The 2014 proposed CalARP regulations have been submitted to the Office of Administrative Law. Some of the proposed changes/revisions to the rule are quite helpful in many aspects and some will be significant hardships. Here are some of the more significant ones I noticed:
They added a couple of new definitions that are actually quite helpful.
“Revalidation” means a critical review of a hazard review or a process hazard analysis (PHA) with qualified team members of the most recent hazard review or PHA studies to verify that past studies remain valid and that changes made to the covered process are properly assessed. This critical review is to ensure that hazards are well understood, and existing safeguards are properly identified, past recommendations have been addressed, the overall risk ranking of each scenario is accurate, and relevant incidents and near misses at the stationary source and industry are evaluated. For situations when past
studies cannot be readily revalidated, a new complete hazard review or PHA may be warranted.
“Turnaround” means a planned process shutdown for the purpose of repair, maintenance, process modification, equipment upgrade or other significant process activity.
General Requirements for Program 1
Added the expectation that “coordination” with responders includes site visits!
(3) Ensure that response actions have been coordinated with local emergency planning and response agencies (e.g. site visits by first responders).
Alternative Release Scenario Analysis
They added a new consideration for the ARS, now they want to do more than just get off-site, they want one that can reach a receptor if possible.
(B) That will reach an endpoint offsite, unless no such scenario exists.; and,
(C) That will reach a public receptor, unless no such scenario exists.
They added a new item to consider when selecting OCA scenarios:
(e) Factors in selecting scenarios.
The owner or operator shall consider the following in selecting alternative release scenarios:
(1) The five-year accident history provided in Section 2750.9; and,
(2) Accidents/incidents or events in related industries available through trade magazines, industry associations and other publicly available sources; either digital or print, and
Program 2 Prevention Program
Hazard Review
They have added deadlines for correcting items from the hazard review, as well as establishing a frequency for revalidating the hazard review!
(e) The owner or operator shall document the results of the hazard review and ensure that problems identified are resolved. The owner or operator shall enter into an agreement with the AA on a timetable for resolution of these problems. Otherwise these resolutions shall be completed within two and one half (2.5) years of performing the hazard review or the next planned turnaround for items requiring a turnaround. These timelines shall not apply to any hazard review completed prior to 2014. The final resolution taken to address the hazard review recommendation and the actual completion date shall be documented.
(g) A hazard review may be revalidated only once between full hazard reviews, unless the AA agrees in writing that a full hazard review is unwarranted.
(h) The owner or operator shall retain hazard reviews and updates or revalidations for each process covered by this section, as well as the documented resolution of recommendations described in (e) for the life of the process.
SOPs
(c) The owner or operator shall ensure that the operating procedures are developed and/or updated, as necessary, to reflect current practice, or whenever the tasks or steps to perform on the covered process are found to be inadequate or inaccurate.
Maintenance
(a) The owner or operator shall prepare and implement written procedures to maintain the on- going mechanical integrity of the process equipment. The owner or operator may use procedures or instructions provided by covered process equipment vendors or procedures in federal or state regulations or industry codes as the basis for stationary source maintenance procedures.
(c) The owner or operator shall ensure that each contractorcan document that their employees are trained to perform the maintenanceand appropriate operation procedures developed under section (a).
Audits
(d) The owner or operator shall promptly determine and document an appropriate response to each of the findings of the compliance audit. The owner or operator shall enter into an agreement with the AA on a timetable for resolution of these findings. Otherwise these responses will be completed within one and one half (1.5) years after performing the compliance audit, or the next planned turnaround for items requiring a turnaround. These timelines shall not apply to any compliance audit completed prior to 2014. Document that the actual completion dates when deficiencies have been were corrected.
Incident Investigations
Investigation reports basically have to inlcude all the data in the 5-year accident history reports.
(2) A description of the incident, including all of the data required under 2750.9(b); and
Closure of items from II’s deadline!
