HomeMy WebLinkAboutMINUTES - 11102009 - SD.8RECOMMENDATION(S):
Accept the Industrial Safety Ordinance Annual Report submitted by Health Services
Department.
FISCAL IMPACT:
None.
BACKGROUND:
Chapter 450-8 of the County Ordinance Code known as the Industrial Safety Ordinance
Risk Management Chapter requires Health Services to submit annual reports to the Board of
Supervisors. The ordinance outlines what is to be included in this report. Attached is a copy
of this report.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/10/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Randall Sawyer,
646-2286
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: November 10, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Tasha Scott, Barbara Borbon, Randy Sawyer
SD.8
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:November 10, 2009
Contra
Costa
County
Subject:Annual Industrial Safety Ordinance Report
CLERK'S ADDENDUM
ACCEPTED the report; and REQUESTED an additional report covering the prior and
current year regarding the grants, settlements and penalty funds worked on by the
Hazardous Materials Ombudsman.
ATTACHMENTS
G:\C&G DIRECTORY\NON CONTRACTS\iso_report_2009_1103.pdf
Annual
Performance Review & Evaluation Report
November 10, 2009
industrial safety ordinance
blank page
Industrial Safety Ordinance Annual Report November 0, 2009
Table of Contents
Executive Summary ..............................................................................................................................................................................................3
Public Participation ................................................................................................................................................................................................3
Audits ............................................................................................................................................................................................................................4
Major Chemical Accidents or Releases .......................................................................................................................................................4
Conclusion ..................................................................................................................................................................................................................4
Introduction ...............................................................................................................................................................................................................5
Annual Performance Review and Evaluation Report .........................................................................................................................6
Effectiveness of Contra Costa Health Services’ Implementation of the Industrial Safety Ordinance ......................8
Effectiveness of the Procedures for Records Management .............................................................................................................9
Number and Type of Audits and Inspections Conducted ...............................................................................................................9
Number of Root Cause Analyses and/or Incident Investigations Conducted by Health Services ..........................10
Health Services’ Process for Public Participation ...............................................................................................................................10
Effectiveness of the Public Information Bank ........................................................................................................................................11
Effectiveness of the Hazardous Materials Ombudsman .................................................................................................................13
Other Required Program Elements Necessary to Implement and Manage the
Industrial Safety Ordinance ............................................................................................................................................................................13
Regulated Stationary Sources ........................................................................................................................................................................14
The Status of the Regulated Stationary Sources’ Safety Plans and Programs .................................................................14
Locations of the Regulated Stationary Sources Safety Plans ....................................................................................................14
Annual Accident History Report and Inherently Safer Systems Implemented
as Submitted by the Regulated Stationary Sources ..................................................................................................................15
Status of the Incident Investigation, including the Root Cause Analyses Conducted by the
Regulated Sources ................................................................................................................................................................................................17
Major Chemical Accidents or Releases .................................................................................................................................................17
Legal Enforcement Actions Initiated by Health Services ............................................................................................................19
Penalties Assessed as a Result of Enforcement ................................................................................................................................19
Total Fees, Service Charges, and Other Assessments Collected Specifically
for the Industrial Safety Ordinance ....................................................................................................................................................19
Total Personnel and Personnel Years Used by Health Services to Implement
the Industrial Safety Ordinance ..........................................................................................................................................................20
Comments From Interested Parties Regarding the Effectiveness of the Industrial Safety Ordinance .............20
The Impact of the Industrial Safety Ordinance on Improving Industrial Safety ...........................................................21
City of Richmond Industrial Safety Ordinance ...............................................................................................................................22
Attachment A: Hazardous Materials Ombudsman Report ........................................................................................................A-1
Attachment B: Regulated Sources Accident History & Inherent Safety Implementation .........................................B-1
blank page
Industrial Safety Ordinance Annual Report November 0, 2009
Executive Summary
The Industrial Safety Ordinance requires regulated facilities
to implement safety programs to prevent chemical accidents
from occurring that could have a detrimental impact to the
surrounding communities. The requirement of the Industrial
Safety Ordinance is one of the most stringent in the United States,
if not the world. The Industrial Safety Ordinance is also designed
to include participation from all of the stakeholders, including
industry, agencies, elected officials, and the public.
This is the first year since the Board of Supervisors passed the County’s Industrial Safety Ordinance that there has
not been a Major Chemical Accident or Release in the County. The trend since the adoption of the Industrial County
Ordinance has been fewer and fewer Major Chemical Accidents or Releases each year. This is an indication of the
success of the County’s Industrial Safety Ordinance, the regulated facilities implementation of the requirements
and the oversight from the Accidental Release Prevention Programs Engineers.
