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Home My WebLink AboutMINUTES - 09262000 - D5 D.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 26, 2000,by the following vote: AYES: Supervisors Gioia,Uilkema,DeSaulnier, Canciamilla and Gerber NOES: None ABSENT: None ABSTAIN: None Re: Presentation by Ultramar Diamond Shamrock Corporation On this date, the Board of Supervisors considered the presentation by Ultramar Diamond Shamrock Corporation(UDS) on their corporate culture, safety record and transition plans and policies as they relate to plant operations at Ultramar,Inc.'s Avon refinery. Jean Gaulin, Chairman of UDS Corporation introduced various members of the Corporation and narrated the Power Point presentation. (See the attached copy). Mr. Gaulin stated that the Canadian company acquired the refinery to be able to compete in this market. He further noted that A.D. Little had given the refinery(before the UDS purchase)24 ongoing tasks to increase the refinery's safety record and UDS would continue the work on those tasks. Joel Ellmore, the Maintenance Director at UDS commented on plant operations. The Board discussed the matter, and called for public comment. The following people appeared to speak: Greg Feere, Contra Costa Building Trades Council, 935 Alhambra Avenue, Martinez; Denny Larson, Communities for a Better Environment, 1611 Telegraph Ave., #450, Oakland. No one desiring to speak, the Board continued their discussion. Following that dialogue, Supervisor DeSaulnier made the following motion to: 1. Thank UDS executives for coming; 2. Accept their presentation; 3. Request that UDS work with the County Administrator's office,particularly Dr. Walker of the Health Services Department, the Hazardous Materials Division; 4. Request the Health Services Department and the County Administrator to come back to the Board in 90 days to respond to questions posed today from the Board and the public for further development of this process. Supervisor Uilkema seconded the motion. The Board voted unanimously to accept the motion and took the following action: IT IS BY THE BOARD ORDERED that the presentation by Jean Gaulin, Chairman, Ultramar Diamond Shamrock Corporation, on their corporate culture, safety record and transition plans and policies in terms of plant operations at the Avon refinery; and DIRECTED the County Administrator, Health Services Director, and Hazardous Materials Division of the Health Services Department to work with Ultramar Shamrock Corporation, to address the concerns raised by Board members and the public on this date and to report to the Board of Supervisors in 90 days on the development of that process. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested: Saj=ber 26.2000 Phil Batchelor,Clerk of the Board of pervisors and C , 4Adrninistrator By: Deprk CCE Communi OS for a Better Environment September 26, 2000 RECEIVED Board of Supervisors SEP 2 6 2000 Contra Costa County Martinez, CA 94553 cpNr�n tis c Dear Supervisors: On behalf of our 3,000 members in this county, CBE would like to express our concerns regarding ensuring improved health and safety measures at the former Tosca refinery in Avon, now operated by Ultramar: 1. It is critically important that the open and transparent process developed with A.D. Little and all the stakeholders groups continue to ensure improvements that the public can verify. 