CUPA Hazardous Materials Disclosure & Business Emergency Plan
Hazardous materials business emergency plan (hmbep).
All Certified Unified Program Agencies (CUPAs), Participating Agencies (PAs), and regulated businesses in the state of California must submit forms electronically. Businesses have direct access to their Business Emergency Plans and Chemical Inventories through the California Environmental Reporting System (CERS) . It also grants local fire agencies immediate access to chemical inventories in the region in case of a spill, fire, or other incidents. These locally implemented programs also satisfy federal community right-to-know laws.
Who is required to prepare a HMBEP?
The Hazardous Materials Business Emergency Plan program requires businesses that handle hazardous materials (including hazardous wastes ) or extremely hazardous substances at reportable quantities to submit a HMBEP in CERS. The reportable quantities equal to or greater than:
- 55 gallons of a liquid,
- 500 pounds of a solid, or
- 200 cubic feet of compressed gas, or
The Orange County CUPA verifies information disclosed by businesses and provides it to agencies responsible for the protection of public health and safety and the environment, such as fire departments, hazardous materials response teams, and other local environmental regulatory groups. The public also has a right to review this information, with the exception of documents containing trade secrets or other confidential information. For more information regarding the Hazardous Material Disclosure & Business Emergency Plan programs, please call (714) 433-6000 and ask for the Duty Officer.
*March 1st- Annual chemical inventory certification due. *March 1st- Annual EPCRA chemical reporting form due. *March 1st- Annual Emergency Response/ Contingency Plan due. Paper hard copies will NOT be accepted.
Resources and Forms
- CalOES- Publications
- Hazardous Materials Release Response Plans and Inventory- Health and Safety Code Chapter 6.95. Section 25500-25520
- Emergency Planning Notification- CFR Title 40 Part 355
- Hazardous Chemical Reporting- Community Right-to-Know- CFR Title 40 Part 370
Laws & Regulations
Business Plan State Statute: Health and Safety Code Sections 25500 - 25520 State Regulation: Title 19 California Code of Regulations, Division 2, Chapter 4, Article 4 Federal Statute: 42 United States Code 11002 Federal Regulation: Title 40 of the Code of Federal Regulations, Part 370 Spill Release Reporting State Statute: Health and Safety Code Section 25507 State Regulation: Title 19 California Code of Regulations, Division 2, Chapter 4, Article 2 Federal Statute: United States Code, Title 42, Section 9602, 9603 and 11004 Federal Regulation: Title 40 of the Code of Federal Regulations, Part 302 and 355
Frequently Asked Questions
Add remove what is a hazardous material.
Any material, because of its quantity, concentration, physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or the environment if released into the workplace or the environment; or any material that is required to have a Material Safety Data Sheet according to Title 8, Section 339 of the California Code of Regulations.
add remove When is disclosure required?
If you use, handle or store hazardous materials in quantities equal to or greater than the following threshold quantities:
- 55 gallons of a liquid
- 500 pounds of a solid
- 200 cubic feet of a gas
AND / OR:
Extremely Hazardous Substances (EHS) – Federal and State laws now mandate special reporting of chemicals found on the EHS list maintained by the US EPA. You must report any of these chemicals if the amounts on hand at any given time exceed the “Threshold Planning Quantity” (TPQ) on the list, or if they exceed the general quantities listed above (55 gallons/500 pounds/200 cubic feet), whichever is less.
EXAMPLE : Chlorine gas is on the EHS list, with a TPQ of 100 pounds. You have up to 150 pounds stored on-site at any given time (a standard chlorine cylinder is 150 pounds). Even though you handle less than the 500-pound general quantity, you must still disclose because chlorine gas is a listed chemical.
The EHS list can be found on the web at the EPA .
add remove Do I need to disclose hazardous wastes?
Yes, if they meet or exceed the threshold quantities of 55 gallons, 500 pounds or 200 cubic feet.
add remove Are there any exemptions?
