In July 2019, Governor Newsom signed AB 1429, which goes into effect January 1, 2020. AB 1429 changes the required reporting frequency for hazardous materials handlers not required to submit Tier II information pursuant to the federal Emergency Planning and Community Right to Know Act (EPCRA) and not subject to the requirements of the Aboveground Petroleum Storage Act (APSA). In brief, starting January 1, 2020, handlers not subject to EPCRA and APSA requirements must still provide annual certification, but may submit their business plan every three years rather than annually. Handlers subject to EPCRA or APSA requirements must submit their business plan annually.The specifics of the business plan submittal requirements effective January 1, 2020 are set forth in the below document:
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:
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:
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:
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.
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.
Fred Mehr, Environmental Scientist
Phone: (916) 845-8754
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
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