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CALIFORNIA ENVIRONMENTAL <br /> PROTECTION AGENCY <br /> A A7THEWRODRIQUEZ 10011 STREET,SACRAMENTO,CALIFORNIA 95814•P.O.BOX 2815,SACRAMENTO,CALIFORNIA 95812-2815 EDMUND G.BROWNJR, <br /> SECRETARY FOR (916)3232514•(916)3244908 FAx-www.cALEPA.CA.GOy <br /> 6WIRONMEWAL PROTECTION GOVERNOR <br /> February 28, 2014 <br /> Unified Program Guidance Letter 14-07 <br /> SUBMITTALS MADE BY MILITARY OR OTHER FEDERAL GOVERNMENT <br /> OPERATED FACILITIES IN THE CALIFRONIA ENVIRONMENTAL REPORTING <br /> SYSTEM (CERS) <br /> To: Unified Program Agencies (UPA) <br /> Within the jurisdiction of the Unified Program and as required by Health and Safety <br /> Code, Chapter 6.11, Section 25404(e)(4) and Chapter 6.95, Article 1, a regulated facility <br /> that manufactures, produces, or uses hazardous materials or hazardous waste is <br /> required to report Business Plan information and documents electronically to its UPA <br /> using CERS or a local reporting portal that exchanges data with CERS. This includes <br /> chemical inventory, employee training and facility release response information. For <br /> facilities in the state, reporting Business Plan information makes them compliant with <br /> similar federal requirements. <br /> Throughout the state, many of these facilities are operated or managed by the military <br /> and other federal government entities. Congress has not waived sovereign immunity for <br /> the federal hazardous materials storage program at these facilities, thus preventing the <br /> UPA from implementing the state Business Plan law at some of these facilities. These <br /> facilities are instead reporting under the federal Emergency Planning and Community <br /> Right-to-Know Act (EPCRA) law. For more information about federal immunity refer to <br /> the Unified Program Bulletin 0809-01 and the Unified Program Guidance Letter 12-01 <br /> Amended. Because UPAs are not required to receive and review federally required <br /> submissions reported through CERS from the facilities where the state Business Plan <br /> requirement is not implemented, there is a lack of clarity and consistency in how UPAs <br /> process these federal facility submissions. This guidance letter provides instruction on <br /> how the UPA should process electronic submittals in CERS from these facilities. <br /> The California Environmental Protection Agency (CaIEPA) desires that military and <br /> other federal government facilities submit information to CERS to meet their state and <br /> federal reporting obligations for the state's Unified Program and the federal EPCRA 312 <br /> Hazardous Chemical Inventory Reporting program. CaIEPA recommends UPAs take <br /> AIR RESOURCES BOARD•DEPARTMENT OF PESTICIDE REGULATION•DEPARTMENT CFTC=SUBSTANCES CONTROL <br /> OFFICE OF ENVIRONMENTAL HEALTH HA7ARD ASSESSMENT•DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY <br /> STATE WATER RESOURCES CONTROL BOARD• REGIONAL WATER QUALITY CONTROL BOARDS <br /> 6 Printed nn Re ded Nper <br />