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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. -319- (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.) ., · -~20- 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. -321- (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.) -322- 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. -323- (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