HazMat Business Plan

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Hazardous Materials Section News / Updates

05/11/2016

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:

 

Introduction

The Hazardous Materials Business Plan (HMBP) program was established in 1986. Its purpose is to prevent or minimize the damage to public health and safety and the environment, from a release or threatened release of hazardous materials. It also satisfies community right-to-know laws. This is accomplished by requiring businesses that handle hazardous materials in quantities equal to or greater than 55 gallons of a liquid, 500 pounds of a solid, or 200 cubic feet of compressed gas, or extremely hazardous substances above the threshold planning quantity (40 CFR, Part 355, Appendix A) to:

  • Inventory their hazardous materials
  • Develop a site map
  • Develop an emergency plan
  • Implement a training program for employees

Businesses must submit this information electronically to the statewide information management system (California Environmental Reporting System, or CERS). For help in doing this, businesses should contact their local implementing agency (Certified Unified Program Agency or CUPA). Once the submittal has been made, the CUPA will verify the information and provide it to agencies responsible for the protection of public health and safety and the environment. These agencies include:

  • Fire Departments
  • Hazardous Materials Response Teams
  • Local Environmental Regulatory Groups (i.e. Tahoe Regional Planning Agency)

The Public also has a right to review most of this information. However, the release of confidential and trade secret information to the public is regulated by state and federal law. This satisfies community right-to-know laws and facilities local land use decisions. For public requests of information contact the CUPAs directly.

SDS/Tier II

The federal equivalent to the Business Plan program is the Emergency Planning and Community Right-to-Know Act (EPCRA) 311/312 reporting requirements. Owners and operators are required to prepare and have available Safety Data Sheets (SDS) under the Federal Occupational Safety and Health Administration (OSHA) Hazard Communication Standard and must submit an inventory of their hazardous chemicals to the State Emergency Response Commission (SERC), Local Emergency Preparedness Committee (LEPC), and the local fire department annually on March 1st. This requirement is achieved through compliance with the Business Plan program. Contact your local CUPA for complaince and questions.

Contact Information

Fred Mehr, Environmental Scientist

Hazardous Materials

Phone: (916) 845-8754

fred.mehr@caloes.ca.gov

​HazMat Business Plan Documents

 

 

HazMat Business Plan FAQhttp://www.caloes.ca.gov/FireRescueSite/Documents/HMBP FAQ - Feb2014.pdfHazMat Business Plan FAQCal OES Hazardous Materials Business Plan (HMBP) Frequently Asked Questions (FAQ) - February 2014HazMat - HMBP4/13/2015 2:59:24 PM
HazMat Business Plan Mixtures FAQhttp://www.caloes.ca.gov/FireRescueSite/Documents/HMBP Mixtures FAQ - Jan2014.pdfHazMat Business Plan Mixtures FAQCal OES Hazardous Materials Business Plan Mixtures Frequently Asked Questions (FAQ) - January 2014HazMat - HMBP4/13/2015 3:00:39 PM
U.S. EPA EPCRA Letterhttp://www.caloes.ca.gov/FireRescueSite/Documents/US EPA EPCRA Letter.pdfU.S. EPA EPCRA LetterU.S. EPA letter to OES stating HazMat Inv Forms #2730 & #2731 satisfy federal reporting requirements under Section 312 EPCRA - July 2001HazMat - HMBP4/13/2015 3:03:34 PM

​Laws and Regulations

Listed below are State and Federal Laws and Regulations that affect the HazMat Business Plan program:

State Statute: Health and Safety Code Sections 25500-25519

Regulation: Title 19, California, Code of Regulations, Division 2, Chapter 4, Article 4

Federal Statute: United States Code, Title 42, Section 11021-11022

Federal Regulation: Title 40 of the Code of Federal Regulations, Part 370

​Links

Listed below are useful links related to the HMBP program. Some of these links may point to an external website. Cal OES is not responsible for content found on these sites.

CalEPA California Environmental Reporting System (CERS)

U.S. Dept. of Homeland Security Chemical Facility Anti-Terrorism Standards (CFATS)

CalEPA Unified Program Agencies (UPA) Directory

U.S. EPA Emergency Planning and Community Right-to-Know Act (EPCRA)

CalEPA Unified Program

 

 

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