Hazardous Materials Business Emergency Plan (BEP)
What is a BEP?
A BEP is a written set of procedures and information created to help minimize the effects and extent of a release or threatened release of a hazardous material. The intent of the BEP is to satisfy Federal and State Community Right-To-Know laws and to provide detailed information for use by emergency responders.
What is a hazardous material?
A hazardous material is defined as any material that because of its quantity, concentration, physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the work place or environment. Hazardous materials include, but are not limited to, hazardous substances, hazardous wastes, and any material that a business or the local implementing agency has a reasonable basis for believing would be injurious to the health and safety of persons or harmful to the environment.
What are the reporting quantities?
Per the California Health and Safety Code (HSC), Chapter 6.95, Section 25500 - 25532, a BEP must be submitted by any business that handles a hazardous material or a mixture containing a hazardous material in quantities equal to, or greater than, those outlined below:
  1. A total weight of 500 pounds or a total volume of 55 gallons.
  2. 200 cubic feet at standard temperature and pressure for compressed gas.
  3. A radioactive material handled in quantities for which an emergency plan is required pursuant to Parts 30, 40 or 70 of Chapter 10, Title 10, Code of Federal Regulations (CFR), or equal to or greater than the amounts specified above, whichever amount is less.
  4. The threshold planning quantity for extremely hazardous substances as listed in 40 CFR, Sec. 355, Appendix A, or Regulated Substances as defined in Section 25532 of the HSC, is equal to or greater than the amounts listed in items 1 or 2 above, whichever is less.
  5. A total weight of ten pounds for organic peroxides, any known or suspected carcinogen, radioactive or highly toxic material, or Class 1.1, 1.2, or 1.3 explosive.
What are the general exemptions from BEP disclosure requirements?
  1. Hazardous material contained solely in a consumer product for direct distribution to, and use by, the general public is exempt from the BEP requirements. If the Administering Agency finds (and provides notice to the business handling the product) that handling of certain quantities of the product endangers the public health, safety or the environment, the submission of a BEP, or any portion thereof, may be required.(HSC 25503.5, 25505 and 4O CFR 370.2)
  2. Any hazardous material contained in any rail car, rail tank car, rail freight container, marine vessel, or marine freight container remaining within the same railroad facility, marine facility, or business facility for less than 30 days is exempt from the business plan requirements. (HSC 25503.7)
  3. Oxygen, nitrogen, and nitrous oxide, ordinarily maintained by a physician, dentist, podiatrist, veterinarian, or pharmacist, at his or her office or place of business, and stored at each office or place of business in quantities of not more than 1,000 cubic feet of each material at any one time is exempt from the business plan requirements. (HSC 25503.5, 25505)
  4. Lubricating oil is exempt from the business plan requirements for a single business facility if the total volume of each type of lubricating oil handled at that 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. (HSC 25503.5, 25505)
  5. A business operating an unstaffed, remote facility located in an isolated, sparsely populated area is exempt from the BEP requirements if the facility is not otherwise subject to the requirements of applicable federal law and is approved by the local administrating agency. (HSC 25503.5, 25505)
How often do I have to update or recertify my BEP?
Within 30 days of any one of the following events, any business subject to the BEP requirements shall submit an amendment of their BEP to the local implementing agency:
  1. A 100 percent or more increase in the quantity of a previously disclosed hazardous material.
  2. Any handling of a previously undisclosed hazardous material subject to the inventory requirements of this chapter.
  3. Change of business address.
  4. Change of ownership.
  5. Change of business name.
You are required to certify your inventory of hazardous materials handled at your business every year. If no changes have been made to your inventory, a written certification will suffice for the update. If changes have been made, those changes must be submitted to the local agency.
You are required to review your BEP at least once every three years to determine if a revision is necessary. You must certify in writing to the local implementing agency that a review was conducted and all necessary changes were made. A copy of all changes must be submitted as part of the certification.
Are there penalties for failure to submit a BEP?
Failure to submit a BEP or annual certification form and annual permit fees may result in penalties and/or additional fees as outlined bellow:

  1. Failure to disclose can result in fines up to $2,000.00 per day.
  2. Violations occurring after reasonable notice has been given can result in fines of up to $5,000.00 per day.
  3. Any violation of the HSC is a misdemeanor punishable by fines and/or imprisonment.
Verification of disclosure information will be handled through the routine inspection program and special verification inspections, as needed.
What are the requirements for reporting a release or threatened release of a hazardous material?
Per the California Health and Safety Code, Chapter 6.95, Section 25507, the handler or any employee, authorized representative, agent, or designee of a handler shall, upon discovery, immediately report any release or threatened release of a hazardous material to the local implementing agency, and to the Office of Emergency Services (OES). It may also be necessary to submit a written follow-up report to the OES or report the release to other agencies. Contact your local jurisdiction for forms.
City of Riverside Fire Department | BEP Home