AB 1689: Business plans: combustible metals.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-07-31
Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program.
As part of that program, existing law requires a business that handles a hazardous material or a mixture containing a hazardous material at any one time during the reporting year in quantities equal to, or greater than, 55 gallons for materials that are liquids, 500 pounds for solids, or 200 cubic feet for compressed gas to establish and implement a business plan for emergency response to a release, or threatened release, of the hazardous material. These business plan requirements are enforced primarily by local agencies certified or designated by the department for purposes of enforcement of the unified program. A person who knowingly violates business plan requirements is guilty of a misdemeanor.
This bill would also require businesses that handle combustible metals or metal alloys, as described, in specified quantities, to establish and implement a business plan of this type. By imposing additional duties on local agencies enforcing the business plan requirements, and because a violation of this requirement would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program.
As part of that program, existing law requires a business that handles a hazardous material or a mixture containing a hazardous material at any one time during the reporting year in quantities equal to, or greater than, 55 gallons for materials that are liquids, 500 pounds for solids, or 200 cubic feet for compressed gas to establish and implement a business plan for emergency response to a release, or threatened release, of the hazardous material. These business plan requirements are enforced primarily by local agencies certified or designated by the department for purposes of enforcement of the unified program. A person who knowingly violates business plan requirements is guilty of a misdemeanor.
This bill would also require businesses that handle combustible metals or metal alloys, as described, in specified quantities, to establish and implement a business plan of this type. By imposing additional duties on local agencies enforcing the business plan requirements, and because a violation of this requirement would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program.
As part of that program, existing law requires a business that handles a hazardous material or a mixture containing a hazardous material at any one time during the reporting year in quantities equal to, or greater than, 55 gallons for materials that are liquids, 500 pounds for solids, or 200 cubic feet for compressed gas to establish and implement a business plan for emergency response to a release, or threatened release, of the hazardous material. These business plan requirements are enforced primarily by local agencies certified or designated by the department for purposes of enforcement of the unified program. A person who knowingly violates business plan requirements is guilty of a misdemeanor.
This bill would also require businesses that handle combustible metals or metal alloys, as described, in specified quantities, to establish and implement a business plan of this type. By imposing additional duties on local agencies enforcing the business plan requirements, and because a violation of this requirement would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program.
As part of that program, existing law requires a business that handles a hazardous material or a mixture containing a hazardous material at any one time during the reporting year in quantities equal to, or greater than, 55 gallons for materials that are liquids, 500 pounds for solids, or 200 cubic feet for compressed gas to establish and implement a business plan for emergency response to a release, or threatened release, of the hazardous material. These business plan requirements are enforced primarily by local agencies certified or designated by the department for purposes of enforcement of the unified program. A person who knowingly violates business plan requirements is guilty of a misdemeanor.
This bill would also require businesses that handle combustible metals or metal alloys, as described, in specified quantities, to establish and implement a business plan of this type. By imposing additional duties on local agencies enforcing the business plan requirements, and because a violation of this requirement would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
(a)Except as provided in this article, a business shall establish and implement a business plan for emergency response to a release or threatened release of a hazardous material in accordance with the standards prescribed in the regulations adopted pursuant to Section 25503 if the business meets any of the following conditions at any unified program facility:
(1)(A)It handles a hazardous material or a mixture containing a hazardous material that has a quantity at any one time during the reporting year that is equal to, or greater than, 55 gallons for materials that are liquids, 500 pounds for solids, or 200 cubic feet for compressed gas, as defined in subdivision (i) of Section 25501. The physical state and quantity present of mixtures shall be determined by the physical state of the mixture as a whole, not individual components, at standard temperature and pressure.
(B)For the purpose of this section, for compressed gases, if a hazardous material or mixture is determined to exceed threshold quantities at standard temperature and pressure, it shall be reported in the physical state at which it is stored. If the material is an extremely hazardous substance, as defined in Section 355.61 of Title 40 of the Code of Federal Regulations, all amounts shall be reported in pounds.
(2)It is required to submit chemical inventory information pursuant to Section 11022 of Title 42 of the United States Code.
(3)It handles at any one time during the reporting year an amount of a hazardous material that is equal to, or greater than the threshold planning quantity, under both of the following conditions:
(A)The hazardous material is an extremely hazardous substance, as defined in Section 355.61 of Title 40 of the Code of Federal Regulations.
(B)The threshold planning quantity for that extremely hazardous substance listed in Appendices A and B of Part 355 (commencing with Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations is less than 500 pounds.
(4)(A)It handles at any one time during the reporting year a total weight of 5,000 pounds for solids or a total volume of 550 gallons for liquids, if the hazardous material is a solid or liquid substance that is classified as a hazard for purposes of Section 5194 of Title 8 of the California Code of Regulations solely as an irritant or sensitizer, except as provided in subparagraph (B).
(B)If the hazardous material handled by the facility is a paint that will be recycled or otherwise managed under an architectural paint recovery program approved by the Department of Resources Recycling and Recovery pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of Division 30 of the Public Resources Code, the business is required to establish and implement a business plan only if the business handles at any one time during the reporting year a total weight of 10,000 pounds of solid hazardous materials or a total volume of 1,000 gallons of liquid hazardous materials.
(5)It handles at any one time during the reporting year cryogenic, refrigerated, or compressed gas in a quantity of 1,000 cubic feet or more at standard temperature and pressure, if the gas is any of the following:
(A)Classified as a hazard for the purposes of Section 5194 of Title 8 of the California Code of Regulations only for hazards due to simple asphyxiation or the release of pressure.
(B)Oxygen, nitrogen, and nitrous oxide ordinarily maintained by a physician, dentist, podiatrist, veterinarian, pharmacist, or emergency medical service provider at his or her place of business.
(C)Carbon dioxide.
(D)Nonflammable refrigerant gases, as defined in the California Fire Code, that are used in refrigeration systems.
(E)Gases used in closed fire suppression systems.
(6)It handles a radioactive material at any one time during the reporting year in quantities for which an emergency plan is required to be considered pursuant to Schedule C (Section 30.72) of Part 30 (commencing with Section 30.1), Part 40 (commencing with Section 40.1), or Part 70 (commencing with Section 70.1) of Chapter 1 of Title 10 of the Code of Federal Regulations, or pursuant to any regulations adopted by the state in accordance with those regulations.
(7)It handles perchlorate material, as defined in subdivision (c) of Section 25210.5, in a quantity at any one time during the reporting year that is equal to, or greater than, the thresholds listed in paragraph (1).
(8)(A)It handles a combustible metal or metal alloy that is defined as a pyrophoric or water-reactive material in the California Fire Code, in any quantity in raw stock, scrap, or powder form at any time during the reporting year.
(B)It handles a combustible metal, or metal alloy, that is defined as a combustible dust, flammable solid, or magnesium in the California Fire Code, in a quantity in raw stock, scrap, or powder form at any one time during the reporting year that is equal to, or greater than 100 pounds.
(C)It handles a combustible metal, or metal alloy, that poses an explosive potential, when in molten form, in a quantity at any one time during the reporting year that is equal to, or greater than, 500 pounds.
(b)The following hazardous materials are exempt from the requirements of this section:
(1)Refrigerant gases, other than ammonia or flammable gas in a closed cooling system, that are used for comfort or space cooling for computer rooms.
(2)Compressed air in cylinders, bottles, and tanks used by fire departments and other emergency response organizations for the purpose of emergency response and safety.
(3)(A)Lubricating oil, if the total volume of each type of lubricating oil handled at a facility does not exceed 55 gallons and the total volume of all types of lubricating oil handled at that facility does not exceed 275 gallons, at any one time.
(B)For purposes of this paragraph, lubricating oil means oil intended for use in an internal combustion crankcase, or the transmission, gearbox, differential, or hydraulic system of an automobile, bus, truck, vessel, airplane, heavy equipment, or other machinery powered by an internal combustion or electric powered engine. Lubricating oil does not include used oil, as defined in subdivision (a) of Section 25250.1.