Yes. Disclosure is NOT required for the following:
Oxygen, nitrogen and nitrous oxide maintained by a physician, dentist, podiatrist, veterinarian, or pharmacist in quantities equal to or less than 1000 cubic feet at any one time, at his or her office or place of business.
Lubricating oil is exempt for a single business facility if the total volume of each type of lubricating oil handled at that facility does not exceed 55 gallons, and the total volume of all types of lubricating oil handled at that facility does not exceed 275 gallons at any one time.
For purposes of this paragraph, “lubricating oil” means any oil intended for use in the crankcase of an internal combustion engine, or the transmission, gearbox, differential, or hydraulic system of an automobile, bus, truck, vessel, plane, heavy equipment, or other machinery powered by an internal combustion or electric powered engine. “Lubricating oil” does not include used or waste oil.
Hazardous material contained solely in a consumer product for direct distribution to, and use by, the general public (this exemption does NOT include the materials used to manufacture these products).
Any material that is in transit under active shipping papers. This applies to chemical distributors who receive, then redistribute materials in their original containers, without bulk storage and handling or repackaging; AND the materials are on site for 30 days or less.
The on-premise use, storage, or both of propane in the amount not to exceed 300 gals used for the sole purpose of heating the employee work areas within the business (AB 403).
add remove How do I prepare for an inspection?
Make sure you have your plan available on-site for review. Make sure your annual training has been conducted and the documentation is available for review also.
add remove When do I notify your Agency of any changes to the Plan?
You are required by law to notify this Agency in writing of any changes in the business and/or chemical inventory information within 15 days. Such changes may include but are not limited to the following:
- Handling of previously undisclosed hazardous material subject to disclosure
- Change in quantity of previously disclosed hazardous material
- Change of business ownership
- Change of business name
- Change of business address
Changes to your Business Emergency Plan must be submitted to this Agency within 30 days. If you are unsure whether you must report, please call this office at (714) 433-6000 for further assistance.
add remove Are there fees associated with this inspection?
Yes. Fees support the operational costs of the Hazardous Materials Management Section and are based upon the number of chemicals (including products and wastes) used, handled, or stored by your business.
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IMAGES
VIDEO
COMMENTS
CERS General Business Portal FAQs: A listing of general questions business users have submitted to CERS Technical Support. FAQ: Business: UPDATED 10/3/2014: Adding a New Person/User to your CERS Business: This brief document shows how to add a new person/user to have access to the facility(s) for your CERS Business. Help Guide: Business: 7/5/2013
California Environmental Reporting System: CERS
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: CalEPA's CERS Portal Help document .
CERS California Environmental Reporting System CERS Portal Help https://cers.calepa.ca.gov/ CERS Portal Change and New Feature - Hazardous Materials Business Plan Annual Certification (AB1429) New Feature: CalEPA, in collaboration with the Governor's Office of Emergency Services (Cal OES) and the California CUPA Forum Board , has deployed
Completing the Submittal process. Selectthe green 'Submit Selected Elements' button. Note that the all three of the boxes have automatically been checked for the HMBP. After you select the 'Submit Selected Elements' button you will see the following screen. This screen confirms you have completed the submittal process.
About CERS. The California Environmental Reporting System (CERS) is a statewide, web-based system designed to support businesses and Unified Program Agencies (UPAs) with electronically reporting, collecting, and managing hazardous materials-related data as mandated by the California Health and Safety Code, Section 25404 (e) (2-5).
HSC section 25508(c) requires a business to annually resubmit or certify as correct in the statewide environmental reporting system (CERS or an approved local reporting portal that can exchange data with CERS). CERS was designed for the business to meet this annual requirement by submitting the two submittal elements as described above.
