Winery Hazardous Materials
Many materials used in vineyards and wineries exhibit hazardous characteristics, and, in the interest of safety of the public, emergency responders, and the environment, all businesses are required by law to report hazardous materials and give them special handling.
Why the Regulation Exists:
Materials are considered hazardous if they pose a significant potential or present threat to human health and safety or to the environment if released. The “hazardousness” of any material stored depends on its quantity, concentration, and physical or chemical characteristics. Wastes generated during operations are considered hazardous if they meet the formal definitions of toxic, reactive, ignitable or corrosive, or if they are listed or defined as hazardous. It is the waste generator’s responsibility to determine the characteristic(s) of their wastes.
Do I need a Permit?
Answer the question prompts below to determine if a permit is needed for your operation. Click on a topic below to jump directly to that section or scroll down the page to work through each topic.
Small Quantity Generators (SQGs)
Answer the question below to determine if this permit is relevant to your operation:
Question:
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Does your facility generate less than 1,000kg of hazardous waste per month, excluding universal wastes, and/or 1kg or less of acutely or extremely hazardous waste per month? This includes wastes from throughout the winery, including administration, cellar, maintenance, and the lab.
If yes, you may be a Small Quantity Generators (SQG). You will need an EPA ID number and must comply with appropriate requirements.
For more information:
Pressure Vessel Permits
Answer the questions below to determine if this permit is relevant to your operation:
Questions:
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Does your facility have any boilers (pressure vessel used to generate steam pressure by the application of head), air pressure tanks, or liquefied petroleum gases (LPG) tanks?
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Are the air tanks or LPG propane storage tanks over 125 gallons or are the high pressure boilers over 15 psig steam?
If yes, a permit may be needed from the Department of Industrial Relations, Pressure Vessel Unit.
For more information:
Pesticide Use
Answer the questions below to determine if this permit is relevant to your operation:
Questions:
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Does your facility use sulfur dioxide for barrel treatment (fumigation) or cork sanitation?
If yes, you need to ensure you are using a product that has been approved and registered, that a registered and licensed pesticide applicator is overseeing the use, and that appropriate reports are provided to the agricultural commissioner office
Certified Unified Program Agencies (CUPA) Oversight
Six state environmental programs regulate hazardous waste and materials management in California. In 1994, the state consolidated the six programs into one program known today as the Unified Program. The authority in charge of implementing and enforcing the Unified Program is known as a Certified Unified Program Agency (CUPA). CUPA is a local agency certified by CalEPA. All 81 local CUPA agencies belong to the California CUPA Forum which provides a single voice for Unified Program implementation. There are six programs under the Unified Program, covered by the questions below, that apply to the entire facility including administration, winery cellars, maintenance, shops and lab.
For more information:
Hazardous Materials Business Plan/ Inventory Statement
Answer the questions below to determine if this permit is relevant to your operation:
Questions:
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Does your winery handle hazardous materials in quantities equal to or greater than: 55 gallons of a liquid, 500 pounds of a solid, or 200 cubic feet of compressed gas, or extremely hazardous substances above the threshold planning quantity?
If yes, you need to submit a Hazardous Materials Business Plan (HMBP) electronically to the statewide information management system (California Environmental Reporting System (CERS)). Contact your local CUPA for more information and registration details.
Spill Prevention, Control and Countermeasure (SPCC) Plans
Answer the questions below to determine if this permit is relevant to your operation:
Questions:
1. Does your vineyard or winery manage aggregate aboveground petroleum storage capacities of 1,320 gallons or more? This includes aboveground storage containers or tanks with petroleum storage capacities of 55 gallons or greater and also includes portable tanks.
If yes, you will need to register with the local CUPA agency, pay a fee, and develop and implement a SPCC plan. All regulated facilities must meet federal SPCC rule requirements.
2. Does your facility maintain aggregate aboveground petroleum storage capacities above 10,000 gallons?
If yes, your SPCC plan will need to be developed, signed, and stamped by a licensed Professional Engineer as well as a register with the local CUPA agency and pay an annual fee. All regulated facilities must meet federal SPCC rule requirements.
Background:
SPCC Plans are facility-specific plans that address the requirements of the Oil Pollution Prevention Regulation. This regulation began in 1973 under the Clean Water Act and underwent revisions in the 1990s which the EPA finalized in 2002. The Oil Pollution Prevention Regulation requires the following: the prevention of, preparedness for, and response to oil discharges at specific non-transportation-related facilities. The goal of this regulation is to prevent oil from reaching navigable waters and adjoining shorelines, and to contain discharges of oil. The regulation requires these facilities to develop and implement Spill Prevention, Control and Countermeasure (SPCC) Plans and establishes procedures, methods, and equipment requirements.
For more information:
California Accidental Release Prevention (CAL-ARP) Program
Answer the questions below to determine if this permit is relevant to your operation:
Questions:
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Does your winery (including cellars, lab, shops, wastewater systems, refrigeration, etc.) have more than a threshold quantity of a regulated substance?
If yes, you may want to contact your CUPA agency for guidance. Or, try to reduce the regulated substance to below the threshold quantity.
For more information:
Aboveground Storage Tanks (AST) Registration
Answer the questions below to determine if this permit is relevant to your operation:
Questions:
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Does your facility maintain aggregate aboveground petroleum storage capacities of less than 1,320 gallons of petroleum?
If yes, the winery is regulated under the Aboveground Petroleum Storage Tank Act (APSA) and you should contact your local CUPA. An APSA inventory will be required as part of the Hazardous Materials Business Plan submittal.
For more information:
Underground Storage Tanks (UST) Registration
Answer the questions below to determine if this permit is relevant to your operation:
Questions:
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Does your facility maintain UST for activities other than sanitary waste?
If yes, the UST should be registered with the State Water Resources Control Board and/or the appropriate CUPA agency.
Hazardous Waste Generator
Answer the questions below to determine if this permit is relevant to your operation:
See small quantity generator (SQG) section. The local CUPA agency enforces the regulations associated with hazardous waste. This includes permits, inspections, and issuing violations.
Background Information:
Regulation in Practice – What it Means for You:
The storage, use and/or generation of a hazardous material require permits. These permits include, but are not limited to, the following:
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Conditionally Exempt Small Quantity Generators (CESQG)
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Pressure Vessels permits to operate
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Restricted Materials Permits / Pesticide Use Registrations
Moreover, the proper disposal of hazardous waste is important for legal, health and safety, and environmental protection reasons. Businesses are required to obtain an EPA Identification number, and typically pay a small fee to cover costs for their waste disposal. Many companies specialize in the collection and disposal of hazardous waste. Wineries and vineyards that generate used oil may also dispose of it in public used oil collection tanks. For businesses to be in compliance and avoid liability exposure, it is important that they understand the regulatory issues affecting hazardous materials.
Hazardous Materials Monitoring and Reporting:
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All regulated businesses and local governments are required to submit their regulatory reports electronically either to their local regulatory agency or with the California Environmental Reporting System known as CERS. The Unified Program Regulator Directory is maintained by the California Environmental Reporting System (CERS) where you will be able to find contact information for your local CUPA representatives.
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Unified Program information required to be submitted and reported electronically to CERS includes, but is not limited to, facility data regarding hazardous material regulatory activities (such as, hazardous materials business plans, site maps, and chemical inventories), underground and aboveground storage tanks, hazardous waste generation, and inspection, compliance and enforcement actions. View additional information regarding CERS electronic reporting requirements.
Visit the Winery Resources page for additional resources on Federal, State and local hazardous materials handling information.