(4)Both of the following, if the aggregate storage capacity of oil at the facility is less than 1,320 gallons and a spill prevention control and countermeasure plan is not required pursuant to Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.
(A)Fluid in a hydraulic system.
(B)Oil-filled electrical equipment that is not contiguous to an electric facility.
(5)Hazardous material contained solely in a consumer product, handled at, and found in, a retail establishment and intended for sale to, and for the use by, the public. The exemption provided for in this paragraph shall not apply to a consumer product handled at the facility which manufactures that product, or a separate warehouse or distribution center of that facility, or where a product is dispensed on the retail premises.
(6)Propane that is for on-premises use, storage, or both, in an amount not to exceed 500 gallons, that is for the sole purpose of cooking, heating employee work areas, and heating water within that facility, unless the unified program agency finds, and provides notice to the business handling the propane, that the handling of the on-premises propane requires the submission of a business plan, or any portion of a business plan, in response to public health, safety, or environmental concerns.
(c)In addition to the authority specified in subdivision (e), the governing body of the unified program agency may, in exceptional circumstances, following notice and public hearing, exempt a hazardous material specified in subdivision (n) of Section 25501 from Section 25506, if it is found that the hazardous material would not pose a present or potential danger to the environment or to human health and safety if the hazardous material was released into the environment. The unified program agency shall send a notice to the office and the secretary within 15 days from the effective date of any exemption granted pursuant to this subdivision.
(d)The unified program agency, upon application by a handler, may exempt the handler, under conditions that the unified program agency determines to be proper, from any portion of the requirements to establish and maintain a business plan, upon a written finding that the exemption would not pose a significant present or potential hazard to human health or safety or to the environment, or affect the ability of the unified program agency and emergency response personnel to effectively respond to the release of a hazardous material, and that there are unusual circumstances justifying the exemption. The unified program agency shall specify in writing the basis for any exemption under this subdivision.
(e)The unified program agency, upon application by a handler, may exempt a hazardous material from the inventory provisions of this article upon proof that the material does not pose a significant present or potential hazard to human health and safety or to the environment if released into the workplace or environment. The unified program agency shall specify in writing the basis for any exemption under this subdivision.
(f)The unified program agency shall adopt procedures to provide for public input when approving applications submitted pursuant to subdivisions (d) and (e).
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Except as provided in this article, a business shall establish and implement a business plan for emergency response to a release or threatened release of a hazardous material in accordance with the standards prescribed in the regulations adopted pursuant to Section 25503 if the business meets any of the following conditions at any unified program facility:
(1)(A)It handles a hazardous material or a mixture containing a hazardous material that has a quantity at any one time during the reporting year that is equal to, or greater than, 55 gallons for materials that are liquids, 500 pounds for solids, or 200 cubic feet for compressed gas, as defined in subdivision (i) of Section 25501. The physical state and quantity present of mixtures shall be determined by the physical state of the mixture as a whole, not individual components, at standard temperature and pressure.
(B)For the purpose of this section, for compressed gases, if a hazardous material or mixture is determined to exceed threshold quantities at standard temperature and pressure, it shall be reported in the physical state at which it is stored. If the material is an extremely hazardous substance, as defined in Section 355.61 of Title 40 of the Code of Federal Regulations, all amounts shall be reported in pounds.
(2)It is required to submit chemical inventory information pursuant to Section 11022 of Title 42 of the United States Code.
(3)It handles at any one time during the reporting year an amount of a hazardous material that is equal to, or greater than the threshold planning quantity, under both of the following conditions:
(A)The hazardous material is an extremely hazardous substance, as defined in Section 355.61 of Title 40 of the Code of Federal Regulations.
(B)The threshold planning quantity for that extremely hazardous substance listed in Appendices A and B of Part 355 (commencing with Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations is less than 500 pounds.
(4)(A)It handles at any one time during the reporting year a total weight of 5,000 pounds for solids or a total volume of 550 gallons for liquids, if the hazardous material is a solid or liquid substance that is classified as a hazard for purposes of Section 5194 of Title 8 of the California Code of Regulations solely as an irritant or sensitizer, except as provided in subparagraph (B).
(B)If the hazardous material handled by the facility is a paint that will be recycled or otherwise managed under an architectural paint recovery program approved by the Department of Resources Recycling and Recovery pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of Division 30 of the Public Resources Code, the business is required to establish and implement a business plan only if the business handles at any one time during the reporting year a total weight of 10,000 pounds of solid hazardous materials or a total volume of 1,000 gallons of liquid hazardous materials.
(5)It handles at any one time during the reporting year cryogenic, refrigerated, or compressed gas in a quantity of 1,000 cubic feet or more at standard temperature and pressure, if the gas is any of the following:
(A)Classified as a hazard for the purposes of Section 5194 of Title 8 of the California Code of Regulations only for hazards due to simple asphyxiation or the release of pressure.
(B)Oxygen, nitrogen, and nitrous oxide ordinarily maintained by a physician, dentist, podiatrist, veterinarian, pharmacist, or emergency medical service provider at his or her place of business.
(C)Carbon dioxide.
(D)Nonflammable refrigerant gases, as defined in the California Fire Code, that are used in refrigeration systems.
(E)Gases used in closed fire suppression systems.
(6)It handles a radioactive material at any one time during the reporting year in quantities for which an emergency plan is required to be considered pursuant to Schedule C (Section 30.72) of Part 30 (commencing with Section 30.1), Part 40 (commencing with Section 40.1), or Part 70 (commencing with Section 70.1) of Chapter 1 of Title 10 of the Code of Federal Regulations, or pursuant to any regulations adopted by the state in accordance with those regulations.
(7)It handles perchlorate material, as defined in subdivision (c) of Section 25210.5, in a quantity at any one time during the reporting year that is equal to, or greater than, the thresholds listed in paragraph (1).
(8)(A)It handles a combustible metal or metal alloy that is defined as a pyrophoric or water-reactive material in the California Fire Code, in any quantity in raw stock, scrap, or powder form at any time during the reporting year.
(B)It handles a combustible metal, or metal alloy, that is defined as a combustible dust, flammable solid, or magnesium in the California Fire Code, in a quantity in raw stock, scrap, or powder form at any one time during the reporting year that is equal to, or greater than 100 pounds.
(C)It handles a combustible metal, or metal alloy, that poses an explosive potential, when in molten form, in a quantity at any one time during the reporting year that is equal to, or greater than, 500 pounds.
(b)The following hazardous materials are exempt from the requirements of this section:
(1)Refrigerant gases, other than ammonia or flammable gas in a closed cooling system, that are used for comfort or space cooling for computer rooms.
(2)Compressed air in cylinders, bottles, and tanks used by fire departments and other emergency response organizations for the purpose of emergency response and safety.
(3)(A)Lubricating oil, if the total volume of each type of lubricating oil handled at a facility does not exceed 55 gallons and the total volume of all types of lubricating oil handled at that facility does not exceed 275 gallons, at any one time.
(B)For purposes of this paragraph, lubricating oil means oil intended for use in an internal combustion crankcase, or the transmission, gearbox, differential, or hydraulic system of an automobile, bus, truck, vessel, airplane, heavy equipment, or other machinery powered by an internal combustion or electric powered engine. Lubricating oil does not include used oil, as defined in subdivision (a) of Section 25250.1.
(4)Both of the following, if the aggregate storage capacity of oil at the facility is less than 1,320 gallons and a spill prevention control and countermeasure plan is not required pursuant to Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.
(A)Fluid in a hydraulic system.
(B)Oil-filled electrical equipment that is not contiguous to an electric facility.
(5)Hazardous material contained solely in a consumer product, handled at, and found in, a retail establishment and intended for sale to, and for the use by, the public. The exemption provided for in this paragraph shall not apply to a consumer product handled at the facility which manufactures that product, or a separate warehouse or distribution center of that facility, or where a product is dispensed on the retail premises.
