2005 California Health and Safety Code Sections 25531-25543.3 Article 2. Hazardous Materials Management

25531.  (a) The Legislature finds and declares that a significant
number of chemical manufacturing and processing facilities generate,
store, treat, handle, refine, process, and transport hazardous
materials.  The Legislature further finds and declares that, because
of the nature and volume of chemicals handled at these facilities,
some of those operations may represent a threat to public health and
safety if chemicals are accidentally released.
   (b) The Legislature recognizes that the potential for explosions,
fires, or releases of toxic chemicals into the environment exists.
The protection of the public from uncontrolled releases or explosions
of hazardous materials is of statewide concern.
   (c) There is an increasing capacity to both minimize and respond
to releases of toxic air contaminants and hazardous materials once
they occur, and to formulate efficient plans to evacuate citizens if
these discharges or releases cannot be contained.  However, programs
designed to prevent these accidents are the most effective way to
protect the community health and safety and the environment.  These
programs should anticipate the circumstances that could result in
their occurrence and require the taking of necessary precautionary
and preemptive actions, consistent with the nature of the hazardous
materials handled by the facility and the surrounding environment.
   (d) As required by Clean Air Act amendments enacted in 1990 (P.L.
101-549), the Environmental Protection Agency has developed a
program for the prevention of accidental releases of regulated
substances.  In developing the program, the Environmental Protection
Agency thoroughly reviewed a wide variety of chemical and hazardous
substances to identify substances that might pose a risk to public
health or safety or to the environment in the event of an accidental
release.  The Environmental Protection Agency developed a program to
prevent accidental releases of those substances determined to
potentially pose the greatest risk of immediate harm to the public
and the environment.  The federal program provides no options for
implementing agencies to diminish the requirements or applicability
of the federal program.
   (e) In light of this new federal program, the Legislature finds
and declares that the goals of reducing regulated substances accident
risks and eliminating duplication of regulatory programs can best be
accomplished by implementing the federal risk management program in
the state, with certain amendments that are specific to the state.
Therefore, it is the intent of the Legislature that the state seek
and receive delegation of the federal program for prevention of
accidental releases of regulated substances established pursuant to
Section 112(r) of the federal Clean Air Act (42 U.S.C.  Section 7412
(r)), by implementing the federal program as promulgated by the
Environmental Protection Agency, with certain amendments that are
specific to the state.
25531.1.  The Legislature finds and declares that the public has a
right to know about acutely hazardous materials accident risks that
may affect their health and safety, and that this right includes full
and timely access to hazard assessment information, including
offsite consequence analysis for the most likely hazards, which
identifies the offsite area which may be required to take protective
action in the event of an acutely hazardous materials release.
   The Legislature further finds and declares that the public has a
right to participate in decisions about risk reduction options and
measures to be taken to reduce the risk or severity of acutely
hazardous materials accidents.
25531.2.  (a) The Legislature finds and declares that as the state
implements the federal accidental release prevention program pursuant
to this article, the Office of Emergency Services will play a vital
and increased role in preventing accidental releases of extremely
hazardous substances.  The Legislature further finds and declares
that as an element of the unified program established pursuant to
Chapter 6.11 (commencing with Section 25404), a single fee system
surcharge mechanism is established by Section 25404.5 to cover the
costs incurred by the office pursuant to this article.  It is the
intent of the Legislature that this existing authority, together with
any federal assistance that may become available to implement the
accidental release program, be used to fully fund the activities of
the office necessary to implement this article.
   (b) The office shall use any federal assistance received to
implement Chapter 6.11 (commencing with Section 25404) to offset any
fees or charges levied to cover the costs incurred by the office
pursuant to this article.
25532.  Unless the context indicates otherwise, the following
definitions govern the construction of this article:
   (a) "Accidental release" means an unanticipated emission of a
regulated substance or other extremely hazardous substance into the
ambient air from a stationary source.
   (b) "Administering agency" means the local agency authorized,
pursuant to Section 25502, to implement and enforce this article.
   (c) "Covered process" means a process that has a regulated
substance present in more than a threshold quantity.
   (d) "Modified stationary source" means an addition or change to a
stationary source that qualifies as a "major change," as defined in
Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C
of Chapter I of Title 40 of the Code of Federal Regulations.
"Modified stationary source" does not include an increase in
production up to the source's existing operational capacity or an
increase in production level, up to the production levels authorized
in a permit granted pursuant to Section 42300.
