CalARP vs. Federal RMP vs. Cal/OSHA PSM: How the Programs Fit Together
Three programs regulate accidental release prevention and process safety at California facilities that store or use large quantities of hazardous chemicals: CalARP, the federal Risk Management Program (RMP), and Cal/OSHA’s Process Safety Management (PSM) standard.
Three programs regulate accidental release prevention and process safety at California facilities that store or use large quantities of hazardous chemicals: CalARP, the federal Risk Management Program (RMP), and Cal/OSHA’s Process Safety Management (PSM) standard. They overlap. They borrow language from each other. They’re enforced by different agencies. Clients regularly ask us some version of “is RMP the same thing as CalARP?” or “do we have to do PSM too?” The short answer is that these are three separate compliance obligations that frequently apply to the same facility at the same time.
For a complete overview of California’s accidental-release-prevention requirements and how CDMS approaches plan development, see our CalARP and Risk Management Plan compliance in California guide. This page goes deeper on how the three programs differ, where they overlap, and which agency enforces which piece.
The Three Programs at a Glance
| CalARP | Federal RMP | Cal/OSHA PSM | |
|---|---|---|---|
| Full name | California Accidental Release Prevention Program | Risk Management Program (Clean Air Act §112(r)) | Process Safety Management of Highly Hazardous Chemicals |
| Primary regulation | Cal. Health & Safety Code §§25531–25543.3; Title 19 CCR Division 2, Chapter 4.5 (regulated substances and thresholds at §5130.6, formerly §2770.5) | 40 CFR Part 68 (including the 2024 EPA RMP amendments; check current EPA reconsideration status) | Cal/OSHA Title 8 CCR §5189 (mirrors federal 29 CFR 1910.119) |
| Purpose | Prevent and respond to accidental releases that could harm the public, environment, and workers offsite | Same purpose at the federal level; submitted to EPA | Prevent catastrophic releases that harm workers onsite |
| Who is covered | Facilities exceeding threshold quantities for any substance on the three tables under Title 19 CCR §5130.6 (Table 1 federal toxics, Table 2 federal flammables, Table 3 California state-regulated substances) | Facilities exceeding federal threshold quantities for substances on the two federal lists (Table 1 and Table 2) | Employers operating a “covered process” with a listed highly hazardous chemical above its threshold, or any process involving more than 10,000 lb of a flammable |
| Who enforces it | Your local CUPA (Certified Unified Program Agency, which may be a fire department hazmat program, county environmental health, or air district, depending on the jurisdiction); CalEPA oversees the program | EPA Region 9, in coordination with state implementation | Cal/OSHA, Division of Occupational Safety and Health (DOSH) |
| What gets submitted | A full CalARP plan to the local administering agency; federal RMP submitted to EPA in parallel | Federal RMP*Submit data via EPA’s online portal (RMP*eSubmit) | Nothing is “filed.” Documentation must be maintained onsite and produced on inspection |
| Renewal | Plan reviewed and resubmitted every 5 years (or upon major changes) | RMP resubmitted every 5 years (or upon major changes) | Standing program; PHAs revalidated every 5 years; documents kept current |
The three programs are written to overlap deliberately. California adopted the federal RMP rule by reference and then added state-specific substances, thresholds, and elements on top. Cal/OSHA PSM was adopted from the federal OSHA PSM standard. A facility that lands in Program 3 under CalARP usually triggers Cal/OSHA PSM at the same time, because Title 8 §5189 coverage is one of the conditions that puts a CalARP covered process into Program 3 in the first place.
CalARP: The California Layer
CalARP is the program most California facilities encounter first because the local administering agency is the one that comes to the door. Depending on the jurisdiction, that agency may be a CUPA, a fire department hazardous materials program, a county environmental health or hazmat division, or an air district. The local air district often serves as the administering agency that reviews CalARP plans; in some counties, the CUPA and the administering agency are the same office.
CalARP triggers on threshold quantities of regulated substances stored or used in any single process. The three tables under Title 19 CCR §5130.6 (formerly §2770.5) include Table 3 California state-regulated substances that are not on the federal lists, and several California thresholds are lower than their federal counterparts. Some substances count “only under certain conditions,” nitric acid and sulfuric acid being two common examples where concentration and use determine whether the threshold applies. This is one of the most common reasons facilities believe they’re not covered when they actually are. Our applicability determinations always check against the California lists, not just the federal ones. For the detailed coverage question, see Does Your Facility Need a CalARP Plan? Regulated Substances and Threshold Quantities.
A CalARP plan also classifies the covered process into Program 1, 2, or 3. The program level decides how much of the plan you actually have to write. For the difference between the levels and how the determination gets made, see CalARP Program Levels 1, 2, and 3 Explained.
