HomeMy WebLinkAboutRISK MANAGEMENT (4)PACIFIC WOOD PRESERVING
OF BAKERSFIELD, CORP.
RISK MANAG~EiMENT'
AND PREVENTION PROGRAM
(RMPP)
SUPPLEMENTAL .DOCUMENT
PACIFIC WOOD PRESERVING
OF BA~RSFIELD, CORP.
RISK MANAGEMENT
AND PREVENTION PROGRAM
(RMPP)
SUPPLEMENTAL DOCUMENT
PACIFIC WOOD PRESERVING
OF BAKERSFIELD, CORP.
RISK MANAGEMENT AND PREVENTION PROGRAM
(RMPP)
SUPPLEMENTAL DOCUMENT
Prepared By
Luff Environmental COnsulting
3701 Pegasus Drive, Suite 121
Bakersfield, CA 93308
Janua~,1990
TABLE OF CONTENTS
I. PREFACE ......
II. INTRODUCTION
III. CERTIFICATION BY QUALIFIED PERSON AND FACILITY OPERATOR
IV. ACCIDENT HISTORY
V. FACILITY DESCRIPTION
VI. DESIGN, OPERATING AND MAINTENANCE SAFETY SYSTEMS
VII. DETECTION, MONITORING AND CONTROL SAFETY SYSTEMS
VIII. AUDITING AND INSPECTION PROGRAMS
IX. RECORDKEEPING PROCEDURES
X. PERSONNEL AND TRAINING
Xl. EMERGENCY RESPONSE PROCEDURES
Xll. DESCRIPTION OF THE HAZARD AND OPERABILITY STUDY
XIII. OFFSITE CONSEQUENCE ANALYSIS
XIV. IMPLEMENTATION OF THE RMPP
APPENDIX A: RESUMES OF QUALIFIED PERSONS
APPENDIX B: STATUTE WITH AMENDMENTS AND LIST OF AHMS
PWPB/RMPP/January, 1990/Page i Luft Environmental Consulting
RECORD OF REVISIONS
Change Date of Date Signature of Person
Number Change Entered Entering Change
'~ 5601 DISTRICT BLVD.
· -- - BAKERSFIELD, .CA 93313
_. '. -- - - (805.)833-0429. .
' : RECEIVED. 7- -.-Pos. TS
-MAR 2 8 199I -' -.PILINGS
.... . '~ ' · GRAPE STAKES
. HAZ MAT. DIV. ._ LUMBER
Bakersfield Fire Department March 26, 1991
HazardOus Materials Control Unit
At,n: Barbara Brenner
2130."G" Street
Bakersfield, Ca. 93301
Dear- Mrs. Brenner, . _
Regarding .your letter dated March 13, 1991, requesting
further clarification on Sections VI-G and IX, A,B,C2 of the
RMPP.
Section VI-G:-"Preventative .maintenance is performed ·
according to the equipment manufactures, recommendations'.'.
A log book Will be maintained to show a reula-r schedule where
pumps and motors are oiled, greased and checked for alignment.-
This log bOok will also show any and all repairs that requ'ired,~
Section IX,-A,B,C2.. Records are now being maintained fOr
· Hazardous materials inventories.-
~ Maintenance ~ec0rds.
· Daily operations'reports. '
· Employee training ~ecords.'
These records will-be .maintained_ for a.minimum of' ~ years.
Pol-icies and 'Procedures regarding foot 'traffic 'on drip '-pads.
The 'Pad is washed off-on a regular basis a~d chemical- '
.. compounds are.. squeegeed off and not allowed to a~cumalate."
. -. Employees are required to use cautiOn and keep foot traff, ic-
to a minimum. _
.- Employees'are furnished with. uniforms and bo~ts', ~o Which~
- -' they change before leaving the plant. -~.
-I'would like., to take th'iS'T-opportunitY to-thank you-.for-the good
~-- _ review on your inspecti, on. If you 'have any questions regarding.
i;. the above ,.~ please contact D6n Baize'!. 833-0429.-~o ~-~-~-~n~'B~''~~-'~~.-
~ -' ~_~ WEAREHEEPiNG:TOCONSERVE-OURNATIop~,ST~MBEt~'~ESouRcES *_: ._ -..
I. PREFACE
Pursuant to Article 2, Chapter 6.95, Division 20, California Health and Safety Code (H
& S Code), a Risk Management'and Prevention Program (RMP'.P,) must. bepmpared, if
requested by the Administering Agency, for an existing facility which handles listed
acutely hazardous materials. Pacific Wood Preserving of Bakersfield, Corp. (PWPB)
handles arsenic pentoxide and creosote that contains pyrene at levels greater than
those specified in Section 25536 (a), H & S Code.
An RMPP was requested by the Administering Agency for the existing wood treatment
facilities. PWPB submitted an RMPP last year to the Bakersfield City Fire Department
(BCFD). After reviewing the RMPP, the BCFD issued a letter on October 6, 1989 to
request additional information as a supplement to the previous submittal. This
supplemental RMPP document is provided to address the concerns of the BCFD and
to provide certification that the RMPP is complete pursuant to the above stated
statutory requirements.
Section 25534 (I) of the Health & Safety Code states that "[t]he Office of Emergency
Services shall adopt, and publish for distribution, guidelines for the preparation and
submission of risk management and prevention programs." This document is based
on a review of the following publications.
* The requirements of the statute (California Health and Safety Code, Division 20,
Chapter 6.95, Article 2). -
* "Risk Management and Prevention Program Guidance", by the California Office of
Emergency Services, June 1989.
* "Guidelines for Hazard Evaluation Procedures", prepared by Batelle Columbus
Division for the Center for Chemical Process Safety of the American Institute of
Chemical Engineers, 1985.
This document describes the elements of the RMPP and the results of the hazard and
operability study and the offsite consequence analysis. The format of the RMPP
Supporting Document follows, in general, the sequence of items as presented in the
statute.
Throughout this document, section numbers quoted are from Chapter 6.95, Division
20, California Health and Safety Code, unless stated otherwise.
PWPB/RMPP/January, 1990/Page I-1 Luft Environmental Consulting
II. INTRODUCTION
Pacific Wood Preserving of Bakersfield, Corp. (PWPB) chemically treats wood for the
construction and agricultural industries. Two separate processes are employed at the
plant to treat the wood. The first process uses an aqueous solution of cupric oxide,
chromic acid, and arsenic pentoxide as the preservative. Creosote, mixed with fuel oil,
is the second type of preservative.
The batch treatment of the lumber in both processes is very similar. In each process,
the lumber is loaded into a retort cylinder where it is exposed to pressure changes with
and without the preservative flooding the lumber. The treated wood products include
railroad ties, telephone poles, posts and building lumber.
A. ACUTELY HAZARDOUS MATERIALS (AHM)
PWPB utilizes both arsenic pentoxide and creosote containing pyrene, which are
listed acutely hazardous materials, as preservatives in separate treatment
facilities at the Bakersfield Plant. This RMPP supplement addresses in detail the
processes and equipment associated with the storage, handling and use of these
two materials.
B. REQUIREMENTS OF THE STATUTE
Assembly Bill 3777 of 1986 added Article 2 to Chapter 6.95, Division 20, of the
California Health and Safety Code. A summary of Article 2 (excluding
amendments effective January 1, 1990) as it pertains to the PWPB facility is
provided below.
1. Section 25534 (a) of Article 2 states that "... the Administering Agency may
require the submission of an RMPP..."
The Bakersfield City Fire Department (the Administering Agency) requested
that PWPB prepare and submit an RMPP.
2. According to Section 25532(g), a Risk Management and Prevention
Program, or RMPP, "means all the administrative and operational programs
of a business which are designed to prevent acutely hazardous materials
accident risks, including, but not limited to, programs which include design
safety of new and existing equipment, standard operating procedures,
PWPB/RMPP/January, 1990/Page I1-1 Luff Environmental Consulting
preventive maintenance programs, operator training and accident
investigation procedures, risk assessment for unit operations, or operating
alternatives, emergency response planning, and internal or external audit
procedures to ensure that these programs are being:executed as planned."
3. Pursuant to 25534 (d), the RMPP shall be based upon "an assessment of the
processes, operations, and procedures of the business, and shall consider
all of the following:
(1) The results of a hazard and operability study which identifies the
hazards associated with the handling of an acutely hazardous material due
to operating error, equipment failure, and external events, which may
present an acutely hazardous materials accident risk.
(2) For the hazards identified in the hazard and operability studies, an
offsite consequence analysis which, for the most likely hazards, assumes
pessimistic air dispersion and other adverse environmental conditions."
4. An RMPP is to contain the following elements, as specified in Section 25534
(c).
"(1) A description of each accident involving acutely hazardous materials
which has occurred at the business or facility within three years from the
date of the request made [by the Administering Agency], together with a
description of the underlying causes of the accident and the measures
taken, if any, to avoid a recurrence of a similar accident.
(2) A report specifying the nature, age, and condition of the equipment
used to handle acutely hazardous materials at the business or facility and
any schedules for testing and maintenance.
(3) Design, operating, and maintenance controls which minimize the risk of
an accident involving acutely hazardous materials.
(4) Detection, monitoring, or automatic control systems to minimize
potential acutely hazardous materials accident risks.
(5) A schedule for implementing additional steps to be taken by the
business, in response to the findings of the assessment performed, to
PWPB/RMPP/January, 1990/Page 11-2 Luft Environmental Consulting
reduce the risk of an accident involving acutely hazardous materials. These
actions may include any of the following:
(A) Installation of alarm, detection, monitoring, or automatic control devices.
.. (B) Equipment~modifications, repairs, or additions.
(C) Changes in the operations, procedures, maintenance schedules, or
facility design.
(6) Auditing and inspection programs designed to allow the handler to
confirm that the RMPP is effectively carried out.
(7) Recordkeeping procedures for the RMPP."
5. Section 25534 (f) states that "[al handler shall maintain all records
concerning an RMPP for a period of at least five years."
6. Pursuant to Section 25534 (g), the RMPP must "identify, by title, all
personnel at the business who are responsible for carrying out the specific
elements of the RMPP, and their respective responsibilities, and the RMPP
shall include a detailed training program to ensure that those persons are
able to implement the RMPP."
7. Section 25534 (h) requires that "[t]he handler shall review the RMPP, and
shall make necessary revisions to the RMPP at least every three years, but,
in any event, within 60 days following a modification which would materially
affect the handling of an acutely hazardous material."
8. The RMPP, and any required revisions, "shall be certified as complete by a
qualified person and the facility operator", in accordance with Section 25534
(j).
9. Section 25534 (k) states that "[e]xcept as specified in subdivision (d) of
Section 25535 [item 10 below], the handler shall implement all activities and
programs specified in the risk management and prevention program within
one year following the certification made pursuant to subdivision (j) [item 8
above]. Implementation of the RMPP shall include carrying out all operating,
maintenance, monitoring, inventory control, equipment inspection, auditing,
recordkeeping, and training programs as required by the RMPP."
10. In accordance with 25535(d), "It]he owner or operator shall implement all
programs and activities in the RMPP before operations commence, in the
PWPB/RMPP/January, 1990/Page 11-3 Luft Environmental Consulting
case of a new facility, or before any new activities involving acutely
hazardous materials are taken, in the case of a modified facility."
11. Additionally, Section. 25534.1 requires that "[e]very RMPP. '.. Shall give
consideration to the proximity of the facility to schools, general acute care
hospitals, and long-term health care facilities."
C. RMPP ELEMENTS AND REQUIREMENTS
The elements and requirements of the RMPP, in accordance with the statute, are
addressed in the sections of this document listed in Table I1-1.
D. PROCEDURES FOR UPDATING THE RMPP
As required by Section 25534 (h), the RMPP will be reviewed, and revised as
necessary, at least every three years. It also will be revised within 60 days
following a modification which would materially affect the handling of an acutely
hazardous material.
Need for revision of the RMPP will be partially based on the routine inventories
performed for business plan purposes. Pursuant to Section 25510, within 30
days of the receipt of a new hazardous material or a 100% or more increase in a
hazardous material currently on-site, an amendment is to be made to the
inventory form. Filing of an amendment to the inventory form will trigger a review
by PWPB's superintendent. The determination as to whether the RMPP requires
revision will be made at that time.
PWPB/RMPP/January, 1990/Page 11-4 Luft Environmental Consulting
TABLE I1-1
. RMPP ELEMENTS AND REQUIREMENTS
AS SPECIFIED IN CHAPTER 6.95, DIVISION 20,
CALIFORNIA HEALTH AND SAFETY CODE
Section of Chapter 6.95 Section of RMPP Document
25532 (g) VI, VIII, X, XI, XII
25534 (c) (1) IV
25534 (c)(2) V
25534 (c)(3) VI
25534 (c)(4) VII
25534 (c)(5) XIV
25534 (c)(6) VIII
25534 (c)(7) IX
25534 (d)(1) Xll
25534 (d) (2) Xlll
25534 (f) IX
25534 (g) X
25534 (h) II
25534 (j) III
25534 (k) VI, VII, VIII, IX, X
25535 (d) XIV
25534.1 XIII
PWPB/RMPP/January, 1990/Pag911-5 Luft Environmental Consulting
III. CERTIFICATION BY QUALIFIED PERSON AND FACILITY OPERATOR
Section 25534. 0), H & S Code requires that the RMPP shall be certified as complete
by a qualified person and the facility operator. These certifications are provided
below.
I certify that I am qualified to attest to the validity of the hazard and operability studies
performed pursuant to Section 25534, and the relationship between the corrective
steps taken by the handler following the hazard and operability studies and those
hazards which were identified in the studies. Additionally, I certify that this risk
management and prevention program is complete. This certification is based on my
understanding that the data and documents provided by Pacific Wood Preserving of
Bakersfield, Corp. are true and correct and that the plans, programs, and procedures
will be implemented as described.
H~-~J~--~, ~,,x~ Princioal Mechanical En_aineer
Signature Title
Ksrl W. Luft. P.E. · ,,~ '?",-~' ,~ ~)
Name Date
As facility operator, I hereby certify that this risk management and prevention
program is qomplete. ~
- ~~/~ .~x-~~~~.~.... Vi ce president/General Manaoer
~ignature ~ Title
S te0hen K. Rvan /~'~~'~
Name Date
PWPB/RMPP/January, 1990/Page II1-1 Lull Environmental Consulting ·
IV. ACCIDENT HISTORY
Section 25534 (c)(1) of the statute requires that the RMPP include "[a] description of
each accident involving acutely hazardous materials which has occurred at the
business or facility within three years from the date of the request [for the RMPP],
together with a description of the underlying causes of the accident and the measures
taken, if any, to avoid a recurrence of a similar accident."
A. DESCRIPTION OF ACCIDENT
On July 26, 1987, PWPB had an accident in the Chromium-Copper-Arsenic
(CCA) solution storage area. The accident caused a rupture in a CCA work tank
inside the spill containment area. No chemicals were released offsite.
The retort cylinder is usually ~filled and emptied through the use of a vacuum
pump. During the fill cycle, the vacuum pump draws a vacuum on the retort
cylinder dome and pulls the dilute CCA solution from the working tank into the
retort cylinder. After the treating process, the discharge from the vacuum pump is
then routed via a four way valve back to the retort cylinder to discharge the CCA
through a pressure reducing valve back to the work tank.
Vacuum Pump Vacuum Pump
Suction Suction
Retort Vent to Retort ~Vent to
Cylinder Atmosphere Cyhnder -I....,'""~
· - Atmosphere
Vacuum Pump Vacuum Pump
Discharge Discharge
Figure IV-la Normal fill position Figure IV-lb Normal discharge position
The accident occurred when an air supply line to the pneumatic four way valve
failed. Since the air supply line did not have sufficient pressure to operate the
four way valve, the valve position remained in the discharge position as the
process controller timed in the fill cycle. With the four way valve in the discharge
position, the retort cylinder pressured up. When the work tank fill valve opened
PWPB/RMPP/January, 1990/Page IV-1 Luft Environmental Consulting
per the controllers normal sequence of events, the pressure from the retort
cylinder accelerated the CCA fluid in the fill line. The CCA fluid hydraulically
rammed the side of the work tank causing the tank rupture.
-B. ACCIDENT PREVENTION MEASURES
To ensure that the accident would not recur, PWPB installed a spring loaded
valve actuator that positions the valve in the fill position if there is a loss of air
pressure.
PWPB/RMPP/January, 1990/Page IV-2 Luft Environmental Consulting
V. FACILITY DESCRIPTION
In accordance with Section 25534 (c)(2), the RMPP must include "[al report specifying
the nature, age, and condition of the equipment used to handle acutely hazardous
materials at the business or facility and any schedules for testing and maintenance."
This section provides a description of the facility and equipment which handles AHMs.
A. GENERAL DESCRIPTION OF FACILITY
The CCA plant, the first treating facility to be built at this location, was completed
as a new facility in 1979. In 1985, the creosote plant was constructed to provide a
second means of treating wood. Both plants were designed and constructed
according to the applicable laws, ordinances, regulations and standards in effect
at the time.
B. DESCRIPTION OF AHM PROCESS AND EQUIPMENT
CCA PLANT
The CCA compound is 47.5 percent chromic acid, 18.5 percent copper oxide, 34
percent arsenic pentoxide. This CCA compound is mixed with an equal amount
of water by the manufacturer prior to delivery on site. A 6,000 gallon fiberglass
tank is designated as the storage container for this CCA concentrate (50% CCA
compound and 50% water). Normal delivery is approximately 3,000 gallons. The
CCA concentrate orders are placed when the storage tank contains
approximately 600 gallons.
A working concentration of .08 to 1.6 percent CCA concentrate and water is
mixed in a batch process through an electronically controlled, pneumatically
actuated mixing station. As the batch is prepared, it is sent to one of the two work
tanks. Once the batch is complete, the tank is tested to determine if the
concentration meets specifications.
A charge of wood is then loaded into the retort cylinder via railroad trams. After
conditioning the wood by subjecting it to a vacuum in the cylinder, the working
fluid is drawn intothe 'retort'cylinder. Once the wood is submerged in the working
fluid, the hydraulic pressure in the cylinder is increased by a liquid pump to force
PWPB/RMPP/January, 1990/Page V-1 Luft Environmental Consulting
the CCA fluid into the wood. After the pressure cycle is complete, the balance of
the CCA mix is returned to the work tanks.
After a series of pressure treatments, the CCA wOrking fluid,must be replenished;
In accordance with the specifications for the subsequent treatments, CCA
concentrate is mixed with the appropriate amount of water to yield the desired
treatment strength in the working tank. As a quality control measure, the tank
mixture is analyzed in the onsite laboratory when treatment batches are mixed for
the first time, replenished or when the concentration is varied.
CCA mixture concentrations are checked with a hydrometer and an Asoma unit.
The hydrometer readings are compared to an empirically developed CCA wood
preservative specific gravity - concentration chart supplied by the CCA
manufacturer. The Asoma unit is a direct readout device that can analyze liquid
CCA solutions or a sample of treated wood.
CREOSOTE PLANT
Creosote is brought in via railcar and off loaded into either a 36,000 or 19,000
gallon creosote storage tank. During cold weather, steam is used to reduce the
viscosity of the creosote for offloading.
A preservative mixture containing 70 percent number 6 fuel oil and 30 percent
creosote is prepared for the batch treatment process. After a charge of timber or
railroad ties is placed in the retort cylinder, the wood is conditioned by immersing
it in the creosote/fuel oil preservative mix. The preservative mix is then heated by
a shell and tube heat exchanger to approximately 180°F. Heat is supplied to the
heat exchanger by a 150 horsepower King Bros. boiler which was retubed in
1989. In addition to the retubing, all pressure safety valves on the boiler were
replaced in 1989.
Upon reaching treatment temperature, a vacuum is pulled on the retort vessel to
expand the wood cells. This is followed by a pressure cycle to force the creosote
mix into the timber. After the pressure cycle, the balance of the creosote mix is
transferred back to the work tanks via pumps.
The preservative mix is replenished after treatment by manually filling the tanks
with the appropriate volumes of fuel oil and creosote.
PWPB/RMPP/January, 1990/Page V-2 Luft Environmental Consulting
C. SCHEDULES FOR TESTING AND MAINTENANCE
1. Equipment Test Schedules
Components of both of the treatment systems are routinely tested after any
maintenance or repair work is completed. The overall system performance
is monitored daily.
2. Maintenance Schedules
Routine maintenance on the equipment is performed in accordance with the
manufacturer's recommended procedures for each major piece of
equipment. The equipment is visually inspected daily.
PWPB/RMPP/January, 1990/Page V-3 Luft Environmental Consulting
VI. DESIGN, OPERATING AND MAINTENANCE SAFETY SYSTEMS
Section 25534 (c)(3) requires that the RMPP address,.design,,..operating,, and
maintenance controls which minimize the risk of an accident involving acutely
hazardous materials. This section of the RMPP discusses these controls. It also
addresses the design safety of new and existing equipment, standard operating
procedures, and preventive maintenance programs, as required by Section 25532 (g);
and operating and maintenance programs, as required by Section 25534 (k).
A. GENERAL
PWPB's initial facility, the CCA plant, was designed and constructed in 1979 in
accordance with all applicable laws, ordinances, regulations, standards, and
good engineering practices. The second facility, the creosote plant, was similarly
constructed in 1985 to the standards in effect at that time. Each facility is
protected by numerous safety systems which utilize proven and dependable
control technology.