(6)Propane that is for on-premises use, storage, or both, in an amount not to exceed 500 gallons, that is for the sole purpose of cooking, heating employee work areas, and heating water within that facility, unless the unified program agency finds, and provides notice to the business handling the propane, that the handling of the on-premises propane requires the submission of a business plan, or any portion of a business plan, in response to public health, safety, or environmental concerns.
(c)In addition to the authority specified in subdivision (e), the governing body of the unified program agency may, in exceptional circumstances, following notice and public hearing, exempt a hazardous material specified in subdivision (n) of Section 25501 from Section 25506, if it is found that the hazardous material would not pose a present or potential danger to the environment or to human health and safety if the hazardous material was released into the environment. The unified program agency shall send a notice to the office and the secretary within 15 days from the effective date of any exemption granted pursuant to this subdivision.
(d)The unified program agency, upon application by a handler, may exempt the handler, under conditions that the unified program agency determines to be proper, from any portion of the requirements to establish and maintain a business plan, upon a written finding that the exemption would not pose a significant present or potential hazard to human health or safety or to the environment, or affect the ability of the unified program agency and emergency response personnel to effectively respond to the release of a hazardous material, and that there are unusual circumstances justifying the exemption. The unified program agency shall specify in writing the basis for any exemption under this subdivision.
(e)The unified program agency, upon application by a handler, may exempt a hazardous material from the inventory provisions of this article upon proof that the material does not pose a significant present or potential hazard to human health and safety or to the environment if released into the workplace or environment. The unified program agency shall specify in writing the basis for any exemption under this subdivision.
(f)The unified program agency shall adopt procedures to provide for public input when approving applications submitted pursuant to subdivisions (d) and (e).
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Except as provided in this article, a business shall establish and implement a business plan for emergency response to a release or threatened release of a hazardous material in accordance with the standards prescribed in the regulations adopted pursuant to Section 25503 if the business meets any of the following conditions at any unified program facility:
(1)(A)It handles a hazardous material or a mixture containing a hazardous material that has a quantity at any one time during the reporting year that is equal to, or greater than, 55 gallons for materials that are liquids, 500 pounds for solids, or 200 cubic feet for compressed gas, as defined in subdivision (i) of Section 25501. The physical state and quantity present of mixtures shall be determined by the physical state of the mixture as a whole, not individual components, at standard temperature and pressure.
(B)For the purpose of this section, for compressed gases, if a hazardous material or mixture is determined to exceed threshold quantities at standard temperature and pressure, it shall be reported in the physical state at which it is stored. If the material is an extremely hazardous substance, as defined in Section 355.61 of Title 40 of the Code of Federal Regulations, all amounts shall be reported in pounds.
(2)It is required to submit chemical inventory information pursuant to Section 11022 of Title 42 of the United States Code.
(3)It handles at any one time during the reporting year an amount of a hazardous material that is equal to, or greater than the threshold planning quantity, under both of the following conditions:
(A)The hazardous material is an extremely hazardous substance, as defined in Section 355.61 of Title 40 of the Code of Federal Regulations.
(B)The threshold planning quantity for that extremely hazardous substance listed in Appendices A and B of Part 355 (commencing with Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations is less than 500 pounds.
(4)(A)It handles at any one time during the reporting year a total weight of 5,000 pounds for solids or a total volume of 550 gallons for liquids, if the hazardous material is a solid or liquid substance that is classified as a hazard for purposes of Section 5194 of Title 8 of the California Code of Regulations solely as an irritant or sensitizer, except as provided in subparagraph (B).
(B)If the hazardous material handled by the facility is a paint that will be recycled or otherwise managed under an architectural paint recovery program approved by the Department of Resources Recycling and Recovery pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of Division 30 of the Public Resources Code, the business is required to establish and implement a business plan only if the business handles at any one time during the reporting year a total weight of 10,000 pounds of solid hazardous materials or a total volume of 1,000 gallons of liquid hazardous materials.
(5)It handles at any one time during the reporting year cryogenic, refrigerated, or compressed gas in a quantity of 1,000 cubic feet or more at standard temperature and pressure, if the gas is any of the following:
(A)Classified as a hazard for the purposes of Section 5194 of Title 8 of the California Code of Regulations only for hazards due to simple asphyxiation or the release of pressure.
(B)Oxygen, nitrogen, and nitrous oxide ordinarily maintained by a physician, dentist, podiatrist, veterinarian, pharmacist, or emergency medical service provider at his or her place of business.
(C)Carbon dioxide.
(D)Nonflammable refrigerant gases, as defined in the California Fire Code, that are used in refrigeration systems.
(E)Gases used in closed fire suppression systems.
(6)It handles a radioactive material at any one time during the reporting year in quantities for which an emergency plan is required to be considered pursuant to Schedule C (Section 30.72) of Part 30 (commencing with Section 30.1), Part 40 (commencing with Section 40.1), or Part 70 (commencing with Section 70.1) of Chapter 1 of Title 10 of the Code of Federal Regulations, or pursuant to any regulations adopted by the state in accordance with those regulations.
(7)It handles perchlorate material, as defined in subdivision (c) of Section 25210.5, in a quantity at any one time during the reporting year that is equal to, or greater than, the thresholds listed in paragraph (1).
(8)(A)It handles a combustible metal or metal alloy that is defined as a pyrophoric or water-reactive material in the California Fire Code, in any quantity in raw stock, scrap, or powder form at any time during the reporting year.
(B)It handles a combustible metal, or metal alloy, that is defined as a combustible dust, flammable solid, or magnesium in the California Fire Code, in a quantity in raw stock, scrap, or powder form at any one time during the reporting year that is equal to, or greater than 100 pounds.
(C)It handles a combustible metal, or metal alloy, that poses reactive or an explosive potential, when in molten form, in a quantity at any one time during the reporting year that is equal to, or greater than, 500 pounds.
(b)The following hazardous materials are exempt from the requirements of this section:
(1)Refrigerant gases, other than ammonia or flammable gas in a closed cooling system, that are used for comfort or space cooling for computer rooms.
(2)Compressed air in cylinders, bottles, and tanks used by fire departments and other emergency response organizations for the purpose of emergency response and safety.
(3)(A)Lubricating oil, if the total volume of each type of lubricating oil handled at a facility does not exceed 55 gallons and the total volume of all types of lubricating oil handled at that facility does not exceed 275 gallons, at any one time.
(B)For purposes of this paragraph, lubricating oil means oil intended for use in an internal combustion crankcase, or the transmission, gearbox, differential, or hydraulic system of an automobile, bus, truck, vessel, airplane, heavy equipment, or other machinery powered by an internal combustion or electric powered engine. Lubricating oil does not include used oil, as defined in subdivision (a) of Section 25250.1.
(4)Both of the following, if the aggregate storage capacity of oil at the facility is less than 1,320 gallons and a spill prevention control and countermeasure plan is not required pursuant to Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.
(A)Fluid in a hydraulic system.
(B)Oil-filled electrical equipment that is not contiguous to an electric facility.
(5)Hazardous material contained solely in a consumer product, handled at, and found in, a retail establishment and intended for sale to, and for the use by, the public. The exemption provided for in this paragraph shall not apply to a consumer product handled at the facility which manufactures that product, or a separate warehouse or distribution center of that facility, or where a product is dispensed on the retail premises.
(6)Propane that is for on-premises use, storage, or both, in an amount not to exceed 500 gallons, that is for the sole purpose of cooking, heating employee work areas, and heating water within that facility, unless the unified program agency finds, and provides notice to the business handling the propane, that the handling of the on-premises propane requires the submission of a business plan, or any portion of a business plan, in response to public health, safety, or environmental concerns.
(c)In addition to the authority specified in subdivision (e), the governing body of the unified program agency may, in exceptional circumstances, following notice and public hearing, exempt a hazardous material specified in subdivision (n) of Section 25501 from Section 25506, if it is found that the hazardous material would not pose a present or potential danger to the environment or to human health and safety if the hazardous material was released into the environment. The unified program agency shall send a notice to the office and the secretary within 15 days from the effective date of any exemption granted pursuant to this subdivision.
