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Hazardous Materials Disclosure & Business Emergency Plan (HMBP)

About the HMBP Program

The Hazardous Materials Business Plan (HMBP) program was established in 1986. Similar in scope to the Federal Community Right-to-Know Act (EPCRA), the HMBP program provides information regarding hazardous substances at business facilities to local agencies, emergency responders, and the general public. The objective of this program is to prevent or minimize the damage to public health and safety and the environment from a release or threatened release of hazardous materials.

Who is Subject to the HMBP Program?

Businesses in the state of California that use, handle, or store hazardous materials – including hazardous wastes – or extremely hazardous substances (EHS) in reportable quantities are required to submit an HMBP through the state database, the California Environmental Reporting System (CERS). Reportable quantities are defined as follows:

  • 55 gallons of a liquid, or
  • 500 pounds of a solid, or
  • 200 cubic feet of flammable compressed gas; 1,000 cubic feet of non-flammable gas, or
  • Extremely hazardous substances above the Threshold Planning Quantity (TPQ) 

Program Requirements

  • Electronically submit an HMBP via the California Environmental Reporting System (CERS) every year. Submittals must be made between January 1st through March 1st to meet this requirement.
  • Update HMBP within 30 days of any changes in the business, including but not limited to:
    • Change in quantity of previously disclosed hazardous material
    • Handling of a previously undisclosed hazardous materials at or above reportable quantities
    • Change of business address, business ownership, or business name
  • Grant permission and access to local regulatory agencies for mandated inspections
CERS Business Login

FAQs

The California Health and Safety Code defines a Hazardous Material as, “any material, because of its quantity, concentration, physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or the environment if released into the workplace or the environment.”

  1. Facilities are required to submit or certify their HMBP between January 1st and March 1st of each year.
  2. Any substantial change in the business entity or operations that require modification to any portion of the HMBP must be reported within 30 days.

Yes, the disclosure thresholds apply to hazardous wastes as well as materials. If your facility generates reportable quantities of any hazardous substances, HMBP is required.

Yes. Fees support the operational costs of the Hazardous Materials Management Section and are based upon the number of chemicals (including materials and wastes) used, handled, or stored at your business.

  1. Under the California Public Records Act, inspection reports and other specified information regarding your facility can be obtained by submitting a Request for Records.
  2.  Please contact your area’s inspector for more information. 

Some hazardous materials have different reporting thresholds than the standard 55 gallons, 200 cubic feet, and 500 pounds. The thresholds at which these materials become reportable, and thus must be included on an HMBP, are listed below.

Mixtures consisting of less than 1% of a hazardous material​ or 0.1% for carcinogensAll amounts exempt
Compressed air used for emergency response and safety​​All amounts exempt
​Extremely hazardous substances, as defined by the Code of Federal Regulations, Title 40, §355.61Threshold planning quantity (Appendix A, Appendix B of Part 355) or 500 pounds, whichever is less
Simple asphyxiants (nitrogen, helium, argon, neon, krypton, xenon) and mixtures of these gases containing 21% or less of oxygen​1,000 cubic feet
​Carbon dioxide, including when mixed with simple asphyxiants (nitrogen, helium, argon, neon, krypton, xenon)​1,000 cubic feet
​Oxygen, nitrogen, and nitrous oxide used at a health service facility (medical, veterinary, etc.)​1,000 cubic feet
​Nonflammable refrigerant gases used in a refrigeration system​1,000 cubic feet
​Gases in closed fire suppression systems​1,000 cubic feet
​Refrigerants in a closed cooling system (not including ammonia or flammable gases) that is used for comfort cooling or to cool computer rooms​All amounts exempt
Fluid in a hydraulic systemAll amounts exempt, if aggregate storage of oil at the facility is less than 1,320 gal
​Irritants and sensitizers​550 gal if liquid, or 5,000 lbs if solid
Lubricating oil​>55 gal of each type or >275 gal aggregate
​Oil-filled electrical equipment not contiguous to an electric facility​All amounts exempt, if aggregate storage of oil at the facility is less than 1,320 gal
​Recyclable paint​10,000 lbs solid or 1,000 gal liquid
​Propane used for cooking, heating employee work areas, or heating water at a business​>500 gal
Radioactive materials​Reportable if handled in quantities requiring an Emergency Plan per Schedule C of Part 30, Part 40, or Part 70 of 10 CFR Chapter 1
Combustible metal or metal alloy defined as a combustible dust, flammable solid, or magnesium100 pounds
Consumer Products in a retail establishment that have a NFPA/HMIS rating of 1 or 2Exempt
Consumer Products in a retail establishment that have a NFPA/HMIS rating of 3 or 4165 gals. for liquids, 1500 lbs. for solids, and 600 cu ft. for gases
Hazardous materials liquids or gases on a vehicle that are used solely for that vehicle’s motive power (ex. Gasoline, diesel, propane)Exempt
Treated wood wasteExempt unless meeting Title 42, Section 11022 (Tier I) requirement to disclose.

*All amounts listed in cubic feet are measured at standard temperature and pressure (STP). 
 

Farms are conditionally exempt from having to submit the emergency response plan section of an HMBP as long as they meet the following requirements:

  • Each building which stores hazardous materials has signs posted providing notice of storage of pesticides, petroleum fuels and oil, and types of fertilizers.
  • Provide training for employees per California Health and Safety Code (HSC) §​25505(a)(4).

Additionally, the following materials are exempt from HMBP reporting thresholds if they are stored at an unstaffed remote facility (at least 1/2 mile from the nearest occupied structure):

​Compressed inert gases>​​1,000 cubic feet
​Combustible liquids used as a fuel source>​500 gal
EHS corrosive liquids used as electrolytes>​500 lbs
​Lubricating and hydraulic fluids​>500 gal
​Hydrocarbon gas used as a fuel source​>1,200 gal
​Mineral oil within electrical equipment>​1,320 gal​


 

The following materials are not exempt, but are listed here for clarification purposes:

​Lead acid batteries​Report in gallons based on quantities of electrolyte alone
​Universal waste​Report in aggregate by hazard type
​Perchlorate material (per HSC §25210.5)​55 gallons, 200 cubic feet, 500 pounds

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