Instrumentation and alarm systems are provided for each treatment system.
These instrumentation and alarm systems allow for the safe operation of the
facility and routine monitoring of the treatment system performance. Several
safety circuits are designed into each system to automatically shut down the
respective treatment system in the event of equipment malfunction or failure.
The facility is properly designed and incorporates a number of measures to
prevent accidents. Pumps were carefully selected to avoid overpressuring the
pipelines and retort cylinder. Even though the pumps are not mechanically
capable of overpressuring the retort cylinders, there are pressure safety valves
set at or below the normal working pressure of the retort cylinders.
B. CONTROL SYSTEMS
1. High Liquid Level Switches
High liquid level float switches are provided on all preservative fluid
tankage. These switches provide an electrical shut off on the pump motors
if, for any reason, the fluid level reaches the floats located two feet below the
tank overflow. If the float switch operates, the system must be reset
PWPB/RMPP/January, 1990/Page VI-1 Luft Environmental Consulting
manually.
Each retort cylinder is equipped with liquid level float switch. The switches
function as a high liquid level shut on each retort cylinder.
2. High Pressure Switches
The retort cylinder in the creosote plant is equipped with a high pressure
shut off switch that activates at 200 psig. This pressure switch is set to
operate, and shut down the pressure pump, prior to the pressure relief
valves opening. If this pressure switch operates, the system is reset
manually.
3. Boiler Controls
In addition to the system controls stated above, the boiler is equipped with
many control functions. In addition to meeting the ASME pressure codes,
the permitted boiler has liquid level alarms and shut downs, pressure switch
shut downs, and pressure relief valves (new in 1989). The boiler was
retubed in 1989.
C. SAFETY EQUIPMENT
1. Pressure Relief Valves
All of the pressure vessels are equipped with pressure relief valves. The
pressure relief valves on the retort vessels are set at or below the maximum
allowable working pressure of the vessel. Typical settings for the pressure
relief valves on the retort cylinders are 250 psig. Maximum pressure ratings
on the cylinders is 450.psig.
2. Eyewash and Shower
Eyewash and safety showers are onsite for each treatment plant.
FIRE PROTECTION SYSTEM
There are three fire hydrants located within the facility. Each hydrant is equipped
with 125 feet of 1.5 inch fire hose stored in appropriate hose houses near the
PWPB/RMPP/January, 1990/Page VI-2 Luft Environmental Consulting
hydrants. Portable fire extinguishers are also available throughout the plant.
E. EMERGENCY SHUTDOWN SYSTEMS
Both treatment systems are operated by a minimum of two people. The
emergency shut down controls for the treatment systems were discussed in
Section B, above.
F. STANDARD OPERATING PROCEDURES
Standard operating procedures exist for each treatment plant. Each operator
goes through an extensive training period. The initial training covers the function
and capability of each piece of equipment as it relates to the treatment process. A
strong emphasis is placed on how to safely Operate the equipment during the
initial training period.
After initial training, the new operators shadow trained and qualified employees
on the operations of the treatment equipment. This training continues until the
operator is fully qualified. To ensure operator qualifications, PWPB has
developed a written questionnaire that covers the treatment process and the
related equipment. The facility has two licensed applicators, licensed by the
State of California Department of Food and Agriculture, at the facility.
PWPB has instituted a program where operators are required to record the
volume of treatment fluids into .a log book. In addition to being a quality control
tool, this procedure ensures that the operators are aware of the volumes of the
working fluids and the current step of the treating process.
There are several programs that PWPB has established that help reduce the
possibility of a contact release of an AHM. A contact release could occur,
although the concentrations are Iow and represent a very Iow health risk, if site
personnel were to leave with contaminated clothing. To help mitigate this, PWPB
furnishes uniforms and change rooms for the operations and maintenance
personnel. This program reduces the risk of an AHM accident associated with
possible exposures from contaminated clothing. General'housekeeping
procedures have also been stipulated to help reduce the possibility of, and the
degree of, contaminating clothing. These housekeeping procedures include
washing down and squeegeeing the drying pads where the treated lumber is
PWPB/RMPP/January, 1990/Page VI-3 Luff Environmental Consulting
allowed to drain excess treating fluids.
G. PREVENTATIVE MAINTENANCE PROGRAM
Preventative m~aintenanCe is performed according to the equipment
manufacturer's recommendations.
H. OTHER OPERATING AND MAINTENANCE PROGRAMS
For non-routine tasks, job procedures discussions may be conducted prior to
commencing the work. These discussions ensure that the maintenance
personnel understand the specific hazards of the non-routine job.
PWPB/RMPP/January, 1990/Page VI-4 Luft Environmental Consulting
VII. DETECTION, MONITORING AND CONTROL SAFETY SYSTEMS
Detection, monitoring~or~.?automatic control systems~to~ m~nimize'~poten'tial',~acutely
hazardous materials accident risks are discussed in this section, as required by
Section 25534 (c)(4) of Chapter 6.95. Pursuant to Section 25534 (k), monitoring
programs are also addressed.
A. DETECTION SYSTEMS
PWPB does have automated detection systems to minimize the potential AHM
release. Direct readout tank level gauges have been installed on all treating fluid
working and storage tanks in the facility. The tanks are also equipped with high
level shut down switches the cut off the electricity to the fill pumps on the work
tanks.
The retort cylinder is also equipped with high pressure shut down switches that
operate prior to the pressure safety valve settings.
Additionally, PWPB operating procedures require that a treater and a treater
assistant be present during all treatment batches at each treatment plant. These
trained personnel visually inspect and monitor the treatment process and would
respond immediately to any deficiencies in the treatment cycle.
B. MONITORING SYSTEMS
PWPB utilizes a strip chart recorder to monitor temperature at the creosote plant.
Although the strip chart recorder's main function is quality control, it also provides
valuable information on the performance of the boiler and heat exchanger in the
treatment system.
C. AUTOMATED CONTROL SYSTEM
Both treatment plants at PWPB's facility are controlled by an electronic controller
coupled to a pneumatic operating system. The Koppers Company controllers
stage the treating process as follows:
· Begins initial vacuum on the lumber charge
PWPB/RMPP/January, 1990/Page VII-1 Luft Environmental Consulting
· Initiates treating fluid fill cycle
· Starts pressure cycle
· Ends pressure cycle
· Removes the treating fluid from the retort cylinder
· Performs the final vacuum cycle
The staging of each cycle is done via a series of timers and contact switches.
Cycle times can be adjusted to provide different treatment parameters for
individual species of lumber or for custom treatment work.
B. MANUAL MONITORING
There are always two operators present during the treatment of a charge of
lumber. The operators monitor the treatment process and prepare a treating
record. They also enter the quantity of fluid used dudng a treatment cycle in a log
book.
PWPBIRMPP/January, 1990/Page VII-2 Luft Environmental Consulting
VIII. AUDITING AND INSPECTION PROGRAMS
.- ...~'.:,r~ ~,/n-accordance with Section..25534 (c)(6), this section describes the' 'auditing and.
inspection programs designed to allow the handler to confirm that the RMPP is
effectively carried out. Also discussed are the internal and external audit procedures,
pursuant to Section 25532 (g), and equipment inspection programs and auditing
programs, per Section 25534 (k).
A. INTERNAL AUDITS
PWPB has instituted a number of audit procedures to assist in tracking
inventories of the AHM substances and provide for quality control. All treatment
chemicals are inventoried and a notification of preservative received form is
completed when the chemicals arrive at the plant. In day to day operations, all
treating fluids are inventoried before and after a treatment charge. Treatment
records, charge cooling & covering time reports, and weekly hazardous waste
inspection forms are also completed as warranted.
These informal internal audits represent an early detection system for problems
with the treating systems.
B. OUTSIDE AUDITS
1. OSHA
Federal and/or California OSHA (Occupational Safety and Health
Administration) may conduct periodic safety audits. Complete OSHA safety
audits may result from complaints made by employees or other outside
agencies. Safety audits may also arise from a serious industrial accident
resulting in a lost time injury or death.
2. State of California Department of Food and Agriculture
As stated earlier, PWPB has licensed applicators for application of treatment
chemicals. For this reason, the State of California Department of Food and
Agriculture may audit and inspect the facility.
PWPB/RMPP/January, 1990/Page VIII-1 Luft Environmental Consulting
3. Bakersfield City Fire Department
The Bakersfield City Fire Department (BCFD) will, as a minimum, be making
annual fire safety inspections of the PWPB facility. The BCFD will conduct
inspections at least once every three years, pursuant to Section 25537,
Chapter 6.95, Division 20, of the California Health and Safety Code.
4. Kern County Air Pollution Control District
PWPB has permits to operate from the Kern County Air Pollution Control
District (KCAPCD) for its creosote plant. The KCAPCD has the ability to
audit records and inspect the facility at their discretion.
C. EQUIPMENT INSPECTIONS
PWPB personnel or contractors perform periodic inspections and maintenance
on equipment as recommended by the equipment manufacturers and/or
suppliers. The process control cabinets are periodically inspected by the supplier
(the Koppers Company, Inc.) for proper operation. The suppliers of the CCA
compound also inspect the facility on a periodic basis.
D. AUDITS OF CONTRACTORS
Whenever the inspection and maintenance of equipment is contracted to a
independent firm, PWPB personnel may audit the findings of those inspections
and witness the maintenance of the equipment.
PWPB/RMPP/January, 1990/Page VIII-2 Luft Environmental Consulting
IX. RECORDKEEPING PROCEDURES
Pursuant to Section 25534 (c)(7), Chapter 6.95, this section of the RMPP describes the
recordkeeping procedures ~for the risk management'.and~preventionprogram. It' also '
discusses inventory control programs and recordkeeping programs, per Section
25534 (k). As required by Section 25534 (f), the handler shall maintain all records
concerning an RMPP for a period of at least five years.
A. RECORDKEEPING
Recordkeeping associated with the RMPP is the responsibility of the Plant
Superintendent. The Plant Superintendent will ensure that all of the appropriate
records (i.e. safety training, treatment system insp_e_~_.~ion and testing) are kept.
This individual is responsible for maintaining a record of revisions to each
document and ensuring that all copies are properly distributed.
B. RECORD RETENTION
All documents relating to the RMPP shall be maintained for a period of at least
five years. Records are kept in the main office at the PWPB facility. These
records include the following.
* Hazardous material inventories
* Maintenance records
* Daily operations reports
* Employee training records
C. INVENTORY CONTROL AND RECORDKEEPING PROGRAMS
1. Hazardous Materials Inventories
As required by Chapter 6.95, Division 20, California Health and Safety
Code, inventories of hazardous materials at the facility are submitted to the
Bakersfield City Fire Department. Amendments to the inventories are
submitted as required. These inventory records are kept for a minimum of
five years.
PWPB/RMPP/January, 1990/Page IX-1 Luft Environmental Consulting
2. Maintenance Records
.......... Documentation.of maintenance on the treating systemssl~all.be.maintained
for a minimum of five years.
3. Operations Records
Daily operations reports, including, preservative receipts, treatment and
inventory records are kept for both treatment plants.
4. Employee Training Records
All records of employee training are maintained for at least five years. These
files contain information on the employees trained, their respective duties,
and the date and content of the training program.
PWPB/RMPP/January, 1990/Page IX-2 Luft Environmental Consulting
X. PERSONNEL AND TRAINING
As required by Section 25534 (g), the RMPP shall identify, by title, all personnel at the
business who are responsible for carrying out the specific elements of the RMPP, and
their respective responsibilities. It shall include a detailed training program to ensure
'that those persons are able to implement the RMPP. This section discusses the
employee training program for the PWPB facility, pursuant to Section 25534 (k) and
operator training, per Section 25532 (g).
A. SCOPE OF TRAINING
Each individual undergoes an assessment of training needs based on the PWPB
employee skills inventory, previous experience/training and their job assignment
at PWPB. Supplemental training is provided prior to personnel performing
unsupervised work.
Contractors work under the supervision of PWPB personnel. Prior to
commencing the work, the cOntractors are thoroughly briefed on the safety
requirements at the plant.
B. IMPLEMENTATION OF TRAINING
The personnel listed in Table X-1 are responsible for the implementation of the
RMPP and for the training of the pwPB employees.
C. PLANT OPERATIONS PERSONNEL TRAINING
All operations personnel are specifically trained for their responsibilities within
the plant. In addition to the equipment training, the operations personnel receive
training in fire prevention, fire control, accident prevention, and safety and first
aid, in accordance with PWPB standards.
PWPB/RMPP/January, 1990/Page X-1 Luft Environmental Consulting
TABLE X -1
PERSONNEL RESPONSIBLE FOR IMPLEMENTING THE RMPP
TITLE SPECIFIC RESPONSIBILITY
Vice President Implementation of the entire RMPP
Plant Manager Implementation of the entire RMPP
Plant Superintendent Sections VI, VII, VIII, IX, X, XI, XII, XIV
of the RMPP Supporting Document
PWPB/RMPP/January, 1990/Page X-2 Luft Environmental Consulting
Prior to any personnel working unsupervised in the PWPB facility, they must
complete a detailed training program with the following elements.
* Overview of the process and the equipment
Safety, including the contents of the "Hazardous Materials Communication
Program" and the site specific personnel protective equipment use and
maintenance.
* System(s)/equipment operation
o Description of the system/process
o Process variables and control
o Normal operation
o Recordkeeping
o Troubleshooting
* Normal Start-up/Shutdown
* Emergency Shutdowns
* Utility and Auxiliary Systems
D, I~IAINTENANCE TRAINING
Maintenance personnel are required to read the available maintenance manuals
from the manufacturer before performing any work on each major piece of
equipment within each plant.
In addition to the equipment training, the maintenance personnel receive training
in fire prevention, fire control, accident prevention, safety and first aid. The
training is in accordance with PWPB standards.
The maintenance personnel's training needs are met on an individual basis.
Each maintenance employee receives general presentations along with
PWPB/RMPP/Janua~, 1990/Page X-3 Luft Environmental Consulting
scheduled training and directed work experience to meet their individual needs.
E. ENVIRONMENTAL AND SAFETY CONCERNS
All personnel at the PWPB facility are instructed in the site specific environmental
and safety requirements on a periodic basis.
The general subject matter for this training includes the following elements.
* Hazardous materials handling
* Hazard communication program
Notification procedures and reporting requirements are discussed, as applicable
to each job classification. Specified employees are instructed in, and
responsible for, the notification procedures for emergency response
organizations. These employees are responsible for implementing procedures
and coordinating actions of plant personnel with the local emergency response
agencies.
PWPB/RMPP/January, 1990/Page X-4 Luft Environmental Consulting
: £MPLOYEE SAFETY
NA~4B DATB JOB TITLE
Answer the following questions concerning your knowledge of
plant safety rules, company sponsored safety, meetings, and the
handling of hazardous materials:
1) Why do you think it is important to have safety rules?
2) }lave you been instructed about fire safety? Do you know what
to do in case 'of fire?
3) Why does the company restrict smoking in certain areas? Do
you know where smoking is allowed?
4) Are you aware of ~;~PB's policy on the wearing of hard toe
shoes? Why do you think ii is required?
5) Do you know the location of First-Aid kits in the plant?
6) Are you aware of the company's rules on alcoholic and/or
drug use?
Should an accident occur on company property, are you aware
that you will be asked or subject to an alcohol/drug screen
at ~Vhite Lane ~ledical? .
7) Bo you know the locations of the emergency eye wash and
shower stations?
Explain locations:
8) Is it important that ali accidents be reported?
(2)
9) Should an electrical problem occur on company property,
are you aware that you are no.t 'allowed to fix it unless
authorized to do so? Who, in your opinion,
would be authorized? .
10) Are you aware of the importance of driving fork-lifts in
a safe manner? . The driver of the
Forklift is responsible for the operation and have full
knowledge of the saPety of others.
11) Have you been told that,riding double on a forklift is
not allowed in our plant? . Also, that the
forklift should be stopped completely before stepping off
the lift? .
12) Do you know where the fire extinguishers are located in
your area? Where?
13) What is a MSDS sheet? .
;~hat is its purpose
14) Most employees at Pwr-'B are required to wear gloves. Are
you aware of the type of glove you need for your job?
· Why are we required to wear impervious
(coated gloves)? .
15) '~hat should you do with gloves that are torn?
16) At ?¥~PB, we use materials that are toxic in nature and
hazardous if not used safely. Have you read the MSDS
sheets on Creosote and CCA chemicals?
Are you aware that skin contact, inhaling and ingesting
can cause serious and chronic health problems? .
ttave you been advised how to protect yourself from
these hazards? .
17) Do you know why PWPB furnishes uniforms for its employees
that work in and around areas ~here toxic chemicals are
used?
18) What, in your opinion, is hazardous waste?
(3)
19) Are you aware of where the MSDS sheets are kept?
Please give the locations
20) At PWPB, we stress the importance of keeping the buildings
and grounds clean as much as humanly possible. Why do you
think this is necessary?
21) Are you aware of State Proposition 65, the Safe Drinking
Water and Toxic Enforcement Act, requires all California
businesses to issue clear and reasonable warnings to em-
ployees working with or around chemicals known to the
State of California to cause cancer?
22) Are you aware of the signs posted around PWP plant,
alerting you to the warnings required by Proposition 65?
23) Did you know PWP has a Hazard Communication Program?
24) Do you know where the Hazard Communication Program books
can be found?
..i'~ ~ . PACIFIC WOOD PRESERVING
... ~Date
EMPLOYEE SKILLS INVENTORY
Please circle the appropriate answer
" 1. You have the right to know about the hazardous chemicals you
"~' are working with in your work area.
,'~ True False
2. Your risk of eXposure to hazardous chemicals is limited to
your workplace.
True False
., 3. Ail chemicals are hazardous chemicals.
True False
· ·' 4. Most chemicals, if used properly, will not harm you.
True False
5. Ail chemicals affect you ~in the same way.
True False
6. Your body provides several defense mechanisms to protect you
', from chemicals.
True False
· .. 7. Chemicals are °nly dangerous to your health if your body
.... absorbs them.
.. · True Fal s e
8. The three routes of entry are.- absorption, inhalation and
ingestion.
"~' True Fal s e
9. Management can provide engineering controls to reduce our
exposure to hazardous chemicals.
True False
~ 10. Any type of respirator will protect you from any hazardous
, chemical.
:. True False
TREATER' S KNOWLEDGE QUESTIONAIRE
Answer the following questions based on your knowledge of the Creosote
Plant Systems:
1) What is the purpose of the follo~Ting equipment:
Fill Pump:
Fressure Pump:
Vacuum Pumv:
Mix Pumo:
Heat Exchanger:
2) '~hy is it important to clean the filters of the fill pump and
pressure pump before each charge?
',~hen is it necessary to re-clean filters?
3) '~;~hat is meant by "Boultize? Describe what happens.
a) If blac~ oils are seen in sight fi. ass, ~at do you think has happened?
should be done to correct it?
5) If the pressure gauge on a pump shows "zero!' or almost zero,
what do you think has happened?
What should be done about it and how soon?
6) Do you think it is imFortant to check tank gauge when ~umping
in and out of cyclinder and why?
7) How often should you check tank farm for operational problems?
. Why should we check it anyway?
8) S. hould steam or smoke appear by a pump that is running, what
do you think should be done?'
9) Why do you think steam would come out of the discharge of the
vaceum Dump?
What should you check and ste.r's taken to stop it?
10) If difficul, ty is exnerienced during heat-up, what do you think
would be wrong if we can't reach 200°?
What would you do about it?
11) Why do we pump the sump pit?
Why is it important to keep the pit down?
12) %qhat is the purpose of our water movement system?
13) Oil apoearing in the oil/water separator tank indicates
wh at ?
What should you do to stop it?
14) What purpose does the cooling tower serve?
15) What should you do if the water pump is not working?(Exp]ain
as if you were boultonizing.)
16) Calculation: You need to pump-up the work tank to 21.50
feet for next charge. The reading on the work tank is 18.75.
How many yallons should you acid of creo and oil for a 30-70
mix? Show your work.
17) Describe best you can where the following is located:
.t. Condensate Return pump-
B. Pressure Pump-
C. Boulton Return Valve-
D. Steam. (Main) Valve-
E. Fill Suction Valve-
F. Fill Discharge Valve-
G. Empty Suction Valve-
H. Empty Discharge Valve-
I. Condensate Drain Pump-
Steam (hand-Operated) valve-
K. Boiler Feed ;~ater Tank-
18) Describe if valve 'should be o~en or closed during
not ed 'cycle:
S, team valve during ~,ressure period-
Fill suction valve during pump out-
Pressure drain valves during drain-
Empty Discharge Valve during fill-
Vent Valve while boultizing.
Slow pressure Release at 125~ ~ressure per tod
Pinch Gate Valve during fill
Check Valve in fi~_l line during pump out
19) List everything you can think of to check before
starting any charge: (Switching to automatic)
Answer the following as True or False:
20) A treater's duty is to sit in console room and watch
the console in case of Froblem.
21) The system should never be stoPF, ed in the middle
of a treatment.
22) When receiving oil delivery, we should always make
sure Tank #3 is empty.
23) Cleaning up around the buildings and work areas is
important to the company.
24) Trash left on the floors and grounds should remain
there until the one who did it cleans it up.
25) The treater should investigate any oil drips from
valves and pumps and shut down if necessary.
26) When sight-glass is black, it means everything is
going OK.
