State
California Regulations
TITLE 19. PUBLIC SAFETY  DIVISION 2. OFFICE OF EMERGENCY SERVICES

database is current through 09/29/06, Register 2006, No. 39

s 2400. Short Title.
This Chapter shall be known and may be cited as the Standardized Emergency Management System (SEMS) Regulations.
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Section 8607, Government Code. 
  
 






s 2401. Purpose and Scope.
These regulations establish the Standardized Emergency Management System (SEMS) based upon the Incident Command System (ICS) adapted from the system originally developed by the Firefighting Resources of California Organized for Potential Emergencies (FIRESCOPE) program including those currently in use by state agencies, the Multi-Agency Coordination System (MACS) as developed by FIRESCOPE program, the operational area concept, and the Master Mutual Aid Agreement and related mutual aid systems.
SEMS is intended to standardize response to emergencies involving multiple jurisdictions or multiple agencies. SEMS is intended to be flexible and adaptable to the needs of all emergency responders in California.  SEMS requires emergency response agencies use basic principles and components of emergency management including ICS, multi-agency or inter-agency coordination, the operational area concept, and established mutual aid systems.  State agencies must use SEMS.  Local government must use SEMS  by December 1, 1996 in order to be eligible for state funding of response-related personnel costs pursuant to activities identified in California Code of Regulations, Title 19, s2920, s2925, and s2930. Individual agencies' roles and responsibilities contained in existing laws or the state emergency plan are not superseded by these regulations.
 

  Note: Authority cited: Sections 86075(a) and 8607(b), Government Code.  Reference: Section 8607, Government Code; and Sections 13071 and 13072, Health and Safety Code. 
  
 






s 2402. Definitions.
 (a) "Action Plan" means the plan prepared in the EOC containing the emergency response objectives of that SEMS level reflecting overall priorities and supporting activities for a designated period.  The plan is shared with supporting agencies.
(b) "Activate" means, at a minimum, a designated official of the emergency response agency implements SEMS as appropriate to the scope of the emergency and the agency's role in response to the emergency.
(c) "Department Operations Center" means an EOC used by a district discipline  (such as flood operations, fire, medical, hazardous material), or a unit (such as Department of Public Works or Department of Health). Department operations centers may be used at all SEMS levels above the field response level depending upon the impacts of the emergency.
(d) "Disaster Assistance Program" is a program that provides state funding or reimbursement for local government response-related personnel costs incurred in response to an incident as defined in Section 2402(i).
(e) "Emergency" means a condition of disaster or of extreme peril to the safety of persons and property caused by such conditions as air pollution, fire, flood, hazardous material incident, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestations or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake or other conditions, other than conditions resulting from a labor controversy.
(f) "Emergency Operations Center (EOC)" means a location from which centralized emergency management can be performed.
(g) "Emergency Response Agency" means any organization responding to an emergency, or providing mutual aid support to such an organization, whether in the field, at the scene of an incident, or to an operations center.
(h) "Emergency Response Personnel" means personnel involved with an agency's response to an emergency.
(i) "Incident" means an occurrence or event, either human-caused or by natural phenomena, that requires action by emergency response personnel to prevent or minimize loss of life or damage to property and/or natural resources.
(j)  "Incident Action Plan" means the plan developed at the field response level which contains objectives reflecting the overall incident strategy and specific tactical actions and supporting information for the next operational period. The plan may be oral or written.
(k) "Incident Commander" means the individual responsible for the command of all functions at the field response level.
(l) "Incident Command System (ICS)" means the nationally used standardized on-scene emergency management concept specifically designed to allow its user(s) to adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents without being hindered by jurisdictional boundaries.  ICS is the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure, with responsibility for the management of resources to effectively accomplish stated objectives pertinent to an incident.
(m) "Local Government" means local agencies as defined in Government Code s8680.2 and special districts defined in California Code of Regulations, Title 19, s2900(y).
(n) "Multi-agency or interagency coordination" means the participation of agencies and disciplines involved at any level of the SEMS organization working together in a coordinated effort to facilitate decisions for overall emergency response activities, including the sharing of critical resources and the prioritization of incidents.
(o) "Office of Emergency Services (OES)" means the Governor's Office of Emergency Services.
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Sections 8607, 8680.2 and 8558(c),  Government Code. 
  
 






s 2403. SEMS Organizational Levels and Functions.
 (a) All emergency response agencies shall use the Standardized Emergency Management System in responding to, managing, and coordinating multiple agency or multiple jurisdiction incidents, whether single or multiple discipline.
(b) There are five designated levels in the SEMS organization: field response, local government, operational area, regional, and state.  Each level is activated as needed.
(1) "Field response level" commands emergency response personnel and resources to carry out tactical decisions and activities in direct response to an incident or threat.
(2) "Local government level" manages and coordinates the overall emergency response and recovery activities within their jurisdiction.
(3) "Operational area level" manages and/or coordinates information, resources, and priorities among local governments within the operational area and serves as the coordination and communication link between the local government level and the regional level.
(4) "Regional level" manages and coordinates information and resources among operational areas within the mutual aid region designated pursuant to Government Code s8600 and between the operational areas and the state level. This level along with the state level coordinates overall state agency support for emergency response activities.
(5) "State level" manages state resources in response to the emergency needs of the other levels, manages and coordinates mutual aid among the mutual aid regions and between the regional level and state level, and serves as the coordination and communication link with the federal disaster response system.
(c) Local government, operational area, regional, and state levels shall provide for all of the following functions within SEMS: management, operations, planning/intelligence, logistics, and finance/administration.
(1) Management is responsible for overall emergency policy and coordination through the joint efforts of governmental agencies and private organizations.
(2) Operations is responsible for coordinating all jurisdictional operations in support of the response to the emergency through implementation of the organizational level's action plan.
(3) Planning/Intelligence is responsible for collecting, evaluating, and disseminating information; developing the organizational level's action plan in coordination with the other functions; and maintaining documentation.
(4) Logistics is responsible for providing facilities, services, personnel, equipment, and materials.
(5) Finance/Administration is responsible for financial activities and administrative aspects not assigned to the other functions.
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Sections 8607, 8559, 8605 and 8600, Government Code. 
  
 






s 2405. Field Response Level.
 (a) Emergency response agencies operating at the field response level of an incident shall utilize the Incident Command System, incorporating the functions, principles and components of ICS.
(1) The functions of ICS are command, operations, planning, logistics and finance.
(A) Command is the directing, ordering, and/or controlling of resources by virtue of explicit legal, agency, or delegated authority.

(B) Operations is responsible for the coordinated tactical response of all field operations directly applicable to or in support of the mission(s) in accordance with the Incident Action Plan.
(C) Planning (may be referred to as planning/intelligence) is responsible for the collection, evaluation, documentation, and use of information about the development of the incident, and the status of resources.
(D) Logistics is responsible for providing facilities, services, personnel, equipment, and materials in support of the incident.
(E) Finance (may be referred to as finance/administration) is responsible for all financial and cost analysis aspects of the incident, and for any administrative aspects not handled by the other functions.
(2) The principles of ICS are that:
(A) The system provides for the following kinds of operation: single jurisdictional responsibility/single agency involvement, single jurisdictional responsibility with multiple-agency involvement, and multiple-jurisdictional responsibility with multiple-agency involvement.
(B) The system's organizational structure adapts to any emergency or incident to which emergency response agencies would be expected to respond.
(C) The system shall be applicable and acceptable to all user agencies.
(D) The system is readily adaptable to new technology.
(E) The system expands in a rapid and logical manner from an initial response into a major incident and contracts just as rapidly as organizational needs of the situation decreases.
(F) The system has basic common elements in organization, terminology and procedures.
(3) The components of ICS are common terminology, modular organization, unified command structure, consolidated action plans, manageable span-of-control, predesignated incident facilities, comprehensive resource management, and integrated communications.

(A) Common terminology is the established common titles for organizational functions, resources, and facilities within ICS.
(B) Modular organization is the method by which the ICS organizational structure develops based upon the kind and size of an incident.  The organization's staff builds from the top down with responsibility and performance placed initially with the Incident Commander.  As the need exists, operations, planning, logistics, and finance may be organized as separate sections, each with several units.
(C) Unified command structure is a unified team effort which allows all agencies with responsibility for the incident, either geographical or functional, to manage an incident by establishing a common set of incident objectives and strategies.  This is accomplished without losing or abdicating agency authority, autonomy, responsibility or accountability.
(D) Consolidated action plans identify objectives and strategy determinations made by the Incident Commander for the incident based upon the requirements of the jurisdiction.  In the case of a unified command, the incident objectives must adequately reflect the policy and needs of all the jurisdictional agencies.  The action plan for the incident covers the tactical and support activities required for the operational period.
(E) Manageable span-of-control within ICS is a limitation on the number of emergency response personnel who can effectively be supervised or directed by an individual supervisor.  The kind of incident, the nature of the response or task, distance and safety will influence the span of control range.  The ordinary span-of-control range is between three and seven personnel.
(F) Predesignated incident facilities are identified within ICS.  The determination of the kinds and locations of facilities to be used will be based upon the requirements of the incident.
(G) Comprehensive resource management is the identification, grouping, assignment and tracking of resources.
(H) Integrated communications are managed through the use of a common communications plan and an incident-based communications center established for the use of tactical and support resources assigned to the incident.
(b) Where an agency has jurisdiction over multiple-agency incidents, it shall organize the field response using ICS to provide for coordinated decision-making with emergency response agencies.
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Sections 8607(a)(1) and (e), Government Code; and Sections 13071 and 13072, Health and Safety Code. 
  
 






s 2407. Local Governmental Level.
 (a) The Standardized Emergency Management System as described under SEMS Organizational Levels and Functions (s2403) shall be utilized:
(1) when the local government emergency operations center is activated.
(2) when a local emergency, as defined in Government Code s8558(c), is declared or proclaimed.
(b) When a local government EOC is activated, communications and coordination shall be established between the Incident Commander(s) and the department operations center(s) to the EOC or between the Incident Commander(s) and the EOC. Coordination of fire and law enforcement resources shall be accomplished through their respective mutual aid systems.
(c) Communications and coordination shall be established between a local governement EOC, when activated, and any state or local emergency response agency having jurisdiction at an incident occurring within that local government's boundaries.
(d) Local government shall use multi-agency or inter-agency coordination to facilitate decisions for overall local government level emergency response activities.
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Sections 8558(c), 8607(a) and (e), Government Code. 
  
 






s 2409. Operational Area Level.
 (a) "Operational Area Level" means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area. Each county geographic area is designated as an operational area.  An operational area is used by the county and the political subdivisions comprising the operational area for the coordination of emergency activities and to serve as a link in the system of communications and coordination between the state's emergency operation centers and the operation centers of the political subdivisions comprising the operational area, as defined in Government Code s8559(b) & s8605.  This definition does not change the definition of operational area as used in the existing fire and rescue mutual aid system.
(b) All local governments within the county geographic area shall be organized into a single operational area by December 1, 1995, and the county board of supervisors shall be responsible for its establishment.
(c) The operational area authority and responsibility under SEMS shall not be affected by non-participation of any local government(s) within the operational area.
(d) The county government shall serve as the lead agency of the operational area unless another member agency of the operational area assumes that responsibility by written agreement with county government.
(e) The lead agency of the operational area shall:
(1) Coordinate information, resources and priorities among the local governments within the operational area.
(2) Coordinate information, resources and priorities between the regional level and the local government level.  Coordination of fire and law enforcement resources shall be accomplished through their respective mutual aid systems.
(3) Use multi-agency or inter-agency coordination to facilitate decisions for overall operational area level emergency response activities.
(f) The operational area EOC shall be activated and SEMS used as described in the SEMS Organizational Levels and Functions (s2403) when any of the following conditions exists:
(1) A local government within the operational area has activated its EOC and requested activation of the operational area EOC to support their emergency operations.
(2) Two or more cities within the operational area have declared or proclaimed a local emergency.
(3) The county and one or more cities have declared or proclaimed a local emergency.
(4) A city, city and county, or county has requested a governor's proclamation of a state of emergency, as defined in Government Code s8558(b).
(5) A state of emergency is proclaimed by the governor for the county or two or more cities within the operational area.
(6) The operational area is requesting resources from outside its boundaries, except those resources used in normal day-to-day operations which are obtained through existing agreements providing for the exchange or furnishing of certain types of facilities and services on a reimbursable, exchange, or other basis as provided for under the Master Mutual Aid Agreement.
(7) The operational area has received resource requests from outside its boundaries, except those resources used in normal day-to-day operations which are obtained through existing agreements providing for the exchange or furnishing of certain types of facilities and services on a reimbursable, exchange, or other basis as provided for under the Master Mutual Aid Agreement.
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Sections 8607(a), 8558(c), 8559(b), 8605, 8561, 8616, 8617, 8618, Government Code. 
  
 






s 2411. Regional Level.
 (a) The regional level EOC shall be activated and SEMS used as described in SEMS Organizational Levels and Functions (s2403) when any operational area EOC within the mutual aid region is activated.
(b) The lead agency for establishment of the regional level EOC shall be OES.
(c) The location of the regional level EOC shall be identified by OES to accommodate the needs of the operational area(s) served.
(d) When the regional level EOC is activated, communications and coordination shall be established with the operational area(s), the state level EOC, and regional level department operations centers. Coordination of fire and law enforcement resources shall be accomplished through their respective mutual aid systems.
 (e) The regional level shall use multi-agency or inter-agency coordination to facilitate decisions for overall regional level emergency response activities.
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Sections 8607(a), 8600 and 8559(a), Government Code. 
  
 






s 2413. State Level.
 (a) The state level EOC shall be activated and SEMS used as described in SEMS Organizational Levels and Functions (s2403) when any of the following conditions exists:
(1) A regional level EOC is activated.
(2) Upon the governor's proclamation of a state of emergency.
(3) Upon the governor's proclamation of an earthquake or volcanic prediction.
(b) The lead agency for establishment of the state level EOC shall be OES.
(c) When the state level EOC is activated, communications and coordination shall be established with the regional level EOC(s), state level department operations centers, and federal emergency response agencies.  Coordination of fire and law enforcement resources shall be accomplished through their respective mutual aid systems.
(d) The state level shall use multi-agency or inter-agency coordination to facilitate decisions for overall state level emergency response activities.
 

  Note: Authority cited: Section 8607(a).     Reference: Sections 8607(a) and  8558(b), Government Code. 
  
 






s 2415. Mutual Aid.
 (a) "Mutual Aid" means voluntary aid and assistance by the provision of services and facilities, including but not limited to: fire, police, medical and health, communication, transportation, and utilities.  Mutual aid is intended to provide adequate resources, facilities, and other support to jurisdictions whenever their own resources prove to be inadequate to cope with a given situation.
(b) "Mutual Aid System" means the system which allows for the progressive mobilization of resources to/from emergency response agencies, local governments, operational areas, regions, and the state with the intent of providing adequate responces to requesting agencies. The California mutual aid system includes several discipline-specific mutual aid systems (e.g., fire and rescue, law enforcement, medical and public works) which are consistent with the Master Mutual Aid Agreement.
(c) All mutual aid systems and agreements shall be consistent with SEMS and the Master Mutual Aid Agreement.
(d) Unless otherwise provided by agreement, the responsible local official in whose jurisdiction(s) an incident requiring mutual aid has occurred remains in charge and retains overall direction of personnel and equipment provided through mutual aid (as provided for in Government Code s8618).
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Sections 8607(a)(3), 8561, 8616, 8617 and 8618, Government Code. 
  
 






s 2425. Establishment and Purpose.
The Director, OES, shall establish the SEMS Advisory Board consisting of representatives from emergency response agencies to provide advice on all aspects of this Chapter.
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Sections 8607(a) and 8587, Government Code. 
  
 






s 2428. Minimum Performance Objectives.
 (a) Emergency response agencies shall determine the appropriate level(s) of SEMS instruction for each member of their staff, based upon the staff member's potential assignment during an emergency response.
(b) Emergency response agencies shall ensure that their emergency response personnel can demonstrate and maintain, to the level deemed appropriate, the minimum SEMS performance objectives required by their agencies' training programs. Agencies shall use the Minimum Performance Objectives contained in the Approved Course of Instruction (ACI) Syllabus dated March 1, 1995, which are hereby incorporated by reference, as the basis for their training programs. Minimum Performance Objectives are contained in Paragraph D of each Course Module description.
(c) SEMS minimum performance objectives shall be met through completion of materials from the ACI, completion of equivalent courses of instruction, or through incorporation of the objectives into exercises.
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Sections 8607(a) and (e), Government Code. 
  
 






s 2443. General Provisions.
 (a) Local government must use SEMS in order to be eligible for state funding of response-related personnel costs occurring in response to an incident as defined in s 2402(i). All state agencies shall use SEMS to coordinate multiple jurisdiction or multiple agency emergency and disaster operations.
(b) Compliance with SEMS shall be documented in the areas of planning, training, exercises, and performance.
(c) All applicants for reimbursement of response-related personnel costs shall self-certify compliance with s2445, 2446, 2447, and 2448. This self-certification shall be submitted in writing with the application.
(d) Evidence of compliance with SEMS as set forth in s2445, 2446, 2447, and 2448 shall be available for review.
(e) When the OES Director determines sufficient evidence exists to warrant a SEMS Compliance review, a Review Team shall be established to evaluate the compliance with SEMS of any local government which has requested funding of its response-related personnel costs under disaster assistance programs, or any operational area or state agency. The OES Director shall notify the local government, operational area, or state agency being evaluated, the SEMS Advisory Board, and the fund(s) administrator of any disaster assistance program of the establishment of the Review Team. At a minimum, participants on the Review Team shall include peers of the entity being evaluated, OES staff, and others knowledgeable in emergency operations and SEMS. The Review Team shall meet with the local government, operational area, or state agency being evaluated and solicit all pertinent information. The team may also review records and interview persons knowledgeable on the SEMS compliance activities of the entity being evaluated. The Review Team shall report its findings to the local government, operational area, or state agency that was evaluated, the SEMS Advisory Board, and the OES Director. This report must be issued within ninety (90) days of the establishment of the Review Team.
(f) The SEMS Advisory Board shall examine the Review Team's report within sixty (60) days of submittal of the report. The SEMS Advisory Board shall also consider additional information pertinent to the evaluation. The local government, operational area, or state agency being evaluated may submit additional information to the Board, either verbally or in writing.  After consideration, the SEMS Advisory Board shall submit a recommendation to the OES Director. A copy of the recommendation shall be forwarded to the local government, operational area, or state agency being evaluated.
(g) The OES Director shall make a determination on whether or not the local government, operational area, or state agency being evaluated was in compliance with SEMS. This determination shall be forwarded to the local government, operational area, or state agency being evaluated by certified letter within thirty (30) days of the SEMS Advisory Board's recommendation. A copy of the determination shall be provided to the fund(s) administrator of any disaster assistance program.
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Sections 8607(e), 8682.9 and 8558(c), Government Code. 
  
 






s 2444. Appeal Process.
 (a) In the event the local government, operational area, or state agency being evaluated disagrees with the determination of the OES Director, the local government, operational area, or state agency may request a reconsideration of the determination. The request must be submitted within thirty (30) days of receipt of the letter of determination.
(b) The request for reconsideration shall be in writing and indicate why the local government, operational area, or state agency disagrees with the decision, any new or additional pertinent information, and any legal authority or other basis for the disagreement with the determination.
(c) The OES Director shall review the request for reconsideration and make a determination. The local government, operational area, or state agency that submitted the request for reconsideration shall be notified of the OES Director's decision by certified letter within thirty (30) days of receipt of the request for reconsideration. A copy of the determination shall be provided to the fund(s) administrator of any disaster assistance program.
(d) The OES Director's decision shall be considered final for the purposes of the appeal process.
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Section 8607(e), Government Code. 
  
 






s 2445. Planning.
Local governments, operational areas, and state agencies shall include the use of SEMS in emergency plans and procedures pursuant to s2403, 2405, 2407, 2409, 2411, 2413 and 2415.
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Sections 8607(a), 8607(b), 8607(c) and 8607.2(c), Government Code. 
  
 






s 2446. Training.
Local governments, operational areas, and state agencies shall document SEMS training provided to its emergency response personnel pursuant to s2428.
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Section 8607(c), Government Code. 
  
 






s 2447. Exercises.
Local governments, operational areas, and state agencies shall incorporate the use of SEMS pursuant to s2403, 2405, 2407, 2409, 2411, 2413 and 2415 at all levels of operation when exercises are performed.
 

  Note: Authority cited: Sections 8607(a) and 8607.2(c), Government Code.  Reference: Sections 8607(c) and 8607.2(c), Government Code. 
  
 






s 2448. Performance.
Local governments, operational areas, and state agencies shall document the use of SEMS. Documentation shall include activities performed pursuant to s2403, 2405, 2407, 2409, 2411, 2413 and 2415 during the emergency.
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Section 8607(d), Government Code. 
  
 






s 2450. Reporting Requirements.
 (a) Any city, city and county, or county declaring a local emergency for which the governor proclaims a state of emergency, and any state agency responding to that emergency shall complete and transmit an after action report to OES within ninety (90) days of the close of the incident period as specified in California Code of Regulations, Title 19, s2900(j).
(b) The after action report shall, at a minimum, be a review of response actions taken, application of SEMS, suggested modifications to SEMS, necessary modifications to plans and procedures, identified training needs, and recovery activities to date.
 

  Note: Authority cited: Section 8607(a), Government Code. Reference:  Section 8607(f), Government Code. 
  
 






s 2501. Individual and Family Grant Program for Emergencies and Major Disasters.
Whenever the Governor has proclaimed a State of Emergency and the President has declared an emergency or a major disaster to exist in the State, and has authorized the Individual and Family Grant Program (IFGP) as prescribed by Section 408 of the Federal Disaster Relief Act of 1974 (Public Law 93-288), the Governor shall direct the Office of Emergency Services (OES) to take any steps necessary to make the grant program available to he residents of the State.
The OES may designate a State agency to administer the Individual and Family Grant Program, and in accordance with Government Code Section 8654(c) develop the California Administrative Plan for IFGP. The designated agency may contract with local agencies in the affected counties to assist in implementing the program.
Administration of IFGP will be performed in accordance with the terms of the California Administrative Plan for IFGP and with 24 CFR 2205.48.
Eligibility for grants of up to $5,000 will be determined in accordance with the criteria established in 24 CFR 2205.48 and other Housing and Urban Development Department regulations.
The California Administrative Plan for IFGP and the federal regulations referred to above, describe procedures for application and administration; methods of investigation, processing, and approving applications; formation of local or statewide review boards to pass upon applications; and procedures for appeals.
 

  Note: Authority cited: Sections 8587 and 8654, Government Code. Reference: Section 8654, Government Code. 
  
 






s 2510. Definitions.
 (a) "Haz Mat" stands for Hazardous Materials which means a substance which, by its nature, containment and reactivity, has the capability of inflicting harm during an accidental occurrence; characterized as being toxic, corrosive, flammable, reactive, an irritant or strong sensitizer and thereby posing a threat to health and the environment when improperly managed.
(b) "Hazardous Chemicals" is a term used by the United States Occupational Safety and Health Administration (OSHA) to denote any chemical that would be a risk to employees if exposed in the workplace. The list of hazardous chemicals is found in OSHA title 29 CFR 1910.1000.
(c) "Hazardous Substances," a term used by the California Occupational Safety and Health Administration's CA Code Regs. Title 8, Section 5192(a)(3)(A), encompasses every chemical regulated by both the Department of Transportation's "hazardous materials" (49 CFR 172.101 and appendices) and the Environmental Protection Agency's "hazardous waste" (40 CFR 261.33), including emergency response (29 CFR 1910.120).
(d) "Hazardous Waste" materials are mixtures of waste which require special handling and disposal because of their potential to damage health and the environment.
(e) "United Nations Hazard Classes" consist of eight classes of hazardous materials as categorized and defined by the Department of Transportation in Federal Register Volume 55, No. 246, Dec. 21, 1990, pages 52402-52729.
(f) "First Responder Awareness Level" are individuals who are likely to witness or discover a hazardous substance release and who have been trained to initiate an emergency response sequence by notifying the proper authorities of the release. They would take no further action beyond notifying the authorities of the release.
(g) "First Responder Operations Level" are individuals who respond to releases or potential releases of hazardous substances as part of the initial response to the site for the purpose of protecting nearby persons, property, or the environment from the effects of the release. They are trained to respond in a defensive fashion without actually trying to stop the release. Their function is to contain the release from a safe distance, keep it from spreading, and prevent exposures.
(h) "Department of Transportation" assures the coordinated, effective administration of the transportation programs of the Federal Government and develops national transportation policies and programs conducive to the provision of fast, safe, efficient and convenient transportation at the lowest cost consistent therewith.
(i) "Material Safety Data Sheet" (MSDS), is a document which contains information regarding the specific identity of hazardous chemicals, including information on health effects, first aid, chemical and physical properties, and emergency phone numbers.
(j) "Exposure" is the subjection of a person to a toxic substance or harmful physical agent through any route of entry.
(k) "Hazardous Materials at the Technician Level" are individuals who respond to releases or potential releases for the purpose of stopping the release. They assume a more aggressive role than a first responder at the operational level in that they will approach the point of release in order to plug, patch, or otherwise stop the release of a hazardous substance.
(l) "Hazardous Materials at the Specialist Level" are individuals who respond with, and provide support to, hazardous materials technicians. Their duties require a more directed or specific knowledge of the various substances they may be called upon to contain. The hazardous materials specialist would also act as the site liaison to federal, state, local and other government authorities in regards to site activities.
(m) "Protective Clothing or Personal Protective Equipment" (PPE), is the equipment provided to shield or isolate a person from the chemical, physical, and thermal hazards that may be encountered at a hazardous materials incident. Adequate personal protective equipment should protect the respiratory system, skin, eyes, face, hands, feet, head, body, and hearing. Personal protective equipment includes both personal protective clothing and self-contained positive-pressure breathing apparatus.
(n) "Containment" includes all activities necessary to bring the incident to a point of stabilization and to establish a degree of safety for emergency personnel greater than that which existed upon arrival.
(o) "Decontamination (Decon)" is the physical and/or chemical process of reducing and preventing the spread of contamination from persons and equipment used at a hazardous materials incident.
(p) "Incident Commander" (IC), is the person responsible for all decisions relating to the management of the incident.
(q) "Incident Command System" (ICS), is an organized system of roles, responsibilities, and standard operating procedures used to manage and direct emergency operations.
(r) "BLEVE" stands for Boiling Liquid Expanding Vapor Explosion.
(s) "Public Information Officer" (PIO), is the individual assigned to act as the liaison between the Incident Commander and the news media.
(t) "Uniform Hazardous Waste Manifest" is the shipping document, originated and signed by the waste generator or an authorized representative, that contains the information required and must accompany shipments of hazardous waste.
(u) "Level of Protective Clothing" includes positive-pressure breathing apparatus, designations of types of personal protective equipment to be worn based on NFPA standards: Level A includes vapor-protective suit for hazardous chemical emergencies, Level B includes liquid-splash protective suit for hazardous chemical emergencies, Level C includes limited-use protective suit for hazardous chemical emergencies.
(v) "Safety Officer" is the person at a hazardous materials incident responsible for assuring that all operations performed at a hazardous materials incident, by all members present, are done with respect for the highest levels of safety. He/she has full authority to alter, suspend, or terminate any activity that may be judged to be unsafe, and reports to the Incident Commander.
(w) "Executive Manager" means the chief executive officer, department head, or key management staff of an agency, organization, or jurisdiction, who has oversight responsibilities for hazardous materials incidents.
(x) "Pre-Event Planning" is the process associated with preparing for the response to a hazard by developing plans, identifying resources, conducting exercises, and other techniques to improve an agency's or organization's response capabilities.
(y) "Event-Specific Plan" is initially prepared at the first meeting of emergency personnel who have responded to an incident. The Event Specific Plan contains general control objectives reflecting overall incident strategy, and specific action plans.
(z) "Mutual Aid" is an agreement to supply specifically agreed upon aid or support in an emergency situation between two or more agencies, jurisdictions, or political subdivisions.
(aa) "Emergency Operations Center" (EOC), is the protected site where government officials exercise centralized direction and control in an emergency. Additionally, the EOC serves as a resource center and coordination point for additional field assistance. It also provides executive directives and acts as a liaison to the State and Federal Government, and, considers and mandates protective actions.
(bb) "Investigations" - The systematic search or inquiry into the particulars of an incident, and the collecting of the necessary evidence to seek criminal and/or civil prosecution.
(cc) "Risk Management Protection Plan" has statutory requirements in Health and Safety Code, section 25534, subsection (1). A plan which encompasses, among other appropriate elements: structured assessment of hazards, formal personnel training program, procedures of periodic safety reviews of operating equipment and procedures, schedules for testing the program, procedures for the purpose of reducing the probability of accidents.
(dd) "Monitoring" to determine contamination levels and atmospheric conditions by observation and samples.
(ee) "Monitoring Equipment" are instruments and devices used to identify, qualify, and/or quantify contaminants.
(ff) "Environmental Monitoring" is the use of instruments and other techniques to determine the presence or levels of hazardous materials.
(gg) "Field Training Program" refers to the California Hazardous Substances Incident Response Training and Education Program as defined in section 8574.20 of the California Government Code.
(hh) "CSTI" refers to the "California Specialized Training Institute".
(ii) "Authorized Representative". Any person, or group of people, authorized in writing by the Chief of the Hazardous Materials Section of CSTI to: conduct specific tasks related to the administration or delivery of training activities that are part of the California Hazardous Substances Incident Response Training and Education Program; conduct audits under the provisions of this program; or perform other specific tasks as directed by the Chief of the Hazardous Materials Section.
(jj) "Course Manager". The individual California State Certified Hazardous Materials Instructor responsible for ensuring that a certified course meets the requirements of these regulations.
(kk) "Instructor". An individual person who instructs a portion of a certified course, assists with an exercise in a certified course or performs other acts or tasks in support of the instruction of a certified class.
(ll) "Certified Class". A class that meets the requirements of the regulations regarding the California Hazardous Substances Incident Response Training and Education Program (Title 19, California Code of Regulations, Division 2, Chapter 1, Sub-Chapter 2, Sections 2510-2560).
(mm) "EMT-P". A person certified as an Emergency Medical Technician at the Paramedic level as per standards set forth by the Emergency Medical Services Authority.
(nn) "EMT-1". A person certified as an Emergency Medical Technician Level 1 by the Emergency Medical Services Authority.
 

  Note: Authority cited: Section 8574.20(a), Government Code. Reference: Hazardous Substances Emergency Response Training, Section 8574.20(b), Government Code. 
  
 






s 2520. Student Certification Curriculum.
 (a) Haz Mat Emergency Response - First Responder Awareness Level.
(1) Certified curriculum for First Responder Awareness Level shall include all of the following course objectives:
(A) Student shall define the term "hazardous materials"; identify how hazardous materials can harm people, the environment and property; and state the role of the First Responder at the Awareness level as defined by Title 8 California Code of Regulations s5192(q)(6)(A).

(B) Student shall recognize a Haz Mat incident through basic clues, warning signs, placards, labels, shipping papers, and material safety data sheets; identify, from a safe distance, the hazardous substance(s) present at the incident; understand the need for a positive safety attitude; and, describe a safe approach to a Haz Mat incident.
(C) Student shall describe first responder awareness actions, understanding the need for responder safety, isolation of the incident scene, the need for additional resources and making required notifications.
(D) Student shall identify the purpose and need to safely initiate command; cite basic identification and assessment techniques; demonstrate the use of the Department of Transportation North American Emergency Response Guidebook (current DOT NAERG) for basic action planning.
(2) Certified curriculum for First Responder Awareness Level shall include all of the current course material listed in Section 2540(t).
(3) Certified curriculum for First Responder Awareness Course shall be a minimum of 4 hours in length.

(4) Certified curriculum for First Responder Awareness Course shall include the following training exercise:
(A) Participation in a table-top exercise including successful completion of the following objectives:
(i) Determine if a hazardous material exists and what notifications are necessary;
(ii) Identify safety techniques, isolation methods, and agencies and resources needed;
(iii) Conduct safe identification and assessment using the current NA ERG; and,
(iv) Identify essential information to give to the Incident Commander.
(5) Certified curriculum for First Responder Awareness Course shall include the following evaluation method:
(A) Completion of a CSTI certified First Responder Awareness written exam with a minimum passing score of 70% correct.
(6) Certification for participants in the First Responder Awareness Course shall include successful completion of a certified course as referenced in section 2520(a) as delivered by a CSTI certified instructor as referenced in section 2530. Student shall meet a minimum attendance of 4 hours, accomplish all objectives, participate in the training exercise and complete the evaluation method at the 70% standard as referenced in section 2520 (a).
(b) Haz Mat Emergency Response - First Responder Operations Level.
(1) Certified curriculum for First Responder Operations Level shall include all of the course objectives in Section 2520(a)(1) and all of the following course objectives:
(A) Student shall state the role of the First Responder at the Operations level as defined by Title 8 California Code of Regulations s5192(q)(6)(B).
(B) Student shall define basic terms used in emergency responses to releases of hazardous materials.

(C) Student shall describe basic first responder operations initial actions.
(D) Student shall explain the purpose, need and benefits, of scene management; describe the basic implementation of the Incident Command System (ICS) to manage a Haz Mat incident; and, demonstrate proper information flow from First Responder to Incident Commander at an incident command post.
(E) Student shall describe identification and assessment techniques and demonstrate the use of the current Department of Transportation North American Emergency Response Guidebook for basic action planning.
(F) Student shall explain the need for, types, selection criteria and limits of protective equipment commonly used in Haz Mat incidents.
(G) Student shall describe the value, methods and limitations of stabilizing the Haz Mat incident through safe containment; and, describe the proper protective action and rescue options available to first responders, within their capabilities and resources.
(H) Student shall identify the need for the appropriate decontamination of the victims, emergency response personnel and equipment, in order to avoid additional contamination; and, describe proper disposal and documentation procedures during a Haz Mat response.
(I) Student shall identify the need and method to communicate and coordinate with typical agencies from all levels of government having authorized activities dealing with a Haz Mat event, citing those agencies, their roles/responsibilities and capabilities.
(J) Student shall identify the local contingency plan to follow in his/her jurisdiction when dealing with a Haz Mat incident; and to describe the purpose, value, components, and limits of both pre-event and event-specific planning.
(K) Student shall describe the health effects that Haz Mats present to the first responder's life safety.
(L) Student shall describe a process for a safe and competent response to a Haz Mat incident, including explanation of the "risk vs. gain" concept.
(M) Student shall demonstrate proper and safe first-responder actions in a simulated Haz Mat incident.

(N) Student shall identify the legal role and rights of the media at a Haz Mat incident; describe the media capabilities that may aid in the incident response; and, cite basic Haz Mat legal aspects.
(2) Certified Curriculum for First Responder Operations Level shall include all of the current course material listed in Section 2540(t).
(3) Certified curriculum for First Responder Operations Course shall be a minimum of 16 hours in length if the class participants have not had First Responder Awareness training meeting the minimum competencies specified in Title 8, California Code of Regulations, Section 5192(q). If all of the class participants have had such training and present proof of that to the Course Manager then the minimum hours for a Certified Course may be 12 hours. A Certified Course 12 hours in length shall meet only the course objectives of this Section and may delete the course objectives in Section 2520(a)(1).
(4) Certified curriculum for First Responder Operations Course shall include the following training exercises:
(A) Demonstrate proper use of the current Department of Transportation North American Emergency Response Guide Book  to include the following:

(i) Given ten or more United Nations four digit numbers and or chemical names, participants will identify guide number including primary hazard, basic actions, and isolation and protective action distances as needed.
(B) Participation in a simulated field Haz Mat exercise including successful completion of the following objectives:
(i) Demonstrate proper safety, isolation and notifications for a simulated Haz Mat incident;
(ii) Based on a simulated Haz Mat release, demonstrate the basic identification process using the current DOT guidebook;
(iii) Based on an identification and hazard assessment process, identify the proper safe containment and protective action options; and,
(iv) Identify essential information to be given by the First Responder to the Incident Commander.
(5) Certified curriculum for First Responder Operations Course shall include the following evaluation method:
(A) Completion of a CSTI certified First Responder Operations written exam with a minimum passing score of 70% correct.
(6) Certification for participants in the First Responder Operations Course shall include successful completion of a certified course as referenced in section 2520(b) as delivered by a CSTI certified instructor as referenced in section 2530. Student shall meet a minimum attendance of 16 hours, except as noted in Paragraph (3) of this Section, accomplish all objectives, participate in training exercises and complete the evaluation method at the 70% standard as referenced in section 2520(b).
(c) Haz Mat Emergency Response - Incident Commander.
(1) Certified curriculum for Incident Commander Level shall include all of the course objectives in Section 2520(a)(1), Section 2520(b)(1) and all of the following course objectives except as noted in paragraph (3) of this Section:
(A) Student shall state the role of the Incident Commander (IC) as defined by applicable OSHA regulations.

(B) Student shall demonstrate the ability to collect and interpret hazard and response information from sources such as printed reference material, computer databases and other technical resources.
(C) Student shall demonstrate the ability to write strategic incident objectives for a simulated emergency response to a release of hazardous materials.
(D) Student shall explain the purpose, need, and elements of command/scene management; and, demonstrate capability to implement ICS.
(E) Student shall explain identification and hazard assessment techniques to aid the IC in action planning for a Haz Mat incident.
(F) Student shall explain the hazards, risks and limits of protective equipment commonly used in Haz Mat incidents; and, cite the role of the Incident Commander regarding the selection and use of personal protective equipment.
(G) Student shall identify the IC role in selecting safe containment and control methods to stabilize a hazardous materials incident.

(H) Student shall describe two primary Haz Mat protective action options, identify factors to evaluate in selecting a protective action option  and cite their practical application.
(I) Student shall describe steps to bring the incident to final closure after stabilization, providing for proper decontamination and cleanup; and cite the role of the Incident Commander in decontamination.
(J) Student shall cite basic Haz Mat disposal requirements and cite funding sources with available to the IC.
(K) Student shall identify the need for documentation at Haz Mat incidents; and demonstrate ability to properly complete pertinent reports.
(L) Student shall identify government and private sector resources available to assist in an emergency response to a release of hazardous materials and state their jurisdiction, authority and capabilities.
(M) Student shall understand their own local pre-event Haz Mat plan; how to implement the management system used in that plan; be aware of the state plan; and describe the role of the federal regional response teams.
(N) Student shall explain the role of IC regarding response personnel's safety.
(O) Student shall describe a process for the management of a safe and competent response to a Haz Mat incident, including explanation of the risk vs. gain concept.
(P) Student shall identify the legal role and rights of the media in a Haz Mat incident and understand media capabilities to aid the IC.
(Q) Student shall identify the need for investigations of releases of hazardous materials and the role of the Incident Commander in those investigations.
(R) Student shall explain value, types, and limits of exercises and critiques.
(S) Student shall state the purpose of and the criteria for the activation of an Emergency Operation Center and cite how it is a resource to aid in managing a Haz Mat disaster.
(T) Student shall cite current Haz Mat laws and potential legal liabilities pertinent to the IC's employer.
(2) Certified curriculum for Incident Commander Level shall include all of the current course material listed in Section 2540(t).
(3) Certified curriculum for an Incident Commander Course shall be a minimum of 32 hours in length if the class participants have not had First Responder Operations training meeting the minimum competencies specified in Title 8, California Code of Regulations, Section 5192(q). If all of the class participants have had such training and present proof of that to the Course Manager then the minimum hours for a Certified Course may be 24 hours. A Certified Course 24 hours in length shall meet only the course objectives of this Section and may delete the course objectives in Section 2520(a)(1) and Section 2520(b)(1) and the training exercise in paragraph (4)(A) of this Section.
(4) Certified curriculum for Incident Commander Course shall include the following training exercises:
(A) Demonstrate proper use of the current Department of Transportation North American Emergency Response Guide Book to include the following:

(i) Given ten or more United Nations four-digit numbers and or chemical names, participants will identify guide number, including primary hazard, basic actions, and isolation and protective action distances as needed.
(B) Participation in a tabletop exercise or simulated field functional Haz Mat exercise including successful completion of the following objectives:
(i) Demonstrate the ability to assume ICS command and general staff positions, set up a unified command post, and establish communication and coordination with all response agencies during a simulated Haz Mat incident;
(ii) Based on a simulated Haz Mat incident, manage a complete identification and hazard assessment process;
(iii) Based on a complete identification and hazard assessment process, write an incident action-plan leading to the mitigation of a simulated Haz Mat incident; and,
(iv) Demonstrate the ability of command to ensure the safety of all responders by completing an ICS Form 208 HM, Revised 3/98, (Site Safety and Control Plan).

(5) Certified curriculum for Incident Commander Course shall include the following evaluation method:
(A) Completion of a CSTI certified IC written exam with a minimum passing score of 70% correct.
(6) Certification for participants in the Incident Commander Course shall include successful completion of a certified course as referenced in section 2520 (c) as delivered by a CSTI certified instructor as referenced in section 2530. Student shall meet a minimum attendance of 32 hours (or 24 hours for a class meeting the requirements of paragraph (3) of this Section), accomplish all objectives, participate in training exercises (except as noted in paragraph (3) of this Section) and complete the evaluation method at the 70% standard as referenced in section 2520 (c).
(d) Hazardous Materials Emergency Response - Executive Management.
(1) Certified curriculum for Hazardous Materials Emergency Response - Executive Management Course shall include all of the following course objectives:

(A) Student shall understand the current Haz Mat problem, compare the various levels of Haz Mat responders, and identify the role of Executive Manager in a Haz Mat day-to-day emergency and disaster response.
(B) Student shall grasp an awareness of laws pertaining to, and liability incurred by, government response personnel, Executive Managers, and the jurisdiction itself, when planning for, and responding to, a Haz Mat emergency/disaster.
(C) Student shall identify the essential components of 29 CFR 1910.120 and  Title 8, CCR section 5192 as they pertain to planning, response, training and safety requirements for government agencies responding to a Haz Mat emergency/disaster.
(D) Student shall understand need to communicate and coordinate with any agency having authorized activities dealing with a Haz Mat incident, recognizing agencies' essential roles, needs, and limits; and, describe the purpose, essential components, value and limits of Haz Mat pre-event and event-specific plans.
(E) Student shall understand the needs of agency personnel providing the operational response to a field Haz Mat emergency, and describe the responsibilities of management for the safety of those personnel, including regulations requiring specified safety standards for Haz Mat responders.
(F) Student shall identify the Haz Mat emergency responders' operational actions and limits, explaining required notifications, resources, and mutual aid concepts while responding to, and managing, a Haz Mat emergency/disaster.
(G) Student shall describe the purpose and need to safely initiate command, and identify need and resources for identification and assessment of Haz Mat, so as to initiate action to mitigate the Haz Mat emergency/disaster.
(H) Student shall explain the need for, types and limits of protective equipment commonly used in Haz Mat emergencies, identify methods to stabilize the incident through safe containment, and describe primary Haz Mat protective action options.
(I) Student shall describe the legal role and need of the media at a Haz Mat incident, and understand media capabilities and limitations to aid in the response.

(J) Student shall understand need and components of a Haz Mat scene management system, and identify use of ICS to assume command and general staff positions to manage the incident.
(K) Student shall understand value and need for proper decontamination and cleanup including issues for contracting with cleanup companies.
(L) Student shall grasp an awareness of Haz Mat disposal requirements and funding sources with potential impact to the Executive Manager.
(M) Student shall identify the need for documentation at Haz Mat incident, and essential components of a Haz Mat report.
(N) Student shall describe the purpose and activation of an EOC and identify the common ICS positions that may report to the EOC during a Haz Mat disaster response.
(O) Student shall explain value, types, and limits of training, exercises and critiques.
(P) Student shall identify need and steps for investigations leading to possible prosecution of the responsible party of the Haz Mat incident.
(Q) Student shall describe the need and possible strategies for mitigation of, and recovery from, a Haz Mat emergency/disaster.
(2) Certified curriculum for Hazardous Materials Emergency Response - Executive Management Course shall include all of the current course material listed in Section 2540(t).
(3) Certified curriculum for Hazardous Materials Emergency Response - Executive Manager Course shall be a minimum of 8 hours in length.
(4) Certified curriculum for Hazardous Materials Executive Emergency Response - Manager Course shall include all of the following training exercises:
(A) Participation in a simulated tabletop exercise including the successful completion of the following objectives:
(i) Identify criteria to activate the EOC;
(ii) Identify staffing by ICS titles and responsibilities for those required to report to the EOC;
(iii) Identify the use of single or unified command in the EOC.
(B) Completion of a draft Haz Mat policy and/or report regarding one of the following subject areas:
(i) Use of scene management system at a Haz Mat incident;
(ii) Safety requirements at a Haz Mat incident;
(iii) Planning requirements before and during a Haz Mat incident;
(iv) Training and exercising requirements for a Haz Mat incident;
(v) Mitigation program for Haz Mat incident;
(vi) Public information program for Haz Mat incident;
(vii) Recovery program for Haz Mat incident; and,

(viii) EOC activation, set-up, and staffing policy.
(5) Certification for participants in the Hazardous Materials Emergency Response - Executive Management Course shall include successful completion of a certified course as referenced in section 2520(d) as delivered by a CSTI certified instructor as referenced in section 2530. Student shall meet a minimum attendance of eight hours, accomplish all objectives, and participate in training exercises as referenced in section 2520(d).
(e) Hazardous Materials Emergency Response - Hazardous Materials Investigations.
(1) Certified curriculum for Hazardous Materials Investigations Course shall include all of the following course objectives:
(A) Student shall recognize the need for hazardous materials investigations and develop procedures for proper identification, containment, evidence gathering and preliminary investigation report completion.
(B) Student shall understand proper state and federal laws and regulations dealing specifically with hazardous materials investigations.

(C) Student shall identify safety considerations and determine the characteristics of a hazardous materials incident and the possibility of a violation of a law or regulation.
(D) Student shall demonstrate how to safely and competently respond to a hazardous materials incident and conduct an investigation within the limitations of available resources and capabilities.
(E) Student shall explain the need for, types, selection criteria and limits of protective equipment commonly used in hazardous materials incidents.
(F) Student shall recognize the need for and the processes involved in obtaining and serving search and inspection warrants.
(G) Student shall understand the reason for and methods for comprehensive documentation of a hazardous materials incident investigation.
(H) Student shall identify the need to communicate and the appropriate methods necessary to coordinate communication with any and all agencies having authority at hazardous materials incidents, and shall further insure that each agency's role and capability is recognized.
(I) Student shall develop techniques for interviewing witnesses and interrogating suspects at a hazardous materials incident.
(J) Student shall demonstrate proper methods of sampling, evidence collection, and preservation for chemicals and wastes at a hazardous materials incident.
(K) Student shall demonstrate proper safe and competent response to a simulated hazardous materials crime scene.
(L) Student shall demonstrate proper preliminary investigation report preparation by submitting documentation and evidence to the course coordinator for approval.
(M) Student shall identify the role and assignment of investigators within the Incident Command System.
(N) Student shall recognize specific characteristics and considerations associated with hazardous materials investigations at fixed facilities.

(O) Student shall recognize specific characteristics and considerations associated with hazardous materials investigations at transportation incidents.
(P) Student shall understand the importance of effectively working with the media.
(Q) Student shall recognize major information sources useful to investigators in conducting follow-up hazardous materials investigations.
(2) Certified curriculum for the Hazardous Materials Investigations Course shall include all of the current course material listed in 2540(t).
(3) Certified curriculum for Hazardous Materials Investigations Course shall be 40 hours in length.
(4) Certified curriculum for Hazardous Investigations Course shall include the following training exercises:
(A) Demonstrate proper safe and competent response to a simulated hazardous materials incident or crime scene; and,

(B) Demonstrate proper preparation of a preliminary investigation report which will be submitted to the course coordinator for review, comment and approval.
(5) Certification for participants in the Hazardous Materials Investigations Course shall include successful completion of a certified course as referenced in section 2520(e) as delivered by a CSTI certified instructor as referenced in section 2530. Student shall accomplish all objectives, and participate in training exercises as referenced in section 2520(e). Student shall attend 40 hours of training as defined by Title 19 s 2540(j)(4).
(f) Hazardous Materials Emergency Response - Environmental Monitoring.
(1) Certified curriculum for Hazardous Materials Emergency Response Environmental Monitoring Course shall include all of the following course objectives:
(A) Student shall understand the basics of Haz Mat sampling, including method selection criteria, purpose and objective, types of samples, and development of a sampling plan.
(B) Student shall identify analytical standards used for air and soil/water samples.
(C) Student shall identify the levels of protection of monitoring personnel.
(D) Student shall identify basic air surveillance and soil/water equipment used during a Haz Mat incident.
(E) Student shall understand the documentation and chain-of-custody procedures at a Haz Mat sampling site.
(F) Students shall identify packaging, marking, labeling and shipping of Haz Mat samples.
(G) Student shall identify legal considerations dealing with the sampling procedures.
(H) Student shall identify quality control considerations necessary for air surveillance and soil/water samples.
(2) Certified curriculum for the Hazardous Materials Emergency Response Environmental Monitoring Course shall include all of the current course material listed in Section 2540(t).
(3) Certified curriculum for Hazardous Materials Emergency Response Environmental Monitoring Course shall be a minimum of 40 hours in length.
(4) Certified curriculum for Hazardous Materials Emergency Response Environmental Monitoring Course shall include the following training exercise:
(A) Demonstrate proper use to the instructor of air, soil and water monitoring equipment to include sorbent traps, aerosol filters, organic vapor analyzer, photoionization detector, gas chromatographs and infrared spectrometer.
(5) Certified curriculum for Hazardous Materials Emergency Response Environmental Monitoring Course shall include the following evaluation method:
(A) Completion of a CSTI certified Environmental Monitoring written exam with a minimum passing score of 70% correct.
(6) Certification for participants in the Hazardous Materials Emergency Response Environmental Monitoring Course shall include successful completion of a certified course as referenced in section 2520(f) as delivered by a CSTI certified instructor as referenced in section 2530. Student shall attend 40 hours of training as defined by Title 19 s 2540(j)(4), accomplish all objectives, participate in the training exercise and complete the evaluation method at the 70% standard as referenced in section 2520(f).
(g) Hazardous Materials Emergency Response - Incident At Ports.
(1) Certified curriculum for Hazardous Materials Emergency Response Incident at Ports Course shall include all of the following course objectives:
(A) Student shall compare and contrast the differences in port activities with other Haz Mat activity sources.
(B) Student shall identify the organizations and responsibilities of various port authorities.
(C) Student shall identify the unique agencies or special units with the appropriate authorities involved with port activities including, but not limited to, the U.S. Coast Guard and the Office of Oil Spill Prevention and Response.

(D) Student shall determine the various types of vessels commonly found in ports and the unique characteristics of their construction and operation.
(E) Student shall compare the unique response considerations with conventional response considerations when dealing with port incidents.
(F) Student shall be able to write, revise, and review specific contingency plans dealing with port emergency operations in Haz Mat incidents including, but not limited to, the National Contingency Plan and applicable Area Contingency Plans.
(2) Certified curriculum for the Hazardous Materials Emeregency Response Incident at Ports Course shall include all of the current course material listed in Section 2540(t).
(3) Certified curriculum for Hazardous Materials Emergency Response Incident at Ports Course shall be a minimum of 8 hours in length.
(4) Certified curriculum for Hazardous Materials Incident at Ports Course shall include the following training exercise:

(A) Participation in a Haz Mat table-top exercise including successful completion of the following objectives:
(i) Demonstrate proper safety, isolation and notifications for a simulated table-top Haz Mat incident at a port;
(ii) Based on simulated Haz Mat release, demonstrate a basic identification process;
(iii) Based on an identification and hazard assessment process, identify the proper safe containment and protective action options; and,
(iv) Identify essential information to be given by the First Responder to the Incident Commander.
(5) Certified curriculum for Hazardous Materials Incident at Ports Course shall include the following evaluation method:
(A) Completion of a CSTI certified Haz Mat Incidents At Ports written exam with a minimum passing score of 70% correct.

(6) Certification for participants in the Hazardous Materials Incident at Ports Course shall include successful completion of a certified course as referenced in Section 2520(g) as delivered by a CSTI certified instructor as referenced in Section 2530. Student shall meet a minimum attendance of 8 hours, accomplish all objectives, participate in the training exercise and complete the evaluation method at the 70% standard as referenced in Section 2520(g).
(h) Hazardous Materials Emergency Response - Instructor Certification.
(1) Certified curriculum for Hazardous Materials Emergency Response Instructor Certification Course shall include all of the following course objectives:
(A) Student shall demonstrate an understanding of the background and objectives of the California Hazardous Substances Incident Response Training and Education Program as administered by the Office of Emergency Services, California Specialized Training Institute, as referenced in California Government Code section 8574.20.
(B) The student shall recognize the need for competent instructors to deliver standardized training to hazardous materials responders in the field.

(C) Student shall identify practical techniques for trainers to better facilitate adult learning.
(D) Student shall explain the importance of performance objectives, the need for instructor discipline to accomplish performance objectives, and the value of a motivating delivery technique in achieving performance objectives.
(E) Student shall understand the certified curriculum for the certified course(s), as referenced in section 2520 in which the student is seeking instructor certification.
(F) Student shall understand the importance of presenting a positive first impression.
(G) Student shall understand the essential details in preparing for a class.
(H) Student shall demonstrate an awareness of the Haz Mat audio-visual materials available to support the certified course(s), as referenced in Section 2520 in which the student is seeking instructor certification.
(I) Student shall explain the four-step method of lesson plan development.

(J) Student shall identify effective communication methods and techniques.
(K) Student shall identify the various types of training aids, understand basic techniques for using boards, overhead transparencies and flip charts, and develop at least one training aid for use in the instructional simulation.
(L) Student shall cite the essential elements involved in delivering the class.
(M) Student shall demonstrate an awareness of the requirements to design and deliver successful practical activities that will enhance the trainer's instructional delivery.
(N) Student shall demonstrate the ability to competently instruct at least a 10-minute portion of one block of instruction from the certified course(s), as referenced in Section 2520 in which the student is seeking instructor certification before a peer group and video camera for critique.
(O) Student shall positively critique and compare instructional methods and techniques of the blocks of instruction delivered by other students in the class.

(P) Student shall recognize the need and techniques for testing, evaluating and closing the class.
(Q) Student shall demonstrate an understanding of the California Hazardous Substances Incident Response Training and Education Program requirements, minimum standards, and administrative policies and procedures for state certification as referenced in sections 2510-2560.
(R) Student shall understand proper completion of administrative forms for requesting, delivering, documenting and certifying hazardous materials courses as referenced in section 2540.
(S) Students who will teach any Technician Specialists program course shall understand the essential teaching points, required materials/exercise training aids, and safety issues associated with the Technician Specialists module/course they will teach.
(T) Students shall describe the safety issues associated with providing hazardous materials emergency response training that demonstrates the comprehension of the Safety Policy in Section 2540(k) of these regulations.

(2) Certified curriculum for Hazardous Materials Emergency Response Instructor Certification Course shall include all of the current course material listed in Section 2540(t).
(3) Certified curriculum for Hazardous Materials Emergency Response Instructor Certification Course shall be a minimum of 32 hours in length.
(4) Certified curriculum for Hazardous Materials Emergency Response Instructor Certification shall include the following instructional simulations:
(A) First Impressions Presentation by Student:
(i) Student shall give a three to five-minute presentation on any subject dealing with Haz Mat response in order for peer group to evaluate first impressions.
(B) Instructional Delivery:
(i) Student shall deliver a minimum ten-minute portion of a certified curriculum, as referenced in Section 2520 in which the student is seeking instructor certification before a peer group and video camera for critique.
(5) Certified curriculum for Hazardous Materials Emergency Response Instructor Certification Course shall include the following evaluation method:
(A) Completion of a CSTI certified Haz Mat Instructor Certification written exam with a minimum passing score of 70% correct.
(6) Certification for participants in the Hazardous Materials Emergency Response Instructor Certification Course shall include all of the following:
(A) Successful completion of the certified course(s), as referenced in section 2520 in which the student is seeking instructor certification;
(B) Successful completion of the certified course as referenced in section 2520(h) and as coordinated by a CSTI Haz Mat section faculty member; and,
(C) Meet a minimum attendance of 32 hours, accomplish all course objectives, complete the evaluation method at the 70% standard and participate in the instructional simulation as referenced in section 2520(h).

(i) Hazardous Materials Emergency Response - Instructor Certification For Trainers.
(1) Certified curriculum for Hazardous Materials Emergency Response Instructor Certification For Trainers Course shall include Items (A) through (L) and (O) through (T) (incorporated by reference) from section 2520 (h) for Hazardous Materials Emergency Response - Instructor Certification and shall include all of the following:
(A) Student shall demonstrate the ability to competently instruct at least a five-minute portion of one block of instruction from the certified course(s), as referenced in Section 2520 in which the student is seeking instructor certification before a peer group.
(B) Students who will teach any Technician Specialists program course shall understand the essential teaching points, required materials/exercise training aids, and safety issues associated with the Technician Specialists module/course they will teach.
(C) Students shall describe the safety issues associated with providing hazardous materials emergency response training that demonstrates the comprehension of the Safety Policy in Section 2540(k) of these regulations.
(2) Certified curriculum for Hazardous Materials Emergency Response Instructor Certification For Trainers Course shall include all of the current course material listed in Section 2540(t).
(3) Certified curriculum for Hazardous Materials Emergency Response Instructor Certification For Trainers Course shall be a minimum of 16 hours in length.
(4) Certified curriculum for Hazardous Materials Emergency Response Instructor Certification For Trainers Course shall include the following instructional simulation:
(A) Instructional Delivery:
(i) Student shall deliver a minimum five-minute portion of a certified curriculum, as referenced in section 2520 in which the student is seeking instructor certification before a peer group for critique.
(5) Certified curriculum for Hazardous Materials Emergency Response Instructor Certification for Trainers Course shall include the following evaluation method:
(A) Completion of a CSTI certified Haz Mat Emergency Response Instructor Certification for Trainers written exam with a minimum passing score of 70% correct.
(6) Certification for participants in the Hazardous Materials Emergency Response Instructor Certification For Trainers Course shall include all of the following:
(A) Successful completion of the certified course(s), as referenced in section 2520 in which the student is seeking instructor certification;
(B) Successful completion of the certified course as referenced in section 2520(i) as coordinated by a CSTI Haz Mat section faculty member; and,
(C) Meet a minimum attendance of 16 hours, accomplish all course objectives, complete the evaluation method at the 70% standard, and, participate in the instructional simulation as referenced in section 2520(i).
(j) Hazardous Materials Emergency Response - Instructor Recertification.

(1) Certified curriculum for Hazardous Materials Emergency Response Instructor Recertification Course shall include all of the following course objectives:
(A) Student shall be able to demonstrate an understanding of the background and objectives of the California Hazardous Substances Incident Response Training and Education Program as administered by the Office of Emergency Services, California Specialized Training Institute, as referenced in California Government Code section 8574.20.
(B) Student shall be able to understand the certified curriculum for the certified course(s), as referenced in section 2520 in which the student is seeking instructor recertification.
(C) Student shall demonstrate an awareness of the current Haz Mat audio-visual materials and reference materials available to support the certified course(s), as referenced in section 2520 in which the student is seeking instructor recertification.
(D) Student shall be able to demonstrate an understanding of the California Hazardous Substances Incident Response Training and Education Program requirements, minimum standards, and administrative policies and procedures for state certification as referenced in sections 2510-2560.
(E) Student shall be able to understand proper completion of administrative forms for requesting, delivering, documenting and certifying hazardous materials courses, as referenced in sections 2540-2550.
(2) Certified curriculum for Hazardous Materials Emergency Response Instructor Recertification Course shall include all of the current course material listed in Section 2540(t).
(3) Certified curriculum for Hazardous Materials Emergency Response Instructor Recertification Course shall be a minimum of 6 hours in length.
(4) Certified curriculum for Hazardous Materials Emergency Response Instructor Recertification Course shall include the following evaluation method:
(A) Completion of a CSTI certified Hazardous Materials Emergency Response Instructor Recertification written exam with a minimum passing score of 70% correct.

