Facilities in California with hazardous materials (especially covered processes) need to be aware of important regulatory changes.
Background
On March 6, 2024, the Office of Administrative Law (OAL) approved updates to the Hazardous Materials Business Plan (HMBP) and California Accidental Release Prevention (CalARP) regulations. (Note: CalARP is California's stricter version of EPA's Risk Management Plan.) These updates, driven by Assembly Bill 148 (2021), transfer oversight from the California Governor’s Office of Emergency Services (CalOES) to the California Environmental Protection Agency (CalEPA).
Key Changes
Relocation of specific regulations within Title 19 (e.g., The program 3 PHA requirements used to be contained within Title 19 CCR §2760.2; this is now being relocated to Title 19 CCR §5100.2.)
Revisions of cross-references, additions, and deletions of definitions
No significant changes to existing regulatory requirements
Explanatory Documents
Final Regulatory Text for HMBP with underlines and strikeouts: https://calepa.ca.gov/wp-content/uploads/sites/6/2024/03/19-CCR-Div-5-Ch-1-Final_Underline_Strikeout.pdf
Final Regulatory Text for CalARP with underlines and strikeouts: https://calepa.ca.gov/wp-content/uploads/sites/6/2024/03/19-CCR-Div-5-Ch-2-Final_Underline_Strikeout.pdf
Regulatory Crosswalk in Guidance Document 24-01: https://calepa.ca.gov/wp-content/uploads/sites/6/2024/03/Guidance-Document-24-01-Regulatory-Crosswalk-for-HMBP-and-CalARP-Title-19-Changes.pdf
Summary
Unfortunately, for those of us having spent a lot of time working around the CalARP and HMBP regulations, the new code references will have to be relearned. Fortunately, while the enforcement is changing hands from CalOES to CalEPA, the substance of the regulations remains the same...for now. Time will tell what will happen with CalEPA behind the wheel of CalARP and HMBP.
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