Section 25533 Of Article 2. Hazardous Materials Management From California Health And Safety Code >> Division 20. >> Chapter 6.95. >> Article 2.
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.