(5) Certification for participants in the Hazardous Materials Emergency Response Instructor Recertification Course shall include all of the following:
(A) Successful completion of the certified course(s), as referenced in section 2520 in which the student is seeking instructor recertification;
(B) Successful completion of the certified course as referenced in section 2520(h) or (i) as coordinated by a CSTI Haz Mat section faculty member;
(C) Successful completion of the certified course as referenced in section 2520(j) by a CSTI Haz Mat section faculty member; and,
(D) Meet a minimum attendance of 6 hours, accomplish all course objectives, and complete the evaluation method at the 70% standard, as referenced in section 2520(j).
(k) Hazardous Materials Emergency Response - Technician/Specialist (1A): Basic Chemistry.
(1) Certified curriculum for Haz Mat Emergency Response Technician/Specialist  (1A) Basic Chemistry shall include all of the following course objectives:

(A) The student shall identify the levels of haz mat response training required for certification. The student shall recognize chemical compounds in terms of general categories and classifications.
(B) The student shall define the terms "chemistry" and "matter," identify the three states of matter, recognize the differences between pure substances and mixtures, and recognize physical and chemical properties.
(C) The student shall identify the three physical forms or states of matter, distinguish the differences between chemical and physical change, list the 6 different processes that result in a physical change in state, define "exothermic" and "endothermic," and identify the role of catalysts and inhibitors.
(D) The student shall identify symbols, names of elements, and atomic numbers on a periodic table and determine the logical systematic order of elements.
(E) The student shall indicate the parts and regions of an atom, define the weight and charge of each atomic particle, name the four families and their outer shell electron configuration, explain the octet/duet rule and predict the type of ion formed by each family. The student shall identify the hazard of each family including reactivity and oxidation ability. The student shall also list the features of reducing agents and oxidizing agents.
(F) The student shall define bonding, recognize the different types of bonds, and determine the composition of an ionic or non-ionic compound.
(G) The student shall identify the six different types of salts and predict the hazards, recognize the general physical, chemical, health and environmental properties of salts.
(H) The student shall identify the different types of salts, and predict the hazards, recognize the general physical, chemical, health and environmental properties of salts.
(I) The student shall identify alkane, alkene, alkyne and aromatic hydrocarbons; identify the structures of hydrocarbons including isomers or aromatics.
(J) The student shall be able to identify the hydrocarbon radicals and derivatives, identify their structural formulas and list the hazards associated with each.
(K) The student  shall explain the general toxicity of saturated and unsaturated hydrocarbons.
(L) The student shall define the physical parameters of vapor pressure, vapor content, vapor density, specific gravity, boiling point, flash point, polarity, and standard and normal temperature and pressure; and correctly identify the relative ranking of chemicals with respect to these physical parameters when compared to other chemicals.
(M) The student shall recognize those materials that are explosive, provide examples and define the terms "fuel," "oxidizer," "explosive" and "crystals" as they relate to explosives.
(N) The student shall identify the three states that gases are transported in and define the term "expansion ratio."
(O) The student shall describe the method for fighting explosives fires; recognize explosives by their chemical formula, structure or characteristics; list initiators of explosives; and describe the DOT divisions of explosives. The student shall also list the four categories of explosives, giving examples and characteristics of each; define and give examples of explosophores; and list several common explosives.
(P) The student shall identify those elements or compounds that are likely to be solids and identify their potential to be combustible or pyrophoric.
(Q) The student shall identify those compounds that are most likely to be oxidizers or organic peroxides based upon their chemical composition.
(R) The student shall identify the common names and formulas associated with poisons and list field test methods.
(S) The student shall identify those compounds that are most likely to be radioactive based upon their chemical composition.
(T) The student shall define the term "corrosivity," describe the two main division of corrosives, list the physical states that corrosives are found in and identify some of the hazards of  corrosive materials.
(U) The student shall define the concepts: fire, oxidation, the fire tetrahedron, heat transfer, ignition temperature, flammable limits, and standard temperature and pressure. The student shall also be able to explain the difference between slow and fast oxidation, the effects of oxygen on the combustion process, and the factors to consider when assessing an incident for the potential of fire.
(V) The student shall list the three products of combustion, the three factors that determine hear content, and the three factors that determine vapor quantity. Additionally, the student shall describe the effect of flame on combustion, and explain the differences between the products of complete and incomplete combustion. The student shall define "backdraft" and "flashover," and explain the conditions that lead to those events. The students shall list at least 3 of the products of incomplete combustion that are considered toxic.
(W) The student shall identify at least 3 of the multiple hazards associated with gases, describe the common characteristics of gases and shall explain how gases are detected or measured. The student shall predict the behavior of gases using the concepts of the gas laws and critical temperature and pressure. The student shall describe the 3 conditions of gas storage and list the hazards associated with each.

(X) The student shall list the multiple hazards of flammable liquids and describe the following physical properties: vapor pressure, flash point, ignition temperature, flammable range, explosive limits, specific gravity, vapor density, boiling point, and the definitions of flammable and combustible liquids. The student shall also predict the probable location of flammable atmospheres from low and high vapor pressure liquids. The student shall list the three special conditions (boil-over, slop-over and froth-over) associated with burning flammable liquids; the effects of oxidizers on flammable liquids; how solubility is determined; and the effect of molecular weight on vapor pressure, boiling point, flash point, ignition temperature and heat output.
(Y) The student shall identify the process of oxidation; list several electronegative elements; describe spontaneous combustion, pyrolysis, surface burning and hypergolic combustion; and list the three types of ignition: pilot, auto, and spontaneous. The student shall also list three elements that burn and their allotropes, and describe the flammable solids cellulose nitrate and naphthalene. The student shall list several flammable and combustible metals and their hazards.
(Z) The student shall describe the processes of oxidation and reduction, describe and provide examples of halogen gases, oxy-salts, oxy-acids, metal peroxide salts, inorganic peroxides and oxygen. Additionally, the student shall identify the peroxide functional group in organic oxidizers. Students shall also list some common uses of organic peroxides, identify them by name or formula, list the hazards and classification of organic peroxides, define maximum safe storage temperature and safe accelerating decomposition temperature and list the general hazards of organic peroxides.
(AA) The student shall describe (ionizing and non-ionizing) radiation, identify those elements that are naturally radioactive, describe each of the three types of ionizing radiation (gamma, beta and alpha) and the three types of protective measures. The student shall define the terms roentgen, RAD, REM, mREM, sieverts, becqurels, curie and half-life. The student shall be able to list the various sources of background radiation and a typical annual exposure. The student shall also identify the one time emergency response exposure, the effect of free radicals, the difference between internal and external contamination and contamination vs. exposure.
(BB) The student shall describe the difference between the strength and concentration of corrosives, including how these are measured and how they pertain to the risk posed by that corrosive. The student shall describe the reaction that occurs between acids and bases and other materials. Also, the student shall describe the processes of absorption, dilution and neutralization, including the advantages and disadvantages of each of these methods when used for mitigating corrosives spills.
(CC) The student shall describe the importance of chemical compatibility to responders, recognize the 4 types of chemical reactions (combination, decomposition, single replacement and double replacement), list the rules of solubility and use an incompatibility chart to determine the potential reaction(s) between two materials.
(2) Certified curriculum for Hazardous Materials Emergency Response Technician/Specialist (1A) Basic Chemistry shall include all of the current course material listed in Section 2540(t). Each course manager shall provide and display for the duration of the class, at least one wall-mounted "Periodic Table of The Elements" that are at least four feet by eight feet in size and visible from any part of the classroom. The course manager shall provide each student with a copy of the current version of the Department of Transportation Emergency Response Guidebook and the Department of Transportation Hazardous Materials Marking, Labeling and Placarding Guide (DOT Chart).
(3) Certified curriculum for the Haz Mat Emergency Response Technician/Specialist (1A) Basic Chemistry Course shall be a minimum of 40 hours in length.
(4) Certified curriculum for the Haz Mat Emergency Reponse Technician/Specialist (1A) Basic Chemistry Course shall include the following evaluation method:
(A) Completion of the CSTI certified Hazardous Materials Emergency Response Technician/Specialist (A) Basic Chemistry Course shall be by written examination with a minimum passing score of 70% correct, as referenced in section 2540(e). Student shall attend 40 hours of training as defined by Title 19 s 2540(j)(4).
(5) Certification for participants in the Haz Mat Emergency Response Technician/Specialist (1A) Basic Chemistry Course shall include successful completion of the certified course as referenced in 2520(k), delivered by a CSTI certified instructor as referenced in 2530. Student shall meet a minimum attendance of 40 hours, accomplish all objectives, participate in the training exercises and complete the evaluation method at the 70% standard as referenced in section 2520(k).

(l) Hazardous Materials Emergency Response - Technician/Specialist (1B): Applied Chemistry.
(1) Certified curriculum for Haz Mat Emergency Response Technician/Specialist  (1B) Applied Chemistry shall include all of the following course objectives:
(A) The student shall describe the process of detecting contaminants in air, list the major components of a normal atmosphere, and list the types of contaminants which make an atmosphere hazardous. The student shall list the OSHA requirements for entry into a confined space, describe the process of finding unknown gases based on vapor density and interpreting results. Also, the student shall list the four uses of monitoring and the types of instruments available, including the capabilities of each. The student shall utilize a monitoring strategy to analyze unknown atmospheres including an analysis of site specific conditions.
(B) Students shall describe the principles of operation of Radiation Monitoring devices and demonstrate their use with sample sources of radioactive material.
(C) The student shall define what Combustible Gas Indicators (CGI's) are designed to detect, describe how they operate, demonstrate how to prepare the CGI for use and how to monitor an unknown atmosphere, describe how to interpret the results, and list some of the limitations associated with CGI's.
(D) The student shall define what Photoionization Detectors (PID's) are designed to detect, describe how they operate, demonstrate how to prepare the PID for use and how to monitor an unknown atmosphere, describe how to interpret the results, and list some of the limitations associated with PID's.
(E) The student shall identify what colorimetric tubes, electrochemical sensors, flame ionization detectors and infrared spectroscopy are designed to detect; describe how these various devices work; and identify some of the use considerations and limitations associated with these devices.
(F) Given at least five unknown substances, two of which are solid, and three liquids, the student shall be able to identify or classify by hazard each of the unknown substances using the "Five-Step Field Identification Method of Chemicals", "HazCat Chemical Identification System"  or another CSTI-approved method.
(G) The student shall identify safe and unsafe behaviors as they pertain to chemical handling.

(H) The student shall identify the principles and tests used in field identification kits to determine the hazards or identity of unknown chemicals.
(I) The student shall identify the types of hazard and response information available from reference manuals, hazardous materials data bases, technical information centers (i.e. CHEMTREC) and technical information specialists. The student shall explain the advantages and disadvantages of each resource. The student shall also utilize various reference sources to identify hazard and response information about various hazardous materials.
(J) The student shall describe the duties of the Technical Specialist Hazardous Materials Reference within the Incident Command System at a hazardous materials incident.
(2) Certified curriculum for Haz Mat Emergency Response Technician/Specialist  (1B) Applied Chemistry shall include all of the current course material listed in Section 2540(t). Each course manager must provide and display for the duration of the class, at least two wall-mounted "Periodic Table of The Elements" that are at least four feet by eight feet in size and visible from any part of the classroom.

(3) Certified curriculum for the Haz Mat Emergency Response Technician/Specialist (1B) Applied Chemistry Course shall be a minimum of 40 hours in length.
(4) Certified curriculum for the Haz Mat Emergency Response Technician/Specialist (1B) Applied Chemistry Course shall include the following training exercise:
(A) Participation in a "Field Identification of Unknown Solid and Liquid Chemical" exercise including successful completion of the following objectives: Using the "Five-Step Field Identification Method of Chemicals", "HazCat Chemical Identification System" or another CSTI approved method, and given five unknown substances (two being solid and three being liquid) the student shall complete a hazardous data worksheet to include:
(i) Classification of the substances by chemical or physical hazards;
(ii) Determine the proper hazard/risk potential;
(B) Participation in an Atmospheric Monitoring Exercise including successful completion of the following objectives, given five unknown atmospheres:
(i) Use a Combustible Gas Indicator to monitor for combustible atmospheres.
(ii) Use a Photoionization Detector (PID) to monitor for volatile organic compounds.
(iii) Use a Colorimetric Tube to monitor for corrosive or combustible atmospheres.
(iv) Use a Radiation meter to monitor for radioactive materials.
(5) Certified curriculum for the Haz Mat Emergency Response Technician/Specialist (1B) Applied Chemistry Course shall include the following evaluation method:
(A) Completion of all of the CSTI certified Hazardous Materials Technician/Specialist (B) Applied Chemistry Course written exam with a minimum passing score of 70% correct as referenced in section 2530.
(B) Student to Instructor/Equipment/etc. Ratios are used in section (6) below to assure students receive an adequate level of experiential learning. See Section 2540(d)(5)(A), (B) and (i) for information on break-outs and sectional training.
(6) The following materials/training aids/equipment are required for teaching the Haz Mat Emergency Response Technician/Specialist (1B) Applied Chemistry Course:
(A)(i) Test kits for field identification of unknown chemicals (one kit for every three students);
(ii) Solid and liquid chemical samples for field identification (these should consist of, at a minimum, various flammable and combustible liquids, acids, caustics, and sulfides, oxidizers, chlorinated hydrocarbons); and,
(iii) Safety equipment (including, but not limited to: splash protection, eye protection, head protection, feet protection) for all student use during field identification exercise.
(iv) Combustible Gas Indicators (CGI), Photoionization Detectors (PID), colorimetric tubes and radiation meters in sufficient quantity to allow each student to demonstrate the use of the detectors for hazardous atmospheres. As a minimum, a ratio of one instrument (of each type) per two students is required.
(B) Printed reference material including, but not limited to (one copy per every 6 students):
(i) Chemical Dictionary (Hawley's);
(ii) Quick Selection Guide to Chemical Protective Clothing (Forsberg/Mansdorf)
(iii) Handbook of Reactive Chemical Hazards (L. Bretherick) - or Rapid Guide to chemical Incompatibilities (Pohanish/Green);
(iv) CHRIS Manual (U.S. Coast Guard -- Printed or electronic)
(v) American Association of Railroads; Emergency Action Guides
(vi) Emergency Care for Hazardous Materials Exposure (Currence);
(vii) Farm Chemical Handbook (Meister);

(viii) Pocket Guide to Chemical Hazards (NIOSH);
(ix) Emergency Response Guide Book (DOT)
(C) Electronic reference material including, but not limited to (one computer per every 3 students):
(i) CAMEO/ALOHA/MARPLOT
(ii) Chemical Reactivity Worksheet
(iii) Chem Knowledge
(7) Certification for participants in the Hazardous Materials Emergency Response Technician/Specialist (1B) Applied Chemistry Course shall include successful completion of the certified course as referenced in Section 2520, delivered by a CSTI certified instructor as referenced in Section 2530. Student shall attend 40 hours of training as defined by Title 19 s 2540(j)(4), accomplish all objectives, participate in the training exercise and complete the evaluation method at the 70% standard as referenced in Section 2520.

(m) Hazardous Materials Emergency Response - Technician/Specialist (1C): Incident Considerations.
(1) Certified curriculum for Haz Mat Emergency Response Technician/Specialist  (1C) Incident Considerations shall include all of the following course objectives:
(A) The student shall define toxicology, list 2 subdivisions of toxicology, and identify dose as a key concept in toxicology. The student shall also compare risk and hazard, and identify the difference between the two.
(B) The student shall identify how various meteorological factors may influence a hazardous materials incident.
(C) The student shall recognize general protective action concepts associated with hazardous materials response, with specific emphasis on evacuation and shelter-in-place options.
(D) The student shall identify the factors to be considered in selecting proper respiratory protection. Students shall describe the advantages, limitations, proper use and operational components of air purifying respirators at a hazardous materials incident.
(E) The student shall identify the three types of vapor-protective, splash-protective and support-function clothing and describe the advantages and disadvantages of each. The student shall identify the four levels of chemical protection (EPA/NIOSH) and match both the equipment required for each level and the conditions under which each level is used. The student shall explain the significance of degradation, penetration and permeation as they relate to suit selection.
(F) The student shall identify the factors to be considered and the process involved in selecting the proper chemical protective clothing, at least three indications of material degradation of chemical protective clothing, and the relative advantages and disadvantages of various cooling methods/devices.
(G) The student shall recognize basic ICS concepts as they apply to hazardous materials incidents, the general organization of the Incident Command System and some of the standard ICS forms.
(H) The student shall describe the duties of a member of the Command Staff within the Incident Command System at a hazardous materials incident.

(I) The student shall describe the duties of the Haz Mat Group Supervisor within the Incident Command System at a hazardous materials incident.
(J) The student shall list the seven basic types of toxins and describe the characteristics and behavior of each. The student shall also describe the two major determinants that affect toxicity, list the three routes of entry and describe their characteristics, and list and describe the three means the body has for dealing with toxins. The student shall describe the concept of dose-response relationships, list the factors that affect dose response values and define the terms "lethal dose (LD)", "lethal concentration (LC)", "no observed effect level (NOEL)", "threshold limit value (TLV)", "permissible exposure limit (PEL)", "short term exposure limit (STEL)", "immediately dangerous to life and health (IDLH)", "maximum allowable concentration (MAC)", "level of concern (LOC)" and emergency response planning guide (ERPG).
(K) The student shall recognize the importance of establishing control zones and identify the three control zones to be established at a hazardous materials incident.
(L) The student shall describe the duties of the Site Access Control Leader within the Incident Command System at a hazardous materials incident.
(M) The student shall describe the duties of the Entry Team Leader within the Incident Command System at a hazardous materials incident.
(N) The student shall describe the duties of the Decontamination Team Leader within the Incident Command System at a hazardous materials incident.
(O) The student shall list some physical and chemical ways in which chemicals can cause harm. Also, the student shall describe the cell as the focal point of the biochemistry of toxins and how some organs are targets to toxins, describe the field of environmental toxicology and demonstrate the awareness of the irreversibility of some environmental spills. The student shall also be able to list and describe the concepts of ozone layer depletion, bioaccumulation, biomagnification, biological oxygen demand, and chemical oxygen demand. Lastly, the student shall describe and provide examples of organophosphate and carbamate pesticides, and describe the biochemical mechanism, including the antidote, for organophosphate poisoning.
(P) The student shall identify various environmental, mechanical, physiologic and psychological stresses that personnel working in chemical protective clothing are subjected to.
(Q) The student shall describe the duties of the Safe Refuge Area Manager within the Incident Command System at a hazardous materials incident.
(R) Student shall identify the mechanisms by which heat builds up in workers operating in chemical protective clothing, and the appropriate measures to take for someone experiencing a heat related illness.
(S) Student shall identify procedures by which hazardous materials response personnel shall be medically evaluated at incidents.
(T) The student shall identify guidelines for dealing with injured or trapped persons at a hazardous materials incident.
(U) The student shall identify some of the problems and resources which must be evaluated in order to triage hazardous materials incidents.
(V) The student shall identify the various decontamination methods, the types of decontamination, factors that can affect the decon process and resources needed to set up a Contamination Reduction Corridor. The student shall also identify general guidelines for Emergency Decon, including sources for selecting appropriate decon procedures and solutions.
(W) The student shall describe the procedures for donning and doffing Self-Contained Breathing Apparatus, and describe how to properly respond to emergencies with the Self-Contained Breathing Apparatus.
(X) The student shall describe the procedures for donning and doffing Level "A" Chemical protective clothing.
(Y) Reserved for future use.
(Z) The student shall identify some of the chemicals used in illegal drug manufacturing operations and the hazards associated with drug labs. The students shall also identify several warning signs indicating the presence of a drug lab, as well as appropriate safety and tactical considerations to take at an incident scene.
(AA) The student shall demonstrate the use of grounding and bonding equipment for product transfer.

(BB) The student shall demonstrate the use of plugging and patching equipment for drums.
(CC) The student shall demonstrate the use of transfer pumps for product transfer between drums.
(DD) The student shall demonstrate the safe use of a drum hand truck.
(EE) The student shall identify some of the key components of a hazardous materials area plan.
(FF) The student shall demonstrate the safe use of a drum up-ender (manual drum lifter).
(GG) The student shall define evidence; explain the importance of chain of custody, search warrants and proper documentation; and identify important guidelines regarding the collection of specific types of evidence.
(HH) The student shall demonstrate overpacking of a 55 gallon drum by the "V-Roll" and "End Over" Techniques.

(II) The student shall demonstrate the use of plugging and patching equipment for repairing leaks on piping systems.
(JJ) The student shall demonstrate the use of plugging and patching equipment for horizontal and vertical storage tanks.
(KK) The student shall demonstrate the safe use of chemical sampling equipment for solids and liquids.
(LL) The student shall demonstrate the safe use of absorbent materials for containing a liquid spill.
(MM) The student shall demonstrate the collection of evidence at a hazardous materials incident, including the use of chain of custody forms, evidence seals, scene mapping and photography.
(NN) The student shall demonstrate the safe application of a "Chlorine Institute A Kit".
(OO) The student shall demonstrate the safe application of a "Chlorine Institute B Kit".

(2) Certified curriculum for Haz Mat Emergency Response Technician/Specialist  (1C) Incident Considerations shall include all of the current course material listed in Section 2540(t).
(3) Certified curriculum for the Hazardous Materials Emergency Response Technician/Specialist (1C) Incident Considerations Course shall be 40 hours in length. Student(s) shall attend 40 hours of training as defined by Title 19 s 2540(j)(4).
(4) Certified curriculum for Haz Mat Technician/Specialist (1C) Incident Considerations Course shall include the following training exercises:
(A) The student shall don Level "A" chemical protective clothing and perform simulated hazardous materials mitigation skills in an "obstacle course" (an activity requiring them to complete exercises involving the performance of manipulative tasks commonly carried out in a response to a hazardous materials incident). The student shall complete the course or proceed through the course within the limits of one full SCBA tank.
(B) Participation in a Solid and Liquid Sampling Exercise including successful completion of the following objectives:
(i) Identify and use the appropriate tools and equipment required for taking a sample of a solid hazardous material.
(ii) Identify and use the appropriate tools and equipment required for taking a sample of a liquid hazardous material.
(C) Participation in a Weather and Plume Prediction Exercise including successful completion of the following objectives:
(i) Use a Belt Weather Kit (or other portable weather station kit) to evaluate current weather conditions.
(ii) Using a desktop or laptop computer air dispersion prediction program and given a chemical do a plume prediction based on current weather.
(D) Participation in a Plugging, Patching and Overpacking Exercise including successful completion of the following objectives:
(i) Demonstrate patching various size leaks in a fifty-five gallon drum.

(ii) Demonstrate overpacking a fifty-five gallon drum.
(iii) Demonstrate the proper use of a Chlorine "A" kit.
(iv) Demonstrate proper use of a Chlorine "B" kit.
(v) Demonstrate controlling various leaks in a pipe prop.
(vi) Demonstrate proper use of a pneumatic tank bandage to control a leak in an above-ground tank.
(E) Participate in an Atmospheric Monitoring Exercise including successful completion of the following objectives:
(5) Certified curriculum for the Haz Mat Emergency Response Technician/Specialist (1C) Incident Consideration Course shall include the following evaluation methods:
(A) Completion of the Haz Mat Emergency Response Tech/Specialist (1C) Incident Considerations Course Reference Material Worksheet with a minimum passing score of 70% correct; and,
(B) Completion of the CSTI certified Haz Mat Emergency Response Tech/Spec (1C) Incident Considerations Course Final Exam with a minimum passing score of 70% correct.
(C) Student to Instructor/Equipment/etc. Ratios are used in section (6) below to assure students receive an adequate level of experiential learning. See Section 2540(d)(5)(B) for information on break-outs and sectional training.
(6) The following materials/training aids/equipment are required for teaching the Haz Mat Technician/Specialist (1C) Incident Considerations Course:
(A) Student Text Books (one per student)-
(i) "Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities," (85-115) by NIOSH , OSHA, USCG, and EPA;
(B) Reference Materials (one per every six students)
(i) Chemical Dictionary (Hawley's);

(ii) Quick Selection Guide to Chemical Protective Clothing (Forsberg/Mansdorf);
(iii) Handbook of Reactive Chemical Hazards (L. Bretherick) - or Rapid Guide to Chemical Incompatibilities (Pohanish/Green);
(iv) CHRIS Manual (U.S. Coast Guard);
(v) American Association of Railroads; Emergency Action Guides
(vi) Emergency Care for Hazardous Materials Exposure (Currence);
(vii) Farm Chemical Handbook (Meister);
(viii) Pocket Guide to Chemical Hazards (NIOSH);
(ix) Emergency Response Guide Book (DOT)
(x) Computer loaded with the following:
(a) Cameo
(b) Chem Knowledge
(c) Chemical Reactivity worksheet
(C) Drums that have been designed with leaks of the following types:
(i) One Side Void (eg. fork lift or nail puncture);
(ii) One Bottom Failure (bottom of drum cut free so that drum fails if moved);
(iii) One Bung Leak (damaged threads); and
(iv) One Chine Leak (1/16 holes or saw cut).
(D) Drums for sampling:
(i) One 1A1 with threaded bung, 55 gal.;
(ii) One 1A2 with removable top, 55 gal.; and

(iii) One non-operable (weld or braze bungs closed).
(E) Overpack:
(i) One DOT 49 CFR 173.3 Salvage Drum, 85 gal.;
(ii) One DOT 49 CFR 173.3 Salvage Drum, 8 gal.; and
(iii) One Dot 49 CFR 173.3 Salvage Drum, polyethylene.
(F) One 100-150 lb. Chlorine Container designed for vapor leak from the valve area.
(G) One 1-Ton Chlorine Container designed for liquid and vapor leaks from valve and fusible plug. Container shall be designed to allow instructor to change leak from a liquid to a vapor when students roll the container.
(H) One Fixed Bulk Storage Tank (minimum of 200 gallon capacity) with leaks of a type to facilitate the application of a tank bandage.
(I) One Piping System designed to leak liquid or vapor on 2-12-inch or larger pipes including the following:
(i) Valve, Flange, Weld, and Thread Failures;
(ii) Cracked Pipe; and,
(iii) Sheared Pipe.
(J) Drum-related:
(i) Plug and Dike.
(ii) Bung Wrench.
(iii) Foam Wedges.
(iv) Dye.
(v) Epoxy Putty.
(vi) Grounding and Bonding.

(vii) New Bungs.
(viii) Speed Wrench and Socket.
(ix) Drum Repair Kit.
(x) Drum Hand Truck.
(xi) Transfer Pump.
(xii) Redwood Plugs.
(xiii) Drum Lifter.
(K) Chlorine-related:
(i) A Kit.
(ii) B Kit.

(iii) Ammonia Atomizer Bottle.
(L) Piping Leaks-related:
(i) Pneumatic Patching Equipment.
(ii) Patching Kits.
(iii) Flange Gaskets.
(iv) Bolts and Nuts.
(v) Hand Tools.
(M) Railroad Tankcar-related:
(i) Pneumatic Tank Patching Equipment.
(ii) Ladders (Fire Service Type), Minimum 14 feet.
(N) Chemical Protective Clothing (one each for demonstration)-

(i) Level A;
(ii) Flash Protection Over Suit;
(iii) Cryogenic Over Suit;
(iv) Level B;
(v) Level C;
(vi) Chemical Resistant Boots;
(vii) Chemical Resistant Gloves;
(vii) Eye Protection (Goggles and Safety Glasses); and
(ix) Hearing Protection.
(x) Respiratory Protection Demonstration Set
(a) Full Face APR
(b) PAPR (Powered APR)
(c) Half Face APR
(d) One set of cartridges (or canisters) for each of the above - each set must be a different type with at least one ESL and one HEPA.
(e) SCBA
(O) Sampling-related:
(i) Colawasa Tube.
(ii) Scoops.
(iii) Pipettes.
(iv) Soil Sample Auger.

(v) Plastic ZipLoc-type Bags.
(vi) Drum Thieves
(vii) Spoons.
(viii) Bottles with Seals and Labels.
(ix) 1-gallon Paint Cans for Overpack.
(P) Monitoring-related: (One monitor of each type for each 2 students plus one full set for the instructor)
(i) CGI.
(ii) Oxygen Meter.
(iii) Photoionization Detector.
(iv) Dosimeters.

(v) Radiation Meters. Mr/hr and R/hr.
(vi) Colormetric Tubes.
(vii) Test Papers.
(vii) Belt Weather Kit or Mini-Weather Station (One for each 3 students)
(Q) Current ICS Forms:
(i) Form 201 Incident Briefing,
(ii) Form 202 Incident Objectives,
(iii) Form 206 - Medical Plan
(iv) Form 208 HM Site Safety Plan, Revised 3/98
(v) Form 214 Unit Log.
(R) Safety Equipment

(i) First Aid Kit (EMT-1 type).
(ii) Emergency Telephone or Radio (to summon paramedic).
(iii) Covered Observation Area with sufficient capacity to seat entire class and able to provide protection from the rain and sun.
(iv) Flashlights (one per two students).
(v) Emergency Night Lighting sufficient to illuminate entire exercise area.
(7) Certification for participants in the Haz Mat Emergency Response Technician/Specialist (C) Incident Considerations Course shall include successful completion of the certified course as referenced in 2520(m), delivered by a CSTI certified instructor as referenced in 2530.  Student shall attend 40 hours of training as defined by Title 19 s 2540(j)(4), accomplish all objectives, participate in the training exercises and complete the evaluation method at the 70% standard as referenced in section 2520(m).
(n) Hazardous Materials Emergency Response -Technician/Specialist (1D): Tactical Field Operations.
(1) Certified curriculum for Haz Mat Emergency Response -Tech/Spec (1D): Tactical Field Operations shall include all of the following course objectives:
(A) The student shall describe the components of a site safety plan for a hazardous materials incident and identify key points that should be made in a safety briefing prior to working on the scene.
(B) The student shall describe the duties of the Assistant Safety Officer - Haz Mat within the Incident Command System at a hazardous materials incident.
(C) The student shall identify various non-bulk and intermediate bulk packaging, the types of materials they contain, basic design and construction features, and some of the marking requirements for the various packages.
(D) The student shall identify the following regarding intermodal tank containers: tank construction features, tank markings, general classes of tanks, tank fittings and how to handle hazardous materials in tank containers.
(E) The student shall describe the type of carrier and material most commonly involved in highway hazardous materials incidents.
(F) The student shall identify operational situations which may exceed the capabilities of responders training, equipment or technical feasibility.
(G) The student shall identify some of the ways in which chemicals could be used for terrorism.
(H) The student shall identify the types of shipping papers that may be found on rail cars, as well as the types of information they contain.
(I) The student shall identify some of the general types of transport vehicles used in rail transportation.
(J) The student shall identify various tank cars by type, capacity and contents they typically transport. The student shall also identify various tank markings and construction features.
(K) The student shall identify various tank car fittings that may be found on the different types of tank cars.

(L) The student shall identify how a liquid pipeline may carry different products, the types of information which may be found on a pipeline marker, basic guidelines to follow for mitigating pipeline incidents and some of the regulations pertaining to pipeline construction and safety.
(M) The student shall identify various offensive control options that may be utilized at a hazardous materials incident including repositioning leaking drums, overpacking, using absorbents, plugging, patching and catching. The student shall describe the purpose of, procedures for, equipment required and safety precautions appropriate for each method. The student shall also identify guidelines for taking samples of a hazardous material.
(N) The student shall identify basic design and construction features of storage tanks found at fixed facilities, the types of materials they may contain, and the types of damage that they could incur. The student shall identify some of the fire and safety protection systems that may be required at a fixed facility or bulk storage facility, and how these systems impact the behavior of the products during an incident. The student shall also identify some guidelines for managing a hazardous materials incident at a fixed facility.

(O) The student shall identify the types of vessels that may be involved in maritime incidents and some of the hazards associated with them, as well as the types of shipping papers that will be carried on these vessels and some of the information they contain. The student shall identify who the responsible authority will be and some basic guidelines to follow in the event of a maritime incident.
(P) The student shall identify some of the metals used in aircraft construction, and the advantages and disadvantages of each, as well as the fuels and fluids generally found aboard aircraft and their associated hazards. The student shall identify regulations pertaining to air transport of hazardous materials, and the types of shipping papers required and some of the information they contain. The student shall also identify some basic airport safety considerations
(Q) The student shall demonstrate the use of emergency hand signals.
(R) The student shall recognize the significant federal and state laws and regulations pertaining to hazardous materials and hazardous waste, as well as some of the key provisions of each. The student shall recognize potential areas of liability in dealing with hazardous materials incidents, as well as guidelines that can be implemented both before and during an incident to minimize liability for response personnel.
(S) The student shall demonstrate the use of grounding and bonding equipment for product transfer.
(T) The student shall demonstrate the use of plugging and patching equipment for drums.
(U) The student shall demonstrate the use of transfer pumps for product transfer between drums.
(V) The student shall demonstrate the safe use of a drum hand truck.
(W) The student shall demonstrate the safe use of a drum upender.
(X) The student shall demonstrate overpacking of a 55 gallon drum by the "V-Roll" and "End Over" Techniques.
(Y) The student shall demonstrate the use of plugging and patching equipment for repairing leaks on piping systems.

(Z) The student shall demonstrate the use of plugging and patching equipment for horizontal and vertical storage tanks.
(AA) The student shall demonstrate the safe use of chemical sampling equipment for solids and liquids.
(BB) The student shall demonstrate the safe use of absorbent materials for containing a liquid spill.
(CC) The student shall demonstrate the safe application of a "Chlorine Institute A Kit".
(DD) The student shall demonstrate the safe application of a "Chlorine Institute B Kit".
(EE) The student shall demonstrate the ability to perform the following functions at a simulated hazardous materials incident:
(i) Analyze the simulated hazardous materials incident to determine the problem and predict the outcome.

(ii) Identify and perform the appropriate ICS positions required to manage the simulated incident.
(iii) Utilize appropriate technical references to determine product identification and hazards, chemical protective clothing required, and appropriate tactical operations and decon procedures.
(iv) Select and use proper chemical protective clothing and equipment.
(v) Develop and utilize a site safety plan.
(vi) Develop and utilize an Incident Action Plan.
(vii) Identify and perform appropriate decontamination procedures.
(viii) Identify and use the appropriate tools and equipment necessary to mitigate the simulated problem.
(ix) Identify and use the selected method for field identification of the released hazardous material.

(x) Identify and use accepted Standard Operating Procedures for hazardous materials incidents.
(FF) The student shall participate in an Incident Debriefing and a Post Incident Analysis.
(GG) Reserved for future use.
(HH) Reserved for future use.
(II) The student shall identify components of the three phases of an effective incident termination: debriefing, post-incident analysis and critique
(2) Certified curriculum for Haz Mat Emergency Response -Tech/Spec (1D): Tactical Field Operations shall include all of the current course material listed in Section 2540(t).
(3) Certified curriculum for the Haz Mat Emergency Response: Tech/Spec (1D): Tactical Field Operations Course shall be 40 hours of training as defined by Title 19 s 2540(j)(4),

(4) Certified curriculum for the Haz Mat Emergency Response: Tech/Spec (1D): Tactical Field Operations Course shall include the following training exercises:
(A) Participation in a Solid and Liquid Sampling Exercise including successful completion of the following objectives:
(i) Identify and use the appropriate tools and equipment required for taking a sample of a solid hazardous material.
(ii) Identify and use the appropriate tools and equipment required for taking a sample of a liquid hazardous material.
(B) Participation in a Weather and Plume Prediction Exercise or a Damming, Diking and Diverting Exercise including successful completion of the following objectives:
(i) Use a Belt Weather Kit to evaluate current weather conditions.
(ii) Using a desktop or laptop computer air dispersion prediction program and given a chemical do a plume prediction based on current weather.
or
(iii) Construct an overflow dam to control flowing products.
(iv) Construct an underflow dam to control flowing products.
(v) Construct a dike to control flowing product from entering a storm drain or sewer.
(vi) Construct a diversion channel to control flowing product.
(C) Participation in a Plugging, Patching and Overpacking Exercise including successful completion of the following objectives:
(i) Demonstrate patching various size leaks in a fifty-five gallon drum.
(ii) Demonstrate overpacking a fifty-five gallon drum.
(iii) Demonstrate the proper use of a Chlorine "A" kit.

(iv) Demonstrate proper use of a Chlorine "B" kit.
(v) Demonstrate controlling various leaks in a pipe prop.
(vi) Demonstrate proper use of a pneumatic tank bandage to control a leak in an above-ground tank.
(D) Participation in an Evaluation Scenario including successful completion of the following objectives:
(i) Analyze the simulated hazardous materials incident to determine the problem and predict the outcome.
(ii) Identify and perform the appropriate positions within the Incident Command System required to manage the simulated incident.
(iii) Identify and utilize the technical references used for providing information for product identification, chemical protective clothing selection, tactical operations and decontamination procedures.

(iv) Select and use proper Chemical Protective Clothing and equipment.
(v) Develop and utilize a Site Safety Plan.
(vi) Develop and utilize an Incident Action Plan.
(vii) Identify and perform appropriate decontamination procedures.
(viii) Identify and use the appropriate tools and equipment necessary to mitigate the simulated problem.
(ix) Identify and use the selected method for field identification of the simulated released hazardous material.
(x) Identify and use the accepted standard operating procedures for hazardous materials incidents.
(xi) Participate in a post-scenario analysis.
(5) Certified curriculum for the Haz Mat Emergency Response: Tech/Spec (1D): Tactical Field Operations Course shall include the following evaluation method:

(A) Completion of the CSTI certified Haz Mat Emergency Response: Tech/Spec  (1D): Tactical Field Operations Final Exam with a minimum passing score of 70% correct.
(B) Student to Instructor/Equipment/etc. Ratios are used in section (6) below to assure students receive an adequate level of experiential learning. See Section 2540(d)(5)(B) for information on break-outs and sectional training.
(6) The following materials/training aids/equipment are required for teaching the Haz Mat Emergency Response: Tech/Spec (1D) Hazard and Risk Assessment Course:
(A) Drums that have been designed with leaks of the following types:
(i) One Side Void (e.g. fork lift or nail puncture);
(ii) One Bung Leak (damaged threads); and,
(iii) One Chine Leak (1/16 holes or saw cut).

(B) Drums for sampling:
(i) One 1A1 with threaded bung, 55 gal.;
(ii) One 1A2 with removable top, 55 gal.; and,
(iii) One non-operable (weld or braze bungs closed).
(C) Overpack:
(i) One DOT 49 CFR 173.3 Salvage Drum, 85 gal.;
(ii) One DOT 49 CFR 173.3 Salvage Drum, 8 gal.; and,
(iii) One DOT 49 CFR 173.3 Salvage Drum, polyethylene.
(D) One 100-150 lb. Chlorine Container designed for vapor leak from the valve area.
(E) One 1 Ton Chlorine Container designed for liquid and vapor leaks from valve and fusible plug.  Container shall be designed to allow instructor to change leak from a liquid to a vapor when students roll the container.
(F) One Fixed Bulk Storage Tank (minimum of 200 gallon capacity) with leaks of a type to facilitate the application of a tank bandage.
(G) Ladders (Fire Service Type) minimum 14 feet.
(H) One Piping System designed to leak liquid or vapor on 2.5 inch or larger pipes including the following:
(i) Valve, Flange, Weld, and Thread Failures;
(ii) Cracked Pipe; and
(iii) Sheared Pipe.
(I) Drum-related:
(i) Plug and Dike;
(ii) Bung Wrench;

(iii) Foam Wedges;
(iv) Epoxy Putty;
(v) Grounding and Bonding;
(vi) New Bungs;
(vii) Speed Wrench and Socket;
(viii) Drum Repair Kit;
(ix) Drum Hand Truck;
(x) Transfer Pump;
(xi) Redwood Plugs; and,
(xii) Drum Lifter.

(J) Chlorine-related:
(i) A Kit; and,
(ii) B Kit.
(K) Fixed Storage Tank-related:
(i) Patching Kits;
(ii) Pneumatic Patching Equipment; and,
(iii) 5-Minute Marine Epoxy.
(L) Piping Leaks-related:
(i) Pneumatic Patching Equipment;
(ii) Patching Kits;
(iii) Flange Gaskets;

(iv) Bolts and Nuts; and,
(v) Hand Tools.
(vi) Pneumatic Tank Patching Equipment (Railroad Tankcar - Related).
(M) Storm Drain-related:
(i) Shovels;
(ii) Sheet Plastic;
(iii) Wheelbarrows;
(iv) Sand;
(v) Over/Underflow Pipes (3-8 inches diameter); and,
(vi) Pneumatic Plugs.

(N) Absorbents (polar and non polar type):
(i) Pads;
(ii) Booms;
(iii) Pillows; and,
(iv) Granular.
(O) Sampling-related:
(i) Colawasa Tube;
(ii) Scoops;
(iii) Pipettes;
(iv) Soil Sample Auger;
(v) Plastic ZipLoc-Type Bags;

(vi) Drum Thiefs;
(vii) Spoons;
(viii) Bottles with Seals and Labels; and,
(ix) 1 Gallon Paint Cans for Overpack.
(P) Monitoring-related:
(i) CGI;
(ii) Oxygen Meter;
(iii) Photoionization Detector;
(iv) Dosimeters;
(v) Radiation Meters, Mr/hr and R/hr;

(vi) Colormetric Tubes;
(vii) Field Chemical ID Kit; and,
(viii) Test Papers.
(ix) One Belt Weather Kit (or Mini-Weather Station)
(Q) Decontamination-related:
(i) Four Containment Pools;
(ii) Four Water Wands;
(iii) Two Hudson Type Garden Sprayers;
(iv) Wash Tubs;
(v) Trash Bags (55 gallon-type);
(vi) Four Garden Hoses or Equivalent;

(vii) Tarps;
(viii) Brush Assortment;
(ix) Sponges; and,
(x) Towels.
(xi) Four Astro-Terf Type Dormats (or similar for pool bottoms).
(R) Other:
(i) Windsock;
(ii) 20 Traffic Cones;
(iii) Barrier Tape;
(iv) Bull Horn; and

(v) Incident Command Vests:
(vi) Computer, loaded with Cameo, Chem Knowledge and Reactivity Worksheet  (Ratio 1 computer for each 3 students)
a. Haz Mat Group Supervisor;
b. Assistant Safety Officer;
c. Entry Team Leader;
d. Decon Team Leader;
e. Technical Reference Leader; and,
f. Site Access Leader.
(S) Reference Materials:
(i) Chemical Dictionary (Hawley's);

(ii) Quick Selection Guide to Chemical Protective Clothing (Forsberg/Mansdorf);
(iii) Handbook Of Reactive Chemical Hazards (L. Bretherick) - or Rapid Guide to chemical Incompatibilities (Pohanish/Green);
(iv) CHRIS Manual (U.S. Coast Guard - Printed or electronic);
(v) American Association of Railroads; Emergency Action Guides;
(vi) Emergency Care for Hazardous Materials Exposure (Currence);
(vii) Farm Chemical Handbook (Meister);
(viii) Pocket Guide to Chemical Hazards (NIOSH);
(ix) Emergency Response Guide Book (DOT).
(T) Protective clothing:
(i) Level A Suits (One Suit for each student. Suit must provide total encapsulation.);

(ii) Level B Suits (one per student);
(iii) Chemical Resistant Boots (one pair per student);
(iv) Chemical Resistant Gloves (one pair per student);
(v) Self-Contained Breathing Apparatus Mask (one per student);
(vi) Self-Contained Breathing Apparatus (one per every two students);
(U) Current ICS Forms:
(i) ICS Form 201 -Incident Briefing;
(ii) ICS Form 202 - Incident Objectives;
(iii) ICS Form 206 - Medical Plan
(iv) ICS Form 208 HM Site Safety Plan Revised 3/98;

(v) ICS Form 214 - Unit Log;
(V) Safety Equipment
(i) First Aid Kit (EMT-1 type).
(ii) Emergency Telephone or Radio (to summon paramedic).
(iii) Covered Observation Area with sufficient capacity to seat entire class and able to provide protection from the rain and sun.
(iv) Flashlights (one per two students).
(v) Emergency Night Lighting sufficient to illuminate entire exercise area.
(7) All leaks generated at the Field Training Facility shall be designed to leak at the approximate gallons per minute (and pressure) that would be found in an actual incident.
(8) Certification for participants in the Haz Mat Emergency Response: Tech/Spec (1D) Tactical Field Operations Course shall include successful completion of the certified course as referenced in 2520(n), delivered by a CSTI certified instructor as referenced in 2530.  Students shall accomplish all objectives, participate in all of the training exercises and scenarios and complete the evaluation method at the 70% standard as referenced in section 2520(n).
(o) (This section reserved for future use.)
(p) Hazardous Materials Emergency Response - Specialist (1F): Specialized Mitigation Techniques.
(1) Certified curriculum for Haz Mat Emergency Response Specialist (1F) Specialized Mitigation Techniques shall include all of the following course objectives:
(A) The student shall define the term "matter", list the three states of matter, describe physical and chemical change, giving examples of each, read and interpret information from the periodic table, describe atomic structure and list the four families: alkali metals, alkaline earths, halogens and noble gases.

(B) The student shall list six salts, provide the chemical formula and list the hazards of each. The student shall identify and name non-salts, list the hydrocarbon radicals and derivatives, draw their structural formulas and list the hazards associated with each.
(C) Given at least five unknown substances, two of which are solid, and three are liquids, the student shall identify or classify by hazard each of the unknown substances.
(D) The student shall identify safe and unsafe behaviors as they pertain to chemical handling.
(E) The student shall identify the principles and tests used in field identification kits to determine the hazards or identity of unknown chemicals.
(F) The student shall describe the process of looking for contaminants in air, list the major components of a normal atmosphere, and list the types of contaminants which make an atmosphere hazardous. The student shall list the OSHA requirements for entry into a confined space, describe the process of finding unknown gases based on vapor density and interpreting results. Also, the student shall list the four uses of monitoring and the types of instruments available, including the capabilities of each. The student shall utilize a monitoring strategy to analyze unknown atmospheres including an analysis of site specific conditions.
(G) The student shall define what Radiation Detection Monitors are designed to detect, describe how they operate, demonstrate how to prepare the Radiation Monitors for use and how to monitor an unknown atmosphere, describe how to interpret the results, and list some of the limitations associated with Radiation Monitors.
(H) The student shall describe the development of an incident action plan for a Radioactive Materials Emergency Incident.
(I) The student shall define what Combustible Gas Indicators (CGI's) are designed to detect, describe how they operate, demonstrate how to prepare the CGI for use and how to monitor an unknown atmosphere, describe how to interpret the results, and list some of the limitations associated with CGI's.
(J) The student shall define what Photoionization Detectors (PID's) are designed to detect, describe how they operate, demonstrate how to prepare the PID for use and how to monitor an unknown atmosphere, describe how to interpret the results, and list some of the limitations associated with PID's.
(K) The student shall identify what colorimetric tubes, electrochemical sensors, flame ionization detectors and infrared spectroscopy are designed to detect; describe how these various devices work; and identify some of the use considerations and limitations associated with these devices.
(L) The student shall recognize explosives by their chemical formula, structure or characteristics; list initiators of explosives. The student shall also list the four categories of explosives, and give examples of common improvised and conventional explosives.
(M) Student shall identify the mechanisms by which heat builds up in workers operating in chemical protective clothing, and the appropriate measures to take for someone experiencing a heat related illness.
(N) Student shall identify procedures by which hazardous materials response personnel shall be medically evaluated at incidents.
(O) The student shall don Level "A" chemical protective clothing and perform simulated hazardous materials mitigation skills. The student shall complete the course or proceed through the course within the limits of one full SCBA tank.
(P) The student shall demonstrate the use of grounding and bonding equipment for product transfer.
(Q) The student shall demonstrate the use of plugging and patching equipment for drums.
(R) The student shall demonstrate the use of transfer pumps for product transfer between drums.
(S) The student shall demonstrate the safe use of a drum hand truck.
(T) The student shall demonstrate the safe use of a drum upender.
(U) The student shall demonstrate overpacking of a 55 gallon drum by the "V-Roll" and "End Over" Techniques.
(V) The student shall demonstrate the use of plugging and patching equipment for repairing leaks on piping systems.

(W) The student shall demonstrate the use of plugging and patching equipment for horizontal and vertical storage tanks.
(X) The student shall demonstrate the safe application of a "Chlorine Institute A Kit".
(Y) The student shall demonstrate the safe application of a "Chlorine Institute B Kit".
(Z) The student shall identify the features of a general service railroad tank car.
(AA) The student shall close a bottom-operated outlet valve to stop a simulated leak on a general service railroad tank car.
(BB) The student shall tighten the cap/plug on a bottom outlet valve using a pipe wrench on a general service railroad tank car.
(CC) The student shall close a top-operated bottom outlet valve on a general service railroad tank car.

(DD) The student shall tighten the stuffing box packing for a top-operating bottom outlet valve using a pipe wrench on a general service railroad tank car.
(EE) The student shall stop a simulated leak on a general service manway using a wrench on a general service railroad tank car.
(FF) The student shall explain the purpose of a vacuum breaker valve and demonstrate the proper method for depressurizing a general service rail car.
(GG) The student shall repair a simulated leak on a liquid line valve on a general service railroad tank car.
(HH) The student shall stop a simulated leak in the vapor line on a general service railroad tank car.
(II) The student shall stop a simulated leak from a safety relief valve on a general service railroad tank car.
(JJ) The student shall identify the features of a pressurized rail car.
(KK) The student shall stop a simulated leak in an angle ball/gate valve on a pressurized rail car.
(LL) The student shall stop a simulated leak in the sample line on a pressurized rail car.
(MM) The student shall stop a simulated leak in the thermometer well of a pressurized rail car.
(NN) The student shall stop a simulated leak in the slip tube gauging device on a pressurized rail car.
(OO) The student shall stop a simulated leak in the safety relief valve on a pressurized rail car.
(PP) The student shall identify the dome features of a pressurized chlorine rail car.
(QQ) The student shall stop a simulated leak on the angle gate valve on a pressurized chlorine rail car.
(RR) The student shall stop a simulated leak on the safety relief valve of a pressurized chlorine rail car.
(SS) The student shall identify advantages of recycling, general conditions and restrictions that apply to recycling, and some of the materials that can and cannot be recycled.
(TT) The student shall identify some of the agencies that might have responsibility for site mitigation management; important considerations regarding funding, transporting waste, utilizing temporary storage facilities, and dealing with citizen concerns. The student shall identify some of the regulations that must be complied with during site mitigation, as well as four legal methods of hazardous waste disposal.
(UU) The student shall identify the three tactical priorities at a haz mat incident, and essential command and control functions. The student shall also be able to describe the levels that a haz mat incident may be divided into, and list criteria for determining those levels.
(VV) The student shall demonstrate the ability to perform one of the following functions at a simulated hazardous materials incident:

(i) Analyze the simulated hazardous materials incident to determine the problem and predict the outcome.
(ii) Identify and perform the appropriate ICS positions required to manage the simulated incident.
(iii) Utilize appropriate technical references to determine product identification and hazards, chemical protective clothing required, and appropriate tactical operations and decon procedures.
(iv) Select and use proper chemical protective clothing and equipment.
(v) Develop and utilize a site safety plan.
(vi) Develop and utilize an Incident Action Plan.
(vii) Identify and perform appropriate decontamination procedures.
(viii) Identify and use the appropriate tools and equipment necessary to mitigate the simulated problem.

(ix) Identify and use the selected method for field identification of the released hazardous material.
(x) Identify and use accepted Standard Operating Procedures for hazardous materials incidents.
(WW) The student shall participate in an Incident Debriefing and a Post Incident Analysis.
(2) Certified curriculum for Hazardous Materials Emergency Response Specialist  (1F) Specialized Mitigation Techniques shall include all of the current course material listed in Section 2540(t).
(3) Certified curriculum for the Hazardous Materials Emergency Response Specialist (1F) Specialized Mitigation Techniques Course shall be 40 hours in length.
(4) Certified curriculum for the Hazardous Materials Emergency Response Specialist (1F) Specialized Mitigation Techniques Course shall include all of the following training exercises:

(A) Participation in a Level "A" Chemical Protective Clothing Manipulative Obstacle Course including successful completion of all of the following objectives while donned in Level "A" CPC:
(i) Student shall be able to walk on uneven terrain.
(ii) Student shall be able to climb a fire service ladder to the working platform on a railroad tankcar.
(iii) Student shall be able to cross underneath a cargo tank or rail car without touching knees to the ground.
(iv) Student shall be able to open and/or close a gate valve.
(v) Student shall be able to right an overturned 55-gallon drum.
(vi) Student shall be able to select the proper tools and unbolt or reconnect a simulated pipe mount.
(vii) Student shall be able to remove and replace a drum bung.

(viii) Student shall be able to remove and replace a threaded pipe cap.
(ix) Using a drum hand truck, student shall be able to move a full 55-gallon drum 50 feet.
(x) Student shall be able to shovel 4 shovels full of dirt.
(xi) Student shall be able to insert a redwood plug in a hole in a tank.
(xii) Using a hand transfer pump, student shall be able to transfer 2 gallons of water from a 55-gallon drum into a bucket, then pour the bucket into another 55-gallon drum.
(B) Participation in a Chlorine "B" Kit Exercise, including successful completion of all of the following objectives:
(i) Student shall be able to select and apply the proper components to mitigate a given leak.
(ii) Student shall be able to roll a 1-ton container to change a liquid leak into a vapor leak.

(C) Participation in an Elevated Storage Tank Exercise, including successful completion of all of the following objectives:
(i) Student shall be able to mitigate leaks using mechanical plugging and patching equipment.
(ii) Student shall be able to mitigate leaks using pneumatic plugging and patching equipment.
(iii) Student shall be able to mitigate leaks using granular plugging and patching materials.
(D) Participation in a Piping Simulator Exercise, including successful completion of all of the following objectives:
(i) Student shall be able to mitigate leaks using mechanical plugging and patching equipment.
(ii) Student shall be able to mitigate leaks using pneumatic plugging and patching equipment.

(E) Participation in a Drum Handling Exercise, including successful completion of all of the following objectives:
(i) Student shall be able to mitigate leaks using mechanical plugging and patching equipment.
(ii) Student shall be able to apply chemical patching materials.
(iii) Student shall be able to demonstrate product transfer operations.
(iv) Student shall be able to demonstrate over-packing a drum.
(v) Student shall be able to demonstrate moving a loaded drum.
(F) Participation in a Level "A" Exercise/Scenario, including successful completion of all of the following objectives:
The student, acting within a team, shall:
(i) Apply hazard and risk assessment.

(ii) Employ entry team operations.
(iii) Utilize sampling and monitoring techniques.
(iv) Establish control zones.
(v) Utilize product control methods.
(vi) Establish decontamination operations.
(vii) Develop site-safety plans and incident-action plan.
(viii) Employ rescue/decontamination of the injured.
(ix) Employ medical surveillance.
(x) Select appropriate protective clothing, reservice and clean.
(xi) Employ Incident Command System.

(xii) Perform field identification of chemical unknowns.
(xiii) Prepare a press release.
(xiv) Utilizing the proper current ICS forms, document all incident operations using the following forms:
(1) ICS Form 201 - Incident Briefing;
(2) ICS Form 202 - Incident Objectives;
(3) ICS Form 206 - Medical Plan
(4) ICS Form 214 - Unit Log;
(5) ICS Form 208 - Site Safety Plan
(5) Certified curriculum for the Hazardous Materials Emergency Response Specialist (1F) Specialized Mitigation Techniques Course shall include the following evaluation methods:

(A) Completion of a Level "A" manipulative obstacle course with a minimum passing score of 100%; and,
(B) Completion of the CSTI certified Hazardous Mat Specialist (1F) Specialized Mitigation Techniques Course Final Exam with a minimum passing score of 70% correct.
(6) The following materials/training aids/equipment are required for teaching the Hazardous Materials Emergency Response Specialist (1F) Specialized Mitigation Techniques Course:
(A) A State Certified Hazardous Materials Field Training Facility (FTF) containing all of the training aids, equipment, reference materials, protective clothing, forms and safety items as designated in Section 2560(a).
(7) Certification for participants in the Hazardous Materials Emergency Response Specialist (1F) Specialized Mitigation Techniques Course shall include successful completion of the certified course as referenced in 2520(p), delivered by a CSTI certified instructor as referenced in 2530. Student shall attend 40 hours of training as defined by Title 19 s 2540(j)(4), accomplish all objectives, participate in the training exercise and complete the evaluation method at the 70% standard as referenced in section 2520(p).
(q) Hazardous Materials Emergency Response - Specialist (1G): Tactical Field Operations.
(1) Certified curriculum for Hazardous Materials Emergency Response Specialist  (1G) Tactical Field Operations Course shall include all of the following course objectives:
(A) Student shall function as a Hazardous Materials Team member under the Incident Command System at a simulated hazardous materials incident.
(B) Student shall demonstrate the ability to perform the duties of a member of the Command Staff within the Incident Command System at a simulated hazardous materials incident.
(C) Student shall demonstrate the ability to perform the duties of a member of the Hazardous Materials Group within the Incident Command System at a simulated hazardous materials incident.
(D) Student shall demonstrate the ability to perform the duties of a member of the Entry Team within the Incident Command System at the simulated hazardous materials incident.
(E) Student shall demonstrate the ability to perform the duties of a member of the Decontamination Team within the Incident Command System at a simulated hazardous materials incident.
(F) Student shall demonstrate the ability to perform the duties of a member of the Technical Specialist Haz Mat Reference Team within the Incident Command System at a simulated hazardous materials incident.
(G) Student shall demonstrate the ability to perform the duties of a member of the Site Access Control Team within the Incident Command System at a simulated hazardous materials incident.
(H) Student shall demonstrate the ability to don and doff chemical protective clothing at a simulated hazardous materials incident.
(I) Student shall demonstrate the ability to collect and handle chemical samples at a simulated hazardous materials incident.

(J) Student shall demonstrate the ability to select, operate and interpret readings from atmospheric monitoring instruments at a simulated hazardous materials incident.
(K) Student shall demonstrate the ability to perform field identification of chemical unknowns at a simulated hazardous materials incident.
(L) Student shall demonstrate the ability to perform medical monitoring of personnel donned in chemical protective clothing and make recommendations based on the results at a simulated hazardous materials incident.
(M) Student shall demonstrate the ability to select and use proper hand tools to mitigate or control a chemical release at a simulated hazardous materials incident.
(N) Student shall demonstrate the ability to implement proper mitigation techniques at a simulated hazardous  materials incident.
(O) Student shall demonstrate the ability to participate in the incident termination phase at a simulated hazardous materials incident.