The Accidental Release Prevention Programs Engineers are continuing to develop ways to improve the overall
implementation of the Industrial Safety Ordinance. The Hazardous Materials Programs Staff participated with
the Center for Chemical Process Safety in writing the second edition of the book Inherently Safer Chemical
Processes that was published in Spring 2009. The staff has also been working with the Contra Costa County
regulated businesses in the development of the Safety Culture Guidance Document.
The u.s. Chemical Safety and Hazard Investigation Board has recognized the efforts of Contra Costa County
ensuring that the process safety requirements are being implemented by the regulated businesses in their dvd
Anatomy of a Disaster: Explosion at bp Texas City Refinery.
Public Participation
The Hazardous Materials Programs has a very strong public outreach process and is constantly looking at ways to
improve this process. The following items have been implemented based on recommendations from interested
stakeholders and the actions taken this year:
Public outreach was conducted at existing venues
Chevron Richmond Refinery Audit Findings were shared at the Recycle More Earth Day Event in Richmond
in June 2009
Most recent audit findings summarized in easily read format in both English and Spanish
Information on regulated businesses in an easily read format in English and Spanish
Industrial Safety Ordinance Information Sheet in English and Spanish
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Industrial Safety Ordinance Annual Report November 0, 2009
Audits
Audits of the regulated businesses are required at least once every three years to ensure that the facilities have the
required programs in place and are implementing the programs. The audits that were completed this year are:
General Chemical Richmond Works — January 2009
Shell Oil Refinery — May 2009
Air Products at Tesoro Golden Eagle Refinery — August 2009
Air Products at Shell Martinez Refining Company — August 2009
Major Chemical Accidents or Releases
Another measure of the effectiveness of the Industrial Safety Ordinance is by the number and severity of the
Major Chemical Accidents or Releases that have occurred. Since the last report to the Board there has been
no Major Chemical Accidents or Releases at a County or City of Richmond Industrial Safety Ordinance or the
California Accidental Release Prevention Program regulated business or a non-regulated business. As mentioned
earlier, this is the first time that this has occurred since the adoption of the Industrial Safety Ordinance. .
Conclusion
The number and severity of the Major Chemical Accidents or Releases have been decreasing since the
implementation of Industrial Safety Ordinance. The implementation of the Industrial Safety Ordinance has
improved and, in most cases, is being done as required by the ordinance. It is believed that by continuing
implementation of the Industrial Safety Ordinance and strengthening the requirements of the Ordinance that
the possibility of accidents that could impact the community has decreased.
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March 2009
La planta Air Products
Tesoro de Hidrógeno forma
parte de Global Operations Group,
Air Products and Chemicals Inc. de
Allentown, PA y se encuentra ubicada
dentro de la refinería Tesoro. El
principal propósito de esta instalación
es fabricar hidrógeno gaseoso,
principalmente del gas natural, para
la Refinería Tesoro Golden Eagle,
la cual utiliza este producto para
eliminar el azufre y otras impurezas
y lograr combustibles limpios. Esta
instalación que trabaja las 24 horas del
día dice tener 11 empleados a tiempo
completo y una cantidad máxima de
38,500 libras de amoníaco líquido al
30% y 15,830 libras de gas inflamable
que contiene un 11.5% de hidrógeno
y un 12.6% de metano, por peso en
cualquier momento.
Sustancias peligrosas
almacenadas o
producidas en las
instalaciones y sus
efectos inmediatos sobre
la salud.
•Hidrógeno: gas inodoro
extremadamente inflamable.
La inhalación puede
causar mareos, respiración
entrecortada y pérdida del
conocimiento.
•Amoníaco líquido: líquido
incoloro con olor fuerte. Puede
causar nauseas, dificultades
respiratorias y convulsiones. Se
fabrica mediante la disolución
de amoníaco anhidro en agua. AirProducts–TesoroRefneryMartinez,CAThe Tesoro Petroleum
Company is an independent oil
refinery and marketer of petroleum
products in the United States. The Tesoro
Golden Eagle Refinery was formerly
known as the Ultramar Golden Eagle
Refinery, Tosco Avon Refinery, and Phillips
Avon Refinery. Tesoro purchased the
refinery in May 2002. This 24-hour plant
reportedly has 650 full time employees.
The Golden Eagle Refinery processes
about 168,000 barrels (1 barrel = 42
gallons) of crude oil per day into
transportation fuels. The main fuels
produced are gasoline and diesel. The
refinery produces propane and butane
for commercial uses. Also, the refinery
produces anhydrous ammonia and
elemental sulfur as by-products of the
refining process, which are used for
farming; as well as petroleum coke which
is used for fuel cogeneration plants in East
Contra Costa County and overseas. The
refinery also supplies industrial neighbors
such as Monsanto with oleum for their
processes and Air Liquide with carbon
dioxide for the manufacture of dry ice.
