Section 5110.19 - Accidental Release Prevention Program Management System(a) The owner or operator shall develop and implement an effective written Accidental Release Prevention Program (ARP) Management System, which shall be reviewed and updated every three (3) years. The owner or operator shall designate the stationary source manager as the person with authority and responsibility for compliance with this section, and shall maintain process safety goals that support continuous improvement.(b) As part of the ARP Management System, the owner or operator shall develop and maintain written ARP policies and procedures, as described below: (1) Job descriptions of roles and responsibilities under each section of this Article;(2) An organizational chart of management positions with responsibilities for each section of this Article;(3) Written procedures for ensuring the effective communication of safety, operations, and maintenance information among and across process and maintenance personnel, contractors, support personnel, supervisors and senior management;(4) Policies and procedures to ensure that the findings, recommendations and corrective action of all sections in this Article and the ARP Management System are communicated effectively to employees and employee representatives; and(5) Policies and procedures to effectively provide for employee participation in all applicable sections in this Article as specified in section 5110.13.(c) As part of the ARP Management System, the owner or operator shall track and document all changes to program elements under this Article.(d) As part of the ARP Management System, the owner or operator shall develop and document a corrective action work process to address findings and recommendations resulting from program elements. The corrective action work plan for PSCAs shall be governed by section 5110.17. The corrective action work process shall include the requirements in subsection (e).(e) The owner or operator shall comply with the following standards for findings and recommendations for the PHA, DMR, HCA, Incident Investigation, compliance audit and SPA: (1) All findings and recommendations must be provided by the team to the owner or operator at the earliest opportunity, but no later than 14 calendar days after recommendation and findings are complete.(2) The owner or operator may reject a team recommendation if the owner or operator can demonstrate in writing that one of the following applies: (A) The analysis upon which the recommendation is based contains material factual errors;(B) The recommendation is not relevant to process safety; or(C) The recommendation is infeasible; however, a determination of infeasibility shall not be based solely on cost.(3) The owner or operator may change a team recommendation if the owner or operator can demonstrate in writing that an alternative inherent safety measure would provide an equivalent or higher order of inherent safety, or, for a safeguard recommendation, an alternative safeguard would provide an equally or more effective level of protection.(4) The owner or operator shall document where any of the conditions in subsection (e)(2) or (e)(3) is applied for the purpose of changing or rejecting a team recommendation. Each recommendation that is changed or rejected by the owner or operator shall be communicated to onsite team members for comment and made available to offsite team members for comment.(5) The owner or operator shall document any written comments from all team members on any rejected or changed findings and recommendations.(6) The owner or operator shall document a final decision for each recommendation and shall communicate it to onsite team members and make it available to offsite team members.(7) The owner or operator shall develop and document corrective actions to implement each accepted recommendation, including documentation of a completion date and assignment of responsibility for completion of each corrective action. All target dates shall be consistent with the requirements of subsections (10) through (13) below for completion of corrective actions.(8) If the owner or operator determines that a corrective action requires revalidation or update of any applicable PHA, HCA, DMR, or SPA, these revalidations or updates shall be subject to the corrective action requirements in subsections (9) and (11) through (12) below. The owner or operator shall promptly append any revalidated or updated PHA, DMR, HCA, or SPA, to the applicable report.(9) The owner or operator shall promptly complete all corrective actions and shall comply with the completion dates required by this subsection. The owner or operator shall conduct a MOC pursuant to section 5110.9 for any proposed change to a completion date. The owner or operator shall make all completion dates available, upon request, to all affected operation and maintenance employees and employee representatives.(10) Notwithstanding sections (11) through (13) below, corrective actions addressing process safety hazards shall be prioritized and promptly completed, either through permanent corrections or interim safeguards sufficient to prevent the potential for a major incident, pending permanent corrections.(11) Each corrective action except as specified under subsection (10) that does not require a process shutdown shall be completed within two and half years after the completion of the analysis or review unless the owner or operator demonstrates in writing that it is not feasible to do so.(12) Each corrective action from a compliance audit shall be completed within one and half years after the completion of the analysis or review unless the owner or operator demonstrates in writing that it is not feasible to do so. Each corrective action from an incident investigation shall be completed within one and half years after completion of the investigation unless the owner or operator demonstrates in writing that it is infeasible to do so.(13) Each corrective action requiring a process shutdown shall be completed during the first regularly scheduled turnaround of the applicable process, subsequent to completion of the PHA, SPA, DMR, HCA, MOC, compliance audit or incident investigation, unless the owner or operator demonstrates in writing it is not feasible to do so.(14) Where a corrective action cannot be implemented within the times described in (10) through (13) above, the owner or operator shall ensure that interim safeguards are sufficient to prevent the potential for a major incident, pending permanent corrections. The owner or operator shall document all corrective actions delayed beyond the timelines established in this subsection. The documentation shall include: (A) The rationale for deferring the corrective action(s);(B) The documentation required under the MOC process;(C) A timeline describing when the corrective action(s) will be implemented; and(D) An effective plan to make available the rationale and revised timeline to all affected employees and their representatives.