2. Ultramar must work with all the stakeholders to fund and carry out the development and use of "Work Environment Indicators" to measure the changes in the safety culture at Avon. 3. Ultramar must work with all the stakeholders to fund and carry out the development of a Mechanical Integrity Analysis in the same manner that the Safety Culture Analysis was done. 4. Ultramar must re-submit a revised Safety Flan under the County's ISO ordinance and agree to be accountable for it. 5. The Board should schedule hearings to consider amendments to the ISO to clarify the sale of facilities which occur during the development of ISO safety plans. CBE . 16,11, TaIto__r_a_ab . # 450 Oakland . c 94612 510-802-0480 • fax 510-502-0437 - emall: cbebucket@lgc.org 2425 Bisso Lane, Suite 110 :, = r Contra Costa County Concord,California 94520-4817 Board of Supervisors (925)646-5763 (925)646-5767(FAX) dist4@bos.co.contm-costa.ca.us Mark DeSaulnier Supervisor, District IV Clayton,Clyde,Concord,Pacheco,Pleasant Hill TO: Supervisor Donna Gerber, Chair Supervisor John Gioia Supervisor Gayle B. Uilkema Supervisor Joe Canciamilla FROM: Supervisor Mark DeSaulnier DATE: September 14, 2000 RE: Review of Ultramar Diamond Shamrock's Safety and Environmental Record Attached is an independent staff review of Ultramar Diamond Shamrock's recent safety and environmental history, requested in anticipation of our meeting with UDS Chairman Jean Gaulin on September 26. The review examined not only the facts of available records, but also the perspective of state and federal officials on the degree of Ultramar Diamond Shamrock's responsiveness to problems and issues within their operations nationwide. 2425 Bisso Lane, Suite 110 .` i,+. Contra Costa County Concord,California 94520-4817 Board of Supervisors (925)646-5763 (925)646-5767(FAX) dist4@bos.co.contra-costa.ca.us Mark DeSaulnier Supervisor, District IV Clayton,Clyde,Concord,Pacheco,Pleasant Hill TO: Supervisor Mark DeSaulnier FROM: Cyndi Simpson Assistant DATE: September 14, 2000 RE: Ultramar Diamond Shamrock—Safety and Environmental Record At your request, I have investigated Ultramar Diamond Shamrock's (UDS)recent safety and environmental record through examining materials and talking to staff members of the agencies below: • US Occupational Health and Safety Administration(Region IX) • US Environmental Protection Agency (Regions VI and VIII) • US Chemical Safety and Hazard Investigation Board • California Environmental Protection Agency(Cal/EPA) • California Occupational Safety and Health Administration(Cal/OSHA) • California State Lands Commission Safe The US and California Occupational Safety& Health Administrations show seven inspections at Ultramar Diamond Shamrock facilities nationwide since 1998,two of which have not been completed. Five inspections were generated by complaints,two by accidents. Four violations have been issued in connection with these inspections, with one violation levied as part of an inspection that is not yet closed. The penalty total of the violations is $960.00; three of the violations were designated"serious"and one "other than serious". (The designations of violations by OSHA are, in order of least to most severe, "other than serious", "serious", "willful"and "repeat".) Staff at one of the USOSHA offices responsible for the inspections characterized the violations as"important to correct, but not huge problems"and said that UDS had been"very responsible in following up with corrective action". The Regional Safety Engineer for USOSHA- Region IX states that seven is a"small number of inspections"over a two-to-three year period for a corporation of Ultramar Diamond Shamrock's size. Attached are the detail reports for these seven inspections. These include inspections done by Cal/OSHA at California facilities. The US Chemical Safety and Hazard Investigation Board(CSHIB)has only one report on UDS—a fire at a refinery in Ardmore, OIC in July 1998. The Board did no investigation, as it was not considered severe enough. It