(2) Certified curriculum for the Hazardous Materials Emergency Response Specialist (1G) Tactical Field Operations Course shall be 40 hours in length.
(3) Certified curriculum for the Hazardous Materials Emergency Response Specialist (1G) Tactical Field Operations Course shall include a minimum of seven of the following training exercises/scenarios, with a minimum of one exercise/scenario conducted in reduced lighting (after sunset):
(A) Participation in a Release of a simulated DOT Hazard Class 6.1 Poison from a Railroad Tankcar Exercise/Scenario.
(B) Participation in a Release of a simulated DOT Hazard Class 2.3 Poison from a Railroad Tankcar Exercise/Scenario.
(C) Participation in a simulated Accidental Release of Unknown Powered Material from a Truck Accident Exercise/Scenario.
(D) Participation in an Abandoned Leaking Drums-Multiple Hazard Exercise/Scenario.
(E) Participation in a Pressurized Gas Leak from a 1-Ton or Smaller Container Exercise/Scenario.
(F) Participation in a Transportation Incident Release of Product in an Open Area Exercise/Scenario.
(G) Participation in a Pressurized Pipeline Emergency Exercise/Scenario.
(H) Participation in a Fixed Bulk Storage Tank Exercise/Scenario.
(I) Participation in a simulated Radioactive Materials Exposure Exercise/Scenario.
(J) Participation in a simulated Corrosive Hazardous Materials Release From Railroad Tankcar Exercise/Scenario.
(K) Participation in a Release of simulated Mixed Hazardous Cargo in a Confined Area Exercise/Scenario.
(L) Participation in a Collection of Evidence and Cleanup of a simulated Illegal Drug Lab Exercise/Scenario.

(M) Participation in a Release of a simulated Combustible or Flammable Liquid from a Railroad Tankcar Exercise/Scenario.
(N) Participation in a simulated Cryogenic Tanker Accident Exercise/Scenario.
(O) Participation in a simulated Release of a Combustible or Flammable Liquid from MC 306/406 Cargo Tank Exercise/Scenario.
(P) Participation in a Stinger Operation on an Overturned MC 306/406 Cargo Tank Carrying simulated Combustible or Flammable Liquids Exercise/Scenario.
(Q) Participation in a Release of a simulated Liquefied Gas from a Railroad Tankcar Exercise/Scenario.
(4) Certified curriculum for the Hazardous Materials Emergency Response Specialist (1G) Tactical Field Operations Course shall include the following evaluation methods:
(A) Completion of the CSTI Hazardous Materials Emergency Response Specialist  (1G) Tactical Field Operations Course Student Participation Record with a minimum passing score of 70% correct in all of the following manipulative skills:
(i) Donning, doffing and working in level "A" or "B" chemical protective clothing.
(ii) Application of atmospheric monitoring equipment including, combustible gas indicator, oxygen sensors, photoionization detector and radiation detection.
(iii) Collection and handling of samples.
(iv) Field identification of chemical unknowns.
(v) Selection and application of leak mitigation equipment.
(vi) Application of appropriate personnel and equipment decontamination.
(vii) Interpretation of printed and computer based reference sources.
(viii) Application of site access control zones.
(ix) Function as a member of the Hazardous Materials Response Team under the Incident Command System.
(x) Function as a member of the Entry Team.
(xi) Function as a member of the Decontamination Team.
(xii) Function as a member of the Technical Reference Team.
(5) The following materials/training aids/equipment are required for teaching the Hazardous Materials Emergency Response Specialist (1g) Tactical Field Operations Course:
(A) A State Certified Hazardous Materials Field Training Facility (FTF) containing all of the training aids, equipment, reference materials, protective clothing, forms, and safety items as designated in Section 2560(a).
(6) Certification for participants in the Hazardous Materials Emergency Response Specialist (1G) Tactical Field Operations Course shall include successful completion of the certified course as referenced in section 2520(q), delivered by a CSTI certified instructor as referenced in section 2530. Student shall attend 40 hours of training as defined by Title 19 s 2540(j)(4), accomplish all objectives, participate  in all training exercises and complete the evaluation methods at the 70% standard as referenced in section 2520(q).
(r) Reserved for future use.
(s) Hazardous Waste General Site Worker
(1) This section applies to:
(A) Hazardous Waste General Site Worker 40 hour course as required by Title 8 CCR 5192(e)(3)(A) and Title 29 CFR 1910.120(e)(3)(i).
(B) Hazardous Waste Occasional Site Worker, 24 hour class as required in  Title 8 CCR 5192(e)(3)(B) and Title 29 CFR 1910.120 (e)(3)(ii).
(C) Hazardous Waste Site Worker, Characterized Site 24 hour class as required by Title 8 CCR 5192(e)(3)(C) and Title 29 CFR 1910.120(e)(3)(iii).
(D) Upgrade to General Site Worker, 16 hour to Hazardous Waste General Site Worker (40 hour level) as required in Title 8 CCR 5192(e)(3)(D) and Title 29 CFR 1910.120(e)(3)(iv).

(2) This training is required to be site-specific. Course Managers will focus the learning materials and manipulative experience to represent the equipment and skill levels present on the specific site. For open-enrollment classes, where the site is unknown or a variety of different sites and situations are represented, all of the material and the below listed manipulative skills will be completed.
(3) Course Managers will use the most current version of the General Site Worker text (and supplemental materials) for both the 40 course and the 24 hour courses. Certified Curriculum will include all of the course objectives listed below.
(A) The students level of understanding of the subject matter will be verified through the use of written pre-course work sheets (contained in the Instructor Guide), homework assignments administered during the course and a minimum 50 question multiple choice/true-false examination with a minimum passing score of 70%. One retake of the exam will be permitted for students who do not attain 70% or better the first time.
(B) The participant shall meet the following knowledge objectives:

(i) Know who is responsible for the health and safety of workers on site and understand the chain of command system
(ii) Understand what Safety Hazards are or could be on a hazardous waste site
(iii) Understand what Health hazards are or could be on a hazardous waste site
(iv) Understand what other hazards which may be found on a hazardous site
(v) Have an understanding of the different types and uses of Chemical Protective Clothing
(vi) Have an understanding of the different types and uses of Safety Clothing
(vii) Have an understanding of the different types and uses of Respiratory Protective Equipment
(viii) Have an understanding of Safe Work practices and site safety
(ix) Understand how to use engineering controls during site activities

(x) Understand what equipment is or may be on a hazardous waste site and how to operate it, or where to find instruction in its use
(xi) Understand what medical surveillance is required, the elements of the program and how to access medical records.
(xii) Understand how to recognize the signs and symptoms of overexposure to hazards
(xiii) Understand the types and purpose of Decontamination at a hazardous waste site
(xiv) Understand the importance of and know the elements of an emergency response plan
(xv) Understand the Personal Protective Equipment requirements of an on-site emergency and the additional skills and equipment which may be required
(xvi) Understand the hazards and procedures associated with entry into a confined space

(xvii) Understand the different elements required in a spill control plan and the methods available to make it effective
(xviii) Understand spill containment and control options available at a hazardous waste site
(xviv) Understand how and why sites and workplaces are monitored and the types of equipment used.
(xx) Non-Mandatory elements of importance:
a. Understand how sites are characterized and analyzed
b. Understand what site control is and it's importance
c. Understand the levels of training within section 5192 and how it relates to the site worker
d. Understand safety issues including: Illumination, sanitation, hearing and other safety issues which may be found on a waste site

e. Understand terminology as it relates to hazardous waste and waste sites
(C) The participant shall meet the following skills objectives and manipulative skills will be verified by the course coordinator prior to advancement to the next skill. All participants (except the 24 hour classes) will complete all of the following:
(i) Hands-on orientation sessions with all equipment as listed in section(D)
(ii) Participation in an obstacle course as listed in section (D) (viii)
(iii) Participation in a scenario or exercise which simulates a hazardous waste site and provides the participants with the opportunity of wearing the proper PPE while performing manipulative tasks.
(D) Skills objectives will include:
(i) In small teams (of 2 or 3) write a site safety and health plan for a simulated hazardous waste site or activity

(ii) Each participant will don and doff Level C, Level B and/or Level A chemical protective equipment in practice, skill development and as directed in the final exercise
(iii) Each participant will don and doff a supplied air respirator and an air purifying respirator
(iv) Each participant will assist in the set-up and operation of a decontamination area and will decontaminate at least one person and be decontaminated themselves at least once.
(v) Each participant will practice drum opening, closing, moving and patching techniques
(vi) Each participant will practice spill containment techniques
(vii) Each participant will demonstrate the set-up and operation of an air monitor which measures at least Oxygen and Flammability (Percent of LEL)
(viii) Each participant will participate in an obstacle course designed to exercise some or all of the skills listed above

(ix) Each participant will assume a role within the final scenario and objectively demonstrate their skill in the task assigned
(x) Optional skill: Each participant will practice two types of sampling during an exercise or the obstacle course
(xi) Student to Instructor/Equipment/etc. Ratios are used in section (6) below to assure students receive an adequate level of experiential learning. See Section 2540(d)(5)(B) for information on break-outs and sectional training.
(4) The following Training aids, materials and equipment are required for teaching the 40 hour Hazardous Materials Waste General Site Worker Class (as noted in section (2) above):
(i) Student Text Books (one per student).
(ii) Reference Materials (one copy per every 4 (four) students) to include but not limited to;
a. NIOSH Pocket Guide to Chemical Hazards (current edition);

b. Appropriate Material Safety Data Sheet(s) for hazardous substances present at the work site, facility and/or industry involved;
c. The most current edition of the Department of Transportations Emergency Response Guide
(iii) Monitoring equipment used at the work site, facility and/or industry involved (one each for demonstration) or as required in (D)(vii) above.
(iv) Personal Protective Equipment used at the work site, facility and/or industry involved (one each for demonstration).
(v) Personal Protective Equipment, of the Level and type used at the site, facility and/or industry involved, for student use. The course manager shall ensure that there are sufficient suits and respiratory equipment on hand to ensure that no suit or respiratory equipment is worn twice without being cleaned and disinfected.
(vi) Forms used at the work site, facility and/or industry involved, including but not limited to:

a. Medical Monitoring Form;
b. Site Safety Health an Safety Plan;
c. Organizational Structure Form.
(vii) Decontamination equipment representative of the standard teaching model  (2 or 3 pool layout) or those used at the work site, facility and/or industry involved.
(viii) Miscellaneous:
a. Tarps or shade to protect participants from heat when outside;
b. Methods of restricting access to the simulated control zones;
c. A method or device for communication during the obstacle course and final exercise;
d. Drum opening, plug, patch and sampling materials

e. Containment and control materials. Such as, but not limited to: Booms, Non-sparking shovels, sorbant, pigs and etc.
(5) Certification for participants in the Hazardous Waste General Site Worker Course shall include all of the following:
(i) Successful completion of the certified course, as referenced in Section 2520(s)
(ii) Meet a minimum attendance of 40 hours and accomplish all course objectives as referenced in Section 2520(s); and,
(iii) Completion of the CSTI certified Hazardous Waste General Site Worker Course Final Exam with a minimum passing score of 70% or better.
(6) Certified Curriculum for Hazardous Waste Occasional Site Worker  (8CCR5192(e)(3)(B)) shall be 24 hours in length and the course shall use the 40 Site Worker text.
(i) Successful completion of the certified course, as referenced in Section 2520(s)
(ii) Meet a minimum attendance of 24 hours and accomplish all course objectives as referenced in Section 2520(s); and,
(iii) Completion of the CSTI certified Hazardous Waste Occasional Site Worker Course Final Exam with a minimum passing score of 70% or better.
(7) Certified Curriculum for Hazardous Waste Site Worker, Characterized Site  (8CCR5192(e)(3)(C)), shall be 24 hours in length and the course shall use the 40 Site Worker text.
(i) Successful completion of the certified course, as referenced in Section 2520(s)
(ii) Meet a minimum attendance of 24 hours and accomplish all course objectives as referenced in Section 2520(s); and,
(iii) Completion of the CSTI certified Hazardous Waste Site Worker, Characterized Course Final Exam with a minimum passing score of 70% or better.

(8) Certification for Hazardous Waste General Site Worker Up-Grade to the 40 hour level from the 24 hours level (8 CCR 5192(e)(3)(D)) shall require the completion of each of the following:
(i) Successful completion of a CSTI/State certified 24 hour course as referenced in Section 2520(s)
(ii) Meet a minimum attendance of 16 hours and accomplish all course objectives as referenced in Section 2520(s)(3)(C). Participation and completion of Day 4 and Day 5 (equivalent to 16 hours) of a five day CSTI Certified 40 hour Hazardous Waste General Site Worker course is considered adequate for skill based objective completion.
(iii) Completion of the CSTI certified Hazardous Waste General Site Worker, 40 hour, Final Exam with a minimum passing score of 70% or better.
(t) Hazardous Materials Emergency Response Technician-Private Industry.
(1) Certified curriculum for Hazardous Materials Emergency Response Technician -Private Industry Course shall include all of the course objectives listed below, except as noted in paragraph (3) of this Section. Course managers shall ensure, to the extent practical, that the training methods used to meet these objectives are focused on the procedures, products and/or facilities in use at the site and/or industry that the particular class is directed at.
(A) The student shall recognize significant federal and state laws and regulations pertaining to hazardous materials and hazardous waste, as well as key provisions of each law and regulation. The student shall describe his/her rights and responsibilities under OSHA regulations and other related laws.
(B) The student shall recognize accepted safety practices common to the industrial setting. The student shall identify standard accident prevention concepts.
(C) The student shall identify key components of his/her employer's hazardous materials emergency response plan.
(D) The student shall describe the components of a site safety plan for a hazardous materials incident and identify key points that should be made in a safety briefing prior to working on the scene.
(E) The student shall recognize basic ICS concepts as they apply to hazardous materials incidents, the general organization of the Incident Command System and the applicable standard ICS forms.
(F) The student shall describe the duties of a member of the Command Staff within the Incident Command System at a hazardous materials incident.
(G) The student shall describe the duties of each position within the Hazardous Materials Group, to include: The Hazardous Materials Group Supervisor, the Entry Leader, the Decontamination Leader, the Site Access Control Leader, the Safe Refuge Area Manager, the Assistant Safety Officer-Hazardous Materials and Technical Specialist- Hazardous Materials Reference.
(H) The student shall recognize the importance of establishing control zones and identify the three control zones to be established at a hazardous materials incident.
(I) The student shall recognize basic chemical and physical terms and behaviors.
(J) The student shall describe the types of exposure, the toxic effects, the dose-response relationship and terms used to describe toxicity and environmental conditions at a hazardous materials incident.
(K) The student shall describe OSHA required Medical Programs including Medical Surveillance Program and Medical Monitoring Program.
(L) The student shall identify the types of hazard and response information available from reference manuals, hazardous materials data bases, technical information centers (i.e. CHEMTREC) and technical information specialists. The student shall explain the advantages and disadvantages of each resource. The student shall utilize various reference sources to identify hazard and response information about various hazardous materials.
(M) The student shall identify the various types of respiratory protection to include: self contained breathing apparatus (SCBA), supplied air respirators (SAR) and air purifying respirators (APR).
(N) The student shall identify the three types of Chemical Protective Clothing: vapor-protective, splash-protective and support-function clothing and describe the advantages and disadvantages of each. The student shall identify the four levels of chemical protection (EPA/NIOSH/NFPA) and match both the equipment required for each level and the conditions under which each level is used. The student shall explain the significance of degradation, penetration and permeation as they relate to suit selection.
(O) The student shall describe the procedures for donning and doffing the respiratory protection devices and protective clothing used at the facility and/or industry involved.
(P) The student shall identify various environmental, mechanical, physiological and psychological stresses to which personnel working in chemical protective clothing are subjected.
(Q) The student shall identify the mechanisms by which heat builds up in workers operating in chemical protective clothing, and the appropriate measures to take for someone experiencing a heat related illness.
(R) The student shall identify procedures by which hazardous materials response personnel will be medically monitored at hazardous materials incidents.
(S) The student shall describe the various monitoring instruments used for air monitoring to include, but not limited to: A combustible gas indicator, a colorimetric tube, a photo-ionization device, an oxygen detection device. (A multi-detection instrument reading combustible gasses, oxygen, carbon monoxide and hydrogen sulfide may also be used.) The student shall describe the theory of operation for each instrument.
(T) The student shall identify the hazards and risks involved with confined space operations during a hazardous materials release.
(U) The student shall describe the information needed to conduct a Hazard and Risk Assessment during a hazardous materials incident.
(V) The student shall identify various offensive control options that may be utilized at a hazardous materials incident including repositioning leaking drums, overpacking, using absorbents, plugging, patching and catching. The student shall describe the purpose of, procedures for, equipment required and safety precautions appropriate for each method.
(W) The student shall identify various defensive control options that may be utilized at a hazardous materials incident including damming, diking and diverting. The student shall describe the purpose of, procedures for, equipment required and safety precautions appropriate for each method.

(X) The student shall identify the various decontamination methods, the types of decontamination, factors that can affect the decontamination process and resources needed to establish a Contamination Reduction Corridor. The student shall also identify general guidelines for Emergency Decontamination, including sources for selecting appropriate decontamination procedures and solutions.
(Y) The student shall identify guidelines for dealing with injured or trapped persons at a hazardous materials incident.
(Z) The student shall describe Incident Termination and Recovery Practices and Procedures.
(AA) The student shall demonstrate the ability to perform one of the following functions at a simulated hazardous materials incident:
(i) Analyze the simulated hazardous materials incident to determine the problem and predict the outcome;
(ii) Identify and perform the appropriate ICS positions required to manage the simulated incident;

(iii) Utilize appropriate technical references to determine product identification and hazards, chemical protective clothing required, and appropriate tactical operations and decon procedures;
(iv) Select and use proper chemical protective clothing and equipment;
(v) Develop and utilize a site safety plan;
(vi) Develop and utilize an Incident Action Plan;
(vii) Identify and perform appropriate decontamination procedures;
(viii) Identify and use the appropriate tools and equipment necessary to mitigate the simulated problem;
(ix) Identify and use the selected method for identification of the released hazardous material; and,
(x) Identify and use accepted Standard Operating Procedures for hazardous materials incidents.

(BB) The student shall participate in an Incident Debriefing and a Post Incident Analysis.
(CC) Student shall define the term "hazardous materials"; identify how hazardous materials can harm people, the environment and property; and state the role of the First Responder at the Operations level as defined by Title 8 California Code of Regulations s5192(q)(6)(B).
(DD) Student shall recognize a Haz Mat incident through basic clues, warning signs, placards, labels, shipping papers, and material safety data sheets; identify the hazardous substance(s) present at the incident from a safe distance; understand the need for a positive safety attitude; and, described a safe approach to a Haz Mat incident.
(EE) Student shall describe first responder awareness actions, understanding the need for responder safety, isolation of the incident scene, the need for additional resources and making required notifications.
(FF) Student shall identify the purpose and need to safely initiate command; describe basic identification and assessment techniques; demonstrate the use of the Department of Transportation North American Emergency Response Guidebook (current DOT NAERG) for basic action planning.
(GG) Student shall identify the need and method to communicate and coordinate with typical agencies from all levels of government having authorized activities dealing with a Haz Mat event, citing those agencies, their roles/responsibilities and capabilities.
(2) Certified curriculum for Hazardous Materials Emergency Response Technician -Private Industry Course shall include all of the current course material listed in Section 2540(t).
(3) Certified curriculum for Hazardous Materials Emergency Response Technician -Private Industry Course shall be 40 hours in length if the class participants have not had First Responder Operations training meeting the minimum competencies specified in Title 8, California Code of Regulations, Section 5192(q). If all of the class participants have had such training and present proof of that to the Course Manager then the minimum hours for a Certified Course may be 24 hours. A Certified Course 24 hours in length may delete the following course objectives from this Section: (I), (M), (N), (U), (W), and (CC)-(GG). A Certified Course shall include the below listed training exercises. All training exercises for this course should focus on procedures, products and facilities in use at the site and/or industry.
(A) Participation in an Introduction to Protective Clothing Exercise, including successful completion of the following objectives:
(i) Student shall identify and discuss the basic concept of chemical protective clothing, component parts, types of manufacturer, and the importance of compatibility charts.
(ii) Student shall identify and discuss the basic concept of respiratory devices, component parts, types of respiratory devices, and the importance of their use.
(iii) Completion of a Practical Course wearing "Level A" or "Level B" complete Chemical Protective Clothing Ensemble. The course shall consist of the following manipulative tasks: Walking on uneven ground, negotiate under a low object, climb a ladder, plug and patch a container, insert a drum bung, bond and ground a drum, over-pack a drum.
(B) Participation in an Introduction to Levels of Chemical Protective Clothing Exercise including successful completion of the following objectives:

(i) Student shall identify and discuss the basic concept of levels of chemical protective clothing; and,
(ii) Student shall identify different systems, and explain which one is the most appropriate for use in their workplace.
(C) Participation in an Introduction to Monitoring and detection Device Exercise, including successful completion of the following objective:
(i) Student shall identify, discuss and use monitoring and detection devices and identify and evaluate the meter readings from six (6) unknown chemicals.
(D) Participation in an Introduction to Offensive and Defensive Control Options Exercise, including successful completion of the following objective:
(i) Student shall identify, discuss and perform the basic concepts of plugging, patching and containment.
(E) Participation in an evaluation scenario including successful completion of the following objectives:

(i) Analyze the simulated hazardous materials incident to determine the problem and predict the outcome;
(ii) Identify and perform the appropriate positions within the Incident Command System required to manage the simulated incident;
(iii) Identify and utilize the technical references used for providing information for product identification, chemical protective clothing selection, tactical operations and decontamination procedures;
(iv) Select and use proper chemical protective clothing (CPC), and equipment;
(v) Develop and utilize a Site Safety Plan;
(vi) Develop and utilize an Incident Action Plan;
(vii) Identify and perform appropriate decontamination procedures;
(viii) Identify and use the selected method for field identification of the simulated released hazardous material;

(ix) Identify and use the accepted standard operating procedures for hazardous materials incidents; and,
(x) Participate in a post-scenario analysis.
(4) Certified curriculum for Hazardous Materials Emergency Response Technician -Private Industry Course shall include the following evaluation method:
(A) Completion of the CSTI certified Haz Mat Emergency Response Technician - Private Industry Course Final Exam with a minimum passing score of 70% correct.
(5) The following materials/training aids/equipment are required for teaching the Hazardous Materials Emergency Response Technician -Private Industry Course:
(A) Student Text Books (one per student).
(i) If the Course Manager conducts the class in 40 hours they shall use the Hazardous Materials Emergency Response Technician -Private Industry Student Notebook.

(ii) If the Course Manager conducts the class in 24 hours they shall use the Hazardous Materials Emergency Response Technician -Private Industry (24 Hour) Student Notebook.
(B) Reference Materials (one copy per every 10 students)-
(i) NIOSH Pocket Guide to Chemical Hazards (current edition);
(ii) Department of Transportation North American Emergency Response Guidebook  (current edition);
(iii) An appropriate Material Safety Data Sheet for a chemical used at the facility and/or industry involved;
(iv) California Hazardous Materials Incident Contingency Plan (current edition).
(C) Monitoring equipment used at the facility and/or industry involved (one each for demonstration).

(D) Chemical protective clothing used at the facility and/or industry involved  (one each for demonstration).
(E) Chemical protective clothing, of the Level and type used at the facility and/or industry involved, for student use. The course manager shall ensure that there are sufficient suits on hand to ensure that no suit is worn twice without being cleaned and disinfected.
(F) Forms used at the facility and/or industry involved, including but not limited to:
(i) Medical Monitoring Form;
(ii) Site Safety Plan;
(iii) Current ICS Forms, including:
a. Form 201 Incident Briefing,
b. Form 202 Incident Objectives,

c. Form 205 Incident Radio Communications Plan, and
d. Form 214 Unit Log.
(G) Decontamination equipment used at the facility and/or industry involved.
(H) Miscellaneous:
(i) A device to indicate approximate wind direction and velocity;
(ii) Methods of restricting access to the simulated control zones;
(iii) Devices or methods of communication between the simulated incident commander, simulated response team and exercise facilitators;
(iv) Incident Command vests for at least the following ICS positions:
a. Haz Mat Group Supervisor,
b. Assistant Safety Officer,

c. Entry Leader,
d. Decon Leader,
e. Technical Reference Leader,
f. Site Access Leader, and
g. Safe Refuge Area Manager.
(6) Certification for participants in the Hazardous Materials Emergency Response Technician -Private Industry Course shall include all of the following:
(A) Successful completion of the certified course, as referenced in Section 2520 (t);
(B) Successful completion of the certified course as referenced in Section 2520 (t) as coordinated by a CSTI Haz Mat Section faculty member; and,
(C) Attend 40 hours of training as defined by Title 19 s 2540(j)(4), except as noted in Paragraph (3) of this Section and accomplish all course objectives as referenced in Section 2520 (t).
(u) Hazardous Materials Emergency Response - Advanced Environmental Crimes Investigations.
(1) Certified curriculum for Hazardous Materials Emergency Response Advanced Environmental Crimes Investigations Course shall include all of the following course objectives:
(A) Student shall recognize an environmental crime scene and follow recognized principles of toxicology, chemistry and sampling while conducting the field investigation.
(B) Student shall identify areas of the crime scene which would require sampling, obtain an enforcement sample and recognize the type of laboratory analysis needed to prove the case.
(C) Student shall conduct advanced chemical field testing and identify a series of unknown chemicals by chemical name, DOT hazard class and properties.

(D) Student shall use the principles of advanced investigation techniques to identify the suspects in a complex investigation.
(E) Student shall apply the principles of advanced interviewing skills.
(F) Student shall be familiar with the requirements of conducting undercover operations.
(G) Student shall become familiar with the skills necessary to conduct surveillance operations.
(H) Student shall outline the investigative steps necessary to conduct a complex environmental crimes case, collect evidence, explain the process for obtaining search warrants and deliver an oral briefing of the case.
(I) Student shall understand how to conduct an ethical investigation and know the steps of developing an environmental policy.
(J) Student shall identify legal trends and legislative updates.
(K) Student shall know how to conduct successful task force operations.

(2) Certified curriculum for Hazardous Materials Emergency Response Advanced Environmental Crimes Investigations Course shall be 40 hours in length and shall include all of the current course material listed in Section 2540(t).
(3) Certified curriculum for Hazardous Materials Emergency Response Advanced Environmental Crimes Investigations Course shall include the following training exercises:
(A) Demonstrate proper procedures for field sampling; and,
(B) Demonstrate proper procedures for advanced chemical field testing; and,
(C) Demonstrate ability, through the gathering of information, collection of data from sampling, review of witness statements, to form opinions and determine the correct recommendations for criminal or civil filing of the case.
(4) Certification for participants in the Hazardous Materials Emergency Response Advanced Environmental Crimes Investigations Course shall include successful completion of a certified course as referenced in Section 2520 (u) as delivered by a CSTI certified instructor as referenced in Section 2530. Student shall attend 40 hours of training as defined by Title 19 s 2540(j)(4), accomplish all objectives, and participate in training exercises as referenced in Section 2520 (u).
(v) Hazardous Materials Emergency Response - Emergency Medical Response to Hazardous Materials Incidents: A Guide for First Responders.
(1) Certified curriculum for Emergency Medical Response to Hazardous Materials Incidents: A Guide for First Responders Course shall include all of the following course objectives:
(A) Student shall describe the recognition clues for determining the hazards present to the responder and patients at a hazardous materials incident.
(B) Student shall describe the need for appropriate decontamination of personnel, patients and equipment, including the ability to identify situations which present risks from secondary contamination.
(C) Student shall identify the role of Emergency Medical Service personnel at a hazardous materials incident.

(D) Student shall identify and describe the Emergency Medical Service component at a hazardous materials incident.
(E) Student shall demonstrate identification and hazard assessment techniques.
(F) Student shall demonstrate use of the current edition of the North American Emergency Response Guidebook in order to initiate basic action planning.
(G) Student shall describe the need for, types, selection criteria and limits of personal protective equipment commonly used at a hazardous materials emergency.
(H) Student shall describe the preparation necessary for receiving patients who have been exposed to hazardous materials, and the treatment considerations for the patient who has been exposed to hazardous materials.
(I) Student shall describe the monitoring steps and elements of medical support for hazardous materials response personnel.
(J) Student shall identify patient needs assessment techniques and describe the appropriate level of emergency medical care at a hazardous materials incident.

(K) Student shall identify the actions required to terminate a hazardous materials incident.
(3) Certified curriculum for the Emergency Medical Response to Hazardous Materials Incidents: A Guide for First Responders Course shall be a minimum of 16 hours in length and shall include all of the course material listed in Section 2540(t).
(4) Certified curriculum for the Emergency Medical Response to Hazardous Materials Incidents: A Guide for First Responders Course shall include the following training exercise:
(A) Participation in a table-top exercise including successful completion of the following objectives:
(i) Demonstrate identification and hazard assessment techniques;
(ii) Demonstrate use of the current version of the North American Emergency Response Guidebook in order to initiate basic action planning.
(5) Certified curriculum for the Emergency Medical Response to Hazardous Materials Incidents: A Guide for First Responders Course shall include the following evaluation method:
(A) Completion of a CSTI certified Emergency Medical Response to Hazardous Materials Incidents: A Guide for First Responders Course written exam with a minimum passing score of 70% correct.
(6) Certification for participants in the Emergency Medical Response to Hazardous Materials Incidents: A Guide for First Responders Course shall include successful completion of a certified course as referenced by Section 2520 (v) as delivered by a CSTI certified instructor as referenced in Section 2530. Student shall meet a minimum attendance of 16 hours, accomplish all objectives, participate in the training exercise and complete the evaluation method at the 70% standard as referenced in Section 2520 (v).
(w) Hazardous Materials Emergency Response - Hazardous Materials Operations and Decontamination for Health Care
(1) Certified curriculum for Hazardous Materials Operations and Decontamination for Health Care shall include all of the following course objectives:

(A) Student shall recognize a Haz Mat incident through basic clues, warning signs, placards, labels, shipping papers, and material safety data sheets; understand need for a positive safety attitude; and, describe a safe approach to a Haz Mat incident.
(B) Student shall describe first responder operations actions, with an understanding of the need for safety, isolation and making required notifications to a hazardous materials incident.
(C) Student shall identify the purpose and need to safely initiate command; describe the basic implementation of the Incident Command System (ICS) and the Hospital Emergency Incident Command System (HEICS), cite basic identification and assessment techniques; demonstrate the use of the current edition of the Emergency Response Guidebook or other appropriate reference sources for basic action planning.
(D) Student shall explain the need for, types, selection criteria and limits of protective equipment commonly used in Haz Mat incidents.
(E) Student shall identify need for the appropriate field decontamination of victims, emergency response/facility personnel and equipment, in order to avoid additional contamination; and cite the requirements for proper disposal and documentation during a hazardous materials response.
(F) Student shall describe proper procedures for the set up of a decontamination area at their Emergency Department should a contaminated victim of Hazardous Materials walk in.
(G) Student shall cite the health effects that Hazardous Materials present to the first responder's life and safety.
(H) Student shall describe methods to determine what types of Hazardous Materials are used by the healthcare facility and local industries in order to plan for Hazardous Materials victims in their Emergency Department.
(I) Student shall describe the value, methods and limitations of stabilizing the Haz Mat incident through safe containment; and, describe the proper protective action and rescue options available to first responders, within their capabilities and resources.
(J) The student shall understand the need for Decontamination training for First Responders at the Operations Level.
(K) The student shall understand the basic principles of decontamination. The student shall understand the protocols for performing Patient Decontamination.
(L) The student shall participate in a demonstration, walk-through and practice of decontamination protocols, to aid in the ability to set-up Patient Decontamination per the student's employer's guidelines or generic Decontamination Standard Operating Procedure.
(M) The student shall understand the personal protective equipment protocols and safety issues associated with Primary Decontamination.
(N) Student shall identify the need and method to communicate and coordinate with typical agencies from all levels of government having authorized activities dealing with a hazardous materials event, citing those agencies, their roles/responsibilities and capabilities.
(2) Certified curriculum for Hazardous Materials Operations and Decontamination for Health Care Course shall be a minimum of 16 hours in length and shall include all of the course material listed in Section 2540(t).

(3) Certified curriculum for Hazardous Materials Operations and Decontamination for Health Care Course shall include the following training exercises:
(A) Demonstrate proper use of the current edition of the Emergency Response Guidebook or other appropriate reference sources to include the successful completion of the following objectives:
(i) Student shall determine hazards to the first responder and Hazardous Materials victim.
(ii) Student shall determine if personal protective equipment is appropriate.
(B) The student shall participate in an activity requiring them to properly don and doff appropriate chemical protective clothing (CPC) and an activity requiring them to complete a practical exercise involving the performance of common manipulative tasks while wearing the appropriate CPC. The student shall understand proper medical monitoring procedures and applicable hand signals before participating in any activity while wearing CPC.
(C) The student shall perform Primary Decontamination, in appropriate chemical protective clothing per the student's employer's guidelines or generic Decontamination Standard Operating Procedure.
(D) The student shall review, and if possible improve, their own or a generic Decontamination Standard Operating Procedure based on the key course content.
(4) Certified curriculum for Hazardous Materials Operations and Decontamination for Health Care Course shall include the following evaluation method:
(A) Completion of a CSTI certified Hazardous Materials Operations and Decontamination for Health Care Course written exam with a minimum passing score of 70% correct.
(5) Certification for participants in the Hazardous Materials Operations and Decontamination for Health Care Course shall include successful completion of a certified course as referenced by Section 2520 (w) as delivered by a CSTI certified instructor as referenced in Section 2540. Student shall meet a minimum attendance of 16 hours, accomplish all objectives, participate in the training exercise and complete the evaluation method at the 70% standard as referenced in Section 2520(e).

(x) Hazardous Materials Emergency Response First Responder Operations - Decontamination
(1) Certified curriculum for Hazardous Materials Emergency Response First Responder Operations - Decontamination Course shall include all of the following course terminal objectives:
(A) The student shall understand the need for Decontamination training for First Responders at the Operations Level.
(B) The student shall understand the basic principles of decontamination.
(C) The student shall understand the protocols for performing Primary Decontamination, consistent with the FIRESCOPE Incident Command System.
(D) The student shall participate in a demonstration, walk-through and practice of decontamination protocols, to aid in the ability to set-up a Primary Decon "Contamination Reduction Corridor," per the student's employer's guidelines or generic Decontamination Standard Operating Procedure.
(E) The student shall understand the personal protective equipment protocols and safety issues associated with Primary Decontamination.
(F) The student shall participate in an activity requiring them to properly don and doff "Level B" personal protective equipment and an activity requiring them to complete a practical exercise involving the performance of common manipulative tasks while wearing "Level B" personal protective equipment. The student shall understand proper medical monitoring procedures and applicable hand signals before participating in any activity while wearing "Level B" personal protective equipment.
(G) The student shall perform Primary Decontamination, in "Level B" personal protective equipment per the student's employer's guidelines or generic Decontamination Standard Operating Procedure.
(H) The student shall review, and if possible improve, their own or a generic Decontamination Standard Operating Procedure based on the key course content.
(2) Certified curriculum for the Hazardous Materials Emergency Response First Responder Operations - Decontamination Course shall include all of the current course material listed in Section 2540(t).

(3) Certified curriculum for the Hazardous Materials Emergency Response First Responder Operations - Decontamination Course shall be a minimum of 8 hours in length and shall include the below listed training exercises.
(A) The student shall participate in an activity requiring them to properly don and doff "Level B" personal protective equipment and an activity requiring them to complete a practical exercise involving the performance of common manipulative tasks while wearing "Level B" personal protective equipment. While performing this activity, they must traverse a distance of at least 200 feet.
(B) Student shall participate in a "Functional Decon Exercise," performing Primary Decontamination, per the student's or generic Decontamination Standard Operating Procedure, that meets the following objectives:
(i) Demonstrate safe operations throughout the exercise;
(ii) Demonstrate selection of a safe Contamination Reduction Corridor, and demonstrate setting up the corridor, including all necessary equipment needed for Primary Decon;
(iii) Demonstrate the safe and effective management and performance of Primary Decon procedures, ensuring "Level B" personal protective equipment in the Contamination Reduction Corridor;
(iv) Demonstrate the proper use of control zones, and maintain proper personal protective equipment for all personnel within all of those zones; and,
(v) Participate in a post-exercise debriefing.
(4) Certified curriculum for Hazardous Materials Emergency Response First Responder Operations - Decontamination Course shall include the following evaluation method:
(A) Completion of the current CSTI certified Hazardous Materials Emergency Response First Responder Operations - Decontamination Course Final Exam with a minimum passing score of 70% correct.
(5) The following materials/training aids/equipment are required for teaching the Hazardous Materials Emergency Response First Responder Operations - Decontamination Course:
(A) Student Text Books (one per student).

(B) Decontamination equipment to support the student's employer's guidelines or generic Decontamination Standard Operating Procedure.
(C) Chemical Protective Clothing, and Self Contained Breathing Apparatus, used at the facility and/or agency involved, or "Level B" personal protective equipment (one each for demonstration).
(D) Medical Monitoring equipment to support the level of Chemical Protective Clothing and Self Contained Breathing Apparatus used at the facility and/or agency involved, or "Level B" personal protective equipment.
(E) Forms used at the facility and/or agency involved, including but not limited to:
(i) Medical Monitoring Form; and
(ii) Site Safety Plan.
(6) Certification for participants in the Hazardous Materials Emergency Response First Responder Operations - Decontamination Course shall include all of the following:
(A) Successful completion of the certified course, as referenced in Section 2520 (x) as delivered by a CSTI certified instructor as referenced by 2530;
(B) Meet a minimum attendance of 8 hours and accomplish all course objectives as referenced in Section 2520 (x); and
(C) Complete the evaluation method at the 70% standard as referenced in Section 2520(x).
(y) Hazardous Materials Emergency Response - First Responder Awareness - Nuclear, Biological and Chemical Agents.
(1) Certified curriculum for First Responder Awareness--Nuclear, Biological and Chemical Agents course shall include all of the following course objectives:
(A) Cite and describe the general types of nuclear, biological, and chemical  (NBC) weapons and agents. State the hazards each present to first responders.
(B) State the indicators that would help a first responder recognize when an incident may involve NBC weapons or agents.
(C) Describe the three basic First Responder actions upon discovery of an incident that potentially involves NBC weapons or agents.
(2) Certified curriculum for First Responder Awareness--Nuclear, Biological and Chemical Agents course shall include all of the current course material listed in Section 2540(t).
(3) A First Responder Awareness -Nuclear, Biological and Chemical Agents course certified under these regulations shall be a minimum of four (4) hours in length.
(4) Certified curriculum for First Responder Awareness -Nuclear, Biological and Chemical Agents course shall include the following training exercise:
(A) Participation in a table-top exercise including successful completion of the following objectives:
(i) Recognize the potential presence of a Nuclear, Biological or Chemical agent; and,

(ii) Identify safety precautions to take at the First Responder Awareness Level; and,
(iii) Identify required notifications the First Responder Awareness shall make.
(5) Certification for participants in First Responder Awareness -Nuclear, Biological and Chemical Agents course shall include successful completion of a certified course as referenced in section 2520(y) as delivered by a CSTI certified instructor as referenced in section 2530. Student shall meet a minimum attendance of four (4) hours, and accomplish all objectives and participate in the required exercise.
(z) Hazardous Materials Emergency Response - First Responder Operations - Nuclear, Biological and Chemical Agents.
(1) Certified curriculum for First Responder Operations -Nuclear, Biological and Chemical Agents course shall include all of the following course objectives:
(A) Cite and describe the general types of Nuclear, Biological, and Chemical  (NBC) weapons and agents. State the hazards each present to first responders. Describe the past use of such agents by terrorists or others.
(B) State the indicators that would help a first responder recognize when an incident may involve NBC weapons or agents.
(C) Describe basic First Responder actions upon discovery of an incident that potentially involves NBC weapons or agents. State basic actions to follow for each general type of NBC agent. Identify sources of assistance and/or information for such incidents.
(2) Certified curriculum for First Responder Operations -Nuclear, Biological and Chemical Agents course shall include all of the current course material listed in Section 2540(t).
(3) A First Responder Operations -Nuclear, Biological and Chemical Agents course certified under these regulations shall be a minimum of six (6) hours in length.
(4) Certified curriculum for First Responder Operations -Nuclear, Biological and Chemical Agents course shall include the following training exercise:

(A) Participation in a table-top exercise including successful completion of the following objectives:
(i) Recognize the potential presence of a Nuclear, Biological or Chemical agent; and,
(ii) Identify response actions, including safety procedures, isolation distances, required notifications and agencies and resources needed; and,
(iii) Conduct safe identification and assessment using the current Emergency Response Guidebook.
(B) At the discretion of the course manager, if the student has not demonstrated all the objectives in (z)(4)(A) above, the course manager may require the student to take a CSTI certified FRO NBC written exam with a passing score of 70%.
(5) Certification for participants in First Responder Operations -Nuclear, Biological and Chemical Agents course shall include successful completion of a certified course as referenced in section 2520(z) as delivered by a CSTI certified instructor as referenced in section 2530. Student shall meet a minimum attendance of six (6) hours, accomplish all objectives and participate in the required exercise, and or complete the CSTI certified FRO NBC exam at or above the 70% standard as referenced in 2520(z)(4)(B).
(aa) Haz Mat Emergency Response - Incident Commander -Nuclear, Biological and Chemical Agents.
(1) Certified curriculum for Incident Commander -Nuclear, Biological and Chemical Agents course shall include all of the following course objectives:
(A) Cite and describe the general types of Nuclear, Biological, and Chemical  (NBC) weapons and agents. State the hazards each present to first responders. Describe the past use of such agents by terrorists or others
(B) State the indicators that would help a first responder recognize when an incident may involve NBC weapons or agents.
(C) Describe the similarities and differences between a hazardous materials incident, a mass casualty incident and an incident involving nuclear, biological or chemical (NBC) agents and identify the issues that make an NBC incident different from other emergency response incidents.
(D) Identify the role and responsibilities of an Incident Commander in an incident involving NBC agents.
(E) Cite the federal and state plans that apply to incidents involving NBC agents.
(F) Identify local, state and federal agencies that are most likely to respond to an incident involving NBC agents. State the response times expected for these agencies.
(G) Compare and contrast the Incident Command System and the Federal Bureau of Investigation's NBC response organization. Explain the need and benefits of unified command in an incident involving NBC agents.
(H) Identify at least 5 "Special/Unique" management issues the Incident Commander will address in managing a valid NBC incident.
(2) Certified curriculum for Incident Commander -Nuclear, Biological and Chemical Agents course shall include all of the current course material listed in Section 2450(t).
(3) An Incident Commander -Nuclear, Biological and Chemical Agents course certified under these regulations shall be a minimum of six (6) hours in length.
(4) Certified curriculum for Incident Commander -Nuclear, Biological and Chemical Agents course shall include the following training exercise:
(A) Given a Nuclear, Biological, or Chemical agent incident, students will participate in a table-top exercise including successful completion of the following objectives:
(i) Recognize the potential presence of a Nuclear, Biological or Chemical agent, including the primary hazard of the agent involved; and,
(ii) Identify safety concerns, management issues, preparedness issues and government resources needed; and,
(iii) Identify ICS positions needed to manage the response to an incident involving NBC agents; and,

(iv) Address and resolve at least one "special/unique" management issue given by the instructor.
(B) At the discretion of the course manager, if the student has not demonstrated all the objectives in (aa)(4)(A) above, the course manager may require the student to take a CSTI certified Haz Mat Emergency Response - Incident Commander - Nuclear, Biological and Chemical Agents written exam with a passing score of 70%.
(5) Certification for participants in Incident Commander -Nuclear, Biological and Chemical Agents course shall include successful completion of a certified course as referenced in section 2520(aa) as delivered by a CSTI certified instructor as referenced in section 2530. Student shall meet a minimum attendance of eight (8) hours, accomplish all objectives and participate in the required exercise, and/or complete the CSTI certified Haz Mat Emergency Response - Incident Commander - Nuclear, Biological and Chemical Agents (at or above the 70% standard) as referenced in 2520(aa)(4)(B).
(bb) Hazardous Materials Emergency Response - Clandestine Methamphetamine Laboratory First Responder Awareness

(1) Certified curriculum for Clandestine Methamphetamine Laboratory First Responder Awareness Course shall include all of the following course objectives.
(A) Student shall recognize the general hazards of clandestine methamphetamine laboratories.
(B) Student shall recognize the risks associated with clandestine methamphetamine laboratories and the potential for negative outcomes they present to first responders.
(C) Student shall recognize the risks associated with clandestine methamphetamine laboratories at the Awareness level.
(D) Student shall recognize basic clues or indicators which may include identifying a vehicle, building, room or other location as a possible clandestine methamphetamine laboratory.
(E) Student shall describe first responder actions upon discovering a clandestine methamphetamine laboratory and state procedures to ensure responder safety, isolate the scene and make necessary notifications.
(2) Certified curriculum for Clandestine Methamphetamine Laboratory First Responder Awareness shall be a minimum of 4 hours in length.
(3) Certified curriculum for Clandestine Methamphetamine Laboratory First Responder Awareness shall include a tabletop exercise involving the recognition of a clandestine methamphetamine laboratory.
(4) Certification for participants in the Clandestine Methamphetamine Laboratory First Responder Awareness Course shall include successful completion of the certified course as referenced in section 2520 (aa) as delivered by a CSTI certified instructor as referenced in section 2530. Student shall meet a minimum attendance of 4 hours, accomplish all objectives, and participate in the training exercise.
NOTE: Certification in the Clandestine Methamphetamine Laboratory First Responder Awareness Course is not equivalent to certification in as First Responder Awareness Level as defined in section 2520(a).
(cc) Hazardous Materials Emergency Response - Clandestine Methamphetamine Laboratory First Responder Operations
(1) Certified curriculum for Clandestine Methamphetamine Laboratory First Responder Operations Course shall include all of the following course objectives.
(A) Student shall recognize the general hazards of clandestine methamphetamine laboratories.
(B) Student shall recognize the risks associated with clandestine methamphetamine laboratories and the potential for negative outcomes they present to first responders.
(C) Student shall describe the role of first responders at clandestine methamphetamine laboratories at the Awareness level.
(D) Student shall recognize basic clues or indicators, identify a vehicle, building, room or other location as a possible clandestine methamphetamine laboratory.
(E) Student shall describe first responder actions upon discovering a clandestine methamphetamine laboratory and state procedures to ensure responder safety, isolate the scene and make necessary notifications.
(F) Student shall describe first responder actions upon discovering a clandestine methamphetamine laboratory and state procedures to ensure responder safety, isolate the scene and make necessary notifications.
(G) Student shall identify the purpose and need to safely initiate command and explain the purpose and procedures of scene control; describe the basic implementation of the appropriate site specific Incident Command System (ICS); and, demonstrate proper information flow from the First Responder to the Incident Commander.
(H) Student shall explain the need for, types, selection criteria and limits of protective equipment commonly used in incidents involving clandestine methamphetamine laboratories.
(I) Student shall describe safe defensive action options available to the First Responder and explain the protective action options available.
(J) Student shall identify the need for and describe procedures to implement the appropriate decontamination of victims, emergency response personnel and equipment.
(K) Student shall describe proper disposal and documentation procedures for responses to incidents involving clandestine methamphetamine laboratories.
(L) Student shall identify the need and describe the methods to communicate and coordinate with typical government agencies which respond to incidents involving clandestine methamphetamine laboratories. The student shall cite those agencies and describe their roles, responsibilities and capabilities.
(M) Student shall state the health effects that clandestine methamphetamine laboratories present to the First Responder's life and health.
(2) Certified curriculum for Clandestine Methamphetamine Laboratory First Responder Operations shall be a minimum of 8 hours in length.
(3) Certified curriculum for Clandestine Methamphetamine Laboratory First Responder Operations shall include a tabletop exercise involving the recognition of a clandestine methamphetamine laboratory.

(4) Certified curriculum for Clandestine Methamphetamine Laboratory First Responder Operations Course shall include the following evaluation method:
(A) Completion of a CSTI certified Clandestine Methamphetamine Laboratory First Responder Operations written exam with a minimum passing score of 70% correct.
(5) Certification for participants in the Clandestine Methamphetamine Laboratory First Responder Operations Course shall include successful completion of the certified course as referenced in section 2520 (bb) as delivered by a CSTI certified instructor as referenced in section 2530. Student shall meet a minimum attendance of 8 hours, accomplish all objectives, participate in the training exercise, and complete the evaluation method at the 70% standard as referenced in 2540(e). NOTE:Certification in the Clandestine Methamphetamine Laboratory First Responder Operations Course is not equivalent to certification in as First Responder Operations Level as defined in section 2520(b).
(dd) Hazardous Materials Emergency Response -Mass Casualty Decontamination:
(1) Certified curriculum for Mass Casualty Decontamination shall include all of the following objectives:

(A) Students will demonstrate an understanding of the cultural diversity that exists in their response areas and how that would relate to a mass decontamination process;
(B) Students shall recognize the need to protect the modesty of the general public when decontamination is required;
(C) Students shall recognize the challenges presented by multiple languages be used at an incident scene;
(D) Students shall demonstrate an understanding of what decontamination problems are presented by the various chemical, biological and radiological agents they may encounter;
(E) Students shall identify the need for appropriate field decontamination of victims, emergency response personnel and equipment in order to avoid additional contamination;
(F) Students shall identify the differences between Emergency and Planned Decontamination and indicate when they should be used in mass decontamination situations;
(G) Students shall identify methods of accessing technical experts and reference sources in determining the need for decontamination;
(H) Students shall become familiar with the various types of equipment that can be purchased or improvised to assist in mass casualty decontamination incidents;
(I) Students shall recognize the problems associated with the transportation of large numbers of victims, and the need to insure adequate decontamination has been performed prior to transport; and
(J) Students shall recognize the needs, operational procedures and limitations of their local hospitals and emergency departments.
(2) Certified curriculum for Mass Casualty Decontamination shall be a minimum of 8 hours in length and include all of the course material listed in Section 2540(t):
(3) Certified curriculum for Mass Casualty Decontamination shall include the following training exercises:
(A) Demonstrate the selection and use of the proper level of chemical protective clothing;
(B) Demonstrate the ability to utilize and set up assorted commercial mass casualty decontamination modesty structures;
(C) Demonstrate the ability to improvise modesty structures at an incident using available vehicles and equipment typically carried on fire apparatus;
(4) Certified curriculum for Mass Casualty Decontamination shall include the following evaluation method:
(A) Completion of the certified Mass Casualty Decontamination Course and participation in the hands on field exercises.
(5) Certification for participants in the Mass Casualty Decontamination Course shall include successful completion of a certified course as referenced by Section 2520(dd), delivered by a CSTI instructor as referenced in Section 2530. Students shall meet a minimum attendance of 8 hours, accomplish all objectives and participate in the field training exercises referenced in Section 2520(dd)
 

  Note: Authority cited: Section 8574.20(a), Government Code. Reference:  Section 8574.20(b), Government Code. 
  
 






s 2530. Instructor Certification Requirements.
 (a) To become a California State Certified Hazardous Materials Instructor for Haz Mat First Responder Awareness/Operations, Haz Mat Incident Commander, Haz Mat Executive Management, Haz Mat Investigations, Haz Mat Environmental Monitoring, or Haz Mat Incidents at Ports, or Haz Mat Emergency Response Incident Commander -Nuclear, Biological and Chemical Agents and Haz Mat Emergency Response First Responder Operations -Nuclear, Biological and Chemical Agents courses, the applicant shall complete all of the following requirements:
(1) Submission of CSTI Application Form, as referenced in Section 2550(a)(11), to the Office of Emergency Services, California Specialized Training Institute; and
(2) Agreement to adhere to the policies, procedures and administrative requirements for delivering, documenting, and certifying the California Hazardous Substances Incident Response Training and Education Program as contained in title 2 of the California Government Code, division 1, chapter 7, sections 8574.19-8574.21 and title 19 of the California Code of Regulations, chapter 1, subchapter 2, sections 2510-2560; and
(3) Successful completion of the certified course(s), as referenced in section 2520(a)-(g) or (y)-(aa) in which the applicant is seeking instructor certification or take a 8 hour CSTI "specialized" train the trainer condensed course on courses listed under section 2520; and
(4) Submission of a resume and supporting documentation describing a minimum of 2 years work experience in hazardous materials response, training, production, investigations, monitoring, or research, or a combination of any six, at the level in which the applicant is seeking instructor certification, as referenced in section 2520(a)-(g) or (y)-(z); and

(5) Successful completion of either (A) or (B):
(A) Hazardous Materials Instructor Certification Course as referenced in section 2520(h); or
(B) Hazardous Materials Instructor Certification For Trainers Course as referenced in section 2520(i); and
(i) California State Fire Marshal Instructor IA and IB Course; or
(ii) University of California or California State University Techniques of Teaching Course; or
(iii) Four semester units of upper division credit in educational materials, methods, or curriculum development from an accredited college, university, community college, or institute; or
(iv) Instructor Certification Course or Teaching Credential from an accredited college, university, community college, or training institute; or
(v) Instructor Certification Course from a nonprofit organization or public agency.
(vi) A letter from the applicant's immediate supervisor or training officer verifying the applicant's competence as a hazardous materials trainer as per 29 CFR 1910.120 Appendix E (revised September 21, 1994).
(b) To become a California State Certified Hazardous Materials Technician/Specialist 1B, 1C, 1D, 1F, 1G, Hazardous Waste General Site Worker or Hazardous Materials Emergency Response Technician -Private Industry Instructor, the applicant shall complete all of the following requirements:
(1) Submission of CSTI Application Form, as referenced in Section 2550(a)(11), to the Office of Emergency Services, California Specialized Training Institute; and
(2) Agreement to adhere to the policies, procedures and administrative requirements for delivering, documenting, and certifying the California Hazardous Substances Incident Response Training and Education Program as contained in Title 2 of the California Government Code, Division 1, Chapter 7, Sections 8574.19-8574.21 and Title 19 of the California Code of Regulations, Chapter 1, Subchapter 2, Sections 2510-2560; and

(3) Successful completion of the certified course(s), as referenced in Section 2520(k)-(q), (s) and (t) in which the applicant is seeking instructor certification; and
(4) Submission of a resume and supporting documentation, including written verification from applicant's department head or designee, describing a minimum of 80 hours of teaching experience and a minimum of 3 years work experience in hazardous materials response, training, production, research, investigations or monitoring, or a combination of any six, relating to the subject area in which the applicant is seeking instructor certification, as referenced in Section 2520(k)-(q), (s) and (t). (To become certified to instruct the Hazardous Waste General Site Worker Course, an applicant's 3 years of work experience must be in the field of hazardous waste operations.); and
(5) Successful completion of either one of the following:
(A) Hazardous Materials Instructor Certification Course as referenced in Section 2520(h); or
(B) Hazardous Materials Instructor Certification For Trainers Course as referenced in Section 2520(i); and,
(c) To become a California State Certified Hazardous Materials Technician/Specialist 1A Instructor, the applicant shall complete all of the following requirements:
(1) All of the requirements specified in Section 2530(b); and
(2) Submission of a photocopy, employer verification or valid supporting documentation for the following:
(A) Bachelor of Science, or Masters of Science or doctoral degree in a physical or life science that included at least two upper division semester (or equivalent quarters) courses in chemistry; or
(B) Two upper division semester (or equivalent quarters) courses in college chemistry with a passing grade of "C" or better; and,
(C) Submission of a resume and supporting documentation, including written verification from applicant's department head or designee, describing a minimum of 80 hours of teaching experience and a minimum of three years of work experience in chemistry training, chemical production or chemical research, or a combination thereof.
(d) To become a California State Certified Hazardous Materials First Responder Operations - Decontamination Instructor, the applicant shall complete all of the following requirements:
(1) All of the requirements specified in Section 2530 (a); and
(2) Complete the Hazardous Materials Emergency Response First Responder Operations Level course, as specified in Section 2520(b); and
(3) Complete the Hazardous Materials Emergency Response First Responder Operations - Decontamination Course Course, as specified in Section 2520 (x).
(e) To become certified to teach a Hazardous Materials Refresher Course, the applicant shall complete all of the following requirements:
(1) To instruct refresher classes based on the courses specified in Section 2530 (a), the applicant shall complete;

(A) All of the requirements specified in Section 2530 (a);
(2) To instruct refresher classes based on the courses specified in Section 2530 (b), the applicant shall complete;
(A) All of the requirements specified in Section 2530 (b);
(3) To instruct refresher classes based on the courses specified in Section 2530 (c), the applicant shall complete;
(A) All of the requirements specified in Section 2530 (c).
(f) To become a California State Certified Hazardous Materials Emergency Medical Response to Hazardous Materials Incidents: A Guide for First Responders Instructor, the applicant shall complete the following requirements:
(1) All of the requirements specified in Section 2530 (a); and
(2) Complete the Hazardous Materials Emergency Medical Response to Hazardous Materials Incidents: A Guide for First Responders course, as specified in Section 2520 (v).

(3) If applicant will be the sole instructor: Submission of a photocopy, employer verification or valid supporting documentation for the following:
(A) Current certification as an EMT-P, at least two years of response experience as an EMT-P, or previously certified EMT-P with at least five (5) years field experience as an EMT-P, completion of First Responder Operations Level training and completion of the First Responder Operations - Decontamination Course as specified in Section 2520 (b) and (x); or
(B) Current certification as an EMT-II, at least two years of response experience as an EMT-II and certification as a Hazardous Materials Technician as specified in Section 2540 (o); or
(C) Current certification as an EMT-I, at least two years of response experience as an EMT-I, at least a Bachelor of Science degree in health sciences and certification as a Hazardous Materials Technician or Specialist as specified in Section 2540 (o);
(5) If applicant will not be the sole instructor: Submission of a photocopy, employer verification or valid supporting documentation for the following: (Applicants certified under this paragraph shall not instruct the sections of the class involving paragraphs (1)(H)-(J) of Section 2520 (v)).
(A) Completion of First Responder Operational Level training as specified in Section 2520 (b) and at least two years of experience in emergency response.
(g) To become a California State Certified Hazardous Materials Emergency Response - Hazardous Materials Operations and Decontamination for Health Care Instructor, the applicant shall complete the following requirements:
(1) All of the requirements specified in Section 2530 (a); and
(2) Complete the Hazardous Materials Emergency Response - Hazardous Materials Operations and Decontamination for Health Care course, as specified in Section 2520 (w); and be certified as a Hazardous Materials Technician/Specialist and have been certified a minimum of five years as an EMT-P or have three years experience in a Health and Safety position in a Healthcare environment, or equivalent, or be currently licensed as a Registered Nurse, Physician Assistant, or Medical Doctor certified to the First Responder Operations/Decontamination level as specified in Section 2520 (b) and 2520 (x).

