California AB 1429 has gone into effect, changing Hazardous Materials Business Plan (HMBP) reporting timeframes for some facilities. According to this rule, hazardous materials handlers that are subject to Emergency Planning and Community Right-to-Know Act (EPCRA) and/or Aboveground Petroleum Storage Act (APSA) requirements should continue to annually submit their HMPB to the California Environmental Reporting System (CERS) on the date established by their local CUPA. APSA, found in California Health & Safety Code Sections 25270-25270.13, regulates facilities with aboveground petroleum storage capacities of 1,320 gallons or more, as well as facilities with a petroleum storage tank in an underground area with capacities of 55 gallons or greater. California's EPCRA Tier II program, contained in California Health & Safety Code Sections 25500-25545, regulates facilities with hazardous materials in quantities greater than those listed in 40 CFR Part 370. Under AB 1429, facilities that are subject to either of these regulations will continue to submit their HMBP annually. For instances in which the local CUPA has not established a submission date, HMBPs should be submitted before March 1.

Hazardous material handlers not subject to EPCRA and/or APSA requirements are now only required to submit their HMBP every three years instead of annually. Although AB 1429 changes reporting frequency for many handlers of small quantities of hazardous materials in California, facilities that exceed federal reporting thresholds will continue to be required to submit their HMBP annually. Additionally, some local CUPA agencies will continue to require more restrictive submittal frequencies. If a handler is unsure whether to continue to submit their HMBP annually, they should contact their local CUPA for more information. Whether or not a handler is subject to EPCRA and/or APSA requirements, hazardous material handlers must continue to provide annual certification in CERS.

For more information, please contact your local Trinity office.