California’s Hazardous Materials Business Plan Changes in Effect as of January 1

California Assembly Bill (AB) 2059 amended the state Health and Safety Code (HSC) requirements related to Hazardous Materials Business Plans. It was approved by the California legislature in September and took effect on January 1, 2023, 

Under the Hazardous Materials Business Plan (HMBP) Program, businesses in California that handle certain quantities of hazardous materials must create and implement a plan for responding to emergencies that involve a release (or threatened release). Reporting and recordkeeping requirements also apply 

AB 2059 affected Hazardous Materials Business Plans in three ways:

• Establishing stricter definitions for “consumer product” and “retail establishment” that apply to fewer products and businesses, 
• New recordkeeping requirements for “suppliers” that provide or sell certain amounts of covered hazardous materials to businesses in the state, and  
• A new notification requirement for hazardous materials handlers related to the removal and transfer of materials to another location.    

Facilities that took advantage of these exemptions in past years should review the revised definitions for both terms to make sure the business and/or specific products/chemicals remain exempt as of January 1.  

Cal/EPA released an update/fact sheet about changes to the HMBP program last year.

The full text of AB 2059 is available online. 

Who is Covered by California's HMBP Program?

Facilities in California are subject to the Hazardous Materials Business Plan (HMBP) program if they handle certain amounts of hazardous materials (including hazardous wastes, hazardous substances, etc.), including:

• Liquids in amounts greater than or equal to 55 gallons; or
• Solids in amounts greater than or equal to 500 lbs.; or
• Compressed gases in amounts greater than or equal to 200 cubic feet; or
• Extremely hazardous substances listed in 40 CFR 355 in amounts greater than or equal to that substance’s threshold planning quantity (TPQ).

Facilities subject to the Hazardous Materials Business Plan requirements must submit info electronically to the California Environmental Reporting System (CERS). The facility's Certified Unified Program Agency (CUPA) evaluates and verifies the information reported. Required information includes:

• An inventory of the site’s hazardous materials;
• A detailed site map;
• A detailed emergency plan; and
• A training program for employees.

The CUPA passes this info on to the LEPCs, SERCs, local fire departments, and more. Chemical inventory reporting required under EPCRA is also incorporated into the HMBP program in California. 

May 2023: RCRA/Title 22 and Hazmat Shipper Training (San Diego and Ontario, CA)

The requirements for Hazardous Materials Business Plans are only one of the important changes impacting facilities that manage hazardous materials and wastes in California in 2023. California DTSC is working on a rulemaking to adopt substantial changes to the state hazardous waste regulations, and completely re-organize the generator standards currently spread across 22 CCR Parts 66262 and 66265. 

At the California Hazardous Waste Management Workshops in San Diego and Ontario, California in May 2023, your instructor will call attention to state regulations that will change when California adopts mandatory stricter provisions and re-organized the state hazardous waste regulations. 

Ontario, CA	May 8–9
San Diego, CA	May 15–16

If you ship hazardous materials by ground or air, stay for the Hazmat Ground Shipper Certification (DOT) and Hazmat Air Shipper Certification (IATA) workshops following RCRA/Title 22 training in both locations!

Tags: california hazardous waste, California health and safety code, California HSC, hazardous materials business plans, Title 22