(h) To become a California State Certified Hazardous Materials Investigations Instructor, the applicant shall complete the following requirements:
(1) All of the requirements specified in Section 2530 (a); and
(2) Complete the Hazardous Materials Investigations course, as specified in Section 2520 (e); and
(3) Provide evidence of current membership (or membership within the last five years) in an Environmental Crimes Investigations Task Force or Unit, and two years of work experience in environmental crimes investigations; and
(4) Provide evidence of specialized expertise in law enforcement and/or fire operations, environmental health and/or crimes investigations, or criminal justice system procedures and protocols.
(i) To become a California State Certified Hazardous Materials Emergency Response Advanced Environmental Crimes Instructor, the applicant shall complete the following requirements:
(1) All of the requirements specified in Section 2530 (a) and (g); and

(2) Complete the Hazardous Materials Emergency Response - Principles of Environmental Crimes Investigations course, as specified in Section 2520 (e); and
(3) Complete the Hazardous Materials Emergency Response - Advanced Environmental Crimes Investigations course, as specified in Section 2520(u); and
(4) Provide evidence of current membership (or membership within the last five years) in an Environmental Crimes Investigations Task Force or Unit, and;
(5) Provide evidence of four years of work experience in environmental crimes investigations.
(j) To become a California State Certified Hazardous Materials Clandestine Methamphetamine Laboratory First Responder Awareness Course Instructor, the applicant shall complete the following requirements:
(1) All of the requirements specified in Section 2530(a); and

(2) Complete the First Responder Awareness Course, as specified in Section 2520 (a); and
(3) Complete the Clandestine Methamphetamine Laboratory First Responder Awareness Course, as specified in Section 2520(aa); and
(4) Provide evidence of specialized expertise in the chemical and physical hazards associated with the clandestine production of methamphetamine.
(k) To become a California State Certified Hazardous Materials Clandestine Methamphetamine Laboratory First Responder Operations Course Instructor, the applicant shall complete the following requirements:
(1) All of the requirements specified in Section 2530 (a); and
(2) Complete the First Responder Operations Course, as specified in Section 2520 (b); and
(3) Complete the Clandestine Methamphetamine Laboratory First Responder Operations Course, as specified in Section 2520 (bb); and

(4) Provide evidence of specialized expertise in the chemical and physical hazards associated with the clandestine production of methamphetamine.
(l) Reserved for future use.
(m) To become a California State Certified "Hazardous Materials - Mass Casualty Decontamination Instructor", the applicant shall complete the following requirements:
(1) All of the requirements specified in section 2530 (a); and
(2) Hold current certification as a Hazardous Materials Technician or Specialist, as defined by section 2540 (o).
 

  Note: Authority cited: Section 8574.20(a), Government Code. Reference:  Section 8574.20(b), Government Code. 
  
 






s 2540. Administrative Procedures.
 (a) Course Manager.
(1) A Course Manager is a California Certified Hazardous Materials Instructor responsible for monitoring, coordinating, and teaching at least 20% of the certified course, as referenced in section 2520.
(2) A Course Manager shall ensure that all instructors (both State certified and noncertified) that teach in a certified course adhere to all requirements designated in Sections 2520 and 2540 as specified for the course being taught.

(3) A Course Manager is responsible for completing, signing, and submitting all required administrative forms as designated in section 2540(c).
(4) A Course Manager is responsible for requesting, signing, paying for and distributing course certificates to students who successfully complete the course as designated in section 2520.
(b) Noncertified Instructors.
(1) A Noncertified Instructor is any instructor who has not received State Certification as referenced in section 2530.
(2) Noncertified Instructors are permitted to teach in certified courses, as referenced in section 2520, only under the supervision of a Course Manager.
(3) Noncertified Instructors, who teach in certified courses, are required to adhere to all requirements designated in Sections 2520 and 2540 for the course being taught.
(c) Course Notification and Certification

(1) All Course Managers who request State certification for any of the courses referenced in section 2520 shall complete and submit a Training Course Notification Form (HM 100), as designated in section 2550, to the California Specialized Training Institute Hazardous Materials Section no later than six weeks prior to the start of the course in which certification is being requested.  If there are any changes in class location, date or time, the Course Manager is required to submit those changes to the CSTI Hazardous Materials Section within 48 hours that the change or changes were made.  If any of the changes described above occur within 48 hours of the course's start time, then the Course Manager is required to notify the CSTI Hazardous Materials Section immediately by telephone.
(2) Course Managers are not permitted to request State certification for Haz Mat Specialist (1F) or (1G) courses, as referenced in Section 2520(p)-(q), until a Field Training Facility for use in said courses has been inspected, approved, and certified according to the procedures established in Section 2560(b).
(3) All Course Managers who request State certification for any of the courses referenced in section 2520 shall complete, sign and submit all of the following administrative forms, as designated in section 2550, to the California Specialized Training Institute Hazardous Materials section no later than six weeks following the last day of the course in which certification is being requested:
(A) Course Roster Form (HM 150);
(B) Student Course Evaluation Forms (HM 140), one per student; and
(C) Class Schedule Form (HM 130).
(4) Completion of the Course Manager Course Evaluation Form (HM 160) is optional.
(5) When a Course Manager completes, signs, and submits the required administrative forms designated in section 2540, he or she is certifying that he/she taught the course according to all of the requirements designated in Sections 2520, 2530 and 2540 for the course being certified and that he/she used the current course curriculum specified in Section 2540(t).
(6) All courses shall be completed, including submission of all forms as designated in Section 2540(c)(3) and payment of all certificate fees and course material costs, to the California Specialized Training Institute within one year of course start date or the course will be considered null and void, unless said course has been granted an extension by the Chief of the Hazardous Materials Section per Section 2540(j)(2).  Null and void courses are not eligible for certification.
(d) Certified Course Curriculum
(1) Course Managers shall not delete any material from a certified curriculum as referenced in section 2520.
(2) This section does not prohibit Course Managers from adding material which exceeds the minimum requirements established for course curriculum in Section 2520 under the condition that said additions do not contradict established State standards and recognized procedures pursuant to this code.
(3) Course Managers shall ensure that all students receive a copy of the appropriate student notebook, as referenced in Section 2520 and 2540(t), for students to retain for the duration of the class.

(4) Course Managers shall ensure that certified classes include all of the requirements specified in the applicable portion of Section 2520.
(5) Course Managers will ensure that courses requiring hands-on or practical application of skills, have sufficient supplies and equipment. Sufficient supplies means that there are enough tools, monitors, suits and other items to allow each student to meet the performance objectives within the course timeframe.
(A) Course Managers will ensure that there is sufficient equipment present at any given class to meet the student to equipment ratio required by the objectives found in section 2520.
(B) Student to Instructor/Equipment/etc. Ratios are used to assure students receive an adequate level of experiential learning. Course Managers may use break-outs or sectional training to reduce the required numbers of equipment (thereby reducing costs without sacrificing instructional quality).
(i) Example: The course: Technician C - Week, requires 1 computer for each 3 students. Given a class of 30 students, ten computers would be required, unless this practical application session were broken into three groups or break-outs. Each group having 10 students and one instructor. One group does air monitoring, one group does technical reference and one group uses the computers. In the case of the computer group, with only 10 students, only 3 computers are needed.
(e) Certified Course Exams
(1) Certified written exams for the courses referenced in section 2520 shall only be developed and revised by the California Specialized Training Institute Hazardous Materials section.
(2) Certified written exams shall only be administered, corrected, and scored by a California State Certified Hazardous Materials Instructor as referenced in section 2530.
(3) No California State Certified Instructor or instructor/staff working with a Certified Instructor is permitted to reveal to any student any direct and verbatim answers derived directly from any certified exam prior to or during the administration of said exam.
(4) No California State Certified Instructor or instructor/staff working with a Certified Instructor is permitted to reveal to any student any direct and verbatim questions derived directly from any certified exam prior to the administration of said exam.
(5) All California State Certified Instructors shall use the most current revision of the certified written exam available from the California Specialized Training Institute at the time of administration of said exam.
(6) A student who fails to pass an exam on the first attempt may be permitted to retake the exam once, if either of the following cases occur:
(A) If, in the opinion of the certified instructor who administered the exam, it appears that the student failed the exam because of difficulty with the English language. In such a case, the certified instructor may give the exam orally to the student.
(B) If, in the opinion of the certified instructor who administered the exam, it appears that the student failed the exam because of lack of knowledge of course material, then the instructor may, at his or her discretion, retrain the student. In such a case, a certified instructor is required to administer the most current alternate version of the written exam, which the student has not taken.  The alternate version of the exam shall be taken within 30 calendar days from the date that the student's first exam was administered.
(7) Any student who fails to pass an exam twice shall be required to retake the entire course in which the student seeks certification.
(8) Any student found to be cheating by a certified instructor during the administration of a certified exam shall not be permitted to pass the said exam. "Cheating" consists of, but is not limited to, acts by students such as consulting the Student Notebook, notes, Instructor Guide or other reference materials during the administration of a certified exam. Exceptions include item 14 below and the use of wall-mounted "Periodic Table of the Elements" as required in 2520 (k)(2).
(9) Any student not permitted to pass a certified exam because of alleged cheating or any student who failed an exam and seeks to contest any exam questions, may appear in person, within 60 days of said exam, before the California Specialized Training Institute Hazardous Materials Section Chief or his/her representative to request to retake an alternative exam.  The Hazardous Materials Section Chief or his/her representative shall approve or deny the request based on evidence presented during the said interview with the student and a follow-up interview with the certified instructor(s) involved.
(10) Students are not permitted to retain or copy any certified exam.  Course Managers must adequately ensure that all certified exams distributed during administration of said exam are returned and accounted for.
(11) Course Managers are required to retain all student answer sheets on which students marked answers for a minimum of 5 years after date exam was administered.  If requested at any time during the five year retention period, the original answer sheets shall be forwarded by the Course Manager to the California Specialized Training Institute Hazardous Materials Section Chief within 10 days.
(12) The maximum time allowed for students to complete a certified written exam may be specified on said exam.  If no time limit is specified, it shall be designated as a maximum of one minute per question (i.e. A 20-question exam shall have a time limit of 20 minutes, unless otherwise specified on said exam).  The Course Manager shall inform the students of the specified or designated maximum time limit for said written exam prior to its distribution to students.

(13) All certified course exams, unless otherwise specified on the cover of the exam, shall be a "closed student notebook/workbook" exam.
(14) The use of the current ERG is allowed on the following CSTI certified exams: First Responder Awareness, 2520(a), First Responder Operations, 2520(b) and Incident Commander, 2520 (c).
(f) Quality Control/Audit Process
(1) Any course taught by a California State Certified Hazardous Materials Instructor, in which he or she has requested to receive State certification, is subject to unannounced field audits conducted by a faculty member of the California Specialized Training Institute Hazardous Materials Section or any Office of Emergency Services employee or authorized representative designated by the Chief of the California Specialized Training Institute Hazardous Materials Section. Field audits may consist of any of the following:
(A) Routine audits designed to determine if instructors are meeting the requirements established in Sections 2520 and 2540 for the course in which certification is being requested.

(B) Special audits investigating complaints of an instructor's misconduct or unprofessional conduct.
(C) Follow-up audits designed to ensure an instructor's compliance with required course changes and corrections of identified deficiencies.
(2) Any course taught by a California State Certified Hazardous Materials Instructor, in which he or she has requested to receive State certification, is subject to mail or telephone audits conducted by a faculty member of the California Specialized Training Institute Hazardous Materials Section or any Office of Emergency Services employee or authorized representative designated by the Chief of the California Specialized Training Institute Hazardous Materials Section. Mail and telephone audits may consist of any of the following:
(A) Survey of student reactions/evaluations of presentations by an instructor(s) and course content of any certified course.
(B) Required submission to the California Specialized Training Institute of all instructors' lesson plans/guides, student notebooks, handouts, and any other written materials used in any certified course.

(3) The auditor shall complete a Course Audit Report (HM 180), as designated in section 2550, for each course audited and provide the California Specialized Training Institute Hazardous Materials Section Chief with a copy of said report for approval within 10 working days following completion of the audit. Upon receiving approval from the Section Chief, the Course Audit Report shall be forwarded to the Course Manager and/or Instructor within 10 working days of approval.
(4) If any deficiencies were identified in the audit, the auditor shall provide a written summary of deficiencies and recommendations for correcting the identified deficiencies to the California Specialized Training Institute Hazardous Materials Section Chief for approval within 10 working days following completion of the audit. Upon receiving approval from the Section Chief, the written summary of deficiencies and recommendations for correcting the identified deficiencies shall be forwarded to the Course Manager and/or Instructor within 10 working days of approval.
(A) If the deficiencies are major or willful violations of these regulations and the CSTI Hazardous Materials Section Chief determines that they cannot reasonably be rectified through remedial training, then he/she shall immediately recommend decertification of the instructor as specified in Section 2540(g)(4) of these regulations. Major violations include, but are not limited to, the following:
(i) Failure to teach a class as specified in the applicable portion of Section 2520.
(ii) Failure to cover all of the course objectives as specified in the applicable portion of Section 2520.
(iii) Failure to teach a class meeting the requirement for minimum hours as specified in the applicable portion of Section 2520.
(iv) Failure to use the curriculum material specified in the applicable portion of Section 2520 and Section 2540(t).
(v) Violation of Section 2540(e)(3)-(5).
(vi) Failure to follow the safety policy as specified in Section 2540(k)(1) and 2540(k)(3)-(5).

(vii) Failure to follow the "Professional Conduct" policy as specified in Section 2540(i).
(viii) Repeated or willful failure to follow administrative procedures as specified in Section 2540 after having been notified in writing of prior failure to follow those administrative procedures.
(5) A Course Manager and/or Instructor, who coordinated and/or taught a course that had been identified as being deficient, shall correct all identified deficiencies prior to coordinating or teaching in another certified course.
(6) Students who have attended a course that had been identified as being deficient shall not be issued certificates until said students have received remedial training in the areas identified as deficient. If the course was identified as being deficient after students have received certificates, the said students shall be notified by CSTI that their certificates are null and void until they receive remedial training in the areas identified as deficient.
(7) A follow-up audit, reported on a form HM 180 as designated in section 2550, shall be conducted by a faculty member of the California Specialized Training Institute Hazardous Materials Section or any Office of Emergency Services employee or consultant designated by the Chief of the California Specialized Training Institute Hazardous Materials Section to ensure that deficiencies have been corrected.
(8) Follow-up audit reports shall be submitted to the California Specialized Training Institute Hazardous Materials Section Chief within 10 working days following completion of the follow-up audit.
(9) The Course Manager is responsible for ensuring that any auditor(s) conducting an audit of said Course Manager's course, in accordance to the procedures established in Section 2540(f), is permitted free and unhindered access to any course requesting State certification.  If the Course Manager fails to provide said auditor(s) with free and unhindered access to said course, then said course may not receive State certification.
(g) Instructor Decertification
(1) A Certified Instructor can be decertified for failure to adhere to the policies, procedures or administrative requirements for delivering, documenting, or certifying a course through the California Hazardous Substances Incident Response Training and Education Program contained in Title 2 of the California Government Code, Division 1, Chapter 7, Sections 8574.19-8574.21 and Title 19 of the California Code of Regulations, Chapter 1, Subchapter 2, Sections 2510-2560.
(2) A Certified Instructor can be decertified for failure to correct all deficiencies identified in an audit as referenced in Section 2540(f).
(3) A Certified Instructor can be decertified for failure to teach a minimum of four hours of instruction in any certified course, or any course using certified curriculum, as referenced in Section 2520, during a calendar year. The calendar year in which an instructor received State Certification is exempt from the four-hour requirement. A Certified Instructor who wants credit for teaching hours only, must ensure that the Course Manager, of the course in which the Certified Instructor taught, includes his/her name and hours to be credited on Class Schedule Form (HM 130) that is submitted to the California Specialized Training Institute. If a Certified Instructor wants to notify CSTI of a course that he/she is teaching and does not want certification for the course, but wants credit for teaching hours only, then the Certified Instructor shall submit a Training Course Notification Form (HM 100) and a Class Schedule Form (HM 130) to CSTI.

(4) The CSTI Hazardous Materials Section Chief shall recommend decertification of an instructor to the Director of CSTI. The final decision to decertify an instructor is determined by the Director of the California Specialized Training Institute within 45 calendar days of the recommendation from the CSTI Hazardous Materials Section Chief.
(5) If the CSTI Hazardous Materials Section Chief recommends decertification of an instructor to the Director of CSTI, then the Section Chief shall, at the same time, cause the instructor being recommended for decertification to be notified by written correspondence outlining the reason(s) for his/her pending decertification. The instructor being recommended for decertification shall be given 30 calendar days (from the date the notification was mailed) to respond in writing to the Director of CSTI for consideration in retaining his/her certification. The Director of CSTI shall review any written correspondence received within the 30-day notification period described above prior to decertifying an instructor.
(6) During the 30-day notification period, designated in Section 2540(g)(5), the instructor pending decertification shall be permitted to appear before the CSTI Hazardous Materials Section Chief and/or the CSTI Hazardous Material Section Instructor Certification Program Coordinator for the purpose of requesting to retain his/her instructor certification. The instructor pending decertification shall be permitted, at the time of appearance, to present any evidence that would assist in a fair and impartial decision regarding the pending decertification. The CSTI Hazardous Materials Section Chief and/or the CSTI Hazardous Material Section Instructor Certification Program Coordinator shall prepare a written summary of the findings of the interview with the instructor pending decertification, including a recommendation to either maintain or withdraw the decertification request, within 10 days following the interview, to the Director of CSTI. The Director of CSTI shall review any written summary of an interview with an instructor pending decertification prepared by the CSTI Hazardous Materials Section Chief and/or the CSTI Hazardous Material Section Instructor Certification Program Coordinator prior to decertifying an instructor.
(7) Any instructor who has been notified that he/she is pending decertification, shall be designated as "under suspension" and shall not be permitted to manage, teach or assist in any course requesting State certification.  An instructor suspension period shall not exceed 90 days.
(8) An instructor who has been decertified in accordance with Section 2540(g)(1) or (2) shall not be permitted to manage, assist, or teach in any course requesting State certification.
(h) Instructor Recertification
(1) An instructor who was decertified in accordance with Section 2540(g)(3) can be recertified by either of the following methods:
(A) Successful completion of the Hazardous Materials Instructor Recertification Course as referenced in Section 2520(j); or
(B) Successful recompletion of the Hazardous Materials Instructor Certification for Trainers Course as referenced in Section 2520(i).
(2) An instructor who was decertified in accordance with Section 2540(g)(1) or 2540(g)(2) is not eligible for recertification.
(i) Professional Conduct
(1) All instructors teaching, coordinating, or monitoring a hazardous materials course as referenced in Section 2520 shall adhere to all of the following professional codes of conduct:

(A) Refrain from making sexist, racist, or obscene remarks during a certified course.
(B) Utilize class time for enhancing the learning of students and not for personal motives unrelated to teaching.
(C) Provide complete and accurate information to the Office of Emergency Services when requested to do so pursuant to Sections 2510-2560.
(D) Teach only subjects in which the instructor is qualified based on training and experience.
(E) Provide an honest and accurate representation of instructor's educational background and work experience to students as it relates to the course of instruction.
(F) Provide an honest and accurate representation of instructor's employment status and instructor relationship with the State.
(2) Any certified instructor who changes his/her address or phone number shall notify CSTI Hazardous Materials Section of said change within 30 days of change.
(j) Class Size, Duration, and Attendance
(1) For any certified course referenced in Section 2520, the Course Manager shall ensure that the Student-to-Instructor ratio does not exceed 50-to-1 for classroom instruction and 15-to-1 for field/exercise instruction.
(2) No single certified course, as referenced in Section 2520, can be taught over any period exceeding 12 consecutive months without consent from the Chief of the Hazardous Materials Section of the California Specialized Training Institute.
(3) The Course Manager is required to document and verify student attendance on a daily basis.  Verification of student attendance is subject to audit. Course Managers should retain such records for a period of not less than five years.
(4) 40 hour class policy. A 40 hour course may be presented in less than 40 hours, however, no less than 36 hours under the following circumstances:

(A) The course coordinator certifies that all practical and learning objectives have been met and completed: and,
(B) The course coordinator certifies that all participants in the course meet the same competency requirements as those taking the full 40 hour course: and,
(C) In situations where a 40 hour class is being presented and the number of students is low or the skill level is very high or other situations as deemed appropriate by the Course Coordinator, the minimum required attendance and certification hours can be changed to as low as 36 hours: and,
(D) The 40 hour duration is not required by any other agency; e.g., the 40 hour Site Worker course cannot be presented in 36 hours due to the OSHA mandate in Title 8 CCR 5192 (e) requiring 40 hours.
(k) Safety Policy
(1) All Course Managers, certified and noncertified instructors who are conducting or participating in any State certified hazardous materials course, as referenced in Section 2520, shall adhere to all of the following safety procedures:

(A) The Course Manager shall provide advance notice to prospective trainees regarding any anticipated physical demands and/or physical performance expectations; examples include an obstacle course, heavy lifting, and high heat environments;
(B) The Course Manager shall provide all instructors participating in their course with a copy, or post a copy at training locations and notify instructors, of this safety policy;
(C) The Course Manager shall ensure that emergency communications (telephone or radio) are accessible at all training locations;
(D) The Course Manager shall ensure for chemical and outdoor practical "hands on" training /exercises that at least one member of the training staff or class, either directly involved in the training event or immediately (within 3 minutes) available at the training location, shall be certified as an EMT-1 or greater. Local EMS may be utilized it they meet response time criteria.
(E) The Course Manager shall ensure that student emergency notification information, including name and phone number of student's emergency contact, be maintained and easily accessible for the duration of training;
(F) The Course Manager shall ensure that all instructors participating in the training event are provided with the location and phone number of the nearest medical facility or are provided communication access to the Emergency Medical System (911).  Additionally, this information shall be conspicuously posted at all training sites;
(G) The Course Manager shall be responsible for appointing a Safety Officer from staff or students for chemical and outdoor practical "hands-exercises/exercises and conducting a safety inspection of all training locations prior to student arrival, reasonably ensuring that no unsafe conditions exist;
(H) The Course Manager shall be aware of environmental factors such as weather or air quality prior to any outdoor instruction, and shall adjust instruction as necessary; to insure student safety;
(I) The Course Manager shall verbally review specific safety rules with all students and ensure that specific safety rules are conspicuously posted;

(J) The Course Manager shall advise students of their responsibility to stop and report any unsafe action during training immediately upon discovery;
(K) The Course Manager and all instructors participating in training shall display an attitude of safety and professional demeanor at all times; and
(L) All instructors shall adhere to this safety policy, and all other specific site safety procedures pertaining to equipment, facilities, and manipulative skills as deemed appropriate by the Course Manager.
(2) All students who are participating in any State certified hazardous materials course, as referenced in Section 2520, shall adhere to all of the following safety procedures:
(A) Students shall notify the Course Manager prior to class of any existing medical condition or illness which may create a safety hazard, health risk, be aggravated or affect performance during training;
(B) In training that requires students to wear an encapsulated suit and/or a self-contained breathing apparatus (SCBA), students shall notify and submit written documentation to CSTI from a medical doctor or employer that they are fit to wear and work in the environment of an encapsulated suit and SCBA and that the student has no known back problems, illness or injuries that would affect student safety or performance in such training;
(C) All students shall be required to provide evidence of medical or physical fitness for training, if the Course Manager questions their ability to perform safely students may be required to show additional proof of fitness:
(D) Students shall immediately notify a member of the training staff of any injury, however slight, sustained during training;
(E) Students shall be responsible for stopping and reporting any unsafe action during training immediately upon discovery; and
(F) Students shall adhere to this safety policy, and all other specific site safety procedures pertaining to equipment, facilities, and manipulative skills as deemed appropriate by the Course Manager.
(3) All Course Managers, certified and noncertified instructors, and students who are conducting or participating in any State certified hazardous materials course, as referenced in Section 2520, shall adhere to the following Response-To-Injury procedures:
(A) In the event of an injury, the following actions shall be taken:
(i) Obtain appropriate medical assistance. In all cases where a student loses consciousness, an evaluation shall be sought from a medical doctor before the student is allowed to return to training;
(ii) Render first aid as necessary by the designated EMT-I, EMT-P, staff members, students trained in first aid, or local EMS System
(iii) Immediate notification (24 hours) by the Course Manager to the CSTI Hazardous Materials Section Chief shall be made if any serious/major injury, life-threatening injury or illness, or death is sustained by a student or instructor during training;
(iv) Notification of lesser injuries not requiring treatment beyond first aid  (e.g. minor lacerations, abrasions, strains, etc.) shall be made by the Course Manager using a written memo format within 10 working days of the injury, to the CSTI Hazardous Materials Section Chief.  The written memo shall include victim's name, home and work address and phone numbers, date and time of injury, description of injury and disposition of treatment, if any; and,
(v) Students who sustain any injury that requires treatment by a physician shall obtain a written medical release from a physician and submit it to the Course Manager before being permitted to resume training. An injured student is required to make notification to CSTI Hazardous Materials Section Chief if said student obtained medical treatment without Course Manager's knowledge;
(4) All Course Managers, certified and noncertified instructors, and students who are conducting or participating in any State certified hazardous materials course, as referenced in Section 2520, that involves chemical monitoring or analysis shall adhere to the following safety procedures:
(A) Student shall be a minimum of 20 feet away from all chemical demonstrations involving reactive chemical, explosive chemicals, or potentially vigorous reactions;
(B) Students shall be in a well ventilated room not to exceed 85 degrees F or outside not to exceed 100 degrees F;
(C) All instructors and students shall wear appropriate chemical protective clothing;
(D) During the handling of chemicals, students shall be monitored according to a student-to-instructor ratio that does not exceed 10-to-1;
(E) An EMT-I, or greater, shall be available on-site or through local EMS, at all times during the handling of chemicals (efforts should be made to have an EMT-P available); and
(F) Escape routes and warning signals should be identified by course manager and discussed with students.
(5) All Course Managers, certified and noncertified instructors, and students who are conducting or participating in any State certified hazardous materials course, as referenced in Section 2520, that involves an outdoor practical field exercise shall adhere to the following safety procedures:
(A) Student-to-Instructor ratio shall not exceed 15-to-1;
(B) Students shall work outdoors in a maximum of 50 minute increments with 10 minute breaks, (except training scenarios);

(C) Students shall not be permitted to remain in a Level A or Level B suit  (maximum suit time) for any period of time exceeding 45 consecutive minutes without a minimum of 30 minute break after doffing suit;
(D) If outdoor temperatures exceed 100 degrees F, student shall take breaks 10 minute minimum every 30 minutes. Above 100 degrees F, student time in chemical protective clothing shall be limited to 15 minutes including standby time and no in-suit training will be allowed when temperatures exceed 105 degrees F;
(E) Adequate drinking water shall be made available to all students and instructors during class hours;
(F) A covered resting/viewing area shall be made available for all students and instructors when environmental conditions dictate;
(G) When students are involved in donning Level A or Level B protective clothing, a back-up student shall assist the student donning the clothing.  If the back-up student discovers a problem, he or she shall assist the student in Level A or Level B clothing to a safe position and then immediately notify an instructor;

(H) A demonstration on proper ladder safety shall be given to all students prior to any training involving ladders; and
(I) An EMT-I, or greater, will be available on site or through local EMS at all times during the use of Level A or Level B Protective Clothing and Equipment and pre and post suit entry medical monitoring, (vital signs), shall be done each time students wear chemical protective clothing.
(l) Certified Course Publication/Marketing Policy
(1) Unless otherwise noted, all course student notebooks and handout materials issued by the California Specialized Training Institute for the State Certified Hazardous Materials Courses referenced in Section 2520 are public domain and, thereby, not subject to copyright.
(2) All materials making reference to the Office of Emergency Services and/or California Specialized Training Institute that are to be used to market or seek attendance in a State Certified Hazardous Materials Course shall be forwarded to the California Specialized Training Institute Hazardous Materials Section Chief for approval prior to their use.

(m) Course Prerequisites
(1) Students shall complete a First Responder Operational Course meeting the minimum content requirements as referenced in Section 2520(b) or an Incident Commander Course meeting the minimum content requirements as referenced in Section 2520(c) prior to being permitted to attend any State Certified Hazardous Materials Technician/Specialist Course as referenced in Section 2520.  The Course Manager shall forward a photocopy of said prerequisite course certificate for each student to CSTI with completed Course Roster (HM 150), as referenced in Section 2550(a)(4).
(2) Students shall complete a First Responder Operational Course meeting the minimum content requirements as referenced in Section 2520(b) or an Incident Commander Course meeting the minimum content requirements as referenced in Section 2520(c) prior to being permitted to attend any State Certified Hazardous Materials Investigations Course as referenced in Section 2520(e). The Course Manager may adopt an equivalent course with prior permission from the CSTI Hazardous Materials Section. The Course Manager shall forward a photocopy of said prerequisite course certificate for each student to CSTI with completed Course Roster (HM 150), as referenced in Section 2550(a)(4).

(3) Applicants shall complete a State Certified Hazardous Materials Investigations Course or its equivalent, as specified in Section 2520(e) prior to attending a State Certified Hazardous Materials Advanced Environmental Crimes Investigations Course as specified in Section 2520(u).
(4) Any student seeking to attend a State Certified Hazardous Materials Advanced Environmental Crimes Investigations Course as specified in Section 2520 (u) shall provide documentation to the Course Manager that verifies that said student is an active member of an environmental crimes investigations team/unit or works in the direct support of an environmental crimes investigation team or unit prior to being allowed to attend.
(5) Students shall complete First Responder Operations training meeting the minimum content requirements as referenced in Title 8 California Code of Regulations, Section 5192(q) prior to being permitted to attend a State Certified Hazardous Materials Emergency Response First Responder Operations - Decontamination Course as referenced in Section 2520(x), or a State Certified Haz Mat Emergency Response-Incident Commander Course meeting the 24 hour minimum class duration requiement as referenced in Section 2520(c)(3), or a State Certified Hazardous Materials Emergency Response Technician -Private Industry Course meeting the 24 hour minimum class duration requirement as referenced in Section 2520(t)(3).
(n) Required Course Materials and Training Aids
(1) Course Managers are required to use course materials, text books, reference books, videos, equipment and training aids that are designated in Section 2520 for specific State certified hazardous materials courses.
(2) Any Course Manager who seeks to substitute other materials, text books, reference books, videos, equipment or training aids in place of those specified in Section 2520, shall submit a written request with a copy of the material(s) to be considered, to the California Specialized Training Institute Hazardous Materials Section Chief for approval prior to use in any certified course.
(o) Technician and Specialist Designation
(1) Any student who has successfully completed all of the Hazardous Materials Technician/Specialist Courses as referenced in Section 2520(k)-(q) shall be recognized as having been trained as a certified Hazardous Materials Specialist by the State of California.

(2) Any student who has successfully completed all of the Hazardous Materials Technician/Specialist Courses as referenced in Section 2520(k)-(n) shall be recognized as having been trained as a certified hazardous Materials Technician by the State of California.
(3) Any Student who seeks to challenge the Technician/Specialist 1A Course, as referenced in Section 2520(k), shall be permitted to take the Technician/Specialist 1A Final Exam only once, as administered by a CSTI Hazardous Materials Section faculty member or designated certified instructor. If said student successfully passes said exam, the student shall be certified as completing the Technician/Specialist 1A Course, as referenced in Section 2520(k).  The regular tuition fee may be charged to the student prior to administering the Technician/Specialist 1A Final Exam.
(p) California Code of Regulations Acknowledgment Receipt
(1) Prior to managing, instructing, or assisting in any course requesting State certification, all certified instructors are required to read, understand, and follow Title 19 CCR 2510-2560.

(2) All certified instructors are responsible for obtaining, reviewing, and complying with all published revisions to these regulations, as designated in Title 19 California Code of Regulations, Division 2, Chapter 1, Subchapter 2, Sections 2510-2560 entitled Hazardous Substances Emergency Response Training.
(q) Specialist Evaluation
(1) The Haz Mat Specialist Evaluation Record (HM 230), as referenced in Section 2550(a)(10), shall only be completed by the Specialist 1G Course Manager or instructor(s) assisting the Course Manager, under the director supervision of said Course Manager.
(2) Instructors who complete the Haz Mat Specialist Evaluation Record (HM 230) shall accurately and objectively evaluate the student's performance based on the certified curriculum as referenced in Section 2520.
(3) Instructors who complete the Haz Mat Specialist Evaluation Record (HM 230) shall complete the "comment section" whenever a student receives a performance grade of "3" (Outstanding) or "O" (Failure).

(4) The Specialist 1G Course Manager is responsible for reviewing and ensuring that the Haz Mat Specialist Evaluation Record (HM 230) is accurate, objective, and contains all required comments.
(5) The Specialist 1G Course Manager is responsible for assigning the final score for all students in his/her course.
(6) A student shall not receive certification in the Specialist 1G Course, as referenced in Section 2520(q), unless he or she receives a score of "1" (Average) or better in each of the five position categories.
(r) Condensed Courses
(1) The Office of Emergency Services will not certify condensed courses after June 30, 1999.
(s) Refresher Courses
(1) The California Specialized Training Institute shall issue a student a Certificate of Completion in Refresher Training for any course referenced in section 2520, except 2520(s), as long as the four components of refresher training are completed, as verified by a qualified current CSTI outreach instructor:
(A) The CSTI outreach instructor shall conduct a review and assessment of the students competencies at the appropriate CSTI standardized course, as referenced in Section 2520, in order to identify what competencies are in need of refresher training; and,
(B) The CSTI outreach instructor shall provide refresher training for the identified competencies identified in (s)(1)(A), and shall provide any updates regarding the jurisdiction/employer hazardous materials plans, policies, and standard operating procedures; and,
(C) The CSTI outreach instructor shall ensure that the student participates in an exercise that includes the objectives to demonstrate the competencies at the appropriate CSTI standardized course, as referenced in Section 2520, and provide coaching that will enhance the achievement of those competencies; and,
(D) The CSTI outreach instructor shall provide a recap of the key points of the refresher training, administer the current CSTI certified refresher exam per the regulations under section 2520(e), and provide remediation as necessary for the commonly missed questions.
(6) The California Specialized Training Institute shall issue a student a Certificate of Completion in Refresher Training for the Hazardous Waste General Site Worker Course if all of the following conditions are met:
(A) Student presents to the Course Manager a valid certificate of completion issued by the California Specialized Training Institute for the Hazardous Waste General Site Worker Course meeting the content requirements referenced in Section 2520(s);
(B) Student actively participates in the 8 hour California Specialized Training Institute's refresher course for the Hazardous Waste General Site Worker Course.
(C) Student actively participates in a review of the training requirements for Hazardous Waste General Site Worker as specified in Title 8 California Code of Regulations Section 5192(e);
(D) Student actively participates in an activity requiring them to complete a practical exercise while wearing a level of chemical protective clothing appropriate to that worksite;
(E) Student demonstrates basic competency of Hazardous Waste General Site Worker level objectives, as referenced in Section 2520(s)(1), during the CSTI Hazardous Waste General Site Worker Refresher Course field training exercise or a Hazardous Waste General Site Worker level refresher exercise developed and approved by student's employer; and
(F) Student successfully completes the CSTI Hazardous Waste General Site Worker Refresher Course written examination with a score of 70% or better.
(7) All administrative procedures, as referenced in Section 2540, shall apply to all refresher courses.
(8) Course Managers seeking to teach any of the refresher courses referenced above shall indicate on the Training Notification Form (HM 100), as referenced in Section 2550, that said course will be in the refresher format.
(9) Course Managers who have completed teaching any of the refresher courses referenced above shall submit to CSTI with the Course Roster Form (HM 150), as referenced in Section 2550, a photocopy of the certificate of the prerequisite course for each student as designated in Section 2540(t)(1)(A) or Section 2540(t)(2)(A).
(10) The Course Manager for the First Responder Awareness Refresher Course shall be a certified First Responder Awareness or Operations Instructor as referenced in Section 2530(a).
(11) The Course Manager for the First Responder Operations Refresher Course shall be a certified First Responder Operations or Incident Commander Instructor as referenced in Section 2530(a).
(12) The Course Manager for the Emergency Response Incident Commander Refresher Course shall be a certified Incident Commander Instructor as referenced in Section 2530(a).
(13) The Course Manager for the Hazardous Materials Emergency Response Technician -Private Industry Refresher Course shall be a certified California State Certified Hazardous Materials Technician/Specialist 1C and 1D or 1F and 1G or Hazardous Materials Emergency Response Technician -Private Industry Instructor as referenced in Section 2530(b). The course manager for a Hazardous Waste General Site Worker Refresher Course shall be a certified California State Certified Hazardous Waste General Site Worker Instructor.
(t) Certified Curriculum
(1) Certified curriculum for the California Hazardous Substances Incident Response Training and Education Program shall consist of Instructor Guides and/or Student Notebooks, effective publication dates as of September 1, 2002 or thereafter, as listed below. Course managers shall ensure that certified classes use the current edition of the documents listed for the applicable course. These documents are incorporated by reference in their entirety into these regulations for the courses described in Section 2520.
Clandestine Methamphetamine Laboratories First Responder Awareness, Student Manual
Clandestine Methamphetamine Laboratories First Responder Awareness, Instructor Guide.
Clandestine Methamphetamine Laboratories First Responder Operations, Student Manual

Clandestine Methamphetamine Laboratories First Responder Operations, Instructor Guide.
Hazardous Materials - Assistant Safety Officer Student Manual
Hazardous Materials - Assistant Safety Officer, Instructor Guide
Hazardous Materials Emergency Response: First Responder Awareness Student Notebook
Hazardous Materials Emergency Response: First Responder Awareness Instructor Guide
Hazardous Materials Emergency Response: First Responder Operations Student Notebook
Hazardous Materials Emergency Response: First Responder Operations Instructor Guide
Hazardous Materials Emergency Response: Incident Commander Student Notebook

Hazardous Materials Emergency Response: Incident Commander Instructor Guide
Hazardous Materials Emergency Response: Executive Management Student Notebook.
Hazardous Materials Emergency Response: Principles of Environmental Crimes Investigations Student Notebook
Hazardous Materials Emergency Response: Environmental Monitoring Student Notebook
Hazardous Materials Emergency Response: Incident at Ports Student Notebook
Hazardous Materials Emergency Response: Instructor Certification Student Notebook
Hazardous Materials Emergency Response: Inst. Cert. for Trainers Student Notebook
Hazardous Materials Emergency Response: Instructor Recertification Student Notebook

Hazardous Materials Emergency Response: Tech/Specialist (1A): Basic Chemistry Student Notebook
Hazardous Materials Emergency Response: Tech/Specialist (1A): Basic Chemistry Instructor Guide
Hazardous Materials Emergency Response: Tech/Specialist (1B): Applied Chemistry Student Notebook
Hazardous Materials Emergency Response: Tech/Specialist (1B): Applied Chemistry Instructor Guide
Hazardous Materials Emergency Response: Tech/Specialist (1C): Incident Considerations Student Notebook
Hazardous Materials Emergency Response: Tech/Specialist (1C): Incident Considerations Instructor Guide
Hazardous Materials Emergency Response: Tech/Specialist (1D): Tactical Field Operations Student Notebook

Hazardous Materials Emergency Response: Tech/Specialist (1D): Tactical Field Operations Instructor Guide
Hazardous Materials Emergency Response Specialist (1F): Specialized Mitigation Techniques Student Notebook
Hazardous Materials Emergency Response Specialist (1F): Specialized Mitigation Techniques Instructor Guide
Hazardous Materials Emergency Response Specialist (1G): Tactical Field Operations Instructor Guide
Hazardous Materials Emergency Response Tech/Spec: Instructor Orientation Student Notebook
Hazardous Materials Emergency Response Technician -Private Industry Student Notebook
Hazardous Materials Emergency Response Technician -Private Industry Instructor Guide

Hazardous Materials Emergency Response Technician -Private Industry (24 Hour) Student Notebook
Hazardous Materials Emergency Response Technician -Private Industry (24 Hour) Instructor Guide
Hazardous Materials Emergency Response Advanced Environmental Crimes Investigations Student Notebook
Hazardous Materials Emergency Response Emergency Medical Response to Hazardous Materials Incidents Student Notebook
Hazardous Materials Emergency Response Emergency Medical Response to Hazardous Materials Incidents Instructor Guide
Hazardous Materials Emergency Response Guidelines for Hospitals and Emergency Departments: Managing the Victims of Hazardous Materials Incidents Student Notebook
Hazardous Materials Emergency Response Guidelines for Hospitals and Emergency Departments: Managing the Victims of Hazardous Materials Incidents Instructor Guide
Hazardous Materials Emergency Response First Responder Operations - Decontamination Student Notebook
Hazardous Materials Emergency Response First Responder Operations - Decontamination Instructor Guide
Hazardous Materials - Mass Casualty Decontamination, Student Manual
Hazardous Materials - Mass Casualty Decontamination, Instructor Guide
Hazardous Materials Operations and Decontamination for Health Care, Student Manual
Hazardous Materials Operations and Decontamination for Health Care Course, Instructor Guide
Hazardous Waste General Site Worker Student Notebook
Hazardous Waste General Site Worker Instructor Guide

HazMat Emergency Response, First Responder Awareness - Nuclear, Biological and Chemical Agents, Student Manual.
HazMat Emergency Response, First Responder Awareness - Nuclear, Biological and Chemical Agents, Instructor Guide.
First Responder Operations -Nuclear, Biological and Chemical Agents Student Notebook
Incident Commander: Nuclear, Biological and Chemical Agents (IC-NBC) Course Participant Workbook




 

  Note: Authority cited: Section 8574.20(a), Government Code. Reference:  Section 8574.20(b), Government Code. 
  
 






s 2550. Administrative Forms.
 (a) The following forms shall be utilized in the administration of the California Hazardous Substances Incident Response Training and Education Program as designated in section 2540:
(1) Training Course Notification Form (HM 100);
(2) Class Schedule Form (HM 130);
(3) Student Course Evaluation Form (HM 140);

(4) Course Roster Form (HM 150);
(5) Course Manager Course Evaluation Form (HM 160);
(6) Course Audit Report Form (HM 180);
(7) FTF Inspection Report Form (HM 190);
(8) CCR Acknowledgment Receipt Form (HM 200);
(9) Teaching Verification Form (HM 220);
(10) Haz Mat Specialist Evaluation Record (HM 230); and
(11) CSTI Application Form
















































 

  Note:    Authority cited: Section 8574.20(a), Government Code; Reference: Hazardous Substances Emergency Response Training, Title 2, Division 1, Chapter 7, Article 3.8, Section 8574.20(b)(c)(f)(g)(h), Government Code. 
  
 






s 2560. Field Training Facility.
 (a) Minimum Requirements
(1) A State Certified Hazardous Materials Field Training Facility (FTF) shall have all of the following training aids:
(A) Drums that have been designed with leaks of the following types:
(i) One Side Void (eg. fork lift or nail puncture);

(ii) One Bung Leak (damaged threads); and
(iii) One Chine Leak (1/16 holes or saw cut).
(B) Drums for sampling:
(i) One 1A1 with threaded bung, 55 gal.;
(ii) One 1A2 with removable top, 55 gal.; and
(iii) One non-operable (weld or braze bungs closed).
(C) Overpack:
(i) One DOT 49 CFR 173.3 Salvage Drum, 85 gal.;
(ii) One DOT 49 CFR 173.3 Salvage Drum, 8 gal.; and
(iii) One Dot 49 CFR 173.3 Salvage Drum, polyethylene.
(D) One 100-150 lb. Chlorine Container designed for vapor leak from the valve area.
(E) One 1-Ton Chlorine Container designed for liquid and vapor leaks from valve and fusible plug. Container shall be designed to allow instructor to change leak from a liquid to a vapor when students roll the container.
(F) One Chlorine Tank Dome designed for liquid line, vapor line and safety relief valve leak.  One leak should be from vibration opening of valve, one leak from a valve loose in its mount, and one leak from a failed safety relief valve.  The tank dome shall be designed to allow the student to read the vapor pressure via one of the vapor lines.
(G) One Fixed Bulk Storage Tank (minimum of 200 gallon capacity) with leaks of a type to facilitate the application of a tank bandage.
(H) One DOT class MC 306/MC 406 type Tank Truck designed to simulate leak from dome cover on overturned tanker.  Tanker must be of sufficient size to allow drilling for stinger operations.
(1) One Railroad Tankcar with domes listed below or domes listed below on a simulated Railroad Tankcar.  All work shall be done on a platform that is no larger than 64 square feet and at least 10 feet above ground level:
(i) One Chlorine Dome meeting requirements specified in Section 2560(a)(1)(F);
(ii) One Pressure Dome designed to leak from liquid valve, vapor valve, and failed safety-relief valve.  The dome shall be designed to allow students to gauge the liquid level in the tank; and,
(iii) One General Service Dome designed to leak from liquid valve.
(J) One Storm Drain designed to allow water flow from an outfall line for students to construct an underflow dam to contain hazardous materials.
(K) One Piping System designed to leak liquid or vapor on 2-12-inch or larger pipes including the following:
(i) Valve, Flange, Weld, and Thread Failures;
(ii) Cracked Pipe; and,
(iii) Sheared Pipe.

(L) Pressure Vessels designed to leak from a valve or valve area including the following:
(i) One 100-150 lb Container.
(ii) One 1-Ton Container meeting the requirements specified in 2560(a)(1)(E); and,
(iii) Two Pressurized Gas Cylinders (e.g.. fumigants, acetylene, oxygen).
(M) One Cargo Box Trailer or Intermodal Container to be used to simulate a traffic accident with mixed cargo involved.
(2) A State Certified Hazardous Materials Field Training Facility (FTF) shall have adequate supplies of all of the following equipment:
(A) Drum-related:
(i) Plug and Dike.

(ii) Bung Wrench.
(iii) Foam Wedges.
(iv) Dye.
(v) Epoxy Putty.
(vi) Grounding and Bonding.
(vii) New Bungs.
(viii) Speed Wrench and Socket.
(ix) Drum Repair Kit.
(x) Drum Hand Truck.
(xi) Transfer Pump.
(xii) Redwood Plugs.

(xiii) Drum Lifter.
(B) Chlorine-related:
(i) A Kit.
(ii) B Kit.
(iii) C Kit.
(iv) Ammonia Atomizer Bottle.
(C) Powdered Materials-related:
(i) Shovels.
(ii) Brooms.
(iii) Plastic Bags.

(iv) Tarps.
(D) Pressurized Gas Cylinders-related:
(i) Hand Tools.
(ii) Valve Thread Cap.
(E) Fixed Storage Tank-related:
(i) Patching Kits.
(ii) Pneumatic Patching Equipment.
(iii) 5-Minute Marine Epoxy.
(F) Piping Leaks-related:
(i) Pneumatic Patching Equipment.
(ii) Patching Kits.

(iii) Flange Gaskets.
(iv) Bolts and Nuts.
(v) Hand Tools.
(G) Cargo Tank-related:
(i) Dome Clamp (MC 306/406).
(ii) Step Ladder.
(iii) Pneumatic Drill.
(iv) Grounding and Bonding Cables.
(v) Grounding Rod.
(vi) Stinger.

(vii) 4" Hole Saw Drill Bit.
(viii) Air Pressure Regulator.
(H) Railroad Tankcar-related:
(i) Hand Tools.
(ii) Pneumatic Tank Patching Equipment.
(iii) Ladders (Fire Service Type), minimum 14 ft.
(iv) Tool Elevator (rope, bag or bucket, and pulleys).
(I) Storm Drain-related:
(i) Shovels.
(ii) Sheet Plastic.
(iii) Wheelbarrows.

(iv) Sand.
(v) Over/Underflow Pipes (3-8 inches diameter).
(vi) Pneumatic Plugs.
(J) Absorbents (polar and non-polar type):
(i) Pads.
(ii) Booms.
(iii) Pillows.
(iv) Granular.
(K) Sampling-related:
(i) Colawasa Tube.

(ii) Scoops.
(iii) Pipettes.
(iv) Soil Sample Auger.
(v) Plastic ZipLoc-type Bags.
(vi) Drum Thief's
(vii) Spoons.
(viii) Bottles with Seals and Labels.
(ix) 1-gallon Paint Cans for Overpack.
(L) Monitoring-related:
(i) CGI.
(ii) Oxygen Meter.

(iii) Photoionization Detector.
(iv) Dosimeters.
(v) Radiation Meters. Mr/hr and R/hr.
(vi) Colormetric Tubes.
(vii) Field Chemical ID Kit.
(viii) Test Papers.
(ix) Belt Weather Kit or Mini-Weather Station
(M) Decontamination-related:
(i) Four Containment Pools.
(ii) Four Water Wands.

(iii) Two Hudson Type Garden Sprayers.
(iv) Wash Tubs.
(v) Trash Bags (55-gallon type).
(vi) Four Garden Hoses or Equivalent.
(vii) Tarps.
(viii) Brush Assortment.
(ix) Sponges.
(x) Towels.
(xi) Four Astro-Terf (type) Doormats (Pool boot scrub)
(N) Other:
(i) Windsock.

(ii) Computer loaded with the following:
(a) Cameo
(b) Chem Knowledge
(c) Chemical Reactivity worksheet
(iii) ICS Vests Including:
(a) Hazmat Group Supervisor
(b) Assistant Safety Officer
(c) Entry Team Leader
(d) Decon Team Leader
(e) Technical Reference Leader
(f) Site Access Leader
(iv) 20 Traffic Cones
(v) Barrier Tape
(vi) Bull Horn
(3) A State Certified Hazardous Materials Field Training Facility (FTF) shall have all of the following reference materials:
(A) Chemical Dictionary (Hawley's).
(B) Quick Selection Guide to Chemical Protective Clothing (Forsberg/Mansdorf)
(C) Handbook Of Reactive Chemical Hazardous (L. Bretherick) or Rapid Guide to Chemical Incompatibilities (Pohanish/Green).
(D) CHRIS Manual (U.S. Coast Guard - Printed or Electronic).
(E) American Association of Railroads, Emergency Action Guides

(F) Emergency Care for Hazardous Materials Exposure (Currence)
(G) Farm Chemical Handbook (Meister).
(H) Pocket Guide to Chemical Hazards (NIOSH).
(I) Emergency Response Guide Book (DOT)
(4) A State Certified Hazardous Materials Field Training Facility (FTF) shall have all of the following protective clothing:
(A) Level A Suits (adequate supply to assure that no suit is worn twice without first being cleaned and disinfected.  Suit must provide total encapsulation.).
(B) Level B Suits (one per student).
(C) Chemical Resistant Boots (one pair per student).
(D) Chemical Resistant Gloves (one pair per student).

(E) Eye Protection (goggles or safety glasses, one pair per student).
(F) Hearing Protection (one set per student).
(G) Air Purifying Respirators (one per student).
(H) Self-Contained Breathing Apparatus Mask (one per student).
(I) Self-Contained Breathing Apparatus (one per every two students).
(5) A State Certified Hazardous Materials Field Training Facility (FTF) shall have an adequate supply of all of the following forms:
(A) ICS Form 201 - Incident Briefing.
(B) ICS Form 202 - Incident Objectives.
(C) ICS Form 206 - Medical Plan
(D) ICS Form 208 - Site Safety Plan

(E) ICS Form 214 -- Unit Log.
(6) A State Certified Hazardous Materials Field Training Facility (FTF) shall have all of the following safety items:
(A) First Aid Kit (EMT-1 type).
(B) Emergency Telephone or Radio (to summon paramedic).
(C) Covered Observation Area with sufficient capacity to seat entire class and able to provide protection from the rain and sun.
(D) Flashlights (one per two students).
(E) Emergency Night Lighting sufficient to illuminate entire exercise area.
(7) All leaks generated at a State Certified Hazardous Materials Field Training Facility shall be designed to leak at the approximate gallons-per-minute (and pressure) that would be found in an actual incident.
(8) Student to Instructor/Equipment/etc. Ratios are used in the preceding sections, above, to assure students receive an adequate level of experiential learning. See Section 2540 (d) (5) (B) for information on break-outs and sectional training.
(b) Inspection and Certification Procedures.
(1) Any FTF Coordinator seeking state certification for a FTF shall notify the California Specialized Training Institute Hazardous Materials Section Chief in writing, requesting an inspection.
(2) Upon written request for FTF inspection from any FTF Coordinator, the California Specialized Training Institute Hazardous Materials Section Chief shall notify the Office of the State Fire Marshal Training Division to arrange for a joint inspection within 45 calendar days of receiving the FTF Coordinator's written request.
(3) The FTF Coordinator requesting the inspection shall be notified, in writing, by the California Specialized Training Institute Hazardous Materials Section as to the date and time for the FTF inspection.  The FTF Coordinator shall arrange for the proper personnel to be at the FTF to operate equipment and demonstrate that the training aids function as required during the inspection.
(4) FTF inspections shall be conducted jointly by representatives from the California Specialized Training Institute Hazardous Materials Section and the Office of the State Fire Marshal Training Division.
(5) Inspectors shall ensure that all the minimum required equipment and training aids, as defined in Section 2560(a), are present and fully operational.  Inspectors shall complete a Field Training Facility Inspection Report (HM form 190), as referenced in Section 2550 and forward it to the California Specialized Training Institute Hazardous Materials Section Chief within 10 working days.  Within 10 working days of receiving the inspection report, the California Specialized Training Institute Hazardous Materials Section Chief shall notify the FTF Coordinator, in writing, that the inspected FTF has been approved or denied certification.  If the FTF is disapproved, the Section Chief shall forward a written report to the FTF Coordinator specifying the inspected FTF's deficiencies.  Once the FTF Coordinator has corrected all of the identified deficiencies, the FTF Coordinator may request another inspection pursuant to this section.
(6) A state certified FTF is required for Hazardous Materials Specialist (1F) and (1G) Courses as referenced in Section 2520(p) and (q).
(7) Any State Certified FTF is subject to unannounced inspection/audits conducted by a faculty member of the California Specialized Training Institute Hazardous Materials Section and/or a designee of the Office of the State Fire Marshal.  Unannounced FTF inspection/audits will be conducted in accordance with the procedures established in Section 2540(f).
(8) If any changes occur in the FTF minimum requirements, as referenced in Section 2560(a), then the Chief of the California Specialized Training Institute Hazardous Materials Section is required to notify all FTF Coordinators in writing of said changes within 30 working days.  FTF Coordinators shall have 90 working days to make all said changes.  Upon completing changes, the FTF Coordinator will notify the Chief of the California Specialized Training Institute Hazardous Materials Section in writing within 30 working days.  The Chief of the California Specialized Training Institute Hazardous Materials Section may, at his or her discretion, initiate an FTF inspection to verify compliance with said changes.  All changes shall be completed prior to any state certified courses being conducted at the FTF.
(9) Mobile FTFs are subject to all of the same procedures and requirements of a fixed site FTF.  Mobile FTFs are required to have all items, as specified in Section 2560(a), at all locations where the Mobile FTF is being used.
(10) The Course Manager shall ensure that the FTF have all training aids and equipment, as required in Section 2560(a), present and operational during the entire course in which the Course Manager is responsible.
(c) Field Training Facility Coordinator
(1) A Field Training Facility Coordinator is a State Certified Hazardous Materials Instructor, as referenced in Section 2530, that is responsible for managing and maintaining a Field Training Facility.
(2) A Field Training Facility Coordinator is responsible for abiding by all procedures specified in Section 2560 and for completing and signing all administrative forms and correspondences pertaining to the FTF.
(3) All Course Managers conducting training at a FTF shall have received prior permission from the Field Training Facility Coordinator.  The FTF Coordinator can deny use of the FTF to a Course Manager, if in the FTF Coordinator's opinion, the FTF is inadequately supplied, maintained, or presents any unsafe training conditions.
(4) The Course Managers conducting training at a FTF shall ensure that minimum required equipment, as referenced in Section 2560(a), is present at the FTF.
 

  Note: Authority cited: Section 8574.20(a), Government Code.  Reference:  Section 8574.20(b), Government Code. 
  
 






s 2570. Short Title.
This subchapter shall be known and may be cited as the Disaster Service Worker Volunteer Program (DSWVP) Regulations.

 






s 2570.1. Purpose.
The Legislature has long provided a state-funded program of workers' compensation benefits for disaster service worker volunteers who contribute their services to protect the health and safety and preserve the lives and property of the people of the state. This program was established to protect such volunteers from financial loss as a result of injuries sustained while engaged in disaster service activities and to provide immunity from liability for such disaster service worker volunteers while providing disaster service.
 

  Note: Authority cited: Sections 8587 and 8580, Government Code. Reference: Section 8657, Government Code; and Sections 3211.9-3211.93a, Labor Code. 
  
 






s 2570.2. Definitions.
 (a) Disaster Service Worker.
(a) A disaster service worker is any person registered with a disaster council or the Governor's Office of Emergency Services, or a state agency granted authority to register disaster service workers, for the purpose of engaging in disaster service pursuant to the California Emergency Services Act without pay or other consideration.
(2) Disaster service worker includes public employees, and also includes any unregistered person impressed into service during a state of war emergency, a state of emergency, or a local emergency by a person having authority to command the aid of citizens in the execution of his or her duties.
(3) Exclusion: Disaster service worker does not include any member registered as an active fire fighting member of any regularly organized volunteer fire department, having official recognition, and full or partial support of the county, city, town or district in which such fire department is located.
(b) Disaster Service.
(1) Disaster service means all activities authorized by and carried on pursuant to the California Emergency Services Act, including approved and documented training necessary or proper to engage in such activities.
(2) Exclusion. Disaster service does not include any activities or functions performed by a person if the disaster council with which the person is registered receives a fee or other compensation for the performance of that person's activities or functions.

(c) Training. For purposes of these regulations, training is a planned activity sponsored by a disaster council (or designated agency or authority) and may include classroom instruction, disaster drills or exercises, or related activities that are designed to enhance the disaster response skills (including safety) of the disaster service worker.
(d) Disaster Council. A disaster council is a public agency established by ordinance which is empowered to register and direct the activities of disaster service workers within the area of the county, city, city and county, or any part thereof. In this respect, the disaster council is acting as an instrument of the state in aid of carrying out general state government functions and policy with regard to disaster services.
(e) Accredited Disaster Council. A disaster council may become accredited through certification by the California Emergency Council, or the Governor when the Emergency Council is not meeting, when the disaster council agrees to follow and comply with the rules and regulations established by the Emergency Council pursuant to the provisions of the Emergency Services Act. Upon certification, and not before, the disaster council becomes an accredited disaster council. A disaster council remains accredited only while the certification of the California Emergency Council is in effect and is not revoked.
(f) Auxiliary Fire Fighter. An auxiliary fire fighter is a person recruited, registered and trained as a supplement or reserve for unusual fire emergencies or disaster situations. Workers' compensation benefits for auxiliary fire fighters may be provided by the state. An auxiliary fire fighter is not a "volunteer fire fighter," who is a person recruited and trained to meet the day-to-day operational requirements of a fire department. Workers' compensation insurance premiums for the volunteer fire fighter are the responsibility of the local government or fire entity.
(g) Public Employee. All persons employed by the state or any county, city, city and county, state agency or public district, excluding aliens legally employed, are considered to be public employees.
(h) Convergent Volunteers. Convergent volunteers are individuals that come forward to offer disaster response and recovery volunteer services, during a disaster event. Convergent volunteers are not persons impressed into service at the scene of an incident.
 

  Note: Authority cited: Sections 8567 and 8580, Government Code. Reference: Sections 8581, 8610 and 8612, Government Code; and Sections 3100, 3211.9, 3211.91, 3211.93 and 3211.93a, Labor Code. 
  
 






s 2571. Accredited Disaster Council.
 (a) Disaster councils shall be accredited in accordance with Sections 8581(b) or 8612, Government Code.
(b) When applying for accreditation, disaster councils shall furnish the Governor's Office of Emergency Services with a certified copy of the ordinance which has provided for the following:
(1) a disaster council;

(2) a Chairperson or director of the disaster council;
(3) an Emergency organization; and,
(4) compliance with the Emergency Services Act.
 

  Note: Authority cited: Sections 8567 and 8580, Government Code. Reference: Sections 8579(g), 8581(b) and 8612, Government Code. 
  