Hazardous Substances Stored or Produced Onsite and Their Immediate Health Effects
•Flammable Gases: may be a mild irritant
to throat, nose, lungs and discomfort to
eyes.
• Hydrogen Sulfide: colorless, rotten egg
smelling, corrosive and toxic gas. May
irritate nose, throat and lungs and cause
headaches, dizziness and difficulty in
breathing.
• Anhydrous Ammonia: colorless, corrosive,
irritating gas. Has a sharp suffocating
odor. Inhalation can cause irritation
in nose, throat, and lungs. May cause
shortness of breath, headache, nausea
and vomiting.
• Sulfuric Acid: colorless to brown in
appearance. May cause digestive and
respiratory tract burns and irritation.
• Sulfur Dioxide: colorless, corrosive gas
with burnt match odor. May irritate nose,
throat and lungs; may cause asthma-like
reaction when inhaled.
• Oleum: when contacted with air, oleum
produces a sulfuric acid mist. Sulfuric
acid mist is a white, fog-like gas. When
inhaled can cause coughing, gagging,
chest tightness, suffocation and death.
• Aqueous Ammonia: colorless liquid with
pungent odor. May cause convulsions
breathing difficulty and nausea. Made by
dissolving anhydrous ammonia in water.TesoroGoldenEagleRefneryMartinez,CAMarch 2009
Hazardous Substances
Stored or Produced Onsite
and their Immediate
Health Effects
• Flammable Gases:may be a mild irritant
to throat,nose,and lungs.May cause
discomfort to eyes.
• Hydrogen Sulfide: Colorless rotten egg
smelling corrosive and toxic gas.May
irritate nose, throat, and lungs. Causes
headaches, dizziness, and difficulty in
breathing.
• Anhydrous Ammonia:colorless,
corrosive,irritating gas.Has a sharp
suffocating odor.Inhalation can cause
irritation in nose,throat,and lungs.May
cause shortness of breath,headache,
nausea,and vomiting.
• Sulfuric Acid: Colorless to brown in
appearance.May cause digestive and
respiratory tract burns and irritation.ChevronRichmondRefneryRichmond,CAFebruary 2009
Chevron Richmond Refinery
was built in July 1902, and processed only
10,000 barrels a day of crude oil.
In 2002 the refinery celebrated its centennial
and had six area business units with 30
operating plants, two cogen. plants, five boilers,
and the ability to move 340,000 barrels a day of
raw materials and finished products across its
long wharf.
Today, the Refinery provides jobs for more than
1,800 people, and covers approximately 2,900
acres in the Richmond area.
The refinery is the largest oil refinery in the
Bay Area and the primary business is to make
transportation fuels from crude oil including
gasoline, jet fuel, and diesel fuel. The refinery
also produces lubricating oils and liquefied
petroleum gas and several by products
recovered from the crude oil including sulfur
and anhydrous ammonia.
Chevron is one of the world’s largest integrated
energy companies.Headquartered in San
Ramon, California, they conduct business in
more than 100 countries.
The ConocoPhillips (formerly
known as the Tosco Rodeo Refinery, and
the Unocal Refinery) Rodeo Refinery
processes approximately 75,000 barrels
(1 barrel = 42 gallons) of crude oil and
approximately 38,000 barrels of partially
refined oil from the Santa Maria Refinery
per day into transportation fuels. The
principal fuels produced are gasoline,
diesel, and jet fuels. The refinery also
produces propane, butane and elemental
sulfur for commercial use. In addition, the
facility produces petroleum coke.
Hazardous Substances Stored
or Produced Onsite and their
Immediate Health Effects
•Flammables – In Contra Costa County,
flammables are methane, propane and
butane. These gases are invisible and
have a very slight, sweet, oil-like odor.
Mildly irritates nose, throat and lungs.
• Hydrogen Sulfide – Hydrogen sulfide is a
colorless, corrosive and highly toxic gas
with an offensive rotten egg odor. It is
also highly flammable and a respiratory
inhibitor. Hydrogen sulfide’s odor is
readily detectable at low concentrations;
however, high concentrations may
deaden a person’s sense of smell such
that an odor would not be perceived.
Irritates nose, throat and lungs, and may
cause headaches, dizziness, difficulty in
breathing, or nausea.
• Aqueous Ammonia – A clear, colorless
liquid with a pungent suffocating odor,
which is noticeable at low concentrations.