27) On any shift, the helper should do what ever he
thinks is necessary.
28) When a problem occurs, the' supervisor should be the
last to know.
29) When in pressure, the reading on the pressure gauge
at the pump indicate the correct vessel rressure.
30) When in doubt about something, take best guess.and
proceed.
31) An employee should know about all hazards about the
materials he/she comes in contact with.
32) Creosote delivery is always by tank car and should
be unloaded into storage tank 33.
33) Cleaning of the filters should be done only when
necessary.
34) It is important to run the boiler during final
vacuum.
35) It doesn't mat~er if we use work tank ~1 or $2 for
our treatments.
36) The treater should check the tank farm at least
twice during the shift.
37) Fhe treater should not ;vorry about things he does
not understand°
PACIFIC WOOD PRESERVING OF BAKERSFIELD
I "~ HAVE RECEIVED A COPY OF THE RESPIRATOR
TRAINING MANUAL, AND HVE BEEN INSTRUCTED ON HOW TO MAINTAIN
CLEAN AND CARE FOR THE HSC MODEL 1694 RESPIRATOR, I HAVE ALSO
BEEN INSTRUCTED ON THE PROPER METHOD TO FIT TEST AND LEAK TEST
WITH ISOAMYL ACETATE "BANANA OIL" . I HAVE BEEN INSTRUCTED ON
ITS NEEDS AND LIMITATIONS, DATE
RESPIRATOR MAINTENANCE
RESPIRATOR WEARERS MUST PROPERLY MAINTAIN THEIR RESPIRATORY
EQUIPMENT:
A. INSPECT THE CONDITION OF THE MASK BEFORE AND AFTER
EACH USE, AND DURING CLEANING'
B. INSPECT AT LEAST MONTHLY THOSE REPIRATORS PROVIDED
FOR EMERGENCY USE ONLY.
C. EXAMINE THE CONDITION OF THE MASK, STRAPS, VALVES
AND FILTER ELEMENTS.
D. EXAMINE THE CONDITION OF THE AIR HOSE, HOSE CLAMPS,
AND GASKETS.
F.DOES THE RESPIRATOR DISPLAY A NIOSH OR MSHA APPROVAL CODE?
G. IS THE MASK APPROVED FOR THE HAZARDOUS ATMOSPHERE
THE WORKER WILL BE EXSPOSED TO ?
FIT TEST
FIT TEST ARE ESSENTIAL TO ENSURING THAT A RESPIRATOR MASK
FORMS A GOOD SEAL AGAINST THE WEARER'S FACE AND PREVENTS CON-
TAMINANTS FROM LEAKING INTO THE MASK.FACIAL SCARS, BEARDS, AND
SIDEBURNS CAN ALL INTERFERE WITH A PROPER FIT.THIS PROBLEM
IS ESPECIALLY ACUTE WHEN MASK ARE USED IN WHICH THERE IS
NEGATIVE PRESSURE CREATED DURING INHALATION.
WHEN A RESPIRATO~ IS FIRST ISSUED TO THE WEARER, HE SHOULD
DO A QUALITATIVE FIT TEST, AND A ISOAMYL ACETATE IRRITANT TEST.
BEFORE USE, DO A POSITIVE AND NEGATIVE FIT TEST.
QUALITATIVE FIT TEST CAN BE PERFORMED QUICKLY AND EASILY,
HOWEVER, THEY DEPEND ON THE WEARER'S JUDGEMENT AND GIVE ONLY A.
ROUGH IDEA OF HOW WELL THE MASK FITS. BOTH THE POSITIVE AND
NEGATIVE PRESSURE FIT TEST AND ISOAMYL ACETATE TEST CAN BE USED
WITH SCBA AND AIR-PURIFYING MASK, AND SHOULD PERFORMED BEFORE
ENTERING A HAZARDOUS ATMOSPHERE.
NEGATIVE PRESSURE FIT TEST THE WEARER CLOSES OF~ THE RESPIRATOR
INLET AND INHALES. A VACUUM AND PARTIAL INWARD COLLAPSE OF THE
MASK SHOULD RESULT. IF A VACUUM CANNOT BE MAINTAINED FOR AT LEAST
10 SECONDS, READJUST THE FACEPIECE AND TRY AGAIN.
POSITIVE PRESSURE FIT TEST THE WEARER CLOSES OFF. THE EXHALATION
VALVE AND BREATHES OUT GENTLY. AIR SHOULD ESCAPE THROUGH ANY GAPS
~IN THE SEAL.
ISOAMYL ACETATE TEST ARE PERFORMED BY INTRODUCING THE SUB-
STANCE AROUND THE SEAL OF THE MASK.IF THE WEARER DETECTS A SMELL
OR IRRATION, HE SHOULD READJUST THE FACE PIECE.
AIR SUPPLYING RESPIRATORS
SE~F-CANTAINED BREATHING APPARATUS (SCBAs) HAVE A SUPPLY OF
COMPRESSED OXYGEN OR COMPRESSED AIR. SCBA IS APPROVED FOR USE
IN ATMOSPHERES IMMEDITELY DANGEROUS TO LIFE OR HEALTH (IDLH)
A PRESSURE DEMAND TYPE RESPIRATOR PROVIDES A POSITIVE PRESSURE
IN THE FACE MASK AT ALL TIMES AND SUBSTANTIALLY BETTER PROTECTION
FACTOR. IN CLOSED CIRCUIT~SCBAs EXHALED CARBON DIOXIDE MUST BE
REMOVED AND OXYGEN IS ADDED FROM A TANK ATTACHED TO THE MASK,
THE ADVANTAGE OF THISDEVICE IS THAT EXHALED OXYGEN CAN BE
BREATHED AGAIN, A SMALLCYLINDER OF OXYGEN WILL LAST MANY TIMES
AS LONG AS A LARGE CYLINDER OF COMMPRESSED AIR. A MAJOR
DISADVANTAGE OF THE CLOSED CIRCUIT TYPE IS THAT ITIS MORE
DANGEROUS TO USE NEAR OPEN FLAMES.OXYGEN SUPPORTS COMBUSTION
AND OUTWARD LEAKAGE CAN RESULT IN A RAPID FIRE IN THE VICINITY
OF THE LEAK IF IT IS IGNITED.
OPEN CIRCUIT SCBAs USE COMPRESSED AIR, EXHALED AIR IS NOT RE-
BREATHED, IT IS CONDUCTED DIRECTLY TO THE EXTERNAL ENVIRONMENT.
PRESSURE DEMAND SCBAs SHOULD BE USED IN EXTREMELY DANGEROUS
ATMOSPHERES WHERE EVEN MINOR LEAKAGE MAY BE LETHAL. PRESSURE
DEMAND OPEN CIRCUIT SCBAs ARE REQUIRED WHEN ENTERING THE
CREOSOTE CYLINDER.
AIR PURIFYING RESPIRATORS
AI-~ PURIFYING RESPIRATORS WITH FILTERS ARE DESIGNED TO REMOVE
PARTICULATES (DUST, MIST, FUMES ) FROM THE AIR: THOSE WITH
CANNISTERS OR CARTRIDGES ARE DESIGNED TO PROTECT THE WEARER
FROM GASES AND VAPORS.
DO NOT USE AIR PURIFYING RESPIRATORS:
A. WHEN THE CONTAMINANT HAS POOR WARNING PROPERTIES, THAT
IS THE CONTAMINANT CANNOT BE RECOGNIZED BY TASTE, SMELL OR
IRRITATION AT OR BELOW THE PERMISSABLE EXSPOSURE LIMIT.
B. IN OXYGEN DEFICIENT ATMOSPHERES.
C. IN ATMOSPHERES IMMEDIATELY DANGEROUS TO LIFE OR HEALTH
(ATMOSPHERES IN WHICH A SHORT EXSPOSURE WOULD CAUSE
DEATH, INJURY OR DELAYED REACTION.)
AIR PURIFYING RESPIRATORS ARE INEXSPENSIVE, SMALL AND ALLOW
FREEDOM OF MOVEMENT. HOWEVER, EVERY TIME THE WEARER INHALES.
A NEGATIVE PRESSURE IS CREATED IN THE MASK RELATIVE TO THE OUT-
SIDE ATMOSPHERE WHICH WILL DRAW CONTAMINANTS INTO THE FACE PIECE
THROUGH LEAKS IN THE SEAL. IF THE WEARER OF A GAS/VAPOR AIR
PURIFYING RESPIRATOR RESPIRATOR BEGINS TO TASTE, SMELL OR
BE IRRITATED BY THE CONTAMINANT, IT IS AN INDICATION THAT A
"BREAKTHRQUGH" HAS OCCURED AND THAT THE CANISTER OR CARTRIDGE
NEEDS TO BE REPLACED.REPLACE THE FILTER IN A PARTICULATE AIR-
PURIFYING RESPIRATOR WHEN IT BECOMES HARDER TO BREATHE BECAUSE
THE FILTER IS CLOGGED WITH CONTAMINATE.
?
RESPIRATOR TRAINING PROGRAM
OSHA REGULATIONS REQUIRE THAT RESPIRATORS BE PROVIDED
BY THE EMPLOYER WHEN SUCH EQUIPMENT IS NECESSARY TO PROTECT
THE HEALTH AND SAFETY OF AN EMPLOYEE. THE EMPLOYER SHALL
PROVIDE THE RESPIRATORS WHICH ARE APPLICABLE AND SUITABLE
FOR THE PURPOSE INTENDED.
THE MODEL "HSC 1694" RESPIRATOR FITS OUR NEEDS AT
PACIFIC WOOD PRESERVING. IT WAS SELECTED ACCORDING TO THE
REQUIREMENTS STATED ON THE "MSDS" "MATERIAL SAFETY DATA SHEETS"
CREOSOTE AND CCA REQUIRE AN " ACID GAS, ORGANIC VAPOR,
DUST AND MIST, TC-23C-163 'RESPIRATOR."
THIS RESPIRATOR HAS BEEN ISSUED TO EVERY OPERATOR DEALING
WITH CREOSOTE AND CCA REQUIREMENTS.
CLEANING YOUR RESPIRATOR
AFTER REMOVING FILTER AND/OR STRAPS, WASH YOUR RESPIRATOR
IN A MILD SOAP SOLUTION AND AIR .DRY (.~0 NOT DRy THE RESPIRATOR
IN TEMPERATURES ABOVE 125°F) OR IMMERSE THE RESPIRATOR IN A
SANITARY SOLUTION RECOMMENDED BY THE MANUFACTURER FOR AT LEAST
TWO MINUTES, AFTER WASHING OR IMMERSING THE RESPIRATOR, RINSE
~T THOROUGHLY TO PREVENT DERMATITIS FROM RESIDUE ON THE MASK.
STORING YOUR RESPIRATOR
RESPIRATORS CAN BE PERMANENTLY DAMAGED IF THEY ARE NOT STORED
PROPERLY, AFTER USE, CLEAN, SANITIZE, AND STORE RESPIRATORS IN
RESEALABLE PLASTIC BAGS. PROTECT FROM SUNLIGHT, DUST, CHEMICALS,
MISTURE, AND TEMPERATURE EXTREMES.
RESPIRATOR REPAIR
IF YOU NEED TO REPAIR A RESPIRATOR, USE ONLY REPLACEMENT
PARTS FRO~! THE SAME TYPE AND BRAND OF EQUIPMENT.
Xl. EMERGENCY RESPONSE PROCEDURES
This section addresses~the requirements for emergency, respbnse planning and
accident investigation procedures, pursuant to Section 25532 (g).
A. NOTIFICATION PROCEDURES
In case of an emergency involving the release or threatened release of a
hazardous material, the emergency coordinator responsible for emergency
response will be notified via telephone or voice contact. As necessary,
employees, contractors, and other individuals within the facility will also be
notified via voice contact.
If appropriate, 911 and 1-800-852-7550 or 1-916-427-4341 will be called. This
will notify the local emergency agencies, the Bakersfield City Fire Department
(station located approximately 2 miles away on Sorrano Ave.), and the State
Office of Emergency Services as required by law.
B, MEDICAL ASSISTANCE PLAN
The following local emergency medical facility will be used in the event of an
emergency.
Memorial U~ent Cam Hall Ambulance
6501 Ming Avenue 327-4111
Bakersfield
397-4004
C. EVACUATION PLAN
Immediate notification and evacuation of the business will be performed utilizing
PWPB's Evacuation Procedures. Evacuation procedures are reviewed with all
employees at the facility on an annual basis.
PWPB/RMPP/January, 1990/Page XI-1 Luft Environmental Consulting
D. ACCIDENT INVESTIGATION PLAN
The plant superintendent has overall responsibility for accident investigation at
the PWPB facility. Additionally, each treatment plant supervisor is responsible for
the investigation of any accident within their plant. The objective of the plan is to
determine the cause of the accident and to initiate preventative measures to help
ensure that the accident does not recur.
PWPB/RMPP/January, 1990/Page XI-2 Luft Environmental Consulting
Xll. DESCRIPTION AND RESULTS OF THE
HAZARD AND OPERABILITY STUDY
This section of the RMPP addresses the requirement of Section 25534 (d)(1) that the
RMPP include the "results of a hazard and operability studY which identifies the
hazards associated with the handling of an acutely hazardous material due to
operating error, equipment failure, and external events, which may present an acutely
hazardous materials accident risk". Additionally, Section 25532 (g) specifies that the
RMPP include programs which include risk assessment for unit operations or
operating alternatives.
A. HAZOP TECHNIQUE
The HazOp technique that was used for the PWPB facility was the "guide word"
approach for a Hazard and Operability Study. The guide word HazOp was
chosen since it allows a systematic and thorough review of every part of the
-facility that handles AHMs. This approach is described in the AlChE Guidelines
for Hazard Evaluation Procedures1, which is referenced in Section 25534 (I),
Chapter 6.95, Division 20, California Health and Safety Code. Other publications
further describe this technique, including A Guide to Hazard And Operability
Studies2.
Although the guide word approach was used for the HazOp, the procedures for
conducting the study were adapted to accommodate the size of the facility and
the limited staff available. A series of meetings were held at the plant site in order
to adequately define the intended design of each of the treatment systems along
with the normal operating parameters.
Utilizing the schematic drawings of the treatment systems and the expertise of the
panel, a HazOp matrix was generated for the components of both treatment
systems. Each treatment system was evaluated separately to ensure a thorough
hazard and operability investigation.
1 Guidelines for Hazard Evaluation Procedures, American Institute of Chemical Engineers, New
York, 1985.
2A Guide to Hazard and Operability Studies, Chemical Industry Safety and Health Council of the
Chemical Industries Association, London, 1985.
PWPB/RMPP/January, 1990/Page XII-1 Luft Environmental Consulting
B. HAZOP REVIEW FOR PACIFIC WOOD PRESERVING OF BAKERSFIELD
An analysis of the on site equipment and discussions with the plant operating
personnel were used to'generate'the following subsystems for each'treatment
plant.
CCA EQUIPMENT
Fill Connections
CCA Receiver Tank
CCA Solution Mixing System
Work Tanks
Retort Cylinder
Drain Pad
CREOSOTE EQUIPMENT
Fill Connections
Creosote Solution Mixing System
Boiler
Heat Exchanger
Retort Cylinder
Emissions Building
Each item (study node) was addressed systematically. The guide words (more,
less, no) were applied at each node by the HazOp leader to identify potential
deviations from the intended design. With each guide word, the deviation from
the design, the probable cause, and any consequence was noted in the form of a
matrix.
The matrix was reviewed by and discussed with the plant superintendent to
insure for accuracy and completeness. A series of brief follow up meetings were
held to clarify any items of discussiOn and to review any comments.
C. RESULTS OF HAZOP FOR PWPB
In order to meet the requirements of the statute, a Hazard and Operability study
was performed to identify the hazards associated with the systems that handle the
AHMs. The HazOp team tried to focus on the "worst credible events" as opposed
to "most likely events". The term "most likely events" typically represents very
minor releases with no public consequence. For this reason, the "worst credible
PWPB/RMPP/January, 1990/Page XII-2 Luft Environmental Consulting
events" were investigated for the offsite consequence analysis. These worst
credible events are described briefly below. Such events could be caused by
operating error, equipment failure or external events (including earthquakes).
1. Release of CCA Concentrate
Potential releases of CCA (copper-chromium-arsenic) concentrate were
reviewed. A release of the heavy, viscous CCA concentrate was determined
to be most likely to occur during the delivery process. Delivery of the CCA
concentrate is by a dedicated carrier which uses specialized vehicles
designed for this type of delivery. The sole purpose of these trucks is to
deliver CCA concentrate. The trucks are manned by a crew trained in the
necessary safety requirements. Delivery personnel wear personal protective
equipment during the CCA deliveries. Buckets are placed under the hose
fittings and valves to catch drips and drains.
CCA concentrate is delivered by pressurizing the vehicle's cargo tank via an
onboard compressor. This pressurization forces the contents through the
hoses into the CCA concentrate tank. The pressure required to fill the tank is
approximately 9 psi (20 ft).
A worst case failure of the filling system would be a hose or fitting failure
during the delivery of the CCA concentrate. All of the treatment tanks in the
CCA treatment facility have high level float switches in addition to secondary
containment. The entire tank area is surrounded by a three foot high
concrete wall with a concrete floor. The secondary containment area is
design to allow spilled fluids to cascade internally in the containment area
and eventually flow into the retort cylinder pit. This pit is capable of
containing 1.5 times the volume of the largest tank (mixture tanks have a
capacity of 36,092 gallons).
A separate release event associated with the delivery of the CCA concentrate
was the possibility of a vendor overfilling the receiver tank. PWPB's
operating procedures ensure that this event could not take place. CC^
concentrate is ordered only when the storage tank is nearly empty. Only
3000 gallons of CCA concentrate are ordered to replenish the inventory. The
CCA concentrate tank capacity is 6,000 gallons. This operating practice
results in the CCA concentrate tank rarely reaching the halfway mark. As an
added safety measure, the tank is always gauged before delivery to double
PWPB/RMPP/January, 1990/Page XII-3 Luft Environmental Consulting
check the inventory system. Additionally, the operators are always aware of
the tank levels since they are required to log in tank volumes every time they
complete a treatment or make a batch of treatment fluid.
2. Buildup of CCA COncentration on Drain Pad
After a charge of wood has been treated, it is pulled out of the retort cylinder
and stored on the surrounding drain pad. The purpose for the storage is to
allow the excess CCA compound to drain off the wood and to allow the wood
to dry. The drain pad is sloped toward the retort cylinder pit to collect the
treatment fluid. A sump pump is located in the pit to recover the treatment
fluid. The recovered fluid is pumped into a working tank.
Since the working CCA compound is approximately 98% water, a great deal
of evaporation takes place during the summer months. As the water
evaporates, the concentration of the CCA compound increases in the
residual treatment fluid on the drain pad. PWPB has incorporated an
operational procedure to hose down and squeegee the drain pad area every
day during the summer, thus preventing any build up of CCA compound on
the pad.
During the winter months, evaporation is much slower due to the cooler
weather. Although the CCA concentrations will not be as high due to the lack
of evaporation, somewhat elevated concentrations could exist. However,
PWPB has implemented an operational procedure to squeegee the drain pad
into the pit area daily. These procedures should substantially reduce the
possibility of the buildup of CCA concentration.
Summary of the CCA Treatment Facility
The HazOp team reviewed the possibility of an offsite release associated
with operation of the CCA treatment facility. Since the CCA compound is
used in a very dilute form and does not have a vapor pressure high
enough to form a gas, the only routes for an offsite exposure is physical
contact. Exposure to the dilute CCA compounds does not represent a
health risk to workers or the surrounding community.
Higher concentrations of the CCA compound may represent a slight
increase in health risk if ~good personal hygiene is not practiced.
Exposures to any elevated concentrations of CCA compounds were
PWPB/RMPP/January, 1990/Page XII-4 Luft Environmental Consulting
effectively eliminated when PWPB implemented the drying pad clean up
practices.
3. Release of Creosote
A worst case failure of the filling system would be a hose failure from the
shipping vehicle. Creosote is shipped to PWPB via rail car and is drawn out
of the rail car by means of a 100 gpm pump. There are always two operators
in charge of running the creosote operation and one of them stands by to
oversee the delivery. Since the hose is under a suction pressure, a leak in
the hose would cause an influx of air into the system causing the pump to
cavitate. The operator would immediately notice this problem and take
measures to correct it before resuming the delivery.
Creosote flows from the rail car to the tank through a pipeline. This flow line
is located in a larger diameter pipe which functions as secondary
containment. The secondary pipe drains into a containment area to allow an
operator to detect a leak in the primary pipe. Also, the tanks are surrounded
by a 3 ft. wall for secondary containment. As in the CCA plant, any significant
spillage is funneled into the retort cylinder pit area. The floor in the
containment area is concrete to prevent any contamination of the soil and
groundwater.
The receiver tank is equipped with overflow pipes connected to the pit. In the
case of an oversupply of product, the excess product would simply flow into
the overflow pipes and into the containment area. The pit is capable of
holding one and a half times the volume of the largest tank. The largest tanks
are the working tanks (or mixing tanks) which hold 36,072 gallons. The
receiver tank for the creosote is a 19,440 gallon tank. An overflow of product
is prevented by several operational procedures.
