WHAT IS A CUPA?
Senate Bill 1082, passed in 1993, created the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program (Unified Program), which requires the administrative consolidation of six hazardous materials and waste programs (program elements) under one agency, a Certified Unified Program Agency (CUPA). The program elements consolidated under the Unified Program are as follows:
- Hazardous Materials Inventory and Business Plan Program
- Hazardous Waste Generator
- Onsite Hazardous Waste Treatment (Tiered Permitting) Programs
- Underground Storage Tank (UST) Program
- Aboveground Storage Tank Spill Prevention Control and Countermeasure Plan (SPCC) Program
- California Accidental Release Prevention (CalARP) Program
Under the Unified Program, application forms are standardized and consolidated, inspections are combined where possible, annual fees for each program element are merged into a single fee system, and enforcement procedures are made more consistent. The goal of the Unified Program is to create a more cohesive, effective and efficient program. As part of this program, the State has assessed a service fee (surcharge) to fund their oversight activities; the local agency collects the surcharge for the state, but retains no portion of it.
CUPA PROGRAM ELEMENTS
Hazardous Material Business Plan (also known as a Unified Program Facility Permit Application) [Health and Safety Code (H&SC), Chapter 6.95] A Business Plan means a separate plan for each facility, site, or branch of a business. the completion and submittal of the Business Plan serves as the CUPA Unified Program Permit Application.
A business is required to establish and submit a Business Plan if the facility handles hazardous material equal to or greater than 55 gallons, 500 pounds or 200 cubic feet at any time during the year. Examples of common materials considered to be hazardous are all types of fuels (including propane), oil (including both new and used oil), paints, inks, solvents, compressed gas over 200 cubic feet at or above 15 psi and those materials which require a Material Safety Data Sheet (MSDS) or have a NFPA rating of 1 or higher for health, flammability, reactivity or have a specific hazard.
Businesses are required to notify Oxnard Fire CUPA within (30) days of any substantial change to their Business Plan. This would include a 100 percent change in the quantity of any hazardous material handled, any new hazardous material handled over the threshold quantities, a substantial change in operations, or a change of business address, ownership or name. Notification can be satisfied by submitting changes through the California Environmental Reporting System (CERS) at http://cers.calepa.ca.gov/Home .
BUSINESS PLAN ANNUAL REPORTING REQUIREMENTS
A business that handles hazardous materials equal to or greater than the threshold quantities must meet state-specified reporting requirements by March 1 of each year by signing and returning the mailed Business Plan Certification Statements.
The Business Plan Annual Reporting Requirements are:
If There Are No Changes To A Business Plan:
A business can comply with the annual state reporting requirements by signing the Business Plan Certification Statement and remitting to the City of Oxnard Fire/CUPA on or before March 1.
If There Are Changes To A Business Plan:
A business must submit a signed Business Owner/Operator Identification form and where a change has occurred, a Hazardous Material Inventory-Chemical Description form on or before March 1. You can submit a Certification Statement for all other hazardous materials where no change has occurred (see below if your business handles an extremely hazardous substance (EHS) or 10,000 pounds of a hazardous material). The forms are available under CUPA Forms and Handouts” .
If Your Business Handles An Extremely Hazardous Substance (EHS) Or 10,000 Pounds Of A Hazardous Materials:
If your business handles: 1) a hazardous material equal to or greater than 10,000 pounds or 2) an extremely hazardous substance (EHS) as listed in Appendix A, Part 355, Title 40 of the Code of Federal Regulations equal to or greater than 500 pounds or the applicable federal threshold planning quantity (TPQ), whichever is lower, you must submit the following forms annually on or before March 1: a) Business Activities Page, b) signed Business Owner/Operator Identification, and c) a signed Hazardous Material Inventory-Chemical Description for each hazardous material equal to or greater than 10,000 pounds or each EHS equal to or greater than 500 pounds or the applicable TPQ, whichever is lower. You can submit a certification for all other hazardous materials where no change has occurred. The forms are available under "CUPA Forms and Handouts” .
In addition, a business subject to the Business Plan requirements must maintain (onsite) the Business Emergency Response Plan and Training Plan.
Handlers of hazardous materials shall, upon discovery, immediately report any release or threatened release of a hazardous material by calling 911 and the Office of Emergency Services (OES).
