Business Plans Basics 011911

Report
Cal EMA Business Plan Program
WELCOME!
Introduction
Instructors
 Agenda
 Handouts
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- Part 1 Overview
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Selected Definitions
Intent of Program
Coordination with Other Agencies
Statute & Regulations
Summary of Related Laws
Unified Program
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Hazardous Materials Business Plan
California Accidental Release Prevention
Program
Underground Storage Tank Program
Aboveground Storage Tank Program
Waste Generator Program
Specific Sections of the California Fire Code
Administrative Requirements
Selected Definitions
(HSC, 25501)
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Administering Agency
Business
Handle
Hazardous Material
Intent of Program
Provides Basic Information:
 Emergency Response
 Emergency Planning
 Community Right-To-Know
Authors Intent: “Public safety
and especially the safety of
firefighters who must deal with
toxic related fires.”
Coordination with Other Agencies
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Local Fire Chief(s)
Emergency Response/Planning Agencies
Agricultural Commissioners
City Attorney / County District Attorney
Other Unified Program Agencies in the county
Local Emergency Planning Committees
(LEPC)
State Emergency Response Commission
(SERC)
Statute & Regulations
Health and Safety Code (HSC)
 Business Plan - Chapter 6.95, Article 1, Sections
25500 – 25520
 Unified Program - Chapter 6.11, Section 25404 –
25404.8
California Code of Regulations (CCR)
 Title 19, Chapter 4, Article 4
 Title 27 - Unified Program
RELATED LAWS
(Federal)
Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986
 AKA – Emergency Planning and Community
Right-To-Know Act (EPCRA)
 Section 311(MSDS) and 312(Tier I/II)
 United States Code, Section 11004 et. al.
 40 Code of Federal Regulations (CFR), Part
370
Related Laws
(California Fire Code)
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California Fire Code, Title 24, Part 9
California Code of Regulations, Chapter
27
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Section 2701.5.1 Hazardous Materials
Management Plans (HMMP)
Section 2701.5.2 Hazardous Materials
Inventory Statement (HMIS)
- Part 2 Basic Provisions
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Businesses Subject to the Program
Inventory Reporting
Emergency Response Plans & Procedures
Training Provisions
Exemptions
Submittal Options
Businesses Subject to the
Program (Title 19, 2729.1)
Facilities who handle:
 Hazmat in quantities equal to or greater than 55
gallons, 500 pounds, or 200 cubic feet of gas.
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Radioactive materials in quantities for which an
emergency plan is required to be adopted
pursuant to Parts 30, 40, or 70 of Chapter 10 of
the Code of Federal Regulations.
Businesses Subject to the
Program
(Cont)
SARA threshold quantities:
 Hazardous chemicals in quantities equal to or
greater than 10,000 pounds
OR
 Extremely Hazardous Substances (EHS) in
amounts equal to or greater than 500 pounds OR
the threshold planning quantity, whichever is lower.
(40 CFR Part 355, Append. A – Also see List of Lists)
What is a Business Plan?
(Title 19, 2729 & 2729.2)
Business Plan Elements:
 Owner Operator Page
 Chemical inventory
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Site map (option of the AA)
Emergency Response Plans and
Procedures
Training Program
Inventory Reporting
(Title 19, 2729.2 – 2729.5)
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Intent
Forms
Confidential Information
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Trade Secrets
Specific Chemical Location
Alternate Forms
Forms
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Business Activities (UPCF)
Business Owner/Operator Identification (UPCF)
Hazardous Materials Inventory – Chemical
Description (UPCF)
California Annotated Map (Cal EMA 732)
Inventory Reporting
• HMIS
• Inventory Report (HSC, 25509.2)
• Addendum (California Fire Code - Hazard
Class) (HSC, 25509.2)
• SARA - MSDS and TIER I / II
• Content (40 CFR 370.40 and 370.41, HSC,
25509(d))
Emergency Response Plans
and Procedures
(Title 19, 2731)
Intent
 Required Elements
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Required Elements
Emergency Response Plans and Procedures
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Immediate Notification
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Local Emergency Response Personnel (911)
Administering Agency (AA)
State Cal EMA - (916) 845-8911
(800) 852-7550 (if in California)
Facility Response Personnel (if any)
Identification of Local Emergency Medical
Assistance
Required Elements
(Cont)
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Mitigation, Prevention, or Abatement
Procedures
Procedures for Notification & Evacuation
of Facility Personnel
Identification of Earthquake Vulnerable
Areas, Mechanisms, and/or Systems
Training Provisions
(Title 19, 2732)
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Intent
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Required Elements
Required Elements
Training Provisions
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Methods for Safe Handling of Hazardous Materials
Procedures for Coordination with Emergency
Response Organizations
Use of Emergency Response Equipment &
Supplies
Emergency Response Plans & Procedures
Provisions for Ensuring that Appropriate Personnel
Receive Initial & Refresher Training
Program Exemptions
(HSC, 25503.5 (b),(c),(e))
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Oxygen, Nitrogen, Nitrous Oxide
Lubricating Oil
Consumer Products
Specific Hazardous Substance
EXEMPTIONS
(HSC, 25503.5 (b),(c),(e))
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Specific Handler
Specific Hazardous Substance by Specific
Handler
Farms
Unstaffed Remote Facilities
Transportation Vessels (HSC, 25501.2)
Submittal Options
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Inventory Report
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Annual Submission (T19, 2729.4)
Certification (T19, 2729.5)
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30 days of change (T19, 2729.4)
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Emergency Response Plan/Training
Provisions
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Review (HSC, 25505)
Update
CERS
Submittal Options
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Alternative Submission (HSC, 25505(e))
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Chemical Inventory
List of Emergency Contacts
Site Plan (map)
Certification of Compliance
Written Concurrence of Fire Chief (required)
Business Plan Maintained Where Inventory
Stored
Submittal - EPCRA
To Whom? (USC, Title 42, 11022 (a), HSC, 25506
(b))
• CUPA and local Fire Agency (state)
Vs.