Creosote shipments are never ordered until the creosote tank is nearly
empty. Since the shipments are transported by a 17,000 gallon rail car, a
single shipment is unlikely to overfill a tank. The operators are always aware
of the tank levels since they are required to log in tank volumes every time
they complete a treatment or make a batch of treatment fluid. There are also
fluid.level indicators on every tank. The tanks are again measured before a
shipment is ordered to double check the level.
PWPB/RMPP/January, 1990/Page Xll-5 Luft Environmental Consulting
Summary of the Creosote Treatment Facility
The HazOp team reviewed the possibility of an offsite release associated
with operation of the creosote treatment facility. Since the creosote and
the fuel oil carrier do not have a vapor pressures high enough to form a
gas, the only routes for an offsite exposure are again physical contact
and perhaps a release associated with a fire. Fire hazards are
minimized at the facility by good housekeeping practices. Exposure to
the creosote compounds does not represent a significant health risk to
the surrounding community. In the unlikely event of a fire, exposures to
the community would be similar to the smoke from an oil fire.
PWPB/RMPP/January, 1990/Page XII-6 Luft Environmental Consulting
Xlll. OFFSITE CONSEQUENCE ANALYSIS
Section 25534 (d)(2), Division 20, California Health and Safety Code states that "It]he
RMPP shall consider..., [fJor the hazards identified in the hazard and operability
studies, an offsite consequence analysis which, for the most likely hazards, assumes
pessimistic air dispersion and other adverse environmental conditions". Additionally,
Section 25534.1 requires that "[e]very RMPP . . . shall give consideration to the
proximity of the facility to schools, general acute care hospitals, and long term health
care facilities".
The release cases identified in the HazOp study did not generate an atmospheric
release of the AHMs. Therefore, an air dispersion model was not run.
PWPB/RMPP/January, 1990/Page XIII-1 Luft Environmental Consulting
XIV. IMPLEMENTATION OF THE RMPP
Section 25534 (c)(5) of the statute requires that the RMPP include "[a] schedule for
implementing additional steps to be taken by the business, in response to the findings
of the assessment performed.., to reduce the risk of an accident involving acutely
hazardous materials. These actions may include any of the following:
(A) Installation of alarm, detection, monitoring, or automatic control devices.
(B) Equipment modifications, repairs, or additions.
(C) Changes in the operations, procedures, maintenance schedules, or facility
design."
Additionally, Section 25534 (k) states that, for an existing facility, "the handler shall
implement all activities and programs specified in the RMPP within one year following
the certification. Implementation of the RMPP shall include carrying out all operating,
maintenance, monitoring, inventory control, equipment inspection, auditing,
recordkeeping, and training programs as required by the RMPP."
In the case of PWPB, neither of the two treatment facilities need any physical revisions
in order to implement the RMPP. Operational procedure changes identified during the
HazOp study have been implemented.
A. ADDITIONAL STEPS REQUIRED
PWPB has committed, and already implemented operational procedures to hose
down and squeegee the drain pad area into the retort cylinder pit every day
during the summer, thus preventing any build up of CCA compound on the pad.
During winter months, the drain pad will just be squeegeed into the retort cylinder
pit.
B. IMPLEMENTATION SCHEDULE
All activities and programs specified in this RMPP shall be implemented within
one year of the certification of the RMPP.
PWPB/RMPP/January, 1990/Page XIV-1 Luft Environmental Consulting
APPENDIX A
RESUMES OF QUALIFIED PERSONS
~TATEMENT OF QUALIFICATIONS
.. KARLW. LUFT ' ....
Professional Specialization: Engineering/Project Management
Education:
Bachelor of Science in Mechanical Engineering
California State University, Fresno - 1980
Reqistration:
Professional Mechanical Engineer- California
Experience:
April 1988 Principal Mechanical Engineer and Owner
to Luft Environmental Consulting
Present Bakersfield, California
September 1983 Project Engineer - Cogeneration
to Texaco Producing Inc. (Formerly Getty Oil
April 1988 Company) Bakersfield, California
December 1980 Design Engineer - Facilities
to Getty Oil Company
September 1983 Bakersfield, California
Recent Contintjing EdlJcation Courses/Seminars:
OSHA Hazardous Waste Operations Standard, 29 CFR 1910.120 (40 Hour)
Business Education Partnership, Inc. - July, 1988
Health and Safety Considerations For Leaking Underground Storage Tanks
University of California, Davis Extension - May, 1988
Professional Affiliations;
American Society of Mechanical Engineers
Air and Waste Management Association - Golden West Section
APPENDIX B
STATUTE (CHAPTER 6.95)
AND LIST OF ACUTELY HAZARDOUS MATERIALS (AHMS)
CHAPTEIt 6.95. HAZARDOUS ~t~TEItIALS RELEASE RESPONSE
PLANS AND INVENTORY
25500. The Legislature declares that, in order to protect the public
health and safety and the environment, it ts necessary to establish
business and area plans relat£ng to the handling and release or threatened
release of hazardous materials. The establ£shment of minimu~ statevtde
standards for these plans is a stateside concern. Basic information on
the location, type, quantity, and the health risks of hazardous materials
handled, used, stored, or disposed of in the state, ehich could be
accidently released Into the environment, is not now available to
ftreftghters, health officials, planners, public safety officers, health
care providers, regulatory agencies, and other interested persons. The
information provided by business and area plans is necessary in order to
prevent or mitigate the damage to the health and safety of persons and the
environment 'fros the release oF threatened release of hazardous materials
into the workplace and environ~'ent.
The Legislature further finds and declares that this chapter does'not
occupy 'the vhole area of regulating the inventorying of hazardous
materials and the preparation of hazardous materials response plans by
businesses and the Legislature does not intend to preempt any local
actions, ordinances, or regulations vhich impose additional or more
stringent requirements on businesses which handle hazardous materials.
Thus, ~n enacting this chapter, it is not the. intent of the Legislature ~o
preempt or otherwise nullify any other statute or local ordinances
containing the same or greater standards and protections.
(Added by Stats. 1985, Ch. 1167.)
-312-
25501. 'Unless the context indicates otherwise, the followin$
definitions .govern the construction of this chapters
(a) 'Administering agency' means the department, office, or other
agency o£ a county or city designated pursuant to subdivision (c) of
Section 25502 .......
(b) 'Area plan' means a plan established pursuant to section 255'0'3
by an administering agency for emergency response to a release or
threatened release of a hazardous material within a city or county.
(c) 'Business' means an employer, self-employed individual, trust,
firm, Joint stock company,' corporation, partnership, or association. For
purposes of this chapter, 'business' includes a business organized for
profit and a nonprofit business.
(d) 'Business plan' means a separate plan for each facility, site,
or branch of a business which meets the requirements of Section 25506.
(e) 'Chemical name' means the scientific designation of a substance
tn accordance with the nomenclature system developed by the International
Union of Pure and Applied Chemistry or the system developed by the
Chemical Abstracts Service.
(f) 'Common name' means any designation or identification, such as a
code name, code number, trade name, or brand name, used to identify a
substance other than by its chemical name.
(g) 'Department' means the State Department of Health Services and
'director' means the State Director of Health Services.
(h) 'Handle' means to use, generate, process, produce, package,
treat, store, emit, discharge, or dispose of a hazardous material in any
fashion.
(i) 'Handler' means any business which handles a hazardous material.
(j) 'Hazardous material' means any material that, because of its
quantity, concentration, or physical or chemical characteristics, poses a
significant present or potential hazard to human health and safety or to
the environment if released into the workplace or the environment.
'Hazardous materials' include, but are not limited to, hazardous
substances, hazardous waste, and any material which a handler or the
administering agency has a reasonable basis for believing that it would be
injurious to the health and safety of persons or harmful to the
environment if released into the workplace or the environment.
(k) '~azardous substance' means any substance or chemical product
for which one of the following applies~
(1) The manufacturer or producer is required to prepare a MSDS for
the substance or product pursuant to the Hazardous Substances Information
and Training Act (Chapter 2.5 (commencing with Section 6360) of Part 1 of
Division 5 of the Labor Code) or pursuant to any applicable federal la~ or
regulation.
(2) The substance is listed as a radioactive material in Appendix B
of Chapter 1 of Title 10 of the Code of Federal Regulations, maintained
and updated by the Nuclear Regulatory Com~isston.
(3) The substances listed pursuant to Title 49 of the Code of
Federal Regulations.
(4) The materials listed in subdivision (b) of Section 6382 of the
Labor Code.
(1) "Hazardous waste' means hazardous waste, as defined by Sections
25115, 25117, and 25316.
(¢) "Office" means the; Office of Emergency Services.
(n) "Release' means ~any spilling, leaking, pu~nping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching, dumping,
or disposing into ~he environment, unless permitted or authorized by a
regulatory agency. .
(o) 'SIC Code~" means~ the identification number assigned by the
Standard Industrial iClassifilcation Code to specific types of businesses.
(p) 'Threateneld' release' means a condition creating a substantial
probability of harmI, when ihe probability and potential extent of harm
make it reasonably ~ecessarY to take i~mediate action to prevent, reduce,
or m£tigate damages !to persons, property, or the envtroru~ent:.
(q) '~me~ency~ rescue perso~el' means any public e~ployee,
~cludtn~, but not ~li~tted' to, any ~lreman, ftreft~hter, or e~ergency
rescue perso~el, a~ defined ~ Section 245.1 of the Penal Code, ~ho
responds to any co~dttlon Caused, ~ ehole or in part, by a hazardous
~aterial that Jeopardizes, or could Jeopardize, public health or safety or
the envlro~ent.
(~) 'City' ~c~udes any cEty and co~ty.
(s) 'Trade secret' means trade secrets as defied in subdivision (d)
of Section 6254.~ of, the Gove~ent Code and Section 1060 of the Evidence
Code.
(Added by Stats. 1985, Ch.
25501.1. Notwithstanding Section 25501, for purp~,ses of this
chapter, a hazardous substance'specified in paragraph (~) of subdivision
(k) of Section 25501 means those hazardous materials or substances listed
~ Parts 1~2 and 1~3 of Title 49 of the Code of Federal Regulations.
(Added by Stats. 1986, Ch. 463.)
25501.2. For p~rposes of the inventory requirements of this chapter,
'store,' as used in ~ubdivlsion (h) of Section 25501, does not lnclude the
storage of hazardous materials ~hich are tn transit or which are
temporarily maintain~d in a fixed facility for a period of less than
~ys dur~ the course of transportation.
(Added by Stats. 1986, Ch.
25501.4. (a) Not~ithstanding subdivis[on (c) of Section
'business' also inclgdes the federal ~ove~ent, to the extent authorized
by federal lay, or ~ny agency, department, office, board, co~isston, or
Bureau o[ state ~ove~ent, includEn~, but not limited to, the campuses
~e Cal~fo~ia Co~m~ity Colleges, the Caltfo~ia State U~,iversity, and
the University of Ca~tfo~ia.
(b) Notwithstanding subdivision (d) of Section R5505, and except as
provided in subdivision (c), any public agency ~htch is a business
pursuant to subdivision (a) shall be In compliance eith this chapter on or
before J~ua~ 1, 1990.
(c) From January 1, 1990, to January 1, 1992, the campuses of the
Callfo~ia comm~tty, colleges, the Califo~ta State Univer~ity, and the
University of Califo~ia are not required to include ~ their a~ual
~ventory, prepared ~ursuant .~o Section 25509, any quantity of a hazardous.
~erlal ~hich ls"~handledjl~:quantities less than 'the quantities specified
~ subdivision (a) ~f Section ~550~.5. The campuses of t'he Califo~ia
community colleges, the California State University, and the University of
California shall, until January 1, 1992, post signs in accordance with the
standards and orders adopted by the Occupational Safety and Health
Standards Board pursuant to Section 162.$ of the Labor Code.
(Added b~.$t, ats. 1988, Ch. 1585.)
25502. (a) Except as provided pursuant to subdivision (b), every
county shall implement this chapter as to the handlin$ of hazardous
materials in the county. Each county shall ensure full access to, and the
availability of, information 'submitted under this Chapter to emergency
rescue personnel and other appropriate $overnmental entities within its
Jurisdiction.
(b) A city may~ by ordinance or resolution, assume responsibility
for the implementation of this chapter and, if so, shall have exclusive
jurisdiction within the boundary of the city for the purposes of carryin$
out this chapter. The ordinance shall require that any person who
violates Section 25§07 shall be subject to the penalties specified in
Section 25515. A city which assumes responsibility for implementation of
this chapter shall provide notice of its ordinance or resolution to the
office and to the administratin$ agency of its county. It shall also
consult with, and coordinate its activities with, the county in which the
city is located to avoid duplicating efforts or any misunderstandings
regarding the areas, duties, and responsibilities of each administering
agency.
No city may assume responsibility for the implementation of this
chapter unless it has enacted an implementing ordinance or adopted an
implementing resolution not later than 60 days after the office adopts
regulations pursuant to Section 25503, except that a city may enact an
implementing ordinance or adopt an implementing resolution after this
60-day period, if it has an agreement with the county to do so. Any new
city has one year from the date of incorporation to enact an ordinance or
adopt a resolution implementing this chapter.
(c) The county and any city which assumes responsibility pursuant to
subdivision (b) shall designate a department, office, or other agency of
the county or city, as the case may be, as the administering agency
responsible for administering and enforcing this. chapter. The county and
any city which assumes responsibility pursuant to subdivision (b) shall
notify the office immediately upon making a designation, i county shall
designate an administering agency on or before January 30, 1986.
(Amended by Stats. 1986, Ch. 463.)
25503. (a) Not later than September 1, 1986, the office shall
adopt, after public hearing and consultation with the office of the State
Fire Marshal and other appropriate public entities, regulations for
minimum standards for business plans and area plans. All business plans
and area plans shall meet the standards adopted by the office.
(b) The standards for business plans in the regulations and adopted
pursuant to subdivision (a) shall do all of the following=
(1) Set forth minimum requirements of adequacy, and:not preclude the
imposition of additional or more stringent requirements by local
goverrunent.
(2) Take into consideration and adjust for the size and nature of
the business, the proximity 9f the business to residential areas and o~her
populations, and t~e natur~ of the damage potential of its hazardous
materials in estab%tshinE istandards for subdivisions (b) and (c) t of
Section 25504. i ~ '
(3) Take into account the existence of local area and business plans
which meet the requirements of this chapter so as to minimize .the
duplication of locil efforts, consistent with the obJecl:tves of this
chapter.
(4) Define wha~ releases and threatened releases are :required to! be
reported pursuant to Section 25507. The office shall consider the
existing federal reporting !requirements in deter~ining a definition of
reporting releases p~rsuant to Section 25507.
(c) An administering agency shall establish an area plan for
emergency response to a release or threatened release of a hazardous
material within it~ Jurisdiction. An area plan is not a statute,
ordinance, or regula}ton for:purposes of Section 669 of the ]Ivldence Code.
The standards for area plans in the regulations adopted pursuant to
subdivision (a) shal$ provide for all of the following:
(1) Procedures and protocols for emergency rescue personnel,
inCluding the safety.and health of those personnel. (2) Preemergen~y planninE.
(3) Nottficatiqn and coordination of onsite activities with state,
local, and federal agencies, responsible parties, and special districts.
(4) Training o~ appropriate employees.
(5) Onsite public safety and information.
(6) Required s~pplies and equipment.
(7) Access to emergency response contractors and hazardous waste
disposal sites.
(l) Incident c~ttique and followup.
(9) Requirements for notification to the office of reports made
pursuant to Section ~5507.
(d) The administering agency shall submit a copy of its proposed
area plan, within 1~0 days after adoption of regulations by the office
establishing area plan standards, to the office for review. The office
shall notify the a~,~inistering agency as to whether the area plan is
adequate and meets ~he area plan standards. The administering agency
shall within 45 days ,of this notice submit a corrected area plan.
The administering agency shall certify to the office every three
years that it has cqnducted a complete reviee of Its area plan and has
made any necessary revisions. Any tt~e an achninistering agency makes any
substantial changes t:o its area plan, it shall forward the clhanges to the
office within 14 days: after the changes have been made.
(e) An admints~ering agency shall submit to the office, along with
its area plan, both o~ the following:
(1) The basic ~rovtsions of a plan to conduct onsite inspections of
businesses subject t~ this chapter by either the administering agency or
other designated entity. These inspections shall ensure compliance with
this chapter and shall identify existing safety hazards that could cause
or contribute tO ~ r~lease a~d, where appropriate, enforce any app!.!cable
release of hazardous, material into the workplace or environment. The
requirements of this paragraph do not alter or affect the immunity
provided a public entity pursuant to Section 818.6 of the Government Code.
(2) A plan to institute a data management system which will assist
in the efficient access to and utilization of information collected under
this chapter~ This data management system sha~l,~,be,,~in~roperationwithin
two years after the business plans are required to be submitted to the
administering agency pursuant to Section 25505.
(f) The regulations adopted by the office pursuant to subdivision
(a) shall include an optional model reporting form for business and area
plans.
(A~ended by Stats. 1988, Ch. 1585.)
25503.1. The office and each administering agency shall adopt
reporting requirements, in cooperation with the Chemical Emergency
Planning and Response Commission, established by the Governor as the state
emergency response commission pursuant to subsection (a) of Section 11001
of Title 42 of the United State Code, which are consistent with the intent
and provisions of this chapter and with Chapter 116 (commencing with
Section 11001) of Title 42 of the United States Code, for the purpose of
eliminating duplicative reporting requirements, to the extent achievable
and practicable.
(Added by Stats. 1988, Ch. 1585.)
25503.5. (a) Any business, except as provided in subdivision (b),
which handles a hazardous material or a mixture containing a hazardous
material which has a quantity at any one time during the reporting year
equal to, or greater than, a total weight of 500 pounds, or a total volume
of 55 gallons, or 200 cubic feet at standard temperature and pressure for
compressed gas, shali establish and Implement a business plan for
emergency response to a release or threatened release of a hazardous
material in accordance with the standards in the regulations adopted
pursuant to Section 25503.
(b) (1) Hazardous material contained solely in a consumer product
for direct distribution to, and use by, the general public is exempt from
the business plan requirements of this chapter unless the administering
agency has found, and has provided notice to the business handling the
product, that the handling of certain quantities 'of the product requires
the submission of a business plan, or any portion thereof, in response to
public health, safety, or environmental concerns.
(2) in addition to the authority specified in paragraph (4), the
administering agency may, in exceptional circumstances, following notice
and public hearing, exempt from the inventory provisions of this chapter
any hazardous substance specified in subdivision (k) of Section 25501, if
the administering agency finds that the hazardous substance would not pose
a present or potential danger to the environment or to human health and
safety if the hazardous substance was released into the environment. The
administering agency shall specify in writing the basis for granting any
exemption under this paragraph. The administering agency shall send a
notice to the office within five days of the effective date of any
exemption granted pursuant to this paragraph.
-317-
(3) The admin~stering agency, upon application by a handler, may,
exempt a handler under the Conditions it deems proper from any portion of
the business plan up~on a written finding that the exemption would not pose
a significant presen:t or potential hazard to human health or safety o~r to
the environment or i affect ~the ability of the administer.%ng agency ~and
emergency rescue pe;rsonnel i to effectively respond to the release 0f a
hazardous material, [and that there are unusual circumstances justifying
this exemption. Th'e administering agency shall specify :in writing I the
basis for any exemp~;ton undei, r this paragraph.
(4) The admin!tstering, agency upon application by a handler !may
exempt a hazardous ~ateria! !from the inventory provisions of this chapter
upon proof that thle material does not pose a significant presentl or
hazard t~ human :health and safety or to the environment, if
potential
released into the ,workplace or environment. The admini~tering agency
shall specify in wrl~ttng the basis for any exemption under this paragraph.
(5) An adminisltertag agency shall exempt a business operating a farm
for purposes of c91ttvating the sot1 or raising or harvesting any
agricultural or hort!icultura,1 commodity from filing the information in the
business plan requir~ed by subdivision (b) and (c) of Section 25504 if all
of the following requirements are met:
(A) The handler annually provides the inventory of /~nformation
required by Section 25509 to the county agr£cultural commissioner before
January i of each ye,ar.
(B) Each buil~ding in which hazardous materials subject to this
chapter are stored is posted with signs, in accordance with regulations
which the office sha~ll adoPt, which provide notice of the ~storage of any
of the following:
(t) Pesticides.
(ii) Petroleum fuels and otl.
(iii) Types of f~rttlizers.
(C) Each county agricultural commissioner forwards the inventory to
the administering agency within 30 days after receiving the inventory.
(c) The administering agency shall provide all Information obtained
I
from completed lnv~entory forms, upon request, to emergency rescue
!
personnel on a 21-ho,ur basis.
(d) The administering agency shall adopt procedures to provide for
public input when approving any applications submitted pursuant to
paragraph (3) or (~) of subdivision (b).
(Amended by Stats. 1986, Ch. ~63.)
25503.6. Any business which is required to establish ~ad implement a
business plan pursuant to Section 25503.5 and is located on leased or
rented real property shall notify, in writing, the owner of! the property
that the business is subject to Section 25503.5 and has complied with its
provisions, and shall provide a copy of the business plan to the owner or
the owner's agent within five working days after receiving a request for. a
copy from the owner pr the owner's agent.
(Added by Stats; 1988, Ch. 12.)
/
-318- 0
25503.7. (a) Vhen any railroad car containin$ any hazardous
material or hazardous substance remains within the same railroad facility
or business facility for more than 30 days, or a business knows or has
reason to know that any railroad car containinS any hazardous material or
.. hazardous substance will remain at the same railroad facility or business~
facility for more than 30 days, the hazardous material or hazardous
substance is deemed stored at that location and for purposes of this
chapter and subject to the requirements of this chapter.