May cause headache, nausea, or
coughing. May cause convulsions,
breathing difficulty and nausea. Made by
dissolving anhydrous ammonia in water.ConocoPhillipsRefneryRodeo,CASeptember 2009
Industrial Safety Ordinance Annual Report November 0, 2009
Introduction
The Board of Supervisors passed the Industrial Safety Ordinance because of accidents that occurred at the oil
refineries and chemical plants in Contra Costa County. The effective date of the Industrial Safety Ordinance
was January 15, 1999. The ordinance applies to oil refineries and chemical plants with specified North American
Industry Classification System (naics) codes that were required to submit a Risk Management Plan to the
u.s. epa and are program level 3 stationary sources as defined by the California Accidental Release Prevention
(c alarp ) Program. The ordinance specifies the following:
Stationary sources had one year to submit a Safety Plan to Contra Costa Health Services stating how the
stationary source is complying with the ordinance, except the Human Factors portion (completed January
15, 2000)
Contra Costa Health Services develop a Human Factors Guidance Document (completed January 15, 2000)
Stationary sources had one year to comply with the requirements of the Human Factor Guidance Document
that was developed by Contra Costa Health Services (completed January 15, 2001)
For major chemical accidents or releases, the stationary sources are required to perform a root cause analysis
as part of their incident investigations (ongoing)
Contra Costa Health Services may perform its own incident investigation, including a root cause analysis
(ongoing)
All of the processes at the stationary source are covered as program level 3 processes as defined by the
California Accidental Release Prevention Program
The stationary sources are required to consider Inherently Safer Systems for new processes or facilities or for
mitigations resulting from a process hazard analysis
Contra Costa Health Services will review all of the submitted Safety Plans and audit/inspect all of the
stationary source’s Safety Programs within one year of the receipt of the Safety Plans (completed January 15,
2001) and every three years after the initial audit/inspection (ongoing)
Contra Costa Health Services will give an annual performance review and evaluation report to the Board of
Supervisors
The 2006 amendments to the Industrial Safety Ordinance requires or expands the following:
Expands the Human Factors to included Maintenance and all of Health and Safety
Requires the stationary sources to perform Safety Culture Assessments one year after the Hazardous Materials
Programs develops guidance on the performing a Safety Culture Assessment
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Industrial Safety Ordinance Annual Report November 0, 2009
Requires the stationary sources to Perform Security
Vulnerability Analysis
The seven stationary sources now covered by
the Industrial Safety Ordinance are:
Air Products at the Shell Martinez Refining Company
Air Products at the Tesoro Golden Eagle Refinery
Shell Martinez Refining Company
General Chemical West in Bay Point
ConocoPhillips Rodeo Refinery
Tesoro Golden Eagle Refinery
Air Liquide Large Industries
The Air Liquide Rodeo Hydrogen Facility began operation in July 2009 and is located adjacent to the ConocoPhillips
Rodeo Refinery. The facility produces purified hydrogen for industrial customers and also produces steam and
electricity for the ConocoPhillips Refinery.
Contra Costa Health Services completed and issued the Contra Costa County Safety Program Guidance Document
on January 15, 2000. The stationary sources were required to comply with the Human Factors section of this
guidance document by January 15, 2001. Health Services is working with the stationary sources developing the
Safety Culture Assessment Guidance, which should be completed within the next six months.
Contra Costa Health Services has reviewed all of the Safety Plans submitted to the department and has started
the fourth round of audits of the stationary sources, as required by the ordinance. In addition, Contra Costa Health
Services has performed a specialized audit for all the stationary sources for their Human Factors programs and
for Inherently Safer Systems completed in 2002. The status of the reviews and audits are discussed within the
report.
Annual Performance Review and Evaluation Report
The Industrial Safety Ordinance specifies that the contents of the annual performance review and evaluation
report contain the following:
A brief description of how Health Services is meeting the requirements of the ordinance as follows:
Effectiveness of the Department’s program to ensure stationary source’s compliance with the ordinance
Effectiveness of the procedures for records management
Number and type of audits and inspections conducted by Health Services as required by the ordinance
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5.
6.
7.