 







s 2572.1. Classifications and General Duties.
The various classifications of disaster service workers and the general duties of the members of each classification shall be limited to those described below:
(a) Animal Rescue, Care and Shelter. Veterinarians, veterinary support staff and animal handlers providing skills in the rescue, clinical treatment, and transportation of all animals, including but not limited to companion animals, livestock, poultry, fish, exhibition animals, zoo animals, laboratory and research animals, and wildlife; assisting in the procurement of shelters, equipment, and supplies; documenting arrival, sheltering, treatment, and discharge or placement of animals.
(b) Communications. Install, operate and maintain various communications systems and perform related service, to assist officials and individuals in the protection of life and property.
(c) Community Emergency Response Team Member. Under the direction of emergency personnel or a designated team leader, assist emergency units within their block, neighborhood, or other area assignment; survey area conditions; disseminate information; secure data desirable for emergency preparedness planning; report incidents; and generally assist officials and individuals in the protection of life and property.
(d) Finance and Administrative Staff. Perform executive, administrative, technical, financial and clerical functions for the emergency organization.
(e) Human Services. Assist in providing food, clothing, bedding, shelter, and rehabilitation aid; register evacuees to promote reuniting families and to support the needs of special populations; compile authoritative lists of deceased and missing persons; and other phases of emergency human services, such as maintaining morale and administering to the mental health, religious or spiritual needs of persons suffering from the effects of the disaster.
(f) Fire. As auxiliary fire fighters or auxiliary wildland fire fighters, assist regular fire fighting forces or fire protection agencies to fight fire, rescue persons, and save property; control forest or wildland fires or fire hazards; instruct residents in fire prevention and property defense methods, methods of detecting fire, and precautions to be observed in reducing fire hazards.
(1) For purposes of these regulations only, the ratios between auxiliary fire fighters, volunteer fire fighters, and paid fire fighters shall be one auxiliary for one volunteer and three volunteers for one paid fire fighter. The basis for applying these ratios is that the staffing of an engine company, truck company, or a squad shall not exceed six paid fire fighters, and a salvage and rescue company shall not exceed two paid fire fighters. A fire department that has no volunteer fire fighters is limited to three auxiliary fire fighters for each paid fire fighter in the companies and squads, staffed as above. These staffing standards are based on the number of first line (not reserve) apparatus operated by the fire department.

(2) When auxiliary fire fighters are registered with other than an established fire service organization; for example, auxiliary fire fighters in a county or city emergency management services organization, a total number of eligible auxiliary fire fighters shall be computed for that city or unincorporated area. The emergency management services organization is entitled to register auxiliary fire fighters not otherwise registered with other established fire service organizations, and to a number not to exceed the allowable total as indicated in Section 2572.1(f)(1), above.
(g) Laborer. Under the direction and supervision of the responding agency, performs general labor services and supports emergency operations.
(h) Law Enforcement. As Auxiliaries, assist law enforcement officers and agencies to protect life and property; maintain law and order; perform traffic control duties; guard buildings, bridges, factories, and other facilities; isolate and report unexploded ordnance.
(i) Logistics. Under the direction of the emergency organization, assist in procurement, warehousing, and release of supplies, equipment materials, or other resources. Assist in mobilization and utilization of public and private transportation resources required for the movement of persons, materials, and equipment.
(j) Medical and Environmental Health. Staff casualty stations, establish and operate medical and public health field units; assist in hospitals, out-patient clinics, and other medical and public health installations; maintain or restore environmental sanitation; assist in preserving the safety of food, milk, and water and preventing the spread of disease; perform laboratory analysis to detect the presence and minimize the effects of nuclear, chemical, biological, radiological or other hazardous agents.
(k) Safety Assessment Inspector. Survey, evaluate and assess damaged facilities for continued occupancy or use; assist in emergency restoration of facilities for utilities, transportation, and other vital community services; and provide recommendations regarding shoring or stabilization of damaged or unsafe buildings or structures.
(l) Search and Rescue. Under the direction of the appropriate authority, perform search and rescue operations in one or more of several areas including: search and rescue; urban search and rescue; or mine and confined space rescue.
(m) Utilities. Assist utility personnel in the repair and restoration of public utilities damaged by disaster.
 

  Note: Authority cited: Sections 8587 and 8580, Government Code. Reference: Section 8580, Government Code. 
  
 







s 2572.2. Scope of Disaster Service Duties.
Each disaster service worker in any classification shall, without regard to a formal designation or assignment, be considered to be acting within the scope of disaster service duties while assisting any unit of the emergency organization or performing any act contributing to the protection of life or property, or mitigating the effects of an emergency or potential emergency either:
(a) under the authorization of a duly constituted superior in the emergency organization; or,
(b) under the supervision and direction of the American Red Cross while carrying out its programs in consonance with state and local statements of understanding, or in carrying out a mission assigned to that agency by a responsible state or local authority.
 

  Note: Authority cited: Sections 8567 and 8580, Government Code. Reference: Section 8580, Government Code. 
  
 






s 2573.1. Registration and Training.
 (a) Registration. A person shall be deemed to be registered if the following information is on file with the Governor's Office of Emergency Services or with the appropriate authority as indicated in Section 2573.2:
(1) name of registrant;
(2) address of registrant;

(3) date enrolled (established as the date the loyalty oath is administered);
(4) classification of disaster service to which the volunteer is assigned; and,
(5) a signed statement that the loyalty oath or affirmation was taken or subscribed before an officer authorized to administer oaths.
(b) Training.
(1) Disaster councils may require each person registered as a disaster service worker to satisfactorily complete a course of training or instruction, including periodic refresher training. If warranted by the classification, disaster councils may require documented proof of professional certification or licensing.
(2) The disaster council (or designated agency or authority) shall ensure disaster training is approved, documented and supervised, and shall ensure disaster training is commensurate with the duties of the disaster service worker.
(3) Exclusions: Unless the volunteer is directly providing disaster services, activities that are not covered include parades, public exhibitions, physical fitness training or other training activities not related to disaster service.
 

  Note: Authority cited: Sections 8567 and 8580, Government Code. Reference: Section 8580, Government Code. 
  
 






s 2573.2. File Retention and Recordkeeping.
 (a) Documented proof of the oath or affirmation of any disaster service worker is an integral part of an injury claim for workers' compensation. File retention should follow the same rules as other public personnel records. The oath or affirmation shall be filed as follows:
(1) State. File as prescribed by the State Department of Personnel Administration within 30 days of the date it was taken or subscribed.

(2) County. File in the office of the county clerk. The oath may also be filed in either the office of the county auditor or in the office of the clerk of the board of supervisors.
(3) City. File in the office of the city clerk.
(4) Other Agencies or Districts. File with an agency or district designated officer or employee.
(b) All registration records shall be available for inspection by any officer or employee of the State Compensation Insurance Fund or of the Governor's Office of Emergency Services.
(c) The personnel officer or other individual designated by the disaster council shall be responsible for keeping the registration current, and for the accuracy and safekeeping of the official registration records.
(d) The California Emergency Council may prescribe additional registration requirements as it may deem necessary.
 

  Note: Authority cited: Sections 8567 and 8580, Government Code. Reference: Section 3105, Government Code. 
  
 






s 2573.3. Worker's Compensation Claims.
 (a) Claim Packages. Worker's compensation claims for injuries sustained by disaster service workers while performing disaster service, shall be filed under the same authorities and guidelines as claims filed by paid employees. The claim shall include:
(1) the appropriate claim and employer's report of injury forms as prescribed by the State Compensation Insurance Fund;

(2) a written narrative account of the incident that may include witness statements; and,
(3) a copy of the claimant's current disaster service worker registration form indicating the loyalty oath or affirmation was administered.
(b) Convergent Volunteers. For purposes of obtaining workers' compensation benefits through the disaster service worker program, convergent volunteers will be eligible when the requirements of disaster service worker are met in accordance with these regulations.
 

  Note: Authority cited: Sections 8567 and 8580, Government Code. Reference: Section 3211.92 and 5400 et seq., Labor Code; and Section 3102, Government Code. 
  
 






s 2575. Short Title.
This Subchapter shall be known and may be cited as the Dam Inundation Mapping Procedures Regulations.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2575.1. Purpose and Scope of Regulations.
These regulations are adopted to implement the provisions of Government Code Section 8589.5. These regulations provide the standards for producing and submitting an inundation map, acquiring a waiver from the inundation mapping requirement, and administering the program.
These regulations are not applicable to those structures identified as Debris Basins in Department of Water Resources Division of Safety of Dams Bulletin 17- 00 dated July 2000 and incorporated by reference herein.
These regulations are not intended to limit the authority of the Governor's Office of Emergency Services or any appropriate public agency to act under the police power of the state, when necessary to protect life and property from a threatened or actual dam failure.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2575.2. Definitions.
For purposes of this Subchapter only, the terms listed below shall have the meanings noted:
(a) "Alteration": Has the same meaning as specified in Section 6006 of the Water Code.
(b) "Appropriate Public Safety Agency": Any city, city and county, county, state, or other public agency organized, existing, and acting pursuant to the law, which is authorized under the law to exercise police power to establish emergency procedures and effect emergency actions within its jurisdiction.
(c) "Breach": A sudden opening through a dam that drains the reservoir. An uncontrolled breach is one that results in an unintentional discharge from the reservoir.
(d) "Breach elevation": The elevation of the water in a reservoir above sea level at the time of the dam failure using the National Geodetic Vertical Datum of 1929 (NGVD) standard (National Oceanic and Atmospheric Administration, National Geodetic Survey).
(e) "Breach time": The modeled time elapsed from initial dam failure to total dam failure.
(f) "Cross-section": A lower elevation point or linear representation on an inundation map where flood measurements are calculated.
(g) "Dam": Has the same meaning as specified in Sections 6002, 6003, and  6004 of the Water Code.
(h) "Dam Owner": The person, agency, jurisdiction or other legal entity responsible for a dam.
(i) "Debris": Soil, rock, and organic matter carried by the floodwaters that emanate from a watershed.
(j) "Debris Basin": A permanent flood control facility that has the primary purpose of separating debris from the floodwaters and storing the debris for future removal.
(k) "Debris Dam": A dam that has the primary purpose of holding back debris captured in, and stored by the debris basin.
(l) "Deflood time": The time elapsed from the initial failure of the dam until the measured location returns to its preflood water elevation prior to the failure.
(m) "Design Flood": The flood magnitude that a dam will be subject to for analysis in a dam failure study. When a federal survey has been authorized, the design probable maximum flood will be determined by the appropriate federal agency.
(n) "Dynamic Routing": Hydraulic flow routing based on the solution of the St.- Venant equation(s) to compute the changes of discharge and stage with respect to time at various locations along a stream. St.-Venant equations are nonlinear hyperbolic partial differential equations. The equations are derived from mass and momentum balances and are given by


(o) "Enlargement": Has the same meaning as specified in Section 6007 of the Water Code.
(p) "Flood": A temporary rise in water surface elevation of one foot or more greater than that existing under pre-dam failure conditions resulting in inundation of areas not normally covered by water as a result of a dam failure.
(q) "Flood Routing": A process of determining progressively the amplitude of a flood wave as it moves past a dam and continues downstream.
(r) "Flood Stage": A flood height at which a watercourse overtops its banks and begins to cause damage to any portion of the defined reach.
(s) "Flood Storage": The retention of water or delay of runoff either by planned operation, as in a reservoir, or by temporary filling of overflow areas, as in the progression of a flood wave through a natural stream channel.
(t) "Floodwave arrival time": The time counted from the failure of the dam until the arrival of the wave front (or leading edge of the flood wave). A flood wave is a minimum of one (1) foot increase in the level of water above the stream flow or natural surface elevation before the dam failure.
(u) "Floodwave maximum elevation": This is the highest flood stage elevation of the floodwaters as it passes a specific location. Floodwave maximum elevation cannot be less than the normal water elevation prior to the dam failure event because a "no flooding" condition exists.
(v) "Freeboard": Vertical distance between a specified stillwater reservoir surface elevation and the top of the dam, without camber.
(w) "Full": For an on stream dam, the maximum elevation of the water in the reservoir during the Inflow Design Flood (IDF); for an off stream dam, the maximum elevation of the water in the reservoir at the dam crest.
(x) "Hydrograph": A graphical representation of the water discharge with respect to time for a particular point on a stream, river or at the point of breach.
(y) "Inflow Design Flood (IDF)": The flood flow above which the incremental increase in downstream water surface elevation due to failure of a dam or other water impounding structure is no longer considered to present an unacceptable additional downstream threat. The upper limit of the IDF is the probable maximum flood.
(z) "Inundation Area": The area downstream of a dam that would be inundated or otherwise affected by the failure of the dam and accompanying large flood flows.
(aa) "Inundation Map": A map, as specified in Government Code 8589.5, showing the area that would be inundated by flooding from an uncontrolled release of a dam's reservoir.
(bb) "Inundation Pathway": The boundary of the floodwaters released by a dam failure.
(cc) "Office": The Governor's Office of Emergency Services.
(dd) "Overtopping": The mode of dam failure wherein reservoir waters exceed crest elevation and the resultant flow causes failure by dam crest erosion.
(ee) "Peak flow": The water flow expressed in cubic feet per second (cfs) at the floodwave maximum elevation.
(ff) "Probable Maximum Flood (PMF)": The flood that may be expected from the most severe combination of critical meteorological and hydrologic conditions that is reasonably possible in the drainage basin under study.
(gg) "Probable Maximum Precipitation (PMP)": Theoretically, the greatest depth of precipitation for a given duration that is physically possible over a given size storm area at a particular geographical location during a certain time of the year.
(hh) "Qmax": Maximum breach discharge as measured in cubic feet per second  (cfs).
(ii) "Reservoir": Has the same meaning as specified in Section 6004.5 of the Water Code.
(jj) "Reservoir Rim": The boundary of the reservoir including all areas along the valley sides above and below the water surface elevation associated with the routing of the IDF.
(kk) "Reservoir storage elevation curve": A reservoir capacity graph representing the elevation above mean sea level and acre feet of water.
(ll) "Retention Basin": A reservoir of variable water storage capacity created by a dam designed to continuously pass flood waters in a controlled manner.
(mm) "Sensitivity Analysis": An analysis in which the relative importance of one or more of the variables thought to have an influence on the phenomenon under consideration is determined.
(nn) "Stillwater Elevation": The maximum elevation that a water surface would assume if all wave actions were absent and there were no outflows from nor inflows into the reservoir.
(oo) "Surcharge": The volume or space in a reservoir between the controlled water retention level and the maximum water level. Flood surcharge cannot be retained in the reservoir but will flow out of the reservoir until the controlled retention water level is reached.
(pp) "Toe of the Dam": The junction of the downstream slope or face of a dam with the ground surface; also referred to as the downstream toe. The junction of the upstream slope with the ground surface is called the heel or the upstream toe.
(qq) "U.S.G.S. Quad": A topographical map produced by the United States Geological Survey with a minimum scale of 1:24,000 feet for a specific geographical area.
(rr) "Water storage elevation": Has the same meaning as specified in Section 6008 of the Water Code.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code; and Sections 6002, 6003, 6004 and 6025, Water Code. 
  
 






s 2576. Notification.
 A dam owner shall be notified by the Governor's Office of Emergency Services  (hereinafter "Office") of the requirement for an inundation map as soon as the Office is informed of one of the following:
(a) a "Notice of Application" is filed with The Department of Water Resources, Division of Safety of Dams; or,
(b) a dam is under construction; or,

(c) a dam has been completed; or,
(d) a waiver previously granted by the Office is no longer applicable.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2576.1. Method of Notification.
 (a) Notices under this subchapter shall be in writing and addressed to the dam owner of record as listed with the Department of Water Resources Division of Safety of Dams.
(b) In the event a dam owner fails to maintain a current address with the Division of Safety of Dams or cannot otherwise be contacted for any purpose of this Subchapter, the Office may make notice in any manner legally reasonable to give notice to the dam owner and such notice shall constitute written notice.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2577. Requirement for Map.
 (a) Upon notification by the Office, the dam owner shall prepare a map showing the areas of potential flooding in the event of sudden and total failure of any dam.
(b) A technical study shall be prepared to support each dam failure inundation map submitted for approval under these regulations and conform to the requirements of Section 2577.4.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2577.1. Responsibility.
Dam owners shall be responsible for:
(a) The acquisition of all hydrologic, orographic, meteorological and topographical data, including development of flood routing information;
(b) The conduct of land surveys or studies to properly delineate the flood plain;
(c) The acquisition or development of any other materials or studies necessary to produce and support a dam failure inundation map;
(d) The preparation and submittal of an inundation map; and,
(e) Correcting and resubmitting an inundation map.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2577.2. Civil Engineering.
Except as otherwise provided for in Section 2577.5(e)(3), inundation maps and technical studies which are submitted to the Office shall be prepared by, or under the direction of, a civil engineer who is registered pursuant to California law and authenticated as provided in the Business and Professions Code, Division 3, Chapter 7 commencing with Section 6700.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2577.3. Standard Requirements.
The following are standard requirements for an inundation map:
(a) A map and technical study shall be submitted to the Office 60 days prior to the filling of any dam under construction or enlargement.
(b) An inundation map and technical study shall be submitted to the Office within 180 days of the final approval of these regulations for any existing dam not having an approved inundation map, or for which the dam owner has not applied for a waiver.
(c) A dam owner shall respond to recommendations made by the Office to conform inundation maps to sections 2577.4-2577.5. The response shall be submitted to the Office within 60 days of mailing of such recommendations.
(d) Failure by the dam owner to comply with a request for information from the Office within 60 days and in a reasonably responsive manner shall be cause for the Office to disapprove an inundation map.
(e) An inundation map submittal will be considered complete when the Office has received two (2) copies of the completed technical study and map incorporating the recommendations by the Office.
(f) The Office, for good cause, may extend any time requirement. The Office may additionally forgo any information required for a complete inundation map submittal, including but not limited to the requirements of sections 2577.4 - 2577.5 where the Office determines that it has sufficient information to commence and complete a review, and that all requirements for issuance of an approval will be met and substantial accuracy will not be compromised by such action.
(g) Each dam must have its own individual technical study. A technical study may only address multiple dams if it is a situation where it is probable that the failure of one dam will cause the failure of one or more dams downstream.
(h) The owner of a dam shall submit final copies of inundation maps to the Office within 60 days of notification by the Office that the technical study and map are approved.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2577.4. Content of Technical Study.
Each technical study submitted in support of an inundation map shall:
(a) Identify the hydrologic, orographic, meteorological and topographical data affecting the dam site, downstream areas and floodwater routing. The technical study shall present a narrative synopsis of this information.
(b) Describe the identifying and engineering character of the dam, including but not limited to:
(1) Type of construction (e.g., earth fill, rock fill, concrete arch, concrete gravity, hydraulic fill)
(2) Statistical information:
(A) Name of dam / DWR Number
(B) Location of Dam (including County)
(C) Elevations using National Geodetic Vertical Datum (NGVD) of:
1. Downstream toe of dam
2. Design water storage pool elevation
3. Maximum flood surcharge elevation
4. Spillway crest elevation
5. Crest of dam elevation
(3) Capacity in acre-feet at normal water storage pool elevation

(4) Surface area in acres at normal water storage pool elevation
(5) Capacity in acre-feet at maximum flood surcharge
(6) Surface area in acres at maximum flood surcharge
(7) Capacity in acre-feet at emergency or open spillway crest
(8) Surface area in acres at emergency or open spillway crest
(9) Capacity in acre-feet at maximum impound or diverting elevation (crest of dam)
(10) Surface area in acres at maximum impound or diverting elevation (crest of dam)
(11) Height of dam measured from downstream toe to the crest
(12) Jurisdictions (cities, towns, county area) which could be affected by a dam failure
(c) Include the following graphical representations:
(1) The flood hydrograph at the dam site and, where feasible, at each downstream cross section location
(2) A reservoir storage elevation curve
(3) Cross section plots of all the cross sections including bank locations
(4) The dam break hydrographs routed to each cross section should specify the flood arrival time, flooding time, flood-wave maximum elevation, peak time and deflood time
(d) Use worst case breaching parameters based on National Weather Service breaching guidance, (Fread, D.L. (1988). The NWS DAMBRK model: Theoretical background and user documentation, HRL-258, Hydrological Research Laboratory, National Weather Service, Silver Spring, Maryland 20910), and incorporated by reference herein.
(e) Employ dynamic flood routing models where routing is a factor or may use hydrological models where routing is not a factor.
(f) Identify the modeling methodology and the reasons for its use, and the name and author of the modeling software. The technical study shall also include the input and output data files.
(g) Identify the downstream hazard potential. The hazard potential is the adverse impacts in the area downstream of a dam by the effect of floodwaters released by partial or complete failure of the dam.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2577.5. Content of Map.
Each map prepared shall be based on the results of the technical study conducted pursuant to Section 2577.4. Each map or map set submitted shall:
(a)(1) Be a black line reproduction measuring 24 inches by 30 inches for the review copies and two reproducible copies measuring 24 inches by 30 inches for the final approved copy.
(2) Alternatively, a map may be submitted in an electronic or machine-readable format which, after consultation with and approval by the Office, is consistent with the intent of this section and meets the specifications thereof.
(b)(1) Be based on a U.S.G.S. quadrangle topographical map with a minimum scale of 1:24,000 (1 inch equals 2,000 feet).
(2) A larger scale may be used if the inundation area can be reasonably presented on a 24 inch by 30 inch map sheet and sufficient identifiable geographic identification points exist to reference the area in scale to other geographical points.
(c) Delineate the lateral boundary and termination of the inundation area. The boundary is terminated where floodwaters become less than one (1) foot above the elevation existing before the dam failure and the water velocity is less than 8.8 feet per second. Alternatively, the boundary at which the inundation area may be terminated may be into an existing body of water or channel, provided the dam breach flood discharge does not increase the water elevation by greater than one (1) foot above the flood stage that would have occurred under non-breach conditions or cause additional downstream cumulative impacts.
(d) Contain cross-sections located along the floodway at appropriate intervals indicating the following information:

(1) Sequential cross section number,
(2) Distance from dam,
(3) Flood-wave arrival time,
(4) Flood-wave maximum elevation,
(5) Deflood time and,
(6) Peak flow.
(e) Have an information block at the bottom of each map page and segmented to contain the following information:
(1) A block allowing the notation of revisions, the person and date the revision was performed and the person and date of acceptance of the revision of the map,
(2) A block containing the owner's name, address, telephone number and the date of preparation of the map,

(3) A block containing the name of the civil engineer, the engineering firm, address and telephone number. A portion of this block will be reserved for the signature, seal and Registered Civil Engineer number of the approving individual upon final approval of the map. Alternately, an authorized governmental agency pursuant to section 2577.2 may state the agency name, address and telephone number in lieu of engineer information and seal and,
(4) A block containing the name of the dam, the Department of Water Resources jurisdictional dam number and sheet number in the set stated as "Sheet __ of ___." The lower portion of this block will indicate the name of the county in which the dam is located.
(f) Contain an inset block on the face of the map depicting therein:
(1) An arrow indicating north,
(2) A scale segmented to show the 6,000 foot distance, the 4,000 foot distance, the 1,000 foot distance and the 500 foot distance, as applicable,
(3) A vicinity map of jurisdiction affected by the inundation area,

(4) The name of the U.S.G.S. quadrangle(s),
(5) The identity of any jurisdictions affected by the inundation area,
(6) An index showing the relationship of the map sheet to the other map sheets if the map is greater than one sheet and,
(7) Other explanatory information as may be warranted.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2577.6. Enlargement of Dams.
 (a) When the Division of Safety of Dams provides notice to the Office of the enlargement of a dam or reservoir, the Office shall provide written notice to the dam owner of the requirements of this section.
(b) The dam owner shall provide an analysis to the Office within 90 days after receipt of notice from the Office. The analysis will address changes to the inundation area caused by the enlargement of the dam or reservoir and evaluate the applicability of the existing inundation map.
(c) Information required of the dam owner pursuant to this section shall be provided in sufficient clarity and detail to be readily interpreted and studied, and to permit an evaluation of the effect(s) of the proposed changes.
(d) The Office may require the submittal of any information, in addition to that specified in this section, that the Office considers necessary to determine the effects of the enlarged dam or reservoir on the existing inundation boundary.
(e) The need for a new inundation map shall be evaluated by the Office using the criteria identified in sections s2577.4 and s2577.5(c) and the analysis submitted in (b) above.
(f) If the Office determines that a new inundation map is required, this Subchapter shall apply.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2577.7. Notice of Noncompliance.
 (a) When the dam owner fails to provide the inundation map as requested by the Office or fails to secure a waiver from the inundation mapping requirement within the times prescribed in this Subchapter, the Office shall notify the dam owner in writing that the dam owner is in noncompliance with the provisions of this Subchapter.
(b) Approval of an inundation map may be revoked when the inundation map no longer meets the requirements of section 2577.4-2577.5 and is no longer an accurate emergency planning document. Upon notification of noncompliance by the Office, the dam owner shall be required to submit a new inundation map and technical study in compliance with section 2577.4-2577.5 within 180 days.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2577.8. Notice of Approval.
The Office shall notify the dam owner in writing that an inundation map is approved or not approved and the reason(s) therefor.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2578. Waiver from Inundation Map Requirement.
Up to 90 days after notice pursuant to section 2576, a dam owner may apply for a waiver from producing an inundation map where:
(a) The effects of potential inundation in terms of death or personal injury can be ascertained without an inundation map; and,
(b) Adequate evacuation procedures can be developed without benefit of an inundation map.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2578.1. Application for Waiver.
When requesting a waiver, the dam owner shall make application in writing to the Office. The letter of request shall include at a minimum:
(a) The name, address and telephone number of the dam owner; and,
(b) The location of the dam upon a U.S.G.S. Quadrangle map; and,
(c) Information in owner's possession as specified in section 2577.4(b).
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2578.2. Local Consultation.
The Office will notify the appropriate public safety agencies of the affected local jurisdictions and consult to determine if local emergency evacuation procedures can be developed without an inundation map.
 

  Note: Authority cited: Sections 8567 and 8586, Government Code. Reference: Section 8589.5, Government Code. 
  
 






s 2578.3. Notice of Determination.
The Office shall notify the dam owner in writing that the request for a waiver from the inundation mapping requirement was either approved, continued or withdrawn.

 






 

 
 

 
 

   Note:  It having been found, pursuant to Government Code Section 11409(a),
that the printing of the regulations constituting the Conflict of Interest Code
is impractical and these regulations being of limited and particular
application, these regulations are not published in full in the California Code
of Regulations. The regulations are available to the public for review or
purchase at cost at the following locations:



  OFFICE OF EMERGENCY SERVICES

  2800 MEADOWVIEW ROAD

  SACRAMENTO, CALIFORNIA 95823

  FAIR POLITICAL PRACTICES COMMISSION

  1100 "K" STREET

  SACRAMENTO, CALIFORNIA 95814

  ARCHIVES
 

  SECRETARY OF STATE

  1010 "O" STREET

  SACRAMENTO, CALIFORNIA 95814

  The Conflict of Interest Code is designated as Chapter 3 of Division 8 of
  

Title 2 of the California Code of Regulations, and consists of sections
numbered and titled as follows:

  CHAPTER 3. OFFICE OF EMERGENCY SERVICES -

  CONFLICT OF INTEREST CODE

  Section
 

  2600.
 

  General Provisions

  Appendix
 
 

  Note: Authority cited: Sections 87300 and 87304, Government Code. Reference: Sections 87300 et seq., Government Code. 
  
 






s 2620. Control.
 "Control" means any actions necessary to stop, prevent, abate, or mitigate a release or threatened release thereby ensuring the elimination of a condition of substantial probability of harm to human health and safety, property, or the environment.
 

  Note: Authority cited: Section 25520, Health and Safety Code. Reference:  Sections 25503(b)(5), 25507 and 25520, Health and Safety Code. 
  
 






s 2650. Person.
"Person" means any employee, authorized representative, agent or designee of a handler.
 

  Note:   Authority cited: Section 25520, Health and Safety Code. Reference:  Sections 25507, 25515 and 25520, Health and Safety Code.


 






s 2701. Applicability.
The provisions of this subchapter shall not, in any way, preempt more restrictive reporting requirements pursuant to other local, state, or federal ordinances, statutes, or regulations.
Pursuant to Section 23112.5 of the Vehicle Code, reporting of on-highway releases shall be made to the Department of the California Highway Patrol.
 

  Note:   Authority cited: Section 25520, Health and Safety Code. Reference:  Section 25520, Health and Safety Code.


 






s 2703. Immediate Reporting of a Release or a Threatened Release.
 (a) A person shall provide an immediate, verbal report of any release or threatened release of a hazardous material to the administering agency and the Office of Emergency Services* as soon as:
(1) a person has knowledge of the release or threatened release;
(2) notification can be provided without impeding immediate control of the release or threatened release;

(3) notification can be provided without impeding immediate emergency medical measures.
(b) The immediate reporting pursuant to subsection (a) of this section shall include, as a minimum:
(1) the exact location of the release or threatened release;
 (2) the name of the person reporting the release or threatened release;
(3) the hazardous materials involved in the release or threatened release;
(4) an estimate of the quantity of hazardous materials involved; and
(5) if known, the potential hazards presented by the hazardous material involved in the release or threatened release;
(c) The immediate reporting pursuant to subsection (a) of this section shall not be required if there is a reasonable belief that the release or threatened release poses no significant present or potential hazard to human health and safety, property, or the environment.
(d) Immediate reporting pursuant to subsection (a) of this section shall be made to the Office of Emergency Services, at telephone number (916) 845-8911 or (800) 852-7550, and to the local administering agency. The administering agency may designate a call to the 911 emergency number as meeting the requirement to call the administering agency.
(e) The notifications in subsection (d) shall constitute compliance with the requirements of subdivision (b) of section 11004 of title 42 of the United States Code (1989) regarding verbal notification of the State Emergency Planning Commission and the Local Emergency Planning Committee.
* For additional guidance on notification procedures, consult the State of California Hazardous Material Incident Contingency Plan (HMICP).
 

  Note: Authority: Sections 25503, 25503.1 and 25520, Health and Safety Code. Reference: Sections 25503(b)(4), 25503.1, 25507, 25518 and 25520, Health and Safety Code. 
  


 






s 2705. Written Reporting of Emergency Releases.
 (a) If required to submit a written emergency release follow-up notice pursuant to 42 U.S.C. section 11004(c) (1989), or as that section may be subsequently amended, a business shall prepare the written emergency release follow-up notice using the form specified in subsection (c) of this section.
(b) A written emergency release follow-up notice prepared pursuant to subsection (a) shall be sent to the Chemical Emergency Planning and Response Commission (CEPRC) at 3650 Schriever Avenue, Mather, CA 95655. This written report shall be sent as soon as practicable following a release, but no later than 30 days from the date of the release.
(c) The following reporting form (with instructions), the 'Emergency Release Follow-up Notice Reporting Form,' shall be used for filing the written emergency release follow-up notice required by subsection (a) of this section. This form may be reproduced, as needed.


EMERGENCY RELEASE FOLLOW-UP NOTICE REPORTING FORM INSTRUCTIONS
 
GENERAL INFORMATION: Chapter 6.95 of Division 20 of the California Health and
Safety Code requires that written emergency release follow-up notices prepared
pursuant to 42 U.S.C. s 11004, be submitted using this reporting form. Non-
permitted releases of reportable quantities of Extremely Hazardous Substances 
(listed in 40 CFR 355, appendix A) or of chemicals that require release
reporting under section 103(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 [42 U.S.C. s 9603(a)] must be
reported on the form, as soon as practicable, but no later than 30 days,
following a release. The written follow-up report is required in addition to
the verbal notification.
 
BASIC INSTRUCTIONS:
 
w The form, when filled out, reports follow-up information required by 42 U.S.C s 11004. Ensure that all information requested by the form is provided as completely as possible.
w If the incident involves reportable releases of more than one chemical, prepare one report form for each chemical released.
w If the incident involves a series of separate releases of chemical(s) at different times, the releases should be reported on separate reporting forms.
SPECIFIC INSTRUCTIONS: Block A: Enter the name of the business and the name and
phone number of a contact person who can provide detailed facility information
concerning the release.
 
Block B: Enter the date of the incident and the time that verbal notification was made to OES. The OES control number is provided to the caller by OES at the time verbal notification is made. Enter this control number in the space provided.
Block C: Provide information pertaining to the location where the release occurred. Include the street address, the city or community, the county and the zip code.
Block D: Provide information concerning the specific chemical that was released. Include the chemical or trade name and the Chemical Abstract Service (CAS) number. Check all categories that apply. Provide best available information on quantity, time and duration of the release.
Block E: Indicate all actions taken to respond to and contain the release as specified in 42 U.S.C. s 11004(c).
Block F: Check the categories that apply to the health effects that occurred or could result from the release. Provide an explanation or description of the effects in the space provided. Use Block H for additional comments/information if necessary to meet requirements specified in 42 U.S.C. s 11004(c).
Block G: Include information on the type of medical attention required for exposure to the chemical released. Indicate when and how this information was made available to individuals exposed and to medical personnel, if appropriate for the incident, as specified in 42 U.S.C. s 11004(c).
Block H: List any additional pertinent information.
Block I: Print or type the name of the facility representative submitting the report. Include the official signature and the date that the form was prepared.
MAIL THE COMPLETED REPORT TO: Chemical Emergency Planning and Response Commission (CEPRC) Local Emergency Planning Committee (LEPC) Attn: Section 304 Reports 3650 Schriever Avenue Mather, CA 95655
 

  Note: Authority cited: Sections 25503, 25503.1 and 25507.1, Health and Safety Code. Reference: Sections 25503(b)(4), 25503.1, 25507.1, 25518 and 25520, Health and Safety Code. 
  
 






s 2720. Proposed Area Plans.
The proposed area plan, as required by Section 25503(d) of the Health and Safety Code, shall include:
(a) a description of the extent to which the administering agency has met the requirements of this Article, and a schedule for implementing the final area plan, by December 29, 1987, to include the provisions of Sections 2722-2736 of this Article;
(b) provisions for integrating, in the final area plan, information from business plans submitted by handlers within the jurisdiction of an administering agency; and
(c) a form providing information on the elements within the area plan, substantially equivalent to the following optional model reporting form for area plans.


 

  Note:   Authority cited: Sections 25503 and 25517.5, Health and Safety Code. Reference: Section 25503, Health and Safety Code. 
  
 






s 2721. Area Plan Maintenance.
(New section filed 7-30-86, operative 8-29-86; Register 86, No. 31).
(Repealer filed as an emergency 9-12-86, operative 9-12-86; Certificate of Compliance must be transmitted no later than 1-12-87, or emergency language will be repealed by operation of law (Gov. C.s 11346.1); Register 86, No. 37).
 

  Note:   Authority cited: Section 25503, Health and Safety Code. Reference:  Section 25503, Health and Safety Code. 
  
 






s 2722. Procedures and Protocols for Emergency Rescue Personnel.
Area plans shall include procedures and protocols to ensure the health and safety of emergency response personnel, such as, but not limited to:
(a) guidelines for approach, recognition, and evaluation of releases and threatened releases of hazardous materials by emergency response personnel; and
(b) monitoring and decontamination guidelines for emergency response personnel and equipment.
 

  Note:   Authority cited: Section 25503, Health and Safety Code. Reference:  Section 25503, Health and Safety Code. 
  
 






s 2723. Pre-Emergency Planning.
Area plans shall include, but not be limited to:
(a) provisions for pre-incident surveys of business sites by first responders for the purpose of site familiarization, if deemed necessary by the administering agency;
(b) provisions for pre-emergency planning and coordination among emergency responders within the jurisdiction of an administering agency. Pre-emergency planning shall include coordination of emergency response and emergency assistance between contiguous jurisdictions;
(c) procedures to access local, state and federal funding and emergency response assistance; and
(d) provisions for access to state approved and permitted hazardous waste disposal facilities and emergency response contractors.
(e) development of an integrated response management system providing standardized organizational structure, terminology, and procedures for use during any release or threatened release of hazardous materials.
 

  Note:   Authority cited: Section 25503, Health and Safety Code. Reference:  Section 25503, Health and Safety Code. 
  
 






s 2724. Notification and Coordination.
Area plans shall include, but not be limited to:
(a) provisions for notification of, and coordination with, emergency response personnel, such as, but not limited to, law enforcement, fire service, medical and public health services, poison control centers, hospitals, and resources for the evacuation, reception and care of evacuated persons;
(b) identification and utilization of alternative forms of emergency communications (such as amateur radio services), in the event of a loss of primary communications;
(c) a responsibility matrix or listing of specific emergency responsibilities of responding organizations. This matrix or listing shall be developed in coordination with the listed responding organizations; and
(d) provisions for notification to the Office of Emergency Services of all reports received pursuant to Article 2 of this subchapter. These notifications shall be submitted, at least monthly, on forms specified by the Office of Emergency Services.
 

  Note:   Authority cited: Section 25503, Health and Safety Code. Reference:  Section 25503, Health and Safety Code. (New section filed 7-30-86, operative 8-29-86; Register 86, No. 31). 
  
 






s 2725. Training.
 (a) At a minimum, area plans shall establish provisions for training of emergency response personnel in the following areas:
(1) emergency procedures for first response to a release or threatened release of hazardous materials;
(2) health and safety procedures for response personnel, including those procedures required by Section 2724 of this Article;

(3) use of emergency response equipment and supplies;
(4) procedures for access to mutual-aid resources;
(5) identification of medical facilities capable of providing treatment appropriate for hazardous material incidents;
(6) evacuation plans and procedures;
(7) monitoring and decontamination procedures for emergency response personnel and equipment;
(8) first-aid procedures for hazardous material incidents;
(9) procedures for informing the public during emergencies; and
(10) psychological stress that may be encountered during disaster operations.
(b) Area plans shall include, but not be limited to:

(1) provisions for documenting personnel training described in subsection (a) of this section; and
(2) provisions for joint field or table-top exercises, with affected organizations, with voluntary participation of business representatives.
 

  Note:   Authority cited: Section 25503, Health and Safety Code. Reference:  Section 25503, Health and Safety Code. 
  
 






s 2726. Public Safety and Information.
Area plans shall include, but not be limited to:
(a) site perimeter security procedures for use during a release or threatened release of hazardous material;
(b) provisions for informing business personnel and the affected public of safety procedures to follow during a release or threatened release of a hazardous material;
(c) designation of responsibility for the coordinated release of safety information to the public and to the local Emergency Broadcast System;
(d) provisions for informing medical and health facilities of the nature of the incident and the substance(s) involved in an incident; and
(e) provisions for evacuation plans. Evacuation planning shall provide for the following elements:
(1) determination of the necessity for evacuation;
(2) centralized coordination of information with local law, fire, public health, medical, and other emergency response agencies;
(3) timely notification of the affected public, including release of messages prepared pursuant to subsections (c) and (d) of this section;
(4) properties of hazardous materials, such as quantity, concentration, vapor pressure, density, and potential health effects;
(5) possible release scenarios;

(6) facility characteristics, topography, meteorology, and demography of potentially affected areas;
(7) ingress and egress routes and alternatives;
(8) location of medical resources trained and equipped for hazardous material response;
(9) mass-care facilities, reception areas, and sheltering; and
(10) procedures for post-emergency period population recovery.
(New section filed 7-30-86, operative 8-29-86; Register 86, No. 31).
 

  Note:   Authority cited: Sections 25503 and 25517.5, Health and Safety Code. Reference: Section 25503, Health and Safety Code. 
  
 






s 2727. Supplies and Equipment.
 (a) Area plans shall contain a listing and description of available emergency response supplies and equipment specifically designated for the potential emergencies presented by the hazardous materials which are handled within the jurisdiction of the administering agency. This information shall be presented to reflect response capability.
(b) Area plans shall outline the provisions for regular testing, if applicable, and proper maintenance of emergency response equipment under the direct control of the county or city, as the case may be.
 

  Note:   Authority cited: Section 25503, Health and Safety Code. Reference:  Section 25503, Health and Safety Code. 
  
 






s 2728. Incident Critique and Follow-Up.
Area plans shall describe provisions for the critique and follow-up of major incidents of a release or threatened release of hazardous material. The critique shall include an interagency meeting to evaluate the response, to improve future response, and to determine if any area plan revisions are required.
 

  Note:   Authority cited: Section 25503, Health and Safety Code. Reference:  Section 25503, Health and Safety Code. 
  
 







 

 
 

 
 

  The provisions of this subchapter are intended to be implemented in
coordination with existing local hazardous materials planning efforts.



 






s 2729. Purpose.
 (a) This article provides minimum standards for the hazardous materials business plan. A hazardous materials business plan includes the following:
(1) Hazardous material inventory in accordance with Section 2729.2-2729.7;
(2) Emergency response plans and procedures in accordance with Section 2731; and

(3) Training program information in accordance with Section 2732.
 
 

  Note: Authority cited: Section 25503, Health and Safety Code. Reference:  Section 25504, Health and Safety Code. 
  
 






s 2729.1. Business Plan General Requirements.
 (a) A business that handles a hazardous material or a mixture containing a hazardous material shall establish and implement a business plan if the hazardous material is handled in quantities:
(1) equal to or greater than 500 pounds, 55 gallons, or 200 cubic feet of gas  (gas calculated at standard temperature and pressure), or
(2) equal to or greater than the applicable federal threshold planning quantity (TPQ) for an extremely hazardous substance (EHS) listed in Appendix A, Part 355, Title 40, of the Code of Federal Regulations.
(3) radioactive materials that are handled in quantities for which an emergency plan is required to be adopted pursuant to Part 30 (commencing with Section 30.1), Part 40 (commencing with Section 40.1), or Part 70 (commencing with Section 70.1), of Chapter 10 of Title 10 of the Code of Federal Regulations (54 Federal Register 14051), or pursuant to any regulations adopted by the state in accordance with those regulations.
(b) If a business handles a hazardous material pursuant to (a)(2) above, the business is subject to the Federal Emergency Planning and Community Right-to-Know Act (EPCRA) and shall also comply with Section 2729.6 of this article.
 
 

  Note: Authority cited: Sections 25503, Health and Safety Code. Reference:  Sections 25503.5(a) and 25503.8(a), Health and Safety Code. 
  
 






s 2729.2. Hazardous Materials Inventory Reporting Requirements.
 (a) A business subject to the requirements of Section 2729.1 shall complete and submit to the Certified Unified Program Agency (CUPA) or Administering Agency (AA) the following to satisfy the inventory reporting requirement:
(1) The Business Activities page of the Unified Program Consolidated Form as required by California Code of Regulations (CCR) Title 27, Section 15600(a); and Business Owner/Operator Identification page (Appendix A, OES Form 2730 (1/99)); and

(2) The Hazardous Materials-Chemical Description Page (Appendix A, OES Form 2731 (1/99)); and
(3) An Annotated Site Map if required by the CUPA or AA. An optional Annotated Site Map (Appendix A, OES Form 732 (map)(04/96)) is provided. CUPA's or AA's may modify the optional Annotated Site Map.
(b) Forms described in (a) of this section and their completion instructions are in Appendices A and B of this article.
(c) Hazardous materials considered to be trade secrets shall be clearly marked as such on the Chemical Description Page and are bound by Health and Safety Code, Section 25511.
(d) Businesses shall report mixtures that are hazardous materials by their common name (the common name or trade name of the mixture as a whole). Hazardous components in the mixture shall be identified by chemical name, percent weight, and Chemical Abstract Service (CAS) numbers (refer to Material Safety Data Sheet (MSDS) or, in case of trade secrets, refer to manufacturer).
(e) Public availability of the hazardous materials inventory required by this section is subject to Section 25506(a) of the Health and Safety Code.
 
 

  Note: Authority cited: Sections 25503, 25503.1, 25503.3 and  25503.9, Health and Safety Code. Reference: Sections 25503.3, 25503.9, 25504, 25505(d), 25509, 25511 and 25533(b), Health and Safety Code. 
  
 






s 2729.3. Alternative Hazardous Materials Inventory Requirements.
 (a) A CUPA or AA may create alternative versions of the hazardous materials inventory forms for local purposes.
(b) Alternative versions shall:
(1) Be developed in consultation with all agencies within the CUPA's or AA's jurisdiction that are responsible for fire protection, emergency response and environmental health; and

(2) Meet the requirements of 27 CCR, Section 15400.3(c).
(c) The CUPA or AA shall accept the inventory as shown in the appendices from any regulated business that chooses to use it, even if the CUPA or AA adopts one or more alternative versions.
 
 

  Note: Authority cited: Section 25503, Health and Safety Code. Reference:  Sections 25404(b), (c), (d) and (e), 25404.6(c) and 25503.3, Health and Safety Code. 
  
 






s 2729.4. Hazardous Materials Inventory Submittal.
 (a) A business shall submit a hazardous materials inventory to the appropriate CUPA or AA and local fire agency.
(b) The hazardous materials inventory shall be submitted annually on or before March 1.
(c) Businesses may choose to submit an inventory utilizing the forms specified in Section 2729.2 of this article or an alternate version developed by the CUPA or AA for their jurisdiction.
(d) Businesses shall submit an amendment to the inventory within 30 days of the following events:
(1) A 100 percent or more increase in the quantity of a previously disclosed material.
(2) Any handling of a previously undisclosed hazardous material subject to the inventory requirements of this chapter.
(3) Change of business address.
(4) Change of business ownership.
(5) Change of business name.
 
 

  Note: Authority cited: Sections 25503, Health and Safety Code. Reference:  Sections 25505(a) and (d) and 25510 Health and Safety Code. 
  
 






s 2729.5. Hazardous Material Inventory Submission Options.
 (a) If no change in an inventory has occurred, a business subject to the hazardous materials reporting requirements may comply with the annual inventory reporting requirements of Section 2729.4 by submitting a certification statement to the CUPA or AA if all the following apply:
(1) The business has previously filed the hazardous materials inventory pursuant to Section 2729.2 and 2729.3 requirements.

(2) The business owner or officially designated representative signs and attests to these statements:
(A) The information contained in the hazardous materials inventory most recently submitted to the CUPA or AA is complete, accurate, and up to date.
(B) There has been no change in the quantity of hazardous materials reported in the most recently submitted inventory.
(C) No hazardous materials subject to inventory requirements are being handled that are not listed on the most recently submitted inventory.
(3) The business is not utilizing the submission of this certification to meet the annual inventory submission requirements of EPCRA (Section 11022 of Title 42, United States Code).
(b) If a change in the hazardous materials inventory has occurred, a business subject to the hazardous materials reporting requirements may comply with the annual inventory reporting requirements by submitting the following:
(1) Signed Business Owner/Operator page for the current reporting year.

(2) Updated Chemical Description pages showing additions, deletions, or revisions to previously submitted hazardous materials inventory.
(c) Notwithstanding Section 2729.5 (a) and (b) facilities subject to EPCRA must, annually submit the following, whether a change has occurred or not:
(1) Business Activities page of the Unified Program Consolidated Form.
(2) Signed Business Owner/Operator page for the current reporting year.
(3) Chemical Description page for each federally listed Extremely Hazardous Substance (EHS) handled in quantities equal to or greater than applicable Federal Threshold Planning Quantities or 500 pounds, whichever is less.
 
 






s 2729.6. Emergency Planning and Community Right to Know Act Compliance Requirements.
 (a) Submittal of the inventory required in 2729.2 shall meet EPCRA if the following additional requirements are met.
(1) Business Activities page of the Unified Program Consolidated Form.
(2) All businesses which are subject to EPCRA and wish to claim trade secrecy must comply with the requirements of Code of Federal Regulations (CFR) Title 40 Part 350 and submit a "Substantiation to Accompany Claims of Trade Secrecy" form (40 CFR 350.27) to the United States Environmental Protection Agency (USEPA).
(3) If the hazardous material being reported is an EHS as identified in 40 CFR Part 355, Appendix A, the Chemical Description page, for that material, must contain an original signature, a photocopy of the original signature, or a signature stamp. This signature may be placed in the box for locally collected information.
 
 

  Note: Authority cited: Sections 25503, 25503.8, 25509(d) and (e), Health and Safety Code. Reference: Section 25506, Health and Safety Code. 
  
 






s 2729.7. Uniform Fire Code Compliance Requirements.
 (a) The requirement of Section 25503.9 of the Health and Safety Code to obligate administering agencies to require businesses to submit an addendum with the inventory of hazardous materials when complying with Sections 13143.9(b) and (c) and Section 25509(b) of the Health and Safety Code shall be met by complying with the requirements of Section 2729.2.
(1) If the local fire chief requires submittal of a Hazardous Materials Inventory Statement (HMIS) as stated in the Uniform Fire Code Section 80.103 subdivision (c) (1991), then the fire code hazard classes shall be identified on the chemical description page.
(2) The hazardous material inventory specified in section 2729.2 shall be submitted in lieu of an HMIS.
 
 

  Note: Authority cited: Sections 25503, 25503.9, 25509(b), and  25509.2(a), (b), and (c), Health and Safety Code. Reference: Sections 25509(b), and 25509.2(d) and (e), Health and Safety Code 
  
 






Appendix A
Article 4 -Minimum Standards for Business Plans Hazardous Materials Inventory - Forms
I. Unified Program Consolidated Form-Business Activities Page
II. Business Owner/Operator Identification Page
III. Hazardous Materials -Chemical Description Page
IV. Annotated Site Map








 

 






Appendix B
Article 4 -Minimum Standards for Business Plans Hazardous Materials Inventory - Instructions
I. Unified Program Consolidated Form -Business Activities
II. Business Owner/Operator Identification
III. Hazardous Materials -Chemical Description
IV. Annotated Site Map
I. The Unified Program Consolidated Form -Activities Instructions
Please submit the Business Activity page, the Business Owner/Operator Identification page, and the Chemical Description page for all hazardous materials inventory submissions. (Note: the numbering of the instructions follows the data element numbers that are on the form pages. These data element numbers are used for electronic submission and is the same as the numbering used in 27 CCR, Appendix C, the Business Section of the Unified Program Data Dictionary.)
Please number all pages of your submittal. This helps your CUPA or AA identify whether the submittal is complete and if any pages are separated.

       ID ELEMENT  INFORMATION DESCRIPTION
   1. Facility ID    Leave this blank. This number is assigned by the Certified
           Number                                 Unified Program Agency (CUPA)
                        or Administering Agency (AA). This is the unique number
                                                which identifies your facility.

 2. EPA ID Number     If you generate, recycle, or treat hazardous waste, enter
                                              your facility's 12-character U.S.
                       Environmental Protection Agency (U.S. EPA) or California
  Identification number. For
                   facilities in California, the number usually starts with the
                                             letters "CA". If you do not have a
                     number, contact the Department of Toxic Substances Control
   (DTSC), Telephone
                        Information Center at (916) 324-1781, (800) 61-TOXIC or
                                                 (800) 61-86942, to obtain one.
 3. Business Name   Enter the full legal name of the business. This is the same
                                                as the terms "Facility Name" or
                       "DBA-Doing Business As" that might have been used in the
               past.
     4. Hazardous      Check the appropriate box to indicate whether you have a
        Materials                           hazardous material onsite. You have
           Onsite
                                                a hazardous material onsite if:
                      •It is handled in quantities equal to or greater than 500
                       pounds, 55 gallons, or 200 cubic feet of gas (calculated
                                         at standard temperature and pressure),

                      •It is handled in quantities equal to or greater than the
                          applicable federal threshold planning quantity for an
                       extremely hazardous substance listed in 40 CFR Part 355,
         Appendix A,
                     •Radioactive materials are handled in quantities for which
                        an emergency plan is required to be adopted pursuant to
                       Part 30, Part 40, or Part 70 of Chapter 10 of 10 CFR, or
                            pursuant to any regulations adopted by the state in
                                             accordance with these regulations.
                         If you have a hazardous material onsite, then you must
                       complete the Business Owner/Operator Identification (OES
                      Form 2730) and the Hazardous Materials Inventory-Chemical
                      Description page (OES Form 2731), as well as an Emergency
                                               Response Plan and Training Plan.
                      Do not answer "YES" to this question if you exceed only a
                        local threshold, but do not exceed the state threshold.
5. Own or Operate      Check the appropriate box to indicate whether you own or
      Underground                             operate USTs containing hazardous
     Storage Tank    substances (HS) as defined in Health and Safety Code (HSC)
            (UST)                               s25316. If "YES", then you must
                           complete one UST Facility page (formerly State Water

                                                Resources Control Board (SWRCB)
                    Form A) and UST Tank pages (formerly SWRCB Form B) for each
               tank.
               6.   Check the appropriate box to indicate whether you intend to
  Upgrade/Install      install or upgrade UST's containing hazardous substances
              UST    as defined in HSC s25316. If "YES", then you must complete
                            the UST Installation-Certificate of Compliance page
                        (formerly SWRCB Form C) in addition to UST Facility and
         Tank pages.
   7. UST Closure       Check the appropriate box if you are closing an UST and
                             complete the closure portion of the UST Tank pages
                      (formerly SWRCB Form B) for each tank. (CUPAs may require
  additional information.)
8. Own or Operate       Check the appropriate box to indicate whether there are
      Aboveground                                 AST's onsite which exceed the
        Petroleum          regulatory thresholds. (There is no state AST form.)
     Storage Tank
            (AST)
                    This program applies to all facilities storing petroleum in
                           aboveground tanks. Petroleum means crude oil, or any
                     fraction thereof, which is liquid at 60 degrees Fahrenheit

                           temperature and 14.7 pounds per square inch absolute
                           pressure (HSC s25270.2(g)). The facility must have a
                            single tank greater than 660 gallons, or cumulative
                     storage capacity greater than 1,320 gallons for all AST's.
                                           NOT Subject to the Act (exemptions):
                      An aboveground petroleum storage tank (AST) facility with
                      one or more of the following (see HSC s25270.2(k)) is not
                                             subject to this act and is exempt:
                    •A pressure vessel or boiler which is subject to Division 5
  of the Labor Code.
                      •A storage tank containing hazardous waste if a hazardous
                     waste facility permit has been issued for the storage tank
                                 by the Department of Toxic Substances Control.
                      •An aboveground oil production tank which is regulated by
                                                   the Division of Oil and Gas.
                     •Certain oil-filled electrical equipment including but not
                     limited to, transformers, circuit breakers, or capacitors.
     9. Hazardous   Check the appropriate box to indicate whether your facility
  Waste Generator     generates hazardous waste (HW). A generator is the person
                        or business whose acts or processes produce a HW or who
                     causes a hazardous substance or waste to become subject to

                          state HW law. If your facility generates HW, you must
                      obtain and use an EPA Identification number (ID) in order
                       to properly transport and dispose of it. Report your EPA
    ID number in #2.
                   Hazardous waste means a waste that meets any of the criteria
                         for the identification of a hazardous waste adopted by
                      DTSC pursuant to HSC s 25141. "Hazardous waste" includes,
                           but is not limited to, federally regulated hazardous
                             waste. Federal hazardous waste law is known as the
                           Resource Conservation and Recovery Act (RCRA) Unless
                        explicitly stated otherwise, the term "hazardous waste"
                            also includes extremely hazardous waste and acutely
    hazardous waste.
      10. Recycle   Check the appropriate box to indicate whether your facility
                       recycles more than 100 kilograms per month of recyclable
                        material under a claim that the material is excluded or
                         exempt per HSC s 25143.2. Check "YES" and complete the
                      Recyclable Materials Report pages, if you either recycled
                         onsite or recycled excluded recyclable materials which
                            were generated offsite. Check "NO" if you only send
                        recyclable materials to an offsite recycler. You do not

     need to report.
       11. Onsite   Check the appropriate box to indicate whether your facility
  Hazardous Waste                                engages in onsite treatment of
        Treatment  hazardous waste. "Treatment" means any method, technique, or
                              process which is designed to change the physical,
                        chemical, or biological character or composition of any
                          hazardous waste or any material contained therein, or
                                   removes or reduces its harmful properties or
                          characteristics for any purpose. "Treatment" does not
                     include the removal of residues from manufacturing process
                         equipment for the purposes of cleaning that equipment.
                          Amendments (effective 1/1/99) add exemptions from the
                          definition of "treatment" for certain processes under
                             specific, limited conditions. Refer to HSC section
                                      25123.5(b) for these specific exemptions.
                        Treatment of certain laboratory hazardous wastes do not
                      require authorization. Refer to HSC section 25200.3.1 for
  specific information.
                        Please contact your CUPA to determine if any exemptions
                        apply to your facility. Triggers requirement for onsite
                                       hazardous waste treatment data elements.

                      If your facility engages in onsite treatment of hazardous
                       waste then complete the Onsite Hazardous Waste Treatment
                       Notification-Facility page (formerly DTSC Form 1772) and
                                    one set of Onsite Hazardous Waste Treatment
                      Notification-Unit pages (formerly DTSC Forms 1772A, B, C,
                      D, E, and L) with waste and treatment process information
      for each unit.
    12. Financial   Check the appropriate box to indicate whether your facility
        Assurance    is subject to Financial Assurance requirements for closure
                           of an onsite treatment unit. Unless they are exempt,
                         Permit by Rule (PBR) and Conditionally Authorized (CA)
                     operations are required to provide financial assurance for
                      closure costs (per 22 CCR s67450.13(b) and HSC s25245.4).
                             If your facility is subject to Financial Assurance
                       requirements or claiming an exemption, then complete the
                       Certification of Financial Assurance page (formerly DTSC
         Form 1232).
 13. Remote Waste   Check the appropriate box to indicate whether your facility
    Consolidation      consolidates hazardous waste generated at a remote site.
             Site
                       Answer "YES" if you are a hazardous waste generator that

                          collects hazardous waste initially at remote site and
                               subsequently transports the hazardous waste to a
                      consolidation site you also operate. You must be eligible
                                   pursuant to the conditions in HSC s25110.10.
                   If your facility consolidates hazardous waste generated at a
                      remote site, then complete the Remote Waste Consolidation
                       Site Annual Notification page (formerly DTSC Form 1196).
    14. Hazardous  Check the appropriate box to indicate whether the tank being
       Waste Tank       closed would be classified as hazardous waste after its
          Closure       contents are removed. Classification could be based on:
                                   •Your knowledge of the tank and its contents
  •Testing of the tank
                    •Inability to remove hazardous materials stored in the tank
   •The mixture rule
                           •The listed wastes in 40 CFR 261.31 or 40 CFR 261.32
                      If the tank being closed would be classified as hazardous
                            waste after its contents are removed, then you must
                        complete the Hazardous Waste Tank Closure Certification
                                                page (formerly DTSC Form 1249).
        15. Local       Some CUPA's or AA's may require additional information.
     Requirements            Check with your CUPA before submitting the UPCF to

                         determine if any supplemental information is required.

 
II. Business Owner/Operator Identification -Instructions
Please submit the Business Owner/Operator Identification page, the Business Activity page, and the Chemical Description page for all hazardous materials inventory submissions. For the inventory to be considered complete this page must be signed by the appropriate individual. (Note: the numbering of the instructions follows the data element numbers that are on the form pages. These data element numbers are used for electronic submission and is the same as the numbering used in 27 CCR, Appendix C, the Business Section of the Unified Program Data Dictionary.)
Please number all pages of your submittal. This helps your CUPA or AA identify whether the submittal is complete and if any pages are separated.

            ID ELEMENT  INFORMATION DESCRIPTION
 1. Facility ID Number         This number is assigned by the Certified Unified
                            Program Agency (CUPA) or Administering Agency (AA).

