Certified Unified Program Agency (CUPA)
WHAT IS A CUPA?
Before 1993, California businesses handling hazardous materials were subject to regulation by several different state and local agencies, each with their own permitting, inspection, and fee procedures. Senate Bill 1082, passed in 1993, created the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program (Unified Program), which consolidated six hazardous materials and waste programs (program elements) under one local 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, annual fees for each program element are combined into a single fee system, a single combined operating permit is issued, inspections are combined where possible, and enforcement procedures are made more consistent. The goal of the Unified Program is to ensure hazardous material safety in a cohesive, effective and efficient program. As part of this program, the State has assessed service fees (surcharges) 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 [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.
A business is required to establish and submit a Business Plan if the facility handles hazardous material in quantity 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 gases and those materials for which the manufacturer has established a Safety Data Sheet (SDS) or have a NFPA/HMIS 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 https://cers.calepa.ca.gov .
BUSINESS PLAN ANNUAL REPORTING REQUIREMENTS
A business that handles hazardous materials equal to or greater than the threshold quantities must meet annual state-specified electronic reporting requirements. Annual submissions are satisfied by submitting changes through the California Environmental Reporting System (CERS) https://cers.calepa.ca.gov. HMBP submissions and re-certifications will be accepted throughout the year provided they are submitted within 12 months of the last submission or re-certification date.
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 submitting the Facility Information, Hazardous Materials Inventory, and Emergency Response and Training Plan elements via CERS per the initial or prior submittal.
If There Are Changes To A Business Plan:
A business must submit all changes through CERS to include any updates to the Facility Information, Hazardous Materials Inventory, facility site maps, and the Emergency Response/Contingency Plan.
- Cal/EPA Unified Program
- California CUPA Forum – a statewide alliance of Unified Program agencies
- State of California Department of Toxic Substances Control
- Office of the State Fire Marshal Unified Program