Changes to the Hazardous Materials Business Plan (HMBP) and California Accidental Release Prevention (CalARP) Title 19 Regulations

On March 6, 2024, the Office of Administrative Law (OAL) approved a rulemaking package that was submitted by CalEPA pursuant to California Code of Regulations, title 1, section 100.  This rulemaking package was filed with the Secretary of State on March 6, 2024.

The changes reflected in the rulemaking were needed as a result of Assembly Bill 148 (Chapter 115, Statutes of 2021), which transferred the responsibility for the HMBP and CalARP programs from the California Governor’s Office of Emergency Services (Cal OES) to CalEPA.

CalEPA amended and relocated portions of California Code of Regulations, title 19, division 2, chapters 4 and 4.5 into a new division 5.  CalEPA has also revised cross-references and added and deleted definitions.  These updates do not materially alter any requirement, right, responsibility, condition, prescription, or other regulatory element.

The documents below identify the changes to title 19 that were approved by OAL. All updates to title 19 are effective as of March 6, 2024.

• Final Regulatory Text (underline/strikeout version) – HMBP
• Final Regulatory Text (underline/strikeout version) – CalARP

CalEPA has created a “regulatory crosswalk” which outlines the numbering of title 19 prior to and after the amendments became effective. Please see Guidance Document 24-01 for the regulatory crosswalk.

If you have any questions or concerns, please contact Elizabeth Brega at Elizabeth.Brega@calepa.ca.gov.

Proposed Changes to Hazardous Materials Business Plan (HMBP) and California Accidental Release Prevention (CalARP) Regulations

On January 25, 2024, CalEPA proposed changes to the HMBP and CalARP regulations by submitting a rulemaking package to the Office of Administrative Law (OAL) pursuant to California Code of Regulations, title 1, section 100.  The changes are needed as a result of Assembly Bill 148 (Chapter 115, Statutes of 2021), which transferred the responsibility for the HMBP and CalARP program from the California Governor’s Office of Emergency Services (Cal OES) to CalEPA.

As further articulated in the Explanatory Statement (see link to the document below), CalEPA proposed to amend and relocate portions of California Code of Regulations, title 19, division 2, chapters 4 and 4.5 into a new division.  CalEPA also proposed, among other things, to revise cross-references and add and delete definitions.  While the changes to California Code of Regulations, title 19 are numerous, it is CalEPA’s position that they will not materially alter any requirement, right, responsibility, condition, prescription, or other regulatory element.

The following documents were submitted to OAL for review and approval:

• Explanatory Statement
• Form 400 attachment (sections affected)
• Proposed Regulatory Text (underline/strikeout version) – HMBP
• Proposed Regulatory Text (underline/strikeout version) – CalARP

OAL has 30 days from the date of submission to determine whether the submission is a change without regulatory effect. After OAL has completed its review of the submission, OAL will send a written notification of the determination to CalEPA. If OAL determines that the submitted change is a change without regulatory effect, OAL will file the changes with the Secretary of State and have it published in the California Code of Regulations.

If the submission is approved by OAL, CalEPA will work closely with Unified Program Agencies to implement the new regulatory changes.

If you have any questions or concerns, please contact Elizabeth Brega at Elizabeth.Brega@calepa.ca.gov.

Assembly Bill 1716 – Amendments to HSC Chapter 6.95
December 28, 2023

CalEPA has issued an update to the regulated community subject to regulation under the California Accidental Release Prevention (CalARP) program regarding Assembly Bill (AB) 1716. View the CalEPA update on AB 1716.

AB 1716 was approved by the Governor on September 22, 2023, and is effective on January 1, 2024. This bill amends the following California Health and Safety Code (HSC), Chapter 6.95 Hazardous Materials Release Response Plans and Inventory provisions:

• Article 2 Hazardous Materials Management, Sections 25534 and 25536.

If you have any general questions regarding the AB 1716 changes to HSC, Chapter 6.95, Article 2, Sections 25534 and 25536, please contact CalEPA at CalARP@calepa.ca.gov.

If you have any questions or need further clarification on how AB 1716 will be implemented in your jurisdiction or have questions regarding the reporting of hazardous materials on a Business Plan, please contact your Unified Program Agency using the Unified Program Regulator Directory.

Senate Bill 740 – Amendments to HSC Chapter 6.95

December 18, 2023

CalEPA has issued an update to the regulated community subject to regulation under the California Accidental Release Prevention (CalARP) program regarding Senate Bill (SB) 740. View the CalEPA update on SB 740.

SB 740 was approved by the Governor on September 30, 2023, and is effective on January 1, 2024. This bill adds Section 25536.8 to the California Health and Safety Code (HSC), Chapter 6.95 Hazardous Materials Release Response Plans and Inventory provisions, Article 2 Hazardous Materials Management.

In summary, the bill requires that a stationary source engaged in specified activities require that its contractors and any subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades. This is required at stationary sources with one or more covered processes that require the preparation and submission of a Risk Management Plan (RMP), when contracting for the performance of construction, alteration, demolition, installation, repair, or maintenance work at the stationary source. This applies to stationary sources engaged in the following activities, when undertaken for commercial purposes: manufacturing hydrogen, biofuels, or certain specified chemicals, or in capturing, sequestering, or using carbon dioxide in specified conditions.

If you have any general questions regarding the SB 740 changes to HSC Article 2, please contact CalEPA at CalARP@calepa.ca.gov.

If you have any questions or need further clarification on how SB 740 will be implemented in your jurisdiction, please contact your Unified Program Agency using the Unified Program Regulator Directory.

Legal Authority:

California State Law: California Health and Safety Code, Division 20, Chapter 6.95, Article 2, Sections 25531 to 25543.3

California State Regulations: California Code of Regulations, Title 19, Division 5, Chapter 2, Sections 5050.1 to 5160.1

If you have any questions regarding the CalARP program, please contact the program at CalARP@calepa.ca.gov.