California Accidental Release Prevention Program
CalEPA oversees the statewide implementation of the California Accidental Release
Prevention (CalARP) program, which aims to prevent accidental releases of extremely
hazardous substances that pose the greatest risk of immediate harm to the public and
the environment, minimize the damage if releases do occur, and to satisfy community
right-to-know laws.
Frequently Asked Questions
The following information is provided to assist with understanding the California Accidental Release Prevention (CalARP) program. This information is not to be relied upon as legal advice or interpretation by CalEPA. It does not create any rights, obligations, or establish any new standards. Local governments may have requirements that are more stringent than state and should be contacted for further information.
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- When does the CalARP program apply?
- What Is the definition of “stationary source”?
- What is the definition of “process”?
- What is the definition of “regulated substance”?
- What is a Risk Management Plan (RMP)?
When does the CalARP program apply?
The CalARP Program applies when a stationary source has a process with more than a threshold quantity of a regulated substance as listed in Table 1, 2, or 3 of 19 CCR Section 2770.5
- “Stationary source” is defined in 19 CCR Section 2735.3(rrr)
- “Process” is defined in 19 CCR Section 2735.3(xx)
- “Regulated substance” is defined in 19 CCR Section 2735.3(kkk) and means any substance, unless otherwise indicated, listed in 19 CCR Chapter 4.5, Article 8, Section 2770.5.
- Table 1 – Federal Regulated Substances List and Threshold Quantities for Accidental Release Prevention
- Table 2 – Federal Regulated Flammable Substances List and Threshold Quantities for Accidental Release Prevention
- Table 3 – State Regulated Substances List and Threshold Quantities for Accidental Release Prevention
When a threshold quantity of a regulated substance in Table 3 is met or exceeded, an RMP must be submitted to the local UPA, and the stationary source will be subject to inspections from the local regulator for implementation of the state CalARP program.
When a threshold quantity of a regulated substance in Table 1 or 2 is met or exceeded, federal RMP requirements also apply and an RMP must be submitted to both USEPA and the local UPA. The stationary source will be subject to inspections from both the local regulator for implementation of the state CalARP/RMP program and USEPA for implementation of the federal RMP program. Several state requirements are aligned with the federal requirements in 40 CFR Part 68 more information including RMP resources can be found on the USEPA website.
Additional Resources: USEPA RMP Webpage
What Is the definition of “stationary source”?
Stationary source is defined as “any buildings, structures, equipment, installations, or substance emitting stationary activities which belong to the same industrial group, which are located on one or more contiguous properties, which are under the control of the same person (or persons under common control), and from which an accidental release may occur. The term stationary source does not apply to transportation, including storage incident to transportation, of any regulated substance or any other extremely hazardous substance under the provisions of this chapter. A stationary source includes transportation containers used for storage not incident to transportation and transportation containers connected to equipment at a stationary source for loading or unloading. Transportation includes, but is not limited to, transportation subject to oversight or regulations under Part 192, 193, or 195 of Title 49 of CFR, or a state natural gas or hazardous liquid program for which the state has in effect a certification to DOT under Section 60105 of Title 49 of USC. A stationary source does not include naturally occurring hydrocarbon reservoirs. Properties shall not be considered contiguous solely because of a railroad or pipeline right-of-way.”
19 CCR Section 2735.3(rrr); HSC Section 25532(n)
40 CFR Section 68.3; 49 CFR Part 192, Part 193, Part 195; 49 USC Section 60105
What is the definition of “process”?
For stationary sources subject to Program 1, 2, or3 requirements, process means “any activity involving a regulated substance including any use, storage, manufacturing, handling, or on-site movement of such substances, or combination of these activities. For the purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located such that a regulated substance could be involved in a potential release, shall be considered a single process.” This definition does not apply to Program 4 stationary sources.
For stationary sources subject to Program 4requirements, process means “petroleum refining activities involving a highly hazardous material, including use, storage, manufacturing, handling, piping, or on-site movement. For the purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located such that an incident in one vessel could affect any other vessel, shall be considered a single process. Utilities and safety related devices shall be considered part of the process if, in the event of an unmitigated failure or malfunction, they could potentially contribute to a major incident. This definition includes processes under partial or unplanned shutdowns. Ancillary administrative and support functions, including office buildings, laboratories, warehouses, maintenance shops, and change rooms are not considered processes under this definition.”
19 CCR Section 2735.3 (xx) and (yy); HSC Section 25532(g)
What is the definition of “regulated substance”?
Regulated substance is defined as any substance, unless otherwise indicated, listed in 19 CCR Chapter 4.5, Article 8, Section 2770.5.
- Table 1 – Federal Regulated Substances List and Threshold Quantities for Accidental Release Prevention
- Table 2 – Federal Regulated Flammable Substances List and Threshold Quantities for Accidental Release Prevention
- Table 3 – State Regulated Substances List and Threshold Quantities for Accidental Release Prevention
19 CCR Section 2735.3(kkk); 19 CCR Section 2770.5; HSC Section 25532(i)
What is a Risk Management Plan (RMP)?
A Risk Management Plan (RMP) is a document prepared by the owner or operator of a stationary source containing detailed information including, but not limited to:
- Regulated substances held onsite at the stationary source;
- Offsite consequences of an accidental release of a regulated substance;
- The accident history at the stationary source;
- The emergency response program for the stationary source;
- Coordination with the local emergency responders;
- Hazard review or process hazard analysis;
- Operating procedures at the stationary source;
- Training of the stationary source’s personnel;
- Maintenance and mechanical integrity of the stationary source’s physical plant; and
- Incident investigation.
Additional Resources: EPA Guidance for Facilities on Risk Management Programs (RMP)
19 CCR Section 2735.5; 19 CCR Article 3
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 2, Chapter 4.5, Article 1 to 11, Sections 2735.1 to 2785.1
If you have any questions regarding the CalARP program, please contact the program at CalARP@calepa.ca.gov.