(d)The unified program agency, upon application by a handler, may exempt the handler, under conditions that the unified program agency determines to be proper, from any portion of the requirements to establish and maintain a business plan, upon a written finding that the exemption would not pose a significant present or potential hazard to human health or safety or to the environment, or affect the ability of the unified program agency and emergency response personnel to effectively respond to the release of a hazardous material, and that there are unusual circumstances justifying the exemption. The unified program agency shall specify in writing the basis for any exemption under this subdivision.
(e)The unified program agency, upon application by a handler, may exempt a hazardous material from the inventory provisions of this article upon proof that the material does not pose a significant present or potential hazard to human health and safety or to the environment if released into the workplace or environment. The unified program agency shall specify in writing the basis for any exemption under this subdivision.
(f)The unified program agency shall adopt procedures to provide for public input when approving applications submitted pursuant to subdivisions (d) and (e).
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Except as provided in this article, a business shall establish and implement a business plan for emergency response to a release or threatened release of a hazardous material in accordance with the standards prescribed in the regulations adopted pursuant to Section 25503 if the business meets any of the following conditions at any unified program facility:
(1)(A)It handles a hazardous material or a mixture containing a hazardous material that has a quantity at any one time during the reporting year that is equal to, or greater than, 55 gallons for materials that are liquids, 500 pounds for solids, or 200 cubic feet for compressed gas, as defined in subdivision (i) of Section 25501. The physical state and quantity present of mixtures shall be determined by the physical state of the mixture as a whole, not individual components, at standard temperature and pressure.
(B)For the purpose of this section, for compressed gases, if a hazardous material or mixture is determined to exceed threshold quantities at standard temperature and pressure, it shall be reported in the physical state at which it is stored. If the material is an extremely hazardous substance, as defined in Section 355.61 of Title 40 of the Code of Federal Regulations, all amounts shall be reported in pounds.
(2)It is required to submit chemical inventory information pursuant to Section 11022 of Title 42 of the United States Code.
(3)It handles at any one time during the reporting year an amount of a hazardous material that is equal to, or greater than the threshold planning quantity, under both of the following conditions:
(A)The hazardous material is an extremely hazardous substance, as defined in Section 355.61 of Title 40 of the Code of Federal Regulations.
(B)The threshold planning quantity for that extremely hazardous substance listed in Appendices A and B of Part 355 (commencing with Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations is less than 500 pounds.
(4)(A)It handles at any one time during the reporting year a total weight of 5,000 pounds for solids or a total volume of 550 gallons for liquids, if the hazardous material is a solid or liquid substance that is classified as a hazard for purposes of Section 5194 of Title 8 of the California Code of Regulations solely as an irritant or sensitizer, except as provided in subparagraph (B).
(B)If the hazardous material handled by the facility is a paint that will be recycled or otherwise managed under an architectural paint recovery program approved by the Department of Resources Recycling and Recovery pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of Division 30 of the Public Resources Code, the business is required to establish and implement a business plan only if the business handles at any one time during the reporting year a total weight of 10,000 pounds of solid hazardous materials or a total volume of 1,000 gallons of liquid hazardous materials.
(5)It handles at any one time during the reporting year cryogenic, refrigerated, or compressed gas in a quantity of 1,000 cubic feet or more at standard temperature and pressure, if the gas is any of the following:
(A)Classified as a hazard for the purposes of Section 5194 of Title 8 of the California Code of Regulations only for hazards due to simple asphyxiation or the release of pressure.
(B)Oxygen, nitrogen, and nitrous oxide ordinarily maintained by a physician, dentist, podiatrist, veterinarian, pharmacist, or emergency medical service provider at his or her place of business.
(C)Carbon dioxide.
(D)Nonflammable refrigerant gases, as defined in the California Fire Code, that are used in refrigeration systems.
(E)Gases used in closed fire suppression systems.
(6)It handles a radioactive material at any one time during the reporting year in quantities for which an emergency plan is required to be considered pursuant to Schedule C (Section 30.72) of Part 30 (commencing with Section 30.1), Part 40 (commencing with Section 40.1), or Part 70 (commencing with Section 70.1), 70.1) of Chapter 1 of Title 10 of the Code of Federal Regulations, or pursuant to any regulations adopted by the state in accordance with those regulations.
(7)It handles perchlorate material, as defined in subdivision (c) of Section 25210.5, in a quantity at any one time during the reporting year that is equal to, or greater than, the thresholds listed in paragraph (1).
(8)(A)It handles a combustible metal or metal alloy that is defined as a pyrophoric or water-reactive material in the California Fire Code, in any quantity at any time during the reporting year.
(B)It handles a combustible metal, or metal alloy, that is defined as a combustible dust, flammable solid, or magnesium in the California Fire Code, in a quantity at any one time during the reporting year that is equal to, or greater than 100 pounds.
(C)It handles a combustible metal, or metal alloy, that poses reactive or explosive potential, when in molten form, in a quantity at any one time during the reporting year that is equal to, or greater than, 500 pounds.
(b)The following hazardous materials are exempt from the requirements of this section:
(1)Refrigerant gases, other than ammonia or flammable gas in a closed cooling system, that are used for comfort or space cooling for computer rooms.
(2)Compressed air in cylinders, bottles, and tanks used by fire departments and other emergency response organizations for the purpose of emergency response and safety.
(3)(A)Lubricating oil, if the total volume of each type of lubricating oil handled at a facility does not exceed 55 gallons and the total volume of all types of lubricating oil handled at that facility does not exceed 275 gallons, at any one time.
(B)For purposes of this paragraph, lubricating oil means oil intended for use in an internal combustion crankcase, or the transmission, gearbox, differential, or hydraulic system of an automobile, bus, truck, vessel, airplane, heavy equipment, or other machinery powered by an internal combustion or electric powered engine. Lubricating oil does not include used oil, as defined in subdivision (a) of Section 25250.1.
(4)Both of the following, if the aggregate storage capacity of oil at the facility is less than 1,320 gallons and a spill prevention control and countermeasure plan is not required pursuant to Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.
(A)Fluid in a hydraulic system.
(B)Oil-filled electrical equipment that is not contiguous to an electric facility.
(5)Hazardous material contained solely in a consumer product, handled at, and found in, a retail establishment and intended for sale to, and for the use by, the public. The exemption provided for in this paragraph shall not apply to a consumer product handled at the facility which manufactures that product, or a separate warehouse or distribution center of that facility, or where a product is dispensed on the retail premises.
(6)Propane that is for on-premises use, storage, or both, in an amount not to exceed 500 gallons, that is for the sole purpose of cooking, heating employee work areas, and heating water within that facility, unless the unified program agency finds, and provides notice to the business handling the propane, that the handling of the on-premises propane requires the submission of a business plan, or any portion of a business plan, in response to public health, safety, or environmental concerns.
(c)In addition to the authority specified in subdivision (e), the governing body of the unified program agency may, in exceptional circumstances, following notice and public hearing, exempt a hazardous material specified in subdivision (n) of Section 25501 from Section 25506, if it is found that the hazardous material would not pose a present or potential danger to the environment or to human health and safety if the hazardous material was released into the environment. The unified program agency shall send a notice to the office and the secretary within 15 days from the effective date of any exemption granted pursuant to this subdivision.
(d)The unified program agency, upon application by a handler, may exempt the handler, under conditions that the unified program agency determines to be proper, from any portion of the requirements to establish and maintain a business plan, upon a written finding that the exemption would not pose a significant present or potential hazard to human health or safety or to the environment, or affect the ability of the unified program agency and emergency response personnel to effectively respond to the release of a hazardous material, and that there are unusual circumstances justifying the exemption. The unified program agency shall specify in writing the basis for any exemption under this subdivision.
