All sections within California Code of Regulations (CCR), Title 19, Division 2, Chapter 4, Hazardous Material Release Reporting, Inventory, and Response Plans have been renumbered. This change was necessary because Senate Bill 84 (2015) added Article 3.9 (commencing with Section 8574.30) to Government Code Title 2, Division 1, Chapter 7, Regional Railroad Accident Preparedness and Immediate Response. Cal OES is required to implement regulations under Article 3.9. Those new regulations will be added to CCR, Title 19, Division 2 as Chapter 4.1, immediately following the renumbered Chapter 4. The Chapter 4 section renumbering does not materially alter any requirement, right, responsibility, condition, prescription, or other regulatory element of any California Code of Regulations provision. For more information regarding the renumbering, please refer to the following document:
The Area Plan program was established in 1986 as a planning tool for local government agencies to respond to and minimize the impacts from a release or threatened release of a hazardous material. It requires local implementing agencies called Unified Program Agencies (UPA), to create an Area Plan that:
UPAs use information collected from the Hazardous Materials Business Plan (HMBP) and
California Accidental Release Prevention (CalARP) programs to identify hazardous materials in their communities. This information provides the basis for the Area Plan and is used to determine the appropriate level of emergency planning necessary to respond to a release. The Area Plans must include provisions for multi-agency notification, coordination, and emergency response. These agencies may include law enforcement, fire services, medical and public health services, poison control centers, and care and shelter services.
Jack Harrah, Senior Emergency Services Coordinator
Phone: (916) 845-8759 / FAX: (916) 845-8396
Senate Bill 391 (2004) mandated that certain response protocols to “pesticide drift” incidents be incorporated into each Unified Program Agency’s (UPA) area plan. These protocols help the first responder to a pesticide drift incident better identify the chemical of concern and respond to the health and safety needs of the affected population. SB 391 also establishes a mechanism for fee reimbursement to help with the cost of responding to pesticide drift incidents, and requires medical treatment of the exposed population, if requested. SB 391, in addition to other penalties, makes any person found to have violated provisions relating to pesticide drift incidents, liable for certain costs related to any and all resulting illness or injury.
The updated area plan regulations that include the pesticide drift protocols became effective in May 2008. These regulations are found in the California Code of Regulations, Title 19, Division 2, Chapter 4, Article 1 and 3.
SB 391 requires these protocols to be included, where applicable, in the next scheduled review and update of the area plan, which is every three years (Health & Safety Code (H&SC) § 25503(d)(2)).This means that if a UPA updated their Area Plan prior to the pesticide drift regulations becoming effective, then the UPA will not have to incorporate the pesticide drift requirements until three years from the day they last updated their area plan.
Jack Harrah, Senior Environmental Services Coordinator
Phone: (916) 845-8759
Listed below are the State and Federal Laws and Regulations that affect Area Plans:
State Statute: Health and Safety Code Sections 25500 - 25519
State Regulation: Title 19 California Code of Regulations, Division 2, Chapter 4, Article 3
Related Federal Statute: 42 U.S.C. 11003