Downey Fire Department. Hazardous Materials Business Plan Program

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1 Downey Fire Department Hazardous Materials Business Plan Program

2 Hazardous Materials Business Plan Program State and Federal legislation requires EVERY BUSINESS that handles or stores hazardous materials and/or hazardous waste above a specified amount, to report their inventories of hazardous materials to their local fire department. This information assists the fire department in responding to emergencies involving your business, in addition to meeting EPCRA (Emergency Planning and Community Right to Know Act). Reporting Requirements The owner and/or operator of any business shall submit a hazardous materials inventory and contingency plan if the business handles or stores hazardous materials equal to or above the following quantities: 55 gallons of liquid 500 pounds of a solid 200 cubic feet of gas Radioactive materials (for which an emergency plan is required by Federal Law) Extremely Hazardous Substances (if quantities are equal to or greater than Threshold Planning Quantity (TPQ) A material is considered hazardous if it is flammable, ignitable, corrosive, and/or toxic. If a material manufacturer supplies a Material Safety Data Sheet (MSDS) or if the material has a warning label, then it is generally considered a hazardous material. Program Exemptions The law provides for the following reporting exemptions: Materials stored temporarily for less than 30 days, including materials in transit Oxygen, nitrogen, or nitrous oxide stored at a physician, dentist, podiatrist, veterinarian or pharmacist s place of business in quantities less than 1,000 cubic feet of each material Retail (Consumer) products packaged for direct distribution to, and use by the general public and in containers that are no larger than 5 gallons (liquids) or 100 pounds (solids) Lubricating oil, if the total volume of each type of oil does not exceed 55 gallons, and the total volume of all types of oil handled at the facility does not exceed 275 gallons at any one time. Used (waste) oil is not included in the definition of lubricating oil. Complete details of exemptions are located in CA Health & Safety Code, Chapter 6.95, section

3 Hazardous Waste Hazardous wastes equal to or exceeding the reportable quantities are also subject to disclosure. The Downey Fire Department monitors the disclosure of the hazardous waste, while the Los Angeles County Fire Department Health-Hazardous Materials Division regulates and monitors the treatment and disposal of hazardous waste. As a business, if you generate a hazardous waste, you are required to obtain an EPA identification number. For information on EPA ID Numbers, call or on-line at Underground Storage Tanks (UST) UST systems that store hazardous materials and/or wastes equal to or exceeding reportable quantities are subject to disclosure and must be reported to the Downey Fire Department. Any UST installation, modification, or closure requires a permit with a set of plans to be submitted to the City of Downey Fire and Building Departments. For further UST operational questions, including completing and submitting CUPA tank and compliance forms, please contact Los Angeles County Department of Public Works UST section (LA County Public Works is the designated UST Agency responsible for inspecting USTs in the City of Downey). Assistance The Downey Fire Department recognizes that completing the Hazardous Materials Disclosure packet maybe difficult and/or time consuming. If you require assistance, for an appropriate fee, the Downey Fire Department offers a Hazardous Materials Disclosure Reporting Assistance Program. For details, please call the Fire Prevention Bureau at (562) Updates and Certification The business must review and recertify the Business Plan by January 30 of every year. By State law, the Hazardous Material Business Plan (HMBP) must be updated within 30 days for any of the following: 1) A new chemical is brought into the inventory that meets the disclosure reportable quantities 2) A 100% or greater increase in the quantity of a hazardous material provided on the inventory. 3) Change of business name, ownership or address. Recertification maybe achieved by submitting a certification statement annually, provided that the Downey Fire Department has a complete and an approved copy of your HMBP on file. 3

4 Fees Fees are assessed to cover the costs involved in operating the Hazardous Materials Disclosure Program. Fees are determined by the amount and number of reportable chemicals and/or the number or employees. Your business will be billed annually by the Los Angeles County Fire Department Certified Unified Program Agency (CUPA) for the Downey s Hazardous Material Disclosure Program fees. Chemical Quantities Billing Cycle Amount 1-2 Chemicals Annual $ Chemicals Annual $ Chemicals Annual $ Chemicals Annual $ Chemicals Annual $ CalARP Annual $ Penalties Failure to report disclosure information in a timely manner may result in assessment of fines and penalties (This penalty is billed and collected by the Downey Fire Department). 30 days Late... 25% of annual fee 60 days Late.. 50% of annual fee 90 days Late. 100% of annual fee Resources City of Downey Fire Department Fire Prevention Bureau (562) Los Angeles County Fire Health-Haz Mat (CUPA) (323) Southeast County Offices (562) Los Angeles County Dept. Public Works Underground Tank (UST) Section (626) California EPA Unified Program (CUPA) (916)

5 Cont. Resources California Office of Emergency Services (916) Cal OSHA (Occupational Safety & Health) (800) Department of Toxic Substances (DTSC) (800) Completing the Packet The forms are standardized statewide, and as such, maybe downloaded and completed online in either MS Word or PDF format. To complete the forms online, you may utilize either the City of Downey Fire Department or the Cal EPA website. For City of Downey Government Fire department (or Forms) Divisions Fire Prevention Hazardous Materials For Cal EPA (scroll down) Unified Program Consolidated Forms for Business to CUPA reporting The following flow chart should guide you through the process of completing the Hazardous Material Business Plan. Each form is preceded by an accompanying instruction form. Please read the instructions carefully. Once complete, retain a copy of the entire plan for your records, and send the original to: Downey Fire Department Hazardous Materials Disclosure Brookshire Avenue Downey, California