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A guide to california’s hazardous materials business plan program, introduction.

California is home to a diverse range of industries, many of which handle hazardous materials as part of their operations. Manufacturers may use hazardous chemicals as raw materials throughout their production processes or produce them, construction companies use hazardous solvents, and oil and gas companies involved in extraction or refining of oil and gas use a variety of regulated hazardous chemicals such as diesel fuel. These use cases, as well as others within the agriculture, automotive, and healthcare industries among others are all around us, helping to provide us the creature comforts we’ve come to appreciate. 

Ensuring the safety of these operations and the well-being of the surrounding communities is of paramount importance to California’s governing bodies, and the Hazardous Materials Business Plan (HMBP) Program is a key initiative designed to achieve this goal. In this blog post, we will provide a comprehensive overview of California’s HMBP Program including: how to comply, common challenges during compliance, and potential exemptions.

Understanding California’s Hazardous Materials Business Plan Program

The Hazardous Materials Business Plan (HMBP) Program is a state-mandated program that aims to protect public health, safety, and the environment by ensuring that businesses handling hazardous materials in California have adequate emergency response and training plans in place. These plans outline how hazardous materials are stored, handled, and disposed of, in addition to providing crucial information to first responders in the event of an emergency, so that they can respond in the safest and most effective manner. 

The California Environmental Reporting System (CERS) serves as the central reporting portal for HMBPs, which allows businesses to electronically submit their HMBP information, ultimately delivering it to the relevant Certified Unified Program Agencies (CUPAs).

The HMBP Program is implemented statewide in California, and compliance is enforced by the local CUPAs. Businesses located in different regions of the state will submit their HMBPs to the appropriate local CUPA, which will then review the plans and conduct inspections to ensure compliance with HMBP. In order to ensure compliance, organizations may consider implementing enterprise compliance software .

What are the steps to maintain compliance with California’s Hazardous Materials Business Plan Program?

There are several steps that businesses must follow to meet hmbp compliance requirements: .

  • Identifying hazardous materials: The first step towards compliance is for businesses to identify and inventory all hazardous materials present at their facility.
  • Developing an HMBP: Once a business has identified all hazardous materials on site, they must complete the HMBP that outlines business activities, facility information, hazardous materials inventory, site map, emergency response plan, and an employee training program.
  • Submitting the HMBP to the local CUPA: Businesses must submit their HMBP to the appropriate local CUPA via the California Environmental Reporting System (CERS) by the applicable due date.
  • Facility inspections: Local CUPAs conduct regular inspections of facilities to verify HMBP compliance and ensure that businesses are adhering to safety standards, meaning that an organization must maintain ongoing compliance.
  • Updating the HMBP: Dependent upon the facility’s operations, businesses must review and update their HMBP annually, once every three years (if the facility is not regulated under EPCRA or APSA), or whenever there are significant changes to their hazardous materials inventory or processes. These requirements can also change based on the CUPA’s discretion.
  • Employee training: As part of HMBP compliance, businesses must provide ongoing training to employees responsible for handling hazardous materials or responding to emergencies.

While this list covers the requirements of the program, it is an exhaustive list of activities, as each individual requirement may necessitate many additional steps. Working with an expert to identify exactly what your business needs to comply is a great way to get started.

What are the challenges of complying with HMBP?

As you may have guessed, each of the above requirements can present many challenges to organizations, which are made up of many different functions and departments that may experience turnover, etc.

Some common challenges organizations face are:

  • Keeping up with regulatory changes: The regulations governing hazardous materials are constantly evolving to address new risks and improve safety standards. Businesses must stay up-to-date with these changes to ensure ongoing compliance with HMBP requirements.
  • Accurate identification and inventory management: Properly identifying and tracking hazardous materials can be a complex task, especially for businesses that handle a large variety of chemicals or experience frequent changes in inventory. Implementing enterprise software can help businesses maintain accurate records and comply with HMBP requirements.
  • Developing and maintaining a comprehensive HMBP: Creating a plan that addresses all required elements, including facility information, an inventory of hazardous materials, a site map, an emergency response plan, and an ongoing employee training program, can be time-consuming and challenging. Businesses may need to invest in training or hire experienced professionals to ensure they maintain HMBP compliance.
  • Ensuring employee training and awareness: Training employees on the safe handling, storage, and disposal of hazardous materials, as well as emergency response procedures, is essential for HMBP compliance. However, employee turnover, time constraints, and a lack of training resources can make it difficult for businesses to maintain a well-trained workforce.
  • Navigating local variations: The implementation and enforcement of the HMBP Program can vary between local CUPAs, leading to differences in requirements and interpretations of the regulations. Businesses operating in multiple jurisdictions may find it challenging to navigate these variations and ensure compliance across all locations.

