Changes to the Hazardous Materials Business Plan (HMBP) and California Accidental Release Prevention (CalARP) Title 19 Regulations

On March 6, 2024, the Office of Administrative Law (OAL) approved a rulemaking package that was submitted by CalEPA pursuant to California Code of Regulations, title 1, section 100.  This rulemaking package was filed with the Secretary of State on March 6, 2024.

The changes reflected in the rulemaking were needed as a result of Assembly Bill 148 (Chapter 115, Statutes of 2021), which transferred the responsibility for the HMBP and CalARP programs from the California Governor’s Office of Emergency Services (Cal OES) to CalEPA.

CalEPA amended and relocated portions of California Code of Regulations, title 19, division 2, chapters 4 and 4.5 into a new division 5.  CalEPA has also revised cross-references and added and deleted definitions.  These updates do not materially alter any requirement, right, responsibility, condition, prescription, or other regulatory element.

The documents below identify the changes to title 19 that were approved by OAL. All updates to title 19 are effective as of March 6, 2024.

• Final Regulatory Text (underline/strikeout version) – HMBP
• Final Regulatory Text (underline/strikeout version) – CalARP

CalEPA has created a “regulatory crosswalk” which outlines the numbering of title 19 prior to and after the amendments became effective. Please see Guidance Document 24-01 for the regulatory crosswalk.

If you have any questions or concerns, please contact Elizabeth Brega at Elizabeth.Brega@calepa.ca.gov.

Proposed Changes to Hazardous Materials Business Plan (HMBP) and California Accidental Release Prevention (CalARP) Regulations

On January 25, 2024, CalEPA proposed changes to the HMBP and CalARP regulations by submitting a rulemaking package to the Office of Administrative Law (OAL) pursuant to California Code of Regulations, title 1, section 100.  The changes are needed as a result of Assembly Bill 148 (Chapter 115, Statutes of 2021), which transferred the responsibility for the HMBP and CalARP program from the California Governor’s Office of Emergency Services (Cal OES) to CalEPA.

As further articulated in the Explanatory Statement (see link to the document below), CalEPA proposed to amend and relocate portions of California Code of Regulations, title 19, division 2, chapters 4 and 4.5 into a new division.  CalEPA also proposed, among other things, to revise cross-references and add and delete definitions.  While the changes to California Code of Regulations, title 19 are numerous, it is CalEPA’s position that they will not materially alter any requirement, right, responsibility, condition, prescription, or other regulatory element.

The following documents were submitted to OAL for review and approval:

• Explanatory Statement
• Form 400 attachment (sections affected)
• Proposed Regulatory Text (underline/strikeout version) – HMBP
• Proposed Regulatory Text (underline/strikeout version) – CalARP

OAL has 30 days from the date of submission to determine whether the submission is a change without regulatory effect. After OAL has completed its review of the submission, OAL will send a written notification of the determination to CalEPA. If OAL determines that the submitted change is a change without regulatory effect, OAL will file the changes with the Secretary of State and have it published in the California Code of Regulations.

If the submission is approved by OAL, CalEPA will work closely with Unified Program Agencies to implement the new regulatory changes.

If you have any questions or concerns, please contact Elizabeth Brega at Elizabeth.Brega@calepa.ca.gov.

Assembly Bill 1716 – Amendments to HSC Chapter 6.95
December 28, 2023

CalEPA has issued an update to the regulated community subject to regulation under the Hazardous Materials Business Plan (HMBP) program regarding Assembly Bill (AB) 1716. View the CalEPA update on AB 1716.

AB 1716 was approved by the Governor on September 22, 2023, and is effective on January 1, 2024. This bill amends the following California Health and Safety Code (HSC), Chapter 6.95 Hazardous Materials Release Response Plans and Inventory provisions:

• Article 1 Business and Area Plans, Sections 25505 and 25507

If you have any general questions regarding the AB 1716 changes to HSC, Chapter 6.95, Article 1, Sections 25505 and 25507, please contact CalEPA at HMBP@calepa.ca.gov. 

If you have any questions or need further clarification on how AB 1716 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.

Submittal Due Dates for The Hazardous Materials Business Plan Program; Guidance Document 23-01

September 12, 2023

CalEPA has issued a guidance document entitled “Submittal Due Dates for The Hazardous Materials Business Plan Program”. The purpose of this guidance is to summarize the requirements regarding submittal due dates for the Hazardous Materials Business Plan (HMBP) and to provide guidance to Unified Program Agencies (UPAs) and the regulated community for complying with all applicable requirements.

The guidance document can be found here.  

If you have any questions regarding this guidance document, please contact CalEPA at HMBP@calepa.ca.gov.

Interim Advisory on Handling and Management of Alcohol-based Hand Sanitizer

March 16, 2023

CalEPA, in conjunction with the Department of Toxic Substances Control (DTSC), has issued the “Interim Advisory on Handling and Management of Alcohol-based Hand Sanitizer”. The CalEPA and DTSC Interim Advisory on Handling and Management of Alcohol-based Hand Sanitizer can be found here.

In summary, the coronavirus pandemic triggered the need for large volumes of alcohol-based hand sanitizer for businesses, schools, and other entities across California. Some of these entities procured alcohol-based hand sanitizer in excess of need and could not consume or manage the excess material. Alcohol-based hand sanitizer generally has a high alcohol content (usually at least 60%). Much of that alcohol-based hand sanitizer is now expiring. Alcohol-based hand sanitizer may be considered a hazardous material, and additionally, an ignitable hazardous waste once it is no longer usable for its intended purpose. This advisory discusses the requirements for the handling of alcohol-based hand sanitizer as a hazardous material subject to regulation under the Hazardous Materials Business Plan (HMBP) program. Additionally, this advisory discusses the requirements for management of alcohol-based hand sanitizer as a retrograde material or hazardous waste.

If you have any questions regarding the handling of alcohol-based hand sanitizer as a hazardous material, please contact CalEPA at HMBP@calepa.ca.gov.

If you have any questions regarding the management of alcohol-based hand sanitizer as a hazardous waste, please contact DTSC’s Regulatory Assistance Office at 800-728-6942 or email RAO@dtsc.ca.gov.

Assembly Bill 2059 – Amendments to HSC Chapter 6.95

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. View the CalEPA update on AB 2059.

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.

Legal Authority

California State Law: California Health and Safety Code, Division 20, Chapter 6.95, Article 1, Sections 25500 to 25519

California State Regulations: California Code of Regulations, Title 19, Division 5, Chapter 1, Sections 5010.1 to 5040.2

If you have any questions regarding the HMBP program, please contact the program at HMBP@calepa.ca.gov.