(b) Notwithstanding Section 25510, a business handling hazardous
materials or hazardous substances which are stored in a manner subject
subdivision (a) shall £mmediately notify the administering agency whenever
a hazardous material or hazardous substance is stored in a railroad car.
(Amended by Stats. 1988, Ch. 1652.)
25503.$. (a) Any business not subject to subdivision (a) of
Section 25503.$ which is required to submit chemical inventory in£ormation
pursuant to Section 11022 of Title 42 of the United States Code, as that
section reads on January 1, 1988, or as it may be subsequently amended,
shall establish and implement a business plan in accordance with
Section 25503.5' and Section 25505.
(b) Any business required to establish and implement a business plan
pursuant to subdivision (a) shall not be deemed to be in violation of this
chapter until the date of the next reporting period, specified in
subdivision (d) of Section 25505, which occurs after the business becomes
subject to subdivision (a), unless the administering agency requests the
business to establish and implement the business plan at an earlier date.
(Added by Stats. 1988, Ch. 1585.)
25504. Business plans shall include all of the following=
(a) The inventory of information required by Section 25509 and
whatever additional information that ~he administering agency finds is
necessary to protect the health and safety of persons, property, or the
environment. Any such information is, however, subject to trade secret
protection pursuant to Section 25511.
(b) Emergency response plans and procedures in the event of a
reportable release or threatened release of a hazardous material,
including, but not l~mited to, all of the following=
(1) Immediate notification to the administering agency and
appropriate local emergency rescue personnel and the office.
(2) Procedures for the mitigation of a release or threatened release
to minimize any potential harm or damage to persons, property, or the
environment.
(3) Evacuation plans and procedures, including immediate notice, for
the business site.
(c) Training for all new employees and annual training, ~nclud£ns
refresher courses, for all employees in safety procedures in the event of
a release or threatened release of a hazardous material, £ncluding,
not limited to, familiarity with the plans and procedures specified in
subdivision (b). These tra£ning programs may take into consideration the
position of each employee.
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(d) Any business required to file a pipeline operations contingency
plan in accordance:with the California Pipeline Safety Act of 1981
(Chapter 5.5 (commencing with section 51010) of Part 3 of Division 1
~ Colde) and the regulations of the Department' of
Title 5 of the Government
Transportation, foun'd in P~rt 195 of Title 49 of the Code of Federal
Regulations, may fil~ a copy!of those plans with the admini:stering agency
instead of filing an emergency response plan specified in subdivision (b).
(e) Any business operating a farm exempted by paragraph
subdivision (b) of Section 2,5503.5 from filing the information specified
in subdivisions (b) and (~), shall, notwithstanding this exemption,
provide the training programs specified in subdivision (c).
(Amended by Stals. 1986, Ch. 463.)
25505. (a) No~ later than six months after the .office adopts
regulation standards, for business plans, each handler shall submit its
business plan to the administering agency and certify that it meets the
requirements of this'chapter~ If, after review, the administering agency
determines that the ~andler's business plan is deficient in any way, the
administrative agency shall notify the handler of these defects. The
handler shall submitl a corrected business plan within 30 days of the
notice. If a handler fails 'after reasonable notice to submit a business
plan in compliance iwith this chapter, the administering agency shall
immediately take app{oprtate action to enforce this chapter, including the
imposition of civil and criminal penalties specified in this chapter.
(b) In additio~ to the requirements of Section 25510, whenever a
substantial change t~ the handler's operations occurs which requires a
modification of its business plan, the handler shall submit a copy of the
plan revisions to the administering agency within 30 days of the
operational change.
(c) The handler shall, in any case, review the business plan,
submitted pursuant to subdivisions (a) and (b), on or before
January 1, 1988, and at least once every two years thereafter, to
determine if a revision is needed and shall certify to the administering
agency that .the revigw was made and that any necessary changes were made
to the plan. A copy of these changes shall be submitted to the
administering agency :as part of this certification.
(d) Unless exempted from the business plan requirements under this
chapter, any business which handles a hazardous material shall annually
submit a completed ;inventory form to the administering agency of the
county or city in ~htch the business is located. Notwitlhstanding any
other provision of !aw, an inventory form shall be filed on or before
January 1, 1988, for the 1988 calendar year, and annually thereafter.
~is inventory shalll be filed annually, notwithstanding the review
requirements of s.ubdi, vtsion (c).
(Amended by Stat[s. 1986, Ch. ~6~.)
2~0~.1. An ad~,~inistertng agency ~ay use the offices of the county
agricultural commissioners to distribute business plan forms to farmers
who are subject to Section 25505.
.~(Added by Stats. 1986, Ch. 463.) ., ·
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25505.2. (a) NotvithstandinS any other provision of this chapter,
any city or county which, on September 1, 1985, had in effect a local
ordinance containing business inventory reporting requirements
substantially similar to this chapter, as amended by the act enacting this
section, is exempt from having to implement any regulations adopted by the
office concerning business plans upon meeting both of the following
requirements~
(1) Not later than 90 days after the effective date of the act
enacting this section, the city or county enacts an ordinance, or amends
its existing ordinance, so that its requirements for business plans are
the same as, or more restrictive than, this.chapter, including subdivision
(a) of Section 25503.5 and Sections 25506 and 25509.
(2) The of£ice certifies that the ordinance's requirements are in
compliance with paragraph (1) and that the city or county is implementing
~he ordinance, based upon evidence submitted by the city or county.
Applications for exemption shall be filed with the office not later than
120 days from the effective date of the act enacting this section and the
office shall certify or reject the applications within 60 days after
receipt. The city or county may file an appeal of the decision of the
office with the Director of the Office of Emergency Services, under
procedures established by the office.
(b) This section does not exempt any adm£nistering agency from
compliance with any other provision of this chapter.
(c) Any business located in a city or county which is exempt from
the regulations adopted pursuant to this chapter concerning business
plans, shall comply with the ordinance adopted by the city or county.
(Added by Stats. 1986, Ch. 663.)
2§505.$. (a) Any administering agency which, pursuant to a local
ordinance, is collecting substantially the same information required by
Sections 25506 and 25509, on or before the business plan submission date
specified in subdivision (a) of Section 25505, may collect only the
additional information necessary to bring the business plans and inventory
forms into compliance with this chapter, for the purposes of the business
plans and inventory forms required to be submitted in 1987.
(b) This section shall remain in effect only until January 1, 1988,
and as of that date is repealed.
(Added by Stats. 1986, Ch. 663.)
25505.4. (a) Notwithstanding any other provision of this chapter,
any administering agency which, on May 31, 1986, had in effect a local
ordinance containing business inventory reporting requirements
substantially similar to this chapter may extend the date for submission
of a business plan by a handler pursuant to this chapter to a date not
later than January 1, 1988.
(b) Any administering agency which extends the date for submission
of a business plan shall submit to the office a schedule for the
submission of the business plan and a copy of the local ordinance.
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(c) This sect/on shall remain in, effect only until January 1, 1988,
and as of that date lis repea!led, unless a later enacted statute, which is
enacted before January 1, 1988, delete~, or extends that date.
(Added by Stats.. 1986, Ch. 1260.)
25505.5. Notwithstanding any other provision of law, no public
entity shall be held liablelfor any injury or damages resulting from an
inadequate or negligent review of a business plan conducted pursuant to
Section 25505. '
(Added by Stats, 1988, Ch. 1585.)
25506. (a) The administering agency shall maintain records of all
business plans received and shall index them by street address and company
name. The businessl plan and revisions shall be available for public
inspection during th~ regulak'working hours of the admints~ering agency,
except that those pprttons bf the business plan specifying the precise
location where hazardous materials are stored and handled onsite,
including any maps of the site, as required by paragraph (5) of
subdivision (a) of Section 25509, shall not be available for inspection.
The administering aggncy shall transmit copies of the entire business plan
or any information cgntained in the business plan to any requesting state
or local agency.
(b) Any perso~ who files an Inventory form required under
Section 25509 with the administering agency shall be deemed to have filed
the inVentory form required by subsection (a) of Section 1102 of Title 42
of the United States Code with the state emergency response commission and
emergency planning committee established pursuant to Sect;ion 11001 of
Title 42 of the United States Code.
(c) The adminilstering agency shall, upon request, transmit the
information collected pursuant to this chapter to the Chemical Emergency
Planning and Response Commission, established by the Governor as the state
emergency response commission pursuant to subsection (a) of Section 11001
of Title 42 of the United States Code, and to the local emergency planning
committee establishe~ pursuant to subsection (c) of Sec%ion 11001 of
Title 42 of the United States Code.
(Amended by Stats. 1988, Ch. 1585.)
25507. (a) Except as provided in subdivision (b), the handler or
any employee, authorized representative, agent, or designee of a handler
shall, upon discovery, immediately report any release or threatened
release of a hazardous material to the administering agency, and to the
office, in accordance with the regulations adopted pursuant to Section
25503. Each handler and any employee, authorized representative, agent,
or designee of a handler shall provide all state, city, or county fire or
public health or safety personnel and emergency rescue personnel vith
access to the handle['s facilities.
(b) Subdivision (a) does not apply to any person engaged in the
transportation of a hazardous material on a highway which is subject to,
and in compliance wish, the requirements of Sections 2453 and 23112.5 of
the Vehicle Code.
(Amended by $tat!s. 1988, Ch. 1585.)
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25507.1. (a) Any bus[ness required to submit a followup emergency
notice pursuant to subdivision (c) of Sect[on 11004 of Title 42 of the
United States Code, as that section reads on Sanuary l, 1989, or as it may
be subsequently amended, shall submit the notice on a form approved by the
office.
(b) The office may adopt guidelines for the use of the forms
required by subdivision (a).
(Added by Stats. 1988, Ch. 1585.)
25508. Zn order to carry out the purposes of this chapter, any
employee or author[zed representative of an administering agency has the
authority spect£[ed in Section 25185, with respect to the premises of a
handler, and in Section 25185.5, with respect to real property which is
within 2,000 feet of the premises of a handler, except that this authority
shall Include Inspections concerning hazardous material, tn addition to
hazardous vaste.
(Amended by Stats. 1986, Ch. 463.)
25509. (a) The annual inventory form shall include, but shall not
be limited to, information on all of the following which are handled in
quantities equal to or greater, than' the quantities specified in
subdivision (a) of Sect[on 25503.5:
(1) A listing of the chemical name and common names of every
hazardous substance or chemical product handled by the business.
(2) The category of waste, including the general chemical and
mineral composition of the waste listed by probable maximum and minimum
concentrations, of every hazardous waste handled by the business.
(3) A listing of the chemical name and common names of every other
hazardous material or mixture containing a hazardous material handled by
the business which ts not otherwise listed pursuant to paragraph (1) or
(2).
(4) The maximum amount of each hazardous material or mixture con-
raining a hazardous material disclosed in paragraphs (1), (2), and (3)
which is handled at any one time by the business over the course of the
year.
(5) Sufficient information on how and where the hazardous materials
disclosed in paragraphs (1), (2), and (3) are handled by the business to
allow fire, safety, health, and other appropriate personnel to prepare
adequate emergency responses to potential releases of the hazardous
materials.
(6) The SIC Code number of the business if applicable.
(7) The name and phone number of the person representing the
business and able to assist emergency personnel tn the event of an
emergency Involving the business during nonbustness hours.
(b) The administering agency may permit the reporting of the amount
of hazardous material under this section by ranges, rather than a specific
amount, as long as those ranges provide the Information necessary to meet
the needs of emergency rescue personnel, to determine the potential hazard
from a release of the materials, and meets the purposes of this chapter.
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(c) Except as ,providedI in subdivision (d), the annual inventory form
required by this section Shall also~ include all inventory information
required by Section'l1022 of Title 42~of the United States Code, as ~hat
section reads on Jan~uary 1, ~989, or as 'it may be subsequently amended.
The office mayi adopt or amend existing regulations specifying 'the
inventory information required by this subdivision.,
(d) If. pursuant to federal law or regulation, as it currently
~ ,
exists or as it may be amended, there is a determination that the
inventory informatkon required by subdivisions (a) and (b) : is
substantially equiva!lent tothe inventory information required under !the
Emergency Planning !and, Community Right-to-Know Act. of 1986 (42 U.S.C.
Sec. 11001 et seq.),: the requirements of subdivision (c) shall not apply.
(~nended by Sta~s..19881, Ch. 1585.)
25509.1. Notwt}hstanding subdivision (a) of Section 25509, an
administering agencylmay collect any or all of the information required to
be reported in an fll~ventory form from another public agency, under all of
the following conditions:
·
(a) The information collected is the same information required under
subdivision (a) of S~ction 25509.
(b) The admin~stering agency receives this information not later
than would otherwise be required under this chapter.
(c) The information was originally provided by the handler to the
public agency pursuant to a statutory requirement.
(Added by Stats, 1986, Ch. &63.)
25509.3. The .annual inventory required by Section 25509 shall also
include the total es~imated amounts of each hazardous waste handled by .the
business throughout the course of the year.
(Added by Stats. 1986, Ch. 1260.)
25510. Within 30 days of any one of the following events, any
business subject to Section 25505 shall submit an amendment to the
inventory form deta!iling the handling, and the following appropriate
information:.
(1) A 100 percent or more increase in the quantity of a previously
disclosed material.
(2) Any handl.tng of a previously undisclosed hazardous material
subject to the inventory requirements of this chapter.
Change of business address.
Change of business ownership.
(5) Change of business name.
(~nended by Sta~s. 1986, Ch.
25511. (a) If a business believes that the inventory required:by
this chapter lnvolve~ the release of a trade secret, the business shall
nevertheless make th'~ disclosure to the administering agency, and shall
notify the adminlste~tng agency in writing of that belief on the Inventory
form. As used in thSs chapter 'trade secret' has the meanings given to it
by, Section, 625.4.,7.of,the Government Code and Section 1060 of the Evidence
Code.
-~24-
(b) Subject to this section, the administering agency shall protect
from disclosure any trade secret designated as such by the handler.
(c) Upon receipt of a request for the release of information to the
public which includes information which the' handler has notified the
administering agency is a trade secret pursuant to subdivision (a), the
administering agency shall notify the handler-'in writin'~"~ff'~;'"~eques't bY' '
certified mail, return receipt requested. The administering agency shall
release the information to the public, but not earlier than 30 days after
the date of mailing the notice of the request for information, unless,
prior to the expiration of the SO-day period, the handler files an action
in an appropriate court for a declaratory judgment that the information is
subject to protection under subdivision (b) or for an injunction
prohibiting disclosure of the information to the public and promptly
notifies the administering agency of that action. This section does not
permit a handler to refuse to disclose the information required pursuant
to this chapter to the administering agency.
(d) Any information which is confidential pursuant to this section
shall not be disclosed to anyone except the following:
(1) An officer or employee of the county or city, the state, or the
United States, in connection with the official duties of that officer or
employee under any law for the protection of health, or to contractors
with the county or city and their employees if, in the opinion of the
administering agency, disclosure is necessary and required .for the
satisfactory performance of a contract, for performance of work, or to
protect the health and safety of the employees of the contractor.
(2) Any physician where the physician certifies in writing to the
administering agency that the information is necessary to the medical
treatment of the physician's patient.
(e) For purposes of this section, fire and emergency rescue
personnel and county health personnel operating within the jurisdiction of
the county or city shall be considered employees of the county or city, as
the case may be.
(f) Any physician who, by virtue of having obtained possession of,
or access to, confidential information, and who, knowing that disclosure
of the information to the general public is prohibited by this section,
knowingly and willfully discloses the information in any manner to any
person not entitled to receive it, is guilty of a misdemeanor.
(g) Any officer or employee of the county or city or former officer
or employee who, by virtue of that employment or official position, has
possession of, or has access to, confidential information, and who,
knowing that disclosure of the information to the seneral public
prohibited by this section, knowingly and willfully discloses the
information in any manner to any person not entitled to receive it, is
guilty of a misdemeanor. Any contractor with the county or city and any
employee of the contractor, who has been furnished information as
authorized by this section, shall be considered an employee of the county
or city for purposes of this section.
(h) Informati°n certi'fied by appropriate officials of the United
States as necessarylto be kept secret~for national defense purposes s~all
be accorded the fulll protections against disclosure as specified by those
officials or ~n accordance with the laws of the United States.
(Added by Stat~. 1985.1Ch. 1167.)
25512. (a) Tl~e submission of any information required under ~his
chapter does not ~ffect any other liability or responsibility of a
business with regar~ to safeguarding the health and safety of an employee
or any other person:
(b) Complianc~ with ,this chapter shall not be deemed to~ be
compliance with theiduty oflcare required of any business :Eot purposes of
any judicial or administrative proceeding conducted pursuant to any other
provision of law.
(Amended by St~ts. 1986, Ch. 463.)
25513. Each a,dmtnlsterlng county or city may, upon a ~ajority vote
of the governing bo~y, adopt a schedule of fees to be collected fro~ each
~usiness required t~ submit a business plan pursuant to thi~ chapter
is within its Jurisdiction. The governing body may provide for the waiver
of fees when a business as defined in Section 25501.i subn~tts a business
plan. The fee shall be set in an amount sufficient to pay only those
costs incurred by (he county or city in carrying out this chapter. In
determining the fee schedule, the achninistertng agency shall consider the
volume and degree o~ hazard potential of the hazardous materials handled
by the businesses sUbject to this chapter.
(Amended by St~ts. 1988', Ch.
25513.1. (a) On or before January 1, 1987, the board of supervisors
of a county say, by resolution, appl7 to the Controller for a loan to pay
for the costs necesslary to initially implement this chapter,
(b) Each county may apply for one loan tn an a~ount not to exceed
seventy-five thousand dollars ($75,000).
(c) ~he Controller shall develop procedures for the submission of
resolutions PursUantl to this: section.
(d) A county s~a11 repay the loan wtthh 1~ months from the day the
loan is ~ade by the Controller, or on April 1, 1988, ~ichever comes
first. The loan s~all be repaid with interest charged at the rate of
interest earned by ~he Pooled Honey Investment Account on the date when
the loan is made.~
(e) There is hereby appropriated from the General Fund to the
Controller, the fu~ds necessary to make the loans pursuant to this
section.
(f) If a county does not repay the loan and interest thereon within
the time required by subdivision (d), the Controller shall withhold the
amount which is unpaid from any state payments which are due to the
county.
(Added by Stats 1986, Ch.
·-~26'
25514. (a) Any business that violates Sections 25503.5 to 25505,
inclusive, or. Sections 25508 to 25510, inclusive, shall be civilly liable
to the administering county or city in an amount of not more than two
thousand dollars ($2,000) for each day in which the violation occurs. If
the violation results in,.or significantly contributes to,~an emergency,
including a fire, the business shall also be assessed the full cost of the
county or city emergency response, as well as the cost of cleaning up and
disposing of the hazardous materials.
(b) Any business that knowingly violates Sections 25503.5 to 25505,
inclusive, or Sections 25508 to 25510, inclusive, after reasonable notice
of the violation shall be civilly liable to the administering county or
city in an amount not to exceed five thousand dollars ($5,000) for each
day in which the violation occurs.
(Added by Stats. 1985, Ch.
25515. Any person or business who violates Section 25507 shall, upon
conviction, be punished by a fine of not more than twenty-five thousand
dollars ($25,000) for each day of violation, or by /mprisonment in the
county Jail for not more than one year, or by both the fine and
imprisonment. If the conviction is for a violation committed after a
first conviction under this section, the person shall be punished by a
fine of not less than two thousand dollars ($2,000) or more than fifty
thousand dollars ($50,000) per day of violation, or by imprisonment in the
state prison for 16, 20, or 24 months or in the county jail for not more
than one year, or by both the fine and imprisonment. Furthermore, if the
violation results in, or significantly contributes to, an emergency,
including a fire, to which the county or city is required to respond, the
person shall also be assessed the full cost of the county or city
emergency response, as well as the cost of cleaning up and disposin$
the hazardous materials.
(Added by Stats. 1985, Ch. 1167.)
25515.1. Any person who willfully prevents, interferes with, or
attempts to impede the enforcement of this chapter by any authorized
representative of an administering agency is, upon conviction, guilty of a
misdemeanor.
(Added by Stats. 1986, Ch. 463.)
25515.2. (a) All criminal penalties collected pursuant to this
chapter shall be apportioned in.the following manners
(1) Fifty percent shall be paid to the office of the city attorney,
district attorney, or Attorney General, whichever office brought the
action.
(2) Fifty percent shall be paid to the agency which is responsible
for the investigation of the action.
(b) All civil penalties collected pursuant to this chapter shall be
apportioned in the following manners
(1) Fifty percent shall be paid to the office of the city attorney,
district attorney, or Attorney General, whichever office brought the
action.
(2) Fifty percent shall be paid to the agency responsible for the
investigation of the action.
-327-
I
(c) In all civil and Criminal actions in which a penailty is imposed,
the amount of two h~ndred dollars ($200) shall be deducted from the amount ?_
of the civil or crim.'inal pen, alty before the amount is apportioned pursuant
to subdivision (a)'or (b).~ This two hundred dollars ($200) shall! be
deposited in the Hazardous Material and Waste Enforcement Training Fund,
which is hereby established "in the General Fund. ~
(d) The money:s in the Hazardous Material and Waste Enforcement
Training Fund shall', be available for expenditure, upon appropriatioh by
the Legislature, to: the Office of Criminal Justice Planning, to support
training in the inYestigation and prosecution of violations of laws !and
regulations concern,ing hazardous materials and wastes by local, coup, ty,
and state hazardousl materia~l and waste enforcement officers, including,
but not limited to, ,firefighters, police officers, local health officers,
city attorney and district attorney criminal investigators, city
attorneys, and district attorneys.