It’s critical to note that, regardless of how challenging the company’s situation, it doesn’t mean they’re exempt from complying with HMBP.

So, what can be done? To help overcome these challenges, organizations should consider the following:

  • Designate a compliance officer or team responsible for staying up-to-date with regulatory changes and ensuring that the HMBP is revised accordingly.
  • Implement software to accurately track hazardous materials and maintain up-to-date records.
  • Invest in training or software to develop and maintain a comprehensive HMBP that addresses all required elements.
  • Allocate resources for ongoing employee training and establish a system to track and document training completion.
  • Consult with local CUPAs to understand any variations in requirements and ensure compliance across all locations.

Are there any exemptions to the Hazardous Materials Business Plan Program?

Certain businesses may be exempt from the HMBP requirements based on specific criteria. While this post includes a list of exemptions, you should always check with your local CUPA to confirm subjectability to regulations.

Some common reasons a facility may be exempt from complying with HMBP are:

  • Small quantities of hazardous materials: Businesses that handle hazardous materials below specified threshold quantities may be exempt from HMBP requirements.
  • Retail facilities: Retail facilities that primarily sell hazardous materials to the general public for personal, family, or household purposes may be exempt from HMBP requirements.
  • Temporary storage: Businesses that temporarily store hazardous materials during transportation and do not store them at a facility for more than 30 days may be exempt from HMBP requirements.
  • Household hazardous waste collection events: Facilities or events that collect household hazardous waste from the public for proper disposal or recycling may be exempt from HMBP requirements.

California’s Hazardous Materials Business Plan Program and the California HMBP re is a vital initiative designed to protect public health, safety, and the environment from the potential dangers posed by hazardous materials.

By understanding the program’s requirements, implementation, and compliance processes, businesses can effectively participate in the HMBP Program and contribute to the safety of their communities. Although there are some exemptions to the HMBP requirements, it is crucial for businesses to consult with their local CUPA to ensure they fully understand their obligations.

California’s HMBP Program serves as a comprehensive framework for businesses to safely manage hazardous materials and mitigate the associated risks. By adhering to the program’s guidelines, businesses not only fulfill their legal obligations but also promote a safer and more sustainable environment for all Californians. To learn how Encamp can help your organization maintain compliance with HMBP, drop us a line here .

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California Hazardous Materials Business Plan Overview

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In case you missed it, on August 17th, 2021, Ashley Campbell, Compliance and Regulatory Affairs Specialist at Clean Earth, led Clean Earth’s “California Hazardous Materials Business Plan Overview” Webinar. Ashley has over 13 years of experience in the hazardous waste industry and brought her first-hand expertise to our virtual audience.

The webinar was broken down into 5 segments:

  • Hazardous Materials Business Plan Overview
  • California Electronic Reporting System

HMBP Segments

  • HMBP Approval Process
  • HMBP Best Practices

Hazardous Materials Business Plan Program – A Bit of History  

The Hazardous Materials Business plan program was established in 1986. The purpose of a Hazardous Materials Business Plan (HMBP) is to prevent or minimize harm to public health and the environment from a release or threatened release of a hazardous material. Submission of a HMBP allows emergency responders to know what materials are present on the property and how to effectively protect the public from any potential threats.

There are currently 81 certified unified program agencies and 24 participating agencies in California. Once you submit a HMBP the information is verified and provided to the agencies responsible for protecting public health. These agencies include fire departments, hazardous materials response teams, and local environmental regulatory groups.

California Electronic Reporting System – How Do You Report the Required Information?

All California hazardous waste or hazardous materials generators are required to submit a hazardous materials business plan in addition to their EPA identification number. This includes any business that handles hazardous materials on a daily basis that are greater than or equal to 55 gallons of liquid, 500 pounds of a solid, and 200 cubic feet of compressed gas or extremely hazardous substances above the threshold quantity. All hazardous waste generators and material generators can register their business with the local county CUPA on the CERS website here: https:// cers.calepa.ca.gov / . The website is separated into two sections – Business and Regulatory. If you’re a business owner, be sure to click on the business section of the portal sign-in page. The website includes a training portal if you have any questions while you’re getting started.

