california hazardous materials business plan requirements

Hazardous Materials Business Plan

CalEPA oversees the statewide implementation of the Hazardous Materials Business Plan (HMBP) program, which aims to prevent or minimize harm to public health and safety and the environment from a release or threatened release of a hazardous material.

Key Information

Hazardous materials business plan program overview.

The Hazardous Materials Business Plan (HMBP) aims to prevent or minimize harm to public health and safety and the environment from a release or threatened release of a hazardous material. This is accomplished by providing emergency responders with the necessary information to effectively protect the public.

The California Environmental Protection Agency (CalEPA) oversees the implementation of the HMBP program at the state level. Certified Unified Program Agencies (CUPAs), and Participating Agencies (PAs), implement the program at the local level and are responsible for enforcement and administration in their respective jurisdictions.

What is a Hazardous Materials Business Plan?

A HMBP contains detailed information that includes the following:

For more information, see the HMBP Resources page .

HMBP Annual Certification

As of September 18, 2020, business owners/operators may easily certify HMBP information in the California Environmental Reporting System (CERS) as complete, accurate and, if applicable, meeting EPCRA reporting requirements.

For further information and guidance, please reference:

Legal Authority

California State Law: California Health and Safety Code, Division 20, Chapter 6.95, Article 1, Sections 25500 to 25519

California State Regulations: California Code of Regulations, Title 19, Division 2, Chapter 4, Article 4, Sections 2650 to 2660

If you have any questions regarding the HMBP program, please contact the program at [email protected] .

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Hazardous Materials Business Plan (HMBP)

Hazard Placards

California Health & Safety Code , Division 20, Chapter 6.95

Effective January 1, 2013 all unified program facilities are required to electronically submit their facility information through the California Environmental Reporting System (CERS) . This includes information related to your:

IMPORTANT. Please Read: Changes in the law might affect your facility and hazardous materials reporting. Click this link for more information.

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Hazardous Materials Business Plan (HMBP) Program

Program updates (What’s New)

New HMBP Permit Condition - Starting July 1, 2020, Alameda County Department of Environmental Health (ACDEH) permits for facilities in the Hazardous Materials Business Plan (HMBP) program will require submittal of a complete HMBP every year to the California Environmental Reporting System (CERS). Permit Requirement to Annually Submit HMBP in CERS

Facilities required to be regulated under HMBP

Get started with your hmbp, general requirements for facilities in hmbp.

Laws and Regulations

Links/References

Frequently Asked Questions (FAQs)

How do i obtain a permit, what is cers.

In 2008, the State of California enacted Assembly Bill (AB) 2286. This legislation requires the State's Secretary for Environmental Protection to establish an electronic information management system known as the California Environmental Reporting System (CERS). Beginning January 1, 2013, all regulated facilities must report their CUPA program data electronically to CERS. CERS benefits regulated facilities by simplifying the document submittal process, including new information submittals and updating existing information to the CUPA. CERS will allow response agencies quick access to current data during emergency response activities. More information on CERS and electronic reporting can be found at http://www.calepa.ca.gov/CUPA/EReporting . ACDEH may provide training and assistance to businesses in entering their facility information into CERS. Please continue to visit our website for information on future training opportunities.

Am I required to submit my HMBP electronically?

How do i submit my hmbp electronically.

Please complete an ELECTRONIC REPORTING LEAD USER AUTHORIZATION FORM to ensure that only individuals designated by the facility owner/operator are authorized by the CUPA to create, edit, and submit electronic data on the owner's behalf to CERS. Submit the completed form to [email protected] . You will need to create a username and password and request access to the address of your facility.

When must I submit or update my HMBP?

When am I required to complete a spill or release notification?

Am i required to notify the cupa that my facility is closing.

