Click on the Question Below to Jump to the Answer
(1) What is a CUPA?
(2) What are the environmental programs under the authority of the CUPA?
(3) Am I subject to CUPA oversight?
(4) What is a Hazardous Materials Business Plan (HMBP)?
(5) Who must file a Hazardous Materials Business Plan?
(6) What is included in a Hazardous Materials Business Plan?
(7) What is the Business Plan information used for?
(8) When does a Hazardous Materials Business Plan (HMBP) need to be filed?
(9) How often does the Hazardous Materials Business Plan (HMBP) need to be updated or recertified?
(10) Are there any exemptions from the Hazardous Materials Business Plan (HMBP) requirement?
(11) What is a hazardous material?
(12) How do I know when a material is considered hazardous?
(13) What are some examples of typical hazardous materials?
(14) What Is A Hazardous Waste?
(15) What are some examples of typical hazardous wastes?
(16) What are the advantages of on-line submittal?
(17) What if I fail to establish and submit a Business Plan to the CUPA?
(18) What is an EPA Identification Number?
(19) How do I know if I need an EPA Identification number?
(20) Are Agriculturalists required to prepare a Business Plan?
(21) How did the Agriculture Hazardous Materials program come about?
(22) What do I have to do to comply with the Agriculture Hazardous Materials program?
(23) I don't store any hazardous materials, why am I being billed?
(24) What can I do to obtain an exemption from reporting?
(25) How long do I need to store to be in this program?
(26) What are the standards for storage of fuel? Is there a containment system needed?
(27) Where can I get more information about the State Site Surcharge Fee?
(28) What State Agencies oversee this regulatory program?
(29) What is household hazardous waste?
(30) What is Universal Waste?
(31) Because Lead Acid Batteries contain an EHS (sulfuric acid) as well as other materials (lead and lead components, how should they be entered on the Chemical Inventory Form?
(32) What should be entered for the weight of a Lead Acid Battery, the weight of the electrolyte or the weight of the entire battery?
(33) Hazardous Materials Business Plan Flowchart
(34) Frequently Asked Question list from OES
(35) Frequently Asked CalARP Question list from OES
(36) Legal Citations
(37) Additional Links
(1) What is a CUPA?
CUPA stands for Certified Unified Program Agency. A CUPA is a local agency that has been certified by Cal EPA to implement and regulate the state environmental programs within the local agency’s jurisdiction. The unified program is the consolidation of six environmental program elements under the authority of one regulatory agency.
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(2) What are the environmental programs under the authority of the CUPA?
• Hazardous Materials Business Plan—Hazardous Material inventory must be reported.
• Hazardous Waste Generator Program—generators must have a written authorization to generate and store.
• Tiered Permitting—regulates the on-site treatment of hazardous waste.
• Underground Storage Tank Program—operating permits are issued.
• Aboveground Storage Tank Program— A Spill Prevention Control and Countermeasure (SPCC) Plan is required.
• California Accidental Release Prevention Program (CalARP) —requires that facilities storing acutely hazardous materials prepare a Risk Management Plan (RMP).
• Remediation Oversight—directing assessment and cleanup of hazardous materials/wastes.
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(3) Am I subject to CUPA oversight?
You are subject to CUPA oversight if your operations falls into any of the categories listed below:
• Hazardous Materials Business Plan Program : when a business or entity handles or stores hazardous materials/wastes at or above threshold quantities (see below).
Title 40 - Protection of the Environment-see Appendix A or B or see the Threshold Quantities Planning Table (PDF)
• Hazardous Waste Generator Program : when a business or entity generates ANY quantity of hazardous waste, they must obtain a written authorization from the CUPA. http://www.dtsc.ca.gov/HazardousWaste/upload/HWM_FS_Generator_Requirements.pdf
• Tiered Permitting Program : when a business or entity will treat hazardous waste on-site, they must obtain a permit from the CUPA. http://www.dtsc.ca.gov/HazardousWaste/Tiered_Permit_Guidance.cfm
• Underground Storage Tank Program : when a business or entity has any UST used for the storage of hazardous substances, a permit is required to be obtained from the CUPA, unless otherwise exempted. http://www.swrcb.ca.gov/water_issues/programs/ust/
• Aboveground Storage Tank Program: when a business or entity has an AGT that meets or exceeds the following thresholds, a Spill Prevention Control and Countermeasures plan is required to be prepared and implemented, and a copy is requested to be provided to the CUPA. The thresholds are as follows:
General use AGTs 1,320 gallons or greater
Agriculture use AGTs greater than 20,000 gallons or a cumulative capacity greater than 100,000 gallons
http://www.calepa.ca.gov/CUPA/Aboveground/
• California Accidental Release Prevention Program : when a business or entity handles Acutely Hazardous Material (AHM) at or above the threshold planning quantities, they are required to submit a Risk Management Plan to the CUPA. http://www.oes.ca.gov/Operational/OESHome.nsf/PDF/CalARPregs/$file/CalARPregs.pdf
• Remediation Oversight : a release of hazardous materials requires a responsible party to notify the CUPA of the release. The CUPA will require an assessment and a cleanup of the release.
