This analysis has been prepared to respond to questions regarding the preparation of a Hazardous Materials Inventory Statement (HMIS) as required by state and local laws. Note that this analysis does not address reporting requirements necessary for new construction projects where the building occupancy classification must be determined.

Summary
Facilities should not provide lengthy inventories of hazardous materials stored below the reporting threshold as it makes the HMIS more difficult for emergency responders to use. Additionally, all information (other than trade secrets) provided in an HMIS is available for public review. With certain exceptions, facilities should report below-threshold-quantity materials by combining quantities of materials having the same hazard class and reporting that amount by the hazard class. Refer to the conclusion below for examples of exceptions.

Background
The model Hazardous Materials Storage Ordinance (HMSO) was developed in 1982 and adopted by all cities and the county in Santa Clara County in 1983. The HMSO established the quantities of 55 gallons, 500 pounds, or 200 cubic feet for a specific hazardous material as the threshold for filing a Hazardous Materials Management Plan (HMMP) and HMIS. Below this threshold a facility could file a Short Form HMMP (now called a Registration Form).

The HMMP requirement included the submission of a Facility Map showing the storage locations, and a 'storage area form' that included a list of the materials exceeding the threshold, the hazard classes of all of the materials stored in each storage area, and the quantity range of each hazard class.

In addition to the Facility Map 'storage area form,' the HMSO required the submission of an HMIS listing each hazardous material whose quantity at the facility equaled or exceeded the thresholds listed above.

The Short Form HMMP required the submission of a simple Facility Map that included a listing of the hazard classes and physical state of the hazardous materials stored in each storage area.

Analysis
One of the primary purposes of the HMSO was to assist local emergency responders in planning and responding to hazardous materials incidents. The authors believed that a facility map with a map storage key showing the hazard classes and their quantities associated with each storage area plus the names of the materials would provide emergency responders with the information they needed for planning and response. It was felt by the authors that quantities below the reporting threshold need only be identified by the hazard class of the materials. This is evidenced by the establishment of a reporting threshold for the HMMP and HMIS, and further confirmed by the requirement for a Short Form HMMP for facilities where no single hazardous material exceeded the reporting threshold. Refer to sections 17.16.020(3) and 17.16.030(2) below. Note that section 17.16.020(3) requires the submission of hazard class or classes up to and including 500 pounds for solids, 55 gallons for liquids, and 200 cubic feet at STP for compressed gases. Even though we prefer the actual quantity instead of Quantity Range, the reference to reporting materials by hazard class below the reporting threshold is clear.

The HMIS was created primarily to respond to the community's desire to know what was stored at the facility rather than for emergency response, although it complemented the Facility Map 'storage area form'.

During the initial implementation of the HMSO, many found that the requirement for an HMIS and a separate Facility Map 'storage area form' containing similar information was confusing. Further, the state combined this information into the requirements for the HMIS when it established the Hazardous Materials Business Plan reporting requirements in Health and Safety Code Chapter 6.95. H&S Section 25509(a)(5) specifically required that the HMIS include, "Sufficient information on how and where the hazardous materials disclosed….are handled by the business to allow fire, safety, health, and other appropriate personnel to prepare adequate emergency responses to potential releases of the hazardous materials."

Conclusion
As a practical solution, we have combined the HMIS and the Facility Map 'storage area form' requirements. The HMIS now must include the storage location code which is provided on the facility map. Inspectors are encouraged to work with facilities to ensure that the HMIS meets the needs of both the emergency responders and the public, and meets state and local laws and ordinances.

Facilities should not provide lengthy inventories of materials below the reporting threshold as it makes the HMIS more difficult for emergency responders to use. Additionally, all information (other than trade secrets) provided in an HMIS is available for public review. Facilities should report below-threshold-quantity materials by combining quantities of materials having the same hazard class and reporting that amount by the hazard class.

There are certain exceptions: Any quantity of gases regulated under the Toxic Gas Ordinance must be reported on the inventory. Other hazardous materials below the reporting threshold may be required to be reported if they present an unusual hazard, such as water reactive materials, or materials that are highly toxic, radioactive, carcinogenic or explosive. Facilities are encouraged to work with inspectors to determine the need for additional information to ensure that emergency response personnel are prepared.

Dan Firth
Environmental Protection Coordinator
Palo Alto Fire Department

Code References:
PAMC 17.16.020 Standard form HMMP.
(c) Facility Storage Map. ….The facilities storage map shall indicate the location of each hazardous materials storage facility and access to such storage facilities….
For each storage facility, the map and associated identified storage area form shall contain information as prescribed below, except that where the hazardous material being stored is a trade secret, it shall be identified in a coded manner (and the key shall be provided separately) and not in a manner which would reveal trade secret information:
(1) A floor plan to scale and the permit quantity limit;
(2) An identified storage area form shall be provided for each location in which a hazard class or hazardous material exceeds those quantities specified in Section 17.20.020(a). Each such location shall be indicated on the facility map. For each nonwaste hazardous material which is stored in a quantity greater than the quantities specified in Section 17.20.020(a), the general chemical name, common/trade name, major constituents for mixtures, United Nations (UN) or North America (NA) number, if available, and physical state. For each waste hazardous material stored in any quantity within the storage facility, the presence of wastes shall also be indicated;
(3) For all hazardous materials, including wastes, stored in such identified storage area, the hazard class or classes and the quantity range for each such class, aggregated within each storage facility, in the following ranges:

