HomeMy WebLinkAboutMINUTES - 08061996 - C94 C.90, C.91, C.92, C.93 & C.94
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 6, 1996, by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson and Smith
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Correspondence
C.90 LETTER dated July 22, 1994, from Gwen Regalia, Mayor, City of Walnut Creek, 1666 North
Main Street, Walnut Creek, CA 94596, proposing the establishment of a staff technical
committee comprised of representation from the Contra Costa Community Development
Department and Public Works Department, and the City of Walnut Creek to enhance
cooperation for creek restoration and creation of the creek trails.
****REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR AND PUBLIC WORKS
DIRECTOR
C.91 LETTER dated July 10, 1996, from Brenda Duenas, Secretary, Bay Point Municipal Advisory
Council, 3105 Willow Pass Road, Bay Point, CA 94565, proposing a feasibility study on
enactment of an ordinance that would impose a curfew on the youth population.
****REFERRED TO SHERIFF-CORONER FOR RECOMMENDATION
C.92 LETTER dated July 23, 1996, from Cate Burkhart, Facilities Specialist, West Contra Costa
Unified School District, 1 108 Bissell Avenue, Richmond, CA 94802, advising that the Board
of Education will hold a public hearing on August 7, 1996, to consider the approval of the
School Facilities Developer Fees which if approved will be effective August 8, 1996.
****REFERRED TO BUILDING INSPECTOR AND COMMUNITY DEVELOPMENT
DIRECTOR
C.93 LETTER dated July 19, 1996, from W. John Schmidt, Executive Director, Wildlife
Conservation Board, 801 K Street, Ste 806, Sacramento, CA 95814, advising that the
Wildlife Conservation Board (WCB) proposes to consider funding a fishing pier in the
Carquinez Strait in Contra Costa County at its meeting on August 13, 1996, at 10 A.M.,
State Capitol, Room 113, Sacramento.
****REFERRED TO FISH AND WILDLIFE COMMITTEE
C.94 LETTER dated July 11, 1996, from Linda Best, President, Contra Costa Council, 2694
Bishop Drive, Ste 121, San Ramon, CA 94583, and the Industrial Association, Council of
Industries, and the Western States Petroleum Association, responding to the issues raised
during the adoption of the hazardous materials land use ordinance.
****REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR AND HEALTH
SERVICES DIRECTOR
IT IS BY THE BOARD ORDERED that the recommendations as noted (****) are
approved.
c.c. Correspondents Thereby ceRtytln M%Isafrueand correct copy of
Community Development an action faker and entero on the minutes of the
Public Works Director Board of eu rlsors on the date shcym
1 to
Sheriff-Coroner ATTESTED: 4
Pp CATCH LOR Clerk f the Board
Building Inspection of i:upervisors and ' unty Administrator
Fish & Wildlife Committee
Health Services Director By Deputy
rrop CONTRA COSTA
C O U N C I L
2694 Bishop Drive, Suite 121
San Ramon, CA 94583 RECEi v L
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Phone: (510) 866-6666
Fax: (510)866-8647
Pr"Werd July 11, 1996
unds
Harftesee
l, n CUERKCpNT D ST
OF S'CO IS4RS
Supervisor Jeff Smith, Chair
k^^»cuw Pae Predd«a Supervisor Mark DeSaulnier
Peri.J.need
Contra Costa County
Vim Pr.ddent 651 Pine Street,Room 106
Teak Forces Martinez, CA 94553-1293
tl URwn R Cray
Prow"
mann R Gn<yand cdnrvar y
TWr Forces Dear Supervisors Smith&DeSaulder.
Tom!Van de Brooke
manager commun4y ne@6ons
SW"`dmz ReftV co"'p ny A number of issues were raised relaxing to industrial safety and possible new regulations
Vice Pf*$WGM
,,,WWm during public hearings on the revised hazardous materials ordinances. The board order
t! f„PMSW" dated June 25 effectively enumerates the issues raised. Industry in Contra Costa County
°uffetRunWa has carne together to provide answers to the questions posed during the adoption of the
coutnXISM c«Wny hazardous materials land use ordinance.
Vim President
MernbersMp
Cr CWonu�dGnp�v 1. To what degree have accidents been related to identified maintenance needs
Vice President and projects which were deferred to long?
'er
m McCracken As an industry we have attempted to survey all accidents at local refineries
Gen.raIManage. receiving public attention since 1989. We have not identified any incidents
corker that were caused by maintenance needs or by the deferral of maintenance.
Vice President
CorrMrxn icadona
L.*Ykm
MvJor GAts O!t-idsr 2. Should the point count matrix be adjusted to address a wider range of
A(n
SekwMmysCa" circumstances and possible projects?
Ar niakel Director No. The point count matrix,deliberated at dozens of public meetings and
exhaustively reviewed by the staloeholders involved,deals specifically with
risk to the community. Such risk is comprehensively addressed by-the
parameters of proximity,transportation methods,storage volumes and the
hazard properties of the materials involved
The point count matrix was evaluated by reviewing dozens of real and
potential projects,including all the Reformulated Gasoline projects. The
Hazardous Materials Commission derived the point count matrix by
considering both quantitative and qualitative issues.Through their analysis,
the issues of community risk were addressed by setting the benchmark figure
to capture all projects of higher risks.
