Section 25543.1 Of Article 2. Hazardous Materials Management From California Health And Safety Code >> Division 20. >> Chapter 6.95. >> Article 2.
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.