Federal RMP: The EPA Layer
Federal RMP is the Clean Air Act §112(r) program codified in 40 CFR Part 68. The substantive requirements look very similar to CalARP because California modeled CalARP on the federal rule. The practical differences:
- The chemical list is shorter. Federal RMP covers two lists: Table 1 (regulated toxic substances) and Table 2 (regulated flammable substances). California adds Table 3 (state-regulated substances) and modifies some thresholds. A facility can be below the federal threshold for a substance and still trigger CalARP. If a facility triggers CalARP only through a Table 3 substance or a California-specific lower threshold, it may not have a corresponding federal RMP obligation for that substance.
- The submission goes to EPA. Federal RMP data is filed through RMP*eSubmit, EPA’s online portal. CalARP plans are submitted in hard copy or local-portal format to the administering agency. In California, the two filings are typically done in parallel using overlapping content.
- The enforcement agency is different. EPA Region 9 handles federal RMP. The local CUPA and administering agency handle CalARP. A federal RMP-only facility (rare in California) deals with EPA. A CalARP facility deals with both, but the local agency tends to drive the timeline.
When we walk a facility for the first time, the question we work through is which lists the chemicals appear on and at what thresholds. The answer determines whether we’re preparing a CalARP plan (almost always, in California), a federal RMP submittal, or both in coordinated form.
Cal/OSHA PSM: The Worker-Safety Layer
Cal/OSHA’s Process Safety Management standard lives in California Code of Regulations Title 8, Section 5189. It mirrors federal OSHA’s PSM standard at 29 CFR 1910.119, with California-specific enforcement. PSM is a workplace-safety regulation, not an environmental one. Its purpose is protecting workers onsite from catastrophic releases. CalARP and federal RMP, in contrast, are aimed at offsite consequences, the public, the environment, and the area around the facility.
PSM applies when a facility operates a “covered process” involving a listed highly hazardous chemical above its threshold quantity, or any process involving more than 10,000 pounds of a flammable liquid or gas. The covered-process elements are the familiar fourteen: process safety information, process hazard analysis, operating procedures, training, contractors, pre-startup safety review, mechanical integrity, hot work, management of change, incident investigation, emergency planning and response, compliance audits, employee participation, and trade secrets.
The overlap with CalARP Program 3 is direct. CalARP Program 3 was designed to track Cal/OSHA PSM coverage. If your covered process is subject to §5189, it’s almost certainly Program 3 under CalARP. The prevention-program elements in a Program 3 CalARP plan and the fourteen PSM elements describe largely the same documentation. In practice, our Program 3 plans are written so a single set of underlying documents (PHA, MOC, operating procedures, training records, mechanical integrity records) serves both Cal/OSHA inspections and CalARP plan submittals.
What does not overlap: Cal/OSHA inspects the program in place at the facility. CalARP and federal RMP require a submitted plan that describes the program. A facility can be in compliance with one and out of compliance with the other if the documentation drifts away from the actual operation. The most common gap we find on first-time engagements is a written plan that describes a program the facility no longer runs the way the plan says.
How the Programs Layer in Practice
In our experience, a California facility with a covered process usually lands in one of three patterns:
CalARP Program 1 or 2 only.
Small inventories, no PSM trigger, no Program 3 NAICS (North American Industry Classification System) code. The facility files a CalARP plan with the local agency, which also satisfies the federal RMP filing through coordinated submission. Cal/OSHA PSM does not apply because the process doesn’t meet the §5189 thresholds.
CalARP Program 3 plus Cal/OSHA PSM.
Ammonia refrigeration above the PSM threshold, listed NAICS chemical manufacturing, and similar operations. The facility files a CalARP plan with the administering agency, files federal RMP data with EPA, and maintains a PSM program documented onsite for Cal/OSHA review. The underlying documentation is unified.
Cal/OSHA PSM only.
Possible but uncommon in California: a flammable-liquid process above 10,000 pounds where the substance isn’t on the CalARP or federal RMP lists. The facility maintains a PSM program for Cal/OSHA but doesn’t submit a CalARP plan.
The pattern matters because the agencies don’t coordinate the way the regulations do. A CUPA inspection focuses on the CalARP submittal. A Cal/OSHA inspection focuses on the PSM program in place. EPA enforcement of federal RMP is rare in California but possible, especially after a release. A facility that has done the work once, properly, can satisfy all three.
Closing
CalARP, federal RMP, and Cal/OSHA PSM are three separate compliance obligations that, for most California facilities with a covered process, are met by one coordinated body of work. The difference between getting that work done well and getting it done badly shows up at the next CUPA review, the next Cal/OSHA inspection, or the next release. CDMS prepares CalARP plans, coordinates federal RMP submissions, and builds the underlying PSM-grade documentation that supports both.
Trusted throughout California
BSY started working with CDMS last year after our in-house EHS person departed the company. CDMS reviewed our existing operational permits as well as any additional Federal, State and Local regulations that could apply and helped us to create a comprehensive compliance calendar to track regulatory deadlines and submittal due dates. The CDMS team does an excellent job of tracking everything and can be relied upon to complete the forms accurately and assist with submittals, allowing me to focus on our business.
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