HomeMy WebLinkAboutMINUTES - 09191989 - 1.41 1-141 Yy;
To: BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon, Contra
Director of Community Development
DATE: September 6 , 1989 County
nty
SUBJECT: Shell Oil Company Hazardous waste Incinerator
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
1. Accept report from the Community Development Department on
Shell Oil Company' s request for a license to operate a
hazardous waste incinerator and their compliance with CEQA
requirements. .
2. Direct the Community Development Department to review and
submit comments to the State Department of Health services
on their decisions concerning the need for, or scope of, an
environmental impact report for the Shell oil Company
hazardous waste facility permit.
3 . Direct the Community Development Department to keep the
Board informed about the State Department of Health
Service' s actions pursuant to the California Environmental
Quality Act for the Shell oil Company permit.
FINANCIAL IMPACT:
None.
REASONS FOR RECOMMENDATIONS/BACKGROUND:
On August 8, 1989, the Board requested a report from the Commu-
nity Development Department Director on Shell' s request for a
license to operate a hazardous waste incinerator and their
compliance with CEQA requirements. Shell oil Company has four
incinerator units at their Martinez manufacturing complex, which
have been in operation since 1969. The RM-17 incinerator is
located within the City of Martinez; the three other incinera-
tors, which are referred to as "CO boilers, " are located within
the unincorporated area. The Environmental:;,:-Pro-tection. Agency
(EPA) granted Interim Status to the facility in April of 1981.
CONTINUED ON ATTACHMENT: X YES SIGNATU ,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ION OF B A MMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED
OTHER
VOTE OF SUPERVISORS
HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED
SEP 19 1989
Orig. Dept. Community Devel. - -
PHIL BATCHELOR. CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY DEPUTY
2.
Interim Status allows facilities in existence before November 19,
1980, to continue operation until a final RCRA permit is approved
or denied. Congress has required that EPA issue or deny final
permits for all Interim status incinerators by no later than
November 8, 1989. The EPA is proposing to approve a final
operating permit for the Shell oil hazardous waste treatment and
storage facilities under the Resource Conservation and Recovery
Act (RCRA) .
Regulatory Authority/CEQA Compliance:
The decisions of the EPA,' because it is a federal agency, are not
subject to the California Environmental Quality Act (CEQA) . How-
ever, the EPA must comply with the National Environmental Policy
Act (NEPA) . NEPA, which applies to the discretionary approval by
federal agencies, is very similar to CEQA. However, the EPA
reports that federal regulations ( 40 CFR Part 124. 9(b) ( 6) ) exempt
discretionary decisions made pursuant to RCRA from complying with
the NEPA' s requirement to prepare an environmental impact
statement.
In addition to obtaining a permit from the EPA, Shell Oil Company
must also obtain a permit from the State Department of Health
Services (DHS) . Since DHS is a State agency, DHS must comply
with the provisions of CEQA. The agency expects to have a
completed application within 30 days, and to make a determination
of whether an environmental impact report will be prepared within
approximately 60 days.
Contra Costa County does not have land use authority for this
project. County ordinance 86-100 requires that land use permits
be obtained for projects within industrial areas that meet the
thresholds of the ordinance. Section 84-63 . 416 requires the
project to include a physical modification and an increase in
hazardous waste/materials managed. Shell' s action to continue to
operate their hazardous waste incinerators does not include
a physical modification (other than a replacement tank) , and does
not include an increase in hazardous waste/materials managed.
Since the State Health Department' s discretionary approval for
Shell Oil Company to continue operating its incinerators must
comply with CEQA, our recommendations focus on monitoring the
State' s process to ensure that they comply with the provisions of
this law.
CK/jn
j128:shell.brd