Please notify the CUPA 30 days before your facility is closed by completing and submitting the closure notification on your permit to the CUPA at [email protected] . Log in to CERS and update the Business Activities page by marking “NO” on all of the questions to report that all the chemicals were properly removed from your facility. Under Additional Comments at the bottom of that page, please enter the date of facility closure. Please contact the CUPA for assistance. An inspector will visit your facility to help you satisfy the closure requirements of the CUPA.

Alameda County Website

Hazardous Materials Business Plan/California Environmental Reporting System (CERS)

HAZARDOUS MATERIALS BUSINESS PLAN

A Hazardous Material Business Plan (HMBP) is an electronic compilation of detailed information on the:

The intent of the HMBP is to provide basic information necessary for use by first responders in order to protect public health, safety, and the environment from a release or threatened release of a hazardous material/waste. The HMBP also satisfies the federal Tier II reporting requirements and the state Community Right-to-Know Act. The material threshold for this program is 55 gallons of a liquid, 500 pounds of a solid, 200 cubic feet of a compressed gas, and/or the applicable state/federal threshold quantity for an extremely hazardous material.

CERS is a statewide, web-based system that supports regulated businesses with electronically reporting, collecting, and managing hazardous materials-related data. It is mandated by the California Health and Safety Code and AB 2286 that all California businesses required to report Unified Program data.

Step-By-Step User Guide

Conditions of Use

Creating an Account

Visit http://cers.calepa.ca.gov

Adding a New Facility

Once the account has been activated, a user can add a new facility by selecting “ Add New Facility/Business ”

Accessing an Existing Facility

If the facility already has a CERS ID number, select “Search Existing Business/Facility”.

Manage People/Users

Once access has been granted, an automated email will be sent to you and you will be able to sign in

A suggested Best Practice is to assign at least two Lead Users. Why? If you limit to one and that person becomes unavailable for any reason, the business will need to contact the local UPA or CalEPA for access permission.

Business Activites

All programs that apply the facility, must be selected “YES”

Note: If “Hazardous Materials” is selected as “NO”, you will not have all of the proper elements to complete your business plan. Any item selected “YES” must have all components of that element complete before submitting. Items required for activities are as followed:

*Please note that in some instances Kern County UPA was not able to select “NO” prior to data seeding to CERS system. Several activities may be unchecked or incorrect for your facility. Under such instances, please edit and review all activities to ensure all correct elements are available.*

Business Owner/Operator Identification

All elements must be filled in with up-to-date and correct information. If the certification regarding Name/Title of Document Preparer/Signer is not completed, the submittal element may be “Not Accepted” by the Regulator.

Hazardous Materials Inventory

(Reporting thresholds: 55 gallons of a liquid, 500 pounds of a solid, 200 cubic feet of compressed gas, any amount of hazardous waste, and extremely hazardous materials based on the federal thresholds)

You may complete your Hazardous Materials Inventory by using the CERS chemical dictionary database, manually inputting the material, or uploading an Excel file. Facilities with small inventories are encouraged to manually enter chemical inventory through the use of the chemical library database.

Adding Chemical Inventory Manually

*Reliable entries for waste items are not in the chemical library. A new material page will need to be created individually for each waste stream. All components must be completed

Uploading Inventory from Excel

The facility site map must be a document created by the user and uploaded into the respective section. Google maps are acceptable as long as they meet all requirements below:

*Document must be uploaded. Any submittal that is selected “Stored on Site”, “Provided to Regulator”, or “Exempt” will be “Not Accepted” by the regulator.

Emergency Response and Employee Training Plan

You may use an existing Emergency Response Plan if all the corresponding information is current and complete.

Uploading a Copy of Emergency Response/Contingency Plan

*Document must be uploaded. Submittals that select “Stored on Site”, “Provided to Regulator”, or “Exempt” will be rejected.*

Uploading a Copy of Employee Training Plan

Locate your PDF copy by utilizing the “Browse” button in the Employee Training Plan section

*Document must be uploaded. Submittals that select “Stored on Site” or “Provided to Regulator” will be rejected. Facility must confirm with KCEHD that there are no employees before “Exempt” is selected.*

Employee Training Plan

Acceptance Process

Once your facility’s information has been submitted to KCEHD, it will be placed in our queue for review to be “Accepted” or “Not Accepted.” Data will be “Accepted” by office staff, however “approval” will be granted at the time of inspection.