(e) If a reward is paid to a person pursuant to Section 25517, the
amount of the reward, shall be deducted from the amount of the criminal or
civil penalty befor, e the amount is apportioned pursuant to subdivision
: (a), (b), and (c). ~
(Added by Stats. 1986, Ch. 463.)
25516. ~hen the administering agency determines that a business has
engaged in, is engag, ed in, or is about to engage in any acts or practices
which constitute or will constitute a violation of this chapter or 'any
regulation or order promulgated thereunder, and when requested by the
administering agency, the city attorney of the city or the district
attorney of the coun. ty in which those acts or practices have, occurred, are
occurring, or will occur shall make application to the superior court for ~
an order enjoining the acts or practices or for an order directing
compliance, and, upon a showing that the person or business has engaged
in, is engaged in, or is about to engage in the acts or practices, a
permanent or tempora:ry injunction, restraining order, or other appropriate
order may be granted,. This section does not prohibit a city attorney or
district attorney from seeking the same relief upon the city attorney's or
district attorney' s ova motion.
(Added by Stats'. 1985, Ch. 1167.)
2551S.1. Every civil action brought under this chapter shall be
brought by the city attorney, district attorney, or Attorz~ey 6eneral in
the name of the people of the State of California, and any actions
relating to the same violation may be Joined or consolidated.
(Added by Stats. 1986, Ch. 463.)
25516.2. (a) In any civil action brought pursuant to this chapter
in which a tempor,ary restraining order, preliminary £nJunctlon, or
permanent injunction Is sought, it is not necessary to allel~e or prove at
any stage of the proceeding any of the following:
(1) Irreparabl.~ damage will occur should the temporary restraining
order, preliminary l,nJunctton, or perEanent injunction not be issued.
(2) The remedy, at law is inadequate. :'
-328-
(b) The court shall issue a temporary restraining order, preliminary
injunction, or permanent injunction in a civil action brought pursuant to
this chapter without the allegations and without the proof specified in
subdivision (a).
(Added by Stats. 1986, Ch. 463.) · ~
25517. (a) Any person who provides information which materially
contributes to the imposition of a civil penalty, whether by settlement or
court order, under Section 25514, as determined by the city attorney,
district attorney, or the Attorney General filing the action, sba1! be
paid a reward by the administering agency or the state equal to 10 percent
of the amount of the civil penalty collected. The reward shall be paid
from the amount of the civil penalty collected. No reward paid pursuant
to this subdivision shall exceed five thousand dollars ($5,000).
(b) Any person who provides information which materially contributes
to the conviction of a person or business under Section 25515, as
determined by the city attorney, district attorney, or the Attorney
General filing the action, shall be paid a reward by the administering
agency or the state equal to 10 percent of the amount of the fine
collected. The reward shall be paid from the amount of the civil penalty
collected. No reward paid pursuant to this subdivision shall exceed five
thousand dollars ($5,000).
(c) No informant shall be eligible for a reward for a violation
known to the administering agency, unless the information materially
contributes to the imposition of criminal or civil penalties for a
violation specified in this section.
(d) If there is more than one informant for a single violation, the
person making the first notification received by the office .which brought
the action shall be eligible for the reward, except that, if the
notifications are postmarked on the same day or telephoned notifications
are received 'on the same day, the reward shall be divided equally among
those informants.
(e) Public officers and employees of the United States, the State of
California, or counties and cities in this state are not eligible for the
reward pursuant to subdivision (a) or (b), unless the providing of the
information does not relate in any manner to their responsibilities as
public officers or employees.
(f) An informant who is an employee of a business and who provides
information that the business has violated this chapter is not eligible
for a reward if the employee intentionally or negligently caused the
violation or if the employee's primary and regular responsibilities
included investigating the violation, unless the business knowingly caused
the violation.
(g) The administering agency or the state shall pay rewards under
this section pursuant to the following procedures~
(1) An application shall be signed by the informant and presented to
the administering agency or the state within 60 days after a final
judgment has been entered or the period for an appeal of a judgment has
expired.
-329-
(2) The determination b7 the district attorney or city attorne~ or
Attorney General as to whether the information provided by the applicant
materially contribu~ed to the imposition of a judgment under Section 25514
or 25515 shall be final.
(3) The administering ~gency or the state shall notify the applicant
in writing of its d~cision ~o grant or deny a reward within a reasonable
time period followi~g the filling of an application.
(4) Approved ~eward claims shall be paid by the administering agency
or the state within 130 days of the collection and deposit of the penalties
specified in subdiv~sion (a)i and (b).
(h) The names: of reward applicants or informants shall not be
disclosed by the administering agency or the state unless the names are
otherwise publicly disclosed' as part of a judicial proceeding.
(i) Notwithstanding any other provision of this section, rewards
paid by the stateI shall only be paid after appropriation by the
Legislature.
(Amended by Stats. 1986, Ch. 463.)
25517.5. (a) .The office may develop materials, such as guidelines
and informational pamphlets, to assist businesses to fulf£11 their
obligations under th!is chapter.
(b) The office may adopt emergency regulations for the purpose of
implementing Sections 25503 .and 25509. These emergency regulations shall
be adopted by the office in accordance with Chapter 3.5 (commencing with
Section 11340) of Part i of Division 3 of Title 2 of the Government Code,
and for purposes of that chapter, the adoption of these regulations is an
emergency and shall be considered by the Office of Administrative Law as
necessary for the ~mmediate preservation of the public peace, health, and
safety, or general welfare.
(Added by Stats. 1986, Ch. 463.)
25518. This chapter shall be construed liberally so as to accomplish
the intent of the L~gislature in protecting the public health and safety
and the environment.
(Added by Stats. 1985., Ch. 1167.)
25519. If any ~provision of this chapter or the appl~cation thereof
to any person or circumstances is held invalid, that invali.dity shall not
affect other provisions or applications of the chapter whicl~ can be given
effect without the .invalid provision or application, and to that end the
provisions of this chapter are severable.
(Added by Stats. 1985, Ch. 1167.)
25520. The office, not later than January 10, 1986, shall adopt
emergency regulatio~s for the immediate report of release or threatened
release of a hazardous material as required by Section 25507 unt.il
regulations are adopted
pursuant to Section 25503. Regulations adopted
pursuant to this s%ction are not subject to review by the Office of
Administrative Law.
(Added by Stats. 1985, Ch. 1167.)
25521. '(Repealed by Stets. 1986, Ch. 1.)
Article 2. Hazardous Haterials Hanasement
(Article 2 added by Stats. 1986, Ch. 1260)
25531. The Legislature finds and declares that a significant number
of chemical manufacturing and processing facilities generate, store,
treat, handle, refine, process, and transport hazardous materials. The
Legislature further finds and declares that, because of the nature and
volume of chemicals handled at these facilities, some of those operations
may represent a threat to public health and safety if chemicals are
accidentally released.
The Legislature recognizes that the potential for explosions, fires,
or releases of toxic chemicals into the environment exists. The
protection of the public from uncontrolled releases or explosions of
hazardous materials is of statewide concern.
There is an increasing capacity to both minimize and respond to
releases of toxic air contaminants and hazardous, materials once they
occur, and to formulate efficient plans to evacuate citizens if these
discharges or releases cannot be contained. However, programs designed to
prevent these accidents are the most effective way.to protect the
community health and safety and the environment.
These programs should anticipate the circumstances that could result
in their occurrence and require the taking of necessary precautionary and
preemptive actions, consistent with the nature of the hazardous materials
handled by the facility and the surrounding environment.
(Added by Stats. 1986, Ch. 126o.)
25532. Unless the context indicates otherwise, the following
definitions govern the construction of this article:
(a) 'Acutely hazardous material' means any chemical designated an
extremely hazardous substance which is listed in Appendix A of Part 355 of
Subchapter $ of Chapter I of Title 40 of the Code of Federal Regulations.
(b) 'Acutely hazardous materials accident risk' means a potential
for the release of an acutely hazardous material into the environment
which could produce a significant likelihood that persons exposed may
suffer acute health effects resulting in sitnificant injury or death.
(c) 'Administering agency' means the department, office, or other
agency of a county or city which is designated pursuant to Section 25502
to implement this chapter.
(d) 'Handler' means any business which handles an acutely hazardous
material, except where all of the acutely hazardous materials present at
the business are handled in accordance with a removal or remedial action
taken pursuant to the Carpenter-Presley-Tanner Hazardous Substance Account
Act (Chapter 6.8 (commencing with Section 25300)).
(e) '~odtfted facility' means an addition or change to a facility or
business which results in either a substantial increase in the amount of
acutely hazardous materials handled by the facility or business, or a
significantly increased risk in handling an acutely hazardous material, as
determined by the administering agency. 'Hodified facility' does not
include an increase in production up to the facility,s existing operating
capacity or an increase in production levels up to the production levels
authorized in a permit granted pursuant to Section ~2300.
-331-
(f) 'Qualifie~ person"I means a person who is qualified to attest; at
a minimum, to the v~lidity of the hazard and operability studies performed
pursuant to Section 25534, and the relationship between the corrective
steps taken by the handler following the hazard and operability studies
and those hazards w~lch were; identified in the studies.
($) 'Risk manggement and prevention program" or "RI/PP' means all of
the administrative and operational programs which are desi~ed to prevent
acutely hazardous m~terlals :accident risks, including, but not limited to,
programs which include design safety of ney and existing equipment,
standard operating Procedures, preventive maintenance programs operator
training and accidept investigation procedures, risk assessment for unit
operations, or operlating alternatives, emergency response planning, and
internal or externa~ audit .procedures to ensure that these programs are
being executed as p}anned.
(Amended by StAts. 1987, Ch. 1~15.)
25555.. (a) On or before September 1, 1987, the Office of Emergency
Services shall develop an acutely hazardous materials registration form to
be completed by the ,owner or operator of each business in the state which,
at any time· handles any acutely hazardous material. Except as provided
in Section 255~6, on or before January 1, 1988, any businesi~ which handles
acutely hazardous m~terials in the amounts specified in subdivision (a) of
Section 25536 shall file the registration form with the administering
agency. The OffiCe of 'Emergency Services may adopt appropriate
regulations to imple':ment the. requirements of this section.
(b) The acutely hazardous materials registration form shall include,
but is not limited to, all o~ the following information:
(1) The information included in the business plan prepared pursuant
to Section 25504.
(2) A general description of the processes and principal equipment
involved in the handlling of the acutely hazardous materials,
(c) ~ithin 30 .days of any one of the following events· any business
subject to this section shall submit to the administering agency an
amendment to the relistratton form:
(1) Any handling of an acutely, hazardous material which was not
mentioned on the registration form.
(2) Any material or substantial alterations or additions to the
business or activity which require changes in the risk management program
that are different from, or absent in, the present program.
(3) Change of business address.
(4) Change of business ownership.
(5) Change of business name.
(d) Any business which submits a certified risk management and
prevention program pursuant to Section 255~4 shall implement the approved
risk management and prevention program.
(Amended by Sta[ts. 1987, Ch. l&lS.)
-332-
25536. (a) After receiving an acutely hazardous, material
registration form filed pursuant to Section 25533, the administering
agency may require the submission of an RRPP if the administering agency
determines that the handler's operation may present an acutely hazardous
materials accident risk. The handler shall prepare the RMPP in accordance
with subdivision (c).
(b) In addition to any requirements imposed, pursuant to subdivision
(a), an owner or operator of a new or modified facility which will be used
for the handling of acutely hazardous materials and which will commence
operations on or after January 1, 1988, in the case of a new facility or
commence the operations which will be modified on or after
· January 1, 1988, in the case of an existing facility, shall prepare a risk
management and prevention program.
(c) The R~PP shall include all of the following elements:
(1) A description of each accident involving acutely hazardous
materials which has occurred at the business or facility within three
years from the date of the request made pursuant to subdivision (a),
together with a description of the underlying causes of the accident and
the measures taken, if any, to avoid a recurrence of a similar accident.
(2) A report specifying the nature, age, and condition of the
equipment used to handle acutely hazardous materials at the business or
facility and any schedules for testing and maintenance.
(3) Design, operating, and maintenance controls which minimize the
risk of an accident involving acutely hazardous materials.
(4) Detection, monitoring, or automatic control systems to minimize
potential acutely hazardous materials accident risks.
(5) A schedule for implementing additional steps to be taken by the
business, in response to the findings of the assessment performed pursuant
to subdivision (d), to reduce the risk of an accident involving acutely
hazardous materials. These actions may include any of the. following:
(A) Installation 'of alarm, detection, monitoring, or automatic
control devices.
(B) Equipment modifications, repairs, or additions.
(C) Changes in the operations, procedures, maintenance schedules, or
facility design.
(6) Auditing and inspection programs designed to allow the handler
to confirm that the risk management and prevention program is effectively
carried out.
(7) Recordkeeping procedures for the risk management and prevention
program.
(d) The RMPP shall be based upon an assessment of the processes,
operations, and procedures of the business, and shall consider ali of the
following:
(1) The results of a hazard and operability study which identifies
the hazards associated with the handling of an acutely hazardous material
due to operating error, equipment failure, and external events, which may
present an acutely hazardous materials accident risk.
(2) For the hazards identified in the hazard and operability
studies, an offsite consequence analysis which, for the most likely
hazards, assumes pessimistic air dispersion and other adverse
environmental conditions.
=333-
(e) The business shall submit~ to the administering agency any
additional supporting technical information deemed necessary by the
administering agency to 'clarify information submitted pursuant to
subdivision (c).
(f) A handler shall maintain all records concerning a .risk
management and prev~ention Program for a period of at least five years.
(g) The riskimanagement and prevention program shall identifyl, by
title, all personnell at the business who are responsible for carrying out
the specific elements of the RMPP, and their respective responsibilities,
and the RM?P shal~ include a detailed training program to ensure that
those persons are able to implement the RMPP.
(h) The handler shall review the risk management and prevention
Program, and shalltmake, necessary revisions to the RMPP at least every
three years, but, in any event, within 60 days following a modification
which would materially affect the handling of an acutely hazardous
~aterial.
(i) Any person who handles acutely hazardous materials and who owns
or operates tvo Orr more business facilities which are substantially
identical may prepare a single generic risk management and prevention
program applicable to all those facilities if the handling of the acutely
hazardous materials is substantially si~nilar at all of those facilities.
(j) The risk management and prevention program, and any. revisions
required by subdivision (h), shall be certified as complete by a qualified
person and the facility operator.
(k) Except as specified in subdivision (d) of Section 25555, the
handler shall implement all activities and programs specified in the risk
management and prevention program within one year following the
certification made pursuant to subdivision (j). Implementation of.the
risk management and prevention program shall include carrying out all
operating, maintenance, monitoring, Inventory control, equipment
inspection, auditing, recordkeeping, and training programs as required by
the 1LMPP. The administering agency may grant an extension of this
deadline upon a sho~ing of good cause.
(1) The Office of Emergency Services shall adopt, and publish for
distribution, guidelines for the preparation and submil~sion of risk
management and preyention programs. In preparing the guidelines for
hazard and operabllSty studies, the office shall, at a minimum, base its
procedural recommendations on those set forth in the 1985 Guidelines for
Chemical Hazard Eval;uation Procedures, prepared by the Center for Chemical
Process Safety of the American Institute of Chemical Engineers.
(Amended by Stairs. 1987, Ch.
25554.1. Every RItPP prepared pursuant to Section 2~;34 shall give
consideration to the proximity of the facility to schools, general acute
care hospitals, and long-term health care facilities. For purposes of
this section, 'general acute care hospital' has the meantr~g provided by
subdivision (a) of Section 1250 and 'long-term health care facility' has
the meaning provided by subdivision (a) of Section 1418.
(Added by Stats. 1988, Ch. 1589.)
-33&-
25554.$. In reviewing an P~PP pursuant to subdivision (a) of Section
25535, the administering agency may have access to and review all
techntca! in£ormatton in the handler's possession which is reasonably
necessary to allow the administer£ng agency to make a determination
regarding the sufficiency of the Pa{PP. That information may include any
study or analysis conducted pursuant to subdivision (d) of Section 25534.
Information conducted pursuant to subdivision (d) of Section 25534 shall
not be disclosed by the administering agency except as provided in
Section 25511.
(Added by Stats. 1988, Ch. 1589.)
25535. (a) An owner or operator of a facility submitting an It~PP
pursuant to Section 25534 shall submit the P~PP to the administering
agency after the I~PP is certified as complete by a qualified person and
the facility operator. The administerin8 agency may authorize the air
pollution control district or air quality management district in which the
facility is located to conduct a technical review of the P/~PP. If, after
review by the administering agency or air pollution control district or
air quality management district exercising jurisdiction in the area of the
facility, the administerin$ agency determines that the handler's ~PP is
deficient in any way, the adminis~ering agency shall notify the handler of
these defects. The handler shall submit a corrected RHPP w~thin 60 days
of the notice.
(b) Upon implementation of a risk management and prevention program
pursuant to subdivision (k) of Section 2§554, the handler shall notify the
administering agency that the P~PP has been implemented and shall
summarize the steps taken in preparation and implementation of the RHPP.
(c) The handler shall continue to carry out the program and
activities specified in the risk management and prevention program at the
business after the administering agency, has been notified pursuant to
subdivision (b).
(d) The owner or opera,or shall implement all programs and
activities in the RRPP before operations commence, in the case of a new
facility, or before any new activities involving acutely hazardous
materials are taken, in the case of a modified facility.
(Amended by Stats. 1988, Ch. 1589.)
25536. (a) Any business, except as provided in subdivisions (b) and
(c), which handles an acutely hazardous material or a mixture containing
an acutely hazardous material which ~has a quantity at any one time equal
to, or greater than, a total weight of 500 pounds, or a total volume of 55
gallons, or 200 cubic feet at s~andard ~emperature and pressure for
compressed gas, shall submit a registration form pursuant to Section
25533.
(b) ?he acl~Inlsterlng agency, upon application by an o~ner or
operator of a business, may exempt any bus~ness fro~ any re~ulrement of
this article, upon a written ~Indlng ~hat ~he exemption would not present
an acutely hazardous materials accident risk. ?he administering agency
shall speci£y in writing the basis for any exemption issued pursuant ~o
this subdivision.
-335=
(c) Before placing additional requirements upon a business, the
administering agencyi shall determine that the existing law or regulatory
programs fail to su~stanttal~ly address!. and mitigate the purposes of this
article.
(d) If the ad~inisterSng agency finds, and provides notice to', a
business handling a~ acutely hazardous material in quantil-ies less ~han
those specified in s'ubdivisi'on (a), that the quantity limits specified tn
subdivision (a) should be dlecreased, for that specific acutely hazardous
material because of .public health, safety, or environmental concerns, the
administering agenc~ may relqutre the business to submit a registration
form pursuant to Section 255,33.
(Added by Stats. 1986, Ch. 1260.)
25537. The adm. intstering agency shall inspect every business
required to be registered pursuant to Section 25534 at least once every
three years to dete~,mine whether the business ts in compliance with this
article. The requirements of this section do not alter or affect the
immunity provided a; pu'blicI entity pursuant to Section 818.6 of the
Government Code.
(Amended by Stats. 1987, Ch. 1415.)
25538. (a) If a business believes that any information required to
be reported by this :article, involves the release of a trade secret, the
business shall provide the information to the administering agency and
shall notify the administering agency in writing of that belief. As used
in this section, "trade secret' has the same meaning as found in
subdivision (d) of Section 6254.7 of the Government Code and Section 1060
of the Evidence Code.
(b) Except as otherwise specified in this section, the administering
agency shall not disclose any trade secret which is so designated by the
owner or operator of a business.
(c) The administering agency may disclose trade secrets received by
the administering ag,ency pursuant to this article to authorized officers
or employees of other governmental agencies only in connection with the
official duties of that officer or employee pursuant to any law for the
protection of health .and safety.
(d) Any officer or employee or former officer or employee of the
administering agency or any other government agency who, because of that
employment or official position, has possession of, or has access to,
information designated as a trade secret pursuant to this section, shall
not knowingly and willfully disclose the information in any manner to any
person not authorized to receive the information pursuant to this section.
Notwithstanding Section 25515, any person who violates this subdivision,
and who knows that disclosure of this information to the ger. eral public is
prohibited by the .section, shall, upon conviction, be punished by
imprisonment in the county Jail for not more than six months or by a fine
of not more than one thousand dollars ($1,000), or by both fine and
imprisonment.
(e) Any inform,ation prohibited from disclosure pursuant to any
federal statute or reigulatton shall not be disclosed.
-336-
(f) This section does not authorize any business to refuse to
d£sclose.to the administering agency any information required pursuant to
this chapter.
(Added by Stats. 1986, Ch. 1260.)
25559. The administering agency, tn Implementing this article,
shall, upon request, Involve and cooperate with any local and state
government officials, emergency planning committees, and professional
associations.
(Amended by Stats. 1987, Ch. 1415.) ..
