CUPA Threshold Reporting Requirements

CUPA THRESHOLD REPORTING REQUIREMENTS

(THIS INFORMATION IS ONLY DESIGNED TO ASSIST AND DOES NOT REPLACE ANY EXISTING LOCAL, STATE, AND FEDERAL LAWS)


USE THIS PAGE TO HELP DETERMINE IF YOUR BUSINESS SHOULD BE REPORTING ITS HAZARDOUS MATERIAL INVENTORIES


Click the link provided below that matches your industry type to assist you in determining whether or not your facility stores hazardous materials in amounts that are required to be reported to the statewide database, CERS.  The following information has been created to help businesses identify common hazardous materials that are required to be reported.  If you do not feel comfortable making the determination, please feel free to use one of the consultants provided on this LIST.  If you think you might already be in the program, please confirm HERE prior to creating a new submission.  If you meet the reporting thresholds, you will be required to submit a Hazardous Material Business Plan in CERS.  Click HERE to create a CERS account.   Please remember that you need to update this information at minimum, once a year (annually) between Jan 1st and March 1st.  In addition, you will need to update CERS whenever the inventory has changed more than 100% or any other pertinent information has changed.  Most businesses are only required to review and update CERS once a year.  While CERS is a free service, the City of Los Angeles CUPA is required to permit all locations that store reportable amounts of hazardous materials.  Permits and invoices will be generated and issued based on the Facility Information and Hazardous Material Inventory provided in CERS.

 

 

---FREQUENTLY ASKED QUESTIONS ---

Why do I need to report hazardous materials to the CERS site? 

To answer the question simply - it saves lives!  All the information you report can be viewable to the Los Angeles City Fire Department.  In the case of an emergency, they are able to see the chemicals and the locations in which they are stored.  

What will happen if I do not report? 

Health and Safety Code Chapter 6.95 reads the following:

25515 (a) A business that violates section 25504 to 25508.2, inclusive, or Section 25511, shall be civilly liable to the unified program agency in the amount of not more than two thousand dollars ($2,000) for each day in which the violation occurs.  If the violation results in, or significantly contributes to, an emergency, including a fire, the business shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of the hazardous materials. 

(b) A business that knowingly violates Section 25504 to 25508.2, inclusive, or Section 25510.1, after reasonable notice of the violation shall be civilly liable to the unified program agency in an amount not to exceed five thousand dollars ($5,000) for each day in which the violation occurs.  

How long will this take me to complete? 

Well, this answer really depends on how proficient you are with a computer.  We recommend this be completed by someone with basic computer skills.  It can be completed in as quick as an hour or as long as a couple of days.  If you would prefer not to deal with any of it, please feel free to use one of the CONTRACTORS provided.   

Why have I never been told of this program before? 

As a business owner, we understand it is sometimes difficult to keep up with all the rules!  The hazardous materials reporting program began back in 1996.  For many years,  it was required that businesses send  hardcopy paper versions to the local CUPA.  This changed in 2013 when CERS was created.  With the creation of CERS, it was required that everything be reported electronically in lieu of hardcopy paper versions.

Does my business have an exemption to this reporting? 

The following is a list of common exemptions from the health and safety code.  Items that meet these exemptions do not require reporting to CERS.  Many business meet exemptions with some items but still require reporting on others.  Please pay special attention as this can cause your business to run into issues if you are required to report but do not.   

  • Mixtures consisting of less than 1% of a hazardous material or 0.1% for carcinogens (all amounts exempt)
  • Compressed air used for emergency response and safety (all amounts exempt)
  • Consumer products in retail establishment (not counting those stored at a distribution center, physically separate warehouse, manufacturing facility, or where a product is dispensed) (This does not include facilities wholesaling the product)
  • Extremely hazardous substances, as defined by the code of federal regulations, title 40 355.61 (Threshold planning quantity Appendix A, Appendix B or part 355 or 500 pounds, whichever is less)
  • Simple asphyxiants (nitrogen, helium, argon, neon, krypton, xenon) and mixtures of these gasses containing 21% or less of oxygen (1,000 Cubic feet)
  • Carbon Dioxide (1,000 Cubic feet)
  • Oxygen, nitrogen, and nitrous oxide used at a health service facility (medical, veterinary, etc) (1,000 cubic feet each)
  • Nonflammable refrigerants gases used in a refrigeration system (1,000 cubic feet)
  • Gases in closed fire suppression systems (1,000 cubic feet)
  • Refrigerants in a closed cooling system (not including ammonia or flammable gases) that is used for comfort cooling or to cool computer rooms (all amounts exempt)
  • Fluid in a hydraulic system (all amounts exempt, if aggregate storage of oil at the facility is less than 1,320 gallons
  • Irritants and sensitizers (550 gal if liquid, or 5,000 lbs if solid)
  • Oil-filled electrical equipment not contiguous to an electric facility (all amounts exempt, if aggregate storage of oil at the facility is less than 1,320 gal)
  • Recyclable paint (10,000 lbs solid or 1,000 gal liquid)
  • Propane used for cooking, heating employee work areas, or heating water at a business (>500 gal)
  • Radioactive materials (Reportable if handled in quantities requiring an emergency plan per Schedule C of Part 30, Part 40, or Part 70 of 10 CFR Chapter 1)
  • Combustible metal or metal alloy defined as a combustible dust, flammable solid, or magnesium (100 pounds)

 

---Things to remember if you meet the hazardous materials threshold for reporting---

- At minimum, you will be required to report once a year (annually) between Jan 1st and March 1st.  Mark this deadline on your calendar as you will not be reminded.

- Three sections will need to be completed within CERS if reporting hazardous materials (the Facility Information, Inventory, and Plans section).  This will make more sense once you have created your account and begun your reporting.  All three sections need to be re-submitted or certified annually between Jan 1st and March 1st.

- You will be required to maintain a CUPA permit.  The invoice will be mailed and sent out to your business once a year (annually) once you have completed your CERS reporting. Once the invoice has been paid, you will receive the permit in the mail which can then be posted at the business.  

 

 

 

 

 

 

 

 

CUPA QUICK LINKS 

  Obtain a Permit Online Payment Portal Instructional Videos
  Hazardous Waste Report a Release Public Records
  Underground Storage Tanks (UST) Hazardous Materials CALARP
  Above Ground Storage Tank (APSA) CUPA Main Page FAQ'S

 


CONTACT US

Email: lafdcupa@lacity.org

  ATTN: LAFD CUPA
  200 N Main St,
  Los Angeles, CA 90012

 

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