Section 5050.5 - General Requirements(a) Coordination. The owner or operator of a stationary source shall closely coordinate with the UPA to implement the requirements of this chapter and to determine the appropriate level of documentation required for an RMP to comply with Sections 5070.3 through 5070.10 of this chapter. This requirement shall not preclude public access to RMP information. Classified information need not be included in the RMP but shall be made available to the UPA to the extent allowable by law. Trade secrets are protected pursuant to Section 25538 of HSC.(b) General requirements for RMPs. (1) The owner or operator of a stationary source that is subject to this chapter, pursuant to Section 5050.4, shall submit an RMP which includes all requirements described in Section 5070.3 through 5070.10.(2) The RMP shall include a registration that reflects all covered processes.(c) Model RMPs may be used by stationary sources if accepted for use by UPAs, in consultation with Agency. Model RMPs for a process that has in excess of a threshold quantity of a regulated substance listed in Table 1 or 2 of Section 5130.6 must also be recognized by USEPA. Agency may limit the use, application, or scope of these models.(d) Program 1 requirements. In addition to meeting the requirements of section (b), the owner or operator of a stationary source with a process eligible for Program 1, as provided in Section 5050.4(c) shall: (1) Analyze the worst-case release scenario for the process(es), as provided in Section 5080.3; document that the nearest public receptor is beyond the distance to a toxic or flammable endpoint defined in Section 5080.2(a); and submit in the RMP the worst-case release scenario as provided in Section 5070.4;(2) Complete the five-year accident history for the process as provided in Section 5080.9 of this chapter and submit it in the RMP as provided in Section 5070.5;(3) Ensure that response actions have been coordinated with local emergency planning and response agencies (e.g., site visits by first responders); and,(4) Certify in the RMP the following: "Based on the criteria in Section of Title 195050.4 of Title 19 of CCR, the distance to the specified endpoint for the worst-case accidental release scenario for the following process(es) is less than the distance to the nearest public receptor: [list process(es)]. Within the past five years, the process(es) has (have) had no accidental release that caused offsite impacts provided in the risk management program Section 5050.4(c)(1). No additional measures are necessary to prevent offsite impacts from accidental releases. In the event of fire, explosion, or a release of a regulated substance from the process(es), entry within the distance to the specified endpoints may pose a danger to public emergency responders. Therefore, public emergency responders should not enter this area except as arranged with the emergency contact indicated in the RMP. The undersigned certifies that, to the best of my knowledge, information, and belief, formed after reasonable inquiry, the information submitted is true, accurate, and complete. (Signature, title, date signed)."(e) Program 2 requirements. In addition to meeting the requirements of section (b), the owner or operator of a stationary source with a process subject to Program 2, as provided in Section 5050.4(d), shall: (1) Develop and implement a management system as provided in Section 5050.6;(2) Conduct a hazard assessment as provided in Sections 5080.1 through 5080.9;(3) Implement the Program 2 prevention steps provided in Sections 5090.1 through 5090.7 or implement the Program 3 prevention steps provided Sections 5100.1 through 5100.12;(4) Develop and implement an emergency response program as provided in Sections 5120.1 and 5120.2; and(5) Submit as part of the RMP the data on prevention program elements for Program 2 processes as provided in Section 5070.6.(f) Program 3 requirements. In addition to meeting the requirements of section (b), the owner or operator of a stationary source with a process subject to Program 3, as provided in Section 5050.4(e) shall: (1) Develop and implement a management system as provided in Section 5050.6;(2) Conduct a hazard assessment as provided in Sections 5080.1 through 5080.9;(3) Implement the prevention requirements of Sections 5100.1 through 5100.12;(4) Develop and implement an emergency response program as provided in Sections 5120.1 and 5120.2; and,(5) Submit as part of the RMP the data on prevention program elements for Program 3 processes as provided in Section 5070.7.(g) Program 4 requirements. In addition to meeting the requirements of section (b), the owner or operator of a stationary source, as defined in Section 5050.4(f) shall: (1) Conduct a hazard assessment as provided in Sections 5080.1 through 5080.9;(2) Implement the prevention and management system requirements of Sections 5110.3 through 5110.20; and submit as part of the RMP the data on prevention program elements for Program 4 processes as provided in Section 5070.8.Cal. Code Regs. Tit. 19, § 5050.5
Note: Authority cited: Section 8585, Government Code; and Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585, Government Code; and Sections 25533, 25534, 25534.05 and 25538, Health and Safety Code; and Section 68.12, Part 68, Title 40, Code of Federal Regulations.
1. Change without regulatory effect renumbering section 2735.5 to new section 5050.5, including amendment of section, filed 3-6-2024 (Register 2024, No. 10).