Waste generators are required to complete 20 questions on the business activities and business operations page of business plan. If you are a materials generator, the county CUPA requires your business to submit the business activities, business operations, site map, and contingency plan. The business activities form notifies the local agency if you are a materials generator, waste generator, or both. The business operations page provides all pertinent contact information for your locations. The information includes mailing address, business ownership, site contact person, and two emergency contacts. It is recommended you utilize the titles of the emergency contacts versus the names to ensure compliance. Your designated environmental contact should be the individual who has the ability to respond to county CUPAs if/when inspections take place, or if you are found in violation.

HMBP Inventory

Some generators are required to submit a hazardous materials inventory. The inventory should consist of all products your business will potentially declare as a hazardous waste or hazardous materials. The California Electronic Reporting system provides blank inventory templates for generators to upload. The inventory template is user-friendly and will give guidance on what belongs where. If you miss a section, it will generate an error report so be sure to fill this section out in its entirety.

HMPB Site Map

When submitting your site map, please reference your county CUPA site map requirements to ensure your site map displays all required emergency information. The site map should indicate major cross streets, north orientation, fire extinguishers, loading dock, hazardous waste accumulation area, storm/sewer drains, water shut-off, and electrical/utility room. Every county CUPA has their own established website that includes a detailed map covering all specifics required to complete this portion.

Contingency Plans

Generators are required to submit a contingency plan for approval. The plan requires generators to provide emergency information such as: nearest hospital, regional waste board, and internal emergency alarm procedures. The contingency plan consists of four pages and CERS will provide generators with a blank template. This template also contains sections that require your business to list any annual employee training programs, safety meetings, and training products that you utilize.

HMBP Approvals Process

In CERS, the HMBP is separated into three sections: facility information, inventory, and emergency response and training plan. Each section is approved by the local county CUPA agency and lead users will receive an approval or rejected notification via email. If all components of the business plan were approved, the CUPA agency will generate an invoice for payment in order for the waste generator and/or materials generator to receive their annual permit. HMBPs are required to be renewed by March 1st with the exception of San Francisco county which requires generators to renew their plans 30 days prior to their permit expiration date.

HMBP Best Practices – How Can Your Business Maintain Compliance with CA Regulations?

  • Review emergency contact information: names and telephone numbers
  • Update mailing address if applicable
  • Review waste/materials inventory amounts
  • Close out non-operational facility locations
  • Maintain a copy of the submitted business plan
  • Correct any HMBP deficiencies notated by the local CUPA

HMBP Resources

  • https://cersapps.calepa.ca.gov/public/directory/
  • http://www.ushospitalfinder.com/
  • https://www.waterboards.ca.gov/waterboards_map.html

Questions? Contact Ashley Campbell

Compliance & Regulatory Affairs Specialist

[email protected]

The information, content and materials provided in this “California Hazardous Materials Business Plan Overview” and in related materials (“Content”) does not, and is not intended to, constitute legal advice, nor is it prepared by lawyer or law firm or as the product of any attorney-client relationship. Content is provided "as is;" no representations are made that the content is error-free. Content is available for general informational purposes only and may not constitute the most current legal or other information.  Recipients of the Content assume all responsibility and risk arising from its use and reliance upon the Contact and should contact an attorney to obtain advice before acting or refraining to act on the Content.  All liability with respect to actions taken or not taken based on the Contents is hereby expressly disclaimed. 

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The Cal OES HMBP Program

EH&S Compliance , Health & Safety Training

california hazardous materials business plan

Written by: Virginia McCormick,  NES, Inc.

california hazardous materials business plan

This article is part of a special dedicated series that covers California CUPAs and the Unified Program. For a complete overview, see the June 2019 NES article California CUPA Overview: Enforcing the CalEPA Unified Program .

Disaster Prompts the Cal OES HMBP Program

In early December of 1984, a gas leak at a pesticide plant caused the immediate deaths of an estimated two to three thousand people in Bhopal, India. The following weeks saw many additional gas-related deaths, injuries, and illnesses. The tragedy is one of the largest industrial disasters ever recorded, with the total reported death toll varying between ten and twenty thousand people .

In response to the Bhopal disaster, Cal OES established the Hazardous Materials Business Plan (HMBP) Program in 1986. The program is intended to, “ prevent or minimize the damage to public health and safety and the environment from a release or threatened release of hazardous materials. ” The program helps determine safety precautions that need to be met by businesses that handle specific amounts of hazardous materials. The resulting document is the HMBP, or Business Plan. The requirements for the HMBP program are outlined in the California Health and Safety Code (HSC) Division 20, Chapter 6.95, Article 1 .