(e)The unified program agency, upon application by a handler, may exempt a hazardous material from the inventory provisions of this article upon proof that the material does not pose a significant present or potential hazard to human health and safety or to the environment if released into the workplace or environment. The unified program agency shall specify in writing the basis for any exemption under this subdivision.
(f)The unified program agency shall adopt procedures to provide for public input when approving applications submitted pursuant to subdivisions (d) and (e).
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Jul 31, 2017 | Chaptered by Secretary of State - Chapter 159, Statutes of 2017. |
| Jul 31, 2017 | Approved by the Governor. |
| Jul 21, 2017 | Enrolled and presented to the Governor at 4 p.m. |
| Jul 17, 2017 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2570.). |
| Jul 13, 2017 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 15 pursuant to Assembly Rule 77. |
| Jul 13, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Jul 11, 2017 | Read second time. Ordered to Consent Calendar. |
| Jul 10, 2017 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Jun 21, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (June 21). Re-referred to Com. on APPR. |
| May 31, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ. |
| May 24, 2017 | Referred to Com. on EQ. |
| May 11, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 11, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1485.) |
| May 4, 2017 | Read second time. Ordered to Consent Calendar. |
| May 3, 2017 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 3). |
| Apr 5, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 4). Re-referred to Com. on APPR. |
| Mar 16, 2017 | Referred to Com. on E.S. & T.M. |
| Feb 24, 2017 | From printer. May be heard in committee March 26. |
| Feb 23, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 17, 2017 | AB 1689 E.S. & T.M. Concurrence in Senate Amendments By QUIRK | Assembly Floor |
Passed |
|
| Jul 13, 2017 | Consent Calendar 2nd AB1689 E.S. & T.M. | Senate Floor |
Passed |
|
| Jun 21, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Environmental Quality |
Passed |
|
| May 11, 2017 | AB 1689 E.S. & T.M. Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 3, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 4, 2017 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Environmental Safety and Toxic Materials |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association of Environmental Health Administrators | ** Support | Jul 12, 2017 |
| California Association Of Professional Scientists | ** Support | Jul 12, 2017 |
| California Fire Chiefs Association | ** Support | Jul 12, 2017 |
| Fire Districts Association Of California | ** Support | Jul 12, 2017 |
| Unified Program Agencies | ** Support | Jul 12, 2017 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1689
Author:(Committee on Environmental Safety and Toxic Materials)
As Amended Ver:May 31, 2017
Majority vote
ASSEMBLY: | 77-0 | (May 11, 2017) | SENATE: | 39-0 | (July 13, 2017) |
Original Committee Reference: E.S. & T.M.
SUMMARY: Adds combustible metals or metal alloy to the list of materials a business must include in its hazardous materials business plan.
The Senate amendments clarify that the form of a combustible metal required to be reported in a hazardous materials business plan includes a combustible metal in raw stock, scrap, or powder form.
EXISTING LAW: Requires a business to establish and implement a business plan for emergency response to a release or threatened release of a hazardous material if the business meets certain specified criteria. (Health and Safety Code 25507 (a))
FISCAL EFFECT: This bill was approved by the Senate Appropriations Committee pursuant to Senate Rule 28.8; therefore, the fiscal impacts of the bill are unknown, but likely negligible.
COMMENTS: Need for the bill: Any business that handles hazardous materials is required to establish a hazardous material response plan. One of the main reasons for these plans is to provide first responders with critical information about what hazardous materials are onsite when responding to an emergency. A fire at a metal recycling facility in Maywood in June 2016 was accidentally made much worse when fire fighters, responding to the blaze, sprayed water on the fire. The fire fighters were unaware of the presence of magnesium and as a result an explosion occurred, sending flames into the air and requiring the evacuation of approximately 300 people from nearby homes and businesses. The situation at Maywood highlights the need for first responders to know when a business has combustible metals on-site.
This bill closes a gap in current law by requiring any business that has combustible metals in specified quantities to include this information in their hazardous materials business plan. This information is vital to first responders so that they can safely manage and extinguish fires.
Analysis Prepared by: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0001137
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 1689
:
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 6/21/17
AYES: Wieckowski, Stone, Hill, Lara, Skinner, Stern
NO VOTE RECORDED: Gaines
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/11/17 (Consent) - See last page for vote
DIGEST:
This bill adds combustible metals or metal alloy to the list of materials a business must include in its hazardous materials business plan, as specified.
ANALYSIS: Existing law requires a business to establish and implement a business plan for emergency response to a release or threatened release of a hazardous material if the business meets any of the following:
- The business handles a hazardous material or mixture containing a hazardous material that has a quantity at any one time during the reporting year that is equal to, or greater than 55 gallons for materials that are liquids, 500 pounds for solids, or 200 cubic feet for compressed gas;
- The business is required to submit chemical inventory information pursuant to federal law;
- The business handles, at any one time during the reporting year, a total weight of 5,000 pounds for solids or a total volume of 550 gallons for liquids, if the hazardous material is a solid or liquid substance that is classified as a hazard under California regulations;
- The business handles, at any one time during the reporting year, cryogenic, refrigerated or compressed gas in a quantity of 1,000 cubic feet or more at standard temperature and pressure;
- The business handles, at any one time during the reporting year, a radioactive material in quantities for which an emergency plan is required under state or federal law or regulation; or,
- The business handles, at any one time during the reporting year, perchlorate material in a quantity at any one time that is equal to or greater than 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet for compressed gas.
This bill adds combustible metals or metal alloy to the list of materials a business must include in its hazardous materials business plan (HMBP), as specified.
Background
- Certified Unified Program Agencies (CUPAs). The Secretary of the California Environmental Protection Agency (CalEPA) oversees the “unified hazardous waste and hazardous materials management” regulatory program (Unified Program). Currently, there are 81 CUPAs in California. The Unified Program consolidates, coordinates the following six existing programs:
- Hazardous Materials Release Response Plans and Inventories (Business Plans);
- California Accidental Release Prevention Program;
- Underground Storage Tank Program;
- Aboveground Petroleum Storage Act;
- Hazardous Waste Generator and Onsite Hazardous Waste Treatment Programs; and,
- California Uniform Fire Code: Hazardous Material Management Plans and Hazardous Material Inventory Statements.
State agencies involved in the implementation of the Unified Program are responsible for setting program element standards, working with CalEPA to ensure program consistency, and providing technical assistance to the CUPAs. The following state agencies are involved with the Unified Program:
- CalEPA: The Secretary of CalEPA is directly responsible for coordinating and evaluating the administration of the Unified Program and certifying Unified Program Agencies. CUPAs are accountable for carrying out responsibilities previously handled by approximately 1,300 different state and local agencies.
- Governor’s Office of Emergency Services (Cal OES): The Cal OES evaluates and provides technical assistance for the Hazardous Material Release Response Plan (Business Plan) and the Area Plan Programs.
- The HMBP program. The HMBP was established in 1986. Its purpose is to prevent or minimize the damage to public health and safety and the environment from a release or threatened release of hazardous materials. It also satisfies community right-to-know laws. This is accomplished by requiring businesses that handle hazardous materials in quantities equal to or greater than 55 gallons of a liquid, 500 pounds of a solid, or 200 cubic feet of compressed gas, or extremely hazardous substances above the threshold planning quantity to: inventory their hazardous materials, develop a site map, develop an emergency plan, and implement a training program for employees.
Businesses must submit this information electronically to the statewide information management system, the California Environmental Reporting System (CERS). Once the submittal of the HMBP has been made to CERS, the CUPA will verify the information and provide it to agencies responsible for the protection of public health and safety and the environment. These agencies include fire departments, hazardous materials response teams, and local environmental regulatory groups.
- Explosion at a metal recycling facility in Maywood. In June of 2016, there was a three-alarm fire in the 3500 block of Fruitland Avenue which ripped through a pair of commercial buildings, sparking a series of strong explosions, and sending a thick plume of noxious smoke over the region. Firefighters found flames shooting through the roofs of two structures, one of which was a metal-recycling plant. Crews began pouring water on the flames, but the oxygen from the water created a chemical reaction with the burning magnesium, one of the metals being stored at the facility and awaiting recycling, producing what one fire official described as “fireballs” and setting off strong explosions. Several hundred people had to be evacuated from nearby homes and businesses.