Quantity - Range - Number Range Amounts
1 Up to and including 500 pounds for solids, 55 gallons for liquids, and
200 cubic feet at STP for compressed gases,
2 Between 500 and 5,000 pounds for solids, 55 and 550 gallons for
liquids, and 200 and 2,000 cubic feet at STP of compressed gases,
3 Between 5,000 and 25,000 pounds for solids, 550 to 2,750 gallons for
liquids, and 2,000 to 10,000 cubic feet at STP for compressed gases,
4 Between 25,000 and 50,000 pounds for solids, 2,750 and 5,500
gallons for liquids, and 10,000 and 20,000 cubic feet at STP for
compressed gases,
5 More than 50,000 pounds for solids, 5,500 gallons for liquids, and
20,000 cubic feet at STP for compressed gases;

(4) For materials not regulated under this title, but regulated under the Uniform Fire Code, such as radioactives or cryogens, or for materials stored in storage facilities exempted by Section 17.52.040(a) and (b), the fire chief may require that the hazard class or classes and the quantity range of each such hazard class, using the quantity ranges listed in subsection (3) above, be provided;
(5) For hazardous materials which are water reactive, the map shall provide a code for their location;

PAMC 17.16.030 Short form HMMP - Minimal storage site.

(a) A facility qualifies as a minimal storage site if the quantity of each hazardous material stored in one or more storage facilities in an aggregate quantity for the entire facility is five hundred pounds or less for solids, fifty-five gallons or less for liquids, or two hundred cubic feet or less at STP for compressed gases.

(b) The applicant for a permit for a facility which qualifies as a minimal storage site may opt to file the short form hazardous material management plan. Such plan shall include the following components:

(2) A simple line drawing of the facility showing the location of the storage facilities and indicating the hazard class or classes and physical state of the hazardous materials being stored, whether any of the material is a waste, and shall indicate presence and location of hazardous materials which are water reactive;

PAMC 17.20.010 Hazardous materials inventory statement.

PAMC 17.20.020 Information required.

(a) Information shall be included in the HMIS for each hazardous material or mixture containing a hazardous material stored or handled in a facility (aggregated over all such materials stored in one or more storage facilities) where the aggregate quantity throughout the facility at any one time during the reporting year is equal to or greater than five hundred pounds in weight for solids, fifty-five gallons for liquids, or two hundred cubic feet at standard temperature and pressure (STP) for compressed gases. Additionally, an HMIS also shall be filed for any "acutely hazardous materials" stored on site, above threshold reporting quantities pursuant to 42 U.S.C. 11001.

(b) The information in the HMIS shall include:

(1) For nonwastes: The general chemical name, common/trade name, major constituents for mixtures, the manufacturer, United Nations (UN) or North America (NA) number, if available, and the hazard class or classes and the material safety data sheet (MSDS) or equivalent information as required by city;

(2) For wastes: The three digit state waste number, using the number listed on the California Department of Health Services Uniform Hazardous Waste Manifest, DHS form 8022, the total estimated amounts of hazardous waste handled by the business throughout the year, the general chemical and mineral composition of the waste listed by probable maximum and minimum concentration, and the hazard class or classes;

(3) For both wastes and nonwastes, the following additional information shall be required: physical state, physical and health hazards, average daily amount, maximum capacity of largest container for each material, number of days on site, storage code (storage container type, pressure and temperature), and any additional Tier II inventory information required by Section 11022 of Title 42 of the United States Code, as that section may be amended from time to time;

(4) A listing of the chemical name and common names of every other hazardous material or mixture containing a hazardous material handled by the business which is not otherwise listed pursuant to paragraphs (1) or (2) of this subsection;

California Heath and Safety Code, Chapter 6.05

25503.5. (a) Any business, except as provided in subdivisions (b) and (c), that handles a hazardous material or a mixture containing a hazardous material that has a quantity at any one time during the reporting year equal to, or greater than, a total weight of 500 pounds, or a total volume of 55 gallons, or 200 cubic feet at standard temperature and pressure for compressed gas, or, if the substance is a radioactive material that is handled in quantities for which an emergency plan is required to be adopted pursuant to Part 30 (commencing with Section 30.1), Part 40 (commencing with Section 40.1), or Part 70 (commencing with Section 70.1), of Chapter 10 of Title 10 of the Code of Federal Regulations (54 Federal Register 14051), or pursuant to any regulations adopted by the state in accordance with those regulations, 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.

25504. Business plans shall include all of the following: (a) The inventory of information required by Section 25509 and whatever additional information that the administering agency finds is necessary to protect the health and safety of persons, property, or the environment.