Statutes, codes, and regulations
California Code Of Regulations
Title 19 - Public SafetyDivision 5 - California Environment Protection AgencyChapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis
Article 3 - Risk Management Plan Components and Submission Requirements
Section 5070.2 - RMP Review Process

Cal. Code Regs. tit. 19 § 5070.2

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Current through Register 2024 Notice Reg. No. 52, December 27, 2024
Section 5070.2 - RMP Review Process

The RMP review process shall include:

(a) Consultation and review. The RMP shall be certified complete by a qualified person and the stationary source owner or operator and shall be submitted to the UPA. Completeness shall be determined in accordance with Sections 5070.3 through 5070.10. The stationary source shall work closely with the UPA to determine that the RMP contains an appropriate level of detail.
(b) Deficiency notice. The UPA shall review the RMP to determine if all the elements pursuant to Sections 5070.3 through 5070.10 are contained in the document and provide a written notice to the owner or operator of a stationary source of any deficiencies. The UPA may authorize the air pollution control district (APCD) or air quality management district (AQMD) to conduct a technical review of the RMP.
(1) The owner or operator of the stationary source shall have 60 calendar days from receipt of the notification of RMP deficiencies to make any corrections. An owner or operator of the stationary source may request, in writing, a one-time 30 calendar day extension to correct deficiencies. At the end of the 60 calendar days, and any extension period if applicable, the stationary source shall resubmit the corrected, revised RMP to the UPA. Failure to correct deficiencies during the specified time frame shall subject the owner or operator of the stationary source to the penalties specified in Sections 25540 and 25541 of HSC.
(2) If no deficiencies are identified, the UPA shall accept the RMP as complete and submit the RMP for formal public review.
(c) Formal public review. Within 15 calendar days after the UPA determines that the RMP is complete, the UPA shall make the RMP available to the public for review and comment by publishing a notice in a local newspaper of general circulation, or on the UPA's website. The notice shall describe the RMP and state a location where it may be reviewed. The UPA shall directly notify individuals and organizations who have specifically requested to be notified. The public shall have 45 calendar days to comment following the publication date of the notice. The UPA shall review all public comments.
(d) Evaluation review. The evaluation review shall be conducted by the UPA at the end of the formal public review period. The UPA shall take the public comments into consideration during the evaluation review. The UPA shall consider standard application of engineering and scientific principles, site specific characteristics, technical accuracy, severity of offsite consequences, and other information in the possession of or reviewed by the UPA. The evaluation review may include inspections and onsite document review of records and data which may not be in the possession of the UPA.
(e) The evaluation review shall be completed by the UPA as follows:
(1) For an RMP which includes only Program 1 or Program 2 processes, the evaluation review shall be completed within 36 months.
(2) For an RMP which includes a Program 3 process, the evaluation review shall be completed within 24 months.
(3) For an RMP that is for a Program 4 stationary source, the evaluation review shall be completed within 36 months.
(4) The evaluation review does not include time for corrections of deficiencies pursuant to section (b)(1).
(f) Inspection or audit authority. Nothing in this section shall preclude the authority of an UPA to inspect or audit a stationary source.
(g) Public access. Subject to the requirements of section 5140.6(b), the public shall have access to the RMP, including any electronic data developed as part of the USEPA reporting requirements. Classified information need not be included. Trade secrets are protected pursuant to Section 25538 of HSC.

Cal. Code Regs. Tit. 19, § 5070.2

Note: Authority cited: Section 8585, Government Code; and Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585, Government Code; and Sections 25531.1, 25534.5, 25535, 25535.2 and 25538, Health and Safety Code.

1. Change without regulatory effect renumbering section 2745.2 to new section 5070.2, including amendment of subsections (a)-(b) and (g), filed 3-6-2024 (Register 2024, No. 10).