reglab/statecodes huggingface dataset:
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 7 - Program 4 Prevention Program › Section 5110.16 - Hierarchy of Hazard Control Analysis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The owner
				  or operator shall conduct an HCA for all existing processes. The HCA for
				  existing processes shall be performed in accordance with the following
				  schedule, and may be performed in conjunction with the PHA schedule:
(1) No less than 50% of existing processes
				  within three (3) years of the effective date of this Article;
(2) Remaining processes within five (5) years
				  of the effective date of this Article.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 7 - Program 4 Prevention Program › Section 5110.17 - Process Safety Culture Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The owner
				  or operator shall develop, implement and maintain an effective Process Safety
				  Culture Assessment (PSCA) program.
(b) The owner or operator shall conduct an
				  effective PSCA and produce a written report and action plan within eighteen
				  (18) months following the effective date of this Article and at least once,
				  every five (5) years thereafter. If the owner or operator has conducted and
				  documented a PSCA up to eighteen (18) months prior to the effective date of
				  this section, and that PSCA includes the elements identified in this
				  subsection, that PSCA may be used to satisfy the owner or operator's obligation
				  to complete an initial PSCA under this subsection. The PSCA shall include an
				  evaluation of the effectiveness of the following elements of process safety
				  leadership:
(1) The owner or operator's
				  hazard reporting program;
(2) The
				  owner or operator's response to reports of hazards;
(3) The owner or operator's procedures to
				  ensure that incentive programs do not discourage reporting of
				  hazards;
(4) The owner or
				  operator's procedures to ensure that process safety is prioritized during upset
				  or emergency conditions; and
(5)
				  Management commitment and leadership.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 7 - Program 4 Prevention Program › Section 5110.18 - Human Factors Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The owner
				  or operator shall develop, implement and maintain an effective written Human
				  Factors Program within eighteen (18) months of the effective date of this
				  Article.
(b) The owner or operator
				  shall include a written analysis of human factors where relevant in the design
				  phase of a major change, incident investigations, PHAs, MOOCs, and HCAs. The
				  analysis shall include a description of selected methodologies and criteria for
				  their use.
(c) The human factors
				  analysis shall use an effective method of evaluating the following: staffing
				  levels; the complexity of tasks; the length of time needed to complete tasks;
				  the level of training, experience, and competency of employees; the
				  human-machine and human-system interface; the physical challenges of the work
				  environment in which the task is performed; employee fatigue, including
				  contractor employees and other effects of shiftwork and overtime; communication
				  systems; and the understandability and clarity of operating and maintenance
				  procedures. The human factors analysis of process controls shall include the
				  following areas:
(1) Error proof
				  mechanisms;
(2) Automatic Alerts;
				  and
(3) Automatic System
				  Shutdowns.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 7 - Program 4 Prevention Program › Section 5110.19 - Accidental Release Prevention Program Management System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The owner
				  or operator shall develop and implement an effective written Accidental Release
				  Prevention Program (ARP) Management System, which shall be reviewed and updated
				  every three (3) years. The owner or operator shall designate the stationary
				  source manager as the person with authority and responsibility for compliance
				  with this section, and shall maintain process safety goals that support
				  continuous improvement.
(b) As part
				  of the ARP Management System, the owner or operator shall develop and maintain
				  written ARP policies and procedures, as described below:
(1) Job descriptions of roles and
				  responsibilities under each section of this Article;
(2) An organizational chart of management
				  positions with responsibilities for each section of this Article;
(3) Written procedures for ensuring the
				  effective communication of safety, operations, and maintenance information
				  among and across process and maintenance personnel, contractors, support
				  personnel, supervisors and senior management;
(4) Policies and procedures to ensure that
				  the findings, recommendations and corrective action of all sections in this
				  Article and the ARP Management System are communicated effectively to employees
				  and employee representatives; and
(5) Policies and procedures to effectively
				  provide for employee participation in all applicable sections in this Article
				  as specified in section
				  5110.13.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 7 - Program 4 Prevention Program › Section 5110.20 - Access to Documents and Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The owner or operator shall provide documents or
					 information developed or collected pursuant to this Article to the UPA upon
					 request.
Note: Authority cited: Section 8585, Government Code; and
						Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585,
						Government Code; and Sections 25531, 25531.2, 25534, 25534.5, 25535 and
						25535.1, Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 8 - Emergency Response Program › Section 5120.1 - Emergency Response Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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
				  5120.2. Owners or operators of
				  Program 4 stationary sources shall comply with the requirements of section
				  5120.2.