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(4) What is a Hazardous Materials Business Plan (HMBP)?
A Hazardous Materials Business Plan (HMBP) is a series of documents with detailed information about a facility that handles or stores hazardous materials/hazardous waste above specific threshold quantities, and about each specific hazardous material at that facility. It assists Emergency Responders in identifying your hazardous materials and their storage locations in the event of an emergency.
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(5) Who must file a Hazardous Materials Business Plan?
The owner or operator of any business that handles or stores hazardous material/waste equal to or above threshold quantities must file a HMBP. The thresholds are as follows:
* 55 gallons of liquid * 200 cubic feet of gas * 500 pounds of solid
* Radioactive materials (where an emergency plan is required by Federal Law)
* Extremely Hazardous Substances (at or above the threshold planning quantities)
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(6) What is included in a Hazardous Materials Business Plan?
The following forms comprise a complete Hazardous Materials Business Plan:
(Click on the form to open it in Adobe Acrobat PDF.
If you would like instructions or the form in Word format, please go to the Business Plan Form Submittal page )
Form S - Business Owner/Operator Identification
Facility Information and Business Activities
Form I - Chemical Inventory
Form M - Site Map Template
Form E - Emergency Response Plan
Form T - Employee Training Program
Business Plan Certification Form
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(7) What is the Business Plan information used for?
The Business Plan chemical inventory reporting forms provides essential information to the county’s “first responders” of what hazardous materials are handled at the facility. Additionally, the establishment of a Business Plan satisfies both state and federal Community Right-to-Know Act, which provides public access to what hazardous materials are handled in their community.
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(8) When does a Hazardous Materials Business Plan (HMBP) need to be filed?
All new businesses that meet the filing (disclosure) requirements, or at the time the business first begins to handle or store hazardous material/hazardous waste must submit a HMBP.
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(9) How often does the Hazardous Materials Business Plan (HMBP) need to be updated or recertified?
After the initial submission, businesses must review and recertify the HMBP by March 1 st of every year. The HMBP must be amended within 30 days if there is a 100% or greater increase in the quantity of a hazardous material/hazardous waste; if the business begins handling a previously undisclosed hazardous material/hazardous waste meeting the reportable quantities; or upon a change of business name, ownership, or address.
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(10) Are there any exemptions from the Hazardous Materials Business Plan (HMBP) requirement?
Facilities can be exempted from filing a HMBP for several reasons. When a facility does not handle, store or use hazardous materials above the threshold quantities, they are exempt. There are additional exemptions for specific types of facilities. Click here to view a flowchart to assist in determining your reporting status, or go to the County of San Luis Obispo Hazardous Materials Webpage .
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(11) What is a hazardous material?
Any material that, because of quantity, concentration, or physical or chemical characteristics, poses a significant present or threatened hazard to human health and safety or to the environment, if released into the workplace or the environment [Health and Safety Code, Section 25501(0)]. (All hazardous waste is considered to be a hazardous material.)
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(12) How do I know when a material is considered hazardous?
In general, a material can be considered hazardous if it is flammable, ignitable, corrosive or toxic. A rule of thumb to remember: if the chemical has a warning label or if the manufacturer provides a Material Safety Data Sheet (MSDS), it is generally considered to be hazardous.
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(13) What are some examples of typical hazardous materials?
Typical hazardous material examples include photographic chemicals, motor oil, antifreeze, paint, solvent, carbon dioxide, oxygen, propane, gasoline, chlorine, nitrogen, argon, diesel, ammonium, sulfur, TCE, PCE.
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(14) What Is A Hazardous Waste?
A hazardous waste is any substance that exceeds regulatory thresholds or standards as verified by a hazardous waste determination or is a listed hazardous waste. Hazardous wastes threaten human health or the environment. Hazardous wastes may be solid, liquid or sludge. They may be the by-products of manufacturing processes or unwanted commercial products. By definition a waste may be hazardous if it is specifically listed or it has at least one of these characteristics: ignitable (flammable), corrosive to metal and tissue, reactive (explosive), and toxic or damaging to living organisms.