also appears that neither the USEPA nor USOSHA investigated this incident. The CSHIB is neither an enforcement nor a monitoring agency, but an independent investigator of chemical incidents that involve serious injuries, deaths, severe property damage, evacuation of residents or great potential for any of these. Attached is the one-page summary of the CSHIB's report on the incident. Environmental In 1999,the US Environmental Protection Agency(Region VIII, Denver)required UDS to make major environmental improvements and pay a$1.1 million penalty on operations at a UDS refinery in Colorado. For at least nine years prior to 1997,the refinery operated many tanks and loading docks with a vapor recovery system that was inadequate to block the release of volatile organic compounds. However, UDS did not acquire the refinery until 1997,therefore the existing problems were allowed to develop and continue under the previous owner. A USEPA attorney who worked on reaching the final settlement with UDS said that UDS "had been extremely cooperative", made verbal commitments to do what was right and"followed those up with significant changes". In 1999, UDS agreed to pay $375,866 in settlement of a penalty order for violation of underground storage tank regulations. As with the penalty above, the violations occurred under the previous owner. According to an environmental engineer with the USEPA's Region VI office, UDS was "very responsive and cooperative" in moving to correct the problems. The California State Lands Commission, which has jurisdiction over marine oil terminals and pipelines in the State, reports no problems or inspections with the UDS facility in Wilmington, CA. The California Environmental Protection Agency also reports no problems with UDS in California. Establishment Search Inspection Detail--OSHA View http://www.osha.gov/cgi-bin/est/estlxp?i=125673764 Establishment Search Inspection Detail -- OSHA View Definitions Inspection: 125673764 -Altra Mar Diamond Shamrock Inspection Information -Office: Ca Redding Nr: 125673764 Report ID: 0950623 Open: 05/07/1998 Altra Mar Diamond Shamrock 2071 North Street Anderson, CA 96007 Union Status: NonUnion SIC: 5999/Misc. Retail Stores,Nec Inspection Type: Complaint Scope: Partial Advance Notice: N Ownership: Private Safety/Health: Safety Close Conference: 05/07/1998 Planning Guide: Safety-Manufacturing Close Case: 05/08/1998 Related Activity: Type ID Date Safety .Health Complaint 078154747 05/04/1998 Yes [Comments&InfoI QSIIA Horne Page 10$_1 A-QCIS I US 01,W§b SiteDisylgime ] I of l 09/11/2000 2.02 I'M Establishment Search Inspection Detail--OSHA View http://www.osha.gov/cgi-bin/est/estlxp?i=342068374 Establishment Search Inspection Detail -- OSHA View Definitions Warning: The following inspection has not been indicated as closed. Please be aware that the information shown may change, e.g. violations may be added or deleted. Inspection: 302068374 -Ultramar Diamond Shamrock Inspection Information - Office: Denver Nr: 302068374 Report ID: 0830500 Open: 06/08/1998 Ultramar Diamond Shamrock 1501 West Elizabeth Fort Collins , CO 80521 Union Status: NonUnion SIC: 5541/Gasoline Service Stations Mailing: 1501 West Elizabeth, Fort Collins , CO 80521 Inspection Type: Complaint Scope: Partial Advance Notice: N Ownership: Private Safety/Health: Health Close Conference: 06/12/1998 Close Case: Related Activity: Type ID Date Safety Health Complaint 202374328 05/19/1998 Yes j Comments&Info J OSHA Home Page I OSHA-QCIS I V5 DOL Web Site I Disclaimer] I of 1 08/16/2000 2:56 PM Establishment Search Inspection Detail--OSHA View http://www.osha.gov/cgi-bin/est/estlxp?i®300756392 Establishment Search Inspection Detail -- OSHA. View