Hazardous Materials Business Plan (HMBP)

Firefighters, health officials, planners, public safety officers, health care providers and others rely on the HMBP in an emergency. They use it to prevent or lessen damage to the health and safety of people and the environment when a hazardous material is released. The Hazardous Materials Business Plan Program is also known as the Community Right to Know Program, and any citizen has the right to review these plans upon request.

The HMBP must include:

• Summary of business activities.
• Owner/operator information including emergency contacts.
• The type and quantity of reportable hazardous materials.
• Site map.
• Emergency response procedures.
• Employee training program.

In general, you must submit an HMBP if your business handles and/or stores a hazardous material equal to or greater than the minimum reportable quantities. These quantities are 55 gallons for liquids, 500 pounds for solids and 200 cubic feet (at standard temperature and pressure) for compressed gases. For further information regarding Business Plan minimum reportable quantities other than the quantities referenced above, refer to the Health and Safety Code Division 20 Chapter 6.95.

Exemptions from Filing

You are exempt from the regulations and do not have to file an HMBP if you do not have other reportable hazardous materials and:

• The hazardous materials are contained solely in consumer products at a retail establishment and intended for sale to and use by the public.
• You are a physician, dentist, podiatrist, veterinarian, pharmacist or emergency medical service provider who stores oxygen, nitrogen and/or nitrous oxide in quantities less than 1,000 cubic feet for each material.
• You store 55 gallons or less of any specific type of lubricating oil, and your total quantity does not exceed 275 gallons for all types of lubricating oil (excluding used oil).
• You store no more than 500 gallons of propane that is used for the sole purpose of heating employee work areas, cooking and heating water.
• You store less than 5,000 pounds of a solid hazardous material or less than 550 gallons of a liquid hazardous material that is classified solely as an irritant or sensitizer (see Section 5194 of Title 8 of the California Code of Regulation).
• You store an aggregate capacity of less than 1,320 gallons for either fluid in a hydraulic system or oil-filled electrical equipment that is not contiguous to an electric facility.
• You store less than 1,000 cubic feet of a compressed gas, that is an inert gas with only simple asphyxiation or pressure release hazards, (see Section 5194 of Title 8 of the California Code of Regulations. Examples include nitrogen, argon, helium, neon, etc.), carbon dioxide, non-flammable refrigerant gases used in refrigeration systems, gases used in fire suppression systems.
• The only reportable substance is fuel stored in an emergency generator that will be on-site for 90 days or less, and the business submits an HMBP Exemption Application for Temporary Emergency Generator Deployment and obtains a 90-day CUPA permit. Please note that a CUPA Permit is not required if the temporary emergency generator deployment is less than 30 days. Due to the potential time-sensitive nature of an emergency generator deployment and the permit application approval process, the public is advised to contact the CUPA to request information regarding these permit applications and for the purpose of providing input.

Submitting a Business Plan

• Effective January 1, 2013, all businesses subject to the Hazardous Materials Business Plan Program requirements are required to submit a new or revised HMBP electronically. Our agency established an electronic reporting system for this purpose.
• You must complete and submit an HMBP within 30 days of handling or storing a hazardous material equal to or greater than the minimum reportable quantities.
• You must review, update, and submit or certify the Business Activities, Business Owner/Operator and Hazardous Materials Sections of the HMBP annually.
• You must review, update and submit or certify the entire HMBP every three years.
• You must revise and submit an HMBP within 30 days if your business makes significant changes. Some of these changes include, but are not limited to, new ownership or emergency contacts, major increases or decreases in hazardous materials storage, changes in location of hazardous materials and/or significant operational changes.
• San Mateo County Environmental Health Services periodically inspects businesses to determine if the HMBP is complete and accurate. The inspection also includes a review of emergency response procedures and employee training records.
• If inspectors identify HMBP deficiencies and/or violations during an inspection, the business will receive a Notice to Comply with a specific time frame for corrective actions, typically 30 days.

Call 650-372-6200 for more information.

A Quick Guide to Compliance

I need to submit a Hazardous Materials Business Plan (HMBP)

Please visit CERS – Submit HMBP (State Portal)  for additional information and instructions

I need to fix my site map

A template map can be found below. Alternately, you can design your own map, but it must include ALL of the following features:  North orientation, loading areas, internal roads, adjacent streets, storm and sewer drains, access and exit points, emergency shutoffs, evacuation staging areas, hazardous material/waste handling, storage areas and emergency response equipment (Ex. first aid kit, fire extinguisher, spill kit and fire control equipment). If anything on this list does not apply to your facility, please make a note in the map’s margin, such as “no storm drains located on the property.”  The map must also include a legend describing any symbols used on the map.

I need to notify my property owner

A template letter, “HMBP Property Owner Notification Letter,” can be found below. Complete the letter and mail or e-mail a copy to your property owner. Keep a copy for your records and send a copy to your inspector.

I need to certify my Hazardous Materials Business Plan (HMBP)

If you have an account in CERS (California Electronic Reporting System), you must log on to the system and certify your Business Plan.

• Select “Start/Edit Submittal”
• If there are no changes, select “Create All HMBP Submittal Elements.” If you need to make changes, select the element that needs updating and make the necessary changes. Be sure to submit all elements of the Business Plan to have a compliant submission.
• Select “Submit Selected Elements.”

If you require additional assistance, you may contact cers@calepa.ca.gov for a business training PowerPoint.

I need to train my employees and/or provide documentation

At a minimum, you must review the contents of the HMBP with your employees, particularly the chemical hazard and emergency response portions. This training must be documented ,and the documentation kept for three years. A template form for this training record, Training – Record for HMBP, is provided below.