                                This is the unique number which identifies your
           facility.
      3. Business Name   Enter the full legal name of the business. This is the
                                           same as the terms "Facility Name" or
                           "DBA-Doing Business As" that might have been used in
           the past.
   100. Beginning Date         Enter the beginning year and date of the report.
          (YYYYMMDD)
      101. Ending Date            Enter the ending year and date of the report.
          (YYYYMMDD)
   102. Business Phone         Enter the phone number, area code first, and any
          extension.
    103. Business Site  Enter the street address where the facility is located.
               Address                  No post office box numbers are allowed.
                        This information must provide a means to geographically
  locate the facility.
             104. City  Enter the city or unincorporated area in which business
    site is located.
         105. Zip Code   Enter the zip code of business site. The extra 4 digit
                                                         zip may also be added.
 106. Dun & Bradstreet  Enter the Dun & Bradstreet number for the facility. The

                                                 Dun & Bradstreet number may be
                        obtained by calling (610) 882-7748 or by Internet.(610)
  882-7748 or by Internet.
         107. SIC Code     Enter the primary Standard Industrial Classification
                                               Code number for primary business
                         activity. NOTE : If code is more than 4 digits, report
  only the first four.
           108. County  Enter the county in which the business site is located.
109. Business Operator                 Enter the name of the business operator.
                  Name
110. Business Operator  Enter business operator phone number, if different from
                 Phone                     business phone (area code first) and
      any extension.
       111. Owner Name          Enter name of business owner, if different from
  business operator.
      112. Owner Phone     Enter the business owner's phone number if different
                                          from business phone (area code first)
  and any extension.
    113. Owner Mailing      Enter the owner's mailing address if different from
               Address  business site address.
       114. Owner City       Enter the name of the city for the owner's mailing

            address.
      115. Owner State         Enter the 2 character state abbreviation for the
  owner's mailing address.
   116. Owner Zip Code  Enter the zip code for the owner's address. The extra 4
                                                   digit zip may also be added.
    117. Environmental      Enter the name of the person, if different from the
          Contact Name             Business Owner or Operator, who receives all
                               environmental correspondence and will respond to
  enforcement activity.
    118. Contact Phone       Enter the phone number, if different from Owner or
                             perator, at which the environmental contact can be
                                 contacted, area code first, and any extension.
  119. Mailing Address        Enter the mailing address where all environmental
                            contact correspondence should be sent, if different
  from the site address.
             120. City         Enter the name of the city for the environmental
  contact's mailing address.
            121. State         Enter the 2 character state abbreviation for the
                                       environmental contact's mailing address.
         122. Zip Code       Enter the zip code for the environmental contact's
                             mailing address. The extra 4 digit zip may also be

              added.
123. Primary Emergency           Enter the name of a representative that can be
          Contact Name    contacted in case of an emergency involving hazardous
                              materials at the business site. The contact shall
                               have FULL facility access, site familiarity, and
                                   authority to make decisions for the business
                                                 regarding incident mitigation.
            124. Title        Enter the title of the primary emergency contact.
   125. Business Phone      Enter the business number for the primary emergency
                                  contact (area code first) and any extensions.
    126. 24-Hour Phone   Enter a 24-hour phone number for the primary emergency
                            contact. The 24-hour phone number must be one which
                                   is answered 24 hours a day. If it is not the
                                  contact's home phone number, then the service
                                answering the phone must be able to immediately
                                          contact the individual, stated above.
     127. Pager Number         Enter the pager number for the primary emergency
  contact, if available.
        128. Secondary    Enter the name of a secondary representative that can
     Emergency Contact               be contacted in the event that the primary
                  Name    emergency contact is not available. The contact shall

                               have FULL facility access, site familiarity, and
                                   authority to make decisions for the business
                                                 regarding incident mitigation.
            129. Title      Enter the title of the secondary emergency contact.
   130. Business Phone    Enter the business telephone number for the secondary
                                    emergency contact (area code first) and any
          extension.
    131. 24-Hour Phone           Enter a 24-hour phone number for the secondary
                            emergency contact. The 24 hour phone number must be
                             one which is answered 24 hours a day. If it is not
                              the contact's home phone number, then the service
                                answering the phone must be able to immediately
                                           contact the individual stated above.
     132. Pager Number       Enter the pager number for the secondary emergency
  contact, if available.
       133. Additional     This space may be used for CUPA's or AA's to collect
     Locally Collected                     any additional information necessary
           Information   to meet the requirements of their individual programs.
                                        Contact your local agency for guidance.
             134. Date      Enter the date that the form was signed. (YYYYMMDD)
    135. Name Document       Enter the full name of the person who prepared the

              Preparer                         inventory submittal information.
   136. Name of Signer    Enter the full printed name of the person signing the
                           form. The signer certifies to a familiarity with the
                          information submitted and that based on their inquiry
                             of those individuals responsible for obtaining the
                            information, all the information submitted is true,
  accurate and complete.
          Signature of    The Business Owner/Operator, or officially designated
                                          representative of the Owner/Operator,
        Owner/Operator        shall sig n in the space privided. This signature
                    or           certifies that the signer is familiar with the
            Designated    information submitted and that based on their inquiry
        Representative       of those individuals responsible for obtaining the
                                 information it is the signer's belief that the
                          submitted information is true, accurate and complete.
  137. Title of Signer          Enter the title of the person signing the form.

 
III. Hazardous Materials Inventory -Chemical Description Instructions
You must complete a separate Chemical Description page for each hazardous material (hazardous substances and hazardous waste) that you handle at your facility in aggregate quantities equal to or greater than 500 pounds, 55 gallons, 200 cubic feet of gas (calculated at standard temperature and pressure) or the federal threshold planning quality for Extremely Hazardous Substances, whichever is less. Also complete a page for each radioactive material handled over quantities for which an emergency plan is required to be adopted pursuant to 10 CFR Parts 30, 40, or 70. The completed inventory should reflect all reportable quantities of hazardous materials at your facility, reported separately for each building or outside adjacent area, with separate pages for unique occurrences of physical state, storage temperature and storage pressure. (Note: the numbering of the instructions follows the data element numbers that are on the form pages. These data element numbers are used for electronic submission and is the same as the numbering used in 27 CCR, Appendix C, the Business Section of the Unified Program Data Dictionary.)
Please number all pages of your submittal. This helps your Certified Unified Program Agency (CUPA) or Administering Agency (AA) identify whether the submittal is complete and if any pages are separated.



               ID ELEMENT  INFORMATION DESCRIPTION
    1. Facility ID Number     The number is assigned by the CUPA or AA. This is
                              the unique number which identifies your facility.
         3. Business Name  Enter the full legal name of the business as entered
                                  on the Business Owner/Operator identification
               page.
   200. Add/Delete/Revise        Indicate if the material is being added to the
                               inventory, deleted from the inventory, or if the
                             information previously submitted is being revised.
                               NOTE : You may choose to leave this blank if you
                                       resubmit your entire inventory annually.
   201. Chemical Location     Enter the building or outside/adjacent area where
                             the hazardous material is handled. A chemical that
                             is stored at the same pressure and temperature, in
                                   multiple locations within a building, can be
                              reported on a single page. NOTE: This information
                                is not subject to public disclosure pursuant to
                                   Section 25506 of the Health and Safety Code.
   202. Chemical Location     All businesses which are subject to the Emergency
                                           Planning and Community Right to Know
       Confidential-EPCRA  Act (EPRCA) must check "Y" to keep chemical location

                             information confidential. If the business does not
                                     wish to keep chemical location information
  confidential check "N".
          203. Map Number  If a map is included, enter the number of the map on
                                which the location of the hazardous material is
              shown.
         204. Grid Number          If grid coordinates are used, enter the grid
                                  coordinates of the map that correspond to the
                             location of the hazardous material. If applicable,
                                       multiple grid coordinates can be listed.
       205. Chemical Name      Enter the proper chemical name associated to the
                                  Chemical Abstract Service (CAS) number of the
                                         hazardous material. This should be the
                              International Union of Pure and Applied Chemistry
                                 (IUPAC) name found on the Material Safety Data
                              Sheet (MSDS). NOTE: If the chemical is a mixture,
                               do not complete this field; complete the "common
  name" field instead.
        206. Trade Secret  Check "Y" for yes if the information in this section
                               is declared a trade secret, or "N" for no, if it
             is not.

                                 State requirement: If yes, and business is not
                                 subject to EPCRA, disclosure of the designated
                                trade secret information is bound by Health and
                                                    Safety Code. Section 25511.
                           Federal Requirement: If yes, and business is subject
                                   to EPCRA, disclosure of the designated Trade
                                Secret information is bound by Title 40 Code of
                                Federal Regulations (CFR) and the business must
                                submit a "Substantiation to Accompany Claims of
                                  Trade Secrecy" form (40 CFR 350.27) to USEPA.
         207. Common Name  Enter the common name or trade name of the hazardous
                                     material or mixture containing a hazardous
           material.
                 208. EHS     Check "Y" for yes if the hazardous material is an
                             Extremely Hazardous Substance (EHS), as defined in
                             40 CFR, Part 355, Appendix A. If the material is a
                                  mixture containing an EHS, leave this section
                                    blank and complete the section on hazardous
   components below.
               209. CAS #  Enter the Chemical Abstract Service (CAS) number for
                                the hazardous material. For mixtures, enter the

                              CAS number of the mixture if it has been assigned
                                  a number distinct from its components. If the
                             mixture has no CAS number, leave this column blank
                                   and report the CAS numbers of the individual
                                hazardous components in the appropriate section
              below.
           210. Fire Code            Fire Code Hazard Classes describe to first
                                     responders the type and level of hazardous
           Hazard Classes  materials which a business handles. This information
                                 shall only be provided if the local fire chief
                              deems it necessary and requests the CUPA or AA to
                                   collect it. A list of the hazard classes and
                                 instructions on how to determine which class a
                                       material falls under are included in the
                             appendices of Article 80 of the Uniform Fire Code.
                              If a material has more than one applicable hazard
                                 class, include all. Contact the CUPA or AA for
           guidance.
  211. Hazardous Material     Check the one box that best describes the type of
                     Type        hazardous material: pure, mixture or waste. If
                             waste material, check only that box. If mixture or

                                  waste, complete hazardous components section.
         212. Radioactive        Check "Y" for yes if the hazardous material is
                                       radioactive or "N" for no, if it is not.
              213. Curies    If the hazardous material is radioactive, use this
                             area to report the activity in curies. You may use
                             up to nine digits with a floating decimal point to
                                                     report activity in curies.
      214. Physical State    Check the one box that best describes the state in
                                which the hazardous material is handled: solid,
      liquid or gas.
   215. Largest Container  Enter the total capacity of the largest container in
                                                  which the material is stored.
      216. Federal Hazard   Check all categories that describe the physical and
               Categories          health hazards associated with the hazardous
           material.
    PHYSICAL HAZARDS
                                Fire: Flammable Liquids and Solids, Combustible
                                                Liquids, Pyrophorics, Oxidizers
                                Reactive: Unstable Reactive, Organic Peroxides,
                                                    Water Reactive, Radioactive
                                Pressure Release: Explosives, Compressed Gases,

     Blasting Agents
      HEALTH HAZARDS
                                 Acute Health (Immediate): Highly Toxic, Toxic,
                                      Irritants, Sensitizers, Corrosives, other
                                hazardous chemicals with an adverse effect with
  short term exposure.
                                    Chronic Health (Delayed):Carcinogens, other
                                hazardous chemicals with an adverse effect with
  long term exposure.
217. Average Daily Amount   Calculate the average daily amount of the hazardous
                                     material or mixture containing a hazardous
                                 material, in each building or adjacent/outside
                              area. Calculations shall be based on the previous
                                  year's inventory of material reported on this
                                page. Total all daily amounts and divide by the
                                number of days the chemical will be on site. If
                                this is a material that has not previously been
                              present at this location, the amount shall be the
                                 average daily amount you project to be on hand
                              during the course of the year. This amount should
                               be consistent with the units reported in box 221

                                    and should not exceed that of maximum daily
             amount.
218. Maximum Daily Amount   Enter the maximum amount of each hazardous material
                              or mixture containing a hazardous material, which
                              is handled in a building or adjacent/outside area
                              at any one time over the course of the year. This
                                   amount must contain at a minimum last year's
                               inventory of the material reported on this page,
                                with the reflection of additions, deletions, or
                                 revisions projected for the current year. This
                                     amount should be consistent with the units
  reported in box 221.
 219. Annual Waste Amount      If the hazardous material being inventoried is a
                                waste, provide an estimate of the annual amount
            handled.
    220. State Waste Code       If the hazardous material is a waste, enter the
                                 appropriate California 3-digit hazardous waste
                                      code as listed on the back of the Uniform
  Hazardous Waste Manifest.
               221. Units    Check the unit of measure that is most appropriate
                                  for the material being reported on this page:

                              gallons, pounds, cubic feet or tons. NOTE: If the
                                      material is a federally defined Extremely
                                 Hazardous Substance (EHS), all amounts must be
                                   reported in pounds. If material is a mixture
                                   containing an EHS, report the units that the
                                  material is stored in (gallons, pounds, cubic
     feet, or tons).
        222. Days on Site    List the total number of days during the year that
                                                       the material is on site.
   223. Storage Container     Check all boxes that describe the type of storage
                                  containers in which the hazardous material is
                              stored. NOTE: If appropriate, you may choose more
           than one.
    224. Storage Pressure    Check the one box that best describes the pressure
                                     at which the hazardous material is stored.
 225. Storage Temperature  Check the box that best describes the temperature at
                                        which the hazardous material is stored.
 226, Hazardous Component          Enter the percentage weight of the hazardous
                      1-5                 component in a mixture. If a range of
       230, (% by weight)          percentages is available, report the highest
  percentage in that range.

                     234,
                     238,
                      242
 227, Hazardous Component         When reporting a hazardous material that is a
                      1-5            mixture, list up to five chemical names of
                231, Name   hazardous components in a mixture by percent weight
                                        (refer to MSDS or, in the case of trade
                     235,        secrets, refer to manufacturer). All hazardous
                                   components in the mixture present at greater
                     239,     than 1% by weight if non-carcinogenic, or 0.1% by
                                    weight if carcinogenic, should be reported.
                      243    IF more than five hazardous components are present
                                        above these percentages, you may attach
                           an additional sheet of paper to capture the required
                                              information. When reporting waste
                           mixtures, mineral and chemical composition should be
             listed.
 228, Hazardous Component  Check "Y" for yes if the component of the mixture is
                  1-5 EHS                     considered an Extremely Hazardous
                     232,  Substance as defined in 40 CFR, Part 355, or "N" for
   no, if it is not.

                     236,
                     240,
                      244
 229, Hazardous Component   List the Chemical Abstract Service (CAS) numbers as
                  1-5 CAS                 related to the hazardous component in
                     233,        the mixture.
                     237,
                     241,
                      245
  246. Additional Locally   This space may be used by the CUPA or AA to collect
                                           any additional information necessary
                Collected          to meet the requirements of their individual
              Information        programs. Contact the CUPA or AA for guidance.

 
IV. California Annotated Site Map -Instructions
Attach a map of the facility using the standard grid. As a minimum, the map should show the following:
1. Site Layout w Scale of map w Site Orientation (north, south, etc.)

• Loading areas
• Parking lots
• Internal roads
• Storm and sewer drains
• Adjacent property use
• Locations and names of adjacent streets and alleys
• Access and egress points and roads
2. Facility
• Location of each storage area
• Location of each hazardous material handling area

• Location of emergency response equipment. For example, equipment for fire suppression, approach and mitigation, protective clothing, medical response, etc.
 

 






s 2730. Optional Model Inventory Reporting Form.
 
 

  Note: Authority cited: Section 25503.3, Health and Safety Code. Reference:  Section 25503.3, Health and Safety Code. 
  
 






s 2731. Emergency Response Plans and Procedures.
The business plan shall include the following emergency response procedures for a release or threatened release of hazardous materials, scaled appropriately for the size and nature of the business, the nature of the damage potential of the hazardous materials handled, and the proximity of the business to residential areas and other populations:
(a) immediate notification of:
(1) local emergency response personnel;

(2) the administering agency and the State Office of Emergency Services pursuant to article 2 of this subchapter;
(3) persons within the facility who are necessary to respond to an incident;
(b) identification of local emergency medical assistance appropriate for potential accident scenarios;
(c) mitigation, prevention, or abatement of hazards to persons, property, or the environment;
(d) immediate notification and evacuation of the facility; and
(e) identification of areas of the facility and mechanical or other systems that require immediate inspection or isolation because of their vulnerability to earthquake related ground motion.
 
 

  Note:    Authority cited: Sections 25503 and 25517.5, Health and Safety Code. Reference: Sections 25503(b)(2), 25504(b) and 25507, Health and Safety Code. 
  
 






s 2732. Training.
 (a) The business plan shall include a training program which is reasonable and appropriate for the size of the business and the nature of the hazardous materials handled. The training program shall take into consideration the responsibilities of the employees to be trained. The training program shall, at a minimum, include:
(1) methods for safe handling of hazardous materials;

(2) procedures for coordination with local emergency response organizations;
(3) use of emergency response equipment and supplies under the control of the handler, and
(4) all procedures required by Section 2731 of this Article.
(b) The business plan shall include provisions for ensuring that appropriate personnel receive initial and refresher training.
 
 

  Note: Authority cited: Section 25503, Health and Safety Code. Reference:  Section 25504(c), Health and Safety Code. 
  
 






s 2733. Applicability.
Each building which is subject to the requirements of Section 25503.5(b)(5)(B) of Chapter 6.95 of the Health and Safety Code, and in which any pesticides, petroleum fuels or oils, or fertilizers are stored shall be conspicuously posted with warning signs as described in Section 2734 of this Article.
 

  Note:   Authority cited: Sections 25503, 25503.5, and 25517.5, Health and Safety Code. Reference: Sections 25503, 25503.5, and 25504, Health and Safety Code. (New section filed as an emergency 9-12-86, operative 9-12-86; Certificate of Compliance must be transmitted no later than 1-12-87, or section will be repealed by operation of law (Gov. C.s 11346.1(g)); Register 86, No. 37). 
  
 






s 2734. Warning Signs.
 (a) Warning signs shall be conspicuous and visible from any direction of probable approach.
(b) Each sign shall be of such a size that it is readable from a distance of 25 feet and shall be substantially as follows:
DANGER HAZARDOUS MATERIAL STORAGE AREA (in this space -list the hazardous
material stored within, by category- pesticides, petroleum fuels, oils, or
fertilizers)
 
ALL UNAUTHORIZED PERSONS -KEEP OUT IN AN EMERGENCY, CONTACT: (in this space -
list the name and phone number of an emergency contact person)
 
(c) The sign shall be repeated in an appropriate language other than English when it may reasonably be anticipated that persons who do not understand the English language may enter the posted building.
 

  Note:   Authority cited: Sections 25503, 25503.5, and 25517.5, Health and Safety Code. Reference: Sections 25503, 25503.5, and 25504, Health and Safety Code. (New section filed as an emergency 9-12-86, operative 9-12-86; Certificate of Compliance must be transmitted no later than 1-12-87, or section will be repealed by operation of law (Gov. C.s 11346.1(g)); Register 86, No. 37). 
  
 






s 2735.1. Purpose.
The California Accidental Release Prevention (CalARP) program includes the federal Accidental Release Prevention program [Title 40, Code of Federal Regulations (CFR) Part 68] with certain additions specific to the state pursuant to Article 2, Chapter 6.95, of the Health and Safety Code (HSC). The purpose of the CalARP program is to prevent the accidental releases of regulated substances.  The list of regulated substances are in Section 2770.5 of this chapter.
Stationary sources with more than a threshold quantity of a regulated substance shall be evaluated to determine the potential for and impacts of accidental releases from that covered process.  Under conditions specified by this chapter, the owner or operator of a stationary source may be required to develop and submit a risk management plan (RMP).  The RMP components and submission requirements are identified in Article 3 of this chapter.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Sections 25531.2, 25533, 25535.1 and 25543, Health and Safety Code. 
  
 






s 2735.2. Scope.
This chapter sets forth:
(a) the list of regulated substances and thresholds,
(b) the requirements for owners and operators of stationary sources concerning the prevention of accidental releases,
(c) the accidental release prevention programs approved under Section 112(r) of the federal Clean Air Act (CAA) Amendments of 1990 and mandated under the CalARP program, and
(d) how the CalARP program relates to the state's Unified Program.
The list of substances, threshold quantities, and accident prevention regulations promulgated under this chapter do not in any way limit the general duty provisions under Section 112(r)(1) of the federal CAA.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code. Reference: Sections 25531, 25532 and 25533, Health and Safety Code; and Section 68.1, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2735.3. Definitions.
For the purposes of this chapter only:
(a) "AA" means Administering Agency, the local agency responsible to implement the CalARP program.  In most instances, the Certified Unified Program Agency (CUPA) has this responsibility.  When there is no CUPA, the implementing agency is the agency designated by the Secretary for Environmental Protection pursuant to Section 25404.3(f) of HSC or the agency designated by OES pursuant to 25533(f) of HSC.
(b) "Accidental release" means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.
(c) "Administrative controls" mean written procedural mechanisms used for hazard control.
(d) "Administrator" means the administrator of the USEPA.
(e) "AIChE/CCPS" means the American Institute of Chemical Engineers/Center for Chemical Process Safety.
(f) "API" means the American Petroleum Institute.
(g) "Article" means a manufactured item, as defined under Section 5189 of Title 8 of the California Code of Regulations (CCR), that is formed to a specific shape or design during manufacture, that has end use functions dependent in whole or in part upon the shape or design during end use, and that does not release or otherwise result in exposure to a regulated substance under normal conditions of processing and use.
(h) "ASME" means the American Society of Mechanical Engineers.
(i) "CAS" means the Chemical Abstracts Service.
(j) "CFR" means the Code of Federal Regulations
(k) "Catastrophic release" means a major uncontrolled emission, fire, or explosion, involving one or more regulated substances that presents an imminent and substantial endangerment to public health and the environment.
(l) "Classified information," as defined in the Classified Information Procedures Act, Appendix 3 of Section 1(a) of Title 18 of the United States Code, means "any information or material that has been determined by the United States Government pursuant to an executive order, statute, or regulation, to require protection against unauthorized disclosure for reasons of national security."
(m) "Condensate" means hydrocarbon liquid separated from natural gas that condenses due to changes in temperature, pressure, or both, and remains liquid at standard conditions.
(n) "Covered process" means a process that has a regulated substance present in more than a threshold quantity as determined under Section 2770.2 of this chapter.
(o) "Crude oil" means any naturally occurring, unrefined petroleum liquid.
(p) "DOT" means the United States Department of Transportation.
(q) "Environmental receptor" means natural areas such as national or state parks, forests, or monuments; officially designated wildlife sanctuaries, preserves, refuges, or areas; and Federal wilderness areas, that could be exposed at any time to toxic concentrations, radiant heat, or overpressure greater than or equal to the endpoints provided in Section 2750.2(a), as a result of an accidental release and that can be identified on local United States Geological Survey maps.
(r) "Field gas" means gas extracted from a production well before the gas enters a natural gas processing plant.
(s) "Hot work" means work involving electric or gas welding, cutting, brazing, or similar flame or spark-producing operations.
(t) "Injury" means any effect on a human that results either from direct exposure to toxic concentrations; radiant heat; or overpressures from accidental releases or from the direct consequences of a vapor cloud explosion (such as flying glass, debris, and other projectiles) from an accidental release and that requires medical treatment or hospitalization.
(u) "Interested persons" means those residents, workers, students and others who would be potentially affected by an accidental or catastrophic release.
(v) "Major change" means introduction of a new process, process equipment, or regulated substance, an alteration of process chemistry that results in any change to safe operating limits, or other alteration that introduces a new hazard.
(w) "Mechanical integrity" means the process of ensuring that process equipment is fabricated from the proper materials of construction and is properly installed, maintained, and replaced to prevent failures and accidental releases.
(x) "Medical treatment" means treatment, other than first aid, administered by a physician or registered professional personnel under standing orders from a physician.
(y) "Mitigation or mitigation system" means specific activities, technologies, or equipment designed or deployed to capture or control substances upon loss of containment to minimize exposure of the public or the environment.  Passive mitigation means equipment, devices, or technologies that function without human, mechanical, or other energy input.  Active mitigation means equipment, devices, or technologies that need human, mechanical, or other energy input to function.
(z) "Modified stationary source" means a stationary source which has undergone an addition or change which qualifies as a "major change" as defined in (v) of this section.
(aa) "NAICS" means the North American Industry Classification System.
(bb) "NFPA" means the National Fire Protection Association.
(cc) "Natural gas processing plant" (gas plant) means any processing site engaged in the extraction of natural gas liquids from field gas, fractionation of mixed natural gas liquids to natural gas products, or both, classified as North American Industrial Classification System (NAICS) code 211112 (previously Standard Industrial Classification (SIC) code 1321).
(dd) "OES" means the Governor's Office of Emergency Services.
(ee) "Offsite" means areas beyond the property boundary of the stationary source, and areas within the property boundary to which the public has routine and unrestricted access during or outside business hours.
(ff) "OSHA" means the Occupational Safety and Health Administration.
(gg) "Owner or operator" means any person who owns, leases, operates, controls, or supervises a stationary source.
(hh) "Part 68" means Part 68 of Subpart A of Subchapter C of Chapter I of Title 40 of CFR.
(ii) "Petroleum refining process unit" means a process unit used in an establishment primarily engaged in petroleum refining as defined in NAICS code 32411 for petroleum refining (formerly SIC code 2911) and used for the following: (1) producing transportation fuels (such as gasoline, diesel fuels, and jet fuels), heating fuels (such as kerosene, fuel gas distillate, and fuel oils), or lubricants; (2) separating petroleum; or (3) separating, cracking, reacting, or reforming intermediate petroleum streams.  Examples of such units include, but are not limited to, petroleum based solvent units, alkylation units, catalytic hydrotreating, catalytic hydrorefining, catalytic hydrocracking, catalytic reforming, catalytic cracking, crude distillation, lube oil processing, hydrogen production, isomerization, polymerization, thermal processes, and blending, sweetening, and treating processes.  Petroleum refining process units include sulfur plants.
(jj) "Population" means the public.
(kk) "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.  For the purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located such that a regulated substance could be involved in a potential release, shall be considered a single process.
(ll) "Produced water" means water extracted from the earth from an oil or natural gas production well, or that is separated from oil or natural gas after extraction.
(mm) "Public" means any person except employees or contractors at the stationary source.
(nn) "Public receptor" means offsite residences, institutions (e.g., schools, hospitals), industrial, commercial, and office buildings, parks, or recreational areas inhabited or occupied by the public at any time without restriction by the stationary source where members of the public could be exposed to toxic concentrations, radiant heat, or overpressure, as a result of an accidental release.
(oo) "Qualified person" means a person who is qualified to attest, at a minimum to:  (1) the validity and appropriateness of the process hazard analyses (PHA) performed pursuant to Section 2760.2; (2) the completeness of a risk management plan; and (3) the relationship between the corrective steps taken by the owner or operator following the PHAs and those hazards which were identified in the analyses.
(pp) "Qualified position" means a person occupying a position who is qualified to attest, at a minimum to: (1) the validity and appropriateness of the PHA performed pursuant to Section 2760.2; (2) the completeness of a risk management plan; and (3) the relationship between the corrective steps taken by the owner or operator following the PHAs and those hazards which were identified in the analyses.
(qq) "Regulated substance" means any substance, unless otherwise indicated, listed in Section 2770.5 of this chapter.
(rr) "Replacement in kind" means a replacement that satisfies the design specifications.
(ss) Retail facility means a stationary source at which more than one-half of the income is obtained from direct sales to end users or at which more than one-half of the fuel sold, by volume, is sold through a cylinder exchange program.
(tt) "RMP" means the risk management plan as described by the component elements identified in Article 3 of this chapter.
(uu) "Stationary source" means any buildings, structures, equipment, installations, or substance emitting stationary activities which belong 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 accidental release may occur.  The term stationary source does not apply to transportation, including storage incident to transportation, of any regulated substance or any other extremely hazardous substance under the provisions of this chapter.  A stationary source includes transportation containers used for storage not incident to transportation and transportation containers connected to equipment at a stationary source for loading or unloading.  Transportation includes, but is not limited to, transportation subject to oversight or regulations under Part 192, 193, or 195 of Title 49 of CFR, or a state natural gas or hazardous liquid program for which the state has in effect a certification to DOT under Section 60105 of Title 49 of USC.  A stationary source does not include naturally occurring hydrocarbon reservoirs.  Properties shall not be considered contiguous solely because of a railroad or pipeline right-of-way.
(vv) "Threshold quantity" means the quantity specified for a regulated substance pursuant to Section 2770.5 and determined to be present at a stationary source as specified in Section 2770.2 of this chapter.
(ww) "Trade secret" means trade secrets as defined in Section 6254.7 of Subdivision (d) of the Government Code and Section 1060 of the Evidence Code and includes information submitted to an administering agency which has been designated by the stationary source as trade secret and which shall not be released by the AA except to authorized officers and employees of other governmental agencies, and only in connection with the official duties of that officer or employee pursuant to any law for the protection of health and safety.  Trade secret information is to be handled pursuant to Section 25538 of HSC.
(xx) "Typical meteorological conditions" means the temperature, wind speed, cloud cover, and atmospheric stability class, prevailing at the site based on data gathered at or near the site or from a local meteorological station.
(yy) "Vessel" means any reactor, tank, drum, barrel, cylinder, vat, kettle, boiler, pipe, hose, or other container.
(zz) "Worst-case release" means the release of the largest quantity of a regulated substance from a vessel or process line failure that results in the greatest distance to an endpoint defined in Section 2750.2(a) of this chapter.
 

  Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code. Reference: Sections 25501 and 25532, Health and Safety Code; and Section 68.3, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2735.4. Applicability.
 (a) The requirements of this chapter apply to an owner or operator of a stationary source with more than a threshold quantity of a regulated substance in a process.  Regulated substances are listed in three separate tables in Section 2770.5 of this chapter.  An owner or operator of a stationary source shall comply with one of the following:
(1) If a stationary source has a process with more than a threshold quantity of a regulated substance as listed in Table 1 or 2 of Section 2770.5, the owner or operator shall comply with the provisions of this chapter pursuant to the time frames identified in Section 2745.1(b);
(2) If a stationary source has a process with more than a threshold quantity of a regulated substance as listed in Table 3 of Section 2770.5, and the AA makes a determination pursuant to Section 25534 of HSC that an RMP is required, the owner or operator shall comply with the appropriate provisions of this chapter pursuant to the time frame identified in Section 2745.1(d) or (e); or,
(3) If a stationary source has a process with more than a threshold quantity of a regulated substance as listed in Tables 1 or 2 and Table 3 of Section 2770.5, the owner or operator shall comply with the provision of this chapter pursuant to the time frames identified in Section 2745.1(b).
(b) The CalARP program defines three program levels with different levels of requirements depending upon the complexity, accident history, and potential impact of releases of regulated substances.
(c) Program 1 eligibility requirements.  A covered process is eligible for Program 1 requirements as provided in Section 2735.5(d) if it meets all of the following requirements:

(1) For the five years prior to the submission of an RMP, the process has not had an accidental release of a regulated substance where exposure to the substance, its reaction products, overpressure generated by an explosion involving the substance, or radiant heat generated by a fire involving the substance has led to any of the following offsite consequences:
(A) Death;
(B) Injury; or,
(C) Response or restoration activities for an exposure of an environmental receptor;
(2) The distance to a toxic or flammable endpoint for a worst-case release assessment conducted under Article 4 of Section 2750.3 is less than the distance to any public receptor, as defined in Section 2735.3 (nn) and Section 2750.5; and,
(3) Emergency response procedures have been coordinated between the stationary source and local emergency planning and response organizations.
(d) Program 2 eligibility requirements.  A covered process is subject to Program 2 requirements if it does not meet the eligibility requirements of either section (c) or (e).
(e) Program 3 eligibility requirements.  A covered process is subject to Program 3 if the process does not meet the requirements of section (c), and if any of the following conditions apply:
(1) The process is in NAICS code 32211, 32411, 32511, 325181, 325188, 325192, 325199, 325211, 325311, or 32532.
(2) The process is subject to the federal or state OSHA process safety management standards of Section 1910.119 of Title 29 of CFR or Section 5189 of Title 8 of CCR.
(3) The AA determines that the accident risk posed by the regulated substance in a process above the threshold quantity as listed in Table 3 of Section 2770.5, because of the nature and quantity of the regulated substance involved, requires the additional safety measures afforded by Program 3 requirements, pursuant to section 25534 of HSC.
(f) If at any time a covered process no longer meets the eligibility criteria of its Program level, the owner or operator shall comply with the requirements of the new Program level that applies to the process and update the RMP as provided in Section 2745.10.
(g) The provisions of this chapter shall not apply to an Outer Continental Shelf ( "OCS") source, as defined in Section 55.2 of Title 40 of CFR.
 

  Note: Authority cited: Sections 25531, 25534.05, Health and Safety Code. Reference: Sections 25534, 25535 (d) and 25536, Health and Safety Code; and Section 68.10, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2735.5. General Requirements.
 (a) Coordination.  The owner or operator of a stationary source shall closely coordinate with the AA to implement the requirements of this chapter and to determine the appropriate level of documentation required for an RMP to comply with Sections 2745.3 through 2745.9 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 AA 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 2735.4, shall submit an RMP which includes all requirements described in Section 2745.3 through Section 2745.9.
(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 AAs, in consultation with OES.  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 2770.5 must also be recognized by USEPA.  OES 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 2735.4(c) shall:
(1) Analyze the worst-case release scenario for the process(es), as provided in Section 2750.3; document that the nearest public receptor is beyond the distance to a toxic or flammable endpoint defined in Section 2750.2(a); and submit in the RMP the worst-case release scenario as provided in Section 2745.4;
(2) Complete the five-year accident history for the process as provided in Section 2750.9 of this chapter and submit it in the RMP as provided in Section 2745.5;
(3) Ensure that response actions have been coordinated with local emergency planning and response agencies; and,
(4) Certify in the RMP the following: "Based on the criteria in Section 2735.4 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 2735.4 (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 2735.4(d), shall:
(1) Develop and implement a management system as provided in Section 2735.6;
(2) Conduct a hazard assessment as provided in Sections 2750.1 through 2750.9;
(3) Implement the Program 2 prevention steps provided in Sections 2755.1 through 2755.7 or implement the Program 3 prevention steps provided Sections 2760.1 through 2760.12;
(4) Develop and implement an emergency response program as provided in Sections 2765.1 to 2765.2; and

(5) Submit as part of the RMP the data on prevention program elements for Program 2 processes as provided in Section 2745.6.
(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 2735.4(e) shall:
(1) Develop and implement a management system as provided in Section 2735.6;
(2) Conduct a hazard assessment as provided in Sections 2750.1 through 2750.9;
(3) Implement the prevention requirements of Sections 2760.1 through 2760.12;
(4) Develop and implement an emergency response program as provided in Sections 2765.1 to 2765.2; and,
(5) Submit as part of the RMP the data on prevention program elements for Program 3 processes as provided in Section 2745.7.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code. Reference: Sections 25533, 25534, 25534.05 and 25538, Health and Safety Code; and Section 68.12, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2735.6. CalARP Program Management System.
 (a) The owner or operator of a stationary source with processes subject to Program 2 or Program 3 shall develop a management system to oversee the implementation of the risk management program elements.
(b) The owner or operator shall assign a qualified person or position that has the overall responsibility for the development, implementation, and integration of the risk management program elements.
(c) When responsibility for implementing individual requirements of this chapter is assigned to persons other than the person identified under section (b), the names or positions of these people shall be documented and the lines of authority defined through an organization chart or similar document.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code. Reference: Sections 25534.1, 25535.1, 25535 and 25536, Health and Safety Code; and Section 68.15, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2735.7. Emergency Information Access
Upon request of a state or local emergency response agency the AA shall provide immediate access to all components of the CalARP program.  If any of the components of the CalARP Program are designated as "trade secret" as defined in Section 6254.7(d) of the Government Code and Section 1060 of the Evidence Code, the emergency response agency or agencies shall be given notice that the information released shall be used only in connection with the official duties of the agency or agencies and shall not otherwise be released.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code. Reference: Sections 25538(c) and 25539, Health and Safety Code. 
  
 






s 2740.1. Registration.
 (a) If an RMP is required under Section 2735.4(a)(1) and (a)(3), the owner or operator of the stationary source shall complete the registration information required in (d) of this section and submit it with the RMP to USEPA, with a copy provided to the AA.
(b) If an RMP is required under Section 2735.4(a)(2), the owner or operator of the stationary source shall complete the registration information required in (d) of this section and submit it with the RMP to the AA.
(c) The AA may request a registration from a stationary source covered by this chapter prior to submittal of the RMP.  Registration submitted prior to an RMP submittal shall include a certification of accuracy.
(d) The registration shall include the following data:
(1) Stationary source name, street, city, county, state, zip code, latitude, and longitude, method for obtaining latitude and longitude, and description of location that latitude and longitude represent;
(2) The stationary source Dun and Bradstreet number;
(3) Name and Dun and Bradstreet number of the corporate parent company;
(4) The name, telephone number, and mailing address of the owner or operator;
(5) The name and title of the person or position with overall responsibility for RMP elements and implementation, and (optional) the e-mail address for that person or position;

(6) The name, title, telephone number, and 24-hour telephone number, and, as of June 21, 2004, the e-mail address (if an e-mail address exists) of the emergency contact;
(7) For each covered process, the name and CAS number of each regulated substance held above the threshold quantity in the process, the maximum quantity of each regulated substance or mixture in the process (in pounds) to two significant digits, the five- or six-digit NAICS code that most closely corresponds to the process, and the Program level of the process;
(8) The stationary source USEPA identifier;
(9) The number of full-time employees at the stationary source;
(10) Whether the stationary source is subject to Section 5189 of Title 8 of CCR;
(11) Whether the stationary source is subject to Part 355 of Title 40 of CFR;
(12) If the stationary source has a CAA Title V operating permit, the permit number;
(13) The date of the last safety inspection of the stationary source by a federal, state, or local government agency and the identity of the inspecting entity.
(14) As of June 21, 2004, the name, the mailing address, and the telephone number of the contractor who prepared the RMP (if any);
(15) Source or Parent Company E-Mail Address (Optional);
(16) Source Homepage address (Optional);
(17) Phone number at the source for public inquires (Optional);
(18) Local Emergency Planning Committee (Optional);
(19) OSHA Voluntary Protection Program status (Optional); and,
(20) As of June 21, 2004, the type of and reason for any changes being made to a previously submitted RMP; the types of changes to RMP are categorized as follows:
(A) Updates and re-submissions required under Section 2745.10(a) or (b);
(B) Corrections under Section 2745.10.5 or for purposes of correcting minor clerical errors, updating administrative information, providing missing data elements or reflecting facility ownership changes, and which do not require an update and resubmission as specified in Section 2745.10(a) or (b);
(C) De-registrations required under Section 2745.10(c) or (d); and,
(D) Withdrawals of an RMP for any facility that was erroneously considered subject to the CalARP Program.
 

  Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code. Reference: Sections 25531, 25534.05(a)(1) and 25533(b), Health and Safety Code; and Section 68.160, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2740.2. (Reserved).

 
 






s 2745.1. Submission.
 (a) The owner or operator of a stationary source, which handles more than a threshold quantity of a regulated substance in a process, shall determine the applicability of this chapter as set forth in Section 2735.4(a) and shall submit a single RMP to the AA.  The RMP shall include the information required by Sections 2745.3 through 2745.9.
(b) The RMP information required by USEPA shall be submitted to USEPA no later than the latest of the following dates:

(1) June 21, 1999;
(2) Three years after the date on which a regulated substance is first listed under Section 68.130, Part 68, Title 40 of CFR; or,
(3) The date on which a regulated substance is first present in a process, above the threshold quantity, as listed on Section 2770.5 Table 1 or 2.
(c) The owner or operator of a stationary source shall submit a copy of USEPA required RMP information according to the time frame set forth in (b) of this section to the AA.
(d) If a determination is made pursuant to section 2735.4 (a)(2) that an existing stationary source must comply with this chapter, the owner or operator shall submit an RMP to the AA after the owner or operator has received a notice from the AA requesting submission of an RMP.  The AA shall, in consultation with the owner or operator of a stationary source, establish an RMP submittal date.  The AA shall not require submission of the RMP earlier than 12 months or later than 3 years after the notice has been issued to the owner or operator.
(e) If a determination is made pursuant to section 2735.4(a)(2) that a new or modified stationary source must comply with this chapter, the owner or operator shall submit an RMP to the AA prior to the date in which a regulated substance is first present in a process above the listed threshold quantity.
(f) This chapter does not require the owner or operator to submit external event analysis or supplemental information, required by the AA, to USEPA unless that information is required by federal law.
(g) If a pesticide, as defined in Section 12753 of the Food and Agricultural Code, is used on a farm or nursery and is determined by the AA to pose a regulated substances accident risk; the AA shall first consult with the county agricultural commissioner or the Department of Food and Agriculture to evaluate whether the existing RMP is adequate in relation to the regulated substances accident risk.  This paragraph does not prohibit, or limit the authority of an AA to conduct its duties.
(h) The owner or operator of any stationary source for which an RMP was submitted before June 21, 2004, shall revise the RMP to include information required by Section 2740.1(d)(6) and (d)(14), by June 21, 2004 in the manner specified by USEPA prior to that date. Any such submission shall also include the information required by Section 2740.1(d)(20) (indicating that the submission is a correction to include the information required by Section 2740.1(d)(6) and (d)(14) or an update under Section 2745.10). RMP revisions shall be consistent with Section 2735.5(a).
(i) RMPs submitted under this Section shall be updated and corrected in accordance with Section 2745.10 and Section 2745.10.5.
(j) Notwithstanding the provisions of Sections 2745.3 through 2745.9 the RMP shall exclude classified information.  Subject to appropriate procedures to protect such information from public disclosure, classified data or information excluded from the RMP may be made available in a classified annex to the RMP for review by federal and state representatives who have received the appropriate security clearances required for the classified data or information being reviewed.
(k) Upon request, the AA shall submit to OES copies of the RMP and the federal registration.
 

  Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code. Reference: Sections 25533, 25534, 25535.1 and 25536, Health and Safety Code; and Section 68.150, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2745.2. RMP Review Process.
 (a) The RMP review process shall include:
(1) 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 AA.  Completeness shall be determined in accordance with Sections 2745.3 through 2745.9. The stationary source shall work closely with the AA to determine that the RMP contains an appropriate level of detail.

(2) Initial public notice.  The AA shall publish 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.
(3) Deficiency notice.  The AA shall review the RMP to determine if all the elements pursuant to Sections 2745.3 through 2745.9 are contained in the document and provide a written notice to the owner or operator of a stationary source of any deficiencies.  The AA may authorize the air pollution control district (APCD) or air quality management district (AQMD) to conduct a technical review of the RMP.
(A) 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 AA.  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.

(B) If no deficiencies are identified, the AA shall accept the RMP as complete and submit the RMP for formal public review.
(4) Formal public review.  Within 15 calendar days after the AA determines that the RMP is complete, the AA shall make the RMP available to the public for review and comment by publishing a notice in a local newspaper of general circulation.  The notice shall describe the RMP and state a location where it may be reviewed.  The AA 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 AA shall review all public comments.
(5) Evaluation review.  The evaluation review shall be conducted by the AA at the end of the formal public review period.  The AA shall take the public comments into consideration during the evaluation review.  The AA 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 AA.  The evaluation review may include inspections and onsite document review of records and data which may not be in the possession of the AA.

(6) The evaluation review shall be completed by the AA as follows:
(A) For an RMP which includes only Program 1 or Program 2 processes, the evaluation review shall be completed within 36 months.
(B) For an RMP which includes a Program 3 process, the evaluation review shall be completed within 24 months.
(C) The evaluation review does not include time for corrections of deficiencies pursuant to section (3)(A).
(7) Inspection or audit authority.  Nothing in this section shall preclude the authority of an AA to inspect or audit a stationary source.
(8) Public access. 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.
 

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






s 2745.3. RMP Executive Summary Component.
The owner or operator shall provide in the RMP an executive summary that includes a brief description of the following elements:
(a) The accidental release prevention and emergency response policies at the stationary source;
(b) The stationary source and regulated substances handled;
(c) The general accidental release prevention program and chemical-specific prevention steps;
(d) The five-year accident history;
(e) The emergency response program; and,
(f) Planned changes to improve safety.
 

  Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.155, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2745.4. RMP Offsite Consequence Analysis Component.
 (a) The owner or operator shall submit the following information in the RMP:
(1) Program 1 processes:  One worst-case release scenario for each Program 1 process; and,
(2) Program 2 and 3 processes:  One worst-case release scenario to represent all regulated toxic substances held above the threshold quantity and one worst-case release scenario to represent all regulated flammable substances held above the threshold quantity.
(A) If additional worst-case scenarios for toxics or flammables are required by Section 2750.3(a)(2)(C), the owner or operator shall submit the same information on the additional scenario(s).
(B) The owner or operator shall also submit information on one alternative release scenario for each regulated toxic substance held above the threshold quantity and one alternative release scenario to represent all regulated flammable substances held above the threshold quantity.
(b) The owner or operator shall submit the following data:
(1) Chemical name;
(2) Percentage weight of the chemical in a liquid mixture (toxics only);
(3) Physical state (toxics only);
(4) Basis of results (give model name if used);

(5) Scenario (explosion, fire, toxic gas release, or liquid spill and vaporization);
(6) Quantity released in pounds;
(7) Release rate;
(8) Release duration;
(9) Wind speed and atmospheric stability class (toxics only);
(10) Topography (toxics only);
(11) Distance to endpoint;
(12) Public and environmental receptors within the distance;
(13) Passive mitigation considered; and,
(14) Active mitigation considered (alternative releases only).
 

  Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code.  Reference: Sections 25531.1 and 25534.05, Health and Safety Code; and Section 68.165, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2745.5. RMP Five-year Accident History Component.
The owner or operator shall submit as part of the RMP the information required by Section 2750.9(b) on each accident covered by Section 2750.9(a).
 

  Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25543.1, Health and Safety Code; and Section 68.168, Part 68, Title 40, Code of Federal Regulations. 
  


 






s 2745.6. RMP Program 2 Prevention Program Component.
 (a) For each Program 2 process, the owner or operator shall provide in the RMP the information indicated in sections (b) through (l).  If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.
(b) The five- or six-digit NAICS code that most closely corresponds to the process.
(c) The name(s) of the chemical(s) covered.
(d) The date of the most recent review or revision of the safety information and a list of federal or state regulations or industry-specific design codes and standards used to demonstrate compliance with the safety information requirement.
(e) The date of completion of the most recent hazard review or update.
(1) The expected date of completion of any changes resulting from the hazard review;
(2) Major hazards identified;
(3) Process controls in use;
(4) Mitigation systems in use;
(5) Monitoring and detection systems in use; and,

(6) Changes since the last hazard review.
(f) The date of the most recent review or revision of operating procedures.
(g) The date of the most recent review or revision of training programs;
(1) The type of training provided - classroom, classroom plus on the job, on the job; and,
(2) The type of competency testing used.
(h) The date of the most recent review or revision of maintenance procedures and the date of the most recent equipment inspection or test and the equipment inspected or tested.
(i) The date of the most recent compliance audit and the expected date of completion of any changes resulting from the compliance audit.
(j) The date of the most recent incident investigation and the expected date of completion of any changes resulting from the investigation.
(k) The date of the most recent change that triggered a review or revision of safety information, the hazard review, operating or maintenance procedures, or training.
(l) The owner or operator shall submit the following external events analysis information:
(1) The types of natural and human caused external events considered in PHA Section 2760.2 or Hazard Review Section 2755.2.
(2) The estimated magnitude or scope of external events which were considered.  If not known, the owner or operator of the stationary source shall work closely with the AA to determine what is required.  If seismic events are applicable, the parameters used in the consideration of the seismic analysis and which edition of the Uniform Building Code was used when the process was designed.
(3) For each external event, with a potential to create a release of a regulated substance that will reach an endpoint offsite, apply sections (e)(1) through (e)(6).
(4) The date of the most recent field verification that equipment is installed and maintained as designed.
 

  Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.170, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2745.7. RMP Program 3 Prevention Program Component.
 (a) For each Program 3 process, the owner or operator shall provide the information indicated in sections (b) through (q).  If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.
(b) The five- or six-digit NAICS code that most closely corresponds to the process.
(c) The name(s) of the substance(s) covered.
(d) The date on which the safety information was last reviewed or revised.
(e) The date of completion of the most recent PHA or update and the technique used.
(1) The expected date of completion of any changes resulting from the PHA;
(2) Major hazards identified;
(3) Process controls in use;
(4) Mitigation systems in use;
(5) Monitoring and detection systems in use; and,
(6) Changes since the last PHA.
(f) The date of the most recent review or revision of operating procedures.
(g) The date of the most recent review or revision of training programs.
(1) The type of training provided--classroom, classroom plus on the job, on the job; and,
(2) The type of competency testing used.
(h) The date of the most recent review or revision of maintenance procedures and the date of the most recent equipment inspection or test and the equipment inspected or tested.
(i) The date of the most recent change that triggered management of change procedures and the date of the most recent review or revision of management of change procedures.
(j) The date of the most recent pre-startup review.
(k) The date of the most recent compliance audit and the expected date of completion of any changes resulting from the compliance audit.
(l) The date of the most recent incident investigation and the expected date of completion of any changes resulting from the investigation.
(m) The date of the most recent review or revision of employee participation plans.
(n) The date of the most recent review or revision of hot work permit procedures.
(o) The date of the most recent review or revision of contractor safety procedures.
(p) The date of the most recent evaluation of contractor safety performance.
(q) The owner or operator shall submit the following external events analysis information:
(1) The types of natural and human caused external events considered in PHA Section 2760.2;
(2) The magnitude or scope of external events which were considered.  If not known, the owner or operator of the stationary source shall work closely with the AA to determine what is required.  If seismic events are applicable, the parameters used in the consideration of the seismic analysis and which edition of the Uniform Building Code was used when the process was designed;
(3) For each external event, with a potential to create a release of a regulated substance that will reach an endpoint offsite, apply Sections (e)(1) through (e)(6); and,
(4) The date of the most recent field verification that equipment is installed and maintained as designed.
 

  Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.175, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2745.8. RMP Emergency Response Program Component.
 (a) The owner or operator shall provide in the RMP the following information:
(1) Do you have a written emergency response plan?
(2) Does the plan include specific actions to be taken in response to an accidental release of a regulated substance?
(3) Does the plan include procedures for informing the public and local agencies responsible for responding to accidental releases?
(4) Does the plan include information on emergency health care?
(5) The date of the most recent review or update of the emergency response plan.
(6) The date of the most recent emergency response training for employees.
(b) The owner or operator shall provide the name and telephone number of the primary local emergency response agency with which the plan is coordinated.
(c) The owner or operator shall list other federal or state emergency plan requirements to which the stationary source is subject.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.180, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2745.9. RMP Certification.
 (a) For Program 1 processes, the owner or operator shall submit in the RMP the certification statement provided in Section 2735.5(d)(4).
(b) For all other covered processes, the owner or operator shall submit in the RMP a single certification that, to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, the information submitted is true, accurate, and complete.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.185, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2745.10. RMP Updates.
 (a) The owner or operator of a stationary source which has a regulated substance listed in Table 1 or Table 2 in Section 2770.5 in quantities greater than the corresponding thresholds listed in Table 1 or 2 shall review and update the RMP and submit it in a method and format to a central point specified by USEPA and to the AA as of the date of submission.  The owner or operator of a stationary source shall revise and update the RMP submitted under Section 2745.1 as follows:

(1) At least once every five years from the date of its initial submission or most recent update required by sections (a)(2) through (a)(7), whichever is later. For purposes of determining the date of initial submissions, RMPs submitted before June 21, 1999 are considered to have been submitted on June 21, 1999;
(2) No later than three years after a newly regulated substance is first listed by USEPA;
(3) No later than the date on which a new regulated substance is first present in an already covered process above a threshold quantity;
(4) No later than the date on which a regulated substance is first present above a threshold quantity in a new process;
(5) Within six months of a change that requires a revised PHA or hazard review;
(6) Within six months of a change that requires a revised offsite consequence analysis as provided in section 2750.7; and,
(7) Within six months of a change that alters the Program level that applied to any covered process.
(b) The owner or operator of a stationary source which has regulated substances in a process listed in Section 2770.5 in quantities greater than Table 3 thresholds and less than thresholds in Tables 1 or 2 shall revise and update the RMP submitted under Section 2745.1.  The updated RMP shall be submitted to the AA as follows:
(1) At least once every five years from the date of its initial submission or most recent update required by sections (b)(2) through (b)(7),
(2) No later than three years after a newly regulated substance is first listed by OES;
(3) No later than the date on which a new regulated substance is first present in an already covered process above a threshold quantity;
(4) No later than the date on which a regulated substance is first present above a threshold quantity in a new process;
(5) Within six months of a change that requires a revised PHA or hazard review;

(6) Within six months of a change that requires a revised offsite consequence analysis as provided in Section 2750.7; and,
(7) Within six months of a change that alters the Program level that applied to any covered process.
(c) If a stationary source is no longer subject to the applicability requirements of Section 2735.4(a)(1), the owner or operator shall submit a de-registration pursuant to Section 2740.1(a) to USEPA within six months indicating that the stationary source is no longer covered.  A copy of the de-registration shall also be submitted to the AA.
(d) If a stationary source is no longer subject to the applicability requirements of Section 2735.4(a)(2) the owner or operator shall submit a de-registration pursuant to Section 2740.1(b) to the AA within six months indicating that the stationary source is no longer covered.
(e) Revised RMPs shall be subject to the public review process outlined in Section 2745.2.
(f) Within 30 days of a change in the owner or operator, the new owner or operator shall contact the AA to update registration information.  The new owner or operator shall determine if RMP changes are necessary.
 

  Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.190, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2745.10.5. Required RMP Corrections.
 (a) The owner or operator of a stationary source for which a RMP was submitted shall correct the RMP as follows:
(1) New accident history information - For any accidental release meeting the five-year accident history reporting criteria of Section 2750.9, the owner or operator shall submit the data required under Sections 2745.5, 2745.6(j), and 2745.7(l) with respect to that accident within six months of the release or by the time the RMP is updated under Section 2745.10, whichever is earlier.

(2) Emergency Contact information - Beginning June 21, 2004, within one month of any change in the emergency contact information required under Section 2740.1(d)(6), the owner or operator shall submit a correction of that information.
 

  Note: Authority cited: Sections 25531, 25533 and 25534.05, Health and Safety Code. Reference: Section 25531, Health and Safety Code; and Section 68.195, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2745.11. Covered Process Modification.
 (a) When an owner or operator intends to make a modification to a stationary source relating to a covered process and the modification may result in a significant increase in either: the amount of regulated substances handled at the stationary source as compared to the amount of regulated substances identified in the stationary source's RMP, or the risk of handling a regulated substance as compared to the amount of risk identified in the stationary source's RMP, then the owner or operator shall do all of the following:

(1) Where reasonably possible, notify the AA in writing of the owner or operator's intent to modify the stationary source at least five calendar days before implementing any modifications.  As part of the notification process, the owner or operator shall consult with the AA when determining whether the RMP should be reviewed and revised.  Where prenotification is not reasonably possible, the owner or operator shall provide written notice to the AA no later than 48 hours following the modification.
(2) Establish procedures to manage the proposed modification, which shall be substantially similar to the procedures specified in Sections 2760.6 and 2760.7 , and notify the AA that the procedures have been established.
(b) The owner or operator of the stationary source shall revise the appropriate documents, as required pursuant to section (a), expeditiously, but not later than 60 days from the date of the stationary source modification.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference:  Section 25543.2, Health and Safety Code. 
  
 






s 2745.12. Certificate of Occupancy.
New or modified stationary sources shall comply with Section 65850.2(b) of the Government Code prior to the issuance of a certificate of occupancy.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25534.2, Health and Safety Code. 
  
 






s 2750.1. Hazard Assessment Applicability.
The owner or operator of a stationary source subject to this chapter with a Program 1 process shall prepare a worst-case release scenario analysis as provided in Section 2750.3 and complete the five-year accident history as provided in Section 2750.9.  The owner or operator of a Program 2 or 3 process shall comply with all sections in this article for these processes.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.20, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2750.2. Offsite Consequence Analysis Parameters.
 (a) Endpoints.  The following endpoints shall be used for analyses of offsite consequences:
(1) Toxic endpoints for Table 1 regulated substances (Section 2770.5), are provided in Appendix A of this chapter.
(2) Use the toxic endpoints in Appendix A for regulated substances listed on both Table 1 and Table 3 (Section 2770.5).

(3) Toxic endpoints for regulated substances listed only on Table 3 (Section 2770.5), shall be provided by OES as developed in consultation with the CalEPA, Office of Health Hazard Assessment.
(4) Flammables.  For Table 2 regulated flammable substances (Section 2770.5), flammable endpoints vary according to the scenarios studied, based upon the following:
(A) Explosion.  An overpressure of 1 psi.
(B) Radiant heat/exposure time.  A radiant heat of 5 kw/m [FN2]  for 40 seconds.
(C) Lower flammability limit.  A lower flammability limit as provided in NFPA documents or other generally recognized sources.
(b) Wind speed/atmospheric stability class.  For the worst-case release analysis, the owner or operator shall use a wind speed of 1.5 meters per second and F atmospheric stability class.  If the owner or operator can demonstrate that local meteorological data applicable to the stationary source show a higher minimum wind speed or less stable atmosphere at all times during the previous three years, these minimums may be used.  For analysis of alternative scenarios, the owner or operator may use the typical meteorological conditions for the stationary source.
(c) Ambient temperature/humidity.  For worst-case release analysis of a regulated toxic substance, the owner or operator shall use the highest daily maximum temperature in the previous three years and average humidity for the site, based on temperature/humidity data gathered at the stationary source or at a local meteorological station; an owner or operator using the RMP Offsite Consequence Analysis Guidance may use 25 degrees centigrade and 50 percent humidity as values for these variables.  For analysis of alternative scenarios, the owner or operator may use typical temperature/humidity data gathered at the stationary source or at a local meteorological station.
(d) Height of release.  The worst-case release of a regulated toxic substance shall be analyzed assuming a ground level (0 feet) release.  For an alternative scenario analysis of a regulated toxic substance, release height may be determined by the release scenario.
(e) Surface roughness.  The owner or operator shall use either urban or rural topography, as appropriate.  Urban means that there are many obstacles in the immediate area; obstacles include buildings or trees.  Rural means there are no buildings in the immediate area and the terrain is generally flat and unobstructed.
(f) Dense or neutrally buoyant gases.  The owner or operator shall ensure that tables or models used for dispersion analysis of regulated toxic substances appropriately account for gas density.
(g) Temperature of released substance.  For worst case, liquids other than gases liquefied by refrigeration only shall be considered to be released at the highest daily maximum temperature, based on data for the previous three years appropriate for the stationary source, or at process temperature, whichever is higher.  For alternative scenarios, substances may be considered to be released at a process or ambient temperature that is appropriate for the scenario.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.22, Part 68, Title 40, Code of Federal Regulations. 
  


