(a) The program for prevention of accidental releases of regulated substances adopted by the United States Environmental Protection Agency pursuant to subsection (r) of Section 112 of the federal Clean Air Act (42 U.S.C. Sec. 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 agency and the unified program agency. The state’s implementation of the federal program adopted by the United States 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 agency to the United States 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 United States Environmental Protection Agency.
(b) The agency and the unified program agency shall, to the maximum extent feasible, coordinate implementation of the accidental release prevention program with the United States Chemical Safety and Hazard Investigation Board, the state 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 Subchapter V of the federal Clean Air Act (42 U.S.C. Sec. 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 federal Clean Air Act (42 U.S.C. Sec. 7412(r)).
(d) The unified program agency in each jurisdiction is the agency designated to implement and enforce any requirements specified by the United States 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 Subchapter V of the federal Clean Air Act (42 U.S.C. Sec. 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 agency determines that a unified program agency is not taking reasonable actions to enforce the statutory provisions and regulations pertaining to accidental releases of regulated substances, the agency may exercise any of the powers of that unified program agency as necessary to implement this article.
(Amended by Stats. 2021, Ch. 115, Sec. 37. (AB 148) Effective July 22, 2021.)