Dangerous conditions imposed by tons of chemicals at the site hampered firefighters’ efforts to douse the flames. Firefighters were ordered to use a breathing apparatus because of the fumes from the magnesium and a number of other substances at the business. A hazardous-materials team was sent to the scene, and officials from the South Coast Air Quality Management District (AQMD) were notified. The AQMD later issued a smoke advisory, saying odor from the plume of smoke was prompting complaints across the region.
Comments
Purpose of Bill. According to the author, any business that handles hazardous materials is required to establish a hazardous material response plan. One of the main reasons for these plans is to provide first responders with critical information about what hazardous materials are onsite when responding to an emergency. A fire at a metal recycling facility in Maywood in June 2016 was accidentally made much worse when firefighters, responding to the blaze, sprayed water on the fire. The firefighters were unaware of the presence of magnesium and as a result an explosion occurred, sending flames into the air and requiring the evacuation of approximately 300 people from nearby homes and businesses. The situation at Maywood highlights the need for first responders to know when a business has combustible metals on-site.
The author states that AB 1689 closes a gap in current law, by requiring any business that has combustible metals in specified quantities to include this information in their HMBP. This information is vital to first responders, so that they can safely manage and extinguish fires.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Association of Environmental Health Administrators
California Association of Professional Scientists
California Fire Chiefs Association
Fire Districts Association of California
Unified Program Agencies
OPPOSITION: (Verified 7/11/17)
None received
ASSEMBLY FLOOR: 77-0, 5/11/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Dahle, O'Donnell, Patterson
7/12/17 15:32:15
**** END ****
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2017 - 2018 Regular
Bill No: AB 1689
Author: | Committee on Environmental Safety and Toxic Materials | ||
Version: | 5/31/2017 | Hearing Date: | 6/21/2017 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Rachel Machi Wagoner | ||
SUBJECT: Business plans: combustible metals.
ANALYSIS:
Existing law: requires a business to establish and implement a business plan for emergency response to a release or threatened release of a hazardous material if the business meets any of the following:
- The business handles a hazardous material or mixture containing a hazardous material that has a quantity at any one time during the reporting year that is equal to, or greater than 55 gallons for materials that are liquids, 500 pounds for solids, or 200 cubic feet for compressed gas;
- The business is required to submit chemical inventory information pursuant to federal law;
- The business handles, at any one time during the reporting year, a total weight of 5,000 pounds for solids or a total volume of 550 gallons for liquids, if the hazardous material is a solid or liquid substance that is classified as a hazard under California regulations;
- The business handles, at any one time during the reporting year, cryogenic, refrigerated or compressed gas in a quantity of 1,000 cubic feet or more at standard temperature and pressure;
- The business handles, at any one time during the reporting year, a radioactive material in quantities for which an emergency plan is required under state or federal law or regulation; or,
- The business handles, at any one time during the reporting year, perchlorate material in a quantity at any one time that is equal to or greater than 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet for compressed gas.
This bill: adds combustible metals or metal alloy to the list of materials a business must include in its hazardous materials business plan, as specified.
Background
- Certified Unified Program Agencies (CUPAs). The Secretary of the California Environmental Protection Agency (CalEPA) oversees the “unified hazardous waste and hazardous materials management” regulatory program (Unified Program). Currently, there are 81 Certified Unified Program Agencies (CUPAs) in California. The Unified Program consolidates, coordinates the following six existing programs:
- Hazardous Materials Release Response Plans and Inventories (Business Plans);
- California Accidental Release Prevention (CalARP) Program;
- Underground Storage Tank Program;
- Aboveground Petroleum Storage Act;
- Hazardous Waste Generator and Onsite Hazardous Waste Treatment Programs; and,
- California Uniform Fire Code: Hazardous Material Management Plans and Hazardous Material Inventory Statements.
State agencies involved in the implementation of the Unified Program are responsible for setting program element standards, working with CalEPA to ensure program consistency, and providing technical assistance to the CUPAs. The following state agencies are involved with the Unified Program:
- CalEPA: The Secretary of CalEPA is directly responsible for coordinating and evaluating the administration of the Unified Program and certifying Unified Program Agencies (UPAs). CUPAs are accountable for carrying out responsibilities previously handled by approximately 1,300 different state and local agencies.
- Governor’s Office of Emergency Services (Cal OES): The Cal OES evaluates and provides technical assistance for the Hazardous Material Release Response Plan (Business Plan) and the Area Plan Programs.
- The Hazardous Materials Business Plan (HMBP) program. The HMBP was established in 1986. Its purpose is to prevent or minimize the damage to public health and safety and the environment from a release or threatened release of hazardous materials. It also satisfies community right-to-know laws. This is accomplished by requiring businesses that handle hazardous materials in quantities equal to or greater than 55 gallons of a liquid, 500 pounds of a solid, or 200 cubic feet of compressed gas, or extremely hazardous substances above the threshold planning quantity to: inventory their hazardous materials, develop a site map, develop an emergency plan, and implement a training program for employees.
Businesses must submit this information electronically to the statewide information management system, the California Environmental Reporting System (CERS). Once the submittal of the HMBP has been made to CERS, the CUPA will verify the information and provide it to agencies responsible for the protection of public health and safety and the environment. These agencies include fire departments, hazardous materials response teams, and local environmental regulatory groups.
- Explosion at a metal recycling facility in Maywood. In June of 2016, there was a three-alarm fire in the 3500 block of Fruitland Avenue which ripped through a pair of commercial buildings, sparking a series of strong explosions, and sending a thick plume of noxious smoke over the region. Firefighters found flames shooting through the roofs of two structures, one of which was a metal-recycling plant. Crews began pouring water on the flames, but the oxygen from the water created a chemical reaction with the burning magnesium, one of the metals being stored at the facility and awaiting recycling, producing what one fire official described as “fireballs” and setting off strong explosions. Several hundred people had to be evacuated from nearby homes and businesses.
Dangerous conditions imposed by tons of chemicals at the site hampered firefighters’ efforts to douse the flames. Firefighters were ordered to use a breathing apparatus because of the fumes from the magnesium and a number of other substances at the business. A hazardous-materials team was sent to the scene, and officials from the South Coast Air Quality Management District (AQMD) were notified. The AQMD later issued a smoke advisory, saying odor from the plume of smoke was prompting complaints across the region.
Comments
Purpose of Bill. According to the author, any business that handles hazardous materials is required to establish a hazardous material response plan. One of the main reasons for these plans is to provide first responders with critical information about what hazardous materials are onsite when responding to an emergency. A fire at a metal recycling facility in Maywood in June 2016 was accidentally made much worse when fire fighters, responding to the blaze, sprayed water on the fire. The fire fighters were unaware of the presence of magnesium and as a result an explosion occurred, sending flames into the air and requiring the evacuation of approximately 300 people from nearby homes and businesses. The situation at Maywood highlights the need for first responders to know when a business has combustible metals on-site.
The author states that AB 1689 closes a gap in current law, by requiring any business that has combustible metals in specified quantities to include this information in their hazardous materials business plan. This information is vital to first responders, so that they can safely manage and extinguish fires.
