hazardous material business plan (hmbp) reporting requirements

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Hazardous Materials

Hazardous Materials Business Plan (HMBP) The Hazardous Materials Business Plan (HMBP) program was established 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. The plan requires businesses that handle hazardous materials in quantities equal to or greater than 55 gallons of a liquid, 500 pounds of a solid, 200 cubic feet of compressed gas, or extremely hazardous substances above the threshold planning quantity (40 CFR, Part 355, Appendix A) to develop, implement and electronically submit a Hazardous Material Business Plan in the California Environmental Reporting System (CERS) . Please confirm if you meet the threshold reporting requirements  HERE .

Components of a Hazardous Materials Business Plan A Hazardous Materials Business Plan consists of six (6) different sections that must be completed and electronically submitted in CERS. All business plans are required to be updated and resubmitted annually between January 1st and March 1st. Below is a brief description of each required section along with reference material to assist with gaining compliance.

This is a list of 12 YES or NO questions related your facility's operations that will determine which CUPA programs your facility will be subject to. 

• Ensure that Business Owner information is entered as the LLC or corporation, if applicable. Do not use an individual's name if the business is owned by an LLC or corporation.
• Billing contact information is where the permit and invoice will be sent. 

In this section, you will disclose an inventory of the chemicals you handle in quantities that exceed the reportable threshold. For specific information regarding each material you can reference the material's Safety Data Sheet.

Reportable thresholds for hazardous materials and defined in  HSC 25507 . The thresholds are determined based on the physical state of the material (solid, liquid, or gas). Below are the basic thresholds for each physical state. 

• Solids - 500 pounds
• Liquids - 55 gallons
• Gases - 200 cubic feet

All facilities storing reportable hazardous materials must prepare a site map. The intent is to provide emergency responders with vital information to mitigate hazards while conducting emergency operations. Detailed instructions have been developed to assist facilities in creating a compliant site map:

• Site Map Instructions - Single Building
• Site Map Instructions - Multi-Story Building
• Site Map Instructions - Multi-Building Facility

Regulated facilities are required to develop and implement an Emergency Response Plan and Procedures for immediate response to a reportable release or threatened release of a hazardous material. The state has developed a template to assist businesses to submit the required information linked below. Be aware that the state approved form is not required provided the emergency response plan meets all the requirements set forth in Title 19 CCR 4 § 2658 & HSC 6.95 25505 (a)(3).

• Emergency Response/Contingency Plan Form
• Emergency Response/Contingency Plan Instructions

HSC §25505(a)(4) requires that HMBP's include employee training in safe handling procedures and emergency response plans and procedures. Employees are required to be trained initially and annually thereafter. The Emergency Response/Contingency Plan Form linked above has an Employee Training section (section I) that satisfies your electronic reporting requirements, meaning if you complete this section of the form, you do not need to upload additional documents for employee training. However, you are required to maintain on-site training logs for a minimum of three (3) years.

Compliance Assistance The LAFD CUPA recognizes that regulatory compliance can be challenging. Below are some resources that you can use to achieve compliance, including a list of third-party contractors that can develop and submit a HMBP for your facility.

• Do I Need To Submit a HMBP?
• Instructional Videos
• CERS Contractor List

California Environmental Reporting System (CERS) The California Environmental Reporting System (CERS) is the statewide web-based system that supports the electronic exchange of required Unified Program information among businesses, local governments and the U.S. EPA. Assembly Bill 2286 requires all Unified Program regulated businesses and local regulating Unified Program Agencies (UPAs), to report and submit mandatory Unified Program information electronically, through CERS

• New CERS Account
• Existing CERS Account
• CalEPA CERS Business Portal Training  

Reference California Health & Safety Code, Division 20, Chapter 6.95, Article 1 California Code of Regulations, Title 19, Sections 2620-2732 California Code of Regulations, Title 24, Part 9, Section 80.115 Los Angeles Municipal Code, Article 7 of Chapter V, Sections 120 and 120.1.4

Contact Information LAFD CUPA 200 N Main Street, Room 1780 Los Angeles, CA 90012 Phone: (213) 978-3680 Email: [email protected]

Hazardous Materials Business Plans are required to be submitted annually by March 1st .  Please utilize the California Environmental Reporting System (CERS) to submit business plans.

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Hazardous Materials Business Plan Program

Businesses must complete a Hazardous Materials Business Plan (HMBP) using an electronic reporting system for the safe storage and use of chemicals.