The ordinance works to specifically lower risk by encouraging proponents
of a project to lower the point count. Moreover,these projects are to be sited in
heavy industrial zones,areas already identified by the county as appropriate and
desired for the location of enterprises associated with hazardous materials.
(�)
This lettedwao printed on recycled paper .
The Contra Costa Building Trades are eager to see the point score threshold reduced to
increase the number of projects in the discretionary permitting process. This serves their
strategy of opposing industrial projects in the CEQA process until they can pressure such
facilities into using only building trades labor(reference, video"Blue Print for the Future",
Northern CA/Northern Nevada Pipe Trades,District 51)
If the concern is risk,the existing point score is appropriate. If the concern is jobs for
building trades workers over and above jobs for other represented and unrepresented
workers,then the point score is irrelevant.
3. To what degree have accidents been related to improperly done welds?
During our survey of incidents we identified only one incident related to a weld failure. It
was the failure of a construction weld that was done by a Building Trades represented
employee at a local chemical facility.
4. Should replacing a burned or destroyed facility be based upon an evaluation of
whether it is a proper place for such a hazardous gubstance facility?
County(and city)general plans designate areas which are zoned for industrial uses. To
change a land use designation, the city./county must follow their general plan amendment
process, including public hearings on the proposed changes. Denying property owners
the right to use their property for a previously permitted use would result in a denial of
due process and would constitute as unlawful taking of private property unless the
property owner is justly compensated for the loss.
5. Are the risks in transportation of hazardous materials by trucks and rad that
warrant new county regulations or greater county,state and federal agency
enforcement?
Transportation of materials, whether hazardous or non-hazardous, is covered by U.S.
Department of Transportation regulations. In California, the California Public Utilities
Commission also has authority and exercises this authority through inspections of
equipment, training programs, etc.
The equipment used to transport materials is specified by D.O.T. regulations,to the extent
that each material transported can only be transported in a qualifying piece of
equipment.
If there is any opportunity for additional.oversight, whether federal, state or local, it
would be during actual transportation and in the off-site storage of materials. Also,
preparedness of emergency responders for off-site transportation related incidents may
warrant emphasis. In addition, the county should review its own internal policies and
procedures for providing emergency response for the existing transit of petrochemical
products by truck and rail within the county. More oversight by the appropriate
regulatory agencies may be warranted.
6. Should permits be required for projects at facilities that handle hazardous wastes,
extremely hazardous wastes, hazardous materials and acutely hazardous materials
above certain thresholds?
Yes. We now have those thresholds in the new, revised ordinance and they are defined in
terms of risk to the community under the point score. It takes into account the quantity
of hazardous material that will be in a new project. However, it also includes a number of
other risk factors that were deemed to be very important, i.e., distance to community,type
of community, hazard of material and transportation risk.
In addition, the above hazardous materials are currently permitted and regulated by the
following regulatory agencies:
* Department of Toxic Substances(DTSC)
* Bay Area Air Quality Management District(BAAQMD)
* Regional Water Quality Control Board-NPDES Permitting
* Cal-OSHA-Process Safety Management(PSM)
* CCCHSD -Risk Management Prevention Program(RMPP)
Additional permitting requirements are redundant and are not appropriate.
7. What further county review or permit process should be developed for facilities that
handle piped petro-chemical products or wastes under high pressure and
temperature in the context of new facilities, expansion of capacity of existing
facilities, modernizations with no capacity expansions,scheduled turnaround
maintenance or major repairs,and emergency repair projects?
1. The new Land Use Ordinance requires permits for construction, expansion, and
modernization of facilities with a hazard score above 79.
2. On a daily basis, a petrochemical facility performs inspection, maintenance and
repair duties in the operating units. This work is unencumbered and provides
immediate response to routine and critical operating needs. The flexibility of the
plant to perform necessary operations is key to managing risks and preventing
incidents. Extensive permit requirements will encumber the process and will delay
both immediate and long term projects of all type.
3. There are numerous agencies that provide review and inspect industrial facilities
including the following:
Bay Area Air Quality Management District
Contra Costa County Health Services Dept.
Dept. of Toxic Substance Control
Regional Water Quality Control Board22
California Occupational Health& Safety Administration
When combined, the new county land use ordinance, the new EPA Risk Management Plan
(RMP), and existing regulations will provide very stringent safety requirements on
industry and additional county regulations will not be warranted.
8. Should special safety measures and inspections for high pressure, high temperature
pipe welds be required- including worker certification, higher level of x-ray
inspection of certain welds, and welds inspected by independent certified
inspectors- be implemented?
Welding receives more oversight than almost any other type of work in a refinery. The
current legal requirement in California for welder certification is ASME Code 9. This
certification process requires that a welder be tested and certified for specific metals, using
specific welding methods, in one or more of six positions. 'there is a higher level of x-ray
inspection of certain welds required by legal codes. The percentage of welds that must be .
x-rayed is based on the metallurgy and code for the particular piece of equipment. This
per percentage can be from 5%to 100%of welds. The inspection of welds is best done
by those who have the most at stake-the owners of the facilities.
