(a) In addition to inspections for the purpose of regulatory development and enforcement of the federal CAA, the UPA shall periodically audit RMPs submitted under Article 3 of this chapter to review the adequacy of such RMPs and require revisions to RMPs when necessary to ensure compliance with this chapter. To the extent possible, any audit shall be fully coordinated with the Unified Program elements at a stationary source.(b) The UPA shall select stationary sources for audits based on any of the following criteria:(1) Accident history of the stationary source;(2) Accident history of other stationary sources in the same industry;(3) Quantity of regulated substances present at the stationary source;(4) Location of the stationary source and its proximity to the public and environmental receptors;(5) The presence of specific regulated substances;(6) The hazards identified in the RMP; and,(7) A plan providing for neutral, random oversight.(c) Exemption from audits. A stationary source with a Star or Merit ranking under OSHA's voluntary protection program shall be exempt from audits under sections (b)(2) and (b)(7).(d) In accordance with Section 25534.5 of HSC, the UPA shall have access to the stationary source, supporting documentation, and any area where an accidental release could occur.(e) Based on the audit, the UPA may issue the owner or operator of a stationary source a written preliminary determination of necessary revisions to the stationary source's RMP to ensure that the RMP complies with the requirements of this chapter. The preliminary determination shall include an explanation for the basis for the revisions, reflecting industry standards and guidelines (such as AIChE/CCPS guidelines and ASME and API standards) to the extent that such standards and guidelines are applicable, and shall include a timetable for their implementation.(f) Written response to a preliminary determination.(1) The owner or operator shall respond in writing to a preliminary determination made in accordance with section (e). The response shall state that the owner or operator will implement the revisions contained in the preliminary determination in accordance with the timetable included in the preliminary determination or shall state that the owner or operator rejects the revisions in whole or in part. For each rejected revision, the owner or operator shall explain the basis for rejecting such revision. Such explanation may include substitute revisions.(2) The written response under section (f)(1) shall be received by the UPA within 90 days of the issue of the preliminary determination or a shorter period of time as the UPA specifies in the preliminary determination as necessary to protect public health and the environment. Prior to the written response being due and upon written request from the owner or operator, the UPA may provide in writing additional time for the response to be received.(g) After providing the owner or operator an opportunity to respond under section (f), the UPA may issue the owner or operator a written final determination of necessary revisions to the stationary source's RMP. A time-table for implementing these revisions shall be developed in consultation with the stationary source. Revisions must be completed as soon as practicable, but no later than one year after the final determination has been issued unless the UPA agrees, in writing, upon a timetable before the resolution becomes overdue. The final determination may adopt or modify the revisions contained in the preliminary determination under section (e) or may adopt or modify the substitute revisions provided in the response under section (f). A final determination that adopts a revision rejected by the owner or operator shall include an explanation of the basis for the revision. A final determination that does not adopt a substitute revision provided under section (f) shall include an explanation of the basis for finding such substitute revision unreasonable.(h) Thirty days after completion of the actions detailed in the implementation schedule set in the final determination under section (g), the owner or operator shall be in violation of this section unless the owner or operator corrects the deficiencies as outlined in the final determination.(i) The owner or operator shall document the actual completion dates when deficiencies were corrected. The public shall have access to the preliminary determinations, responses, and final determinations under this section in a manner consistent with Section 5140.6.(j) Nothing in this section shall preclude, limit, or interfere in any way with the authority of USEPA or the state to exercise its enforcement, investigatory, and information gathering authorities under the federal CAA or the HSC.Cal. Code Regs. Tit. 19, § 5140.2
Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code. Reference: Sections 25534.05, 25534.5 and 25537, Health and Safety Code; and Section 68.220, Part 68, Title 40, Code of Federal Regulations.
1. Change without regulatory effect renumbering section 2775.2 to new section 5140.2, including amendment of subsection (i), filed 3-6-2024 (Register 2024, No. 10).