How to Implement the CalARP

Program

Presented by
Beronia Beniamine
Senior Hazardous Materials Specialist
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 Introduction
 Help Administrating Agencies in
establishing and implementing the
CalARP program
 Guidance to develop a strategy to
adequately implement the CalARP
program.

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 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.

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 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.

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 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.

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 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.)

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 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

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 Program Description

The program consists of two major

components:
 1. The Risk management Plan (RMP)
Review process
 2. The audits-inspections of the program

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

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 Review Steps
 Step 2:
-Initial Review
-Initial Public Notice
 Step 3:
-Informal Review
-Completeness Review

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 Review Steps
 Step 4:
-Public Review
-Evaluation Review

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 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.

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 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

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 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.

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 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.

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 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.

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 Type of Deficiencies
 There are two types of deficiencies:
1. Omission Deficiencies- Is the result of the
exclusion of a local, State , and Federal
requirement or failure to submit detailed
information.
2. 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.

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 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.

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 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.

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 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.

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 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…….

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 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.

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 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.

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 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.

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 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.

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