SOURCE:
Author
SUPPORT:
California Association of Environmental Health Administrators
California Association of Professional Scientists
California Fire Chiefs Association
Fire Districts Association of California
Unified Program Agencies
OPPOSITION:
None received
-- END --
Date of Hearing: May 3, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1689
Author:(Committee on Environmental Safety and Toxic Materials) – As Introduced Ver:February 23, 2017
Policy Committee: | Environmental Safety and Toxic Materials | Vote: | 7 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill adds combustible metal or metal alloy to the list of materials a business must include in its hazardous materials business plan. Specifically, this bill requires a business to establish and implement an emergency response plan if it handles any of the following:
- Combustible metal or metal alloy that is defined as a pyrophoric or water-reactive material in the California Fire Code, in any quantity at any time during the reporting year;
- Combustible metal, or metal alloy, that is defined as a combustible dust, flammable solid, or magnesium in the California Fire Code, in a quantity at any one time during the reporting year that is equal to, or greater than 100 pounds; or,
- Combustible metal, or metal alloy that poses reactive or explosive potential, when in molten form, in a quantity at any one time during the reporting year that is equal to or greater than 500 pounds.
FISCAL EFFECT:
Minor, absorbable costs.
COMMENTS:
- Background. The Secretary of the CalEPA oversees the "unified hazardous waste and hazardous materials management" regulatory program (Unified Program). Currently, there are 81 Certified Unified Program Agencies (CUPAs) in California. The Unified Program consolidates, coordinates the following six existing programs:
- Hazardous Materials Release Response Plans and Inventories (Business Plans)
- California Accidental Release Prevention (CalARP) Program;
- Underground Storage Tank Program;
- Aboveground Petroleum Storage Act;
- Hazardous Waste Generator and Onsite Hazardous Waste Treatment Programs; and,
- California Uniform Fire Code: Hazardous Material Management Plans and Hazardous Material Inventory Statements.
Cal EPA and the Governor's Office of Emergency Services (OES) are responsible for setting program element standards to ensure program consistency, and providing technical assistance to the CUPAs.
The Hazardous Materials Business Plan (HMBP) program requires businesses that handle various hazardous materials to: inventory their hazardous materials, develop a site map, develop an emergency plan, and implement a training program for employees.
Businesses must submit this information electronically to the statewide information management system, the California Environmental Reporting System (CERS). Once the submittal of the HMBP has been made to CERS, the CUPA will verify the information and provide it to agencies responsible for the protection of public health and safety and the environment. These agencies include fire departments, hazardous materials response teams, and local environmental regulatory groups.
- Purpose. In June of 2016, there was a three-alarm fire in the 3500 block of Fruitland Avenue in Maywood, California. Several hundred people had to be evacuated from nearby homes and businesses. The fire burned through two commercial buildings and sparked a series of strong explosions, sending a thick plume of noxious smoke over the region. Firefighters found flames shooting through the roofs of two structures, one of which was a metal-recycling plant. When water was poured on the flames, oxygen from the water created a chemical reaction, an explosion, with the burning magnesium, one of the metals being stored at the facility and awaiting recycling.
Dangerous conditions imposed by tons of chemicals at the site hampered firefighters’ efforts to douse the flames. Firefighters were ordered to use a breathing apparatus because of the fumes from the magnesium and a number of other substances at the business. A hazardous-materials team was sent to the scene, and officials from the South Coast Air Quality Management District (AQMD) were notified. The AQMD later issued a smoke advisory, saying odor from the plume of smoke was prompting complaints across the region.
This bill closes a gap in current law by requiring any business that has combustible metals to include this information in their hazardous materials business plan. This information is vital to first responders, so that they can safely manage and extinguish fires.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: April 4, 2017
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bill Quirk, Chair
ABPCA Bill Id:AB 1689 (
Author:Committee on Environmental Safety and Toxic Materials) – As Introduced Ver:February 23, 2017
SUBJECT: Business plans: combustible metals
SUMMARY: Adds combustible metals or metal alloy to the list of materials a business must include in its hazardous materials business plan. Specifically, this bill:
- Includes within the requirements for a business to establish and implement a plan for emergency response to a release or threatened release if the business meets any of the following:
- The business handles a combustible metal or metal alloy that is defined as a pyrophoric or water-reactive material in the California Fire Code, in any quantity at any time during the reporting year;
- The business handles a combustible metal, or metal alloy, that is defined as a combustible dust, flammable solid, or magnesium in the California Fire Code, in a quantity at any one time during the reporting year that is equal to, or greater than 100 pounds; or,
- The business handles a combustible metal, or metal alloy that poses reactive or explosive potential, when in molten form, in a quantity at any one time during the reporting year that is equal to or greater than 500 pounds.
EXISTING LAW:
1) Requires a business to establish and implement a business plan for emergency response to a release or threatened release of a hazardous material if the business meets any of the following:
- The business handles a hazardous material or mixture containing a hazardous material that has a quantity at any one time during the reporting year that is equal to, or greater than 55 gallons for materials that are liquids, 500 pounds for solids, or 200 cubic feet for compressed gas;
- The business is required to submit chemical inventory information pursuant to federal law;
- The business handles, at any one time during the reporting year, a total weight of 5,000 pounds for solids or a total volume of 550 gallons for liquids, if the hazardous material is a solid or liquid substance that is classified as a hazard under California regulations;
- The business handles, at any one time during the reporting year, cryogenic, refrigerated or compressed gas in a quantity of 1,000 cubic feet or more at standard temperature and pressure;
- The business handles, at any one time during the reporting year, a radioactive material in quantities for which an emergency plan is required under state or federal law or regulation; or,
- The business handles, at any one time during the reporting year, perchlorate material in a quantity at any one time that is equal to or greater than 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet for compressed gas. (Health and Safety Code (HSC) 25507 (a))
FISCAL EFFECT: Unknown.
COMMENTS:
Need for the bill: Any business that handles hazardous materials is required to establish a hazardous material response plan. One of the main reasons for these plans is to provide first responders with critical information about what hazardous materials are onsite when responding to an emergency. A fire at a metal recycling facility in Maywood in June 2016 was accidentally made much worse when fire fighters, responding to the blaze, sprayed water on the fire. The fire fighters were unaware of the presence of magnesium and as a result an explosion occurred, sending flames into the air and requiring the evacuation of approximately 300 people from nearby homes and businesses. The situation at Maywood highlights the need for first responders to know when a business has combustible metals on-site.
Certified Unified Program Agencies (CUPAs): The Secretary of the CalEPA oversees the "unified hazardous waste and hazardous materials management" regulatory program (Unified Program). Currently, there are 81 Certified Unified Program Agencies (CUPAs) in California. The Unified Program consolidates, coordinates the following six existing programs:
- Hazardous Materials Release Response Plans and Inventories (Business Plans);
- California Accidental Release Prevention (CalARP) Program;
- Underground Storage Tank Program;
- Aboveground Petroleum Storage Act;
- Hazardous Waste Generator and Onsite Hazardous Waste Treatment Programs; and,
- California Uniform Fire Code: Hazardous Material Management Plans and Hazardous Material Inventory Statements.
State agencies involved in the implementation of the Unified Program are responsible for setting program element standards, working with CalEPA to ensure program consistency, and providing technical assistance to the CUPAs. The following state agencies are involved with the Unified Program:
1) CalEPA: The Secretary of the CalEPA is directly responsible for coordinating and evaluating the administration of the Unified Program and certifying Unified Program Agencies (UPAs). CUPAs are accountable for carrying out responsibilities previously handled by approximately 1,300 different state and local agencies.
2) Governor’s Office of Emergency Services (Cal OES): The Cal OES evaluates and provides technical assistance for the Hazardous Material Release Response Plan (Business Plan) and the Area Plan Programs.
The Hazardous Materials Business Plan (HMBP) program: The HMBP was established in 1986. Its purpose is to prevent or minimize the damage to public health and safety and the environment from a release or threatened release of hazardous materials. It also satisfies community right-to-know laws. This is accomplished by requiring businesses that handle hazardous materials in quantities equal to or greater than 55 gallons of a liquid, 500 pounds of a solid, or 200 cubic feet of compressed gas, or extremely hazardous substances above the threshold planning quantity to: inventory their hazardous materials, develop a site map, develop an emergency plan, and implement a training program for employees.