   (e) "Process" means any activity involving a regulated substance,
including any use, storage, manufacturing, handling, or onsite
movement of the regulated substance or any combination of these
activities.  For the purposes of this definition, any group of
vessels that are interconnected, or separate vessels that are located
so that a regulated substance could be involved in a potential
release, shall be considered a single process.
   (f) "Qualified person" means a person who is qualified to attest,
at a minimum, to the completeness of an RMP.
   (g) "Regulated substance" means any substance that is either of
the following:
   (1) A regulated substance listed in Section 68.130 of Title 40 of
the Code of Federal Regulations pursuant to paragraph (3) of
subsection (r) of Section 112 of the Clean Air Act (42 U.S.C. Sec.
7412(r)(3)).
   (2) (A) An extremely hazardous substance listed in Appendix A of
Part 355 (commencing with Section 355.10) of Subchapter J of Chapter
I of Title 40 of the Code of Federal Regulations that is any of the
following:
   (i) A gas at standard temperature and pressure.
   (ii) A liquid with a vapor pressure at standard temperature and
pressure equal to or greater than 10 millimeters mercury.
   (iii) A solid that is one of the following:
   (I) In solution or in molten form.
   (II) In powder form with a particle size less than 100 microns.
   (III) Reactive with a National Fire Protection Association rating
of 2, 3, or 4.
   (iv) A substance that the office determines may pose a regulated
substances accident risk pursuant to subclause (II) of clause (i) of
subparagraph (B) or pursuant to Section 25543.3.
   (B) (i) On or before June 30, 1997, the office shall, in
consultation with the Office of Environmental Health Hazard
Assessment, determine which of the extremely hazardous substances
listed in Appendix A of Part 355 (commencing with Section 355.10) of
Subchapter J of Chapter I of Title 40 of the Code of Federal
Regulations do either of the following:
   (I) Meet one or more of the criteria specified in clauses (i),
(ii), or (iii) of subparagraph (A).
   (II) May pose a regulated substances accident risk, in
consideration of the factors specified in subdivision (g) of Section
25543.1, and, therefore, should remain on the list of regulated
substances until completion of the review conducted pursuant to
subdivision (a) of Section 25543.3.
   (ii) The office shall adopt, by regulation, a list of the
extremely hazardous substances identified pursuant to clause (i).
Extremely hazardous substances placed on the list are regulated
substances for the purposes of this article.  Until the list is
adopted, the administering agency shall determine which extremely
hazardous substances should remain on the list of regulated
substances pursuant to the standards specified in clause (i).
   (h) "Regulated substances accident risk" means a potential for the
accidental release of a regulated substance into the environment
that could produce a significant likelihood that persons exposed may
suffer acute health effects resulting in significant injury or death.
   (i) "RMP" means the risk management plan required under Part 68
(commencing with Section 68.1) of Subchapter C of Chapter I of Title
40 of the Code of Federal Regulations and by this article.
   (j) "State threshold quantity" means the quantity of a regulated
substance described in subparagraph (A) of paragraph (2) of
subdivision (g), as adopted by the office pursuant to Section 25543.1
or 25543.3.  Until the office adopts a state threshold quantity for
a regulated substance, the state threshold quantity shall be the
threshold planning quantity for the regulated substance specified in
Appendix A of Part 355 (commencing with Section 355.10) of Subchapter
J of Chapter I of Title 40 of the Code of Federal Regulations.
   (k) "Stationary source" means any stationary source, as defined in
Section 68.3 of Title 40 of the Code of Federal Regulations.
   (l) "Threshold quantity" means the quantity of a regulated
substance that is determined to be present at a stationary source in
the manner specified in Section 68.115 of Title 40 of the Code of
Federal Regulations and that is the lesser of either of the
following:
   (1) The threshold quantity for the regulated substance specified
in Section 68.130 of Title 40 of the Code of Federal Regulations.
   (2) The state threshold quantity.
   (m) "Person" means an individual, trust, firm, joint stock
company, business concern, partnership, limited liability company,
association, or corporation, including, but not limited to, a
government corporation.  "Person" also includes any city, county,
city and county, district, commission, the state or any department,
agency or political subdivision thereof, any interstate body, and the
federal government or any department or agency thereof to the extent
permitted by law.
