CalARP PROGRAM FACILITY INSPECTIONS

 
This page provides the most recent CalARP Program inspection date and inspection results for CalARP Program only, for each facility, performed by LAFD CUPA. The page does not include other agencies or other programs inspection results. To request additional CalARP public information data for LAFD, please refer to the following Fact Sheet: RMP – Public Review Process and Public Access to Information or send email to: LAFDCalARP@lacity.org
 
Within 15 calendar days after the RMP is accepted as complete it is submitted for formal public review and comment.  The public shall have 45 calendar days to comment following the publication date of the notice.  LAFD CUPA shall take the public comments into consideration during the evaluation review that follows the public review period.
 
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.

 
 

REGULATORY OVERVIEW

 
The California Accidental Release Prevention Program (CalARP) was implemented on January 1, 1997, and replaced the California Risk Management and Prevention Program (RMPP).  The main objective of the CalARP program is to prevent accidental releases of those substances determined to potentially pose the greatest risk of immediate harm to the public and the environment, and to minimize the consequences if releases do occur.  These substances are called regulated substances and include both flammable and toxic hazardous materials listed on the Federal Regulated Substances for Accidental Release Prevention and on the State of California Regulated Substances lists. Businesses that handle regulated substances in industrial processes above threshold quantity levels are subject to CalARP program requirements.
 
The CalARP program requires businesses to have planning activities that are intended to minimize the possibility of an accidental release by encouraging engineering and administrative controls.  It is further intended to mitigate the consequences of an accidental release, by requiring owners or operators of facilities to develop and implement an accident prevention program. Subsequently, the owner or operator may be required to develop and submit a Risk Management Plan (RMP) to the LAFD.  CalARP program staff determines the level of detail in the RMPs, reviews all applicable components of RMPs to ensure   completeness and adequacy, conducts facility inspections, and provides public access to the information.  CalARP Program implementation is accomplished through close coordination between LAFD and regulated businesses.
 
The CalARP program encompasses both the federal “Risk Management Program,” established in the Code of Federal Regulations, Title 40, Part 68, and the State of California program, in accordance with the Title 19 of the California Code of Regulations, Division 2, Chapter 4.5.

Contact Information:
LAFD.CalARP@lacity.org

RMPs Available for 45-Day Public Comments
Within 15 calendar days after the RMP is accepted as complete it is submitted for formal public review and comment.  The public shall have 45 calendar days to comment following the publication date of the notice.  LAFD CUPA shall take the public comments into consideration during the evaluation review that follows the public review period.

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
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.

Each facility needs to be inspected at least once every three years to determine whether it is in compliance with the CalARP Program regulations. Following an inspection, a facility may be required to update procedures, re-train workers in those new procedures, and submit a revised RMP.  Inspections may also result in a variety of enforcement actions and penalties.
 
Enforcement
The owner or operator of a facility who violates the statutes or regulations established for the CalARP Program may be subject to enforcement pursuant to the provisions in Article 2 of Chapter 6.95 of the Health and Safety Code: informal and formal.
 
Summary LAFD Enforcement Actions:
Notice of Violation issued when violation is observed.
  • 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 Philosophy
Enforcement activities are an integral part of the CalARP Program.  Compliance with public safety and environmental regulations is the ultimate goal of enforcement.

It is the policy of the LAFD CUPA to implement its enforcement actions to accomplish the following goals:
  • 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)

 
A Risk Management Plan (RMP) is a document prepared by the owner/operator of a business containing detailed information including, but not limited to:
  • 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.
The purpose of the RMP is:
  • 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.
If a business has more than a threshold quantity of a regulated substance in a process and the regulated substance and threshold quantity are listed in Title 19 2770.5, Tables 1 or 2, the RMP must be submitted to LAFD CUPA and to the United States Environmental Protection Agency (USEPA).
 
If a business has more than a threshold quantity of a regulated substance in a process and the regulated substance and threshold quantity are listed in Title 19 2770.5, Table 3, the RMP must be submitted to LAFD CUPA only. The Owner/Operator of a business shall closely coordinate with LAFD CUPA to determine the appropriate level of documentation required for an RMP. The RMP shall be available to the public pursuant to Section 25534.05(a)(4) of the Health and Safety Code.
  
