Effective January 1, 2020, Assembly Bill (AB) No. 1429 goes into effect and may change Hazardous Materials Business Plan (HMBP) reporting timeframes for your facility.
Please refer to the guidance document from the Governor’s Office of Emergency Services. This is intended to provide a brief summary of the business plan submittal requirements that are in place after AB 1429 goes into effect.
Link to guidance document.
CERS 3 Proposed Regulations Available for Review
CalEPA has begun the formal regulatory rulemaking procedure with the Office of Administrative Law to adopt proposed revisions to the CERS Data Registry (Data Dictionary). The majority of the proposed amendments are considered non-substantial as they have relatively minor regulatory effects or impacts on regulated businesses and Unified Program Agencies (UPAs). The implications of the non-substantial proposed regulatory changes will likely have substantial impacts on UPAs regarding the ability to maintain parallel data exchange and provide methods to continue to utilize local data reporting and management systems independent of the California Environmental Reporting System (CERS).
The proposed revisions to the title 27 Data Dictionary language are briefly summarized as follows:
I. Addition of available selections to existing CERS Data Fields for specifying the types of action taken relative to an Underground Storage Tank (UST) and the UST Operating Permit Application information.
II. The ability for CERS to automatically generate a unique identification number for each UST in CERS.
III. Addition of available selections to existing CERS Data Fields for specifying the use of an UST and its contents.
IV. Development of a new Chapter in the CERS Data Registry to capture and organize the four new CERS Data Fields for the APSA Program, which will provide the opportunity for regulated businesses to electronically report required information for regulated APSA facilities.
Non-substantial and substantial amendments, as well as the necessity and purpose for each, are detailed in the Initial Statement of Reasons (ISOR).
The ISOR and any relative documents related to the proposed revisions are available at the CalEPA Unified Program Laws and Regulations webpage: https://calepa.ca.gov/cupa/lawsregs/
Upon the November 16, 2018 publication in the California Regulatory Notice Register, a 45-day public comment period for the proposed regulations will be established and is scheduled to end on December 31, 2018. It is the intent for the proposed regulations to become effective on April 1, 2019 to coincide with the release of and use of CERS 3.
Unified Program Violation Library Update
Effective September 1, 2019, the Unified Program Violation Library in CERS has been updated. Unified Program elements with revised citations are: Underground Storage Tank Program, California Accidental Release Prevention Program, and the Aboveground Petroleum Storage Act Program. Inspections that occur on or after September 1, 2019, will be associated with the revised version of the violation. Violations affiliated with the Hazardous Waste Generator Improvement Rule regulations are not currently included.
Chemical Inventory Reporting of the Annual 2018 Hazardous Materials Business Plan (HMBP) Submittals Must Reference the 24 New Federal Hazard Categories
Effective December 28, 2017, CalEPA will be replacing the existing five (5) federal hazard categories
available in CERS used for the completion of chemical inventories as part of the annual hazardous
materials business plan submittal with twenty-four (24) new federal hazard categories adopted by the
United States Environmental Protection Agency (U.S. EPA) as a result of changes to the Occupational
Safety and Health Administration (OSHA) Hazard Communication Standard (HCS).
Background (PDF, 3 pp, 599 KB)
Guidance (PDF, 3 pp, 967 KB)
US EPA, Physical and Health Hazards Cross-Walk for Reporting
EPA developed a cross-walk in coordination with the Occupational Safety and Health Administration (OSHA) to assist facilities in comparing OSHA’s original and new physical and health hazards adopted from the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). If you have difficulty determining the appropriate new hazard category from a SDS, or an updated SDS is not available, this document may help you determine the best choice of new category to use in updating your inventory.
Title 27 Regulations Proposed Language Available for Review
CalEPA has began the formal regulatory rulemaking procedure with the Office of Administrative Law to
adopt the proposed revisions to existing Title 27 Unified Program regulations. A 45-day public comment
period has been established beginning November 3, 2017 and ending December 18, 2017. Please see the
rulemaking notice published in the California Regulatory Notice Register (page 1676) for additional information.
The proposed revisions to the Title 27 text and the Initial Statement of Reasons are available for review
CERS 3.0 Development and Implementation
In June, 2015, the Data Steering Committee (DSC) held a 3-day workshop to review approximately 150 CERS
3.0 enhancement suggestions proposed by the CERS 3.0 Workgroup. Upon conclusion of the workshop,
Enhancement suggestions were either supported (110), not supported (35), deferred for follow up action
(9), or deferred for action other than implementation in CERS 3.0 (18). A summary of the DSC review of
each enhancement and details of each supported enhancement are available below:
Supported enhancements were presented to the Unified Program Administrative and Advisory Group (UPAAG) in August, 2015. Enhancements that are further supported by UPAAG will be for development and implementation in CERS 3.0 once funding becomes available. Additionally, the CUPA Forum Board presented the CERS 3.0 enhancements supported by the DSC at the California Conference of Directors of Environmental Health (CCDEH) in September, 2015.
Supported enhancements have been presented to the Unified Program Administrative and Advisory Group (UPAAG). There are approximately 15 CERS 3.0 enhancements that are considered required and necessary for CERS 3.0 development n order to lawfully report business and facility information electronically, as required. CalEPA, the CUPA Forum Board and associated Unified Program agencies are trying to obtain and secure funding for the development and implementation of only the required CERS 3.0 enhancements at this time.
Enhancements that can be completed in the existing CERS interface are scheduled and prioritized for development and implementation. Remaining CERS 3.0 enhancements that are in the queue for future development will be addressed and prioritized once funding becomes available. The listing of CERS 3.0 enhancements (scheduled and proposed) can be viewed at: https://cersbusiness.calepa.ca.gov/Enhancement.