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(15) What are some examples of typical hazardous wastes?
Typical hazardous wastes include waste oil, waste antifreeze, paint, solvents, coolant materials, silver cyanide, benzene, acrylonitrile, formaldehyde, mercury, toluene.
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(16) What are the advantages of on-line submittal?
The advantages of submitting your Hazardous Materials Business Plan include the following:
*Allows for daily updates of HMBP submissions (new plans, updates to existing plans) to emergency responders
*Provides more accurate emergency response capabilities
*Reduction in paperwork, mailing time and postage fees
*Updates can be made to previously submitted forms
*Updates, annual certifications and changes to the plan may be submitted at any time
*Your submittal may be printed at any time
*Decreased time for review, approval and updating the plan by the CUPA
*Provides easy verification that the CUPA has the correct and up to date data on your facility
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(17) What if I fail to establish and submit a Business Plan to the CUPA?
Businesses that fail to establish and submit a Business Plan place their employees, the public and emergency responders at greater risk of injury from a hazardous material incident. Under state law, penalties can range up to $5,000 per day, and under federal law, penalties can range up to $75,000 per day.
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(18) What is an EPA Identification Number?
An Environmental Protection Agency Identification Number, or EPA ID, is required for every non-household generator of hazardous waste. The EPA ID tracks the generation, transportation, and disposal of hazardous wastes (cradle to grave). EPA ID numbers are site/location specific. This number is permanent and there should only be one number for each address, unless you have both a federal and a state number.
An EPA ID Number consists of a three-letter prefix followed by nine digits. EXAMPLE: CAL 000 123 456
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(19) How do I know if I need an EPA Identification number?
If your business generates hazardous waste, you are required to obtain an EPA Identification number. Additional information regarding EPA Identification numbers can be found by calling 1-800-618-6942 or by going online at: www.dtsc.ca.gov/IDManifest/ID_Numbers.cfm
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(20) Are Agriculturalists required to prepare a Business Plan?
Agriculturalists are required to annually report their chemical inventory, placard buildings storing hazardous materials appropriately, develop an emergency response plan and train employees on spill prevention and cleanup procedures, anticipate and allow site inspection at least once every three years.
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(21) How did the Agriculture Hazardous Materials program come about?
California Health and Safety Code, Chapter 6.95 was adopted in 1987 to minimize potential firefighter exposures to hazardous materials when responding to an emergency at businesses. This law required an annual inventory, posting of buildings, and a spill response training plan. In 1994 the Governor and Legislature enacted a law that mandated the State of California to designate a single local agency in each county to administer six hazardous material programs including the hazardous material disclosure program. This law mandated the State of California to audit each local agency every three years.
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(22) What do I have to do to comply with the Agriculture Hazardous Materials program?
Complete the annual hazardous material reporting form for hazardous materials stored over the reportable thresholds annually, placard buildings appropriately, develop a training plan and train employees on your spill cleanup procedures, and anticipate and allow a site inspection every three years.
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(23) I don’t store any “hazardous materials”, why am I being billed?
Hazardous materials include gasoline, diesel , waste oil, fertilizers, pesticides, and other hazardous substances. Most growers are affected by this program because they store fuel (not just pesticides). A 250 gallon propane tank used to heat a residence is exempt from reporting requirements. However, propane used to heat buildings involved in the farming operation (e.g. shop buildings and drying sheds) must be reported. If you don’t store materials over threshold amounts, you don’t need to pay but you must contact the CUPA. Staff may inspect the site before removing you from the list and removing you from the billing.
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(24) What can I do to obtain an exemption from reporting?
You can reduce the quantity of hazardous materials you store to less than 55 gallons of liquid, 500 pounds of solid, or 200 cubic feet of compressed gases and generate no hazardous waste.
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(25) How long do I need to store to be in this program?
The code states that storage of hazardous materials equal to or in excess of 55 gallons of liquid, 500 pounds of a solid or 200 cubic feet of a compressed gas stored on site at any time is subject to the requirements of this program. The 30 day exemption is only for transportation such as rail yards and marine freight facilities. Remember, the goal of this program is to protect emergency response agencies responding to an emergency on your property by informing them of hazardous materials stored on the property for any length of time (e.g. one week, two weeks, or long term).
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(26) What are the standards for storage of fuel? Is there a containment system needed?
Since fuels are hazardous materials, you are required to report storage of 55 gallons, the same as for any other chemical. You are required to place signs on any building containing petroleum fuels. The fire department/fire districts may enforce the California Fire Code in San Luis Obispo County. The California Fire Code specifies secondary containment to be at least 110 percent of the volume of the largest tank.