 
 

FACT SHEET - FS003 - EMERGENCY RESPONSE PROGRAM

 
A business that is subject to the CalARP Program regulations and its employees respond to some releases involving regulated substances is required to implement an emergency response program for the purpose of protecting public health and the environment.  An emergency response program consists of an emergency response plan; procedures for the use, inspection, testing and maintenance of emergency response equipment; employee training; and procedures to ensure the program is up-to-date.
 
US Environmental Protection Agency (EPA) and Governor’s Office of Emergency Services recognize that, in some cases (particularly for retailers and other small operations with few employees), it may not be appropriate for employees to conduct response operations for releases of regulated substances.  At the same time, a business is responsible for ensuring effective emergency response to any releases at the facility. If the local public responders are not capable of providing such response, business owner must take steps to ensure that effective response is available (e.g., by hiring response contractors).
 
Non-Responding Facilities
USEPA and Governor’s Office of Emergency Services have implemented a policy for non-responding facilities similar to that adopted by OSHA in its Hazardous Waste Operations and Emergency Response (HAZWOPER) Standard (29 CFR 1910.120), which allows certain facilities to develop an emergency action plan to ensure employee safety, rather than a comprehensive emergency response plan. If the employees do not respond to accidental releases of regulated substances, business needs not comply with the emergency response plan and program requirements provided it coordinates with local response agencies to ensure that they are prepared to respond to an emergency.  This helps to ensure that a community has a strategy for responding to and mitigating the threat posed by a release of a regulated substance from any facility. To do so, a business must ensure that it has set up a way to notify emergency responders when there is a need for a response. Coordination with local responders also entails the following:
  • 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.
Elements of an Emergency Respone Program
If employees will respond to releases of regulated substances an emergency response program must be developed and shall consist of the following elements:
  • 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.
Finally, businesses are responsible for ensuring that any release from a process can be handled effectively.  If business plans to rely on local responders for some or all of the response, it must determine that those responders have both the equipment and training needed to do so.  If they do not, business must take steps to meet any needs, either by developing its own response capabilities, developing mutual aid agreements with other facilities, hiring response contractors, or providing support to local responders so they can acquire equipment or training.
 
 
 

FACT SHEET - FS004 - PUBLIC REVIEW PROCESS AND PUBLIC ACCESS TO INFORMATION

 
Public Review Process
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.
 
Deficiency Notice: the UPA shall review the RMP to determine if all the elements pursuant to Sections 2745.3 through 2745.9 are contained in the document and provide a written notice to the owner or operator of a business of any deficiencies.
 
(A) The owner or operator of the business shall have 60 calendar days from receipt of the notification of RMP deficiencies to make any corrections. An owner or operator of the business may request, in writing, a one-time 30 calendar day extension to correct deficiencies. At the end of the 60 calendar days, and any extension period if applicable, the business shall resubmit the corrected, revised RMP to the UPA.
(B) If no deficiencies are identified, the UPA shall accept the RMP as complete and submit the RMP for formal public review.
 
Formal public review. Within 15 calendar days after the UPA determines that the RMP is complete, the UPA shall make the RMP available to the public for review and comment by publishing a notice in a local newspaper of general circulation. The notice shall describe the RMP and state a location where it may be reviewed. The UPA shall directly notify individuals and organizations who have specifically requested to be notified. The public shall have 45 calendar days to comment following the publication date of the notice. The UPA shall review all public comments.
 
Evaluation review. The evaluation review shall be conducted by the UPA at the end of the formal public review period. The UPA shall take the public comments into consideration during the evaluation review. The UPA shall consider standard application of engineering and scientific principles, site specific characteristics, technical accuracy, severity of offsite consequences, and other information in the possession of or reviewed by the UPA.
 
The evaluation review may include inspections and onsite document review of records and data which may not be in the possession of the UPA.
 
Public Access to Information
The public shall have access to the RMP, including any electronic data developed as part of the USEPA reporting requirements. Classified information need not be included.  Trade secrets are protected pursuant to Section 25538 of the Health & Safety Code (H&SC).
 
 
 

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.

 

EXTERNAL USEFUL LINKS

 
 
 

CONTACT INFORMATION

 

Call (213) 978-3686
Email: LAFD.CalARP@lacity.org