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Industrial Safety Ordinance Annual Report November 0, 2009
Number of root cause analyses and/or incident investigations conducted by Health Services
Health Services’ process for public participation
Effectiveness of the Public Information Bank
Effectiveness of the Hazardous Materials Ombudsperson
Other required program elements necessary to implement and manage the ordinance
A listing of stationary sources covered by the ordinance, including for each:
The status of the stationary source’s Safety Plan and Program
A summary of all stationary sources’ Safety Plan updates and a listing of where the Safety Plans are
publicly available
The annual accident history report submitted by the regulated stationary sources and required by the
ordinance
A summary, including the status of any root cause analyses and incident investigations conducted
or being conducted by the stationary sources and required by the ordinance, including the status of
implementation of recommendations
A summary, including the status, of any audits, inspections, root cause analyses and/or incident
investigations conducted by Health Services, including the status for implementing the
recommendations
Description of inherently safer systems implemented by the regulated stationary source
Legal enforcement actions initiated by Health Services, including administrative, civil, and criminal
actions
Total penalties assessed as a result of enforcement of the ordinance
Total fees, service charges, and other assessments collected specifically for the support of the ordinance
Total personnel and personnel years used by the jurisdiction to directly implement or administer the
ordinance
Comments from interested parties regarding the effectiveness of the local program that raise public safety
issues
The impact of the ordinance in improving industrial safety
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Industrial Safety Ordinance Annual Report November 0, 2009
Effectiveness of Contra Costa Health Services’ Implementation of the Industrial Safety
Ordinance
Health Services has developed policies, procedures, protocols, and questionnaires to implement both the California
Accidental Release Prevention Program and the Industrial Safety Ordinance. The policies, procedures, protocols,
and questionnaires for these programs are listed below:
Audits/Inspections Policy
Conducting the Risk Management Plan/Safety Plan
Completeness Review Protocol
Risk Management Plan Completeness Review
Questionnaires
Safety Plan Completeness Review Questionnaires
Conducting Audits/Inspections Protocol
Safe Work Practices Questionnaires
CalARP Program Audit Questionnaires
Safety Program Audit Questionnaires
Conducting Employee Interviews Protocol
Employee Interview Questionnaires
Public Participation Policy
Dispute Resolution Policy
Reclassification Policy
Covered Process Modification Policy
CalARP Internal Performance Audit Policy
Conducting the Internal Performance Audit
CalARP Internal Audit Performance Audit Submission
Fee Policy
Notification Policy
Unannounced Inspection Policy
Risk Management Plan Public Review Policy
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Industrial Safety Ordinance Annual Report 9 November 0, 2009
Health Services has developed the Contra Costa County CalARP Program Guidance Document and the Contra
Costa County Safety Program Guidance Document. These documents give guidance to the stationary sources
for complying with the Industrial Safety Ordinance. The policies, procedures, protocols, and questionnaires, are
available through Health Services. The guidance documents can be downloaded through Health Services’ Website:
http://www.cchealth.org/groups/hazmat/california_accidental_release_prevention_guidance_document.php and
http://www.cchealth.org/groups/hazmat/industrial_safety_ordinance_guidance.php
Effectiveness of the Procedures for Records Management
Health Services has set up hard copy and computer files for each of the stationary sources. The files include the
following folders:
Annual status reports
Audits & Inspections
Communications
Completeness Review
Emergency Response
Incident Investigation
Trade Secret Information
The paper files for the stationary sources are kept in a central location. The Accidental Release Prevention
Programs staff has files set up on the Health Services Network where the files for each of the different stationary
sources are found and are accessible to each of the Accidental Release Prevention Programs Engineers, Supervisor,
and the Hazardous Materials Programs Director. The Accidental Release Prevention Programs files also contain
regulations, policies, information from the U.S. EPA, the Governor’s Office of Emergency Services, the U. S. Chemical
Safety and Hazards Investigation Board, and other information pertinent to the engineers. The risk management
and safety plans received are kept at two different Health Services locations: the Hazardous Materials Program
Offices and the Accidental Release Prevention Program Offices.
Number and Type of Audits and Inspections Conducted
Health Services was required to audit and inspect all seven regulated stationary sources that were required to
comply with the Industrial Safety Ordinance within one year after the initial submittal of their Safety Plans. Health
Services reviewed all of the Safety Plans and audited/inspected all of the stationary sources’ Safety Programs
within that year (2000). Health Services performed focused audits of the stationary sources for their Human
Factors Programs (this was not included in the original audit/inspection, since the stationary sources were not
required to have their Human Factors Program in place until January 2001) and Inherently Safer Systems in 2001
and 2002. Additional focused audits were performed to look at how two stationary sources would manage the
organizational change in case there was a strike and non-striking personnel were used instead of the striking
personnel (2002). Health Services completed the second round of audits for all of the Industrial Safety Ordinance
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Industrial Safety Ordinance Annual Report 0 November 0, 2009
stationary sources in 2003 and 2004 and began a third round of audits in Fall 2005, which were completed in the
Spring of 2007. The fourth round of audits was completed in August January 2009. Air Liquide submitted a Risk
Management Plan and Safety Plan to cchs in July of 2009.
When Health Services reviews a Safety Plan, a Notice of Deficiencies is produced that documents what changes to their
Safety Plan a stationary source are required to make before Health Services determines that the Safety Plan is complete.
The stationary source has 60 to 90 days to respond to the Notice of Deficiencies. When the stationary source has
responded to this Notice of Deficiencies, Health Services will review the response. Health Services will either determine
that the Safety Plan is complete or will work with the stationary source until the Safety Plan is determined to be complete.
