Hazardous Materials Business Plan Program
The Hazardous Materials Business Plan (HMBP) program aims to prevent or minimize harm to public health and safety and the environment from a release or threatened release of a hazardous material. This is accomplished by providing emergency responders with the necessary information to effectively protect the public.
The California Environmental Protection Agency (CalEPA) oversees the implementation of the HMBP program at the state level. Certified Unified Program Agencies (CUPAs), and Participating Agencies (PAs), implement the program at the local level and are responsible for enforcement and administration in their respective jurisdictions.
What is a Hazardous Materials Business Plan?
A HMBP contains detailed information that includes the following:
- An inventory of hazardous materials at a facility
- Emergency response plans and procedures to be followed in the event of a reportable release or threatened release of a hazardous material
- Requirements to train employees in safety procedures in the event of a release or threatened release of a hazardous material, including onboarding for new employees and annual refresher courses for existing employees
- A site map that depicts north orientation, loading areas, internal roads, adjacent streets, storm and sewer drains, access and exit points, emergency shutoffs, evacuation staging areas, hazardous material handling and storage areas, and emergency response equipment
Who is Required to Submit a HMBP?
HMBPs must be prepared by any business that handles a hazardous material, a mixture containing a hazardous material (including hazardous waste), or an extremely hazardous substance (as defined in Section 355.61 of Title 40 of the Code of Federal Regulations) at reportable quantities. The general reportable quantities of hazardous materials are equal to or greater than 55 gallons of a liquid, 200 cubic feet of a gas, and 500 pounds of a solid. Certain hazardous materials are exempt from these requirements (refer to California Health and Safety Code section 25507 for more information).
HMBP Annual Certification
As of September 18, 2020, business owners/operators may easily certify HMBP information in the California Environmental Reporting System (CERS) as complete, accurate and, if applicable, meeting EPCRA reporting requirements.
For further information and guidance, please reference:
CalEPA’s CERS Portal Help document (pdf).
Hazardous Materials Business Plan Annual Certification Training Presentation (AB1429) (pdf)
Hazardous Materials Business Plan Annual Certification (AB1429) Training, January 2021 (pdf)
HMBP Program Updates
December 27, 2022:
CalEPA has issued an update to the regulated community subject to regulation under the Hazardous Materials Business Plan (HMBP) program regarding Assembly Bill (AB) 2059. The CalEPA update on AB 2059 can be found HERE.
AB 2059 was approved on September 13, 2022 and is effective on January 1, 2023. This bill amends the California Health and Safety Code (HSC), Chapter 6.95 Hazardous Materials Release Response Plans and Inventory, sections 25500, 25501, and 25507 and adds sections 25507.5 and 25508.3.
In summary, the bill expands the scope of hazardous materials subject to regulation by narrowing the definition of “consumer product”. The bill requires a “supplier”, as defined, that sells or provides a certain amount of hazardous materials meeting certain requirements to a business in the state in certain quantities to maintain records containing specified information regarding the sale or provision of the hazardous materials for a minimum of one year and requires suppliers to make those records available to a Unified Program Agency (UPA) within 5 days when requested. The bill, except as provided, requires a handler subject to the business plan requirement, if directed by a UPA during an investigation or inspection, to notify the UPA if hazardous materials in certain quantities are to be removed from the storage or handling location and transferred to another location, and to disclose to the UPA certain information regarding the transfer.
If you have any general questions regarding AB 2059, please contact CalEPA at HMBP@calepa.ca.gov. If you have any questions or need further clarification on how AB 2059 will be implemented in your jurisdiction, or have questions regarding the reporting of hazardous materials on a Business Plan, please contact your Unified Program Agency using the Unified Program Regulator Directory.
California State law: California Health and Safety Code, Division 20, Chapter 6.95, Article 1 [25500-25519]
California State Regulations: California Code of Regulations, Title 19, Division 2, Chapter 4
If you have any questions regarding the HMBP program, please contact the program at HMBP@calepa.ca.gov.