Businesses must submit this information electronically to the statewide information management system, the California Environmental Reporting System (CERS). Once the submittal of the HMBP has been made to CERS, the CUPA will verify the information and provide it to agencies responsible for the protection of public health and safety and the environment. These agencies include fire departments, hazardous materials response teams, and local environmental regulatory groups.
Explosion at a metal recycling facility in Maywood: In June of 2016, there was a three-alarm fire in the 3500 block of Fruitland Avenue which ripped through a pair of commercial buildings, sparking a series of strong explosions, and sending a thick plume of noxious smoke over the region. Firefighters found flames shooting through the roofs of two structures, one of which was a metal-recycling plant. Crews began pouring water on the flames, but the oxygen from the water created a chemical reaction with the burning magnesium, one of the metals being stored at the facility and awaiting recycling, producing what one fire official described as "fireballs" and setting off strong explosions. Several hundred people had to be evacuated from nearby homes and businesses.
Dangerous conditions imposed by tons of chemicals at the site hampered firefighters’ efforts to douse the flames. Firefighters were ordered to use a breathing apparatus because of the fumes from the magnesium and a number of other substances at the business. A hazardous-materials team was sent to the scene, and officials from the South Coast Air Quality Management District (AQMD) were notified. The AQMD later issued a smoke advisory, saying odor from the plume of smoke was prompting complaints across the region.
AB 1689 closes a gap in current law, by requiring any business that has combustible metals in specified quantities to include this information in their hazardous materials business plan. This information is vital to first responders, so that they can safely manage and extinguish fires.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Environmental Health Administrators
Unified Program Agencies
Opposition
None on file.
Analysis Prepared by: Josh Tooker / E.S. & T.M. /
Date of Hearing: April 4, 2017
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bill Quirk, Chair
ABPCA Bill Id:AB 1689 (
Author:Committee on Environmental Safety and Toxic Materials) – As Introduced Ver:February 23, 2017
SUBJECT: Business plans: combustible metals
SUMMARY: Adds combustible metals or metal alloy to the list of materials a business must include in its hazardous materials business plan. Specifically, this bill:
- Includes within the requirements for a business to establish and implement a plan for emergency response to a release or threatened release if the business meets any of the following:
- The business handles a combustible metal or metal alloy that is defined as a pyrophoric or water-reactive material in the California Fire Code, in any quantity at any time during the reporting year;
- The business handles a combustible metal, or metal alloy, that is defined as a combustible dust, flammable solid, or magnesium in the California Fire Code, in a quantity at any one time during the reporting year that is equal to, or greater than 100 pounds; or,
- The business handles a combustible metal, or metal alloy that poses reactive or explosive potential, when in molten form, in a quantity at any one time during the reporting year that is equal to or greater than 500 pounds.
EXISTING LAW:
1) Requires a business to establish and implement a business plan for emergency response to a release or threatened release of a hazardous material if the business meets any of the following:
- The business handles a hazardous material or mixture containing a hazardous material that has a quantity at any one time during the reporting year that is equal to, or greater than 55 gallons for materials that are liquids, 500 pounds for solids, or 200 cubic feet for compressed gas;
- The business is required to submit chemical inventory information pursuant to federal law;
- The business handles, at any one time during the reporting year, a total weight of 5,000 pounds for solids or a total volume of 550 gallons for liquids, if the hazardous material is a solid or liquid substance that is classified as a hazard under California regulations;
- The business handles, at any one time during the reporting year, cryogenic, refrigerated or compressed gas in a quantity of 1,000 cubic feet or more at standard temperature and pressure;
- The business handles, at any one time during the reporting year, a radioactive material in quantities for which an emergency plan is required under state or federal law or regulation; or,
- The business handles, at any one time during the reporting year, perchlorate material in a quantity at any one time that is equal to or greater than 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet for compressed gas. (Health and Safety Code (HSC) 25507 (a))
FISCAL EFFECT: Unknown.
COMMENTS:
Need for the bill: Any business that handles hazardous materials is required to establish a hazardous material response plan. One of the main reasons for these plans is to provide first responders with critical information about what hazardous materials are onsite when responding to an emergency. A fire at a metal recycling facility in Maywood in June 2016 was accidentally made much worse when fire fighters, responding to the blaze, sprayed water on the fire. The fire fighters were unaware of the presence of magnesium and as a result an explosion occurred, sending flames into the air and requiring the evacuation of approximately 300 people from nearby homes and businesses. The situation at Maywood highlights the need for first responders to know when a business has combustible metals on-site.
Certified Unified Program Agencies (CUPAs): The Secretary of the CalEPA oversees the "unified hazardous waste and hazardous materials management" regulatory program (Unified Program). Currently, there are 81 Certified Unified Program Agencies (CUPAs) in California. The Unified Program consolidates, coordinates the following six existing programs:
- Hazardous Materials Release Response Plans and Inventories (Business Plans);
- California Accidental Release Prevention (CalARP) Program;
- Underground Storage Tank Program;
- Aboveground Petroleum Storage Act;
- Hazardous Waste Generator and Onsite Hazardous Waste Treatment Programs; and,
- California Uniform Fire Code: Hazardous Material Management Plans and Hazardous Material Inventory Statements.
State agencies involved in the implementation of the Unified Program are responsible for setting program element standards, working with CalEPA to ensure program consistency, and providing technical assistance to the CUPAs. The following state agencies are involved with the Unified Program:
1) CalEPA: The Secretary of the CalEPA is directly responsible for coordinating and evaluating the administration of the Unified Program and certifying Unified Program Agencies (UPAs). CUPAs are accountable for carrying out responsibilities previously handled by approximately 1,300 different state and local agencies.
2) Governor’s Office of Emergency Services (Cal OES): The Cal OES evaluates and provides technical assistance for the Hazardous Material Release Response Plan (Business Plan) and the Area Plan Programs.
The Hazardous Materials Business Plan (HMBP) program: The HMBP was established in 1986. Its purpose is to prevent or minimize the damage to public health and safety and the environment from a release or threatened release of hazardous materials. It also satisfies community right-to-know laws. This is accomplished by requiring businesses that handle hazardous materials in quantities equal to or greater than 55 gallons of a liquid, 500 pounds of a solid, or 200 cubic feet of compressed gas, or extremely hazardous substances above the threshold planning quantity to: inventory their hazardous materials, develop a site map, develop an emergency plan, and implement a training program for employees.
Businesses must submit this information electronically to the statewide information management system, the California Environmental Reporting System (CERS). Once the submittal of the HMBP has been made to CERS, the CUPA will verify the information and provide it to agencies responsible for the protection of public health and safety and the environment. These agencies include fire departments, hazardous materials response teams, and local environmental regulatory groups.
Explosion at a metal recycling facility in Maywood: In June of 2016, there was a three-alarm fire in the 3500 block of Fruitland Avenue which ripped through a pair of commercial buildings, sparking a series of strong explosions, and sending a thick plume of noxious smoke over the region. Firefighters found flames shooting through the roofs of two structures, one of which was a metal-recycling plant. Crews began pouring water on the flames, but the oxygen from the water created a chemical reaction with the burning magnesium, one of the metals being stored at the facility and awaiting recycling, producing what one fire official described as “fireballs” and setting off strong explosions. Several hundred people had to be evacuated from nearby homes and businesses.
Dangerous conditions imposed by tons of chemicals at the site hampered firefighters’ efforts to douse the flames. Firefighters were ordered to use a breathing apparatus because of the fumes from the magnesium and a number of other substances at the business. A hazardous-materials team was sent to the scene, and officials from the South Coast Air Quality Management District (AQMD) were notified. The AQMD later issued a smoke advisory, saying odor from the plume of smoke was prompting complaints across the region.
AB 1689 closes a gap in current law, by requiring any business that has combustible metals in specified quantities to include this information in their hazardous materials business plan. This information is vital to first responders, so that they can safely manage and extinguish fires.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Environmental Health Administrators
Unified Program Agencies
Opposition
None on file.
Analysis Prepared by: Josh Tooker / E.S. & T.M. /
Bill Author
Bill Co-Author(s):