When the Safety Plan is deemed complete, Health Services will open a public comment period on the Safety Plan and
will present the plan in a public meeting or venue. Health Services will respond to all written comments in writing and
when appropriate use the comments in the audit/inspection of the regulated stationary sources.
Health Services will issue Preliminary Audit Findings after an audit/inspection is complete. The stationary source
will have 90 days to respond to these findings. Health Services will review the response from the stationary
source on the Preliminary Audit Findings. When the stationary source has developed an action plan to come into
compliance with the regulations, Health Services will issue the Preliminary Audit Findings for public comment
and will present the findings in a public meeting or venue. Health Services will consider any public comments that
were received during the public comment period and if appropriate will revise the Preliminary Audit Findings.
When this is complete, Health Services will issue the Final Audit Findings and will respond in writing to any
written public comments received. Table I lists the status of Health Services review of the different stationary
sources’ Safety Plans and audit and inspections of their Safety Programs.
Number of Root Cause Analyses and/or Incident Investigations Conducted
by Health Services
Health Services has not performed any incident investigations, including a root cause analysis, within the last
year. A listing of the Major Chemical Accidents or Releases can be found on the Health Services website at
the following address: http://www.cchealth.org/groups/hazmat/accident_history.php. This list includes accidents
that occurred prior to the adoption of the Industrial Safety Ordinance.
Health Services’ Process for Public Participation
Health Services, in 2005, worked with the community and developed materials that would describe the Industrial
Safety Ordinance using a number of different approaches. The community representatives suggested that Health
Services look at existing venues that are attended by the public that the Health Services’ can present and receive
comments on Preliminary Audit Findings and the stationary source’s Safety Plans. Health Services presented
the Audit Findings for General Chemical Bay Point Works to the Municipal Advisory Council in Bay Point on
November 4, 2008.
Industrial Safety Ordinance Annual Report November 0, 2009
Effectiveness of the Public
Information Bank
The Hazardous Materials Programs section of
Health Services Website http://www.cchealth.
org/groups/hazmat/ includes the following
information:
Industrial Safety Ordinance
Description of covered facilities
Risk Management Chapter discussion
Copy of the ordinance
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Table I
Industrial Safety Ordinance Stationary Source Status
BUS_NAME
Safety Plan
(SP) Received
Notice of
Deficiencies
(NOD) Issued-
SP
Safety Plan
Complete
SP Public
Meeting
Date
Audit/
Inspection
Audit Public
Meeting
SP Human
Factors (HF)
Update
NOD Issued
- HF SP
HF-SP
Determined
Complete
HF Audit/
Inspection
HF Audit
Public
Meeting
Air Liquide 7/10/2009
Air Products
– Shell & Tesoro
1/16/2001 5/10/2001 6/19/2001 5/3/2002 5/8/2003
6/26/2003 8/24/2007 9/14/2007 5/8/2003 2/27/2004 9/24/2006
7/14/2005 9/23/2007 1/22/2007 9/23/2007
12/1/2006 7/20/2009
General
Chemical/Bay
Pt. Works
1/14/2000 6/12/2000 12/20/2000 1/2/2001 8/11/2000 1/2/2001 1/15/2001 7/23/2001 11/6/2001 5/20/2002 5/1/2003
12/10/2003 7/28/2008 3/17/2004 5/1/2003 6/20/2003 11/16/2005
10/9/2007 12/13/2008 11/16/2005 8/29/2005 1/31/2006
1/31/2006 1/7/2008 11/8/2006
11/4/2008 1/2/2007
11/4/2008
ConocoPhillips
- Rodeo
1/15/2000 3/14/2000 5/30/2000 6/15/2000 6/30/2000 4/9/2002 1/12/2001 9/10/2001 3/18/2002 11/5/2001 4/9/2002
8/10/2005 3/28/2006 8/9/2002 4/9/2002 8/1/2003 6/22/2004
8/7/2009 11/5/2007 10/7,13/07 8/15/2006 7/8/2004
10/6/2008 10/7,13/07
Shell Martinez
Refinery
1/14/2000 7/19/2000 4/9/2001 5/8/2003 10/31/2000 5/8/2003 1/16/2001 11/9/2001 1/3/2002 4/29/2002 5/8/2003
7/22/2002 3/21/2003 9/15/2003 9/24/2006 11/26/2004 9/24/2006
1/11/2006 8/15/2006 11/2/2006 9/23/2007 10/23/2006 9/23/2007
4/30/2009
Tesoro Golden
Eagle Refinery
1/12/2001 9/18/2001 12/14/2001 12/3/2001 5/6/2003
6/21/2002 7/30/2007 6/21/2003 9/23/2007 9/8/2003 9/24/2006
6/22/2007 11/5/2007 11/7/2005 9/23/2007
8/18/2008
Industrial Safety Ordinance Annual Report 2 November 0, 2009
Land Use Permit Chapter discussion
Copy of the ordinance
Safety Program Guidance Document
Frequently Asked Questions
Public Outreach strategies
California Accidental Release Prevention (CalARP) Program
Contra Costa County’s California Accidental Release Prevention Program Guidance Document
Program Level description
Discussion on Public Participation for both CalARP Program and the Industrial Safety Ordinance
A map locating the facilities that are subject to the CalARP Program and are required to submit a Risk
Management Plan to Health Services. The map links to a description of each of the facilities and the
regulated substances handled.