2§540. (a) Any business that v£olates this article shall be civilly
liable to the administering agency ~n an amount of not. more than tvo
thousand dollars ($2,000) for each day in vhtch the violation occurs. If
the violation results in, or stgni££cantly contributes to, an emergency,
~ncluding a fire, the business shall also be assessed the full cost o£ the
county or city emergency response, as veil as the cost of cleaning up and
disposing of the hazardous materials.
(b) Any business that knovingly violates this article after
reasonable notice of the violation shall be civilly liable to the
administering agency in an amount not to exceed tventy-five thousand
dollars ($25,000) for each day in vhich the violation occurs and upon
conviction, may be punished by imprisonment in the county jail for not
more than one year.
(Added by Stats. 1988, Ch. 1589.)
25541. Any person or business vho knowingly makes any false
statement or representation in any record, report, or other document
filed, maintained, or used for the purpose of compliance vtth this
article, or destroys, alters, or conceals any such record, report, or
other document filed, maintained, or used for the purpose of compliance
vtth this article, shall, upon conviction, be pun£she~ by a fine of not
more than twenty-five thousand dollars ($25,000) for each day of
violation, or by imprisonment in the county jail for not more than one
year, or by both the fine and the imprisonment.
If the conviction ts for a violation committed after a first
conviction under this section, the person shall be punished by a fine of
not less than two thousand dollars ($2,000) or more than f~fty thousand
dollars ($50,000) per day of violation, or by imprisonment in the state
prison for 16, 20, or 24 months or tn the county jail for not more than
one year, or both the fine and imprisonment.
Furthermore, if the violation results in, or significantly
contributes to, an emergency, inc~udtn$ a fire, to vhich the county or
city ts required to respond, the person shall also be assessed the full
cost of the county or city emergency response, as yell as the cost of
cleaning up and disposin$ of the acutely hazardous materials.
(Added by Stats. 1986, Ch. 1260.)
-337-
Article 3. .Emergency Planning!and Community Right to Know
Act iof 1986 Implementation
(Article 3 Added by Stats. 1988, Ch. 558)
·
25545. The Office of Emergency Services shall develop ~nformational
guidelines for facilities r~quired to comply with Chapter ].16 (commenCing
with Section 11001)!of Titl~ 42 of the United States Code and with this
chapter, and shall lassist ithe administering agencies in assuring full
distribution of the~e guidel%nes to those facilities.
(Added by Stats. 1988, Ch. 558.)
CHAPTE? 6.97. HAZARDOUS MATERIALS INFORMATION
AND CONSULTING SERVICES
(Chap}er 6.97 added by Stats. 1987, Ch. 1432)
25550. If requested by an organization representing local
businesses, a county shall meet with representatives of local businesses
to determine whether there is a need for a hazardous materials information
'and consulting service to assist businesses in that county. If the county
determines there is a need for the service, and the county possesses or
could reasonably secure the .necessary technical expertise; the county may
establish a hazardous materials information and consulting service to
provide the services specified in Section 25551, su'bject to the
prosecution policies developed pursuant to Section 25552. to all of the
following persons:
(a) Any person subject to Chapter 6.5 (commencing with Section
25100), including, but not limited to, any person discharging hazardous
waste into a surface Impoundment pursuant to Article 9.5 (commencing with
Section 25208) of Chapter 6.5.
(b) The owner Or operator of an underground storage tank subject to
Chapter 6.7 (commencing with Section 25280).
(c) Any business required to establish and implement a business plan
for emergency response pursuant to Chapter 6.95 (commencing with Section
25500).
(Added by Stats. 1987, Ch. 1432.)
25551. A county which establishes a hazardous materials information
and consulting service pursuant to this chapter shall do all of the
following:
(a) Develop in~ormational materials or adapt existing materials on
the regulatory programs specified in Section 25550 and publicize the
availability of this information.
(b) Respond t.o telephone inquiries with verbal or written
information.
(c) Conduct onslte consultations on the request of a person
apecified in Section 25550~
(d) Conduct s~minars for business representatives and &trend
meetings, when invited, to explain the regulatory programs specified tn
Section 25550 and the servtce's availability.
(Added by Stats. 1987, Ch. lt32.)
Assembly Bill No. 2132
CHAPTER 132~
An act to amend Sections ~534, 25534.1, and ~5536 of the Health
and Safety Code, relating to hazardous materials.
[Approved by C, ovemor October 1, 19~9. Filed with
Secretary of State October 2, 1989.]
LEGISLATIVE COUNSEL'S DIGEST
AB ~.132, Floyd. Acutely hazardous materials: risk management.
Existing law requires ever), business, except as specified, which
handles amounts o£ an acutely hazardous material equal to; or
greater than, 500 pounds, ~5 gallons, or o.00 cubic feet for compressed
gas, to file an acutely hazardous materials registration form with the
administering agency. If the administering agency determines that
there is an acutely hazardous materials accident risk, the agency may
require a business to submit a risk management and prevention
program (RMPP). The RMPP is required to give consideration to the
proximity of the facility to schools, general acute care hospitals, and
long-term health facilities. The administering agency is required to
inspect every business subject to this requirement at least once every
3 years. A knowing violation of these requirements, after reasonable
notice, is a crime. An administering agency is authorized to adopt a
schedule of fees to be collected from businesses required to submit
a business plan, pursuant to other provisions regulating hazardous
materials.
This-bill would require the administering agency to direct the
submission of an RMPP, in accordance with a specified timetable, ff
the administering agency makes a preliminary determination that
there is a significant likelihood that the handler's use of an acutely
hazardous material may pose an acutely hazardous materials
accident risk, thereby imposing a state-mandated local program by
imposing additional requirements on the administering agency. The
bill would also authorize the administering agency to direct the
submission of an RMPP, as specified.
The bill would also require the RMPP to give consideration to the
facility's proximity to residential areas and child day care centers, as
defined, thereby imposing a state-mandated local program by
creating a new crime. The bill would also change the amount of
acutely hazardous material subject to the registration requirements
to an amount equal to, or greater than, the threshold planning
quantities specified in the federal regulations adopted pursuant to
the Federal Emergency Planning and Community Right-to-Know
Act of 1986, thereby imposing a state-mandated local program by
creating a new crime.
The bill would incorporate additional changes in Section 25534 of
Ch
Ch. 1325 9.
th~
the Health and Safety Code, proposed by SB 1049, to be operative
only ff both bills are enacted and this bill is enacted last.
(9.) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for specified reasons.
The people of the State o£ California do enact as follows:
SECTION 1. Section 25534 of the Health and Safety Code is
amended to read:
25534. (a) After receiving an acutely hazardous material
registration form filed pursuant to Section 25533, the administering
agency shall make a prelimin~ determination whether there is a
significant likelihood that the handler's use of an acutely hazardous
material may pose an acutely hazardous materials accident risk.
(1) If the administering agency determines that there is a
significant likelihood of risk pursuant to this subdivision, it shall
require the handler to prepare and to submit an RMPP in
accordance with a timetable based on the priority ranking
established in subdivision (b).
(2) If the administering agency determines that there is not a
significant likelihood of risk pursuant to this subdivision, it may
require the preparation and submission of an RMPP, but need not
do so ff it determines that the likelihood of an acutely hazardous
materials accident risk is remote.
(b) The administering agency shall rank each use of an acutely
hazardous material identified pursuant to paragraph (I) of
subdivision (a) in terms of the relative risks associated with its use,
should an acutely hazardous materials accident occur. The
estimation of the relative risks posed by the use of an acutely
hazardous material shall be based on worst case assumptions
regarding the quantity and rate of release of the acutely hazardous
material, air dispersion, toxicity, meteorological conditions, and
other pertinent parameters. Based on the estimate of relative risks,
the administering agency shall establish a timetable for the
submission of the RMPP for the use of the acutely hazardous
material.
(c) The RMPP shall be prepared within 12 months following the
request made by the administering agency pursuant to this section.
The RMPP shall include all of the following elements:
(1) A description of each accident involving acutely hazardous
materials which has occurred at the business or facility within three
years fi.om the date of the request made pursuant to subdivision (a),'
together with a description of the underlying causes of the accident
and the measures taken, ff any, to avoid a recurrence of a similar
93 80'
.... 3 ~ Ch.' 1325
· accident.
(2) A report specifying the nature, age, and condition of the
equipment used to handle acutely hazardous materials at the
business or facility and any schedules for testing and maintenance.
(3) Design,.operating, and maintenance controls which minimize
the risk of an accident involving acutely hazardous materials.
(4) Detection, monitoring, or automatic control systems to
minimize potential acutely hazardous materials accident risks.
(5) A schedule for implementing additional steps to he taken by
the business, in response to the Findings of the assessment performed
pursuant to subdivision (d), to reduce the risk of an accident
involving acutely hazardous materials. These actions may include
any of the following:
(A) Installation of alarm, detection, monitoring, or automatic
control devices.
(B) Equipment modifications, repairs, or additions.
(G) Ghanges. in the operations, procedures, maintenance
schedules, or facility design.
(6) Auditing and inspection programs designed to allow the
handler to conFn-m that the BMPP is effectively earl'led out. (7) Becordkeeping procedures for the BMPP.
(d) The RMPP shall be based upon an assessment of the processes,
operations, and procedures of the business, and shall consider all of
the following:
(1) The results of a hazard and operability study which identifies
the hazards associated with the handling of an acutely hazardous
material due to operating error, equipment failure, and external
events, which may present an acutely hazardous materials accident
risk.
(9.) For the hazards identified in the hazard and operability
studies, an offsite consequence analysis which, for the most likely
hazards, assumes pessimistic air dispersion and other adverse
environmental conditions.
(e) The business shall submit to the administering agency any
additional supporting technical information deemed necessary by
the administering agency to clarify information submitted pursuant
to subdivision (e).
(f) A handler shall maintain all records concerning an BMPP for
a period of at least five years.
(g) The BMPP shall identify, by title, all personnel at the business
who are responsible for carrying out the specific elements of the
RMPP, and their respective responsibilities, and the BMPP shall
include a detailed training program to ensure that those persons are
able to implement the BMPP.
(h) The handler shall review the RMPP, and shall make necessary
revisions to the ltMPP at least every three years, but, in any event,
within 60 days following a modification which would materially
~ffeet the handling of an acutely hazardous material.
Ch. 132~ 4
(i) Any person who handles acutely hazardous materials and who
owns or operates two or more business £acilities which ar~e
substantially identical may prepare a single generic-~RMPP~-.
applicable to all those facilities ff the handling of the acutely
hazardous materials is substantially similar at all of those facilities.
(j) The RMPP, and any revisions required by subdivision (h), shall
be certified, as complete by a qualified person and the facility
operator.
(k) Except as specified in subdivision (d) of Section 25535, the
handler shall implement all activities and programs specified in the
RMPP within one year following the certification made pursuant to
subdivision (j). Implementation of the RMPP shall include carrying
out all operating, maintenance, monitoring, inventory control,
equipment inspection, auditing, recordkeeping, and training
programs as required by the RMPP. The administering agency may
grant an extension Of this deadline upon a showing of good cause.
(l) The Office of Emergency Services shall adopt, and publish for
distribution, guidelines .for the preparation and submission of an
RMPP. In preparing the guidelines for hazard and operability
studies, the office shall, at a minimum, base its procedural
recommendations on those set forth in the 1985 Guidelines for
Chemical Hazard Evaluation Procedures, prepared by the Center
for Chemical Process Safety of the American Institute of Chemical
Engineers.
SEC. 2. Section 25534 of the Health and Safety Code is amended
to read:
25534. (a) After receiving an acutely hazardous material
registration form filed pursuant to Section 25533, the administering
agency shall make a preliminary determination whether there is a
significant likelihood that the handler's use of an acutely hazardous
material may pose an acutely hazardous materials accident risk.
(I) If the administering agency determines that there is a
significant likelihood of risk pursuant to this subdivision, it shall
require the handler to prepare and to submit an RMPP in
accordance with a timetable based on the priority ranking
established in subdivision (b).
(2) If the administering agency determines that there is not a
significant likelihood of risk pursuant to this subdivision, it may
require the preparation and submission of an RMPP, but need not
do so ff it determines that the likelihood of an acutely hazardous
materials accident risk is remote.
(b) The administering agency shall rank each use of an acutely
hazardous material identified pursuant to paragraph (1) of
subdivision (a) in terms of the relative risks associated with its use,
should an acutely hazardous materials accident occur. The
estimation of the relative risks posed by the use of an acutely
hazardous material shall be based on worst case assumptions
regarding the quantity and rate of release of the acutely hazardous i:
93 130
§ Ch. 13~
material, air dispersion, toxicity, meteorological conditions, and
...... · , other pertinent parameters. Based on the estimate of relative risks,
the administering agency shall establish a timetable for the
submission of the RMPP for the use of the acutely hazardous
materials.
On or before January 1, 1991, the administering agency shaft
request the sUbmission of an RMPP if the administering agency
determines that the handler handles a significant quantity of acutely
hazardous materials which may be instantly released into the
atmosphere and the release would threaten the lives of the public.
(c) The RMPP shall be prepared within 12 months following the
request made by the administering agency pursuant to this section.
The BMPP shall include all of the following elements:
(1) .A description of each accident involving acutely hazardous
materials which has occurred at the business or facility within three
years from the date of the request made pursuant to subdivision (a),
together with a description of the Xmderlying causes of the accident
and the measures taken, ff any,.t0 avoid a recurrence of a similar
accident.
(2) A report speeif-ying the nature, age, and condition, of the
equipment used to handle acutely hazardous materials at the
business or facility and any schedules for testing and maintenance.
(3) Design, operating, and maintenance .controls which minimi2e~.
the risk of an accident involving acutely hazardous materials.
(4) Detection, monitoring, or automatic control systems to
minimize potential acutely hazardous materials accident risks.
(5) 'A schedule for implementing additional steps to be taken by
the business, in response to the findings of the assessment performed
pursuant to subdivision (d), to reduce the risk of an accident
involving acutely hazardous materials. These actions may include
any of the following:
(A) Installation of alarm, detection, monitoring, or automatic
control devices.
(B) Equipment modifications, repairs, or additions.
(G) Changes in the operations, procedures, maintenance
schedules, or facility design.
(6) Auditing and inspection programs designed to allow the
handler to confirm that the RMPP is effectively carried out.
(7) Reeordkeeping procedures for the RMPP.
(d) The RMPP shall be based upon an assessment of the processes,
operations, and procedures of the business, and shall consider all of
the following:
(1) The results of a hazard and operability study which identifies
the hazards associated with the handling of an acutely hazardous
material due to operating error, equipment failure, and external
events, which may present an acutely hazardous materials accident
risk.
(~.) For the hazards idenl~ied in the hazard and operability
93 160
Ch. 13~,5 6
studies, an offsite consequence analysis which, for the most..~lik'elyf,'''~ .... ' .....
hazards, assumes pessimistic air dispersion and other adverse
environmental conditions.
(e) The business shall submit to the administering agency any
additional supporting technical iniCormation deemed necessary by
the administering agency to clarify information submitted pursuant
to subdivision (c).
(ir) A handler shall maintain all records concerning an RMPP for
a per/od of at least five years.
(g) The RMPP shall identi/Y, by title, all personnel at the business
who are responsible for carrying out the specific elements of the
HMPP, and their respective responsibilities, and the RMPP shall
include a detailed training program to ensure that those persons are
able to implement the RMPP.
(h) The handler shall review the RMPP, and shall make necessary
revisions to the RMPP at least every three years, but, in any event,
within 60 days following a modification which would mater/ally
affect the handling o£ an acutely hazardous mater/al.
(i) Any person who handles acutely hazardous materials and who
owns or operates two or more business facilities which are
substantially identical may prepare a single generic RMPP
appl/cable to all those £acflities if the handling o£ the acutely
hazardous mater/als is substantially similar at all o£ those facilities.
0) The RMPP, and any revisions required by subdivision (h), shall
be certified as complete by a qualified person and the facility
operator.
(k) Except as specified in subdivision (d) of Section ~5535, the
handler shall implement all activities and programs specified in the
RMPP within one year following the certification made pursuant to
subdivision 0). Implementation of the RMPP shall include carrying
out all operating, maintenance, monitoring, inventory control,
equipment inspection, auditing, recorclkeeping, and training
programs as required by the RMPP. The administering agency may
grant an extension of this deadline upon a showing of good cause.
(l) The Office of Emergency Services shall adopt, and publish £or
distribution, guidelines for the preparation and submission of an
RMPP. In preparing the guidelines for hazard and operability
studies, the office shall, at a minimum, base its procedural
recommendations on those set forth in the 1985 Guidelines for
Chemical Hazard Evaluation Procedures, prepared by the Center
for Chemical Process Safety of the American Institute of Chemical
Engineers.
SEC. 3. Section 25534.1 of the Health and Safety Code is amended ,
to read:
25534.1. Every RMPP prepared pursuant to Section 25534 shall
give consideration to the proximity of the facility to schools,
residential areas, general acute care hospitals, long-term health care
facilities, and child day care facilities. For purposes of this section,
7 Ch. 1325
"general acute care hospital" has the meaning provided by
subdivision (a) of Section 1250, "long-term health care facility" has
the meaning provided by subdivision (a) of Section' 1418, and "child ·
day care facility" has the meaning provided by Section 1596.750.
SEC. 4. Section 25536 of the Health and Safety Code is amended
to read:
25536. (a) Any business, except as provided in subdivisions (b)
and (c), which handles an acutely hazardous material or a mixture
containing an acutely hazardous material which has a quantity at any
one time equal to, or greater than, the threshold planning quantities
listed in Appendix A of Part 355 of Subchapter J of Chapter I of Title
40 of the Code of Federal Regulations, shall submit a registration
form pursuant to Section 25533.
(b) The administering agency, upon application by an owner or
operator of a business, may exempt any business from. any
requirement of this article, upon a written finding that the
exemption would not present an acutely hazardous materials
accident risk. The administering agency shall specify in writing the
basis for any exemption issued pursuant to this subdivision.
(c) Before placing additional requirements upon a business, the
administering agency shall determine that the existing law or
regulatory programs fail to substantially address and mitigate the
purposes of this article.
(d) If the administering agency finds, and provides notice to, a
business handling an acutely hazardous material in quantities less
than those specified in subdivision (a), that the quantity limits
specified in subdivision (a) should be decreased for that specific
acutely hazardous material because of public health, safety, or "
environmental concerns, the administering agency may require the '.
business to submit a registration form pursuant to Section 25533.
SEC. 5. Section 2 of this bill incorporates amendments to Section
25534 of the Health and Safety Code, proposed by both this bill and
SB 1049. It shall only become operative ff (1) both bills are enacted
and become effective on January 1, 1990, (2) each bill amends
Section 25534 of the Health and Safety Code, and (3) this bill is
enacted after SB 1049, in which ease Section I of this bill shall not
become operative.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because the
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or level
of service mandated by this act or for those costs which may be
incurred by a local agency or school district because this act creates
a new crime or infraction, changes the de?tuition of a crime or
infraction, changes the penalty for a crime or infraction, or
eliminates a crime or infraction. Notwithstanding Section I7580 of
the Government Code, unless otherwise specified in this act, the
provisions of this act shall become operative on the same date that
93 210
1325 --8--
the act takes eiC['ect pursuant to the California Constitution .....
93 210
Pt. 35S, App. A 40 CFR Ch. I (7-1-89 Edition) E~vi,
APPENDIX A~THE LIB'r OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR
THRESHOLD PLANNING QUANTITIES
75-86-5. 1,0GO
....... .., 1752-30-3 .Ace!on? Thiosemk3Coezt(~ : , . 1.~ .0~./~10,OOO
107-02-8 Ac~oletn ......... 500
79-.~1 1,00O/10.QQQ
107-13-1 10,OO0
814-68-6 Ac:~tyl Chlocide 100
111 --69-3 t ,0O0
116--06-3 100/10,000
309-0G-2 500/10,000
107-16-6 AI¥ 1,000
107-11-9 Allytamif~ 500
20859-73-8 Aluminum PhOSl~ 500
54-62-8 600110,000
78-53-5 500
3734-97-2 Amitofl OxaJate 100/$0.000
7664-41-7 500 4171
300-62-9 1,000
62-53-3 Aniline !,0O0 ~.¢~
88-05-1 Aniline, 2.4.6-Trtmethyl- ............................................................................. 500
778.3-79-2 Antimony 500
1397-94-0 1,000/10,000 eT:
88-88-4 ANTU 500/10,000
1303-28-2 Arsenic 100/10,04)0
1327-53-3 100/10,OQ0
7784-34-1 Arsenou~ Tdchlcxtde 500
7764-42-1 Arsine 100
2642-71-9 Azinphos-Ethyl I00/10.(~Q ~'3:
88-50-0 Azinl:dlo$-Melf13 10/10,000
96-87-3 600 ~I'
98-16-6 9enzenamine, 3-{'rrifluc~omethy~ 500 T4
100-14-1 500/10,0O0
99-05-S 10/10,000
3615-21-2 oertZ~midazole, 4, S.Dichloro-2-(Tdfluocomethyl) 500/10,000
98-07-7 Benzotxichiorid( 100
100-44-7 Benz~ Chlodde ........................................................................................... 500
140-29-4 9enzyI Cyanide 500
16271-41-7 Oicyclo [ 2.2.1 ] Heptane-2-Carbor~fle, 5-Chlo~o-6- 500/10,000 22.'