Responsibility for correct/incorrect data in CERS is given to each facility. KCEHD can't change any information. If incorrect data is submitted and “Not Accepted”, an automated email will be sent to the Lead Users for that Business/Facility and will be pending resubmittal with corrections.

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How To Create A Hazardous Materials Business Plan

A Hazardous Materials Business Plan (HMBP) is an important document that contains information about hazardous materials used on site at a facility.

In California, some companies are required to create a hazardous materials business plan, depending on the amount or type of hazardous waste on the facility’s premises.

The purpose of this plan is to provide important information about hazardous materials on site to first responders when there is a threat to public health and the environment. It also satisfies federal and state Community Right-to-Know Act laws that require industries to report on the storage and use of hazardous materials.

If your company is required to create an HMBP based on how much hazardous waste that is generated in your facility, below are the steps you will need to take to meet federal, state and local laws.

Know Your County’s Specific Requirements

Hazardous Materials Business Plan

Your facility must also create a HMBP if the materials being used are considered to be “extremely hazardous substances,” per Section 355.61 of Title 40 of the Code of Federal Regulations.

Additional state and federal requirements are outlined in this Governor’s Office of Emergency Services document . It’s important to note that some counties in California have stricter requirements such as the amount of a chemical that must be included in a facility’s plan. Facilities located in counties that do not have threshold amounts can refer to the California Health and Safety Code for guidance.

Compile And Submit The Plan

California’s Health and Safety Code establishes standards that must be included in a HMBP. Because local authorities may have additional requirements, it is important to check with your local government agency to determine any additional components that must be included in a plan.

In general, HMBPs include four elements:

Business Activities And Owner Identification

This part of your HMBP should be pretty straight-forward and is a form found in the facility information section of the California Environmental Reporting System (CERS). This form includes business activities conducted at the facility, as well as information about the owner/operator.

Hazardous Material Inventory

This portion of your HMBP is a list of all the hazardous materials present at your facility that are subject to reporting. These inventory forms must be completed and submitted through CERS as well.

Your list must include all hazardous substances on site and stored in underground tanks. One way to recognize any inventory that is hazardous is by the Safety Data Sheets (SDS) that are provided by the manufacturer, as required by law. SDS documents contain:

Reported inventory also must include extremely hazardous substances that are in quantities equal to or greater than the “Threshold Planning Quantities,” which are established in the Federal Register or on the EPA website.

Facilities must develop a site map in the event that an emergency occurs and responding personnel must locate hazardous materials. This map, which must be submitted to Certified Unified Program Agencies (CUPA) through CERS, should include items such as:

Hazardous Materials Business Plan

Indicate on the map the North direction, and be sure to label any adjacent properties, especially if they are schools, parks or residential areas.

Check with your local county for rules on using color versus black and white, and whether there are any requirements on whether maps must be drawn on a computer or by hand.

Emergency Response Plan And Employee Training

This portion of the HMBP outlines the facility’s emergency training program and a plan that should be put into action if an emergency occurs.

According to the Health and Safety Code, employees should be trained in disaster preparedness when they are first hired and should be given annual refresher training courses.

Training programs should ensure employees are familiar with the facility’s emergency response plan and should include notification procedures should an emergency occur. The facility’s emergency response plan should include procedures to mitigate harm to employees, the public and the environment.

Not having a proper plan in place can be costly and lead to major fines. Our article, No Hazardous Waste Contingency Plan Leads To Big Fine For Manufacturer , shows why it is important to adequately train staff and have an emergency plan in place.

Review Accuracy

Businesses change, and so may the amount of hazardous materials stored on site. After initially submitting a HMBP through CERS, companies should review the accuracy of their plan on an annual basis.

