Hazardous Materials Disclosure Program
Assembly Bill (AB) No. 1429, effective January 1, 2020 may change the Hazardous Materials Business Plan (HMBP) reporting requirements for your facility. Changes to the reporting requirements do not preclude that all facilities required to electronically file a HMBP, are required to annually review and certify that the information provided in the HMBP is complete, accurate and in compliance with reporting requirements (CA Health & Safety Code, § 25508.2).
HAZARDOUS MATERIALS BUSINESS PLAN
CHAPTER 6.95 HEALTH AND SAFETY CODE, DIVISION 20
Chapter 6.95 of the Health and Safety Code establishes minimum statewide standards for Hazardous Materials Business Plans. Business Plans contain basic information on the location, type, quantity, and health risks of hazardous materials stored, used, or disposed of in the state. Each business shall prepare a Business Plan if that business uses, handles, or stores a hazardous material or an extremely hazardous material in quantities greater than or equal to the following:
- 500 pounds of a solid substance
- 55 gallons of a liquid
- 200 cubic feet of compressed gas
- Hazardous waste in any quantity
Also, if your business handles an extremely hazardous substance (EHS) as listed in Appendix A, Part 355, Title 40 of the Code of Federal Regulations equal to or greater than 500 pounds or the applicable federal threshold planning quantity (TPQ) it must be listed in your business plan.
The Hazardous Materials Division of the Department of Environmental Resources conducts routine inspections at businesses required to submit Business Plans. The purpose of these inspections is:
- To ensure compliance with existing laws and regulations concerning Business Plan requirements (Chapter 6.95).
- To identify existing safety hazards that could cause or contribute to an accidental spill or release.
- To suggest preventive measures designed to minimize the risk of a spill or release of hazardous materials.
Starting January 1, 2013 all CUPA regulated businesses are required by law (Assembly Bill 2286) to submit business information electronically through the California Environmental Reporting System (CERS). The Business Plan Program forms are no longer accepted by our department and instead must be completed online in CERS. The Hazardous Materials Business Plan must be recertified yearly by reviewing the information currently in CERS and submitting each element of the Hazardous Materials Business Plan your facility is required to complete (it is a good idea to print out and keep available the most current copy of the Business Plan at the site where the hazardous materials are stored). The Business Plan information must also be amended, in CERS, within 30 days of any changes that alter any of the following:
- Any increase in quantity of a hazardous material provided on the inventory.
- Any handling of a discloseable quantity of a previously undisclosed hazardous material.
- Any change in the storage, location or use of hazardous materials, which could affect an emergency response.
- Any change in business name, ownership, address, emergency contacts, or billing address.
- Modifications to the site map.
Guidelines on how to handle chemical spills in controlled settings. Also, as a reminder, All handlers of hazardous materials shall, upon discovery, immediately report any release or threatened release of a hazardous material by calling 911, this office at (209) 525–6700 during business hours or (209) 525–6727 outside business hours, and the Office of Emergency Services (OES) at (800) 852–7550 or (916) 262–1800. Guidelines on how to handle chemical spills in controlled settings [PDF].
Stanislaus County wants to help businesses and will assist in completing your CERS submittal. Assistance for successfully submitting into CERS can be obtained by using the CERS submittal guidance document, requesting help from a CUPA inspector by calling 209-525-6700 and ask to speak to your district inspector, or contacting the CERS help desk, Monday through Friday from 8:00 am-4:30 pm, at 858-505-6990 / vog.ac.apelac@srec