25533.  (a) The program for prevention of accidental releases of
regulated substances adopted by the Environmental Protection Agency
pursuant to subsection (r) of Section 112 of the Clean Air Act (42
U.S.C.  Section 7412(r)), with the additional provisions specified in
this article, is the accidental release prevention program for the
state.  The program shall be implemented by the office and the
appropriate administering agency in each city or county.  The state's
implementation of the federal program adopted by the Environmental
Protection Agency is not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.  Notwithstanding this article or Division 26 (commencing with
Section 39000), the accidental release prevention program submitted
by the office to the Environmental Protection Agency to receive
delegation of federal authority to implement the federal program
shall include only those regulated substances and threshold
quantities specified in the regulations adopted by the Environmental
Protection Agency.
   (b) The office and the administering agency shall, to the maximum
extent feasible, coordinate implementation of the accidental release
prevention program with the federal Chemical Safety and Hazard
Investigation Board, the Emergency Response Commission and local
emergency planning committees, the unified program elements specified
in subdivision (c) of Section 25404, the permitting programs
implemented by the air quality management districts and air pollution
control districts pursuant to Title V of the Clean Air Act (42
U.S.C. Section 7661 et seq.), and with other agencies, as specified
in Section 25404.2.
   (c) Section 39602 does not apply to the accidental release
prevention program promulgated and implemented pursuant to subsection
(r) of Section 112 of the Clean Air Act (42 U.S.C. Section 7412(r)).
   (d) The administering agency in each jurisdiction is the agency
designated to implement and enforce any requirements specified by the
Environmental Protection Agency and pertaining to any of the
following:
   (1) Verification of stationary source registration and submission
of an RMP or revised RMP.
   (2) Verification of source submission of stationary certifications
or compliance schedules.
   (3) Mechanisms for ensuring that stationary sources permitted
pursuant to Title V of the federal Clean Air Act (42 U.S.C. Section
7661 et seq.) are in compliance with the requirements of this
article.
   (e) Notwithstanding subdivision (d) and paragraph (2) of
subdivision (a) of Section 25404.1, if, after a public hearing, the
office determines that an administering agency is not taking
reasonable actions to enforce the statutory provisions and
regulations pertaining to accidental releases of regulated
substances, the office may exercise any of the powers of that
administering agency as necessary to implement this article.
   (f) Notwithstanding any other provision of law, at any time there
is no local agency certified to implement in a city or unincorporated
portion of a county the unified program established pursuant to
Chapter 6.11 (commencing with Section 25404), the office shall do one
of the following:
   (1) Authorize the administering agency which implemented this
article in the city or county as of December 31, 1993, to continue to
implement this article until such time as a local agency is
certified to implement the unified program.
   (2) Assume authority and responsibility to implement this article
in that city or county until a local agency is certified to implement
the unified program, in which case all references in this article to
the administering agency shall be deemed to refer to the office.
25534.  (a) For any stationary source with one or more covered
processes, the administering agency shall make a preliminary
determination as to whether there is a significant likelihood that
the use of regulated substances by a stationary source may pose a
regulated substances accident risk.
   (b) (1) If the administering agency determines that there is a
significant likelihood of a regulated substances accident risk
pursuant to this subdivision, it shall require the stationary source
to prepare and submit an RMP, or may reclassify the covered process
from program 2 to program 3, as specified in Part 68 (commencing with
Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code
of Federal Regulations.
   (2) If the administering agency determines that there is not a
significant likelihood of a regulated substances accident risk
pursuant to this subdivision, it may do either of the following:
   (A) Require the preparation and submission of an RMP, but need not
do so if it determines that the likelihood of a regulated substances
accident risk is remote, unless otherwise required by federal law.
   (B) Reclassify a covered process from program 3 to program 2 or
from program 2 to program 1, as specified in Part 68 (commencing with
Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code
of Federal Regulations, unless the classification of the covered
process is specified in those regulations.
   (3) If the administering agency determines that an economic
poison, as defined in Section 12753 of the Food and Agricultural
Code, used on a farm or nursery may pose a regulated substances
accident risk pursuant to this article, the administering agency
shall first consult with the Department of Food and Agriculture or
the county agricultural commissioner to evaluate whether the current
RMP is adequate in relation to the regulated substances accident
risk.  This paragraph does not limit the authority of an
administering agency to conduct its duties under this article, or
prohibit the exercise of that authority.
   (c) The requirements of this section apply to a stationary source
that is not otherwise required to submit an RMP pursuant to Part 68
(commencing with Section 68.1) of Subchapter C of Chapter I of Title
40 of the Code of Federal Regulations.
