Hazardous Materials Business Plan (HMBP)
A business that handles a hazardous material or a mixture containing a hazardous material in reportable quantities as set forth by California Health & Safety Code, Division 20, Chapter 6.95 section 25507 shall be required to develop, implement and electronically submit a Hazardous Material Business Plan in the California Environmental Reporting System (CERS) as well as obtain a Unified Program Facility Permit. Please confirm if you meet the threshold reporting requirements HERE.
Regulatory Background
A Hazardous Material Business Plan is a combination of two different regulatory programs. The first is Chemical Inventory Program. This requires businesses within Los Angeles City Fire Department jurisdiction to complete and submit a chemical inventory to disclose hazardous materials stored, used or handled on site. This disclosure information assists emergency responders in planning for and handling emergencies which involve hazardous materials. The program objective is to safeguard lives and minimize property loss.
The second is the Business Emergency Plan (BEP). Chapter 6.95 of the California Health and Safety Code requires businesses that use, store or handle hazardous materials to submit an emergency plan which outlines the facility's emergency response preparations and notification requirements in case of emergency. The information is also shared with emergency response personnel to minimize harm or damage to human life, the environment, and property.
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.
Business Activities
This is a list of 12 YES or NO questions related to the CUPA program. By answering YES to the first question indicating you store hazardous materials in reportable quantities, you will be required to develop, implement and submit a complete Hazardous Materials Business Plan.
Business Owner/Operator Information
This section gathers business and owner information for first responders and permitting.
Hazardous Materials Inventory
In this section, you will disclose an inventory of the chemicals you handle in reportable quantities. For specific information regarding each material you can reference the material's Safety Data Sheet. Since January 1, 2018, all California-regulated businesses must use the new Federal hazard categories to prepare the Hazardous Materials Inventory submittal in CERS.
Site Map
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
Emergency Response Plan
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. 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).
Employee Training Plan
HSC §25505(a)(4) requires that HMBPs include employee training in safety procedures, emergency response plans and procedures in the event of a reportable release or threatened release. Employees are required to be trained initially and annually thereafter. The Emergency Response/Contingency Plan Form has an employee training section that satisfies your electronic reporting requirements; however, you are required to maintain on-site annual 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.
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
Regulations
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, Section 120, and 120.1.4
Contact Information
LAFD CUPA
200 N Main Street, Room 1780
Los Angeles, CA 90012
Phone: (213) 978-3680
Email: lafdcupa@lacity.org
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.