(OES) Business Plan Program Evaluation Checklist
Other
1. Program Implementation
Have all handlers established and implemented a business plan that contains their hazardous materials inventory, emergency response plan and procedures, and training program information as required by T19 sections 2729 and 2729.1?
Details:
Line 2089 HSC 25501(g)(3)
2. Hazardous Material Inventory Statements (forms)
Do you use the state forms - OES form 2730/2731?
Details:
HSC 25503.3
3. Hazardous Material Inventory Statements (forms)
Have you designated a different form? a) Does the designated form contain all information required on the OES forms? b) Was the form developed in consultation with other agencies within the jurisdiction that are responsible for fire protection, emergency response, and environmental health? c) If you have designated a different form, do you except the state form?
Details:
HSC 2503.3(b)(1) Line 2115 HSC 2503.3(b)(1) Line 2118 HSC25503.3(b)(1) Line 2116 HSC 25503.3(b)(2)
4. Emergency Plans/Procedures and Training Programs
Do the emergency response plans/procedures contain, at a minimum, the following elements necessary to respond to a release or threatened release of hazardous materials: a) Immediate notification of: i) Local emergency response personnel (i.e. 911); ii) The AA or CUPA and State OES; iii) Persons within the facility who are necessary to respond to an incident; b) Identification of local emergency medical assistance appropriate for potential accident scenarios; c) Mitigition, prevention, or abatement of hazards to persons, property, or the environment; d) Immediate notification and evacuation of the facility; and e) Identification of areas of the facility and mechanical or other systems that require immediate inspection or isolation because of their vulnerability to earthquake related ground motion.
Details:
Line 2120.1 T19, 2731 Line 2120.2 Line 2120.3 Line 2120.4 Line 2120.5 Line 2120.6
5. Emergency Plans/Procedures and Training Programs
How do you ensure the businessesÕ emergency response plan/procedures are scaled appropriately for the size and nature of the business, the nature of the damage potential of the hazardous materials handled, and the proximity of the business to residential areas or other populations?
Details:
T19, 2731
6. Emergency Plans/Procedures and Training Programs
Do the training programs contain, at a minimum, all of the following: a. methods for safe handling of hazardous materials; b. procedures for coordination with emergency response organizations; c. use of emergency response equipment and supplies under the control of the handler; d. all emergency response plans and procedures for response to a release or threatened release of hazardous materials; and e. provisions for ensuring that appropriate personnel receive initial and refresher training.
Details:
Line 2120.7 T19, 2732 Line 2120.8
7. Emergency Plans/Procedures and Training Programs
How do you ensure the training programs are reasonable and appropriate for the size of the business and nature of the hazardous materials handled?
Details:
Line 2120.7 T19, 2732(a)
8. Business Plan Review and Updates
Have you reviewed all business plans to determine if they are complete and accurate?
Details:
Line 2075 HSC 25505(a)(2)
9. Business Plan Review and Updates
If there are deficiencies in the business plan, do you require the handler to submit corrections within 30 days?
Details:
Line 2075 HSC 25505(a)(2)
10. Business Plan Review and Updates
How do you ensure that each business annually submits itÕs hazardous materials inventory or a certification statement on or before March 1 to the CUPA or AA and local fire agency as required by Title 19, Section 2729.4 and 2729.5?
Details:
Line 2089 HSC 25501(g)(3)
11. Business Plan Review and Updates
Are businesses certifying to you at lease once every three years that they have reviewed their business plan and necessary changes were made to the plan? a) Are businesses submitting a copy of those changes to you as part of their certification?
Details:
Line 2113.6 HSC 25505(c)
12. Certification Statements
Are businesses using a certification statement to report no changes in their annual inventories? If yes: a) Do these businesses have current inventory statements on file with your agency? b) Do the statements require the business owner or officially designated representative to sign and attest to the following information: 1. The most recently inventory statement is complete, accurate, and up to date. 2. There has been no change in the quantity of hazardous material as reported last year. 3. No hazardous materials subject to the inventory requirement are being handled that are not listed on the inventory statement on file. Note: Business that use the business plan to satisfy EPCRA reporting requirements may not use a certification statement Ð it is not recognized under federal law. These businesses must annually resubmit their inventory.