25534.05.  (a) The office, in consultation with the administering
agencies, industry, the public, and other interested parties, shall
adopt regulations, initially as emergency regulations, for all of the
following activities:
   (1) The registration of stationary sources subject to this
article.
   (2) The receipt, review, revision, and audit of RMPs.
   (3) The resolution of disagreements between stationary source
operators and administering agencies.
   (4) Providing for the public availability of RMPs, consistent with
subsection (c) of Section 114 of the federal Clean Air Act (42
U.S.C. Section 7414(c)).
   (5) The provision of technical assistance to stationary sources
subject to the accidental release prevention program.
   (b) The regulations shall also require each stationary source to
work closely with the administering agency in deciding which process
hazard review technique is best suited for each stationary source's
covered processes.
   (c) The regulations shall provide that the process hazard analysis
shall include the consideration of external events, including
seismic events, if applicable.
   (d) The regulations shall also require each stationary source to
work closely with the administering agency in determining for each
RMP an appropriate level of detail for the document elements
specified in Section 68.150(a) of Title 40 of the Code of Federal
Regulations and  for documentation of the external events analysis.
   (e) Administering agencies shall implement the regulations adopted
pursuant to this section.
25534.06.  (a) A city or county that adopts, amends, or repeals an
ordinance related to the regulation of regulated substances pursuant
to this article shall do so at a public meeting for which notice has
been given in a newspaper of general circulation that is published
and circulated in the affected city or county, and the city or county
shall state in the ordinance the reasons for adopting, amending, or
repealing the ordinance.
   (b) A city or county required to provide notice pursuant to
subdivision (a) may, in addition to publishing the notice in a
newspaper of general circulation, submit the notice to the California
Environmental Protection Agency, which shall post that notice on the
Internet at a location established for notices that may be posted
pursuant to this subdivision.
   (c) A city or county required to provide notice pursuant to
subdivision (a) may also submit the full text of the ordinance and a
summary of any violations of the ordinance to the California
Environmental Protection Agency, which shall post the full text of
the ordinance and the summary of any violations of the ordinance, or
a link to the full text of the ordinance and the summary of any
violations of the ordinance, on the agency's Internet website.
   (d) The California Environmental Protection Agency shall not
implement subdivision (b) or (c) until July 1, 2001, unless otherwise
authorized to do so on an earlier date, in accordance with a process
for considering exemptions established by the Year 2000 Executive
Committee, pursuant to Executive Order D-3-99.
25534.1.  Each RMP required to be prepared pursuant to this article
shall give consideration to the proximity of the facility or proposed
facility to populations located in schools, residential areas,
general acute care hospitals, long-term health care facilities, and
child day care facilities.  For purposes of this section, "general
acute care hospital" has the meaning provided by subdivision (a) of
Section 1250, "long-term health care facility" has the meaning
provided by subdivision (a) of Section 1418, and "child day care
facility" has the meaning provided by Section 1596.750.  "School"
means any school used for the purpose of the education of more than
12 children in kindergarten or any grades 1 to 12, inclusive.
25534.2.  Any new or modified stationary source which is required to
prepare an RMP pursuant to this article shall be subject to the
requirements of Section 65850.2 of the Government Code.
25534.5.  The administering agency with jurisdiction over a
stationary source or facility may have access to inspect the
stationary source and review all technical and other information in
the stationary source's possession which is reasonably necessary to
allow the administering agency to make a determination regarding the
stationary source's compliance with this article.  Upon request of
the administering agency, the stationary source shall provide to the
administering agency information regarding the stationary source's
compliance with this article.
25535.  (a) An owner or operator of a stationary source submitting
an RMP pursuant to this article shall submit the RMP to the
administering agency after the RMP is certified as complete by a
qualified person and the stationary source owner or operator.  The
administering agency shall review the RMP and may authorize the air
pollution control district or air quality management district in
which the stationary source is located to conduct a technical review
of the RMP.  If, after review by the administering agency  and
technical review, if any, by the air pollution control district or
air quality management  district, the administering agency determines
that the stationary source's RMP is deficient in any way, the
administering agency shall notify the stationary source of these
defects.  The stationary source shall submit a corrected RMP within
60 days of the notification of defects, unless granted a one-time
extension of no more than 30 days, of the notice to correct the RMP
by the administering agency.  Failure to fully comply with this
notice or the unified program of this section shall be deemed a
violation of this article for purposes of Section 25540.
