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Published on June 28, 2017. Last modified on September 12, 2018
Hazardous Materials program
State and Federal Community-Right-to-Know laws were passed in response to the 1984 chemical disaster in Bhopal, India. These laws allow the public access to information about the amounts and types of chemicals in use at local businesses and they require the businesses to plan and prepare for possible chemical emergencies. The local CUPA (Certified Unified Program Agency) which is the Monterey County Environmental Health Bureau, administers this program and acts as the repository of this information.
A Hazardous Material Business Plan (HMBP) is a document containing detailed information on the:
- Inventory of hazardous materials at a facility
- Emergency response plans and procedures in the event of a reportable release or threatened release of a hazardous material
- Training for all new employees and annual training, including refresher courses, for all employees in safety procedures in the event of a release or threatened release of a hazardous material.
- A site map that contains 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.
The intent of the HMBP is to:
- Provide basic information necessary for use by first responders to prevent or mitigate damage to the public health and safety and to the environment from a release or threatened release of a hazardous material
- Satisfy federal and state Community Right-To-Know laws.
The State of California requires an owner or operator of a facility to complete and submit a HMBP if the facility handles a hazardous material or mixture containing a hazardous material that has a quantity at any one time during the reporting year equal to or greater than:
- 55 gallons (liquids), 500 pounds (solids), or 200 cubic feet for a compressed gas
The State of California [Health & Saf. Code sec 25508] requires all HMBPs to be submitted electronically to the California Environmental Reporting System (CERS) which can be found at - http://cers.calepa.ca.gov.
Forms and worksheets
Health and Safety Code (HSC) §25504(b) requires that Hazardous Materials Business Plans (HMBP) contain Emergency Response Plans and Procedures in the event of a reportable release or threatened release of a hazardous material. HSC §25504(c) requires that HMBPs address training of employees in safety procedures in the event of a reportable or threatened release.
Prior to completing this Plan, please refer to the INSTRUCTIONS FOR COMPLETING A CONSOLIDATED CONTINGENCY PLAN
Complete This Map and Use the “Upload Document” Feature in CERS to Complete Your HMBP for Electronic Submittal
Hazardous Materials Program FAQs
A. No, not at this time. While you will need to contact the Environmental Health Bureau for a Food Handling permit, you will not need a Hazardous Materials Management permit and do not need to register or submit in CERS.
A. Many common materials that many business handle have well known properties that make them hazardous. For example, gas, diesel and paint thinner are flammable. Pesticides are toxic. The California Occupational Safety and Health Regulations, Chapter 3.2, Subchapter1, Article 5, Section 339 contains an extensive list of hazardous materials. It is often easier, however, to simply check your material’s properties using it’s SDS sheet. If it is corrosive, toxic or flammable it is probably a hazardous material. Also, if the material has special handling requirements that may make it a risk to fire fighters and emergency responders it is probably hazardous. If you are still in doubt, contact the Hazardous Materials Management Service to discuss. But remember, even if your business handles a hazardous material, you do not need a Hazardous Material Permit unless you store those materials above the threshold quantities. See “How do I know if I need a permit for my facility” for information about threshold quantities.