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(27) Where can I get more information about the State Site Surcharge Fee?
California Environmental Protection Agency is the agency that oversees the implementation of this fee and their telephone number (916) 327 - 9559 and their website is www.calepa.ca.gov/CUPA . The State of California collects this fee to cover the costs of the state agencies overseeing hazardous material programs.
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(28) What State Agencies oversee this regulatory program?
The California Environmental Protection Agency (Cal EPA) has the overall administration of the hazardous material regulatory program. Additionally, the State Office of Emergency Services has jurisdiction over the hazardous material disclosure and writes the regulations governing this program. You can contact Cal EPA at (916) 327-9559 or at their website www.calepa.ca.gov/CUPA . The California Emergency Management Agency formerly (OES) telephone number is (916) 845-8741 and their website is www.oes.ca.gov .
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(29) What is household hazardous waste?
Household hazardous waste is "any hazardous waste generated incidental to owning or maintaining a place of residence. Household hazardous waste does not include any waste generated in the course of operating a business concern at a residence.” (California Health and Safety Code Section 25218.1 (e)) See the SLO Integrated Waste Management Authority website for a listing of materials/waste types ( http://www.iwma.com ).
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(30) What is Universal Waste?
Universal wastes are hazardous wastes that are more common and pose a lower risk to people and the environment than other hazardous wastes. Federal and State regulations identify universal wastes and provide simple rules for handling, recycling, and disposing of them. The regulations, called the “Universal Waste Rule,” are in the California Code of Regulations, title 22, division 4.5, chapter 23.
For more information on Universal Waste please refer to the following links:
California Department of Toxic Substance Control - Universal Waste
www.dtsc.ca.gov/HazardousWaste/UniversalWaste
Managing Universal Waste in California
www.dtsc.ca.gov\/HazardousWaste/UniversalWaste/upload/UniversalWfactsheetfinal.pdf
California Integrated Waste Managment
www.ciwmb.ca.gov
FedCenter - Universal Waste
www.fedcenter.gov/assistance/facilitytour/hazardous/universal/
Electronic Code of Federal Regulations
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title40/40cfr273_main_02.tpl
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(31) Because Lead Acid Batteries contain an EHS (sulfuric acid) as well as other materials (lead and lead compounds, how should they be entered on the Chemical Inventory form?
On ONE inventory form, list the common name as Lead Acid Batteries. List the lead and the acid as hazardous components. DO NOT list the sulfuric acid on one inventory form and use another form for the lead and lead compounds.
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(32) What should be entered for the weight of a Lead Acid Battery, the weight of the electrolyte or the weight of the entire battery?
The weight of the entire battery should be used.
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(33) Hazardous Materials Business Plan Flowchart ( Click this link )
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(34) Frequently Asked Question list from OES
http://www.oes.ca.gov/WebPage/oeswebsite.nsf/ClientOESFileLibrary/Hazardous Materials/$file/FAQ Business Plan 040208.pdf Top of Page
(35) Frequently Asked CalARP Question list from OES
http://www.oes.ca.gov/WebPage/oeswebsite.nsf/ClientOESFileLibrary/Hazardous Materials/$file/FAQ calARP 08-09-2006.pdf
http://www.epa.gov/oem/content/rmp/rmp_comp.htm
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(36) Legal Citations
Hazardous Materials Release Response Plans and Inventories (HMBP) Program
California Health & Safety Code, Division 20, Chapter 6.95, Article 1
California Code of Regulations, Title 19, Sections 2620 – 2732
California Fire Code: Hazardous Materials Management Plans (HMMP) and Hazardous Materials Inventory Statements
California Code of Regulations, Title 27, Division 2, Chapter 4.5
Hazardous Waste Generator and Onsite Hazardous Waste Treatment (tiered permitting) Programs
California Health & Safety Code, Division 20, Chapter 6.5
California Code of Regulations, Title 22
California Accidental Release Prevention (CalARP) Program
California Health & Safety Code, Division 20, Chapter 6.95, Article 2
California Code of Regulations, Title 19, Sections 2735 – 2785
Underground Storage Tank (UST) Program
California Health & Safety Code, Division 20, Chapter 6.7
California Code of Regulations, Title 23
Aboveground Petroleum Storage Act Requirement for Spill Prevention, Control and Countermeasure (SPCC) Plans
California Health & Safety Code, Division 20, Chapter 6.67, Sections 25270 – 25270.13
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(37) Additional Links
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