The Hazardous Materials Business Plan forms have been integrated into CERS and will need to be electronically completed or uploaded. ... Annual Hazardous Materials Inventory Certification in CERS. Please refer to the Annual Hazardous Materials Inventory Certification guidance document from CalEPA for instructions on how to complete your annual ...
Electronically submit a Hazardous Materials Business Plan via the California Environmental Reporting System (CERS). Review, update and recertify the HMBP annually. Handlers in San Bernardino County are encouraged to submit their HMBP between January 1st and March 1st to comply with the annual submittal/certification requirements.
If your business/facility is not in CERS, you can proceed with adding a new facility by ... AB-1429 - Annual vs. Triennial Business Plan Submittals For more information on if your business is required to annually or triennially submit the business plan on CERS, please view the guidance document here: AB-1429 Guidance Document 073120.pdf .
Businesses | CERS
Changes to Hazardous Materials Business Plan Submittal Requirements - AB 1429 (PDF, 57KB) For more information regarding changes to AB 1429, visit our HMBP page. ... Complete annual submittals in CERS and employee documentation is now required. For a video walkthrough of the CERS process (provided by San Diego County CUPA), please see video ...
Business Plan This guidance is not intended to provide legal advice. This guidance is intended to only provide a brief summary of the business plan submittal requirements that are in place as a result of Assembly Bill (AB) 1429. 3650 SCHRIEVER AVENUE, MATHER, CA 95655 (916) 845-711 TELEPHONE (916) 845-8396 FAX www.CalOES.ca.gov
For more information regarding the Hazardous Material Disclosure & Business Emergency Plan programs, please call (714) 433-6000 and ask for the Duty Officer. Due Dates *March 1st- Annual chemical inventory certification due. *March 1st- Annual EPCRA chemical reporting form due. *March 1st- Annual Emergency Response/ Contingency Plan due.
Yes, the HMBP must be submitted to CERS annually pursuant to California Health and Safety Code (HSC) Chapter 6.65 section 25508(a)(1)(A). Your local Certified Unified Program Agency (CUPA) may set the annual reporting date. However, if they do not specify the date, the default reporting date is on or before March 1, 2023.
II. Linking Your CERS Profile to a Facility/Business Log in to CERS (If needed, accept the terms and conditions page to continue). You now have two options to get started managing your facilities. A. Requesting Access to an Existing Facility Most likely, your facility has already been added to CERS by Ventura County Environmental Health
Uploading a document in CERS; Annual submittal or edit a previous submittal; Business plan no change submittal; Is a business plan required to be submitted annually? Adding a new user to your CERS account; Business are required to: Electronically review and certify the CERS submittal at least 1 time per calendar year, no later than 12/31.
Business: 7/5/2013: Submission of Annual Inspection and Enforcement Summary Reports and Annual Single Fee Summary Report: ... This guidance letter provides instruction on how the UPA should process CERS electronic Business Plan submittals from federal or government operated facilities. UP Guidance Letter 14-07 2/28/14:
CERS will not reject inventory submittals solely based on inconsistencies with data in the CERS Chemical Library. ... materials reporting is a Medical Waste Management Plan (MWMP). If your business generates medical waste, you need to enter that waste information in the Hazardous Material Inventory (refer to Section III of this guide). ...
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.
State Law requires your business to report this information electronically. Contra Costa Health Services Hazardous Materials Programs (CCHSHMP) requires the annual CUPA data to be submitted through the California Environmental Reporting System (CERS) between January 1, 2023 and March 1, 2023. Note to Hazardous Waste Generators
available in CERS used for the completion of chemical inventories as part of the annual hazardous materials business plan submittal with twenty-four (24) new federal hazard categories adopted by the United States Environmental Protection Agency (U.S. EPA) as a result of changes to the Occupational
Business User Training Powerpoint (available upon request) This presentation consists of nine modules covering functions of the CERS Business Portal, from initially getting access, to adding a facility, to making an electronic submission, and to setting user access permissions. The presentation can be viewed in the Notes format to see the ...