This is important because any change in hazardous material use or location could impact an emergency response.

Government hazardous materials divisions that inspect facilities will compare materials on site with what is outlined in the HMBP. If any parts do not align, a facility will need to update its HMBP within a certain time period or face fines.

A Critical Component

Facilities that generate hazardous waste and store hazardous materials on site are responsible for these substances from the moment they are generated to their final disposal . Called cradle to grave , this responsibility is critical to ensure the safety of the public and environment.

Creating a hazardous material business plan is a critical component of this requirement since it outlines information about each substance at the facility in the event an emergency occurs. Not having an HMBP can be costly - not only to your facility in the form of fines, but to the safety of employees and first responders as well.

If you need help, contact a hazardous waste disposal company. They can help you create a plan and review your processes to make sure you aren't in violation of any regulations.

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Hazardous Materials Business Plan

The Hazardous Materials Business Plan program was established in 1986 and is similar in scope to the Federal Community Right-to-Know Act (EPCRA). These laws were passed in response to the chemical disaster in Bhopal India in 1984 and to other incidents that had occurred in the United States. The goal is to prevent or minimize the damage to public health and safety and the environment from a release or threatened release of hazardous materials. This is achieved by businesses providing their chemical inventories to local agencies that in turn provide that information to their emergency responders.

california hazardous materials business plan requirements

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Hazardous Material Business Plan (HMP) Forms

cupa hmp workshop training dates and information.

Call (916) 875-2377 or e-mail [email protected] to register to attend the free webinar. You MUST register at least 24 hours before the webinar . Once registered, please let us know if you are unable to attend or need to change the webinar date.

Please note: With the start of the electronic reporting requirements on January 1, 2013, CUPA HMP forms must now be entered electronically through the CERS (California Environmental Reporting System) Portal .

Please visit the electronic reporting page for more information.

This authorization form must be completed and submitted to EMD to grant a third party (such as a consultant) authorization to access the facility’s CERS record.

Renewal Packet Forms

There no longer are renewal forms as such. Your HMP is certified annually through the CERS (California Environmental Reporting System) Portal .

HMP Packet Individual Forms

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COMMENTS

Hazardous Materials Business Plan Program
The Hazardous Materials Business Plan (HMBP) program aims to prevent or minimize harm to public health and safety and the environment from a
Hazardous Materials Business Plan
The goal of the Hazardous Materials Business Plan (HMBP) program is to protect both human and environmental health from adverse effects as a result of the
Hazardous Materials Business Plan (HMBP)
Hazardous Materials Business Plan (HMBP) · 500 pounds of a solid 55 gallons of a liquid · 200 cubic feet of a compressed gas · A hazardous compressed gas in any
Hazardous Materials Business Plan (HMBP) Program
The purpose of the Hazardous Materials Business Plan (HMBP) program is to prevent or minimize harm to public health and the environment from a release or
Hazardous Materials Business Plan/California Environmental
The intent of the HMBP is to provide basic information necessary for use by first responders in order to protect public health, safety, and the environment from
How To Create A Hazardous Materials Business Plan
A Hazardous Materials Business Plan (HMBP) is an important document that contains information about hazardous materials used on site at a
Hazardous Material Business Plan FAQ
California Emergency Management Agency 3650 Schriever Ave Mather, CA95655. July 2011. Hazardous Material Business Plan. FAQ. Federal Laws & Regulations: 42
Hazardous Materials Business Plan
The Hazardous Materials Business Plan program was established in 1986 and is similar in scope to the Federal Community Right-to-Know Act (EPCRA).
Hazardous Materials Business Plan Program
In general, you must submit a Business Plan if your business handles and/or stores a hazardous material equal to or greater than the minimum reportable
Hazardous Material Business Plan (HMP) Forms
Please note: With the start of the electronic reporting requirements on January 1, 2013, CUPA HMP forms must now be entered electronically through the CERS (