Hazardous Materials Business Plan

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This message is being sent to notify you of changes pertaining to the Hazardous Materials Business Plan (HMBP) program.  On March 6, 2024, the Office of Administrative Law (OAL) approved a rulemaking package that was submitted by the California Environmental Protection Agency (CalEPA) pursuant to California Code of Regulations, title 1, section 100. The changes reflected in the rulemaking were needed because of Assembly Bill 148 (Chapter 115, Statutes of 2021), which transferred the responsibility for the HMBP program from the California Governor’s Office of Emergency Services (Cal OES) to CalEPA. CalEPA amended and relocated portions of California Code of Regulations, title 19, division 2, chapters 4 and 4.5 into a new division 5. CalEPA has also revised cross-references and added and deleted definitions. These updates do not materially alter any requirement, right, responsibility, condition, prescription, or other regulatory element. All updates to Title 19 are effective as of March 6, 2024. Please visit our website for more information and to review documents related to this rulemaking. HMBP: https://calepa.ca.gov/hazardous-materials-business-plan-program/hazardous-materials-business-plan-program-updates/

All businesses within the City of Glendale, as mandated by the California Health and Safety Code Chapter 6.95, are required to file a Hazardous Material Business Plan (HMBP) with the Fire Department if they use, store or manufacture any hazardous materials.

An owner or operator of a facility must complete and submit a HMBP if the facility handles a hazardous material or mixture containing a hazardous material that has a quantity equal to or greater than:

  • 55 gallons or more for liquids

  • 500 gallons or more for solids

  • 200 cubic feet or more for compressed gasses

A HMBP is also required if the business has on-site the applicable Federal threshold quantity for an extremely hazardous substance specified in 40 CFR Part 355, Appendix A or B, or handle radiological materials in quantities for which an emergency plan is required pursuant to 10 CFR Parts 30, 40, or 70.

Examples of common materials considered to be hazardous are all types of fuels (gasoline, diesel, propane), oils, paints, ink, solvents.

If a business makes any substantial change to their HMBP they must immediately notify the Fire Department and make the necessary updates to their plan in CERS. This would include any change to the quantities of hazardous materials on-site, any new hazardous materials on-site, storage location change or a change of business address, name or ownership.

To submit, update or annually review your HMBP click on cers.calepa.ca.gov

A HMBP CERS submittal/certification is needed annually by March 1st.

Hazardous Materials Business Plan Annual Certification (AB1429)

AB 1429: Assembly Bill 1429 of 2019 (Chaptered by Secretary of State -Chapter 66, Statutes of 2019) changed the HMBP reporting period from annually to once every three years for businesses not subject to EPCRA Tier II reporting requirements or the Aboveground Petroleum Storage Act. AB 1429 also required these business owners/operators to annually review and certify that the HMBP information in the CERS is complete, accurate, and, if applicable, in compliance with EPCRA reporting requirements. The businesses who are not subject to the EPCRA or APSA requirements will still be required to submit a complete HMBP every three years.

EPCRA Reporting Requirements: While businesses subject to APSA are easy to identify in CERS, those businesses subject to EPCRA Tier II reporting are not easily identifiable. For this reason, business owners/operators will be responsible for determining their status as an EPCRA Tier II business. Below are the EPCRA Tier II reporting requirements.

EPCRA Tier II Reporting Chemicals

EPCRA Reportable Thresholds

Extremely Hazardous Substances (EHSs, EPCRA Section 302)

500 pounds or the threshold planning quantity, whichever is lower (40 CFR Part 355, Appendices A and B, or "List of Lists")

Gasoline in underground storage tanks at retail gas stations

75,000 gallons (all grades combined)*

Diesel fuel in underground storage tanks at retail gas stations

100,000 gallons (all grades combined)*

All other hazardous chemicals for which Safety Data Sheets are required

10,000 pounds

 

* If UST facility was not in compliance at all times during the preceding calendar year then EPCRA reporting is applicable regardless of quantity stored.