Definitions Inspection: 300756392 -Ultramar Diamond Shamrock Inspection Information- Office: Ca Long Beach Nr: 300756392 Report ID: 0950635 Open: 07/09/1998 Ultramar Diamond Shamrock 2402 E Anaheim Blvd Wilmington, CA 90744 Union Status: NonUnion SIC: 2911/Petroleum Refining Inspection Type: Accident Scope: Partial Advance Notice: N Ownership: Private Safety/Health: Safety Close Conference: 11/30/1998 Close Case: 12/01/1998 Related Activity: Type ID Date Safety Health Accident 362030744 07/04/1998 I 2?m tz 8 lnfa I OSHA Home Page I C)SHA-OC1S j.Q LQL Web Site I Di r] 08/16/2000 2:55 PM Establishment Search Inspection Detail--OSHA View http://www.osho.gov/cgi-bin/est/estlxp?i=127116473 Establishment Search Inspection Detail -- OSHA View Definitions Inspection: 127116473 -Ultramar Diamond Shamrock Total Pipeline Inspection Information - Office: Michigan Safety Gen Nr: 127116473 Report ID: 0552652 Open: 12/04/1998 Ultramar Diamond Shamrock Total Pipeline 2499 Crimes Rd Stockbridge , MI 49285 Union Status: Union SIC: 4612/Crude Petroleum Pipelines Mailing: Po Box 348 , Mt Pleasant,MI 48804 Inspection Type: Complaint Scope: Partial Advance Notice: N Ownership: Private Safety/Health: Safety Close Conference: 12/18/1998 Planning Guide: Safety-Manufacturing Close Case: 02/23/1999 Related Activity: Type ID Date Safety Health Complaint 202662904 11/24/1998 Yes Violation Summa Serious Willful Repeat Other Unclass Total Nr Violations 2 1 3 Penalty Amount 400.00 400.00 FTA Amount Violation Items ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest L,astEvent 10 100 1 Serious 19100303 BO 102/02/1999 02/02/1999 200.00 200.00 0.00 I-Informal Settlement 2 01002 Serious 4081400202 02/02/1999 02/02/1999 200.00 400.00 0.00 I-Informal Settlement 3 02001 Other 4081022701 02/02/1999 02/02/1999 0.00 0.00 0.00 [Comments InfoI OSHA Home Page I OSHA-DCIS I US DOL Web Site I DiScIgil 1 of 1 08/16/2000 2:55 PM Establishment Search Inspection Detail--OSHA View http://www.osha.gov/cgi-bin/est/estlxp?i=120301700 Establishment Search Inspection Detail -- OSHA View Definitions Inspection: 120301700-Ultramar Diamond Shamrock Inspection Information -Office: Ca Long Beach Nr: 120301700 Report ID: 0950635 Open: 04/08/1999 Ultramar Diamond Shamrock 2402 E Anaheim Street Wilmington, CA 90744 Union Status: NonUnion SIC: 1311/Crude Petroleum and Natural Gas Inspection Type: Complaint Scope: Partial Advance Notice: N Ownership: Private Safety/Health: Safety Close Conference: 05/07/1999 Close Case: 05/17/1999 Related Activity: Type ID Date Safety Health Complaint 078506441 03/08/1999 Yes [ .5m.ents&,.Info I QSHA Horne Page I OSHA-OCIS I I1S_17QL Weh bite flisclaimar I of 1 08/16/2000 2:54 PM -E�ablishinent Search Inspection Detail--OSHA View http://www.osha.gov/cgi-bin/est/estlxp?i-300758166 Establishment Search Inspection Detail -- OSHA View Definitions Warning: The following inspection has not been indicated as closed Please be aware that the information shown may change, e.g. violations may be added or deleted. Inspection: 300755166 -Ultramar Diamond Shamrock Inspection Information - Office: Ca Dong Beach Nr: 300758166 Report ID: 0950635 Open: 01/19/2000 Ultramar Diamond Shamrock 2402 E Anaheim Street Wilmington , CA 90744 Union Status: NonUnion SIC: 2911/Petroleum Refining Mailing: P 0 Box 93102 , Long Beach, CA 90809 Inspection Type: Accident Scope: Partial Advance Notice: N Ownership: Private Safety/Health: Safety Close Conference: 03/03/2000 Close Case: Optional Information: Type ID Value N 06 PSMP Related Activity: Type ID Date Safety Health Accident 362402372 10/04/1999 Violation Summary Serious Willful Repeat Other Unclass Total Nr Violations 1 1 Penalty Amount 560.00 560.00 FTA Amount