Listed below are the applicable qualifications and inspections performed by existing
petrochemical personnel:
American Society of Non Destructive Testing(ASNT)Levels I, II&III
Visual,Penetrant,Dry&Wet Magnetic Particles,Radiography,Ultrasonics,Infra-Red
Acoustic Emissions Testing, Magnetic Flux, Shear-Wave, Automated Ultrasonic
Testing Femography.
American Petroleum Institute
Tank Inspector-API 653 Certified
Pressure Vessel Inspector-API Certified
Piping Inspector-API- 570&ASNT-TC-lA Applicable Standards
Nation Board Inspection Code(NBIC)
Pressure Vessel Inspector-Licensed
Boiler Inspector-Licensed
American Welding Society
Weld Procedure Qualification
Welder Qualification
Certified Inspectors-Licensed
American Society of Mechanical Engineers
Weld Procedure Qualification
Welder Qualification
Nondestructive inspection Criteria
Considering that few accidents result from improperly done welds and that there are
significant requirements in place, no new measures are needed_
One provision of the ordinance recently proposed by the Building Trades required the
use of P.I.P.E. certified workers claiming that this certification is needed for safety
reasons. Actually, existing certifications are more stringent than those proposed by the
Building Trades but their certification benefits their workers over other represented and
unrepresented workers.
9. What role should the county have, if any, in determining facility compliance with
Process Safety Management Standards and Hazard and Operability Studies and
should this compliance be required by ordinance?
A recently passed new regulation, the Federal EPA Risk Management Program(RMP)
is slated to be administered by the County. This program includes all the requirements
of Process Safety Management and even more. One of the elements in the program is
Hazard and Operability studies(Hazops). We urge the Board of Supervisors to wait until
they fully understand this new and extensive regulation prior to taking any other action.
10. What additional reporting provisions may be needed to improve accident
prevention?
Currently, the review of an accident is handled at several levels both internally and
externally to a facility. internally, a company is required to meet the provisibns of the
Process Safety Management standards. These standards require: 1.) Identifying the
underlying root cause of an accident, 2.) Documenting these findings, 3.) Using these
findings to mitigate future occurrences, and 4). Using knowledgeable union
representatives, other skilled people, and investigative processes in conducting an
investigation. These investigations are extensive and routinely exceed the base standards
as required by PSM.
Externally,incident investigations are either performed or monitored by various outside
agencies including the CCCHSD,BAAQMD, CAIrOSHA, County Health Services
Dept., and other affected agencies. Their charter has recently been increased to emphasize
process safety incidents.
It is important that we share the results of accident investigations so we all learn to
prevent incidents together. This is done through the Bay Area Safety Information Sharing
Forum which is comprised of local facility managers who come together to review
accidents and discuss preventive measures to minimize the possibility reoccurrence.
11. Is the current accident review team process adequate?
Yes. See Answer#10.
12. . What further steps would enhance facility cpanag�er accident reporting including C L/
county procedures and changes in State law?
Comprehensive federal, state and local laws and regulations now require the reporting of
hazardous materials releases. Existing requirements are being enhanced through
development and upcoming implementation of a release reporting and a system response
• actions matrix for the Contra Costa County Community Warning System.
State law, and county ordinance, require facilities to immediately report hazardous
material releases or threatened releases that pose a present or potential threat to human
health and safety, property or the environment. County ordinance also requires a
hazardous material spill or release which is reported to any federal, state or local
regulatory agency to also be reported to the County Health Services Department.
Many refinery and chemical plant facilities make voluntary, courtesy notifications to the
County Health Services Department in the event of unusual activities or changes in
operations which may be noticed by the public, e.g., unusual flaring activity The draft
Community Warning System reporting matrix requires a report in the County Health
Services Department anytime a facility's emergency response is put on alert. After a major
accident which has off-site impact, such as a major fire or chemical release, it is common
practice for the facility management tb make a report at a County Board of Supervisors or
City Council meeting.
In view of existing and proposed comprehensive reporting practices and requirements, no
further reporting requirements are needed.
The above information should provide the answers to the questions raised in the board order. The
industrial community is willing to work with you and the other county supervisors to address
safety related issues. We endorse the process being pursued by the Hazardous Materials
Commission to comprehensively look at the root causes of industrial accidents and determine if
their are any gaps in oversight that need to be filled at the county level. We will however,
vigorously oppose any effort that serves the strategy of the Contra Costa Building Trades of
opposing industrial projects on safety and environmental grounds only to support the project after
they have pressured such facilities into using only building trades labor.
Sincerely,
�4 dZI'r-II
Linda Best . Kathy Adams
President Executive Director
Contra Caste Council Industrial Association
James J.Bates Scott Folwarkow
President Bay Area Coordinator
Council of Industries Western States Petroleum Assn-
CC:
ssnCC Supervisor Tom Torlakson
Supervisor-Gayle Bishop
Supervisor Jim Rogers
Clerk of the Board