   (b) Upon implementation of an RMP, the stationary source shall
notify the administering agency that the RMP has been implemented and
shall summarize the steps taken in preparation and implementation of
the  RMP.
   (c) The stationary source shall continue to carry out the program
and activities specified in the  RMP at the stationary source after
the administering agency has been notified pursuant to subdivision
(b).
   (d) The owner or operator of the stationary source shall implement
all programs and activities in the RMP before operations commence,
in the case of a new stationary source, or before any new activities
involving regulated substances are taken, in the case of a modified
stationary source.
25535.1.  (a) Except as otherwise provided in this article, an owner
or operator of a stationary source shall prepare an RMP if an RMP is
required pursuant to Part 68 (commencing with Section 68.1) of
Subchapter C of Chapter I of Title 40 of the Code of Federal
Regulations or if the administering agency makes a determination
pursuant to Section 25534 that an RMP is required.
   (b) An owner or operator of a stationary source required to
prepare an RMP pursuant to this article shall submit the RMP to the
Environmental Protection Agency and to the administering agency.
   (c) Notwithstanding subdivision (b), if an RMP is required only
because the administering agency has determined, pursuant to Section
25534, that an RMP is required, the RMP shall be submitted only to
the administering agency.
25535.2.  Within 15 days after the administering agency determines
that an RMP is complete, the administering agency shall make the RMP
available to the public for review and comment for a period of at
least 45 days.  A notice briefly describing and stating that the RMP
is available for public review at a certain location shall be placed
in a daily local newspaper and mailed to interested persons and
organizations.  The administering agency shall review the RMP, and
any comments received, following the regulations adopted pursuant to
subdivision (a) of Section 25534.05.
25535.5.  Any fee imposed on any stationary source to cover the
administering agency's cost of implementing the accidental release
prevention program pursuant to this article shall be imposed only
through the single fee system established pursuant to Section
25404.5.
25536.  (a) Any stationary source with one or more covered processes
shall comply with the requirements of this article no later than the
latest date specified in Subpart A (commencing with Section 68.1) of
Part 68 of Subchapter C of Chapter 7 of Title 40 of the Code of
Federal Regulations.
   (b) If the administering agency makes a determination pursuant to
Section 25534 that a stationary source is required to prepare and
submit an RMP, the stationary source shall submit the RMP in
accordance with a schedule established by the administering agency
after consultation with the stationary source.  The administering
agency shall not require an RMP to be submitted earlier than 12
months or later than three years after the owner or operator has
received a notice of that determination from the administering
agency.
25536.5.  (a) Any business which was required to prepare, submit,
and implement a risk management and prevention program pursuant to
this article as it read on December 31, 1996, and which is required
to prepare and submit an RMP pursuant to this article, shall continue
to implement the risk management and prevention program until the
business has submitted an RMP as specified in this article.
   (b) Any business which was required to prepare, submit, and
implement a risk management and prevention program pursuant to this
article as it read on December 31, 1996, and which is not required to
prepare an RMP pursuant to this article is required to comply only
with those requirements of this chapter that apply to the business.
   (c) Any stationary source which was not required to prepare,
submit, and implement a risk management and prevention program
pursuant to this article as it read on December 31, 1996, but which
is required to prepare and submit an RMP pursuant to this article,
shall submit and implement an RMP not later than the deadlines
specified in Subpart A (commencing with Section 68.1) of Part 68 of
Subchapter C of Chapter 7 of Title 40 of the Code of Federal
Regulations.
25537.  (a) The administering agency shall inspect every stationary
source required to be registered pursuant to this article at least
once every three years to determine whether the stationary source is
in compliance with this article.
   The requirements of this section do not alter or affect the
immunity provided a public entity pursuant to Section 818.6 of the
Government Code.
   (b) Subdivision (a) shall not be construed to affect the exemption
from audit requirements established pursuant to Section 68.220(c) of
Title 40 of the Code of Federal Regulations.
25537.5.  (a) Where a stationary source has one or more covered
processes, and is subject to the requirements of Article 1
(commencing with Section 25500) for the same substance, compliance
with this article shall be deemed compliance with Article 1
(commencing with Section 25500) for that substance, to the extent not
inconsistent with federal law and with Article 1 (commencing with
Section 25500).