Hazardous Materials Inventories and Emergency Response Program
Descriptions
Forms
Underground Storage Tanks
Description of the program
Copies of the Underground Storage Tanks Health & Safety Code sections
Underground Storage Tanks forms
Green Business Program
Description of the Green Business Program with a link to the Association of Bay Area Government’s
website on the Green Business Program
Hazardous Materials Incident Response Team
Including information of the Major Chemical Accidents or Releases that have occurred
The County’s Hazardous Materials Incident Notification Policy
A link to the ConocoPhillips Fenceline Monitors
Hazardous Materials Program Incident Search
On-line search of the hazardous materials incident database for incidents that have occurred from 1993
to current year by entering a date range, address, city, and/or facility name
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Industrial Safety Ordinance Annual Report November 0, 2009
Facility Search
On-line search of the facilities that handle hazardous materials by name of the facility, street name, and
city or any combination of the three
Unannounced Inspection Program
Lists the facilities that are subject to unannounced inspections under the Unannounced Inspection
Program
Hazardous Materials Interagency Task Force
Includes a matrix of who has what hazardous materials and regulatory responsibilities
Minutes from past meetings
Presentations from past meetings
Incident Response
Accident History that list summaries of major accidents from industrial facilities in Contra Costa County
from most recent to 1992
Additional resource links for more information
Effectiveness of the Hazardous Materials Ombudsman
The Board of Supervisors created the Hazardous Materials Ombudsperson position in 1997. This position was
filled in April 1998. The Board believed that the ombudsperson would be a conduit for the public to express their
concerns about how Hazardous Materials Programs personnel are performing their duties. Attachment A is a
report from the Hazardous Materials Ombudsman on the effectiveness of the position.
Other Required Program Elements Necessary to Implement and Manage
the Industrial Safety Ordinance
The California Accidental Release Prevention (CalARP) Program is administered in Contra Costa County by Contra
Costa Health Services. The Industrial Safety Ordinance expands on this program. Stationary Sources are required
to submit a Risk Management Plan to Health Services that is similar to the Safety Plans that are submitted.
Health Services reviews these Risk Management Plans and performs the CalARP Program audit simultaneously
with the Industrial Safety Ordinance audit.
Health Services performs Unannounced Inspections of the stationary sources that are part of the CalARP Program
and are also required to submit a Risk Management Plan to the U.S. EPA. These inspections look at a focused
portion of the CalARP Program or Industrial Safety Ordinance requirements, as well as elements from the other
Hazardous Materials Programs.
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Industrial Safety Ordinance Annual Report November 0, 2009
Regulated Stationary Sources
The Status of the Regulated Stationary Sources’ Safety Plans and Programs
All of the stationary sources that are regulated by the Industrial Safety Ordinance were required to submit their
Safety Plans to Health Services by January 15, 2000 and to have their Safety Programs completed and implemented.
The stationary sources were also required to have a Human Factors Program in place that follows the County’s
Safety Program Guidance Document by January 15, 2001. The status of each of the regulated stationary sources
is given in Table I and includes the following:
When the latest updated Safety Plan was submitted
When the Notice of Deficiencies were issued
When the plan was determined to be complete by
Health Services
When the public meeting was held on the Safety Plan
When the audits were complete
When the public meetings were held on the
preliminary audit findings
Locations of the Regulated Stationary Sources Safety Plans
Each of the regulated stationary sources was required to submit their Safety Plan to Health Services on January
15, 2000 and an updated Safety Plan that includes the implementation of the stationary source’s Human Factors
Program by January 15, 2001. The regulated stationary sources are required to update their Safety Plan, at least,
once every three years. These plans are available for public review at the Hazardous Materials Programs Offices
at 4333 Pacheco Blvd., Martinez. When Health Services determines that the Safety Plan is complete and prior to
going out for a 45-day public comment period, Health Services will place the plan in the library(ies) closest to the
regulated stationary source. Below in Table II is a listing of the regulated stationary sources with the location of
each of their Safety Plans.