(d) The owner or operator shall promptly address and resolve the investigation findings and recommendations.The owner or operator shall enter into an agreement with the AA on a timetable for resolution of these findings and recommendations. Otherwise these resolutions shall be completed no later than one and one half (1.5) years after the completion of the incident investigation, or two (2) years after the date of the incident, whichever is the earlier of the two dates, or the next planned turnaround for those items requiring a turnaround. Resolutions and corrective actions with actual completion dates shall be documented.
Program 3
Process Safety Information
They expanded the chemical compatibility requirements in PSI.
(4) Reactivity data and chemical compatibility data during handling, use, and application at the stationary source;
PHA
PHA recommendations deadlines!
(e) The owner or operator shall establish a system to address the team’s findings and recommendations; assure that the recommendations are resolved and documented; document what actions are to be taken; develop a written schedule of when these actions are to be completed; complete these actions on a time table agreed upon with the AA, or within two and one half (2.5) years of performing the PHA, or the next planned turnaround, for those items that require a turnaround; document the final resolution taken to address each recommendation and actual completion date; and communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions. The above timelines shall not apply to any process hazard analysis completed prior to 2014.
Mechanical Integrity
They added “compressors and their drivers to the list of equipment.
(6) Pumps, compressors and their drivers.
MOC
(3) Modifications to and/or development of new operating and maintenance procedures;
(e) If a change covered by this section results in a change in the operating procedures or practices required by Section 2760.3, and/or results in a change in the written procedures to maintain the ongoing integrity of process equipment required by Section 2760.5, such procedures or practices shall be updated prior to start-up of the process.
PSSR
(b) The pre-startup safety review shall confirm, as a verification check, independent of the management of change process, that prior to the introduction of regulated substances to a process: …
Audits
(c) A report of the scope, methods used, results and findings of the audit shall be developed. This report, including results, shall be available for AA review.
(d) The owner or operator shall promptly determine and document an appropriate response to each of the findings of the compliance audit. The owner or operator shall enter into an agreement with the AA on a timetable for resolution of these findings. Otherwise these responses will be completed one and one half (1.5) years after performing the compliance audit, or the next planned turnaround for items requiring a turnaround. These timelines shall not apply to any compliance audit completed prior to 2014. Document the actual completion dates when deficiencies have been corrected.
Incident Investigations
Investigation reports basically have to inlcude all the data in the 5-year accident history reports.
(2) A description of the incident,including all of the data required under 2750.9(b); and
Closure of items from II’s deadline!
(d) The owner or operator shall promptly address and resolve the investigation findings and recommendations. The owner or operator shall enter into an agreement with the AA on a timetable for resolution of these findings and recommendations. Otherwise these resolutions shall be completed no later than one and one half (1.5) years after the completion of the incident investigation, or two (2) years after the date of the incident, whichever is the earlier of the two dates, or the next planned turnaround for those items requiring a turnaround. Resolutions and corrective actions with actual completion dates shall be documented.
Contractors
(5) The owner or operator shall periodically evaluate and document the evaluation of the performance of the contract owner or operator in fulfilling their obligations as specified in section (c).
Emergency Response
(1) For stationary sources with any regulated toxic substance held in a process above the threshold quantity, the stationary source is included in the community emergency response plan developed under Section 11003 of Title 42 of the United States Code (USC), is included in the city or county Hazardous Materials Area plans and/or is included in the business plan program, pursuant to Chapter 6.95, Article 1 of the Health & Safety Code. The owner or operator must document that response actions have been coordinated with the local fire department and hazardous materials response agencies;
(2) For stationary sources with only regulated flammable substances held in a process above the threshold quantity, the owner or operator must document that response actions have been coordinated with the local fire department and hazardous materials response agencies; and,
(3) Appropriate mechanisms and written procedures are in place to notify emergency responders when there is a need for a response.
CLICK HERE to see ALL of the official changes.