   (b) Any stationary source which relies on subdivision (a) for
compliance with the applicable requirements of Article 1 (commencing
with Section 25500) shall annually submit to the administering agency
a statement that the stationary source has made no changes required
to be reported pursuant to Article 1 (commencing with Section 25500),
or identifying all reportable changes.
25538.  (a) If a stationary source believes that any information
required to be reported, submitted, or otherwise provided to the
administering agency pursuant to this article involves the release of
a trade secret, the stationary source shall provide the information
to the administering agency and shall notify the administering agency
in writing of that belief.  Upon receipt of a claim of trade secret
related to an RMP, the administering agency shall review the claim
and shall segregate properly substantiated trade secret information
from information that shall be made available to the public upon
request in accordance with the California Public Records Act (Chapter
3.5 (commencing with Section 6250), Division 7, Title 1, Government
Code).  As used in this section, "trade secret" has the same meaning
as in subdivision (d) of Section 6254.7 of the Government Code and
Section 1060 of the Evidence Code.
   (b) Except as otherwise specified in this section, the
administering agency may not disclose any properly substantiated
trade secret that is so designated by the owner or operator of a
stationary source.
   (c) The administering agency may disclose trade secrets received
by the administering agency pursuant to this article to authorized
officers or employees of other governmental agencies only in
connection with the official duties of that officer or employee
pursuant to any law for the protection of health and safety.
   (d) Any officer or employee or former officer or employee of the
administering agency or any other government agency who, because of
that employment or official position, has possession of or access to
information designated as a trade secret pursuant to this section
shall not knowingly and willfully disclose the information in any
manner to any person not authorized to receive the information
pursuant to this section.  Notwithstanding Section 25515, any person
who violates this subdivision, and who knows that disclosure of this
information to the general public is prohibited by the section,
shall, upon conviction, be punished by imprisonment in the county
jail for not more than six months or by a fine of not more than one
thousand dollars ($1,000), or by both that fine and imprisonment.
   (e) Any information prohibited from disclosure pursuant to any
federal statute or regulation shall not be disclosed.
   (f) This section does not authorize any stationary source to
refuse to disclose to the administering agency any information
required pursuant to this article.
   (g) (1) Upon receipt of a request for the release of information
to the public that includes information that the stationary source
has notified the administering agency is a trade secret pursuant to
subdivision (a), the administering agency shall notify the stationary
source in writing of the request by certified mail, return receipt
requested.  The owner or operator of the stationary source shall have
30 days from receipt of the notification to provide the
administering agency with any materials or information intended to
supplement the information submitted pursuant to subdivision (a) and
needed to substantiate the claim of trade secret.  The administering
agency shall review the claim of trade secret and shall determine
whether the claim is properly substantiated.
   (2) The administering agency shall inform the stationary source in
writing, by certified mail, return receipt requested, of any
determination by the administering agency that some, or all, of a
claim of trade secret has not been substantiated.  Not earlier than
30 days after the receipt by a stationary source of notice of the
determination, the administering agency shall release the information
to the public, unless, prior to the expiration of the 30-day period,
the stationary source files an action in an appropriate court for a
declaratory judgment that the information is subject to protection
under subdivision (b) or for an injunction prohibiting disclosure of
the information to the public, and promptly notifies the
administering agency of that action.
25539.  The office and each administering agency, in implementing
this article, shall, upon request, involve and cooperate with local
and state government officials, emergency planning committees, and
professional associations.
25540.  (a) Any person or stationary source that violates this
article shall be civilly liable to the administering agency in an
amount of not more than two thousand dollars ($2,000) for each day in
which the violation occurs.  If the violation results in, or
significantly contributes to, an emergency, including a fire, the
person or stationary source shall also be assessed the full cost of
the county or city emergency response, as well as the cost of
cleaning up and disposing of the hazardous materials.  When an
administering agency issues an enforcement order or assesses an
administrative penalty, or both, for a violation of this chapter, the
administering agency shall utilize the administrative enforcement
procedures specified in Sections 25404.1.1 and 25404.1.2.
   (b) Any person or stationary source that knowingly violates this
article after reasonable notice of the violation shall be civilly
liable to the administering agency in an amount not to exceed
twenty-five thousand dollars ($25,000) for each day in which the
violation occurs and upon conviction, may be punished by imprisonment
in the county jail for not more than one year.  If the violation
results in, or significantly contributes to, an emergency, including
a fire, the person or stationary source shall also be assessed the
full cost of the county or city emergency response, as well as the
cost of cleaning up and disposing of any hazardous materials.
