California Accidental Release Prevention (CalARP) Program

The CalARP Program applies when a stationary source has a process with more than a threshold quantity of a regulated substance as listed in Table 1, 2, or 3 of 19 CCR Section 5130.6.

• “Stationary source” is defined in 19 CCR Section 5050.3(rrr)
• “Process” is defined in 19 CCR Section 5050.3(xx)
• “Regulated substance” is defined in 19 CCR Section 5050.3(kkk) and means any substance, unless otherwise indicated, listed in 19 CCR Chapter 2, Article 9, Section 5130.6.
  • Table 1 – Federal Regulated Substances List and Threshold Quantities for Accidental Release Prevention
  • Table 2 – Federal Regulated Flammable Substances List and Threshold Quantities for Accidental Release Prevention
  • Table 3 – State Regulated Substances List and Threshold Quantities for Accidental Release Prevention

When a threshold quantity of a regulated substance in Table 3 is met or exceeded, an RMP must be submitted to the local UPA, and the  stationary source will be subject to inspections from the local regulator for implementation of the state CalARP program.

When a threshold quantity of a regulated substance in Table 1 or 2 is met or exceeded, federal RMP requirements also apply and an RMP must be submitted to both USEPA and the local UPA. The stationary source will be subject to inspections from both the local regulator for implementation of the state CalARP/RMP program and USEPA for implementation of the federal RMP program. Several state requirements are aligned with the federal requirements in 40 CFR Part 68 more information including RMP resources can be found on the USEPA website. 

Additional Resources: USEPA RMP Webpage,  19 CCR Section 5050.4,  40 CFR Part 68.10

Stationary source is defined as “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.”
CCR Section 5050.3(rrr); HSC Section 25532(n)
40 CFR Section 68.3; 49 CFR Part 192, Part 193, Part 195; 49 USC Section 60105

For stationary sources subject to Program 1, 2, or 3 requirements, 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.” This definition does not apply to Program 4 stationary sources.

For stationary sources subject to Program 4 requirements, process means “petroleum refining activities involving a highly hazardous material, including use, storage, manufacturing, handling, piping, or on-site movement. For the purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located such that an incident in one vessel could affect any other vessel, shall be considered a single process. Utilities and safety related devices shall be considered part of the process if, in the event of an unmitigated failure or malfunction, they could potentially contribute to a major incident. This definition includes processes under partial or unplanned shutdowns. Ancillary administrative and support functions, including office buildings, laboratories, warehouses, maintenance shops, and change rooms are not considered processes under this definition.” 

19 CCR Section 5050.3 (xx) and (yy); HSC Section 25532(g) 

40 CFR Part 68.3

Regulated substance is defined as any substance, unless otherwise indicated, listed in listed in 19 CCR Chapter 2, Article 9, Section 5130.6.

• Table 1 – Federal Regulated Substances List and Threshold Quantities for Accidental Release Prevention
• Table 2 – Federal Regulated Flammable Substances List and Threshold Quantities for Accidental Release Prevention
• Table 3 – State Regulated Substances List and Threshold Quantities for Accidental Release Prevention

19 CCR Section 5050.3(kkk); 19 CCR Section 5130.6; HSC Section 25532(i)
40 CFR Section 68.130

A Risk Management Plan (RMP) is a document prepared by the owner or operator of a stationary source containing detailed information including, but not limited to:

• Regulated substances held onsite at the stationary source;
• Offsite consequences of an accidental release of a regulated substance;
• The accident history at the stationary source;
• The emergency response program for the stationary source;
• Coordination with the local emergency responders;
• Hazard review or process hazard analysis;
• Operating procedures at the stationary source;
• Training of the stationary source’s personnel;
• Maintenance and mechanical integrity of the stationary source’s physical plant; and
• Incident investigation.

Additional Resources: EPA Guidance for Facilities on Risk Management Programs (RMP)

19 CCR Section 5050.5; 19 CCR Article 3; 40 CFR Part 68

Upon submission of a new RMP, the CUPA will review the plan and determine if any deficiencies are present. The facility has 60 days to respond and correct the deficiencies. Once the deficiencies (if any) are corrected, the CUPA posts a public notice indicating that the RMP is complete. Once posted, the CUPA will make the RMP available at our office for public review and comment for 45 days. After the 45-day review period, the CUPA will conduct a final evaluation of the RMP in which any public comments made are considered. This notice is issued as part of the public review process for RMPs, in accordance with the 19 CCR Article 3 Section 5070.2