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(continued)
(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 eachcovered process consistent with the process safety information and shall address at least the following elements: (continued)