((((Methytamino)Ca~)Oxy)lmino)-, (ls-(1.alpha. 2-beta. 4-
i alpha. S-alpha. 6E))-.
534-07-6 Bis(Chloromet~yl) Ketone ...... 10/10,000
· 4044-65-9 .~00/10.0OO
~' 10294-34-5 Bo~o~ Trichlcxide 500
7637-07-2 Boron Trffluo~ide ......................................................................................... 500
353-42-4 Borc~ Trffluodde Compound W~th Methyl Ethe~ (1:1) 1,000
28772-56-7 100/10,000
7726-95-6 500
' 1306-19-0 Cadmium Oxide 100/10,000 6.
2223-93-0 Cadmium Stearate 1.000/10,(X)0
~ 7778-44-1 Calcium Arsenate ...................... 500/10,000
6001-35-2 Camphechlc 500/10,000
56-25-7 Canthaddin ...... 100/10,000
51-8.3-2 Ca~acho4 Chro~de ..................... 500/10,000
26419-73-8 Car'oamlc Acid. Mett~l-, 0-(((2,4-Oimethyt-1. 3.Dithiola~2- 100/10,000 1
yl) Mett~/lefle)Amino)-. 2
1563-66-2 Carbofurau 10/10,000 5
75-15-0 Cart)off DP'oulflde ......................................................................................... 10,0OO 5
786-19-6 500 3
67-74-9 1.000
479-90-6 Chlo~eflvirffos 50Q 27
7782-5O--5 100
24934-91-6 C, hlomle~;dloa 500 1
999-81-5 Chlomlequat Chlc~de 100/10.000 21
79-11-6 100/10.000
107-07-.3 Chlocoethanoi, 5O0
627-11-2 1.000
2~.8
Environmental Protection Agency Pt. 35S, App. A
APPENDIX A--THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR
THRESHOLD PLANNING QUANTITIES---Continued
67-68-3 ' 10;000
107-30-2 Chlo~'omethyt Methyl EU'tet ......................................... 100 '
3691-35-8 100/10,000
1982-47-.4 500/10,000
21923-23-9 500
10025-73-7 Chromic 1/10,000
62207-76-5 C.~ ((2,2'-{I,2-Ethaneq~/~ (Nit~thyaQ'yne))gis(6-1~ 100/10.000
phe~olato))(2-)-N.N'.OoC)')-.
10210-~1 Cobalt C.,a~oor~ 10/I0.000
64-86-8 10/10,000
56-72-4 100/10,000
5836-29-3 Coumatatra¥ 500/10.000
95-48-7 Cresol, 1,000/10,000
535-89-7 1
4~ ?0-30-3 1,0O0
123-73-9 Crotonaldehyde, (E')- 1,000
606--68-3 Cyanoge~ 600/10,000
506-79-5 Cyanogen 1,000/10,000
2636-26-2 1,000
675-14-9 Cyanudc 100
66-81-9 100/10,000
108-91-8 10,000
17702-41-9 Decabora~e(14) 500110,000
8065-48-3 500
919-86-8 500
10311-84-9 100/10,000
19287--45-7 100
149-74-6 1,000
62-7'9-7 1,000
141-66-2 Dic~otophos ................................................... 100
1464-53.-5 Diepoxyt~Jtane .................. 500
814.49-3 Diethyl 500
1642-54-2 100/10,000
71--63-8 100/10,000
2238--07-5 Diglycidy~ 1,000
20830-75-5 10/10,000
115-26-4 Dimefox .................... 500
60-51-5 Dimethoate ............ 500/10,000
2524-03-0 500
77-78-1 Dimethyl Sulfate ................. 500
75-18-3 Dimethl 100
75-78-5 500
57-14-7 1,000
99-98-9 10/10,000
644--64-4 5OO/10,000
534-52-1 Dinitrocresol .............. 10/10,000
88-85-7 Dinoseb ............. I00/10,000
1420-07-1 Dinoterb .................... 500/10,000
75-34-2 Oioxathion ................ 500
82-66-6 10/10,000
152-16-9 Diphosphoramide, Octamethyl- ................................. 100
298-04-4 500
514-73-8 Dithiazani~e 500/10,000
541-53-7 Oithiobiuret ...... 100/10,000
316-42-7 Emefine, 1/10,000
115-29-7 10/10.000
2778-04-3 500/10,000
72-20-8 Endrin .................. 500/10,000
106-89-8 1,000
2104-64-5 100/10,000
50-14-8 Ergocalcife~ol ................... 1,000/10,000
379-79--3 500/10.000
1622.-32-8 Ethanesalfonyl Chloride. 500
229
Pt. 355, App. A 40 CFR ~ ! (7-1-89 Edition)
APPENDIX A--THE IJ~r OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR
THRESHOLD PLANNING QUANTITIES.--CorItJnu~N~
13194-48-4 1.000
538-07..8 500
371-62-0 10
75-21-8 Ethylene Oxide ......................................................................................... 1,000
107-15-3 I0,0¢30
151-56-4 Ethylenelmlne ............................................................................................. 500
542-90-5 10.000
22224-92-6 10/10,000
122-14-5 Fenitzothio 500
115-90--2 500
4301-50-2 Fluenefil 100/10,000
7782-41-4 Fluorine 500
640.19-7 100/10,000
144-49-0 Fluo¢oacet~c Acid 10/10,000
359-06-8 Fluoroacety 10
51-21-6 Fluo~ouracil 500/10,000
944-22-9 Fonofos 500
107-16-4 1,000
23422-53-9 Fo~metanate Hydrochlcxide ....................................................................... 500/10,000
2540-82-1 100
17702-57-7 i Fo~mpa~anate .................................. 100/10,000
21548-32-3 5O0
3879-19-1 100110,000
110-00-9 500
13450-g0-3 Gallium 5~)/I0,000
77-47-4 Hexac hto~'ocyclofl~ta~ene .................................................. 100
4835-I 1-4 Hexamethyle~nediamine, 500
302-01-2 1,000
74-90..8 Hydrocyanic Acid. 100
7647-01-0 Hydrogen Chlodde (Ga~ Only) 500
7664-39-3 Hydrogen 100
7722-84-1 Hydrogen Pm'oxide (Conc 1,000
7783-07-5 Hydrogen Selenide ................................................................
7783.-06-4 Hydrogen Sulfide ................................................................... 500
123-3 1-9 Hydroquinone .................................................... 500/10,000
13463-40-6 Iron, Pentac. a,"oonyl 100
297-78-9 Isobenzan .................................... 100/10,000
78-82-0 Isobu~Fonildle .................................................. 1,000
102-36-3 Isocyanic Acid, 3,4.Dichl~xophenyl Este~ ............................................... 500/I0,000
465-73-6 Isodrin ........................................ 100/10,000
55-91-4 Isofluorphate ............................. 100
4098-71-9 Isophorone Diisocyanate ...................................................... 100
108-23-6 1,000
625-55-8 Isoproflyl Formate ..................... 500
11 9-380 Isoprofllymethyll~'azolyl Dimethy!cad~u~ate ........................................ 500
79-97-? 1.000
21609-90-5 Leptoflhos 500/10,000
541-26-3 Lewisite ....................................... 10
58-89-9 1,000/10.000
758067-6 Lithium 100
109..77-3 Malono~itrile ....................................... 500110.O00
12106-13-3 Manganese, Tricarbonyt Methy~-yclope~tadier~ 100
51-75--2 ' 10
950-10-7 500
1600-27-7 M ~"curtc 500/10.000
7487-94-.7 Mm'cudc 500/10.000
21906-53-2 Mm'cu~c 500/10,000
10476-95-6 1,000
760-93-0 Methacrylic Anhydride ........ : ............................ 500
126--98-7 500
920-46-7 Methac~ 1 O0
30674-80-7 Methac~oyloxyeth) 100
Environmental Protection Agency Pt. 35S, App. A
APPENDIX A--THE LIST OF EXTREMELY HAZARDOUS SUSSTANCES AND THEIR
THRESHOLD PLANNING QUANTITIES~ntJnued
10a-~85-g~'.-8 ~ethamidophos .......................................................................................... I00/I0,000,,
558--25-.8 Methanesulf0nyl Fluoride .......................................................................... I · ,1.000 ~ ~'.~ .,, .,:.: "' ' '- ·
950-37-8 500/10,000
2032.65-7 500/10,(XX)
16752-77-6 Me~homyl 500/I0,000
151-38-2 500/10,000
80-63-7 Methyl 500
74-83-9 Methyl 1,000
79-22-1 Methyl 500
624-92-0 Methy~ Disulfide ............ 100
60-.34-4 Melhyf Hyctrazfne ............... 500
624-83-9 ~ Methyl 500
556-61-6 Methyl 5430
74-93--1 Methyt Mercaptan ........................ 500
3735-23-7 Methyl Phenkapton ........................... 500
676-g7-1 Methyl Phosphonic O~chloride ......... 100
556--64-9 10,000
76-94-4 Methyl Vinyt Ketone .......................... 10
502-39-6 Methylmercuric Oicyanamide ........................................... 500/10,600
75-79-6 500
1129-41-5 100/10,000
7786-34-7 Mev~nphos ........................ 500
315-18-4 500/10.000
50-07-7 Mitomycin 5~0/10,000
6923-22.-4 Monocrotophos ...................... 10/10,000
2763-96-4 10,000
505-60-2 500
13463-39-3
54-11-5 Nicotine ............ 100
65-30-5 100110.000
7697-37-2 Ni~c 1
10102--43-9 Nitric Oxide ........... 100
g8-95-3 Nitrobenzene ........ 10,000
1122-60-7 Nitrocyclohexane ................... 500
10102-44-0 Nitrogen Oioxide ................... 100
62-75-9 Nitrosodimethylamine ................ 1.000
991-42-4 Norbormide .................. 100/10,000
0: Organorhod{um Complex (PMN-82-147) 10/10,000
630-60-4 Ouaba/n ...........
23135-22-00xamyf 100/10,000
78-71-7 Oxetane, 3.3-Ois(Chloromethyl) 500
2497-07.60xydisuifoton ................... 500
10028-15.6 100
1910-42-5 10/10.000
2074-50-2 Paraquat Methosulfate ......... 10/10.000
56-36-2 Parathi~ ............... 100
298-00-0 Parathion. Methyt. 100/10,000
12002-03.6 Paris Green ..... 500/10,000
lg624-22-7 Penlaborane .... 500
2570-26-5 Pentadecylarnine ...................... 100/10,000
79-21-0 Peracetic Acid ..... 500
594-42-3 Perchloromethylmercaptan ........................................................................ 10 500
106-95-2 Phenol ................... 1,00 500/10,000
97-16-7 Phenol. 2.2'-Thiobis(4,6-Dichloro- ............... 100/10,000
4416-66-0 Phenol, 2,2'-Thiobis(4-Chloro.6-Methyl} 100/10.000
64-00-6 Pher~l. 3-(1-Methylethyl)*, Me~hylca~bamel;e ......................................... 500/10,000
58--36-6 Phenoxa~sine, 10.10'-O~/di. ..................................................................... 500/10.000
696-28-6 I Phenyl Ok:hloroarsine ................................................................................ J d, h 500
59-88-1 [ Phenylhydr;~zine Hydrochloride ................................................................. I e 1,000/10,000
62-38-4 I Phenylmercury Acetate .............................................................................. J 10~ 500/10,000
2097-19-0 ~ Phertylsila~'ane ............................................................................................ I e. h 100/10.000
103-85-5 ~ Phenylthiourma ........................................................................................... } 10; 100/10,0~O
298-02-2 ) Phorate ............................................................. I 1l 10
41o4-1~-7 1 P~o~ce~.~ ................................ :::::::::::::::::::::::::::::::::::::::::::::::::::::::: .......... Jo
100/10.0(30
947-02-4 / Phosfolen ..................................................................................................... I · 100/10,000
231
Pt. 355, App. A 44)
APPENDIX A~THE LIST OF EXTREMELY HAZAflDOU8 SUBSTANCES ANO THEIR
THRESHOLD PLANNING OUANTITIES---ConIJI1uod
(.a~p~mc~ o~!
75-44-5 phosge~e.~ t0
732-t t-6
13171-21--6 ' 100. ·
7603-51-2 500
2703-13.1 Phosphonothioic Acid. Methyl-, O-Ethyl O-(4-(Meth~)Phenyl) 500
Ester.
50782-69-9 Pho~lflloic Acid, Methyl-, S-(2.{Sts(1.Met~r/ielhyf)Amino)Elflyf
O-Ethyl Ester.
2665-,'X)-? Pho~thiok: ~ MeU'~-, O-(4-Nibot~'~ ~ Ester .... SOO
3254-63-5 P'ttosi~ Acid, Dimelfty~ 4-(MeltS'thio)
2587-90-8 Phospho~otYdolc Acid, O,O.Oimethy~2-Methylt~io) 500
1 OO25-87-3 5OO
10026-13-8 Phost~'x)~s Pe~tachkxide 500
1314-58..3 10
7719-12-2 Phosphors 1,000
57-47-6 100/10,000
57-64-T Pflysostigmine, SaJicy~te (f:l)., 100/10,0~O
124-87-6 500/10,000
110-89-4 1,000
6281-13-0 Pil~otaJ 100/10,000
23505-41-I 1
10124-50-2 Poem 500/10,000
151-50-6 Potas~m 100
506-61-6 Potassium 500
2e~--37-o Promeca~ So0/~0.000
~0e-ee-7 Propargyt Brom~e
57-57-8 Propiolactone,
107-12-0 Prof~ff]'ik 500
542-76-7 Propionitrile, 3-Chlo~ 1
70-69-6 Progiophenone, 100/10,000
109-61-5 Propyl 500
75-.66-9 Propylef~ Oxide ........................................................................................ 10,000
75-56-8 Propyleneimine ........................................................................................... 10,000
2275-18-5 Prothoate 100/10,0(X)
129-00-0 P~'e~e 1,000/10.000
140-76-I Pyfidine, 2.Methyl-5-VinyI- 54X)
504-24-5 Pyridine, 4-Amino 500/10,000
1124-33-0 Psjddirm, 4-Nib'o-, l-Oxide ........................................................................ 500/10,000
53558-2~-1 Pyfiminil .... 10O/lO,0OO
14167-18-I Salcomine ........... 500/10,000
107--44-8 10
778300-8 Seleniou$ Acid ........................................................................................... 1,000110,0(X)
T'/91-23-3 Selenium Oxycfllodde .............................. 500
56.3-41-7 SemicarbaTJde 1,000/10,000
3037-72-7 Silane, (4-Aminobu¥)[~ethoxymethyt- ................................................... 1,000
7631-69-2 Sodium Arsenate ....................................................................................... 1.000/10.000
7784.-46-5 Sodium Arsenite 500/'10,0~O
26626-22-8 Sodium Azide (Na(N3))
124-65-2 Sodium Cacodylate ............................................. 100/10,(X)0
143-33-9 Sodium Cyanide (Na(CN)) 100
62-74-8 Sodium Fluoroacetate ............................................................................... 10/10,000
131-52-2 Sodium Pentachlo~o~henate .................................................................... 100/10,000
13410-01-0 Sodium Seten&te ........................................................................................ s00/10,000
10102-18-6 Sodium Selenite 100/10,000
10102-20-2 Sodium Tellurite. 500/10,0~O
900-95-.8 500/10,000
67-24-9 St~chnine ........... 100/10,000
60-41-3 Sbychrdne, 100/10,000
3689-24-6 Sulfote~ 500
3569-67-1 Sulfoxide. 3-Chloroprof~t Octyt 500
7448-09-5 500
7763-60-0 Sutfuf Tetrafluodde ............................................ 100
7446-11-9 Sulfu~ Trioxide ............................................................................................. 100
7664-9~-9 Sulfuric Acid 1
232
Environmental I~of~tion Agency Pt. 355, App. A
APPENDIX A~-THE LIST O~ EXTREMELY HAZARDOUS SUBSTANCE8 AND THEIR
THRESHOLD PLANNING QUANTITIES---Continu~M:J
(.ql~meUcd O~w~
77-81-6 Ta/MJn ................................................................................................ C, e, h I 10
13494-,80-9 Tetludum ................................................................................................. · 1 500/I0,000 .................
7783.-80-4 TMJurtumHexafJt,q~ .......................................................................... e,'k h~"~'~':'t' '100
107-49-3 TEP~ .......................................................................................... 10
13071-79-~ I T(N'oufo~ ................................ ~. .................................................. ~ h 1
78-00-2 Tetmet~fle~l ............................................................................ c,d 10:
75-74-1 Tebamethylteed .......................................................................... c, e, I 1 100
509-14-8 Tetrani~omethane ............................................................................. 10 ! 600
10031-50-1 Th~ ,~ ............................................................................ h I00 ~
65,3,3-73.-9 Tha,Qou~ ~ ...................................................................... e, h 100, 100/10,000
7791-12-0 TheJIous Ch~ ................................................................................ c, h 100 100110,000
2757-1H Thallous Mak~ate .................................................................................. c, e, h I 100/10,0(3Q
744(F1H Thallo~s Suff~te ................................................................................... I~ I 100/IQ,000
2231-57-4 ~ .............................................................................. · 1100 I 1,000/10,0(X)
39196-18-4 Thiofanox ................................................................................................ 100/10,000
297-97-2 Thionazin ................................................................................................. 100 500
79-19-6 ThiosefTi(:a~oazJde ............................................................... ; ................... 100 !
5344-82-1 'T~ (2-CN(xophenyl~ ..................................................................... 100 100/10,000
614-76-6 TTdo~ea, (2-Mett~'pheny~ ...................................................................... ® I 500/10,000
7550-45-0 3'~an~m Teb'act~,cx'lde ............................................................................. e 1 100
584-84-9 Toluene 2,4-Disocya,,mte ........................................................................ 1(30 500
91-..0~-.7 Toluefle 2.6-(~s~jan~te ........................................................................ 100 100
110-57--6 Tran~ 1,4-Di~ene .....................................................................· I 500
1031.-47-6 T~Tdl)txm ............... ** .............................................................. · 1 5(X)/IO,OQO
24017-47.-8 T~ .......................................................................... · '1 500
76-02-8 Tflchkm3acety CI~ ........................................................................ · - I 500
115-21-9 Trichl(xoett~'silane ................................................................................. e,h I 500
327-98.-0 Trlchloronate ............................................................................................. e, k I 500
98--13-5 TricN~~ .................................................................................Ie,h 1 600
1558-25-4 Trichloro(Ct~lommetYr/I)S~ax~ ............................................................. ; · 1 100
27137--85-5 Trichkxo(Dichlorophef¥)Silane ................................................................ e 1 500
998-30-1 Tdethoxyalane ............................................................................................ · 1 5O0
75--77-4 I TdmethyJchloro~lane ................................................................................. · 1
624-11--3 Tdmeb"~to~xoflane Phosphite .................................................................. e, h I 100/10,000
1066-45-1 I I 500/10,000
TdmethyllJn Chloride ................................................................................. ·
639-58-7 Tripherr/Idn CNodde .................................................................................. · 1 500/10,000
555-77-1 T,'J~2..~lo(oelfl~Am~e ........................................................................... e, h I 100
2001-95-6 Valinomycin ................................................................................................. c, e 1 1,000110,000
1314-62-1 Vanadium Pefltoxide .................................................................................. %000 100/10,000
108-05-4 Vinyl Acetate Monome~ ............................................................................. ~ I 5,000 1,000
81-8/-2 Ws,"f&'~ ....................................................................................................... 100 500/10,000
129-06-.~ I WaJlarirt S(x~A.fm ......................................................................................... e, h I 100/10,000
28347-13--9 j Xyyene Dic~lodde ..................................................................................... · 1 100/10,000
56270-08-9 Zinc, Oichk~o(4.4-Oimethyt-5((((Methytamino) · 1 100/10,000
Ca~)lmino)Pemano~itr~eF,ff-4)-.
1314-84-7 Zinc Ptx)sphide .......................................................................................... b 100 500
'Onty the statuto~ m fin~ RQ is shown. Fo~ mom b3fo(mabon, see 40 CFR Tab4e 302.4
Notes:
This chemical does not moet acute toxJc/ty cdteria. Its TPQ is set at 10,000 pounds.
This material is a reactive so4id. The TPQ cloe~ not default to 10,000 pounds for non.powder, non-molten, non-solul~n
<~ ~ calculated TPQ ~ .aftra technical ceview as described in the technicS., SUl:~:~t. doc~.m, mlt. . .
Indicates that the RQ ~s subject to change when the assessment of potential can3nogen~ty and/o~ other toxicity is .:
completed.
· Statutory relxxtab4e quan~y fM IX~X)ses ol notification und~ SARA sect 304(a)(~.
f ~ ststut,o~y 1 pound reflortable quanta/ f~ methyl isocyanate may be adlusted in a futura rulemaking actioa.
g New chemical~ added that were nol part of Ihe odginal list of 402 substancea,
h Revised TPQ based on ne~ o~ re-evaluated toxicS/data.
LTPQ is revised to its caJcu~te<l value and does not change due tO tschnical revi~v as in ixoflosed ~,
The 'rPQ was revved altm proposal due to caJculatJon em~'.
toxicity are considered chemicals of coacem ("Othm chemicals").
[52 I~R 13395, Apr. 22, t987; 52 F'R 15321, 15412, Apr. 28, 1987; 52 FR 48073--48074, Dec. 1'/,
1987; 53 1;'P., 55?5, Peb. 25, 1988]
233