Details:
Line 2113.9 HSC 25503.3(c) Line 2113.9 HSC 2503.3(c)(1) Line 2113.9 HSC 25503.3(c)(2) and 25501(f) and T19, 2729.5(a)(2)
13. Inspections
Do you inspect all regulated businesses in your jurisdiction at least every 3 years? a) Do you document inspections or have other evidence inspections are conducted?
Details:
Line 2087 HSC 25508(b)
14. Inspections
Have you developed an inspection plan? a) Do you identify safety hazards that could cause or contribute to a release during the inspections? b) As appropriate, do you enforce applicable laws and suggest preventive measures to minimize the risk of a release?
Details:
Line 2086 HSC 25503(e)(1)
15. Inspections
Have you designated the county agricultural commissioner to conduct inspections of agricultural handlers?
Details:
Line 2088 HSC 25508(b)
16. Inspections
Describe how you ensure compliance with the program through the inspection? Example methods: a) Are all hazardous materials over the threshold quantity reported? b) Are the minimum/maximum average daily amounts accuratelyr eported? c) Are Extremely Hazardous Substances being reported? d) Is the emergency plan and procedures scaled appropriate for the business? e) Is the emergency plan and procedures current? f) Is the training program scaled appropriate for the business? g) Have the handlerÕs employees trained? h) Are the training records being maintained?
Details:
Line 2086 HSC 25508(b)
17. Enforcement
Are the inventories current for all businesses? a) How do you ensure and enforce businessÕs annual submission of the inventory statements?
Details:
Line 2113.1 HSC 25503.5 Line 2089 HSC 25501(g)(3)
18. Enforcement
How do you ensure and enforce the requirement for businesses to submit an amendment to the inventory statement within 30 days of any of the following events: a) 100% or more increase in previously disclosed material. b) handling of previously undisclosed hazardous materials meeting inventory requirements. c) change of business address. d) change of business ownership. e) change of business name. f) a substantial change in operations.
Details:
Line 2113.10 HSC 25510 and 25505(b)
19. Enforcement
If handler fails to submit corrections to the business plan upon reasonable notice, what enforcement actions do you take?
Details:
Line 2076 HSC 25505(a)(3)
20. Enforcement
How do you ensure and enforce certification requirements of businessÕ to review and submit changes to business plans?
Details:
Line 2089 HSC 25501(g)(3)
21. Enforcement
How do you enforce violations identified during compliance inspections?
Details:
Line 2089 HSC 25501(g)(3)
22. Records
Are you maintaining records of all business plans received?
Details:
Line 2077 HSC 25506(a)
23. Records
Are your records indexed by street address and company name, or can they be queried from your database by street address and name?
Details:
Line 2077 HSC 25506(a)
24. Public Inspections, Confidential Information, and Trade Secrets
Are these business plan records available for public inspection?
Details:
Line 2078 HSC 25506(a)
25. Public Inspections, Confidential Information, and Trade Secrets
How do you ensure the precise chemical locations and site maps is not released to the public?
Details:
Line 2078 HSC 25506(a)
26. Public Inspections, Confidential Information, and Trade Secrets
Do you have a process or procedure to disclosed confidential information to: a) government employees in connection with their official duties? b) physicians who certified in writing that information is necessary patient treatment?
Details:
Line 2085 HSC 25511(d)
27. Public Inspections, Confidential Information, and Trade Secrets
Regardless of a businessÕ claim of trade secret information, are they submitting the information to you?
Details:
Line 2080.1 HSC 25511
28. Public Inspections, Confidential Information, and Trade Secrets
Describe how you protect, or would protect, trade secret information?
Details:
Line 2081 HSC 25511(b)
29. Public Inspections, Confidential Information, and Trade Secrets
Have any handlers in your jurisdiction notified you in writing that trade secret information is being disclosed as part of the inventory?
Details:
Line 000 HSC 25511(a)
30. Public Inspections, Confidential Information, and Trade Secrets
Have you received public requested to inspect records that contain trade secrets? If requested: a) Did you notify the handler of the request in writing by certified mail with return receipt requested? b) Did you wait 30 days to allow the handler to file for a declaratory judgment or injunction restricting the release of the information? c) If, after 30 days, no declaratory judgment or injunction was filed did you release the requested information to the public?
