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.
- However, there are some exceptions and also some more restrictive local requirements.
- 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.
- Log into CERS and select business and facility.
- Click the “Create All HMBP Submittal Elements” option, confirm and submit