• Local Fire Agency, LEPC and SERC (Fed)
Time Frame?
• Annual Update, On or Before March 1
- Part 3 AA RESPONSIBILITES
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Records Management
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Inspections
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Enforcement
Records Management
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Submittal & Review
(HSC, 25505 & T19, 2729.4)
Forwarding Information to Other Agencies
(HSC, 25509.2 & 25506(c))
Information Availability – 24 hrs/7 days
(HSC, 25503.5(d))
Records Management
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Filing System (HSC, 25506)
Retention
Public Inspection (HSC, 25506)
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Trade Secret (HSC, 25511)
Specific Chemical Locations
Maps
Alternative Submission Requirements (AB
2488) (HSC, 25505(e)(3))
Inspections
General Inspection Requirements
 Inspection Plan
 Inspector – Requirements
 Compliance Inspections
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General Inspection
Requirements
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Intent
Inspection Frequency (HSC, 25508)
Inspection Documentation
Coordination
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County Agricultural Commissioner
(HSC, 25580(b))
Other Agencies (Fire, PA, Public Works)
Inspection Plan
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Unified Program – (T27, 15200)
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Inspection & Enforcement Plan
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Identify the # of Regulated Businesses
Identify the Inspection Frequency
Provisions for Multi-Media Inspections
Provisions for Inspector Training
Coordination between CUPAs & PAs
Reviewed Annually & Updated as Necessary
Inspector
Minimum Requirements
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Article 1 – Implied
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Knowledge of:
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Program Requirements
Applicable Laws
Hazardous Materials Use & Storage
Conditions that may lead to a Release
Inspector
Minimum Requirements
(Cont)
Unified Program (T27, 15260)
 CUPA Application Process
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Education
Experience
Ongoing Training
Inspection & Enforcement Plan Must
Contain Provisions for Inspector Training.
Compliance Inspections
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Example Methods:
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Are all Hazardous Materials over the Threshold
Quantity Reported?
Are the minimum/maximum average daily
amounts accurately reported?
Are Extremely Hazardous Substances being
reported?
Is the emergency plan and procedures scaled
appropriate for the business?
Compliance Inspections
(Cont)
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Example Methods:
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Are the Emergency Plan & Procedures
Current?
Is the Training Program Scaled Appropriate for
the Business?
Have the Handler’s Employees Trained?
Are the Training Records Being Maintained?
Enforcement
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Intent
Enforcement Plan
Reasons for Enforcement
Types of Enforcement
Enforcement Plan
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Article 1 - None Required
Unified Program – (T27, 15200)
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Inspection & Enforcement Plan
 Enforcement Notification Procedures
 Uniform & Coordinated Application of Enforcement Standards
 Consistency in Penalties & Enforcement Actions.
 Graduated Series of Enforcement Actions which May be
Taken
 Coordination Among other Local CUPAs/PAs
Reviewed Annually & Updated as Necessary
Reasons for Enforcement
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Failure of a Business to Establish &
Implement All or Part of a Business Plan
Failure to Train Employees
Failure to Annual Submit Inventory or
Certification
Failure to Submit Corrections to AA Within
30 Days of Request
Reasons for Enforcement
(Cont)
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Failure to Update Business Plan Within 30
Days of the Following:
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100% or More Increase in Previously Disclosed
Material
Handling of Previously Undisclosed Hazardous
Materials Meeting Inventory Requirements
Change of Business Address
Change of Business Ownership
Change of Business Name
A Substantial Change in Operations
Types of Enforcement
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Misdemeanor (HSC, 25514.3 & 25515.1)
Injunctions/Restraining Orders/Other
Orders (HSC, 25516 & 25516.2)
Civil (HSC, 25514 & 25514.5)
Admin Enforcement Orders (HSC,
25404.1.1 and 25404.1.2)
Criminal (HSC, 25515)
Misdemeanors
(HSC, 25514.3 and 25515.1)
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A Person Knowingly Violates Specific
Business Plan Requirements.
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A Person Interferes with Enforcement of
this Chapter.
Injunctions/Restraining Orders/
Other Orders (HSC, 25516 & 25516.2)
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Can Be Sought If:
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AA has knowledge of Violation
During Civil Action Against a Business
Only a City Attorney, District Attorney, or
Attorney General can Apply
Civil Enforcement
(HSC, 25514 - 25517)
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City Attorney, District Attorney, or Attorney
General
Penalties:
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$2000/day of Violation
$5000/day of Violation After Reasonable Notice
Clean-up/Response Costs
Distribution of Penalties
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Reward for Informants – 10% up to $5000
Admin Enforcement Orders
(HSC, 25514.5 25404.1.1 and 25404.1.2)
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AB 2481 effective January 1, 2003
Deleted Business Plan Administrative
Enforcement (HSC 25514.6)
UPAAG Enforcement Workgroup
developed guidance – based on HW
process
Established Notice To Comply for Minor
Violations
http://www.calepa.ca.gov/CUPA/Publications/#EnforcementOrder
Criminal Enforcement
(HSC, 25515)
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Release Reporting – A Person or Business
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Penalties:
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Imprisonment
Up to $25,000/Day of Violation
$50,000/Day of Violation After the First Conviction
Clean-Up/Response Costs
Distribution of Penalties
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Closing Statements
Questions?
Where to go for Help
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OES Hazardous Materials Unit (916) 845-8741
www.calema.ca.gov (select “Hazardous Materials”)

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