 






s 2750.3. Worst-Case Release Scenario Analysis.
 (a) The owner or operator shall analyze and report in the RMP:
(1) For Program 1 processes, one worst-case release scenario including an offsite consequence analysis, for each Program 1 process using the offsite consequence analysis parameters in Section 2750.2;
(2) For Program 2 and 3 processes:

(A) One worst-case release scenario that is estimated to create the greatest distance in any direction to an endpoint as defined in Section 2750.2(a) resulting from an accidental release of regulated toxic substances from covered processes under worst-case conditions defined in Section 2750.2 (b) through (g);
(B) One worst-case release scenario that is estimated to create the greatest distance in any direction to an endpoint defined in Section 2750.2(a) resulting from an accidental release of regulated flammable substances from covered processes under worst-case conditions defined in Section 2750.2; and,
(C) Additional worst-case release scenarios for a hazard class if a worst-case release from another covered process at the stationary source potentially affects public receptors different from those potentially affected by the worst-case release scenario developed under sections (a)(2)(A) or (a)(2)(B).
(b) Determination of worst-case release quantity.  The worst-case release quantity shall be the greater of the following:
(1) For substances in a vessel, the greatest amount held in a single vessel, taking into account administrative controls that limit the maximum quantity; or

(2) For substances in pipes, the greatest amount in a pipe, taking into account administrative controls that limit the maximum quantity.
(c) Worst-case release scenario -toxic gases.
(1) For regulated toxic substances that are normally gases at ambient temperature and handled as a gas or as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under section (b), is released as a gas over 10 minutes.  The release rate shall be assumed to be the total quantity divided by 10 unless passive mitigation systems are in place.
(2) For regulated toxic gases handled as refrigerated liquids at ambient pressure:
(A) If the released substance is not contained by passive mitigation systems or if the contained pool would have a depth of 1 centimeter or less, the owner or operator shall assume that the substance is released as a gas in 10 minutes;
(B) If the released substance is contained by passive mitigation systems in a pool with a depth greater than 1 centimeter, the owner or operator may assume that the quantity in the vessel or pipe, as determined under section (b), is spilled instantaneously to form a liquid pool.  The volatilization rate (release rate) shall be calculated at the boiling point of the substance and at the conditions specified in section (d).
(d) Worst-case release scenario -toxic liquids.
(1) For regulated toxic substances that are normally liquids at ambient temperature, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under section (b), is spilled instantaneously to form a liquid pool.
(A) The surface area of the pool shall be determined by assuming that the liquid spreads to 1 centimeter deep unless passive mitigation systems are in place that serve to contain the spill and limit the surface area.  Where passive mitigation is in place, the surface area of the contained liquid shall be used to calculate the volatilization rate.
(B) If the release would occur onto a surface that is not paved or smooth, the owner or operator may take into account the actual surface characteristics.

(2) The volatilization rate shall account for the highest daily maximum temperature occurring in the past three years, the temperature of the substance in the vessel, and the concentration of the substance if the liquid spilled is a mixture or solution.
(3) The rate of release to air shall be determined from the volatilization rate of the liquid pool.  The owner or operator may use the methodology in the RMP Offsite Consequence Analysis Guidance or any other publicly available techniques that account for the modeling conditions and are recognized by industry as applicable as part of current practices.  Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the implementing agency access to the model and describes model features and differences from publicly available models to local emergency planners upon request.
(e) Worst-case release scenario--flammable gases.  The owner or operator shall assume that the quantity of the substance, as determined under section (b) and the provisions below, vaporizes resulting in a vapor cloud explosion.  A yield factor of 10 percent of the available energy released in the explosion shall be used to determine the distance to the explosion endpoint if the model used is based on TNT-equivalent methods.
(1) For regulated flammable substances that are normally gases at ambient temperature and handled as a gas or as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under section (b), is released as a gas over 10 minutes. The total quantity shall be assumed to be involved in the vapor cloud explosion.
(2) For flammable gases handled as refrigerated liquids at ambient pressure:
(A) If the released substance is not contained by passive mitigation systems or if the contained pool would have a depth of one centimeter or less, the owner or operator shall assume that the total quantity of the substance is released as a gas in 10 minutes, and the total quantity will be involved in the vapor cloud explosion.
(B) If the released substance is contained by passive mitigation systems in a pool with a depth greater than 1 centimeter, the owner or operator may assume that the quantity in the vessel or pipe, as determined under section (b), is spilled instantaneously to form a liquid pool. The volatilization rate (release rate) shall be calculated at the boiling point of the substance and at the conditions specified in section (d). The owner or operator shall assume that the quantity which becomes vapor in the first 10 minutes is involved in the vapor cloud explosion.
(f) Worst-case release scenario - flammable liquids. The owner or operator shall assume that the quantity of the substance, as determined under section (b) and the provisions below, vaporizes resulting in a vapor cloud explosion. A yield factor of 10 percent of the available energy released in the explosion shall be used to determine the distance to the explosion endpoint if the model used is based on TNT equivalent methods.
(1) For regulated flammable substances that are normally liquids at ambient temperature, the owner or operator shall assume that the entire quantity in the vessel or pipe, as determined under section (b), is spilled instantaneously to form a liquid pool. For liquids at temperatures below their atmospheric boiling point, the volatilization rate shall be calculated at the conditions specified in section (d).
(2) The owner or operator shall assume that the quantity which becomes vapor in the first 10 minutes is involved in the vapor cloud explosion.
(g) Parameters to be applied.  The owner or operator shall use the parameters defined in Section 2750.2 to determine distance to the endpoints.  The owner or operator may use either the methodology provided in the RMP Offsite Consequence Analysis Guidance or any commercially or publicly available air dispersion modeling techniques, provided the techniques account for the specified modeling conditions and are recognized by industry as applicable as part of current practices.  Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the AA access to the model and describes model features and differences from publicly available models to local emergency planners upon request.
(h) Consideration of passive mitigation.  Passive mitigation systems may be considered for the analysis of worst case provided that the mitigation system is capable of withstanding the release event triggering the scenario and would still function as intended.
(i) Factors in selecting a worst-case scenario.  Notwithstanding the provisions of section (b), the owner or operator shall select as the worst case for flammable regulated substances or the worst case for regulated toxic substances, a scenario based on the following factors if such a scenario would result in a greater distance to an endpoint defined in Section 2750.2(a) beyond the stationary source boundary than the scenario provided under section (b):
(1) Smaller quantities handled at higher process temperature or pressure; and,
(2) Proximity to the boundary of the stationary source.
(j) Solids.  In performing an offsite consequence analysis for solids that are listed in Section 2770.5 Table 3, an owner or operator may use a USEPA, California Air Resources Board, or OES approved model which appropriately considers the dispersion and settling of particles. For the worst case scenario, the owner or operator shall assume a one-hour release and pursuant to Section 2750.2(b), use a wind speed of 1.5 meters per second and F atmospheric stability class.
 

  Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.25, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2750.4. Alternative Release Scenario Analysis.
 (a) The number of scenarios.  The owner or operator shall identify and analyze at least one alternative release scenario for each regulated toxic substance held in a covered process(es) and at least one alternative release scenario to represent all flammable substances held in covered processes.
(b) Scenarios to consider.
(1) For each scenario required under section (a), the owner or operator shall select a scenario:
(A) That is more likely to occur than the worst-case release scenario under Section 2750.3; and,
(B) That will reach an endpoint offsite, unless no such scenario exists.
(2) Release scenarios considered should include, but are not limited to, the following, where applicable:
(A) Transfer hose releases due to splits or sudden hose uncoupling;
(B) Process piping releases from failures at flanges, joints, welds, valves and valve seals, and drains or bleeds;
(C) Process vessel or pump releases due to cracks, seal failure, or drain, bleed, or plug failure;
(D) Vessel overfilling and spill, or over pressurization and venting through relief valves or rupture disks; and,

(E) Shipping container mishandling and breakage or puncturing leading to a spill.
(c) Parameters to be applied.  The owner or operator shall use the parameters defined in Section 2750.2 to determine distance to the endpoints.  The owner or operator may use either the methodology provided in the RMP Offsite Consequence Analysis Guidance or any commercially or publicly available air dispersion modeling techniques, provided the techniques account for the specified modeling conditions and are recognized by industry as applicable as part of current practices.  Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the AA access to the model and describes model features and differences from publicly available models to local emergency planners upon request.
(d) Consideration of mitigation.  Active and passive mitigation systems may be considered provided they are capable of withstanding the event that triggered the release and would still be functional.
(e) Factors in selecting scenarios.  The owner or operator shall consider the following in selecting alternative release scenarios:

(1) The five-year accident history provided in Section 2750.9; and,
(2) Failure scenarios identified under Section 2755.2 or 2760.2.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.28, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2750.5. Defining Offsite Impacts to the Population.
 (a) The owner or operator shall estimate in the RMP the population within a circle with its center at the point of the release and a radius determined by the distance to the endpoint defined in Section 2750.2(a).
(b) Population to be defined.  Population shall include residential population.  The presence of institutions (schools, hospitals, long term health care facilities, child day care facilities, prisons), parks and recreational areas, and major commercial, office, and industrial buildings shall be noted in the RMP.
(c) Data sources acceptable.  The owner or operator may use the most recent Census data, or other more accurate information if it is available, to estimate the population potentially affected.
(d) Level of accuracy.  Population shall be estimated to two significant digits.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Sections 25531 and 25534.1 Health and Safety Code; and Section 68.30, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2750.6. Defining Offsite Impacts to the Environment.
 (a) The owner or operator shall list in the RMP environmental receptors within a circle with its center at the point of the release and a radius determined by the distance to the endpoint defined in Section 2750.2(a).
(b) Data sources acceptable.  The owner or operator may rely on information provided on local United States Geological Survey (USGS) maps or on any data source containing USGS data to identify environmental receptors.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.33, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2750.7. Offsite Consequence Analysis Review and Update.
 (a) The owner or operator shall review and update the offsite consequence analyses at least once every five years.
(b) If changes in processes, quantities stored or handled, or any other aspect of the stationary source might reasonably be expected to increase or decrease the distance to the endpoint by a factor of two or more, the owner or operator shall complete a revised analysis within six months of the change and submit a revised RMP as provided in Section 2745.10.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.36, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2750.8. Offsite Consequence Analysis Documentation.
The owner or operator shall maintain the following records on the offsite consequence analyses:
(a) For worst-case scenarios, a description of the vessel or pipeline and substance selected as worst case, assumptions and parameters used, and the rationale for selection.  Assumptions shall include use of any administrative controls and any passive mitigation that were assumed to limit the quantity that could be released.  Documentation shall include the anticipated effect of the controls and mitigation on the release quantity and rate.
(b) For alternative release scenarios, a description of the scenarios identified, assumptions and parameters used, and the rationale for the selection of specific scenarios.  Assumptions shall include use of any administrative controls and any mitigation that were assumed to limit the quantity that could be released.  Documentation shall include the effect of the controls and mitigation on the release quantity and rate.
(c) Documentation of estimated quantity released, release rate, and duration of release.
(d) Methodology, including the model used to determine distance to endpoints.
(e) Data used to estimate population and environmental receptors potentially affected.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.39, Part 68, Title 40, Code of Federal Regulations. 
  


 






s 2750.9. Five-year Accident History.
 (a) The owner or operator shall include in the five-year accident history all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, sheltering in place, property damage, or environmental damage.
(b) Data required.  For each accidental release included, the owner or operator shall report the following information:

(1) Date, time, and approximate duration of the release;
(2) Regulated substance(s) released;
(3) Estimated quantity released in pounds and, for mixtures containing regulated toxic substances, percentage concentration by weight of the released regulated toxic substance in the liquid mixture;
(4) Five- or six-digit NAICS code that most closely corresponds to the process;
(5) The type of release event and its source;
(6) Weather conditions, if known;
(7) On-site impacts;
(8) Known offsite impacts;
(9) Initiating event and contributing factors if known;
(10) Whether offsite responders were notified if known; and,

(11) Operational or process changes that resulted from investigation of the release and that have been made by the time this information is submitted in accordance with Section 2745.5.
(c) Level of accuracy.  Numerical estimates shall be provided to two significant digits.
 

  Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.42, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2755.1. Safety Information.
 (a) The owner or operator shall compile and maintain the following up-to-date safety information related to the regulated substances, processes, and equipment:
(1) Material Safety Data Sheets that meet the requirements of Section 5189 of Title 8 of CCR;
(2) Maximum intended inventory of equipment in which the regulated substances are stored or processed;
(3) Safe upper and lower temperatures, pressures, flows, and compositions;
(4) Equipment specifications; and,
(5) Codes and standards used to design, build, and operate the process.
(b) The owner or operator shall ensure that the process is designed in compliance with recognized and generally accepted good engineering practices. Compliance with federal or state regulations that address industry-specific safe design or with industry-specific design codes and standards may be used to demonstrate compliance with this section.
(c) The owner or operator shall update the safety information if a major change occurs that makes the information inaccurate.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.48, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2755.2. Hazard Review.
 (a) The owner or operator shall conduct a review of the hazards associated with the regulated substances, processes, and procedures.  The review shall identify the following:
(1) The hazards associated with the process and regulated substances;
(2) Opportunities for equipment malfunctions or human errors that could cause an accidental release;

(3) The safeguards used or needed to control the hazards or prevent equipment malfunction or human error; and,
(4) Any steps used or needed to detect or monitor releases.
(b) The owner or operator of a stationary source shall consult with the AA to decide which hazard review methodology is best suited to determine and evaluate the hazards of the process being analyzed.
(c) The owner or operator may use checklists, if acceptable to the AA, developed by persons or organizations knowledgeable about the process and equipment as a guide to conducting the review.  For processes designed to meet industry standards or federal or state design rules, the hazard review shall, by inspecting all equipment, determine whether the process is designed, fabricated, and operated in accordance with the applicable standards or rules.
(d) The hazard review shall include the consideration of applicable external events, including seismic events.
(e) The owner or operator shall document the results of the hazard review and ensure that problems identified are resolved in a timely manner.
(f) The hazard review shall be updated at least once every five years.  The owner or operator shall also conduct reviews whenever a major change in the process occurs.  All issues identified in the hazard review shall be resolved before startup of the changed process.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.50, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2755.3. Operating Procedures.
 (a) The owner or operator shall prepare written operating procedures that provide clear instructions or steps for safely conducting activities associated with each covered process consistent with the safety information for that process.  Operating procedures or instructions provided by equipment manufacturers or developed by persons or organizations knowledgeable about the process and equipment may be used as a basis for a stationary source's operating procedures.
(b) The procedures shall address the following:
(1) Initial startup;
(2) Normal operations;
(3) Temporary operations;
(4) Emergency shutdown and operations;
(5) Normal shutdown;
(6) Startup following a normal or emergency shutdown or a major change that requires a hazard review;
(7) Consequences of deviations and steps required to correct or avoid deviations; and,
(8) Equipment inspections.
(c) The owner or operator shall ensure that the operating procedures are updated, if necessary, whenever a major change occurs and prior to startup of the changed process.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.52, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2755.4. Training.
 (a) The owner or operator shall ensure that each employee presently operating a process, and each employee newly assigned to a covered process has been trained or tested competent in the operating procedures provided in Section 2755.3 that pertain to their duties.  For those employees already operating a process on June 21, 1999, the owner or operator may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as provided in the operating procedures.
(b) Refresher training.  Refresher training shall be provided at least every three years, and more often if necessary, to each employee operating a process to ensure that the employee understands and adheres to the current operating procedures of the process.  The owner or operator, in consultation with the employees operating the process, shall determine the appropriate frequency of refresher training.
(c) The owner or operator may use training conducted under federal or state regulations or under industry-specific standards or codes or training conducted by covered process equipment vendors to demonstrate compliance with this section to the extent that the training meets the requirements of this section.
(d) The owner or operator shall ensure that operators are trained in any updated or new procedures prior to startup of a process after a major change.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.54, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2755.5. Maintenance.
 (a) The owner or operator shall prepare and implement procedures to maintain the on-going mechanical integrity of the process equipment.  The owner or operator may use procedures or instructions provided by covered process equipment vendors or procedures in federal or state regulations or industry codes as the basis for stationary source maintenance procedures.
(b) The owner or operator shall train or cause to be trained each employee involved in maintaining the on-going mechanical integrity of the process.  To ensure that the employee can perform the job tasks in a safe manner, each such employee shall be trained in the hazards of the process, in how to avoid or correct unsafe conditions, and in the procedures applicable to the employee's job tasks.
(c) Any maintenance contractor shall ensure that each contract maintenance employee is trained to perform the maintenance procedures developed under section (a).
(d) The owner or operator shall perform or cause to be performed inspections and tests on process equipment.  Inspection and testing procedures shall follow recognized and generally accepted good engineering practices.  The frequency of inspections and tests of process equipment shall be consistent with applicable manufacturers' recommendations, industry standards or codes, good engineering practices, and prior operating experience.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.56, Part 68, Title 40, Code of Federal Regulations. 
  


 






s 2755.6. Compliance Audits.
 (a) The owner or operator shall certify that they have evaluated compliance with the provisions of this article at least every three years to verify that the procedures and practices developed under this chapter are adequate and are being followed.
(b) The compliance audit shall be conducted by at least one person knowledgeable in the process.
(c) The owner or operator shall develop a report of the audit findings.
(d) The owner or operator shall promptly determine and document an appropriate response to each of the findings of the compliance audit and document that deficiencies have been corrected.
(e) The owner or operator shall retain the two most recent compliance audit reports.  This requirement does not apply to any compliance audit report that is more than five years old.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.58, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2755.7. Incident Investigation.
 (a) The owner or operator shall investigate each incident which resulted in, or could reasonably have resulted in, a catastrophic release.
(b) An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the incident.
(c) A summary shall be prepared at the conclusion of the investigation which includes at a minimum:

(1) Date of incident;
(2) Date investigation began;
(3) A description of the incident;
(4) The factors that contributed to the incident; and,
(5) Any recommendations resulting from the investigation.
(d) The owner or operator shall promptly address and resolve the investigation findings and recommendations.  Resolutions and corrective actions shall be documented.
(e) The findings shall be reviewed with all affected personnel whose job tasks are affected by the findings.
(f) Investigation summaries shall be retained for five years.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.60, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2760.1. Process Safety Information.
 (a) In accordance with the schedule set forth in Section 2760.2, the owner or operator shall complete a compilation of written process safety information before conducting any PHA required by the chapter.  The compilation of written process safety information is to enable the owner or operator and the employees involved in operating the process to identify and understand the hazards posed by those processes involving regulated substances.  This process safety information shall include information pertaining to the hazards of the regulated substances used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process.
(b) Information pertaining to the hazards of the regulated substances in the process.  This information shall consist of at least the following:
(1) Toxicity information;
(2) Permissible exposure limits;
(3) Physical data;
(4) Reactivity data;
(5) Corrosivity data;
(6) Thermal and chemical stability data; and,
(7) Hazardous effects of inadvertent mixing of different materials that could foreseeably occur.

NOTE TO SECTION (b):  Material Safety Data Sheets meeting the requirements of  Section 5189 of Title 8 of CCR may be used to comply with this requirement to the extent they contain the information required by this subsection.
(c) Information pertaining to the technology of the process.
(1) Information concerning the technology of the process shall include at least the following:
(A) A block flow diagram or simplified process flow diagram;
(B) Process chemistry;
(C) Maximum intended inventory;
(D) Safe upper and lower limits for such items as temperatures, pressures, flows or compositions; and,
(E) An evaluation of the consequences of deviations.
(2) Where the original technical information no longer exists, such information may be developed in conjunction with the PHA in sufficient detail to support the analysis.
(d) Information pertaining to the equipment in the process.
(1) Information pertaining to the equipment in the process shall include:
(A) Materials of construction;
(B) Piping and instrument diagrams (P&ID's);
(C) Electrical classification;
(D) Relief system design and design basis;
(E) Ventilation system design;
(F) Design codes and standards employed;
(G) Material and energy balances for processes built after June 21, 1999; and,

(H) Safety systems (e.g., interlocks, detection, or suppression systems).
(2) The owner or operator shall document that equipment complies with recognized and generally accepted good engineering practices.
(3) For existing equipment designed and constructed in accordance with codes, standards, or practices that are no longer in general use, the owner or operator shall determine and document that the equipment is designed, maintained, inspected, tested, and operating in a safe manner.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.65, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2760.2. Process Hazard Analysis [PHA].
 (a) The owner or operator shall perform an initial PHA (hazard evaluation) on processes covered by this article.  The PHA shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process.  The owner or operator shall determine and document the priority order for conducting PHAs based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process.  The PHA shall be conducted as soon as possible during the development of the CalARP program, but not later than the date of submittal of the RMP.  Notwithstanding section (c) below, PHAs completed to comply with Section 5189 of Title 8 of CCR are acceptable as initial PHAs.  These PHAs shall be updated and revalidated, based on their completion date.
(b) The owner or operator shall work closely with AAs in deciding which PHA methodology is best suited to determine the hazards of the process being analyzed.  The owner or operator shall use one or more of the following methodologies that are appropriate to determine and evaluate the hazards of the process being analyzed:
(1) What-If;
(2) Checklist;
(3) What-If / Checklist;
(4) Hazard and Operability Study (HAZOP);
(5) Failure Mode and Effects Analysis (FMEA);

(6) Fault Tree Analysis; or,
(7) An appropriate equivalent methodology.
(c) The PHA shall address:
(1) The hazards of the process;
(2) The identification of any previous incident which had a likely potential for catastrophic consequences;
(3) Engineering and administrative controls applicable to the hazards and their interrelationships such as appropriate application of detection methodologies to provide early warning of releases.  (Acceptable detection methods might include process monitoring and control instrumentation with alarms, and detection hardware such as hydrocarbon sensors.);
(4) Consequences of failure of engineering and administrative controls;
(5) Stationary source siting;

(6) Human factors;
(7) A qualitative evaluation of a range of the possible safety and health effects of failure of controls; and,
(8) The PHA shall include the consideration of external events, including seismic events, if applicable.  PHAs completed for other programs where external events were not considered shall be updated to include external events.
(d) The PHA shall be performed by a team with expertise in engineering and process operations, and the team shall include at least one employee who has experience and knowledge specific to the process being evaluated.  Also, one member of the team must be knowledgeable in the specific PHA methodology being used.
(e) The owner or operator shall establish a system to promptly address the team's findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; and communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions.
(f) At least every five years after the completion of the initial PHA, the PHA shall be updated and revalidated by a team meeting the requirements in section (d), to assure that the PHA is consistent with the current process. Notwithstanding section (c), updated and revalidated PHA[s] completed to comply with Section 5189 of Title 8 of CCR are acceptable to meet the requirements of this section.
(g) The owner or operator shall retain PHAs and updates or revalidations for each process covered by this section, as well as the documented resolution of recommendations described in section (e), for the life of the process.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.67, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2760.3. Operating Procedures.
 (a) The owner or operator shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements:
(1) Steps for each operating phase:
(A) Initial startup;

(B) Normal operations;
(C) Temporary operations;
(D) Emergency shutdown including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner;
(E) Emergency operations;
(F) Normal shutdown; and,
(G) Startup following a turnaround, or after an emergency shutdown.
(2) Operating limits:
(A) Consequences of deviation; and,
(B) Steps required to correct or avoid deviation.

(3) Safety and health considerations:
(A) Properties of, and hazards presented by, the chemicals used in the process;
(B) Precautions necessary to prevent exposure, including engineering controls, administrative controls, and personal protective equipment;
(C) Control measures to be taken if physical contact or airborne exposure occurs;
(D)  Quality control for raw materials and control of hazardous chemical inventory levels; and,
(E) Any special or unique hazards.
(4) Safety systems and their functions.
(b) Operating procedures shall be readily accessible to employees who work in or maintain a process.
(c) The operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to stationary sources.  The owner or operator shall certify annually that these operating procedures are current and accurate.
(d) The owner or operator shall develop and implement safe work practices to provide for the control of hazards during operations such as lockout/tagout; confined space entry; opening process equipment or piping; and control over entrance into a stationary source by maintenance, contractor, laboratory, or other support personnel.  These safe work practices shall apply to employees and contractor employees.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.69, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2760.4. Training.
 (a) Initial training.
(1) Each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in Section 2760.3.  The training shall include emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks.

(2) In lieu of initial training for those employees already involved in operating a process on June 21, 1999 an owner or operator may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as specified in the operating procedures.
(b) Refresher training.  Refresher training shall be provided at least every three years, and more often if necessary, to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process.  The owner or operator, in consultation with the employees involved in operating the process, shall determine the appropriate frequency of refresher training.
(c) Training documentation.  The owner or operator shall ascertain that each employee involved in operating a process has received and understood the training required by this section.  The owner or operator shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.71, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2760.5. Mechanical Integrity.
 (a) Application.  Sections (b) through (f) of this section apply to the following process equipment:
(1) Pressure vessels and storage tanks;
(2) Piping systems (including piping components such as valves);
(3) Relief and vent systems and devices;

(4) Emergency shutdown systems;
(5) Controls (including monitoring devices and sensors, alarms, and interlocks); and,
(6) Pumps.
(b) Written procedures.  The owner or operator shall establish and implement written procedures to maintain the on-going integrity of process equipment.
(c) Training for process maintenance activities.  The owner or operator shall train each employee involved in maintaining the on-going integrity of process equipment in an overview of that process and its hazards and in the procedures applicable to the employee's job tasks to assure that the employee can perform the job tasks in a safe manner.
(d) Inspection and testing.
(1) Inspections and tests shall be performed on process equipment.

(2) Inspection and testing procedures shall follow recognized and generally accepted good engineering practices.
(3) The frequency of inspections and tests of process equipment shall be consistent with applicable manufacturers' recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience.
(4) The owner or operator shall document each inspection and test that has been performed on process equipment.  The documentation shall identify the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test.
(e) Equipment deficiencies.  The owner or operator shall correct deficiencies in equipment that are outside acceptable limits (defined by the process safety information in Section 2760.1) before further use or in a safe and timely manner when necessary means are taken to assure safe operation.
(f) Quality assurance.

(1) In the construction of new plants and equipment, the owner or operator shall assure that equipment as it is fabricated is suitable for the process application for which they will be used.
(2) Appropriate checks and inspections shall be performed to assure that equipment is installed properly and consistent with design specifications and the manufacturer's instructions.
(3) The owner or operator shall assure that maintenance materials, spare parts and equipment are suitable for the process application for which they will be used.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.73, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2760.6. Management of Change.
 (a) The owner or operator shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment, and procedures; and, changes to stationary sources that affect a covered process.
(b) The procedures shall assure that the following considerations are addressed prior to any change:

(1) The technical basis for the proposed change;
(2) Impact of change on safety and health;
(3) Modifications to operating procedures;
(4) Necessary time period for the change; and,
(5) Authorization requirements for the proposed change.
(c) Employees involved in operating a process and maintenance and contract employees whose job tasks will be affected by a change in the process shall be informed of, and trained in, the change prior to start-up of the process or affected part of the process.
(d) If a change covered by this section results in a change in the process safety information required by Section 2760.1, such information shall be updated accordingly.
(e) If a change covered by this section results in a change in the operating procedures or practices required by Section 2760.3, such procedures or practices shall be updated accordingly.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.75, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2760.7. Pre-Startup Review.
 (a) The owner or operator shall perform a pre-startup safety review for new stationary sources and for modified stationary sources when the modification is significant enough to require a change in the process safety information.
(b) The pre-startup safety review shall confirm that prior to the introduction of regulated substances to a process:
(1) Construction and equipment is in accordance with design specifications;

(2) Safety, operating, maintenance, and emergency procedures are in place and are adequate;
(3) For new stationary sources, a PHA has been performed and recommendations have been resolved or implemented before startup, and modified stationary sources meet the requirements contained in management of change, Section 2760.6; and,
(4) Training of each employee involved in operating a process has been completed.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.77, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2760.8. Compliance Audits.
 (a) The owner or operator shall certify that they have evaluated compliance with the provisions of this article at least every three years to verify that the procedures and practices developed under the chapter are adequate and are being followed.
(b) The compliance audit shall be conducted by at least one person knowledgeable in the process.
(c) A report of the findings of the audit shall be developed.
(d) The owner or operator shall promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected.
(e) The owner or operator shall retain the two most recent compliance audit reports.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.79, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2760.9. Incident Investigation.
 (a) The owner or operator shall investigate each incident which resulted in, or could reasonably have resulted in, a catastrophic release of a regulated substance.
(b) An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the incident.
(c) An incident investigation team shall be established and consist of at least one person knowledgeable in the process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident.
(d) A report shall be prepared at the conclusion of the investigation which includes at a minimum:
(1) Date of incident;
(2) Date investigation began;
(3) A description of the incident;
(4) The factors that contributed to the incident; and,
(5) Recommendations resulting from the investigation.
(e) The owner or operator shall establish a system to promptly address and resolve the incident report findings and recommendations.  Resolutions and corrective actions shall be documented.
(f) The report shall be reviewed with all affected personnel whose job tasks are relevant to the incident findings including contract employees where applicable.
(g) Incident investigation reports shall be retained for five years.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.81, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2760.10. Employee Participation.
 (a) The owner or operator shall develop a written plan of action regarding the implementation of the employee participation required by this section.
(b) The owner or operator shall consult with employees and their representatives on the conduct and development of PHA and on the development of the other elements of process safety management in this chapter.
(c) The owner or operator shall provide employees and their representatives with access to PHAs and to all other information required to be developed under this chapter.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.83, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2760.11. Hot Work Permit.
 (a) The owner or operator shall issue a hot work permit for hot work operations conducted on or near a covered process.
(b) The permit shall document that the fire prevention and protection requirements in Section 5189 of Title 8 of CCR have been implemented prior to beginning the hot work operations; it shall indicate the date(s) authorized for hot work; and identify the object on which hot work is to be performed. The permit shall be kept on file until completion of the hot work operations.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.85, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2760.12. Contractors.
 (a) Application.  This section applies to contractors performing maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to a covered process.  It does not apply to contractors providing incidental services which do not influence process safety, such as janitorial work, food and drink services, laundry, delivery or other supply services.
(b) Owner or operator responsibilities.

(1) The owner or operator, when selecting a contractor, shall obtain and evaluate information regarding the contract owner or operator's safety performance and programs.
(2) The owner or operator shall inform the contract owner or operator of the known potential fire, explosion, or toxic release hazards related to the contractor's work and the process.
(3) The owner or operator shall explain to the contract owner or operator the applicable provisions of Article 7.
(4) The owner or operator shall develop and implement safe work practices consistent with Section 2760.3(d), to control the entrance, presence, and exit of the contract owner or operator and contract employees in covered process areas.
(5) The owner or operator shall periodically evaluate the performance of the contract owner or operator in fulfilling their obligations as specified in section (c).
(c) Contract owner or operator responsibilities.

(1) The contract owner or operator shall assure that each contract employee is trained in the work practices necessary to safely perform his or her job.
(2) The contract owner or operator shall assure that each contract employee is instructed in the known potential fire, explosion, or toxic release hazards related to his or her job and the process, and the applicable provisions of the emergency action plan.
(3) The contract owner or operator shall document that each contract employee has received and understood the training required by this section.  The contract owner or operator shall prepare a record which contains the identity of the contract employee, the date of training, and the means used to verify that the employee understood the training.
(4) The contract owner or operator shall assure that each contract employee follows the safety rules of the stationary source including the safe work practices required by Section 2760.3(d).
(5) The contract owner or operator shall advise the owner or operator of any unique hazards presented by the contract owner or operator's work, or of any hazards found by the contract owner or operator's work.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.87, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2765.1. Emergency Response Applicability.
 (a) Except as provided in section (b), the owner or operator of a stationary source with Program 2 and Program 3 processes shall comply with the requirements of Section 2765.2.
(b) The owner or operator of a stationary source whose employees will not respond to accidental releases of regulated substances need not comply with Section 2765.2 provided that they meet the following:

(1) For stationary sources with any regulated toxic substance held in a process above the threshold quantity, the stationary source is included in the community emergency response plan developed under Section 11003 of Title 42 of the United States Code (USC);
(2) For stationary sources with only regulated flammable substances held in a process above the threshold quantity, the owner or operator has coordinated response actions with the local fire department; and,
(3) Appropriate mechanisms are in place to notify emergency responders when there is a need for a response.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.90, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2765.2. Emergency Response Program.
 (a) The owner or operator shall develop and implement an emergency response program for the purpose of protecting public health and the environment.  The emergency response program shall include the following elements:
(1) An emergency response plan, which shall be maintained at the stationary source and contain at least the following elements:
(A) Procedures for informing and interfacing with the public and local emergency response agencies about accidental releases, emergency planning, and emergency response;
(B) Documentation of proper first-aid and emergency medical treatment necessary to treat accidental human exposures; and,
(C) Procedures and measures for emergency response after an accidental release of a regulated substance;
(2) Procedures for the use of emergency response equipment and for its inspection, testing, and maintenance;
(3) Training for all employees in relevant procedures and relevant aspects of the Incident Command System; and,
(4) Procedures to review and update, as appropriate, the emergency response plan to reflect changes at the stationary source and ensure that employees are informed of changes.
(b) A written plan that complies with the contingency plan format developed pursuant to Section 25503.4 of HSC and that, among other matters, includes the elements provided in section (a), shall satisfy the requirements of this section if the owner or operator also complies with section (c).  The contingency plan format shall be provided by OES upon request.
(c) The emergency response plan developed under section (a)(1) shall be coordinated with the community emergency response plan developed under Section 11003 of Title 42 of USC.  Upon request of the local emergency planning committee or emergency response officials, the owner or operator shall promptly provide to the local emergency response officials information necessary for developing and implementing the community emergency response plan.
(d) The owner or operator is not required to meet the business plan requirements if the emergency response plan developed under this section is consistent with the business plan requirements pursuant to Sections 2731 and 2732 of Title 19 of CCR.  This does not exempt the owner or operator from requirements which relate to the annual inventory or emergency response planning for hazardous materials which are not regulated substances.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Sections 25531 and 25537.5, Health and Safety Code; and Section 68.95, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2770.1. Purpose.
This article lists regulated substances pursuant to Section 2770.5 (Tables 1, 2, or 3), identifies specific threshold quantities, and establishes the requirements for petitioning to add, delete, or change the threshold for regulated substances.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Sections 25532(g), (j), and (l), 25543.1 and 25543.3, Health and Safety Code; and Section 68.100, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2770.2. Threshold Determination.
 (a) A threshold quantity of a regulated substance is present at a stationary source if the total quantity of a regulated substance contained in a process exceeds the threshold listed in Section 2770.5.
(b) For the purpose of determining whether more than a threshold quantity of a regulated substance is present at the stationary source, the following apply:
(1) Concentrations of a regulated toxic substance in a mixture:

(A) A mixture of less than one percent by weight of a regulated toxic substance need not be considered when determining whether more than a threshold quantity is present at the stationary source.  A mixture containing a regulated toxic substance is regulated if the concentration of the toxic substance present in the mixture is one percent or greater by weight.  The owner or operator of a stationary source shall only consider the weight of the regulated substance in the mixture, not the entire weight of the mixture.
(B) The owner or operator of a stationary source, when determining whether more than a threshold quantity of a regulated toxic substance in a mixture is present at the stationary source, need not consider portions of the process which can be demonstrated to have a partial pressure of the regulated substance in the mixture (solution), under the handling or storage conditions, which is less than 10 millimeters of mercury (mm Hg).  The owner or operator of the stationary source shall document any exempted portions of processes where the partial pressure measurements or estimates are less than 10 mm Hg.
(C) The exemption regarding 10 mm Hg of partial pressure in (B) does not apply to:

  (i) Regulated substances which are solids as noted in Section 2770.5, Table 3;
 (ii) Those regulated substances that failed the evaluation pursuant to  Section 25532(g)(2) of HSC as noted in Section 2770.5, Table 3; or,
(iii) Oleum, toluene 2,4-diisocyanate, toluene 2,6-diisocyanate and toluene diisocyanate (unspecified isomer) as noted in Section 2770.5.
(2) Concentrations of a regulated flammable substance in a mixture. A mixture of less than one percent by weight of a regulated flammable substance need not be considered when determining whether more than a threshold quantity is present at the stationary source. Except as provided in Sections (b)(2)(A) and (2)(B) of this section, if the concentration of the substance in the mixture is one percent or greater by weight of the mixture, then, for the purpose of determining whether a threshold quantity is present at the stationary source, the entire weight of the mixture shall be treated as the regulated substance unless the owner or operator can demonstrate that the mixture itself does not have a NFPA flammability hazard rating of 4.  The demonstration shall be in accordance with the definition of flammability hazard rating 4 in the NFPA 704, Standard System for the Identification of the Hazards of Materials for Emergency Response, NFPA, Quincy, MA, 1996.  (Available from the NFPA, 1 Batterymarch Park, Quincy, MA 02269-9101.  This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552 (a) and 1 CFR part 51.  Copies may be inspected at the Environmental Protection Agency Air Docket (6102), Attn:  Docket No. A-96-08, Waterside Mall, 401 M. St. SW., Washington D.C.; or at the Office of Federal Register at 800 North Capitol St., NW, Suite 700, Washington, D.C.)  Boiling point and flash point shall be defined and determined in accordance with NFPA 30, Flammable and Combustible Liquids Code, NFPA, Quincy, MA, 1996.  (Available from the NFPA, 1 Batterymarch Park, Quincy, MA  02269-9101.  This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552 (a) and 1 CFR part 51.  Copies may be inspected at the Environmental Protection Agency Air Docket (6102), Attn:  Docket No. A-96-08, Waterside Mall, 401 M. St. SW., Washington D.C.; or at the Office of Federal Register at 800 North Capitol St., NW, Suite 700, Washington, D.C.) The owner or operator shall document the NFPA flammability hazard rating.
(A) Gasoline.  Regulated substances in gasoline, when in distribution or related storage for use as fuel for internal combustion engines, need not be considered when determining whether more than a threshold quantity is present at a stationary source.

(B) Naturally occurring hydrocarbon mixtures.  Prior to entry into a natural gas processing plant or a petroleum refining process unit, regulated substances in naturally occurring hydrocarbon mixtures need not be considered when determining whether more than a threshold quantity is present at a stationary source.  Naturally occurring hydrocarbon mixtures include any combination of the following: condensate, crude oil, field gas, and produced water, each as defined in Section 2735.3.
(3) Articles.  Regulated substances contained in articles need not be considered when determining whether more than a threshold quantity is present at the stationary source.
(4) Uses.  Regulated substances, when in use for the following purposes, need not be included in determining whether more than a threshold quantity is present at the stationary source:
(A) Use as a structural component of the stationary source;
(B) Use of products for routine janitorial maintenance;

(C) Use by employees of foods, drugs, cosmetics, or other personal items containing the regulated substance; and,
(D) Use of regulated substances present in process water or non-contact cooling water as drawn from the environment or municipal sources, or use of regulated substances present in air used either as compressed air or as part of combustion.
(5) Activities in laboratories.  If a regulated substance is manufactured, processed, or used in a laboratory at a stationary source under the supervision of a technically qualified individual as defined in Section 720.3(ee) of Chapter 1 of Title 40 of CFR, the quantity of the substance need not be considered in determining whether a threshold quantity is present.  This exemption does not apply to:
(A) Specialty chemical production;
(B) Manufacture, processing, or use of substances in pilot plant scale operations; and,
(C) Activities conducted outside the laboratory.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25532(j) and (l) and 25543.3, Health and Safety Code; and Section 68.115, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2770.3. (Reserved).

 
 






s 2770.4. Exemptions.
Agricultural nutrients.  Ammonia used as an agricultural nutrient, when held by farmers, is exempt from all provisions of this chapter.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.125, Part 68, Title 40, Code of Federal Regulations. 
  


 






s 2770.4.1. Exclusion.
Flammable substances used as fuel or held for sale as fuel at retail facilities. A flammable substance listed in Section 2770.5, Table 2, is nevertheless excluded from all provisions of this chapter when the substance is used as a fuel or held for sale as a fuel at a retail facility.
 

  Note: Authority cited: Sections 25531, 25533 and 25534.05, Health and Safety Code. Reference: Section 25531, Health and Safety Code; and Section 68.126, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2770.5. List of Substances.
Regulated toxic and flammable substances under Section 112(r) of the federal CAA are the substances listed in Tables 1 and 2.  Table 3 lists those regulated substances pursuant to Section 25532(g)(2) of HSC.  Threshold quantities for listed toxic and flammable substances are specified in the tables.
 

  Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code.  Reference: Sections 25532(g)(2) and 25543.3, Health and Safety Code; and Section 68.130, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2775.1. Recordkeeping.
The owner or operator shall maintain records supporting the implementation of this chapter for five years unless otherwise provided in Article 6 of this chapter.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25531, Health and Safety Code; and Section 68.200, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2775.2. Audits.
 (a) In addition to inspections for the purpose of regulatory development and enforcement of the federal CAA, the AA shall periodically audit RMPs submitted under Article 3 of this chapter to review the adequacy of such RMPs and require revisions of RMPs when necessary to ensure compliance with Article 3 of this chapter.  To the extent possible, any audit shall be fully coordinated with the Unified Program elements at a stationary source.
(b) The AA 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 AA shall have access to the stationary source, supporting documentation, and any area where an accidental release could occur.
(e) Based on the audit, the AA 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 meets the criteria of Article 3 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 AA within 90 days of the issue of the preliminary determination or a shorter period of time as the AA 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 AA 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 AA may issue the owner or operator a written final determination of necessary revisions to the stationary source's RMP.  The AA shall develop a time table for implementing these revisions in consultation with the stationary source.  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 Article 3 of this chapter and this section unless the owner or operator revises the RMP.
(i) The public shall have access to the preliminary determinations, responses, and final determinations under this section in a manner consistent with Section 2775.5.
(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.
 

  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. 
  


 






s 2775.3. Inspections.
The AA shall inspect every stationary source required to be registered pursuant to this chapter at least once every three years to determine whether the stationary source is in compliance with this chapter.  The requirements of this section do not alter or affect the immunity provided a public entity pursuant to Section 818.6 of the Government Code.  To the extent possible, any CalARP program inspections shall be coordinated with the Unified Program.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Sections 25534.5, 25537, 25540.5, and 25541.3, Health and Safety Code; and Sections 68.215 and 68.210, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2775.4. Enforcement.
The owner or operator of a stationary source who violates the statutes or regulations established for the CalARP program may be liable for penalties or enforcement pursuant to provisions in Article 2 of Chapter 6.95 of the HSC beginning with Section 25540.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Sections 25534.5, 25537, 25540.5 and 25541.3, Health and Safety Code; and Sections 68.215 and 68.220, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2775.5. Availability of Information to the Public.
 (a) The RMP required under Article 3 of this chapter shall be available to the public pursuant to Section 25534.05(a)(4) of HSC.
(b) The disclosure of classified information by the Department of Defense or other federal agencies or contractors of such agencies shall be controlled by applicable laws, regulations, or executive orders concerning the release of classified information.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference:Sections 25534.05(a), 25535.2 and 25538, Health and Safety Code; and Section 68.210, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2775.6. Permit Content and Air Permitting Authority or OES Requirements.
The requirements of this section apply to any stationary source subject to Section 2735.4(a)(1) of this chapter and Part 70 or 71 of Title 40 of CFR.
(a) The Part 70 or 71 of Title 40 of CFR permit for the stationary source shall contain:
(1) A statement listing Part 68 of Title 40 of CFR as an applicable requirement;

(2) Conditions that require the source owner or operator to submit:
(A) A compliance schedule for meeting the requirements of this chapter by the date provided in Section 2735.4(a)(1), or,
(B) As part of the compliance certification submitted under Section 70.6(c)(5) of Title 40 of CFR, a certification statement that the source is in compliance with all requirements of this chapter, including the registration and submission of the RMP.
(b) The owner or operator shall submit any additional relevant information requested by the AA, OES or the appropriate APCD or AQMD.
(c) For Part 70 or 71 of Title 40 of CFR permits issued prior to the deadline for registering and submitting the RMP and which do not contain permit conditions described in section (a), the owner or operator or the appropriate APCD or AQMD shall initiate permit revision or reopening according to the procedures of Part 70.7 or 71.7 of Title 40 of CFR to incorporate the terms and conditions consistent with section (a).
(d) The appropriate APCD or AQMD shall, at a minimum:
(1) Verify from the AA that the source owner or operator has registered and submitted an RMP or a revised plan when required by this chapter;
(2) Verify from the AA that the source owner or operator has submitted a source certification or in its absence has submitted a compliance schedule consistent with section (a)(2); and,
(3) Initiate enforcement action based on sections (d)(1) and (d)(2) as appropriate.  The AQMD or APCD shall notify the AA and the AA shall notify OES of enforcement actions taken pursuant to this chapter.
(e) The fact that an owner or operator of a stationary source is subject to this chapter due to applicability under Section 2734.4(a)(2) shall not in itself subject the stationary source to the requirements of Part 70 or 71 of Title 40 of CFR.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Sections 25533(b), 25535(a) and 25540.5, Health and Safety Code; and Section 68.215, Part 68, Title 40, Code of Federal Regulations. 
  
 






s 2780.1. Dispute Resolution.
 (a) Disputes arising between the owner or operator of a stationary source and an AA under this chapter shall first be decided by the AA pursuant to a dispute resolution process.  Each AA shall establish procedures necessary to implement this dispute resolution process.  These procedures shall:
(1) Provide that the owner or operator of a stationary source may initiate the dispute resolution process by serving the AA with prompt, written notice of a dispute;

(2) Identify the official(s) or other employee(s) of the AA who will resolve disputes arising under this Section;
(3) Set procedures and timetables for providing argument and supporting materials to the AA;
(4) Require that the AA render a written decision within 120 days after the owner or operator of a stationary source initiates the dispute resolution process; and,
(5) Use the CUPA dispute resolution process, if the AA is also a CUPA, providing that  such process is consistent with the criteria in (a)(1) through (4) above.
(b) The owner or operator of a stationary source may appeal the decision of an AA to the Director of OES by serving the Director with written notice of appeal.  The notice of appeal shall be accompanied by:
(1) A copy of the decision of the AA,

(2) A copy of any written material that the owner or operator submitted to the AA during the dispute resolution process that the stationary source would want the Director to consider, and,
(3) A concise statement of the grounds upon which the owner or operator disputes the decision rendered by the AA.  The notice of appeal and accompanying materials shall be served on the Director and the AA by certified mail, return receipt requested.  Such service shall be effected no later than 30 days after the AA renders its decision, or, if the AA fails to render a timely decision, no later than 150 days after the owner or operator initiated the dispute resolution process with the AA.
(c) After receipt of the notice of appeal and accompanying materials, the Director shall provide a written acknowledgment of such receipt to the appealing party and the AA.  At the time that the Director sends this acknowledgment, or at any later time, the Director, in his or her discretion, may request further materials, information or briefing from the stationary source or the AA, and the Director may set schedules for the submission of such materials, information or briefing.  The Director shall also provide the opportunity for public comment on the dispute, and shall allow the stationary source and the AA the opportunity to respond to any comments submitted by the public.
(d) Within 120 days after the service of the notice of appeal, or, if the Director requires additional time in order to deal with the submission of materials, information, briefing, public comments or responses to public comments, within such extended time as is set by the Director, the Director shall issue his or her decision.  The dispute shall be resolved according to the discretion of the Director.  The Director's decision shall be binding on all parties.
(e) Exhaustion of this dispute resolution process shall not be a prerequisite to the initiation, prosecution or conclusion of any criminal or civil enforcement action brought by the AA, the District Attorney or the State pursuant to Sections 25540, 25540.5, 25541, 25541.3, 25541.5 of HSC or any other provision of law.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25534.05(a)(3), Health and Safety Code. 
  
 






s 2780.2. Administering Agency Compliance.
Each AA shall comply with the regulations adopted in this chapter, unless OES assumes authority pursuant to Section 2780.6(c)(1)(D)(ii).
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Sections 25533(d) and 25534.05(e), Health and Safety Code. 
  


 






s 2780.3. Maintenance of Administering Agency Authorization and Reporting.
In assessing the performance of an AA, OES shall consider the following:
(a) Effectiveness of the AA program to ensure stationary source participation.
(b) Effectiveness of the procedures for records management.
(c) Type and amount of technical assistance provided to stationary sources.
(d) Stationary source inspections which are conducted to ensure compliance with this program.
(e) The AA process for public participation.
(f) Other required program elements necessary to implement and manage this program.
(g) Comments from interested parties regarding the effectiveness of the local program that raise public safety issues.
(h) The impact of the CalARP in reducing/eliminating significant releases.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25533(e), Health and Safety Code. 
  
 






s 2780.4. Coordination with the Unified Program.
 (a) OES shall consider the standards under Section 2780.3 to support OES recommendations to the Secretary for Environmental Protection regarding local agency certification for the Unified Program pursuant to Section 25404.3 of HSC.
(b) As part of the periodic review requirement, OES shall consider the requirements of Section 2780.3 and Section 25404.4 of HSC.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25404.3, Health and Safety Code. 
  
 






s 2780.5. Performance Audit Submission.
 (a) Beginning in fiscal year 1998 (July 1, 1998 - June 30, 1999), the AA shall annually conduct an audit of its activities to implement the Cal-ARP program. This audit is subject to the periodic review carried out pursuant to Section 25404.4(a)(1) of HSC.
(b) An audit report shall be compiled annually based upon the previous fiscal year's activities and shall contain an executive summary and a brief description of how the AA is meeting the requirements of the program as listed in Section 2780.3.  The audit shall include but is not limited to the following information:
(1) a listing of stationary sources which have been audited.
(2) a listing of stationary sources which have been requested to develop RMPs.
(3) a listing of stationary sources which have been inspected.
(4) a listing of stationary sources which have received public comments on the RMP.
(5) a list of new or modified stationary sources.
(6) a summary of enforcement actions initiated by the AA identifying each stationary source.
(7) a summary of the personnel and personnel years necessary to directly implement, administer, and operate the CalARP program.
(8) a list of those stationary sources determined by the AA to be exempt from the chapter pursuant to Section 25534(b)(2).
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25533(e), Health and Safety Code. 
  
 






s 2780.6. Administering Agency Performance Evaluations.
 (a) OES shall periodically review the AAs performance to ensure their ability to carry out the requirements of the CalARP program pursuant to the requirements of Article 2, Chapter 6.95, of HSC and these regulations.  This review shall be closely coordinated with the Unified Program periodic review process, pursuant to Section 25404.4 of HSC.
(b) Administering Agencies shall be reviewed using the standards adopted in Sections 2780.3 and 2780.5 of these regulations.
(c) If OES determines that an AA has failed to meet the performance requirements of subdivision (b), OES shall, as appropriate, initiate one of the following two processes:
(1) Process 1:  Assumption of Authority by OES.  OES shall serve the AA with a written Notice of Intent to Exercise Specific Powers (NOIESP), which shall inform the AA of the Director's intent to implement the CalARP program in the local jurisdiction pursuant to Section 25533(e) of HSC.  The NOIESP shall state (i) the powers of the AA that OES will exercise; (ii) the date on which the exercise of authority shall commence; and, (iii) the reasons it is necessary for OES to assume this authority.
(A) Response to the NOIESP.  Within 60 days after receipt of the NOIESP, the AA shall respond by:  accepting the terms of the NOIESP; appealing the NOIESP; or submitting a proposed Program Improvement Agreement (PIA).  If the AA fails to respond fully to the NOIESP within 60 days, the AA will be deemed to have accepted the terms of the NOIESP.
  (i) Acceptance of the NOIESP.  The AA may accept the assumption of authority described in the NOIESP by serving OES with written notice of such acceptance. After the AA accepts, or is deemed to have accepted, the terms of the NOIESP, OES shall schedule a public hearing pursuant to the terms of section (c)(1)(C).
 (ii) Appeal.  The AA may appeal the NOIESP by serving OES with:  a written explanation of the factual or legal grounds for its appeal; any written supporting argument; and any relevant documentary evidence.  After receipt of the appeal, OES shall follow the procedures set forth in section (c)(1)(B).
(iii) Submission of an PIA.  The AA may respond to the NOIESP by serving OES with a proposed PIA.  After reviewing the proposed PIA, OES shall either accept the PIA and follow the procedures set forth in section (c)(2) or reject the proposal and schedule a public hearing pursuant to the terms of section (c)(1)(C).
(B) Appeal Procedures.  If the AA appeals the NOIESP, OES shall review the appeal to determine whether the AA has made a sufficient showing to warrant the reversal or modification of OES' original decision.  Upon completion of this review, OES shall affirm, modify, or reverse its original decision.  OES shall make its resolution of the appeal available to the public.
  (i) Affirmance.  If OES affirms its original decision, it shall schedule a public hearing addressing its proposed exercise of the powers of the AA.  This hearing will be conducted pursuant to section (c)(1)(C).
 (ii) Reversal.  If OES reverses its decision, OES shall serve the AA with written notice that the NOIESP has been withdrawn.
(iii) Modification.  If, based on the appeal, OES decides to modify its original decision, OES shall (1) serve the AA with an amended NOIESP, specifying he powers OES intends to exercise; and (2) schedule a public hearing on this exercise of powers.  This hearing will be conducted pursuant to section (c)(1)(C).
(C) Public Hearing Procedures.  In the event that a public hearing is required under this section, the following procedures shall be employed:
  (i) The hearing shall be conducted in the jurisdiction of the AA that received the NOIESP.
 (ii) A notice of public hearing shall be published in a local newspaper.  Notice of the hearing shall be served on the AA.

(iii) Within thirty days after the public hearing, the AA shall review the public hearing comments and serve OES with its responses, if any, to the comments presented at the public hearing.
(D) OES shall within 60 days review the comments presented at the public hearing and any responses submitted by the AA.  Based upon this review, and after consulting with the Secretary, OES, shall do one of the following:
  (i) Approve the continued implementation of the program by the AA;
 (ii) Assume authority to exercise the powers of the AA; or,
(iii) Refer the matter to the Secretary, as specified in section (c)(2),with the recommendation for an PIA or decertification of the AA.
(E) In the event that OES assumes authority to exercise the powers of the AA, the AA shall, upon request, provide OES with all relevant records and documents.
(2) Process 2:  Referral to the Secretary.  As an alternative to the procedures set forth in subsection (c)(1), OES may refer the matter to the Secretary with a written recommendation that the Secretary institute proceedings to either: require the AA to enter into an PIA, or, decertify the AA pursuant to Section 25404.4(a), Chapter 6.11 of HSC.
(A) After OES issues this recommendation, the Secretary and OES shall follow the procedures specified in Chapter 6.11 of HSC and any regulations adopted thereto applicable to PIAs or decertification.
(B) If OES recommends an IPA, OES shall work with the Secretary to develop an PIA for the AA.
(C) If the AA fails to sign an PIA within a time frame specified by OES or the Secretary, OES, in its discretion, may either:  invoke Section 25533(e) of HSC and issue an NOIESP pursuant to subsection (c)(1), or, recommend that the Secretary decertify the AA pursuant to Section 25404.4(a), Chapter 6.11, of HSC.
(d) When this section requires the service of a notice or other document, service shall be made by certified mail, return receipt requested.  A copy of any such notice or document shall be served on the Secretary.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Sections 25533(e) and (f), Health and Safety Code. 
  
 






s 2780.7. OES Authority.
Nothing in this Chapter shall limit the authority of OES pursuant to Section 25533(f) of HSC.
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Sections 25533, 25540.5, 25541.3 and 25543, Health and Safety Code. 
  


 






s 2785.1. Technical Assistance.
 (a) The owner or operator of a stationary source shall closely coordinate with the AA to ensure that appropriate technical standards are applied to the implementation of this chapter.
(b) The owner or operator of a stationary source shall request assistance from the AA when necessary to address compliance with this chapter or safety issues regarding unfamiliar processes.


 






Appendix A. to Title 19, Division 2, Chapter 4.5, Subchapter 1 Table of Toxic Endpoints
[As defined in Section 2750.2 of this chapter]
 

_______________________________________________________________________________
               Toxic
 CAS Number  Chemical Name   Endpoint

              (mg/l)
_______________________________________________________________________________
   107-02-8                                    Acrolein [2-Propenal]     0.0011
   107-13-1                         Acrylonitrile [2-Propenenitrile]      0.076
   814-68-6                  Acrylyl chloride [2-Propenoyl chloride]    0.00090
   107-18-6                            Allyl alcohol [2-Propen-1-ol]      0.036
   107-11-9                            Allylamine [2-Propen-1-amine]     0.0032
  7664-41-7                                      Ammonia (anhydrous)       0.14
  7664-41-7                            Ammonia (conc 20% or greater)       0.14
  7784-34-1                                     Arsenous trichloride      0.010
  7784-42-1   Arsine     0.0019
 10294-34-5                   Boron trichloride [Borane, trichloro-]      0.010
  7637-07-2                   Boron trifluoride [Borane, trifluoro-]      0.028
   353-42-4       Boron trifluoride compound with methyl ether (1:1)
                            [Boron, trifluoro [oxybis[methane]]-, T4      0.023
  7726-95-6  Bromine     0.0065
    75-15-0                                         Carbon disulfide       0.16
  7782-50-5  Chlorine     0.0087
 10049-04-4                 Chlorine dioxide [Chlorine oxide (ClO2)]     0.0028
    67-66-3                         Chloroform [Methane, trichloro-]       0.49
   542-88-1            Chloromethyl ether [Methane, oxybis [chloro-]    0.00025

   107-30-2      Chloromethyl methyl ether [Methane, chloromethoxy-]     0.0018
  4170-30-3                               Crotonaldehyde [2-Butenal]      0.029
   123-73-9                   Crotonaldehyde, (E)-, [2-Butenal,(E)-]      0.029
   506-77-4                                        Cyanogen chloride      0.030
   108-91-8                        Cyclohexylamine [Cyclohexanamine]       0.16
 19287-45-7  Diborane     0.0011
    75-78-5       Dimethyldichlorosilane [Silane, dichlorodimethyl-]      0.026
    57-14-7         1,1-Dimethylhydrazine [Hydrazine, 1,1-dimethyl-]      0.012
   106-89-8               Epichlorohydrin [Oxirane, (chloromethyl)-]      0.076
   107-15-3                      Ethylenediamine [1,2-Ethanediamine]       0.49
   151-56-4                                Ethyleneimine [Aziridine]      0.018
    75-21-8                                 Ethylene oxide [Oxirane]      0.090
   7782-41-  #Fluorine     0.0039
    50-00-0                                  Formaldehyde (solution)      0.012
   110-00-9    Furan     0.0012
   302-01-2  Hydrazine      0.011
  7647-01-0                  Hydrochloric acid (conc 37% or greater)      0.030
    74-90-8  Hydrocyanic acid      0.011
  7647-01-0        Hydrogen chloride (anhydrous) [Hydrochloric acid]      0.030
  7664-39-3         Hydrogen fluoride/Hydrofluoric acid (conc 50% or      0.016
                                        greater) [Hydrofluoric acid]

  7783-07-5                                        Hydrogen selenide    0.00066
  7783-06-4                                         Hydrogen sulfide      0.042
 13463-40-6            Iron, pentacarbonyl- [Ironcarbonyl (Fe(CO)5),    0.00044
  (TB-5-11)-]
    78-82-0             Isobutyronitrile [Propanenitrile, 2-methyl-]       0.14
   108-23-6                 Isopropyl chloroformate [Carbonochloride       0.10
  acid,1-methylethyl ester]
   126-98-7          Methacrylonitrile [2-Propenenitrile, 2-methyl-]     0.0027
    74-87-3                       Methyl chloride [Methane, chloro-]       0.82
    79-22-1             Methyl chloroformate [Carbonochloridic acid,     0.0019
  methylester]
    60-34-4                    Methyl hydrazine [Hydrazine, methyl-]     0.0094
   624-83-9                 Methyl isocyanate [Methane, isocyanato-]     0.0012
    74-93-1                          Methyl mercaptan [Methanethiol]      0.049
   556-64-9       Methyl thiocyanate [Thiocyanic acid, methyl ester]      0.085
    75-79-6         Methyltrichlorosilane [Silane, trichloromethyl-]      0.018
 13463-39-3                                          nickel carbonyl    0.00067
  7697-37-2                        nitric acid (conc 80% or greater)      0.026
 10102-43-9                       nitric oxide [Nitrogen oxide (NO)]      0.031
  8014-95-7     Oleum (Fuming Sulfuric acid) [Sulfuric acid, mixture      0.010
                                               with sulfur trioxide]

    79-21-0                     Peracetic acid [Ethaneperoxoic acid]     0.0045
   594-42-3      Perchloromethylmercaptan [Methanesulfenyl chloride,     0.0076
  trichloro-]
    75-44-5                           Phosgene [Carbonic dichloride]    0.00081
  7803-51-2  Phosphine     0.0035
 10025-87-3             Phosphorus oxychloride [Phosphoryl chloride]     0.0030
  7719-12-2         Phosphorus trichloride [Phosphorous trichloride]      0.028
   110-89-4  Piperidine      0.022
   107-12-0                           Propionitrile [Propanenitrile]     0.0037
   109-61-5             Propyl chloroformate [Carbonochloridic acid,      0.010
  propylester]
    75-55-8                    Propyleneimine [Aziridine, 2-methyl-]       0.12
    75-56-9                       Propylene oxide [Oxirane, methyl-]       0.59
  7446-09-5                               Sulfur dioxide (anhydrous)     0.0078
  7783-60-0    Sulfur tetrafluoriden [Sulfur fluoride (SF4), (T-4)-]      00092
  7446-11-9                                          Sulfur trioxide      0.010
    75-74-1                 Tetramethyllead [Plumbane, tetramethyl-]     0.0040
   509-14-8                 Tetranitromethane [Methane, tetranitro-]     0.0040
  7750-45-0        Titanium tetrachloride [Titanium chloride (TiCl4)      0.020
  (T-4)-]
   584-84-9                       Toluene 2,4-diisocyanate [Benzene,     0.0070

  2,4-diisocyanato-1-methyl-]
    91-08-7                       Toluene 2,6-diisocyanate [Benzene,     0.0070
  1,3-diisocyanato-2-methyl-]
 26471-62-5      Toluene diisocyanate (unspecified isomer) [Benzene,     0.0070
  1,3-diisocyanatomethyl-]
    75-77-4         Trimethylchlorosilane [Silane, chlorotrimethyl-]      0.050
   108-05-4        Vinyl acetate monomer [Acetic acid ethenyl ester]       0.26

 
 

  Note: Authority cited:  Sections 25531 and 25534.05, Health and Safety Code.  Reference: Section 25534.05(a)(5), 25534.5 and 25535(a), Health and Safety Code. 
  
