CUPA/CERS Hazardous Materials Law Changes

According to California’s Health & Safety Code (HSC), Chapter 6.95, a hazardous material is any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. “Hazardous materials” include, but are not limited to, hazardous substances, hazardous waste, and any material that a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. Any business or facility which uses, generates, processes, produces, packages, treats, stores, emits, discharges, or disposes a hazardous material (or waste) is a handler and may require a hazardous materials handler permit if the amount of material is above threshold amounts. All hazardous material handlers will be inspected every three years. Hazardous Materials Handler Permit Requirements Any business that handles a hazardous material and/or hazardous waste of quantities at any one time during a year equal to, or greater than a total volume of 55 gallons, a total weight of 500 pounds, or 200 cubic feet of a compressed gas is a hazardous materials handler and must report Owner/Operator, Business Activities, Inventory, Site Map, and Emergency Response and Contingency Plan and Employee Training Plan information in the California Environmental Reporting System (CERS). This information is reported to the local implementing agency, or Certified Unified Program Agency (CUPA). There are three exceptions to this general rule:

• For a solid or liquid hazardous material that is classified as a hazard solely as an irritant or sensitizer, the new reporting quantity is 5,000 pounds.

• For a hazardous material that is a gas, at standard temperature and pressure, and for which the only health and physical hazards are simple asphyxiation and the release of pressure, the new reporting quantity is 1,000 cubic feet. (Reporting of gases in a cryogenic state remains unchanged).

• For oil-filled electrical equipment that is not contiguous to an electrical facility, the new reporting quantity for the oil is 1,320 gallons.

Due Dates*:

• March 1st- Annual chemical inventory certification due • March 1st- Annual EPCRA chemical reporting form due • Every three years- Business Emergency Plan needs to be reviewed and any changes need to be

submitted. Paper hard copies will NOT be accepted.

For more information on changes to the inventory reporting requirements in the Health & Safety Code (HSC), Chapter 6.95, Article 1, §25507: http://occupainfo.com/civicax/filebank/blobdload.aspx?BlobID=41621. These changes are the result of the following legislative bills: The Hazardous Materials Reporting Chart explains

• Assembly Bill 408 Effective January 1, 2012 • Senate Bill 483 Effective January 1, 2014 • Senate Bill 1261 Effective January 1, 2015

*dates may vary from CUPA to CUPA. Abbreviations contained in the context of this article are defined below: EPCRA Emergency Planning and Community Right to Know Act of 1986