Details:
Line 2082 HSC 25511(c) Line 2082 Line 2083 Line 2083
31. Information Sharing
Are you forwarding data collected with other local agencies responsible for protection of public health and safety and the environment? a) Did you send the data within 15 days of receipt and confirmation? b) Was the data in a format easily interpreted by those agencies?
Details:
Line 2124 HSC 25509.2(a)(3)
32. Information Sharing
How are you providing all information obtained from the inventory forms, upon request, to emergency rescue personnel on a 24-hour basis?
Details:
Line 2073 HSC 25503.5(d)
33. Data Management System
Do you have a data management system in operation?
Details:
Line 2053 HSC 25503(e)(2)
34. Exemptions
Have you exempted any hazardous substance handled by all business within your jurisdiction from the inventory provisions? If yes: a) Did you notice and hold a public hearing? b) Have you specified in writing the basis for granting exemption? c) Did you send OES a notice within 5 days from the effective date of the exemption?
Details:
Line 2054 HSC 25503.5(c)(2) Line 2054 Line 2055 Line 2056
35. Exemptions
Have you exempted any handler from any portion of the business plan? a) If yes, did you specify in writing the basis for the exemption? b) Have you adopted any procedures to provide for public input when approving any application for this exemption?
Details:
Line 2057 HSC 25503.5(c)(3) Line 2058 Line 2074 HSC 25503.5(e)
36. Exemptions
Have you exempted any hazardous material handled by a particular business from the inventory provisions? a) If yes, did you specify in writing the basis for the exemption? b) Have you adopted any procedures to provide for public input when approving any application for this exemption?
Details:
Line 2059 HSC 25503.5(c)(4) Line 2060 Line 2074 HSC 25503.5(e)
37. Exemptions
Have you exempted businesses operating a farm from submitting their emergency response plan/procedures? If yes: a) Did the business operating the farm provide the agricultural commissioner the inventory information before January 1 of each year? b) Does the agricultural commission forward the inventory information to you within 30 days of receipt of the inventory? c) Does the business operating the farm post signs for each building which hazardous materials, above threshold quantity are stored? d) Does the business operating the farm provide a training program?
Details:
Line 2061 HSC 25503.5(c)(5) Line 2062 HSC 25503.5(c)(5)(A) Line 2064 HSC 25503.5(c)(5)(C) Line 2063 HSC 25503.5(c)(5)(B) Line 2064.1 HSC 25504(e)
38. Exemptions
Have you exempted any unstaffed remote facilities? If yes: a) Are the types and quantities of materials onsite limited to one or more of the following: 1. 500 standard cubic feet of compressed inert gas (asphyxiation and pressure hazard only)? 2. 500 gallons of combustible liquid used as a fuel source? 3. 200 gallons of corrosive liquids used as electrolytes in closed containers? 4. 500 gallons of lubricating and hydraulic fluids? 5. 1200 gallons of flammable gas used as a fuel source? b) Are the facilities secured and not accessible to the public? c) Are warning signs posted and maintained for hazardous materials pursuant to the California Fire Code? d) Was a one time notification and inventory provided to you by the facility? e) If the information in the notification or inventory change for more than 30 days, does the facility resubmit the information within 30 days? f) Are you forwarding a copy of the notification and inventory with those agencies that share responsibility for emergency response?
Details:
Line 2065 HSC 25503.5(c)(6) Line 2066 HSC 25503.5(c)(6)(A) Line 2067 HSC 25503.5(c)(6)(B) Line 2068 HSC 25503.5(c)(6)(C) Line 2069 HSC 25503.5(c)(6)(D) Line 2070 HSC 25503.5(c)(6)(E) Line 2071 HSC 25503.5(c)(6)(F)
39. Review of Records
The evaluation may include a review up to 5% of business plan records to determining the following: a) Complete and current inventory statements or certification statements are on file and have been submitted annually. b) Emergency plan/procedures and training program that contains all required information are on file. c) Evidence of inspections within the last three years (documentation). d) Evidence of enforcement actions taken. e) Other pertinent information to verify compliance.