25540.5.  Any person or stationary source who violates any rule or
regulation, emission limitation, permit condition, order, fee
requirement, filing requirement, duty to allow or carry out
inspection or monitoring activities, or duty to allow entry,
established pursuant to this article and for which delegation or
approval of implementation and enforcement authority has been
obtained pursuant to subsections (l) and (r) of Section 112 of the
Clean Air Act (42 U.S.C. Sections 7412(l) and 7412(r)) or the
regulations adopted pursuant thereto, is strictly liable for a civil
penalty not to exceed ten thousand dollars ($10,000) for each day in
which the violation occurs.
25541.  Any person or stationary source who knowingly makes any
false material statement, representation or certification in any
record, report, or other document filed, maintained, or used for the
purpose of compliance with this article, or destroys, alters, or
conceals any  such record, report, or other document filed,
maintained, or used for the purpose of compliance with this article,
shall, upon conviction, be punished by a fine of not more than
twenty-five thousand dollars ($25,000) for each day of violation, or
by imprisonment in the county jail for not more than one year, or by
both the fine and the imprisonment.
   If the conviction is for a violation committed after a first
conviction under this section, the person or stationary source shall
be punished by a fine of not less than two thousand dollars ($2,000)
or more than fifty thousand dollars ($50,000) per day of violation,
or by imprisonment in the state prison for one, two, or three years
or in the county jail for not more than one year, or both the fine
and imprisonment.
   Furthermore, if the violation results in, or significantly
contributes to, an emergency, including a fire, to which the county
or city is required to respond, the person or stationary source shall
also be assessed the full cost of the county or city emergency
response, as well as the cost of cleaning up and disposing of the
acutely hazardous materials.
25541.3.  Any person or stationary source who knowingly violates any
requirement of this article, including any fee or filing
requirement, for which delegation of federal implementation and
enforcement authority has been obtained pursuant to subsections (l)
and (r) of Section 112 of the federal Clean Air Act (42 U.S.C.
Sections 7412(l) and 7412(r)), or who knowingly renders inaccurate
any federally required monitoring device or method, shall, upon
conviction, be punished by a fine of not more than ten thousand
dollars ($10,000) for each day of violation.
25541.5.  If civil penalties are recovered pursuant to Section 25540
or 25540.5, the same offense shall not be the subject of a criminal
prosecution pursuant to Section 25541 or 25541.3.  When an
administering agency refers a violation to a prosecuting agency and a
criminal complaint is filed, any civil action brought pursuant to
this article for that offense shall be dismissed.
25542.  (a) It is the intent of the Legislature that for those
facilities with an RMP incorporating some, or all, of the federal or
state process safety management program under the Occupational Safety
and Health Act of 1970 (29 U.S.C. Section 651 et seq.) and the
Occupational Safety and Health Act of 1973, Part 1 (commencing with
Section 6300) of Division 5 of the Labor Code, where a violation may
be penalized pursuant to this article and the process safety
management program, penalties shall be imposed under only one
program.
   (b) It is the further intent of the Legislature that for any
facility described in subdivision (a), the Division of Industrial
Safety of the Department of Industrial Relations shall, to the
maximum extent feasible, coordinate with the administering agency and
other agencies in accordance with paragraph (4) of subdivision (a)
of Section 25404.2.
25543.  The office shall obtain and maintain state delegation of the
federal accidental release prevention program established pursuant
to subsection (r) of Section 7412 of Title 42 of the United States
Code.  Substances that are regulated under this article only because
they are regulated substances pursuant to paragraph (2) of
subdivision (g) of Section 25532 and state threshold quantities shall
not be a part of the state program for which delegation of federal
implementation and enforcement authority is sought pursuant to this
section and subdivision (a) of Section 25533.
25543.1.  (a) Any person may submit a petition to the office for the
addition of a material to, or for the deletion of a material from,
the regulated substances list adopted pursuant to subparagraph (B) of
paragraph (2) of subdivision (g) of Section 25532 or to revise the
existing state threshold quantities that are used as the standards
for registration and RMP compliance.