 





s 2800. Definitions.
For the purposes of these regulations:
(a) "Allowed Expenses" means those expenses incurred by the Office as a direct result of having to repossess apparatus or equipment, hold it, prepare it for sale, and sell it to another local agency.
(b) "Applicant" means any local agency as defined in Government Code Section 8589.10(e) which has submitted a completed "Application to Purchase Fire Vehicle" with the Office.
(c) "Application" means an "Application to Purchase Fire Vehicle" published by the Office.
(d) "Director" means the Director of the Office of Emergency Services.
(e) "Firefighting Apparatus and Equipment" means any vehicle and its associated equipment which is designed and intended for use primarily for fire fighting, as defined in Government Code Section 8589.10(c).
(f) "Information System" means a system which identifies firefighting apparatus and equipment available for acquisition, as well as local agencies which are interested in acquiring firefighting apparatus and equipment.
(g) "Interest Rate" means a rate of interest which shall not exceed one percent less than the rate earned by the Pooled Money Investment Board (Account) on the date the contract is executed.
(h) "Local Agency" means any city, county, special district, or any joint powers agency, composed exclusively of those agencies, which provides fire suppression services. "Local Agency" also includes a fire company organized pursuant to Part 4 (commencing with Section 14825) of Division 12 of the Health and Safety Code.
(i) "Office" means the Office of Emergency Services.
(j) "Resale Contract" means a statement of mutual agreement which, when cosigned by authorized agents of the Office and the local agency, is deemed a valid, enforceable agreement. Resale Contracts are published by the Office.
(k) "Rural Area" means territory which is outside of any urbanized area designated by the United States Bureau of the Census from the 1980 Federal Census.
 

  Note: Authority cited: Section 8589.19(a), Government Code. Reference: State Assistance for Fire Equipment Act (Title 2, Division 1, Chapter 7, Article 5.5 Sections 8589.8-8589.22, Government Code) and Section 16481.1, Government Code. 
  
 





s 2810. Resale Program -Types of Firefighting Apparatus and Equipment.
 (a) Vehicles -The Office will only sell, firefighting vehicles with a minimum water tank capacity of 400 gallons and a minimum pumping capacity of 250 gallons per minute.
(b) Equipment -Any type of equipment which is designed and intended for use primarily for firefighting purposes or which is affixed to or carried upon the vehicles described in section (a) above, may be sold through the resale program, except any type of personal protective breathing apparatus.
(1) Firefighting equipment may, but need not be, affixed to or carried upon a fire vehicle at the time of sale.
 

  Note:   Authority cited: Section 8589.19(a) and (b)(1), Government Code. Reference: Sections 8589.10(c), 8589.11, 8589.13(a), 8589.16, 8589.17, 8589.18 and 8589.19(b)(1), Government Code. 
  
 





s 2815. Repair and Refurbishment of Apparatus and Equipment.
 (a) The Office may contract with Prison Industry Authority or with any other public or private sector entity for the repair and refurbishment of used firefighting apparatus and equipment.
 

  Note:   Authority cited: Section 8589.19(a), Government Code. Reference:  Section 8589.11, Government Code. 
  
 





s 2820. Time, Format and Manner for Submitting Applications.
 (a) The Office will establish an annual 30-day application period in which local agencies may apply for a resale contract.
(b) Local agencies will be notified by letter (with an "Application to Purchase Fire Vehicle" attached), at least 30 days prior to the beginning of the application period, of the dates of the application period, the deadlines for submitting applications and a description of the apparatus and equipment being offered for sale.
(c) All applications received by the Office must be complete and postmarked no later than the last day of the application period. Any application received by the Office which is postmarked after the close of the application period will be held on file for the next annual application period.
(d) A completed application mailed to the Office by a local agency confers no commitment on either the agency or the Office to purchase or sell firefighting apparatus or equipment.
(e) All completed applications received by the Office during the application period will be evaluated by Office staff and ranked in accordance with the following criteria:
(1) Applicant's demonstrated need for primary response firefighting apparatus and equipment:
(2) Applicant's ability to adequately operate and maintain the firefighting apparatus and equipment; and
(3) Applicant's ability to obtain outside financing for the purchase of the firefighting apparatus and equipment.
(f) All applicants will be notified of their rank by the Office within 60 days after the close of the application period.
(g) Applicants will have 14 days from the date they are notified of an offer to view and test the equipment and either accept or reject the offer made to them by the Office. If an applicant does not accept the offer by 5:00 p.m. on the fourteenth day following receipt of notification of the offer, the offer will be deemed revoked by the Office.
(h) Should a local agency decline to accept an offer made by the Office, the Office will notify other local agencies by descending order of rank. This process will continue until the offer is accepted or the applicant list is exhausted.
(i) The Office will permit a local agency to participate in the resale program even if the agency has failed to comply with this Section, if the local agency:
(1) Loses its only primary response firefighting vehicle, and;
(2) Lacks sufficient resources to immediately replace the vehicle, and;

(3) the loss of the vehicle creates a direct threat to their life or property; and;
(4) A majority of the Office's Fire and Rescue Service Advisory Committee approves the resale contract based on the above factors.
 

  Note:   Authority cited: Section 8589.19(a) and (b)(3), Government Code. Reference: Sections 8589.19(b)(3), Government Code. 
  
 





s 2825. Resale Contracts to Local Agencies.
 (a) Only local agencies which are located in or serving rural areas will be eligible for financing through the Office.
(b) All non-rural (i.e.; urban) local agencies may still participate in the resale program but these agencies will not be permitted to finance their purchase through the Office.
(c) Local agencies will be eligible to purchase only one firefighting vehicle per year, unless there are no other interested buyers. If there are no other interested buyers and the Office still has additional fire vehicles available for sale, the Office may, at its discretion, sell another firefighting vehicle to a local agency.
(d) Prior to entering into a resale contract, the Office shall require the local agency representative to submit a resolution from its governing body which states that the local agency representative has been vested with authority to bind the local agency in contract.
 

  Note:   Authority cited: Section 8589.19(a) and (b)(2), Government Code. Reference: Section 8589.13, Government Code. 
  
 





s 2830. Interest Rate and Term of Contract.
 (a) The interest rate on resale contracts will be calculated at one percent  (1%) below the actual Pooled Money Investment Account interest rate on the date the contract is executed by and between the parties.
(b) The interest rate established on the date the contract is executed shall be a fixed rate of interest for the life of the contract.
(c) The maximum term of a resale contract financed through the Office is five  (5) years. The maximum term of a renegotiated resale contract shall not exceed five (5) years from the date of execution of the original resale contract.
 

  Note:   Authority cited: Section 8589.19(a), Government Code. Reference:  Section 8589.13(b), Government Code. 
  
 





s 2835. Loan Amount and Down Payment.
 (a) The maximum amount of any loan through the Office is $10,000.
(b) The minimum down payment on any loan through the Office shall be ten percent (10%) of the total purchase price.
(c) Upon purchaser's request, and conditioned upon approval by the Office, purchaser may defer up to one-half (i.e.; 50%) of its minimum downpayment for a maximum of thirty (30) days. If purchaser requests a deferral, the amount purchaser pays to the Office upon execution of the contract will be considered a deposit and will be returned to the purchaser should purchaser fail to tender the balance of the downpayment (i.e.; the amount deferred) when it is due. Transfer of the apparatus or equipment to purchaser is contingent upon receipt and satisfaction (by the Office) of the deferred balance of the downpayment.
 

  Note:   Authority cited: Section 8589.19(a) and (b)(2), Government Code. Reference: Section 8589.19(b)(2), Government Code. 
  
 





s 2840. Information System -Types of Firefighting Apparatus and Equipment.
 (a) Vehicles -Any vehicle which is designed and intended for use primarily as a firefighting vehicle may be included in the information system, except the following vehicles:
(1) Emergency medical service vehicles;
(2) Rescue vehicles;
(3) Communications and command operations vehicles; or

(4) Hazardous materials operations vehicles.
(b) Equipment -Any type of equipment which is designed and intended for use primarily for firefighting purposes or which is affixed to or carried upon the vehicles described in section (a) above, may be included in the information system, except any type of personal protective breathing apparatus.
 

  Note:   Authority cited: Section 8589.19(a), Government Code. Reference:  Sections 8589.10(c) and 8589.14, Government Code. 
  
 





s 2850. Default -Renegotiation of Contract.
 (a) A local agency will be considered by the Office to be in default if the agency fails to make any payment within thirty (30) days of the date the payment is due, or if a bankruptcy petition is filed by or against the agency, or if the agency fails to keep any other agreement contained in the resale contract.
(b) Should purchaser default under the terms of the resale contract, the Office will renegotiate purchaser's contract, provided purchaser submits a written request for renegotiation with the Office within 30 calendar days after purchaser's default.
(c) Should purchaser continue to default beyond the renegotiation period, or default a second time after purchaser's contract has been renegotiated, the Office will take possession of its security (apparatus and equipment) for resale to another qualified buyer.
 

  Note:   Authority cited: Section 8589.19(a), Government Code. Reference:  Section 8589.18, Government Code. 
  
 





s 2855. Repossession.
 (a) The Office will repossess in accordance with Section 2850 above. Should the Office be forced to repossess, purchaser will be sent a notice. The notice will state that purchaser may redeem (buy back) the vehicle, and will also specify the amount required for redemption. Purchaser may redeem the vehicle up to the time the Office sells it or agrees to sell it. If the purchaser does not cure the default within this time frame, the vehicle will be sold. If the vehicle is sold, the money from the sale, less allowed expenses, will be used to pay the amount still owed on the original purchaser's contract. If there is any money left (i.e.; surplus), it will be paid to the original purchaser. If the money from the sale is not enough to pay off the contract and costs, the original purchaser must pay to the Office what is still owed on the contract.
(b) Should the Office be forced to repossess, the defaulting purchaser will not be allowed to finance another purchase through the Office for five (5) calendar years from the date of repossession.
 

  Note:   Authority cited: Section 8589.19(a), Government Code. Reference:  Section 8589.18, Government Code. 
  
 





s 2900. Definitions.
 (a) "Act" means the California Disaster Assistance Act (Government Code Sections 8680-8692).
(b) "Betterment" means any work performed by a local agency which exceeds restoring a facility to its predisaster design. Betterment also includes repairs to damaged public real property which are necessary to mitigate a predisaster condition for which the local agency had a predisaster requirement to mitigate or correct.
(c) "Current Codes, Specifications and Standards" means those applicable codes, specifications, or standards for the construction and design of public real property, which have been adopted by an applicant agency on or before the date of the disaster occurrence.
(d) "Director" means the Director of the Office of Emergency Services or his duly authorized representative.
(e) "Director's Concurrence" means the authorization of financial assistance for costs to repair, restore, reconstruct or replace facilities belonging to local agencies damaged as a result of disasters, based on a local emergency proclamation that has been accepted by the director.
(f) "Disaster" means a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety.
(g) "Eligible Applicants" means any local agency, as that term is defined in this section.
(h) "Emergency" means any occasion or incident for which, in the determination of the Governor, state assistance is needed to supplement local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the state.
(i) "Emergency Programs" means those programs designed for short term immediate response to provide needed life-saving, public health, safety, and property protective measures.
(j) "Emergency Work" means that work which is performed immediately before, during, or after a disaster event to protect public health, safety or property, and to provide temporary facilities for the restoration of essential public services.
(k) "Federal Assistance" means aid to disaster victims or local agencies by the federal government pursuant to federal statutory authorities.
(l) "Hazard Mitigation" means any cost effective measure which will reduce the potential for damage to a facility from a disaster event. Hazard mitigation, for the purposes of the state public assistance program, does not include work undertaken to meet current codes, specifications, or standards.
(m) "Incident Period" means the time interval during which the disaster-causing incident occurs. No state assistance under the Act shall be approved unless the damage or hardship to be alleviated resulted from the disaster-causing incident which took place during the incident period or was in anticipation of the incident. The incident period is determined by the director.
(n) "Local Agency" means any city, city and county, county, county office of education, community college district, school district, or special district.
(o) "Local Emergency" means a condition of extreme peril to persons or property proclaimed as such by the governing body of the affected local agency in accordance with Section 8630.
(p) "OES" means the Office of Emergency Services.
(q) "Permanent Work" means that restorative work which must be performed through repairs or replacement, to restore an eligible facility on the basis of its predisaster design and current applicable codes, specifications, and standards.
(r) "Predisaster Design" means that capacity or measure of productive usage for which a facility could be used immediately prior to a disaster.
(s) "Preliminary Damage Assessment" means a process which may be used to determine the impact and magnitude of damage and the resulting unmet needs of local agencies following a disaster. The Preliminary Damage Assessment may be performed by a team consisting of a representative(s) from the affected local agency and a representative(s) from the Office of Emergency Services, in addition to a federal representative(s) if federal assistance is to be pursued.
(t) "Project" means the repair or restoration, or both, other than normal maintenance, or the replacement of, real property of a local agency used for essential governmental services, including, but not limited to, buildings, levees, flood control works, channels, irrigation works, city streets, county roads, bridges, and other public works, that are damaged or destroyed by a disaster. "Project" also includes those activities and expenses allowed under subdivisions (a), (c), and (d) of section 8685. Except as provided in section 8686.3, the completion of all or part of a project prior to application for funds pursuant to this chapter shall not disqualify the project or any part thereof.
(u) "Project Application" means the written application made by a local agency to the director for state financial assistance, which shall include: (1) in the case of a public facilities project, all damage to public real property which resulted from a disaster within the total jurisdiction of the local agency making application; or (2) in the case of a street and highway project, all damage to streets and highways which resulted from a disaster within the total jurisdiction of the local agency making application; or (3) other activities and expenses as allowed in section 8685.
(v) "Project Approval" means the process when a Damage Survey Report (DSR) (OES 90, Rev. 1/03, incorporated by reference) is approved by OES for a scope of work and costs. For construction projects, approval will not occur until after the review and acceptance of plans and specifications by the appropriate reviewing building official. A project approval also constitutes an obligation of funds to the applicant agency.
(w) "Public Facility" means the following facilities owned or leased by a local agency: any flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility; any non-federal aid street, road, or highway; any federal aid street, road, or highway for which Federal Highway Administration Emergency Relief (ER) Program funds have been sought, any other public building, structure, or system, including those used for education, recreational, or cultural purposes; or any park. Unimproved natural features are not considered facilities unless engineered and maintained to provide a public purpose. Lands used for agricultural purposes are not facilities.
(x) "Public Real Property" means any facility owned or leased and operated or maintained by a local agency through monies derived through taxation or assessments. The term "assessment" also includes the sale by a local agency of such services as water and power.
(y) "School District" means any and all public school districts, regardless of kind or class, except a community college district. School district includes those districts defined in sections 80 through 87 of the Education Code.
(z) "Site" means a building or facility, or group of contiguous buildings or facilities with common ownership and within a single jurisdiction. For facilities without a street address, a site is any area of continuous damage of a similar nature within a geographically defined area, and within a single jurisdiction.
(aa) "Special District" means a unit of local government in the state (other than a city, county, or city and county) with authority or responsibility to own, operate or maintain a project, including a joint powers authority established under section 6500 et seq., of the Code.
(bb) "State Agency" means the Department of Transportation, the Department of Water Resources, the Department of General Services, the Department of Health Services, the Department of Finance, or any other state agency or office. The Department of Transportation's area of responsibility concerns streets, roads, bridges and mass transit repairs. The Department of Water Resources' area of responsibility concerns dams, levees, flood control works, channels, irrigation works, and other similar projects. The Department of General Services' area of responsibility concerns buildings, sewer, water systems, and district road and access facility construction, alteration, repair and improvement thereof, and all other projects. The director shall assign applications to the appropriate agencies for investigation.
(cc) "State Eligible Costs" means all project costs eligible under section 8680 et seq., of the Government Code, and shared costs of projects deemed eligible for federal public assistance, after offsetting applicable credits. Applicable credits refer to receipts or reductions that offset or reduce eligible costs. Credits include, but are not limited to: purchase discounts, rebates or allowances, recoveries or indemnities on losses, insurance settlements, refunds or rebates, and funding provided by other sources. Local agencies are expected to first seek federal funding and to exhaust federal appeal rights before seeking state funding. No state assistance will be provided if the local agency has, through its own negligence, failed to pursue maximum federal participation in funding projects.
(dd) "State of Emergency" means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property, within the state, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, or earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a State of War Emergency, which conditions, by reason of their magnitude are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat.
 

  Note: Authority cited: Section 8682.9, Government Code. Reference: Disaster Assistance Act, Chapter 7.5, Division 1, Title 2 (Section 8680, et seq.) Government Code. 
  
 





s 2910. Cost Eligibility.
 (a) General Provisions:
(1) Local agency costs or expenditures are eligible for state financial assistance provided such expenditures relate directly to an eligible disaster event;
(2) Expenditures included in local agency applications for state financial assistance must be reasonable and in accordance with a local agency's standard cost allocation procedure, and,

(3) No state financial assistance will be provided to a local agency for damages caused by its own negligence. If negligence by another party results in damages, assistance shall be provided, but shall be conditioned on agreement by the applicant agency to cooperate fully with the state in all efforts necessary to recover the costs of such assistance from the negligent party.
(b) Wages:
The following wage costs are eligible for state financial assistance:
(1) Local agency personnel costs incurred as a result of the disaster are eligible for funding or reimbursement, excluding the straight or regular time salaries and benefits of an applicant's permanently employed personnel performing emergency work.
(2) Overtime granted as compensatory time off (CTO) is reimbursable and shall be based on the standard rate (i.e., regular cash rate) for overtime pay; and,
(3) Wage additive costs, including retirement contributions, vacation, sick leave and other fringe benefit costs assessed against the regular wage rate of employees engaged in disaster related work activities.
(c) Local Share:
Matching fund assistance for cost sharing required under federal public assistance programs is an eligible cost. Public assistance programs include supplementary federal assistance for local agencies, other than assistance for the direct benefit of individuals and families. Such assistance shall also meet the eligibility requirements of the Act.
(d) Engineering and Feasibility Studies:
(1) The director shall approve an estimate for the cost of basic engineering services, when determined necessary for construction projects.
(2) The costs of special engineering services, such as surveys, soil investigations, or feasibility studies for repair vs. replacement determination, will be approved separately when necessary to accomplish eligible work.
(3) Any reimbursement for architectural, construction management, or engineering services shall be based on reasonable actual costs.
(e) Equipment:
The director shall authorize reimbursement of certain types of equipment costs as follows:
(1) Actual equipment rentals;
(2) Equipment costs for applicant-owned equipment shall be claimed based on the applicant's own rate schedules or in the absence of such a rate schedule, on current Department of Transportation (CALTRANS) Labor Surcharge and Equipment Rental Rates. Equipment rates must cover normal costs of lube, repair, overhaul, depreciation, interest, insurance, storage, and taxes. For self-powered equipment, the schedule must include fuel and oil. The director reserves the right to audit claims for the reimbursement on applicant-owned equipment.
(3) Equipment mobilization and demobilization costs for applicant-owned equipment, including transportation costs to and from the disaster sites. Equipment operation time should be supported by use logs and operator time sheets; and,

(4) Stand-by time shall be allowed for rental equipment, if determined cost effective by the director. Stand-by time shall not be allowed for applicant owned-equipment.
(f) Interagency Assistance Agreements:
Costs for work performed under interagency assistance agreements, including but not limited to contracts or cooperative agreements or assistance-for-hire agreements between local governments or between local governments and state agencies, are eligible for reimbursement, but are limited to those costs of the responding entity for which an eligible applicant is legally obligated to pay. Eligible costs shall include only those reasonable costs invoiced or billed in accordance with reimbursement provisions contained in such interagency assistance agreements.
(g) Other Direct Costs:
The following local agency costs shall be considered direct costs for purposes of these programs:

(1) Salaries and benefits of first-line supervisors. No administrative salary and benefit costs above first-line supervision may be claimed as a direct cost;
(2) Actual travel and per diem costs;
(3) The costs of supplies and materials used during response activities; and,
(4) Other direct costs which may be considered eligible by the director, including costs relating directly to the disaster which are not otherwise funded by federal or state disaster assistance programs, or which are not expressly prohibited by federal or state law, federal regulations, these regulations or prohibited by the federal or state constitution.
(h) Indirect and Administrative Costs:
A local agency will receive a ten percent (10%) administrative allowance, applied as a percentage against the total approved state share to cover reasonable indirect costs and the necessary costs of requesting, obtaining, auditing, and administering state disaster assistance funds.
(i) Ineligible Costs:

A local agency shall not receive state assistance for the following types of costs or expenditures:
(1) Expenditures for personal property such as books, furniture, and equipment;
(2) Income, revenues, wages, or rents lost by a local agency due to the disaster event;
(3) Expenditures on normal or deferred maintenance activities;
(4) Expenditures for facility betterment beyond current codes, specifications, and standards of present day construction. Betterment costs must be presumed by the local agency.
(5) Expenditures for hazard mitigation projects not required by federal or state laws, or regulations;
(6) Expenditures for legal services, fees, or penalties necessitated or caused by lawsuits or any out-of-court settlements pertaining to a disaster;

(7) Expenditures for insurance required by the Federal Emergency Management Agency's (FEMA) regulations or for damage to a portion of a facility covered by insurance;
(8) Expenditures for rights-of-way, easements, or land acquisition;
(9) Losses for which an entity has legal means of recoupment;
(10) Interest or other debt expense incurred on funds borrowed to meet disaster related expenses;
(11) Expenditures for damages caused by the local agency's own negligence;
(12) Expenditures prohibited by federal or state law, federal or state regulations, or the federal or state constitution; or,
(13) An increase in the state share which is a result of missed deadlines, penalties or which otherwise results from non-compliance with the requirements of other public assistance programs related to the disaster.
 

  Note: Authority cited: Section 8682.9, Government Code. Reference: Sections 8680 et seq; 8685, 8685.2, 8685.6, 8686, 8686.4, 8686.6, 8686.8, 8687.2 and 8687.4, Government Code. 
  
 





s 2915. Contracting and Procurement.
 (a) General Provisions:
(1) Applicants receiving federal disaster assistance funds must comply with applicable federal contracting and procurement requirements contained in Title 44, Code of Federal Regulations (CFR), part 13, Sections 13.35 and 13.36, and Office of Management and Budget Circulars (OMB) A-102 (Revised 10/7/94, As Further Amended 8/29/97) and A-110 (Revised 11/19/93, As Further Amended 9/30/99). Funds withdrawn by the federal government, due to non-compliance with the applicable federal contracting and procurement requirements shall result in a loss or reduction of state cost-sharing assistance. The state shall not provide additional funding to an applicant to substitute for federal funding withdrawn as a result of noncompliance with federal regulations.
(2) Any work performed by a state agency, at the request of a local agency, shall be agreed upon in writing and subject to the state Public Contracts Code. Work performed by a local agency shall be subject to the laws governing the performance of such work by the local agency and any other applicable state or federal laws. Neither the state nor any officer or employee thereof shall have any responsibility in connection with any work performed by a local agency.
(3) Any contract executed between the local agency and the director, pursuant to the Act, shall contain a provision under which the local agency agrees to hold the state harmless from damages resulting from the work for which funds are allocated; and
(4) A payment bond is required on all contracts involving expenditures in excess of twenty-five thousand dollars ($25,000), pursuant to sections 3247 and 3248 of the Civil Code, on any public work for a political subdivision including, but not limited to, improvements and replacements of any building, road, bridge or other structure.
(b) Special Provisions for Reclamation and Levee Maintenance Districts:
(1) All work must be bid as required under applicable state or federal laws or regulations or, including 44 CFR, part 13, whichever is the more restrictive. Public Contracts Code, section 20924 requires that districts seeking state or federal assistance comply with the procurement requirements of such state or federal program, if they are more restrictive than the requirements of section 20920 et seq.  If the district's governing board determines that a district is not required to competitively bid work, that determination must be documented in writing with a full statement of the reasons why bids are not required. The determination to bid or not bid shall be approved by the district board prior to contracting, where possible. If such prior approval is not possible, the board must ratify the decision within 15 days after the decision is made.
(2) If the district's governing board determines that a sole source contract is legally justified or that an emergency exists which justifies an exemption, then the district shall utilize informal bids, or shall, at arm's length, negotiate the best possible price. All contracts will be in writing, approved by the district board, and supported by documentation justifying the price and detailing the negotiations as required in 44 CFR, part  13, or other appropriate law or regulation. All contracts must clearly indicate the specific work to be performed and the time and location of performance of the work, and require the maintenance of adequate source records for audit. Contracts must also provide separate unit prices for emergency and non-emergency work, when the contract covers work which will be done under both emergency and non-emergency conditions.
(3) A written contract shall clearly define the responsibility and the compensation of the engineer. The district's governing board must assure adequate contract administration. This shall include, but not be limited to, such items as sticking barges, checking quantities of material and labor, and maintaining adequate auditable records.
(4) In all contracts for work, services, or materials, the contractor must maintain and retain for three years after notification of the start of the retention period by the director, auditable source documents and records, which shall be available for audit by federal or state auditors.
(5) Districts must maintain separate accounts for registered warrants covering approved work and such other records and accounts as are necessary to assure that all approved work is paid for prior to final reimbursement from the state or FEMA.
(6) Districts will certify and provide OES with verification that none of the costs reimbursed by the state under the Act or by FEMA have been claimed or paid through any other state or federal program, including but not limited to work performed under the Delta Levees Subvention Program, Water Code sections 12980 et seq.
 

  Note: Authority cited: Section 8682.9, Government Code. Reference:  Sections 8682.6, 8682.7, 8685.7, 8685.8 and 8690.6, Government Code. 
  
 





s 2920. Emergency Work.
 (a) General Provisions.
(1) Emergency measures undertaken to save lives, to protect public health and safety, and to protect property in a jurisdiction proclaimed to be in a state of emergency by the Governor, are eligible for state financial assistance under section 8685.2 of the Code;
(2) When immediately necessary and no lesser emergency work is feasible, permanent restorative work on facilities damaged or destroyed by a disaster or emergency may be expedited as emergency work; and,

(3) Compliance with codes, specifications, and standards applicable to permanent restoration work is not necessary for emergency work. When a state of emergency has been proclaimed and circumstances are such that permanent restoration of a facility can be quickly accomplished, or when no practical emergency alternative is available, eligible work should be considered under permanent restoration categories. For typical emergency work not requiring formal plans and specifications, consulting engineering services shall not normally be approved.
 

  Note:    Authority cited: Section 8682.9, Government Code. Reference:  Section 8685, Government Code. 
  
 





s 2925. Debris Removal.
 (a) General Eligibility
(1) Debris removal from publicly and privately-owned lands and waters, undertaken in response to a state of emergency proclamation by the Governor is eligible for state financial assistance; and,
(2) For purposes of this program, the removal of debris from private property shall be reimbursed only when there is an immediate threat to public health and safety. In a case where reimbursement for debris removal from private property is authorized by the director, the following requirements shall apply, unless waived in part or full by the director:
(A) The property owner must remove all disaster-related debris from the property to the curb or public right-of-way;
(B) The local agency must obtain a signed statement from the property owner to the effect that the property owner does not have insurance covering the removal of the disaster-related debris; and,
(C) The local agency must have a signed statement from the property owner giving the local agency the right of entry and absolving the local agency and the state of any liability relative to removal.
(b) Criteria
Debris removal shall be considered necessary when removal will:
(1) Eliminate immediate threats to life, public health, and safety;
(2) Eliminate immediate threats of significant damage to improved public or private property; or,

(3) Be necessary for the permanent repair, restoration, or reconstruction of damaged public facilities.
(c) Examples of Eligible Work
(1) Removing debris such as pieces of destroyed buildings, structures, signs, or broken utility poles;
(2) Removing loose or broken sidewalks and driveways; or,
(3) Removing fallen trees.
 

  Note: Authority cited: Section 8682.9, Government Code. Reference:  Sections 8685 and 8685.2, Government Code. 
  
 





s 2930. Emergency Protective Measures.
 (a) General Eligibility
Emergency protective measures, undertaken in response to a disaster event resulting in a state of emergency proclamation by the Governor, to save lives, to protect public health and safety, and to protect improved property are eligible for state financial assistance under Section 8685.2 of the Code.
(b) Criteria
Emergency protective measures shall include, but are not limited to, search and rescue, demolition of unsafe structures, warning of further risks and hazards, public information on health and safety measures, and actions necessary to remove or to reduce immediate threats to public property, or to private property when in the public interest, or temporary protective measures designed to protect public or private property from further damage.
(c) Examples of Eligible Work
The state shall provide financial assistance for equipment and labor costs, and the costs of supplies and materials used during disaster response activities:
(1) Buttressing, bracing or shoring to protect structures in imminent danger of major damage or to protect the general public;
(2) Construction of emergency flood protective levees where immediately required for the protection of life and improved eligible property. Work by individuals to protect their homes or businesses is not eligible;
(3) Sandbagging to protect life and property;
(4) Boarding up windows and other enclosures of public buildings to afford protection against the elements and to safeguard from looting;
(5) Out-of-pocket expenses for safety barricades, signs, and warning devices;
(6) Cost of extra personnel required during the emergency period. Justification for additional staffing may be requested by the director; and,
(7) Extraordinary costs associated with emergency snow removal.
(d) Limitations on Emergency Protective Measures
(1) Repairs to levees shall be limited to that work necessary to stop the infiltration of water through a levee to prevent the collapse of a levee, to prevent sloughing of the slopes of the levee, to stop local overtopping, or to protect a levee from attack by wind-driven waves or erosive currents; and,
(2) Work that is immediately necessary as the result of a disaster and directly related to eligible permanent work  shall be approved by the director as emergency protective measures. Examples of such work include temporary repairs to damaged buildings or structures, barricading areas to protect damaged property or to direct traffic, costs of emergency hook ups, tapping the water system of an adjoining community until normal supply facilities become operational, by-passing damaged sections of the distribution system until emergency repairs can be made, hooking into privately owned or other public power sources pending repairs to the applicant's generating plant, or cleaning of storm and sanitary sewer lines; and,
(3) Emergency protective facilities installed will be eligible for removal under the Act, only when such facilities are directly affecting the operations of, or access to, public facilities required by the applicant in its normal day-to-day operation. Examples include temporary dikes and levees, security fences, and barricades.
(4) In a case where reimbursement for the demolition of a damaged public facility or a privately owned building is approved by the director, the following standards shall apply, unless waived, in part or in full by the director, explaining in writing the facts and reason for the waiver:
(A) The local agency must clearly possess the legal authority and responsibility to demolish the damaged facility. The local agency must also show that such demolition does not constitute a "taking" which would require the payment of compensation to the property owner;

(B) The local agency requesting approval of building demolition of privately owned-buildings must be able to demonstrate that the property owner has no other source of funding to pay for structure demolition;
(C) The local agency must have inspected each building and determined it to be a health or safety hazard. The local agency must have a certification to this effect signed by the appropriate agency official;
(D) The local agency must have a signed statement from the property owner to the effect that the property owner does not have insurance covering the damage or the demolition of the building;
(E) The local agency must have a signed statement from the property owner giving the local agency the right of entry and absolving the local agency and the state of any liability relative to demolition and removal;
(F) The local agency must also comply with any other applicable state or federal health and safety regulation, law, or general requirements; and,
(G) Eligibility is limited to the cost of demolishing designated buildings to the top of the foundation, removal and hauling debris to the waste-site, and back-filling of basements to a safe condition.
 

  Note: Authority cited: Section 8682.9, Government Code. Reference:  Sections 8685 and 8685.2, Government Code. 
  
 





s 2940. Permanent Work.
 (a) Repair and Restoration of Public Facilities
Disaster related repair or permanent restoration work is eligible for state financial assistance if the following criteria are met:
(1) The damaged facility is public real property owned or leased by the applicant agency, and in service, at the time of the disaster. This restriction does not apply to a facility temporarily removed from service due to repair, maintenance, restoration, or reconstruction activities;

(2) The repair or restoration of the damaged facility is determined to be in the general public interest;
(3) The repair or restoration work must be of a permanent nature, in accordance with current codes, specifications, and standards;
(4) Reimbursement for the repair or restoration of eligible public facilities shall be based on the design of the facilities as they existed immediately prior to the disaster, and in conformity with current codes, specifications, and standards. Any costs associated with betterment of the facility must be contributed by the local agency; and,
(5) Prior to completing any betterments to a facility for which state funds have been authorized for repair or restoration under this chapter, the applicant shall submit a written request to the director, or his/her designee, which details the additional work to be completed.
(b) Replacement of Public Facilities
The director will approve funding for the replacement of a public facility, provided the following criteria are met:

(1) The costs to repair disaster damages to the public facility exceed fifty percent (50%) of the total cost of constructing a replacement facility and it is not feasible to repair the damaged facility; or,
(2) The damaged facility cannot be restored or repaired in such a manner that the facility can perform the function for which it was being used immediately prior to the disaster;
(3) If the director authorizes replacement of a public facility, the local agency may increase the square footage of the facility replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency;
(4) Funding for a public facility which is replaced through a grant of state assistance shall be based on the cost to replace the predisaster capacity of the predisaster facility, with allowances for current codes, standards, and specifications; and,
(5) Prior to completing any betterments to a facility for which state funds have been authorized for replacement under this chapter, the applicant shall submit a written request to the director, or his/her designee, which details the additional work to be completed.
 

  Note: Authority cited: Section 8682.9, Government Code. Reference:  Sections 8685 and 8686.4, Government Code. 
  
 





s 2945. Streets, Roads, and Bridges.
 (a) General Eligibility
Existing streets, roads, and bridges, maintained with Highway Users Tax Funds by an eligible applicant, are eligible for permanent repair or replacement.
(b) Limitations of Eligibility
(1) Permanent restoration of damaged or destroyed facilities will be on the basis of the design of such facility as it existed immediately prior to the disaster, in conformity with current codes, specifications, and standards to accommodate present day traffic; and,
(2) If no standards are applicable, repair or replacement shall be limited to the costs of returning the facility to predisaster condition based on the existing design. If damages to a facility are not extensive and a facility is economically repairable, repairs only will be approved.
(c) Criteria for Roads and Streets
(1) Hard road surfacing damaged to an extent as to make patching impractical may be replaced to its predisaster condition to provide an all-weather road to permit normal flow of traffic;
(2) Roads and streets in urban areas where necessary repairs are required from curb to curb are eligible;
(3) Items such as manholes and curbs damaged by the disaster are eligible;
(4) Public sidewalks are eligible for repair or replacement if they are within the right-of-way and are the responsibility of the local agency;

(5) Repairs to alleys which provide an essential service and are the responsibility of the local agency are eligible;
(6) Repair or replacement of traffic control signs and signal lights are eligible;
(7) Gravel and unimproved roads subject to width limitations are eligible providing the repairs do not constitute an improvement over their predisaster condition; and,
(8) Shoulders and embankments are eligible for repair or replacement.
(d) Criteria for Bridges and Crossings
(1) Construction of bridges and crossings will follow the local agency's current standard of design. Estimates will be prepared on a state DSR (OES 90, Rev. 1/03, incorporated by reference) with a Bridge Survey completed as an attachment;
(2) Publicly owned water and sewer lines or utility services carried by an existing bridge which has been damaged or destroyed are eligible. The scope of proposed work and estimated cost shall be shown separately on a state DSR (OES 90, Rev. 1/03, incorporated by reference);
(3) Where an essential bridge has been destroyed or damaged to an extent that repairs are not technically or economically feasible, the inspector may recommend an alternate method of replacement. If it can be shown that current codes, specifications, and standards are being met and no greater costs are involved, the applicant may construct a culvert or low-water crossing at the original location or alternate site. If an alternate site is chosen, the cost of acquisition of real estate or right-of-way for relocation purposes must be borne by the applicant; and,
(4) Bridges (including foot bridges) not owned by and not the direct responsibility of the local agency are ineligible.
(e) Criteria for Culverts and Low-Water Crossings
(1) Capacity of a replacement culvert will be based on the predisaster design, in conformity with present-day standards; and,
(2) The cost of replacing a damaged or destroyed culvert or crossing with one that will more adequately serve the present and future public needs may be authorized, but the cost of the betterment, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility is the responsibility of the local agency. Estimates will be made on the basis of the design of the facility as it existed immediately prior to the disaster, in conformity with current codes, specifications, and standards.
 

  Note: Authority cited: Section 8682.9, Government Code. Reference:  Sections 8685 and 8686.6, Government Code. 
  
 





s 2950. Dikes, Levees and Flood Control Works.
 (a) General Eligibility
Flood control, drainage, irrigation works, pumping stations, and facilities which are operated or maintained by an eligible applicant and which do not come within the provisions of another statutory authority are eligible for permanent repair, restoration, or replacement.
(b) Limitations of Eligibility
(1) Earth filled dikes and levees shall be limited to the previously existing elevation and general cross-section. Finish shall not exceed rough grading. Rip rap eligibility will be limited to replacement; however, the placement of additional rip rap may be allowed if justified by an immediate threat to the location under repair, as an emergency measure;
(2) Appurtenant essential structures are eligible if consistent with the purpose for which the repairs are intended. An impervious core is eligible if definitely required and justified;
(3) Repairs may also include restoration of cutoff walls or closure structures. Repair of erosion damage which was a direct result of the ongoing disaster may be made to the extent necessary to ensure structural integrity of the dike or levee; and
(4) Repair or restoration of the roadway along the top of the structure required to provide access for maintenance and flood control operations will not exceed that which previously existed.
(c) Criteria for Drainage Ditches and Canals
(1) Restoration or repair of drainage ditches and canals which were damaged or destroyed as a result of the disaster, when the responsibility of the local agency, are eligible.
(d) Criteria for Irrigation Works and Facilities
(1) Permanent repair, restoration, or replacement of irrigation works and facilities shall be limited to the reconstruction necessary to restore the facility to its predisaster condition, in accordance with current codes, specifications, and standards. Finish generally shall not exceed rough grading. Rip rap or other protective measures may be included only when justified by threat of immediate erosion damage. Appurtenant essential structures such as drops, checks, siphons, and flumes shall be constructed of appropriate materials consistent with the purpose for which the structures are intended;
(2) Essential buildings pertinent to the operation of the irrigation facilities are eligible under the standards outlined in section 2955 of these regulations; and,
(3) When it is not feasible to reconstruct or repair damaged facilities in their predisaster location, or when savings can be realized by relocation, replacement facilities may be constructed at alternate locations. If an alternate site is chosen, the cost of acquiring real estate or rights-of-way is the responsibility of the applicant.
 

  Note:    Authority cited: Section 8682.9, Government Code. Reference:  Sections 8680.4, and 8686.4, Government Code. 
  
 





s 2955. Public Buildings.
 (a) General Eligibility
Existing local agency buildings, except inactive or abandoned facilities, maintained by an eligible applicant are eligible for state assistance for permanent repair or replacement costs. This restriction does not apply to facilities that are temporarily removed from service for repairs or maintenance.
(b) Limitations of Eligibility
Permanent restoration or repair eligibility for a damaged or destroyed public facility will be on the basis of design of such facility as it existed immediately prior to the disaster, in conformity with current codes, specifications, and standards. The extent of reimbursement shall be controlled by the facility's use and the function it performs for the community. The following information is furnished for guidance:
(1) Damage to the exterior of a building shall be repaired with like materials unless less expensive material is available;
(2) Nonstructural and fixed equipment, such as floors, walls and ceilings, doors and windows, and roofing, is eligible for repair when damaged;
(3) Mechanical and electrical equipment, heating systems, plumbing fixtures, and air conditioning systems are eligible for repair or replacement to the extent of returning the facility to its predisaster condition. Air conditioning will not be approved where it did not exist prior to the disaster event, unless required by current codes, specifications, and standards;
(4) Fixed appliances, dishwashers, garbage disposals, water heaters, light fixtures, and sump pumps plumbed into the structure are considered as a part of the structure and if damaged or destroyed are eligible for repair or replacement;
(5) Electrical wiring, plumbing and utilities, if damaged as a result of the disaster, shall be repaired to conform to local codes;
(6) Replacement of a building may be eligible when a determination has been reached that it would not be economically or technically feasible to make repairs. A suitable replacement structure equal in functional requirements to the facility damaged or destroyed, conforming to current codes, specifications, and standards, may be authorized. In such instances, adequate justification will be detailed in the state DSR (OES 90, Rev. 1/03, incorporated by reference), including comparable cost estimates. The inspector shall ascertain if the entire destroyed facility was being utilized by the applicant prior to the disaster and make appropriate comments on the state DSR (OES 90, Rev. 1/03, incorporated by reference). Functional requirements for the new structure shall take precedence over any design factors;
(7) The state cost estimate for the replacement facility will be based on the floor area of the original building, except in those instances where local codes require a specific footage or area per person; and then only to the extent of the capacity originally intended in the original structure;
(8) Relocation from the original site may, in some instances, be more advantageous and economical. In such cases, the acquisition costs of land, easements or rights-of-way is the responsibility of the local agency; and,
(9) Increased capacity and added operating features are betterments and will be borne by the local agency. Construction materials shall be those types required consistent with the location, usage, and function of the replacement. Long-term maintenance expenses are not considered a controlling factor.
 

  Note: Authority cited: Section 8682.9, Government Code. Reference:  Sections 8685 and 8686.4, Government Code. 
  
 





s 2960. Utilities.
 (a) General Eligibility
Utilities include but are not limited to such services as water, power, and sewage facilities.
(b) Limitations of Eligibility
(1) Repair or replacement of public utilities shall be limited to work necessary to permit a safe resumption of service, in accordance with current codes, specifications, and standards;

(2) By-passing, cleaning, or demolition, when required in making permanent repairs, may be considered but only to the extent that it relates to the permanent repair; and,
(3) Repair or replacement of public utility distribution systems shall be of the same general type of materials as previously existed. If more economical and satisfactory alternate materials which meet current codes, specifications, and standards are available, they shall be used. Essential buildings and related equipment appurtenant to the operation which are classed as real property which were damaged or destroyed as a result of the disaster are eligible.
 

  Note:    Authority cited: Section 8682.9, Government Code. Reference:  Sections 8680.4 and 8685, Government Code. 
  
 





s 2965. Other Projects.
Certain other items, such as repairs to or the replacement of parks or other recreation facilities, district roads and access facilities, or costs associated with temporary facilities, may be eligible for state assistance, subject to the repair or replacement criteria referenced above. Other eligible costs may include any assistance deemed necessary by the director as stated in writing explaining the basis for the finding of necessity.
 

  Note: Authority cited: Section 8682.9, Government Code. Reference:  Sections 8680.4 and 8685, Government Code. 
  
 





s 2970. Application Process.
 (a) Basic Procedures:
(1) To be eligible for assistance under the Act, a city, county or city and county must proclaim a local emergency within ten (10) days of the actual occurrence of a disaster and the proclamation must be acceptable to the director, or the Governor must make a State of Emergency Proclamation. When a county has proclaimed a local emergency based upon conditions which include both incorporated and unincorporated territory of the county, it is not necessary for the cities to also proclaim the existence of a local emergency independently;

(2) The city, county or city and county shall provide the director written notification of a proclamation of local emergency and request for a director's concurrence or State of Emergency proclamation within ten (10) days of the actual occurrence of a disaster. Upon receipt of the city, county or city and county's notification, the director shall issue either (A) approval or denial of the director's concurrence or recommendation that the Governor proclaim a state of emergency, or (B) written notification to the affected city, county or city and county indicating the approximate timeframe for rendering a recommendation. A Preliminary Damage Assessment (PDA) may be scheduled with the affected local agency to obtain additional information. If it is determined that state assistance will be provided, the affected local agency will be notified by the director of such assistance as well as the application procedures;
(3) The director, or his/her designee, shall notify the affected city, county or city and county of the incident period beginning and end dates;
(4) A local agency must submit a Project Application (OES 126, Rev. 1/03, incorporated by reference) to OES within sixty (60) days after the date of a local proclamation. The director or his/her designee may extend this deadline only for unusual or extraordinary circumstances. When filing an application for assistance, an applicant must attach a List of Projects (OES 95, Rev. 7/01, incorporated by reference). Formats other than the OES 95 may be substituted if they contain the required information. Prior to application approval by the state, an applicant shall also submit or have on file a resolution designating an authorized representative. In the event of a federal declaration of a major disaster or emergency, the submittal of a federal Request for Public Assistance (FEMA 90-49, Rev. 9/98, incorporated by reference) within the specified federal application period, will meet the state application requirement;
(5) After receipt of the application and a list of projects, OES will, if necessary, schedule an on-site review of all submitted items, which will be singly detailed on separate DSRs (OES 90s, Rev. 1/03, incorporated by reference). Under normal circumstances, the state will complete DSRs (OES 90s, Rev. 1/03, incorporated by reference) with cost estimates for an applicant agency within sixty (60) days from the date of the local agency application. When a public facility, damaged in a prior disaster event, has not been completely repaired or restored at the time of a subsequent disaster event, the total damage and scope of work for both disasters, excluding the prior disaster work already completed, will be detailed on a DSR. In addition, a separate DSR will be prepared to deobligate any unexpended funds previously provided for the incomplete portion of work;
(6) Upon approval of eligible costs, OES will send copies of the state DSRs  (OES 90s, Rev. 1/03, incorporated by reference) and a computerized summary of all approved costs to the applicant's authorized representative for review and approval. OES will send the completed application to the applicant's designated authorized representative for review and approval with an Applicant Approval Form (CDAA Form 3a, Rev. 1/03, incorporated by reference);
(7) Upon receipt of an Applicant Approval Form (CDAA Form 3a, Rev. 1/03, incorporated by reference), OES will process an allocation for the state share of approved costs through the State Controller's Office. An authorized representative's signature on the approval form allows the state to process an allocation of funds. An applicant does not forfeit the right to a fair hearing or an appeal, by signing the Applicant Approval Form;
(8) If the Governor proclaims a state of emergency or a catastrophic failure due to excessive damage to Federal Aid System (FAS) Roads, the Governor may request emergency funds pursuant to section 125 of title 23 of the U.S. Codes. Upon concurrence of a natural disaster or catastrophic failure by the Federal Highway Administration (FHWA), an Emergency Relief (ER) program will be administered by the California Department of Transportation (CALTRANS);
(9) All projects in the local agency application under the Act on FAS roads, which are to be financed in whole or in part from federal ER funds under an approved ER program, shall be transferred to and administered by CALTRANS in accordance with FHWA policy and procedures unless retained and administered by OES. A separate local agency-CAL TRANS state agreement will be entered into covering those ER projects that are transferred;
(10) CALTRANS, by agreement with OES, will be given authority to work directly with local agencies on projects that are transferred when ER funds are involved. CALTRANS will remit to the local agencies any and all amounts due them from the share of costs assessable against federal ER funds; and,
(11) When all work is satisfactorily completed and the agreement is administratively closed, CALTRANS will provide all final documentation and the closing date of the agreement to OES. This will allow OES and CALTRANS to make a final settlement with local agencies on the approved and accepted projects relating to FAS routes, non-FAS routes and other public facilities restored or replaced under the Act.
(b) Special Procedures for School Districts:
(1) Upon implementation of the Act, OES will notify the Superintendent of Public Instruction of the availability of state financial assistance, providing copies of eligibility guidelines and instructions and forms, for distribution to affected school districts;
(2) An affected school district must submit a Project Application (OES 126, Rev. 1/03, incorporated by reference) , to the Superintendent, within sixty (60) days from the date of the local proclamation. The director, or his/her designee, may extend this deadline only for unusual circumstances. When filing an application for assistance, an applicant must attach a separate List of Projects (OES 95, Rev. 7/01, incorporated by reference) for each affected school within the district. Formats other than the OES 95 may be substituted if they contain the required information. Prior to funding authorization, an applicant school district must also submit or have on file a resolution designating an authorized representative;
(3) After the review and approval of the application for assistance, the Superintendent will forward the original Project Application (OES 126, Rev. 1/03, incorporated by reference), list of projects, and any other supporting documentation to the director for processing by OES;
(4) After receipt of the application and a list of projects, OES will, if necessary, schedule an on-site review of all submitted items, which will be singly detailed on separate DSRs (OES 90s, Rev. 1/03, incorporated by reference). Under normal circumstances, the state will complete DSRs (OES 90s, Rev. 1/03, incorporated by reference) with cost estimates for an applicant agency within sixty (60) days from the date of the local agency application;
(5) The completed application will also include a computerized summary of all approved costs by line item. OES will send the completed application to the applicant's designated authorized representative for review and approval with an Applicant Approval Form (CDAA Form 3a, Rev. 1/03, incorporated by reference);
(6) Upon receipt of an Applicant Approval Form (CDAA Form 3a, Rev. 1/03, incorporated by reference), OES will process an allocation for the state share of approved costs through the State Controller's Office. An authorized representative's signature on the approval form allows the state to process an allocation of funds. An applicant does not forfeit the right to a fair hearing or an appeal, by signing an Applicant Approval Form (CDAA Form 3a, Rev. 1/03, incorporated by reference); and,
(7) Funds paid against approved claims will be disbursed to the appropriate County Office of Education. All school district applicants are required to comply with the provisions of the U.S. Department of Education, when federal school disaster assistance programs are implemented in accordance with Public Laws 81-815 and 81-874.
(c) Time Limitations for Work Completion:
(1) In the event of a director's concurrence with a local proclamation or a state of emergency proclamation involving no federal assistance, the deadlines shown below are set from the date of the local proclamation and apply to all projects. Applicants receiving federal major disaster or emergency assistance are expected to comply with federal regulations, which establish deadlines according to the date that a major disaster or emergency is declared;
(2) Completion deadlines:



            TYPE  MONTHS
Debris clearance       6
  Emergency work       6
  Permanent work      18

 
(3) The director may impose less stringent deadlines for work completion, if considered appropriate; or
(4) The director may extend work completion deadlines for extenuating circumstances or unusual project requirements beyond the control of an applicant. Requests for time extensions, with appropriate justification, shall be submitted by an applicant as soon as it becomes apparent that the applicable deadline cannot be met.
(d) Supplements:
(1) During the performance of approved work, an applicant may discover that actual project costs exceed the approved DSR estimate. A supplement should be requested:

(A) When there is a change in the scope or method of performing approved work; or,
(B) When it is discovered that there is a substantial cost overrun to perform approved work.
(2) An applicant may submit a supplement request for a substantial cost overrun, in letter form, to OES in a timely manner and, whenever possible, prior to the completion of the work in question. The request shall contain sufficient documentation to support the eligibility of all claimed work and costs. However, cost overruns may also be addressed at the time of Final Inspection;
(3) Requests for a change in project scope must be filed, in writing, prior to work commencement and shall contain sufficient documentation to support the eligibility of all additional proposed work and costs; and,
(4) OES shall formally notify the applicant of the determination. Approved supplements are processed in the same manner described above for a project application.
(e) State Share:
For any eligible project, the state share shall amount to no more than 75 percent of the total state eligible costs unless the local match is waived by either the director in accordance with section 8687.2 of the Government Code or by amendment to the Code. The state shall make no allocation for any project application resulting in a state share of less than two-thousand five-hundred dollars ($2,500). This provision shall not apply to those project applications which result in a state share of $2,500 or greater and are subsequently reduced.
(f) Advances:
(1) Funds may be advanced for up to ninety percent (90%) of an applicant's approved allocation. Requests for advances should be made using a Request for Advance of Funds (CDAA Form 3a, Rev. 1/03, incorporated by reference). No request for an advance will be processed prior to OES's receipt of a resolution designating an authorized representative. Advances shall be provided to applicants in order to meet current obligations and anticipated expenditures for a ninety (90) day period. The state reserves the right to request documentation justifying large advances.

(2) As a requirement of this program, an applicant must establish a special fund or account for the deposit of any state funds received. Under no circumstances should expenditures be made from this fund/account for non-approved disaster related items. Furthermore, all expenditures drawn on this account must be applied toward damages sustained from the specified disaster for which funds were advanced. Any interest earned from state funds is the property of the state and must be refunded.
(g) Loans and Deferred Payments:
(1) The director may loan money to a local agency, if in the director's opinion, the local agency is currently unable to meet its financial obligations under the Act.
(2) Money may be loaned to a local agency for purposes of ensuring that the local agency is able to meet its local share matching requirements; for the repair or replacement of a public facility, or, for any other purpose which the director considers a loan of money, necessary and appropriate.
(3) The loan agreement executed between the director and the local agency must comply with the State Contract Act and will provide for repayment of the principle and interest within ten years from the date of execution of the agreement. Interest will be estimated at an amount equal to the revenue which the state would have derived by investing the total loan amount, at the interest rate prevailing for legal state investments, on the date the loan is made.
 

  Note: Authority cited: Section 8682.9, Government Code. Reference:  Sections 8680.5, 8682.8, 8685, 8685.2, 8685.4, 8685.6, 8685.8, 8686, 8686.1 and 8686.8, Government Code. 
  
 





s 2980. Final Claim Process.
 (a) Forms:
After completing all approved work items, a local agency must file a final claim with OES. Final claim documents shall be completed and submitted within sixty (60) days of the completion of all eligible work items.  Final claim documents are as follows:

              Disaster Type                       Final Claim Form
         State-only under a          CDAA Project Summary (CDAA 4)

director's concurrence with       Project Summary Certification of
       a local emergency or           Documentation (CDAA Form 4a,
        Governor's state of  rev. 1/03, incorporated by reference)
     emergency proclamation
        and cost-share with
federal programs other than
                       FEMA
       Cost share with FEMA          Federal Project Listing (P.4)
      disaster or emergency

 
(b) Claimed Costs:
When preparing a claim, all eligible items approved in the application must be included, even though the total amount expended may exceed the amount approved by OES. Substantial cost overruns in excess of the approved application amount shall be submitted to OES for approval prior to filing a final claim.
(c) Final Inspections:
(1) All costs and work items included in an applicant's claim are subject to final review and inspection by the state. OES or a state agency, assigned by OES, as authorized under section 8685.4 of the Code, may perform an on-site review of any or all completed work items. All supporting claim documentation must be at one specific location to facilitate inspection and audit processes. Inspectors shall have access to original source documentation at the time of final inspection; and,
(2) Final supplements to approved applications will cover cost over-runs and under-runs.
(d) Audits: The director shall conduct audits and investigations as necessary to ensure compliance with these regulations and, in connection therewith, may question such persons as may be necessary to carry out such audits and investigations. In order to make audits, examinations, excerpts and transcripts, Federal and State auditors, and the director, or their duly authorized representatives, shall have the right of access to any books, documents, papers, or other records which are pertinent to any activity undertaken or funded under these regulations. The rights of access shall last as long as the records are retained if retention exceeds what is required under these regulations.
(e) Retention Requirements for Records: The director will notify each applicant of the starting date of the retention period. The applicant shall retain all financial and program records, supporting documents, statistical records, and other records reasonably considered as pertinent to program regulations, or the grant agreement, for three years from the starting date of the retention period.
(f) Original Source Documentation: Microfilm, microfiche, or other representations of original source documents may be accepted in lieu of original source documents, if the local agency provides to OES an independent or internal auditor's report attesting to the accuracy of the alternate forms of original source documents.
(g) Final Funding Determination: Any funds owed to an applicant by the state shall be paid after final determination of eligible costs by OES, upon review of the final inspection report or audit. OES shall invoice applicants for funds owed to the state.
 

  Note: Authority cited: Section 8682.9, Government Code. Reference:  Sections 8682.8, 8683, 8685.4 and 8690.6, Government Code. 
  
 





s 2990. Fair Hearing Process.
In the event of a dispute or grievance between the local agency and the state concerning the application, the following administrative procedures shall be followed by both parties, prior to either party seeking judicial review:
(a) Level One:
The local agency shall first discuss the grievance with the field representative assigned by the OES Disaster Assistance Division. If the grievance cannot be resolved at this stage, the local agency shall direct the grievance, together with any information in writing, to the deputy director, OES Disaster Assistance Division or his/her designee, within sixty (60) working days of receipt of notification of the issue to be grieved, unless this deadline is extended by OES. The grievance must state the issues in the dispute, the legal authority, or other basis for the local agency's position, and the remedy sought. The deputy director, OES Disaster Assistance Division or his/her designee, shall make a determination on the grievance within sixty (60) working days after receipt of the written communication from the local agency. The deputy director, OES Disaster Assistance Division or his/her designee, shall respond in writing to the local agency indicating the decision reached and the reasons therefor. Should the local agency disagree with this decision, the local agency may appeal to the second level.
(b) Level Two:
The local agency shall prepare a letter indicating why the deputy director of OES' Disaster Assistance Division's or his/her designee's decision is unacceptable, attaching to it the local agency's original statement of the dispute with supporting documents, together with a copy of the deputy director of OES' Disaster Assistance Division's or his/her designee's response. This letter shall be sent to the director of OES within sixty (60) working days from receipt of the deputy director of OES' Disaster Assistance Division's or his/her designee's decision, unless this deadline is extended. Based upon a request from the local agency, the director of OES may meet with the local agency representatives to review the grievance and the issues raised. The director of OES shall issue a written decision to the local agency within sixty (60) working days of receipt of the local agency's letter. This written decision shall be deemed a final judgment for purposes of this Fair Hearing Process.
 

  Note: Authority cited: Section 8682.9, Government Code. Reference: Natural Disaster Assistance Act, Chapter 7.5, Division 1, Title 2 (Section 8680 et seq.), Government Code.