I oft 08/16/2000 2:54 PM `E. Ablishinent search Inspection Detail--OSHA View http://www.osha.gov/cgi-bin/est/estlxp?i--300758166 Violation Items ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent 101001 Other 5189 F04 03/09/2000 04/06/2000 560.00 560.00 0.00 05/05/2000 - [Comments&Info I OSHA Home Page I OSHA-OCIS I US DOL Web Site I Disclahne 1 2 of 2 08/16/2000 2:54 PM Establishment Search Inspection Detail--OSHA View http://www.osha.gov/cgi-bin/est/estlxp?i=300580370 Establishment Search Inspection Detail -- OSHA View Definitions Inspection: 300580370 -Ultramar Diamond Shamrock Dba Diamond Phillips Inspection Information- Office: Lubbock Nr: 300580370 Report ID: 0627400 Open: 06/13/2000 Ultramar Diamond Shamrock Dba Diamond Phillips Off Fm 119,N.E. of Dumas, Tx Sunray, TX 79086 Union Status: Union SIC: 2911/Petroleum Refining Mailing: Hcr 1, Box 36 , Sunray , TX 79086 Inspection Type: Complaint Scope: Partial Advance Notice: N Ownership: Private Safety/Health: Safety Close Conference: 06/13/2000 Close Case: 06/15/2000 Related Activity: Type ID Date Safety Health Complaint 200802114 06/07/2000 Yes [Comments&Info I OSHA Home Page I OSIiA-O IIS I US ISL Web Site I Disclaimer I of 1 08/16/2000 2:53 PM CSB.CIRC http://www.chemsafety.gov/circ/post.cfm...and%20Shemrock&rf=full&incident_id=1249 tte ate y i t904 Click on envelope to EMAIL the record I Click on printer for a PRINTER FRIENDLY BETA,TEST USER COMMENT FORM version �a .R `� 9 a�, p ..+�A ego- z` �a 3 ¢ � a�� 5 'k g �� ¢ Rmmo�lAigig Now i n drt y u down Leads to Fire In`100hoffia' 4 t 3 s ht 5 ¢ `1. i ��. ;. � e�Erl r¢i�� I of ,,,akg @,,. �a^ �' �ti. .l� lm. .,d. :,+M1J+ a T.,, T Ardmore,Com', ttl�#ed$tater 71131108-9t 18 Affil �y30", ,mays .. i.>. d. X, ..b.. T..1. l.+ j. Ot 1998-1249 "Sno None Reported {3 A¢ ,3r a., swig s� ¢ep,t?sAR'E 3 {¢ A �*r:, >n , .. ¢..x, ,.1 ... .a, a,i ..3.,....N .h 9.<. , No CSB Action 7128/1999-1:12 PM 2 a >w �°cam% ¢ E ,4.;= G #,.tts�. n,if.. `�; f�vg,nl;ka ,.. a ., Fire Fixed Facility � ' Sr77 ,qpm d '� a3¢a.v,� ii t : s 3°J¢ ¢ Y' ro '� ¢ 'ti - ?v ma, 30 None Reported None Reported x� yy p $ o "� S� "° ..'�. ,� 33t, Not specified a..�iM v. Information Added:Wednesday, July 28, 1999-6:57 AM An emergency shutdown in response to a power line failure reportedly caused a fire in a tower at a refinery in Ardmore, OK. Thirty people were evacuated in reponse to the fire. Suspected responsible party: ULTRAMAR DIAMOND SHAMROCK i- mw National National Response Center Reported 7113/96 Disclaimer: The Chemical Incident Reports Center(CIRC)is an information service provided by the U.S. Chemical Safety and Hazard Investigation Board (CSB). Users of this service should note that the contents of the CIRC are not Intended to be a comprehensive listing of all incidents that have occurred; many incidents go unreported or are not entered into the database. Therefore, It Is not appropriate to use the CIRC database to perform statistical analysis that extends conclusions beyond the content of the CIRC.Also,although the CSB never knowingly posts inaccurate Information,the CSB Is unable to independently verify all Information that It receives from Its various sources, much of which Is based on initial reports. CIRC users should also note that the CSB receives more comprehensive reports about incidents that occur in the U.S.; comparisons made between U.S. incidents and those in other nations should take this fact into consideration. Users of data from the CIRC are requested to attach this disclaimer to the data and cite hft ://www.chemsafet ov/circ as the source.We welcome your feedback about this service to circ cs •9ov or through ur beta test user comment form. 1 of 2 09/13/2000 2:48 PM