(15) The owner or operator shall track each corrective action item to completion and shall append the documentation of completion to the applicable PHA, DMR, HCA, SPA, compliance audit, or incident investigation report.(f) Within 90 calendar days of the effective date of this Article, the owner or operator in consultation with employees and employee representatives, shall develop and implement the following: (1) Effective Stop Work procedures that ensure: (A) The authority of all employees, including employees of contractors, to refuse to perform a task where doing so could reasonably result in death or serious physical harm;(B) The authority of all employees, including employees of contractors, to recommend to the operator in charge of a unit that an operation or process be partially or completely shut-down, based on a process safety hazard; and,(C) The authority of the qualified operator in charge of a unit to partially or completely shut-down an operation or process, based on a process safety hazard.(2) Effective procedures to ensure the right of all employees, including employees of contractors, to anonymously report hazards. The owner or operator shall respond in writing within 30 calendar days to written hazard reports submitted by employees, employee representatives, contractors, employees of contractors and contractor employee representatives. The owner or operator shall prioritize and promptly respond to and correct hazards that present the potential for death or serious physical harm.(g) Within 90 calendar days of the effective date of this section, the owner or operator shall develop a system to document and enable employees to report information pursuant to subsections (f)(1) and (f)(2).(h) Process Safety Performance Indicators (1) Common Process Safety Performance Indicators: Starting one calendar year after the effective date of this Article, the owner or operator shall report indicators listed in subdivision (A) through (E) below to Agency and the UPA every year on June 30 for the period from January 1 to December 31 of the prior year. Agency shall make these indicators public by posting them on their web site. (A) Past due inspections for piping and pressure vessels:i. Overdue inspection for piping and pressure vessels shall be reported. This information will not include relief devices, instrumentation, instrument air receivers, boilers, furnaces, atmospheric tanks, or rotating equipment.ii. Pressure vessels include but are not limited to: heat exchangers, columns, spheres, bullets as defined by CA Safety Order and U-stamped (or treated as such). The scope of the inspections for this reporting include external visual, condition monitoring location (CML) and nondestructive examination (NDE), and internal visual. Pressure vessel is defined by Title 8, Division 1, Chapter 4, Subchapter 1 Unfired Pressure vessel safety orders.iii. Process Piping and piping components excluding utility piping, the scope of the inspections shall include external visual, CML/NDE and internal visual as appropriate.iv. Past due is defined as overdue by the requirements listed in California Code of Regulations, Title 8, section 6857, API 510 and API 570. Deferral/extension when used shall follow the requirements contained within the above code and recommended practices.v. Inspections shall be defined by circuits rather than points. A circuit shall be defined by one of the following: isometrics, by process stream and piping class, or piece of equipment, such as a pressure vessel. When reporting past due inspections to Agency and the UPA, the owner or operator shall include the total number of circuits at the stationary source and the total number of annual planned circuit inspections for that year to provide context regarding the number of circuits/equipment defined by the inspection program at the facility.(B) Past due PHA corrective actions and seismic corrective actions shall be reported. If a stationary source receives an extension approved by the UPA, the new approved due date shall apply.(C) Past due Incident Investigation corrective actions shall be reported for major incidents. All major incidents that occur after the effective date of this Article are subject to this requirement.(D) Major incidents: The number of major incidents that have occurred since the effective date of this Article.(E) The number of temporary piping and equipment repairs that are installed on hydrocarbon and high energy utility systems that are past their date of replacement with a permanent repair and the total number of temporary piping and equipment repairs installed on hydrocarbon and high energy utility systems. The owner or operator shall document, but not report, the date the temporary piping repair was installed, and the date for the permanent repair is to be complete.(F) Past due item is an item that is not completed by the end of the month during the month that is due. Each month an item that is past due shall be counted overdue. If the item is continued from the prior month then it is also counted as a repeat item. The repeat row is a subset of the overdue items. The table below shall be used for each of the indicators listed above.(2) Individual Program 4 Process Safety Performance Indicators: No later than six months after the effective date of this Article, each stationary source shall develop a list of site-specific indicators, consisting of activities and other events that it shall measure in order to evaluate the performance of its process safety systems for the purpose of continuous improvement. The owner or operator shall prepare an annual written report by June 30 of each year containing a compilation of these site specific indicators for the previous calendar year. The stationary source manager or designee shall certify annually that the report is current and accurate.Cal. Code Regs. Tit. 19, § 5110.19
Note: Authority cited: Section 8585, Government Code; and Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585, Government Code; and Sections 25531, 25531.2, 25534, 25535 and 25535.1, Health and Safety Code.
1. Change without regulatory effect renumbering section 2762.16 to new section 5110.19, including amendment of subsections (b)(5), (d), (e)(9), (h)(1) and (h)(1)(A)v., filed 3-6-2024 (Register 2024, No. 10).