(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
				  5120.2 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), is included in the city or county Hazardous Materials Area plans and/or
				  is included in the business plan program, pursuant to Section
				  25507 of the Health & Safety
				  Code. The owner or operator must document that response actions have been
				  coordinated with the local fire department and hazardous materials response
				  agencies;
(2) For stationary
				  sources with only regulated flammable substances held in a process above the
				  threshold quantity, the owner or operator must document that response actions
				  have been coordinated with the local fire department and hazardous materials
				  response agencies; and,
(3)
				  Appropriate mechanisms and written procedures are in place to notify emergency
				  responders when there is a need for a response.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 8 - Emergency Response Program › Section 5120.2 - Emergency Response Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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;
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 9 - Regulated Substances for Accidental Release Prevention › Section 5130.1 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article lists regulated substances pursuant to Section
					 5130.6 (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(i), 25532(l), 25532(m),
						25543.1 and 25543.3, Health and Safety Code; and Section 68.100, Part 68, Title
						40, Code of Federal Regulations.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 9 - Regulated Substances for Accidental Release Prevention › Section 5130.2 - Threshold Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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
				  5130.6.
(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 (one percent or
				  greater by weight, pursuant to (A)) 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
				  5130.6, Table 3;
(ii) Those regulated substances that failed
				  the evaluation pursuant to Section
				  25532(i)(2) of
				  HSC as noted in Section
				  5130.5, Table 3; or,
(iii) Oleum, toluene 2,4-diisocyanate,
				  toluene 2,6-diisocyanate and toluene diisocyanate (unspecified isomer) as noted
				  in Section
				  5130.6.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 9 - Regulated Substances for Accidental Release Prevention › Section 5130.4 - Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 9 - Regulated Substances for Accidental Release Prevention › Section 5130.5 - Exclusion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Flammable substances used as fuel or held for sale as fuel
					 at retail facilities. A flammable substance listed in Section
					 5130.6, 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.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 9 - Regulated Substances for Accidental Release Prevention › Section 5130.6 - List of Substances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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(i)(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(i)(2) and 25543.3, Health and
						Safety Code; and Section 68.130, Part 68, Title 40, Code of Federal
						Regulations.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 10 - Other Requirements › Section 5140.1 - Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 10 - Other Requirements › Section 5140.2 - Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition
				  to inspections for the purpose of regulatory development and enforcement of the
				  federal CAA, the UPA shall periodically audit RMPs submitted under Article 3 of
				  this chapter to review the adequacy of such RMPs and require revisions to RMPs
				  when necessary to ensure compliance with this chapter. To the extent possible,
				  any audit shall be fully coordinated with the Unified Program elements at a
				  stationary source.
(b) The UPA
				  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.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 10 - Other Requirements › Section 5140.3 - Independent Assessments of Program 4 Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After a major incident, the UPA may perform an independent
					 Process Safety Culture Assessment (PSCA), Incident Investigation, evaluation of
					 the ARP management system required under Section
					 5110.19, or Human Factors Analysis
					 on any Program 4 facility.
Note: Authority cited: Section 8585, Government Code; and
						Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585,
						Government Code; and Sections 25531, 25531.2, 25534, 25535 and 25535.1, Health
						and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 10 - Other Requirements › Section 5140.4 - Inspections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The UPA 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.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 10 - Other Requirements › Section 5140.5 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 10 - Other Requirements › Section 5140.6 - Availability of Information to the Public

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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, except for offsite consequence analysis data, pursuant to (b).
(b) The UPA shall ensure that any member of
				  the public has access, by appointment, to a copy of the offsite consequence
				  analysis data, pursuant to Section
				  5070.4. The member of the public
				  may read, but not remove, reproduce, print, scan or image the documents. The
				  UPA may require personal photo identification issued by a Federal, State or
				  local government agency to the person, and may require the person's signature
				  on a sign-in sheet. The UPA may limit a person's access to offsite consequence
				  analysis data to 10 stationary sources in any calendar month.
(c) 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 Sections 68.210, Part 68, and 1400.3, Part 1400,
						Title 40, Code of Federal Regulations.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 10 - Other Requirements › Section 5140.7 - Permit Content and Air Permitting Authority or Agency Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The requirements of this section apply to any stationary
					 source subject to Section
					 5050.4(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 5050.4(a)(1),
				  or,
(B) As part of the compliance
				  certification submitted under Section
				  of Title
				  4070.6(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.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 11 - Local Program Evaluation › Section 5150.1 - Dispute Resolution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Disputes
				  arising between the owner or operator of a stationary source and an UPA under
				  this chapter shall first be decided by the UPA pursuant to a dispute resolution
				  process. Each UPA 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
				  UPA with prompt, written notice of a dispute;
(2) Identify the official(s) or other
				  employee(s) of the UPA who will resolve disputes arising under this
				  Section;
(3) Set procedures and
				  timetables for providing argument and supporting materials to the
				  UPA;
(4) Require that the UPA
				  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 UPA is also a CUPA, providing that such process is consistent with the
				  criteria in (a)(1) through (4) above.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 11 - Local Program Evaluation › Section 5150.2 - Unified Program Agency Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each UPA shall comply with the regulations adopted in this
					 chapter, unless Agency assumes authority pursuant to Section
					 5150.6(c)(1)(D)(ii).