Firefighters, health officials, planners, public safety officers, health care providers and others rely on the HMBP in an emergency. They use it to prevent or lessen damage to the health and safety of people and the environment when a hazardous material is released. The Hazardous Materials Business Plan Program is also known as the Community Right to Know Program and any citizen has the right to review these plans upon request.

Hazardous Materials

Hazardous materials are any substances that can harm public health or the environment. Some examples of hazardous materials include:

• Flammable liquids and solids
• Petroleum-based products, such as motor oil, gasoline and diesel fuel
• Acids and bases, such as pool chemicals and drain cleaners
• Fertilizers

Hazardous Materials Business Plan

The HMBP must include:

• Summary of business activities
• Owner/operator information including emergency contacts
• The type and quantity of reportable hazardous materials
• Emergency response procedures
• Employee training program

In general, you must submit a HMBP if your business handles and/or stores a hazardous material equal to or greater than the minimum reportable quantities. These quantities are 55 gallons for liquids, 500 pounds for solids and 200 cubic feet (at standard temperature and pressure) for compressed gases. For further information regarding Business Plan minimum reportable quantities other than the quantities referenced above, refer to the Health and Safety Code Division 20 Chapter 6.95.

Exemptions from Filing

You are exempt from the regulations and do not have to file a HMBP if you do not have other reportable hazardous materials and:

• The hazardous materials are contained solely in consumer products at a retail establishment and intended for sale to and use by the public.
• You are a physician, dentist, podiatrist, veterinarian, or pharmacist, or emergency medical service provider who stores oxygen, nitrogen, and/or nitrous oxide in quantities less than 1,000 cubic feet for each material.
• You store 55 gallons or less of any specific type of lubricating oil and your total quantity does not exceed 275 gallons for all types of lubricating oil (excluding used oil).
• You store no more than 500 gallons of propane that is used for the sole purpose of heating employee work areas, cooking, and heating water
• You store less than 5,000 pounds of a solid hazardous material or less than 550 gallons of a liquid hazardous material that is classified solely as an irritant or sensitizer (see Section 5194 of Title 8 of the California Code of Regulation).
• You store an aggregate capacity of less than 1,320 gallons for either fluid in a hydraulic system or oil-filled electrical equipment that is not contiguous to an electric facility.
• You store less than 1,000 cubic feet of a compressed gas, that is an inert gas with only simple asphyxiation or pressure release hazards, (see Section 5194 of Title 8 of the California Code of Regulations. Examples include nitrogen, argon, helium, neon, etc.), carbon dioxide, non-flammable refrigerant gases used in refrigeration systems, gases used in fire suppression systems.
• The only reportable substance is fuel stored in an emergency generator that will be on-site for 90 days or less and  the business submits a HMBP Exemption Application for Temporary Emergency Generator Deployment and obtains a 90-day CUPA permit.  Please note that a CUPA Permit is not required if the temporary emergency generator deployment is less than 30 days.   Due to the potential time-sensitive nature of an emergency generator deployment and the permit application approval process, the public is advised to contact the CUPA to request information regarding these permit applications and for the purpose of providing input.

Submitting a Business Plan

• Effective January 1, 2013, all businesses subject to the Hazardous Materials Business Plan Program requirements are required to submit a new or revised HMBP electronically. Our agency established an electronic reporting system for this purpose. 
• You must complete and submit a HMBP within 30 days of handling or storing a hazardous material equal to or greater than the minimum reportable quantities.
• You must review, update, and submit or certify the Business Activities, Business Owner/Operator, and Hazardous Materials Sections of the HMBP annually.
• You must review, update, and submit or certify the entire HMBP every three years.
• You must revise and submit a HMBP within 30 days if your business makes significant changes. Some of these changes include but are not limited to: new ownership or emergency contacts, major increases or decreases in hazardous materials storage, changes in location of hazardous materials, and/or significant operational changes.
• San Mateo County Environmental Health Services periodically inspects businesses to determine if the HMBP is complete and accurate. The inspection also includes a review of emergency response procedures and employee training records.
• If inspectors identify HMBP deficiencies and/or violations during an inspection, the business will receive a Notice to Comply with a specific time frame for corrective actions, typically 30 days.

Call (650) 372-6200 for more information. 

Additional Resources

• Common Gases Conversion Table
• Refrigerant Gas Reporting Guidance
• HMBP Property Owner Notification Letter Sample 
• Hazardous Materials Business Plan Site Map
• Hazardous Materials Business Plan Employee Training Plan
• Employee Training Documentation Form
• Request new password
• Support portal