The Federal Emergency Planning and Community Right-to-Know Act (EPCRA) was established in the same year as the HMBP program. The requirements of EPCRA are facilitated through the HMBP program. However, the HMBP program is California-specific and is enforced by Certified Unified Program Agencies (CUPAs) and/or Participating Agencies (PAs).

california hazardous materials business plan

A hazardous material is one that, because of its quantity, concentration, or physical/chemical characteristics, poses a, “ significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. ” Listings of hazardous materials can be found in various legislature, such as Title 10 of the Code of Federal Regulations for radioactive materials and Title 8 of the California Code of Regulations for the Cal/OSHA hazardous substances list.

California legislature is regularly being revised to include new information and requirements regarding hazardous materials. In 2018, NES reported on CalEPA increasing the number of chemical hazard categories from five to twenty-four . In order to stay in compliance, business owners are expected to keep up with such regulatory changes to state and federal laws.

HMBP Program Requirements

Under Cal OES, a business in California is required to establish an HMBP if it manages hazardous materials in amounts greater than or equal to 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet for compressed gases .

However, there are further qualifications and some exceptions to the program. For more information on the HMBP program and hazardous materials, see the Cal OES publication Hazardous Material Business Plan FAQ .

The HMBP program reporting requirements include business activities and owner/operator identification, an inventory of hazardous materials, an Emergency Response Plan or procedure, training for employees, and a site map. By providing information and ensuring plans have been specified, the HMBP can serve as a guide for a facility’s employees and for first responders in the case of a hazardous materials release.

california hazardous materials business plan

Inventory of Hazardous Materials

A detailed inventory of all hazardous materials at a facility that meet or exceed the reporting thresholds must first be compiled for the HMBP. All hazardous materials inventories must meet state and federal reporting requirements, including the physical state, maximum daily amount, and storage locations . The inventory is done primarily in order to document significant amounts of hazardous materials so that emergency responders can effectively protect a business, its employees, the public, and the surrounding environment.

Emergency Response Plan & Procedures

An Emergency Response Plan promotes employee safety and the enduring wellbeing of the business or agency. At a minimum, the plan must include protocols for reporting workplace emergencies, evacuation policies and procedures, contact information for individuals designated to provide further instruction in the case of an emergency, and actions that must be performed by designated employees prior to evacuation.

The September 2017 NES article, Emergency Action Plan Design and Implementation provides an overview of Emergency Action Plan implementation and includes a section on Emergency Response Plans.

Training Program for Employees

Under the HMBP program, all employees must be trained on safety measures, emergency contacts, and mitigation/evacuation procedures in the event of a hazardous material release. Employees must be trained upon initial hiring with refresher training provided annually thereafter . The position of each employee and his/her potential hazardous materials exposure risk should be considered. The training must be documented, and the training records must be retained for a minimum of three years and be made available to any state or federal inspector upon request.

Finally, a site map must be submitted. A north-oriented site map must include, “ loading areas, internal roads, adjacent streets, storm and sewer drains, access and exit points, emergency shutoffs, evacuation staging areas, hazardous material handling and storage areas, and emergency response equipment. ”

HMBP Program Reporting & Submittal

Businesses regulated under the HMBP program use the California Environmental Reporting System (CERS) to electronically report the hazardous materials they keep at their facilities. By submitting a completed HMBP through CERS, businesses will fulfill the information requirements of the HMBP program.

Businesses must submit an initial HMBP to CERS as soon as hazardous materials are handled. Excluding locally enforceable renewal dates, annual HMBP renewals are required by the 1 st of March . According to Cal OES, a business must review its HMBP at least once every three years to determine if revision is needed. HMBPs must be updated within 30 days for significant changes, such as handling of any previously undisclosed hazardous materials that meet or exceed the reporting thresholds.

california hazardous materials business plan

Once submitted, the CUPA will verify the HMBP information and provide it to agencies responsible for the protection of public health and safety and the environment, such as fire departments, hazardous materials response teams, and local environmental regulatory groups.

Cal OES recommends that regulated businesses contact the local CUPA to determine any specific requirements for submittal of the Emergency Response Plans and procedures, training program information, and additional information: “ The CUPA may have requirements in addition to the State of California HMBP requirements. Check with the local jurisdiction having authority to implement and enforce the HMBP Program to determine what those additional requirements, if any, are. ”

NES Environmental Consulting

NES has been providing environmental consulting and training services for the past 30 years. NES regularly provides Hazardous Materials Business Plan / CERS training on behalf of CUPAs and public and private businesses throughout California. NES also assists with the preparation and submittal of businesses’ Hazardous Materials Business Plans. For more information, please contact NES at [email protected] or 916-353-2360 / 1-800-NES-ADVISE.

