Hazardous Materials Business Plan (HMBP)
The Hazardous Materials Business Plan (HMBP) program was established to prevent or minimize the damage to public health and safety and the environment from a release or threatened release of hazardous materials. It also satisfies community right-to-know laws. The plan requires businesses that handle hazardous materials in quantities equal to or greater than 55 gallons of a liquid, 500 pounds of a solid, 200 cubic feet of compressed gas, or extremely hazardous substances above the threshold planning quantity (40 CFR, Part 355, Appendix A) to develop, implement and electronically submit a Hazardous Material Business Plan in the California Environmental Reporting System (CERS). Please confirm if you meet the threshold reporting requirements HERE.
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.
This is a list of 12 YES or NO questions related your facility's operations that will determine which CUPA programs your facility will be subject to.
Business Owner/Operator Information
- Ensure that Business Owner information is entered as the LLC or corporation, if applicable. Do not use an individual's name if the business is owned by an LLC or corporation.
- Billing contact information is where the permit and invoice will be sent.
Hazardous Materials Inventory
In this section, you will disclose an inventory of the chemicals you handle in quantities that exceed the reportable threshold. For specific information regarding each material you can reference the material's Safety Data Sheet.
Reportable thresholds for hazardous materials and defined in HSC 25507. The thresholds are determined based on the physical state of the material (solid, liquid, or gas). Below are the basic thresholds for each physical state.
- Solids - 500 pounds
- Liquids - 55 gallons
- Gases - 200 cubic feet
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 linked below. 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 HMBP's include employee training in safe handling procedures and emergency response plans and procedures. Employees are required to be trained initially and annually thereafter. The Emergency Response/Contingency Plan Form linked above has an Employee Training section (section I) that satisfies your electronic reporting requirements, meaning if you complete this section of the form, you do not need to upload additional documents for employee training. However, you are required to maintain on-site training logs for a minimum of three (3) years.
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
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, Sections 120 and 120.1.4
200 N Main Street, Room 1780
Los Angeles, CA 90012
Phone: (213) 978-3680
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.