Review

12
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.

13
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

14
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.

15
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.

16
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.

17
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.

18
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.

19
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.

20
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.

21
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.

22
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.

23
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.

24
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.

25
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.