These proposed CalARP emergency response program amendments are intended to apply ONLY to petroleum refineries, and incorporate recommendations from the Report of the Interagency Working Group on Refinery Safety.
Section 2765.1 Emergency Response Applicability
(a) Except as provided in section (b), the owner or operator of a stationary source with Program 2 and Program 3 processes shall comply with the requirements of Section 2765.2. In addition, the owner or operator of a petroleum refinery shall comply with the requirements of Section 2765.3.
Section 2765.3 Emergency Response Program for Petroleum Refineries
(a) Within 12 months of the effective date of this section and annually thereafter, the owner or operator of a petroleum refinery shall update its Emergency Response Program and submit it to the UPA for approval.
(b) In consultation with the UPA, the air district, and the community, the owner or operator of a petroleum refinery shall designate a geographic zone subject to potential offsite impacts of a release, as approved by the UPA.
(c) The owner or operator of a petroleum refinery shall ensure the Emergency Response Program includes the following components for the geographic zone designated in Section 2765.3(b):
(1) An effective outreach program that informs the public of potential hazards, the means by which they will be notified in the event of a release or threatened release, actions they should take, and how to obtain additional information. The community outreach program shall include provisions that address:
(A) The use of multiple languages;
(B) The use of multiple and varying technologies;
(C) Communication with, and recommendations for, people with functional and access needs;
(D) Communication with emergency response agencies and organizations; public and private institutions, including local medical facilities, schools, transit agencies, railroads, utilities; businesses with workers in the geographic zone; and managers of sites where populations congregate, such as sporting, shopping, and cultural venues;
(E) Coordination and implementation of recommended protective actions, such as evacuation and shelter-in-place orders;
(F) The identification of physical and technological limitations of the community outreach program; and
(G) A plan to minimize or eliminate physical and technological limitations.
(2) An effective notification system that includes provisions for addressing:
(A) The use of multiple languages;
(B) The use of multiple and varying technologies;
(C) Communication and recommendations for people with functional and access needs;
(D) Communication with emergency response agencies and organizations, the community and institutions including, but not limited to, local medical facilities, schools, transit agencies, railroads, utilities, employers who may have workers in the
field and areas where populations congregate, such as sporting, shopping, and cultural venues;
(E) Regular testing and maintenance schedule of existing physical and technological communication; including coordination with the UPA;
(F) Coordinating and conducting recommended protective actions (e.g. evacuation, shelter-in-place);
(G) The identification of physical and technological limitations of the notification system;
(H) The plan to minimize or eliminate physical and technological limitations of the notification system.
(3) Procedures and measures for emergency response shall contain provisions for the establishment of a Unified Command within the Standardized Emergency Management System, and shall specifically describe how the mandated needs, policies, procedures, and guidelines of response and regulatory agencies are incorporated into the emergency management organizational structure, both for incidents confined to the boundaries of the petroleum refinery and those with actual or potential offsite consequences within the geographic zone designated in 2765.3(c).
(4) Identification and documentation of the process for accessing sufficient resources available to address onsite and offsite impacts, and how those resources fit into the emergency management organizational structure (including readiness, capabilities and capacities), within the geographic zone designated in 2765.3(c). The process shall be approved by the UPA. Resources shall include those under the direct control of the petroleum refinery and those resources that can be immediately accessed by the petroleum refinery, including:
(A) Mutual aid;
(B) External response organizations;
(C) Materiel and trained personnel, based on the expected emergency management, response and support job functions;
(D) Interoperable communications between the petroleum refinery and the local emergency responding agencies and other private and non-governmental organizations that will support emergency response activities;
(E) Types and amounts of response equipment;
(F) Availability of medical and emergency medical services, including decontamination of contaminated victims; and
(G) Resources needed for demobilization.
(5) Training and competencies for personnel relevant to their expected job functions regarding emergency management, response and support, including, but not limited to:
(A) The Standardized Emergency Management System;
(B) The National Incident Management System; and
(C) Applicable worker safety standards.
(6) A master schedule and procedures for conducting annual drills and exercises to maximize the safe and effective response to a release or threatened release. The schedule and procedures shall be approved by the UPA. Drills and exercises shall:
(A) Be modeled after drills, tabletop, functional, and full-scale exercises as defined in the Homeland Security Exercise Evaluation Program;
(B) Assess plans, materiel, and training competencies for the petroleum refinery, responding, and supporting organizations relevant to emergency management, response, recovery, and support functions;
(C) The petroleum refinery shall incorporate worker and community safety elements into the drills and exercises.
(D) Test organizational capabilities and capacities, including notification systems and procedures;
(E) At least once triennially, conduct a full-scale exercise, involving external resources and organizations involved in emergency support and response, including: air districts, fire department(s) or other governmental and non-governmental agencies, and responding and supporting personnel;
(F) Include an After Action Report and Improvement Plan, to document the identified strengths and recommendations for improvement, and a timeline for implementation of the recommendations.
(7) Plans and procedures, including provisions for fixed and mobile routine and emergency air monitoring and detection systems, both within the petroleum refinery and in the area within the geographic zone designated in 2765.3(c).
(d) The owner or operator of the petroleum refinery shall closely coordinate with the UPA to ensure the required documentation for the Emergency Response Program is sufficient to comply with this section.
(e) References to existing documents to meet some, or all, of the requirements of this section as appropriate may be included.
NOTE: Authority cited: Section 8585, Government Code; Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585, Government Code; Sections 25531 and 25537.5, Health and Safety Code; and Section 68.95, Part 68, Title 40, Code of Federal Regulations.