Note: Authority cited: Section 8585, Government Code; and
						Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585,
						Government Code; and Sections 25533(d) and 25534.05(e), Health and Safety
						Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 11 - Local Program Evaluation › Section 5150.3 - Maintenance of Unified Program Agency Authorization and Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In assessing the performance of an UPA, Agency shall
					 consider the following:
(a)
				  Effectiveness of the UPA 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 UPA 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: Section 8585, Government Code; and
						Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585,
						Government Code; and Section 25533(e), Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 11 - Local Program Evaluation › Section 5150.4 - Coordination with the Unified Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Agency
				  shall consider the standards under Section
				  5150.3 to support Agency
				  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, Agency shall consider the requirements of Section
				  5150.3 and Section
				  25404.4 of HSC.
Note: Authority cited: Section 8585, Government Code; and
						Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585,
						Government Code; and Section 25404.3, Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 11 - Local Program Evaluation › Section 5150.5 - Performance Audit Submission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Beginning
				  in fiscal year 1998 (July 1, 1998 -- June 30, 1999), the UPA 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 UPA is meeting
				  the requirements of the program as listed in Section
				  5150.3. 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 UPA 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 UPA to be exempt from the
				  chapter pursuant to Section
				  25534(b)(2).
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 11 - Local Program Evaluation › Section 5150.6 - Unified Program Agency Performance Evaluations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Agency
				  shall periodically review the UPA's 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) Unified Program Agencies shall be
				  reviewed using the standards adopted in Sections
				  5150.3 and
				  5150.5 of these
				  regulations.
(c) If Agency
				  determines that an UPA has failed to meet the performance requirements of
				  subdivision (b), Agency shall, as appropriate, initiate one of the following
				  two processes:
(1) Process 1: Assumption of
				  Authority by Agency. Agency shall serve the UPA with a written Notice of Intent
				  to Exercise Specific Powers (NOIESP), which shall inform the UPA of the
				  Secretary'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 UPA that Agency will exercise;
				  (ii) the date on which the exercise of authority shall commence; and, (iii) the
				  reasons it is necessary for Agency to assume this authority.
(A) Response to the NOIESP. Within 60 days
				  after receipt of the NOIESP, the UPA shall respond by: accepting the terms of
				  the NOIESP; appealing the NOIESP; or submitting a proposed Program Improvement
				  Agreement (PIA). If the UPA fails to respond fully to the NOIESP within 60
				  days, the UPA will be deemed to have accepted the terms of the NOIESP.
(i) Acceptance of the NOIESP. The UPA may
				  accept the assumption of authority described in the NOIESP by serving Agency
				  with written notice of such acceptance. After the UPA accepts, or is deemed to
				  have accepted, the terms of the NOIESP, Agency shall schedule a public hearing
				  pursuant to the terms of section (c)(1)(C).
(ii) Appeal. The UPA may appeal the NOIESP by
				  serving Agency 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, Agency shall follow the procedures set
				  forth in section (c)(1)(B).
(iii)
				  Submission of a PIA. The UPA may respond to the NOIESP by serving Agency with a
				  proposed PIA. After reviewing the proposed PIA, Agency 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).
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 11 - Local Program Evaluation › Section 5150.7 - Agency Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in this Chapter shall limit the authority of Agency
					 pursuant to Section
					 25533(f) of
					 HSC.
Note: Authority cited: Section 8585, Government Code; and
						Sections 25531 and 25534.05. Health and Safety Code. Reference: Section 8585,
						Government Code; and Sections 25533, 25540.5, 25541.3 and 25543, Health and
						Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 2 - California Accidental Release Prevention (CalARP) Program Detailed Analysis › Article 12 - Technical Assistance › Section 5160.1 - Technical Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The owner
				  or operator of a stationary source shall closely coordinate with the UPA 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 UPA when
				  necessary to address compliance with this chapter or safety issues regarding
				  unfamiliar processes.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 1 - General Provisions › Section 1 - (Rule 1) Code of Ethics. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 7-19-77; designated effective 6-28-77 by Resolution A-4690, see Section
					 11445,
					 Government Code (Register 77, No. 30). For prior history, see Register 67, No.
