The State of California enacted legislation that requires counties to
regulate hazardous materials and wastes at business locations for
emergency response purposes. As a result, the Board of Supervisors
designated the Public Health Department as the Certified Unified Program
Agency (CUPA). All facilities in Siskiyou County that use or store
hazardous materials (defined as either virgin or waste materials) in any
quantity are required by California Health & Safety Code to report such
use or storage to the CUPA. The amount of detail required to be reported
depends on whether or not a facility is subject to State Hazardous
Materials Business Plan (HMBP) reporting requirements. Facilities
subject to HMBP reporting requirements must complete and submit to the
health department a HMBP. Depending upon the nature of storage/handling
of hazardous materials at the facility, additional information may be
required to be submitted as appendices to the HMBP. Examples of such
appendices include:
For underground storage tanks (UST), Unified Program Consolidated Forms
(unidocs forms) UST - Facility and UST - Tank forms;
California Accidental Release Prevention (CalARP) Program Registration
Form;
UPCF Onsite Hazardous Waste Treatment Forms;
Aboveground Storage Tank Spill Prevention Control and Countermeasure
Plan (SPCC);
What is a Hazardous Materials Business Plan (HMBP)?
A HMBP is a document
containing detailed information on the storage of hazardous materials at
a facility. Chapter 6.95 of the California Health & Safety Code (H&SC)
requires that facilities that use or store such materials at or above
reporting thresholds (see below) submit this information.
What is the purpose of the Hazardous Materials Business Plan? The intent
of the Business Plan is to satisfy federal and state Community
Right-To-Know laws and provide detailed information for use by emergency
responders. All persons at the facility who are qualified to serve as
emergency coordinators must be thoroughly familiar with the contents and
use of the HMBP, with the operations and activities of the facility, and
with the locations of all hazardous materials records maintained by the
facility.
The Hazardous Materials Business Plan has been developed to assist you
in complying with the state requirements and to provide emergency
response agencies adequate information about the type, quantity of, and
management practices regarding the hazardous materials that are stored
at your facility. Along with applicable modules and appendices, it is
intended to additionally satisfy some or all of the reporting
requirements for the following programs: Hazardous Materials Storage;
CalARP Program Registration; Toxic Gas Ordinance; Underground Storage
Tank; Hazardous Waste Generator Registration; Hazardous Waste
Contingency Plan; Hazardous Waste Tiered Permitting; and Aboveground
Storage Tank Spill Prevention Control and Countermeasures plan (SPCC).
Who must complete a Hazardous Materials Business Plan? The owner of a
facility must complete a HMBP and submit a copy to the Public Health
Department for each site that handles any individual hazardous material
or mixture containing a hazardous material which has a quantity at any
one time during the reporting year equal to or greater than:
500 pounds for solid hazardous materials [H&SC §25503.5(a)]
The following amounts for liquid hazardous materials:
Lubricating oil as defined by H&SC §25503.5(b)(2)(B): 55 gallons of
each type or 275 gallons aggregate quantity on site.
All others, including waste oil: 55 gallons. [H&SC §25503.5(a)]
The following amounts of hazardous material gases:
Oxygen or Nitrous Oxide stored/handled at a physician, dentist,
podiatrist, veterinarian, or pharmacist's place of business: 1,000 cubic
feet of each material on site. [H&SC §25503.5(b)(1)]
All others: 200 cubic feet. [H&SC, §25503.5(a)]
Amounts of radioactive materials requiring an emergency plan under Parts
30, 40, or 70 of Title 10 Code of Federal Regulations or equal to or
greater than applicable amounts specified in items 1, 2 or 3 above,
whichever amount is smaller. [H&SC, §25503.5(a)]
Amounts of CalARP-regulated substances exceeding threshold quantity (TQ)
amounts published in California Code of Regulations (CCR), Title 19,
Division 2, Chapter 4.5, Section 2770.5 or in quantities equal to or
greater than applicable amounts specified in items 1, 2, or 3 above,
whichever amount is smaller. [H&SC, §25533(c)(1)]
Please note: Retail (consumer) products packaged for direct distribution
to, and use by, the public are exempt from HMBP requirements except
where the Public Health Department determines otherwise pursuant to
H&SC, §25503.5(c)(1). The Public Health Department's interpretation is
that materials qualify for this exemption only if the following
requirements are met: (1) The product is not dispensed from containers
at the storage facility; (2) The product is stored in a "retail display
area" as defined by the 1994 California Fire Code (e.g. quarts of oil
sitting in a display area for sale at a service station are exempt, but
oil used by a mechanic in the service bay is not exempt.); (3)
Containers are no larger than 5 gallons (liquids) or 100 pounds
(solids); and (4) Handling of the product does not present unacceptable
risk to public health, safety or the environment.
What if I don't handle any hazardous materials in amounts requiring a
HMBP? Facilities that are not required to complete a HMBP are still
required to complete and submit the BUSINESS ACTIVITIES form and
OWNER/OPERATOR IDENTIFICATION. Note: The Public Health
Department reserves the right to require a HMBP for any facility upon
determination that the manner of use or storage of hazardous materials
is such that additional information is necessary for emergency response
purposes.
What information is required to be submitted with the Hazardous
Materials Business Plan? The HMBP must contain the following elements:
Business Activities
Owner/Operator Identification
Chemical Inventory
Facility Map(s)
(Note that once facility maps are completed they need to be uploaded
to the CERS website.)
Emergency Response Plans & Procedures
Training Certification
Emergency Procedures Poster (Required for waste generators
ONLY)
Hazmat Business Plan Certification form submitted annually via the CERS Business Portal at: http://cers.calepa.ca.gov
Full Hazardous Materials Business Plan and all the above listed forms are required to be completed and submitted electronically via the CERS business portal at: http://cers.calepa.ca.gov
How often do I have to update or recertify my Hazardous Materials
Business Plan? Within 30 days of the occurrence of any of the following
events, the HMBP shall be revised and the revisions submitted electronically by making
changes to your businesses Hazardous Materials Business Plan (HMBP) through the CERS
website http://cers.calepa.ca.gov Your
change(s) will be reviewed for approval by the local Public Health Department through the
CERS website. (1) There is a 100% or more increase in the
quantity of a previously disclosed material; (2) The facility begins
handling a previously undisclosed material at or above the
aforementioned HBMP amounts; (3) The facility changes address; (4)
Ownership of the facility changes; or (5) There is a change of business
name. [H&SC §25510]
Additionally, if the Public Health Department determines that the HMBP
is deficient in any way, the plan shall be revised and the revisions
submitted to the CERS website http://cers.calepa.ca.gov
for Siskiyou County Public Health Department review within 30 days of the notice to submit
a corrected plan. [H&SC §25505]
Without regard to the above events, the owner, operator, or officially
designated representative of the facility must complete and submit through
the CERS website http://cers.calepa.ca.gov
a Hazardous Materials Business Plan Certification Form and the
Owner/Operator Identification form annually. [H&SC §25503.3(c)] The
Hazardous Materials Business Plan Forms are all available through the CERS website
http://cers.calepa.ca.gov. Please call this department at (530) 841-2100 with any questions.
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