California HMBP Requirements Have Changed!

California Assembly Bill 1429, which was signed into law in July of 2019, effected a variety of changes in reporting requirements related to Hazardous Materials Business Plans (HMBPs), and we are here to help walk you through them. As of January 1, 2020, many California businesses only need to submit an HMBP into the California Environmental Reporting System (CERS) every three years, instead of annually. Affected businesses will still need to certify the HMBP annually, though. Key points to keep in mind:
  • Businesses that have over 10,000 pounds of hazardous materials (or over 500 pounds of Extremely Hazardous Substances) are subject to Tier II of the federal Emergency Planning and Community Right-to-Know Act (EPCRA) and must continue to submit their HMBP every year.
  • Businesses that have more than 1,320 gallons of petroleum or petroleum products in tanks or tanks systems (55 gallons or greater) are subject to the Aboveground Petroleum Storage Act (APSA) and must also submit annually. Note that this includes oil-filled equipment.
  • Businesses that are not subject to EPCRA Tier II reporting or APSA, but that do store hazardous materials above California threshold amounts, must review and certify their HMBP annually (even if there are no changes) but only need to re-submit their HMBP every three years.
Businesses Subject to EPCRA or APSA Requirements Businesses subject to EPCRA or APSA must continue to submit their HMBP information into CERS annually by the local CUPA submittal date or annually on or before March 1 if there is no locally-established date. Businesses NOT subject to EPCRA or APSA California business that are not subject to EPCRA or APSA but that store more than 55 gallons of a liquid, 200 cubic feet of a gas or 500 pounds of a solid must submit an HMBP – but now, under AB1429, these businesses only need to re-submit their HMBP into CERS every three years.
  • However, there are some exceptions and also some more restrictive local requirements.
In other years, if there are no HMBP changes, these businesses only need to certify that their information in CERS remains the same (unless there are more restrictive local requirements, like a local ordinance that requires an annual HMBP submittal). Businesses should check with their local CUPA for clarification. Businesses must continue to update and resubmit their HMBP within 30 days if there are significant changes, including:
  • A 100% or greater increase for a chemical in the inventory or a reportable quantity of a new chemical.
  • Changes in where or how chemicals are used at the facility that could affect emergency response, changes to business name, ownership or address or other substantive change in operations.
CERS Certification Process To submit the annual certification (if there are no changes):
  • Log into CERS and select business and facility.
  • Click the “Create All HMBP Submittal Elements” option, confirm and submit
For more information, please request our ASSEMBLY BILL 1429 (AB 1429) BUSINESS PLAN SUBMITTAL UPDATE fact sheet from your account manager or by emailing [email protected]. And please do not hesitate to contact us through either of these channels if we can provide any assistance with your HMBP or any other safety or environmental issues! – James Kapin, Director of EM Services
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