					 22.
2. Amendment filed 10-19-98; designated effective 1-1-98 by
					 Decision 97-12-043. Submitted to OAL for printing only (Register 98, No.
					 43).
3. Amendment of article 1 heading and renumbering of former
					 section 1 to section
					 1.1 filed 9-13-2006; operative
					 9-13-2006 pursuant to Government Code section
					 11351(a)
					 (Register 2006, No. 37).
Note: Authority cited for Chapter 1: Public Utilities
						Code (Stats. 1951, Ch. 764 as amended), particularly Section
						1701
						thereof.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 1 - General Provisions › Section 1.1 - (Rule 1.1) Ethics

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person who signs a pleading or brief, enters an
					 appearance, offers testimony at a hearing, or transacts business with the
					 Commission, by such act represents that he or she is authorized to do so and
					 agrees to comply with the laws of this State; to maintain the respect due to
					 the Commission, members of the Commission and its Administrative Law Judges;
					 and never to mislead the Commission or its staff by an artifice or false
					 statement of fact or law.
1. New
					 section filed 12-4-91; operative 1-20-92. Submitted to OAL for printing only
					 (Register 92, No. 9).
2. Amendment of article heading filed
					 3-23-2000; operative 4-22-2000 (Register 2000, No. 12).
3. Amendment
					 of subsection (d) and new NOTE filed 2-22-2005; operative 3-24-2005 (Register
					 2005, No. 8).
4. Repealer of former article 1.5 heading and section
					 1.1 and renumbering of former
					 section 1 to section
					 1.1, including amendment of
					 section heading, section and NOTE filed 9-13-2006; operative 9-13-2006 pursuant
					 to Government Code section
					 11351(a)
					 (Register 2006, No. 37).
Note: Authority cited: Section
						1701,
						Public Utilities Code. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 1 - General Provisions › Section 1.2 - (Rule 1.2) Construction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These rules shall be liberally construed to secure just,
					 speedy, and inexpensive determination of the issues presented. In special cases
					 and for good cause shown, and within the extent permitted by statute, the
					 Commission may permit deviations from the rules.
1. New
					 section filed 12-4-91; operative 1-20-92. Submitted to OAL for printing only
					 (Register 92, No. 9).
2. Repealer of former section
					 1.2 and renumbering of former
					 section 87 to section
					 1.2, including amendment of
					 section heading and section and new NOTE filed 9-13-2006; operative 9-13-2006
					 pursuant to Government Code section
					 11351(a)
					 (Register 2006, No. 37).
3. Amendment filed 1-8-2014; operative
					 4-1-2014. Submitted to OAL for limited review pursuant to Government Code
					 section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2014, No. 2).
Note: Authority cited: Section
						1701,
						Public Utilities Code. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 1 - General Provisions › Section 1.3 - (Rule 1.3) Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Adjudicatory proceedings" are:
(1)
				  enforcement investigations into possible violations of any provision of
				  statutory law or order or rule of the Commission; and
(2) complaints against regulated entities,
				  including those complaints that challenge the accuracy of a bill, but excluding
				  those complaints that challenge the reasonableness of rates or charges, past,
				  present, or future.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 1 - General Provisions › Section 1.4 - (Rule 1.4) Party Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person
				  may become a party to a proceeding by:
(1)
				  filing an application (other than an application for rehearing pursuant to Rule
				  16.1), petition, or complaint;
(2)
				  filing (i) a protest or response to an application (other than an application
				  for rehearing pursuant to Rule 16.1) or petition, or (ii) comments in response
				  to an order instituting rulemaking;
(3) making an oral motion to become a party
				  at a prehearing conference or hearing; or
(4) filing a motion to become a
				  party.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 1 - General Provisions › Section 1.5 - (Rule 1.5) Form and Size of Tendered Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Documents tendered for filing must be typewritten, printed,
					 or reproduced on paper 8 ½ inches wide and 11 inches long. Any larger
					 attachments must be legibly reduced or folded to the same size. The body text
					 type must be no smaller than 12 points and footnote type must be no smaller
					 than 11 points. The impression must use 1 ½ -line or double spacing,
					 except that footnotes and quotations in excess of a few lines may be
					 single-spaced. Both sides of the paper must be used, where practicable. Pages
					 must be numbered. The left margin must be at least one inch from the left edge
					 of the page and the right margin at last ½ inch from the right edge of
					 the page. A document of more than one page must be bound on the left side or
					 upper left-hand corner. If a transmittal letter is submitted (see Rule
					 1.13(a)), it must not be bound to the tendered document. All copies must be
					 clear and permanently legible.