References:

Universities Press: The Bhopal Saga; Causes and Consequences of the World’s Largest Industrial Disaster

Government of Madhya Pradesh: Bhopal Gas Tragedy Relief and Rehabilitation Department, Bhopal

The California CUPA Forum: Business Plans

California Health and Safety Code (HSC) Division 20, Chapter 6.95, Article 1

Federal Emergency Planning and Community Right-to-Know Act

NRC Regulations, Title 10, Code of Federal Regulations

Cal OES: Hazardous Material Business Plan FAQ

California Environmental Reporting System

IMAGES

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  3. California Hazardous Materials Business Plan Overview

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COMMENTS

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    What is a Hazardous Materials Business Plan? A HMBP contains detailed information that includes the following: An inventory of hazardous materials at a facility. Emergency response plans and procedures to be followed in the event of a reportable release or threatened release of a hazardous material.

  2. Hazardous Materials Business Plan · calcupa.org

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  3. 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 storage or possible release of those materials. This is done primarily by documenting significant amounts of hazardous materials so that emergency responders can effectively protect the public.

  4. PDF HAZARDOUS MATERIALS BUSINESS PLAN

    HAZARDOUS MATERIALS BUSINESS PLAN OVERVIEW. CHAPTER 6.95 - HEALTH AND SAFETY CODE, DIVISION 20, (AB 2185 & AB 2189) A Hazardous Materials Business Plan (HMBP) contains basic information on the location, type, quantity, and health risks of hazardous materials stored, used, or disposed of by businesses operating in the state. Chapter 6.95 of the ...

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  6. 2023 Update for California Hazardous Materials Business Plans

    It was approved by the California legislature in September and took effect on January 1, 2023, Under the Hazardous Materials Business Plan (HMBP) Program, businesses in California that handle certain quantities of hazardous materials must create and implement a plan for responding to emergencies that involve a release (or threatened release).

  7. PDF CERS Portal Change and New Feature Hazardous Materials Business Plan

    Services (Cal OES) and the California CUPA Forum Board , has deployed . a new feature in CERS that allows a business owner/operator to easily meet statutory requirement to annually certify the Hazardous Material Business Plan (HMBP) information in CERS is complete, accurate and, if applicable, meets EPCRA reporting requirements. AB 1429:

  8. Hazardous Materials Business Plan

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    An Annual Update Certification Form or a complete Hazardous Materials Business Plan (HMBP) must be ... For facilities in California, the number usually starts with the letters "CA". If you do not have a number, contact the Department of Toxic Substances Control (DTSC) Telephone Information Center at (916) 324-1781, (800) 61-TOXIC or (800 ...

  10. Hazardous Materials Business Plan Resources

    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. Home Electronic Reporting CUPA Performance Evaluation Contact Us

  11. Hazardous Materials Business Plan FAQ

    A hazardous material is defined as any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.

  12. California Hazardous Materials Business Plan Overview

    The Hazardous Materials Business plan program was established in 1986. The purpose of a Hazardous Materials Business Plan (HMBP) is to prevent or minimize harm to public health and the environment from a release or threatened release of a hazardous material.

  13. Hazardous Materials Business Plan (HMBP)

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    Federal, State and local laws require that a Hazardous Material Business Plan be submitted by any business that uses, stores, and/or handles a hazardous material or a mixture containing a hazardous material in reportable quantities.

  15. PDF Hazardous Materials Business Plan Program FAQs

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  17. Hazardous Materials Business Plan Program Updates

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  18. PDF Environmental Health Department

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    Hazardous Materials Business Plan; HMBP Exemptions and Reporting Thresholds HMBP Exemptions and Reporting Thresholds . Some hazardous materials have different reporting thresholds than the standard 55 gallons, 200 cubic feet, and 500 pounds. ... Provide training for employees per California Health and Safety Code (HSC) § 25505(a)(4).

  20. The Cal OES HMBP Program

    HMBP Program Requirements. Under Cal OES, a business in California is required to establish an HMBP if it manages hazardous materials in amounts greater than or equal to 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet for compressed gases. However, there are further qualifications and some exceptions to the program.

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    The Area Plan is a requirement for local government agencies used in response to, and to minimize impacts from a release or threatened release of a hazardous material. CalEPA is the oversight agency for the Hazardous Materials Business Plan (HMBP) program, which includes the Area Plan. The Certified Unified Program Agencies (CUPAs) and/or ...