25534.
(a) For any stationary source with one or more covered processes, the unified program agency may make a determination as to whether there is a significant likelihood that the use of regulated substances by a stationary source may pose a regulated substances accident risk.
(b) (1) (A) If the unified program agency determines that there is a significant likelihood of a regulated substances accident risk pursuant to this subdivision, it may reclassify the covered process from program 2 to program 3, as specified in Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations.
(B) If the unified program agency
reclassifies a covered process to a higher program level, the stationary source shall comply with all of the requirements applicable to the higher program level within 12 months of being notified by the unified program agency of the reclassification.
(2) If the unified program agency determines that there is not a significant likelihood of a regulated substances accident risk pursuant to this subdivision, it may do either of the following:
(A) (i) Exempt the stationary source from this article.
(ii) The unified program agency may revoke the exemption provided pursuant to this subparagraph at any time if the unified program agency determines there is a likelihood of a regulated substances accident risk.
(iii) If the unified program
agency revokes the exemption provided pursuant to this subparagraph, the stationary source shall comply with all applicable requirements of this article and Chapter 4.5 (commencing with Section 2735.1) of Division 2 of Title 19 of the California Code of Regulations within 12 months.
(B) Reclassify a covered process from program 3 to program 2 or from program 2 to program 1, as specified in Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations, unless the classification of the covered process is specified in those regulations.
(3) If the unified program agency determines that a pesticide, as defined in Section 12753 of the Food and Agricultural Code, used on a farm or nursery may pose a regulated substances accident risk pursuant to this article, the unified program agency shall first consult with the Department of Food
and Agriculture or the county agricultural commissioner to evaluate the reasonable likelihood that the use of the pesticide by a farm or nursery may pose a regulated substances accident risk. This paragraph does not limit the authority of a unified program agency to conduct its duties under this article, or prohibit the exercise of that authority.
(c) The requirements of this section apply to a stationary source that is not otherwise required to submit an RMP pursuant to Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations.
(Amended by Stats. 2023, Ch. 207, Sec. 13. (AB 1716) Effective January 1, 2024.)