   (b) A petition submitted pursuant to subdivision (a) shall be
accompanied by a submission fee, to be established by the office, in
consultation with the Office of Environmental Health Hazard
Assessment.  The fee shall be in an amount that is sufficient to pay
for the reasonable costs incurred by the office and the Office of
Environmental Health Hazard Assessment necessary to carry out this
section.  Upon the receipt of the petition and fee, the office shall
transmit to the Office of Environmental Health Hazard Assessment
funds sufficient to pay for the reasonable costs incurred by the
Office of Environmental Health Hazard Assessment to carry out this
section.
   (c) An owner or operator of a stationary source shall not delay
implementation of this article in anticipation of a ruling on a
petition to delist a regulated substance or to change a  state
threshold quantity.
   (d) The office shall notify administering agencies of petitions
for adding or delisting regulated substances or for changing state
threshold quantities and shall take comments from administering
agencies on the petitions.  All comments shall be responded to in
writing.
   (e) The office shall notify the public of petitions for adding or
delisting regulated substances or for changing state threshold
quantities and shall take public comment on the petitions.  All
comments shall be responded to in writing.
   (f) (1) The office shall request the Office of Environmental
Health Hazard Assessment to review the petitions and make
recommendations to the office regarding the petitions.
   (2) Each recommendation made pursuant to paragraph (1) shall be
based on current scientific knowledge and a sound and open scientific
review and shall contain a finding whether a substance should be
added to, or deleted from, the regulated substance list, or whether
the state threshold quantity for a regulated substance should be
revised.
   (g) The petition review by the Office of Environmental Health
Hazard Assessment shall take into consideration all of the following
factors:
   (1) The severity of any acute adverse health effect associated
with an accidental release of the  substance.
   (2) The likelihood of an accidental release of the  substance.
   (3) The potential magnitude of human exposure to an accidental
release of the substance.
   (4) The results of other preexisting evaluations of the substances
potential risks which take into account the factors specified in
paragraphs (1), (2), and (3), including, but not limited to, studies
or research undertaken by, or on behalf of, the Environmental
Protection Agency for the purpose of complying with paragraph (3) of
subsection (r) of Section 112 of the Clean Air Act (42 U.S.C. Sec.
7412 (r)(3)).
   (5) The likelihood of the substance being handled in this state.
   (6) The accident history of the substance.
   (h) Upon receipt of a recommendation made pursuant to subdivision
(f), the office may add or remove a substance or change an existing
state threshold quantity as a requirement for this article.
   (i) In reviewing a petition under this section, the office shall
consider the views of administering agencies that have indicated
support or opposition to the petition.
25543.2.  (a) A stationary source that intends to modify a facility
which may result either in a significant increase in the amount of
regulated substances handled by the facility or in a significantly
increased risk in handling a regulated substance, as compared to the
amount of substances and the amount of risk identified in the
facility's RMP relating to the covered process proposed for
modification, shall do all the following, prior to operating the
modified facility:
   (1) Where reasonably possible, notify the  administering agency in
writing of the stationary source's intent to modify the facility at
least five calendar days before implementing any modifications.  As
part of the notification process, the stationary source shall consult
with the administering agency when determining whether the RMP
should be reviewed and revised.  Where prenotification is not
reasonably possible, the stationary source shall provide written
notice to the administering agency no later than 48 hours following
the modification.
   (2) Establish procedures to manage the proposed modification,
which shall be substantially similar to the procedures specified in
Section 1910.119 of Title 29 of the Code of Federal Regulations
pertaining to process safety management, and notify the administering
agency that the procedures have been established.
   (b) The stationary source shall revise the appropriate documents,
as required pursuant to subdivision (a), expeditiously, but not later
than 60 days from the date of the facility modification.
25543.3.  On or before June 30, 1998, the office, in consultation
with the Office of Environmental Health Hazard Assessment, shall do
all of the following:
   (a) Review each regulated substance  on the list established
pursuant to subparagraph (B) of paragraph (2) of subdivision (g) of
Section 25532 and, taking into consideration the factors specified in
subdivision (g) of Section 25543.1, determine if the regulated
substance should remain subject to regulation under this article or
should be deleted from that list of regulated substances.
   (b) Review the state threshold quantity for each regulated
substance that the office determines should remain on the list of
regulated substances, and determine, taking into consideration the
factors specified in subdivision (g) of Section 25543.1, if the state
threshold quantity should be revised.
   (c) Adopt regulations, which amend the list of regulated
substances adopted pursuant to subparagraph (B) of paragraph (2) of
subdivision (g) of Section 25532, and adopt state threshold
quantities for regulated substances, based on the determinations of
the  office under subdivisions (a) and (b).