1. New
					 section filed 12-4-91; operative 1-20-92. Submitted to OAL for printing only
					 (Register 92, No. 9).
2. Repealer of former section
					 1.5 and renumbering of former
					 section 2 to section
					 1.5, including amendment of
					 section heading, section and NOTE filed 9-13-2006; operative 9-13-2006 pursuant
					 to Government Code section
					 11351(a)
					 (Register 2006, No. 37).
3. Amendment filed 5-9-2011; operative
					 6-8-2011. Submitted to OAL for limited review pursuant to Government Code
					 section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2011, No. 19).
4. Amendment filed 1-8-2014; operative
					 4-1-2014. Submitted to OAL for limited review pursuant to Government Code
					 section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2014, No. 2).
Note: Authority cited: Section
						1701,
						Public Utilities Code; and Section
						2, Article XII, California
						Constitution. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 1 - General Provisions › Section 1.6 - (Rule 1.6) Title Page Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All documents tendered for filing must have a blank space of at least 1
				  ½ inches tall by 2 ½ inches wide in the upper right-hand corner
				  for a docket stamp and must show on the first page:
(1) at the top, the heading "BEFORE THE
				  PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA";
(2) in the upper left below the heading, the
				  caption for the proceeding;
(3) to
				  the right of the caption, the docket number (if one has been assigned) or a
				  space for the docket number (if the document initiates a new
				  proceeding);
(4) below the caption
				  and docket number, the title of the document and the name of or shortened
				  designation for the person tendering the document.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 1 - General Provisions › Section 1.7 - (Rule 1.7) Scope of Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Separate documents must be used to address unrelated subjects or to ask the
				  Commission or the Administrative Law Judge to take essentially different types
				  of action (
e.g.
, a document entitled "Complaint and Motion to
				  File Under Seal" would be improper; two separate documents must be used for the
				  complaint and for the motion). Motions that seek leave to file another document
				  (
e.g.
, to accept a later filing or to file a document under
				  seal) shall be tendered concurrently and separately with the document that is
				  the subject of the motion.
(b)
				  Except as otherwise required or permitted by these Rules or the Commission's
				  decisions, general orders, or resolutions, prepared testimony shall not be
				  filed or tendered to the Docket Office. If prepared testimony is issued in
				  support of a filing at the time the filing is made, it shall be served (i) on
				  the service list together with the filing, and (ii) on the Administrative Law
				  Judge or, if none is yet assigned, on the Chief Administrative Law
				  Judge.
1. New
					 section filed 12-4-91; operative 1-20-92. Submitted to OAL for printing only
					 (Register 92, No. 9).
2. Repealer and new section
					 1.7 filed 9-13-2006; operative
					 9-13-2006 pursuant to Government Code section
					 11351(a)
					 (Register 2006, No. 37).
3. Amendment of subsection (a) filed
					 6-4-2009; operative 7-4-2009 (Register 2009, No. 23). Submitted to OAL for
					 limited review pursuant to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h).
4.
					 Amendment of subsection (a) filed 1-30-2018; operative 4-1-2018. Submitted to
					 OAL for limited review pursuant to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2018, No. 5).
Note: Authority cited: Section
						1701,
						Public Utilities Code. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 1 - General Provisions › Section 1.8 - (Rule 1.8) Signatures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  document tendered for filing must have a signature at the end of the document
				  and must state the date of signing, the signer's address, the signer's
				  telephone number, and (if consenting to service by electronic mail) the
				  signer's electronic mail address.
(b) A signature on a document tendered for
				  filing certifies that the signer has read the document and knows its contents;
				  that to the signer's best knowledge, information, and belief, formed after
				  reasonable inquiry, the facts are true as stated; that any legal contentions
				  are warranted by existing law or a good-faith argument for the extension,
				  modification, or reversal of existing law; that the document is not tendered
				  for any improper purpose; and that the signer has full power and authority to
				  sign the document. (See Rule 1.1.)
(c) A document tendered for filing must be
				  signed either by the person on whose behalf it is tendered for filing or by the
				  attorney or representative of the person. If the document is signed by the
				  person, it must be signed as follows:
(1) If
				  the person is an individual or sole proprietorship, by the individual or
				  proprietor.
(2) If the person is a
				  corporation, trust, or association, by an officer.
(3) If the person is a partnership or limited
				  partnership, by a partner or general partner, respectively.
(4) If the person is a governmental entity,
				  by an officer, agent, or authorized employee.