Fact Sheet - FS001 - Inspection and Enforcement
Fact Sheet - FS002 - Risk Management Plan (RMP)
Fact Sheet - FS003 - Emergency Response Program
Fact Sheet - FS004 - Public Review Process and Public Access to Information
LAFD CUPA Adopted Procedures
External Useful Links
CalARP PROGRAM FACILITY INSPECTIONS
The process to review an RMP after formal public review and LAFD CUPA evaluation review have been completed, can be found here. Currently there are no RMPs available for public review.
FACT SHEET - FS001 - INSPECTION AND ENFORCEMENT
Inspections are site visits to check on the accuracy of the Risk Management Plan (RMP) data and on the implementation of all CalARP Program elements. During inspections, the CUPA reviews the documentation for program elements, such as the process hazard analysis reports, operating procedures, maintenance schedules, process safety information and training. The inspection involves both off-site and on-site activities. Off-site activities might include determining that the regulations apply to the facility, that the facility placed itself in the correct RMP level, and that the facility submitted a complete and correct RMP. Cal ARP Program inspections always involve on-site verification activities that might include verification of documentation; interviews with facility managers, employees, and employee representatives; as well as observations of ongoing process operations or maintenance activities.
- After 30 days, re-inspection is conducted. Legal action is prepared (photos, contact person, date, and time).
- Request for legal action packet for legal action against business.
- Los Angeles City Attorney's Office conducts hearing.
- Appeal to Fire Commission.
- Sent to Los Angeles City Council for decision on appeal.
Enforcement activities are an integral part of the CalARP Program. Compliance with public safety and environmental regulations is the ultimate goal of enforcement.
- Return violators to compliance in a timely manner.
- Penalize violators, as appropriate, and to deprive violators of any significant benefit gained from violations.
- Treat similar facility owners and operators equally and consistently with regard to the same types of violations.
- Initiate and conclude enforcement activities in a timely manner.
- Promote compliance with statutes and regulations.
- Prevent any businesses from having an unfair business advantage through non-compliance.
- Educate the business community.
- Deter violators of hazardous material/waste rules and regulations.
- Informal enforcement is an action other than a formal enforcement action that notifies the regulated business of its non-compliance and establishes a date by which that non-compliance is to be corrected. Examples include a letter or notice of violation. Informal actions do not impose sanctions.
- Formal enforcement is an action which mandates compliance and initiates a civil, criminal, or administrative process which results in an enforceable agreement or order. Enforceable means the instrument creates an independent, affirmative obligation to comply and imposes sanctions for the prior failure to comply. Sanctions include fines and penalties as well as other tangible obligations, beyond returning to compliance, that are imposed upon the regulated business. Examples include administrative orders and civil and criminal referrals to the appropriate prosecutor.
- Administrative enforcement allows Los Angeles Fire Department (LAFD) to pursue an action independent of an outside prosecutorial agency and to determine an appropriate penalty based on the circumstances of the violation. Administrative enforcement has the following advantages:
- Provides sufficient enforcement response for cases requiring formal action but are not appropriate for referral to an outside prosecutor;
- Generally produces a faster response than criminal and civil enforcement;
Preserves LAFD control over the process;
- Has less formal rules of evidence as compared to criminal or civil enforcement; and
- This may be the only formal enforcement process available when other prosecutorial resources are limited.
- LAFD has pending request to City Council that gives the Department authority for Administrative Enforcement Order (AEO).
FACT SHEET - FS002 - RISK MANAGEMENT PLAN (RMP)
- Regulated substances held onsite at the business;
- Offsite consequences of an accidental release of a regulated substance;
- The accident history at the business;
- The emergency response program for the business;
- Coordination with local emergency responders;
- Summary of Hazard Review/Process Hazard Analysis;
- Summary of operating procedures;
- Operator’s training information;
- Mechanical integrity information;
- Incident investigation procedures;
- Compliance audits information.
- Provide basic information that may be used by first responders in order to prevent or mitigate impact to public health and safety and to the environment from an accidental release of a regulated substance.
- Satisfy federal and state Community Right-To-Know laws.
- Owner/Operator of a business that has more than a threshold quantity of a regulated substance in a process may have to complete and submit a Risk Management Plan.
FACT SHEET - FS003 - EMERGENCY RESPONSE PROGRAM
- If a business has a process with a regulated toxic substance, it must be included in the community emergency response plan prepared under Emergency Planning and Community Right-to-Know Act (EPCRA, also known as SARA Title III) regarding a response to a potential release.
- If a business has a process with a regulated flammable it must ensure that the local fire department is capable of responding to a potential release and aware of its responsibility to do so.
- An emergency response plan (ERP) that includes: Procedures for informing the public and emergency response agencies about releases and emergency planning, Documentation of proper first aid and emergency medical treatment necessary to treat human exposures, and Procedures and measures for emergency response after an accidental release
- Procedures for using, inspecting, testing, and maintaining emergency response equipment
- Training for all employees in relevant procedures
- Procedures to review and update, as appropriate, the emergency response plan to reflect changes at the facility and ensure that employees are informed of changes.
- ERP must be coordinated with the community plan developed under EPCRA. In addition, at the request of local emergency planning or response officials, any information necessary for developing and implementing the community plan must be provided.
An emergency response plan is only one element of the integrated effort that makes up an emergency response program. Although the plan outlines the actions and equipment necessary to respond effectively, training, program evaluation, equipment maintenance, as well as coordination with local agencies must occur regularly if a plan is to be useful in an emergency.
FACT SHEET - FS004 - PUBLIC REVIEW PROCESS AND PUBLIC ACCESS TO INFORMATION
Initial Public Notice: the Unified Program Agency (UPA) shall publish notice in a local newspaper of general circulation that the RMP has been submitted and the UPA has initiated the process for government and public review.
LAFD CUPA ADOPTED PROCEDURES
These procedures are similar to the ones used in the Federal Reading Room.
- At LAFD CUPA Office’s public may access Risk Management Plan, including Off-Site Consequence Analysis (scenarios) portions of RMPs. Public may read and take notes of any RMP information. However, this information may not be removed, photocopied, or otherwise mechanically reproduced.
- Public may access OCA information for up to 10 facilities per calendar month, without geographic restriction, by showing photo identification issued by a Federal, State, or local government agency such as a driver's license or passport. Public will also be asked to sign a certification on a sign-in sheet and Confidentiality Statement.
- Public may also access OCA information for all of the facilities that are located in or potentially impact the jurisdiction of the Local Emergency Planning Committee (LEPC) where member of a public lives or works. To access local information, appropriate documentation showing home or work address and signature on a sign-in sheet must be provided.
- LAFD CUPA’s office is "By-Appointment" Reading Room and requires public to set up an appointment and request RMP Information from specific facilities, located in LAFD jurisdiction, several days in advance. It provides the public with read-only access to RMP Information, including Off-Site Consequence Analysis, for local facilities.
California Accidental Release Program (CalARP) Regulation - Appendix
EXTERNAL USEFUL LINKS
- California Governor's Office of Emergency Services
- California Environmental Protection Agency
- US Environmental Protection Agency
- California CUPA Forum
- Chemical Safety Board
- South Coast Air Quality Management District
Call (213) 978-3686