Hazardous Waste Generator (H&SC, Chapter 6.5)
Any business, which generates a hazardous waste, must obtain a permit from the CUPA. Waste is generally considered hazardous if it is ignitable, corrosive, toxic, reactive, or if it can be shown to be detrimental to health and/or the environment. If the waste is detrimental to health or the environment, it is usually listed specifically by the State as a regulated waste. Examples of hazardous waste include used oil and antifreeze, waste cleaning solvents, waste acid or alkaline cleaners, waste plating solutions containing metals, etc.
To obtain an EPA ID#, please refer to the State of California Department of Toxic Substances Control Publications and Forms page.
Hazardous Waste Treatment (Tiered Permitting) [H&SC, Chap. 6.5]
If a business treats the hazardous waste it generates, by altering its physical, chemical or biological state, the business is subject to tiered permitting requirements. Businesses treating their hazardous waste may include plating shops, metal-etching shops, acid or alkaline chemical mixers, etc. Treatment methods include precipitation, evaporation, absorption, phase separation, distillation, neutralization, etc.
If the business does not treat their waste onsite (e.g., by having all hazardous waste removed by a registered hazardous waste hauler), the business does not need a tiered permitting permit, but again, a hazardous waste generator permit is required.
Underground Storage Tank (UST) (H&SC, Chapter 6.7)
All UST systems must be permitted. A storage tank system includes the tank itself, the associated piping, the monitoring system, and related equipment. In addition to the annual CUPA operating permit, permits are also required to remove (close), install, or modify an UST system. Moreover, secondary containment testing is now required every 3 years for all UST systems installed prior to January 1, 2001 and within 6 months after installation and then every 3 years thereafter for all new UST systems.
Please note the State Water Resources Control Board (SWRCD) has adopted changes to the Underground Storage Tank (UST) regulations that went into effect on May 8, 2004. Changes include requirements for certification of individuals who are responsible for the operations and compliance at an UST facility (defined as "Designated UST Operations").
- "Designated UST Operator" means one or more individuals designated by the UST "owner" to have responsibilities for training facility employees and conducting a monthly visual inspection at the UST facility. Operator must possess a current "California UST System Operator" certification issued by the international Code Council (ICC) by January 1, 2005. Certification must be renewed every 24 months.
- Submit a signed statement (Forms and handouts) to the local agency every 24 months, which includes:
- "Owner" understands and is in compliance with all applicable UST requirements.
- "Owner" notifies the local agency of the Designated UST Operator for each facility owned. The owner shall notify the local agency of any change of designated UST operator(s) no later than 30 days after change.
Please contact Oxnard Fire/CUPA to request the following UST documents (please note that we can send documents via e-mail):
Closure requirements, including sampling and analytical requirements;
- Installation requirements
- Secondary containment testing requirements.
California Aboveground Petroleum Storage Act (APSA) (H&SC, Section 25270.5)
Any facility that has an aggregate aboveground petroleum storage capacity of 1,320 gallons or more may be subject to this law. It is the capacity that counts rather than the actual amount of petroleum stored. The capacity of all aboveground tanks, containers, hydraulic systems, and oil-filled manufacturing and operational equipment with a design/shell capacity equal to or greater than 55 gallons should be added together. Under APSA, petroleum is defined as crude oil or a fraction thereof which is liquid at 60°F and 14.7 pounds per square inch absolute pressure. It includes new and used oil; petroleum-based liquid fuels such as gasoline, diesel, and aviation fuels; lubricating oils; etc. Under this definition, petroleum does not include propane, liquid petroleum gas (LPG), liquid natural gas (LNG), or antifreeze.
- Cal/EPA website: http://www.calepa.ca.gov/cupa/aboveground
- US EPA website: http://www.epa.gov/emergencies/content/spcc/index.htm
- APSA Frequently Asked Questions (revised October 14, 2011)
- APSA Brochure
- Spill Prevention Control and Countermeasure (SPCC) Plan Requirements
- SPCC statute - 40 CFR 112
California Accidental Release Prevention (CalARP) Program (H&SC, Chapter 6.95)
The CalARP Program replaces the California Risk Management and Prevention Program (RMPP). The intent of the program is to prevent the release of materials that could cause harm to the public or the environment, and to ensure there are proper mitigation measures in place should a release occur. There are approximately 350 regulated substances subject to this law. The regulated substances are either acutely toxic (such as chlorine, ammonia, sulfur dioxide and hydrogen fluoride) or are highly flammable (such as propane, butane, hydrogen and acetylene). A facility that utilizes over a specified threshold quantity of one of these regulated substances must prepare a Risk Management Plan (RMP). The main elements in the CalARP program include an accident history, a consequence analysis, a prevention program, and an emergency response element.
Oxnard Fire Department