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When the Human Factors to the Safety Plan were revised
When the Notice of Deficiencies were issued for the
Human Factors revised Safety Plan
When the Human Factors Safety Plan was determined to
be complete
When the Audit/Inspection was completed
When the Human Factors Audit preliminary findings
Public Meeting was held
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Industrial Safety Ordinance Annual Report November 0, 2009
Annual Accident History Report and Inherently Safer Systems Implemented as
Submitted by the Regulated Stationary Sources
The Industrial Safety Ordinance requires the stationary sources to update the information on their accident
history in their Safety Plans and include how they have used inherently safer processes within the last year. Table
III is a listing of some of the inherently safer systems that have been implemented by the different stationary
sources during the same period. Attachment B includes the individual reports from the stationary sources.
Table II
Location of Safety Plans - Libraries
Regulated Stationary
Source
Location 1 Location 2 Location 3
Air Products at Shell Hazardous Materials
Programs Office
Martinez Public
Library
Air Products at Tesoro Hazardous Materials
Programs Office
Martinez Public
Library
Shell Refining – Martinez Hazardous Materials
Programs Office
Martinez Public
Library
General Chemical West
Bay Point Works
Hazardous Materials
Programs Office
Bay Point Public
Library
ConocoPhillips Rodeo
Refinery
Hazardous Materials
Programs Office
Rodeo Public Library Crockett Public
Library
Tesoro Golden Eagle
Refinery
Hazardous Materials
Programs Office
Martinez Public
Library
Industrial Safety Ordinance Annual Report November 0, 2009
Table III
Inherently Safer Systems
Regulated Stationary Source Inherently Safer System
Implemented
Design Strategy Category
Air Products at Shell Martinez
Refinery
no new inherently safer systems
implemented
Air Products at Tesoro no new inherently safer systems
implemented
ConocoPhillips- Rodeo Refinery Reduction of inventory by
removing piping/equipment from
the process (1 time)
Inherent Minimization
Removed sample stations at
process unit (1 time)
Inherent Simplify
Revised equipment metallurgy,
components, controls features (14
times)
Passive Simplify
Reduced the potential of a
hazard by moving to an alternate
location, reduced exposure
potential (3 times)
Passive Moderate
General Chemical West Bay Point
Works
Reduced the impact of the hazard
by adding sensors (1 time)
Passive Moderate
Minimize exposure to the hazard
by changing design features
and materials of construction (2
Passive Simplify
Shell Martinez Refinery Reduced exposure potential with
change of energy source, design
feature (2 times)
Passive Substitution
Upgraded equipment metallurgy
and design features to reduce
potential of a hazard or the
frequency (t4 times)
Passive Moderate
Reduced potential of exposure by
adding alarm limits (2 times)
Active Moderate
Tesoro Golden Eagle Refinery Eliminated equipment (3 times)Inherent Simplify
Reduced potential of a hazard or
the frequency by changing design
features (9 times)
Passive Simplify
Industrial Safety Ordinance Annual Report November 0, 2009
Status of the Incident Investigations, Including the Root Cause Analyses Conducted by the
Regulated Stationary Sources
The Industrial Safety Ordinance requires the regulated stationary sources to do an incident investigation
with a root cause analysis for each of the major chemical accidents or releases as defined by the following:
“Major Chemical Accident or Release” means an incident that meets the definition of a Level 3 or Level 2 incident in
the Community Warning System incident level classification system defined in the Hazardous Materials Incident
Notification Policy, as determined by Contra Costa Health Services; or results in the release of a regulated substance
and meets one or more of the following criteria:
Results in one or more fatalities
Results in greater than 24 hours of hospital treatment of three or more persons
Causes on- and/or off-site property damage (including cleanup and restoration activities) initially estimated at
$500,000 or more. On-site estimates shall be performed by the regulated stationary source. Off-site estimates
shall be performed by appropriate agencies and compiled by Health Service
Results in a vapor cloud of flammables and/or combustibles that is more than 5,000 pounds
The regulated stationary source is required to submit a report to Health Services 30 days after the root cause
analysis is complete. There is no record of any major chemical accidents or releases that have occurred within the
last year In Contra Costa County.
Major Chemical Accidents or Releases
Health Services has analyzed the Major Chemical Accidents or Releases (mcar ) that have occurred since the
implementation of the Industrial Safety Ordinance. The analysis includes the number of mcar s and the severity
of the mcar s. Three different levels of severity were assigned:
Severity Level III — A fatality, serious injuries, or major onsite and/or offsite damage occurred
Severity Level II — An impact to the community occurred, or if the situation was slightly different the accident
may have been considered major, or there is a recurring type of incident at that facility
Severity Level I — A release where there was no or minor injuries, the release had no or slight impact to the
community, or there was no or minor onsite damage
Below are charts showing the number of mcar s from January 1999 through September 2008 for all stationary
sources in Contra Costa County, the mcar s that have occurred at the County’s Industrial Safety Ordinance
stationary sources, and a chart showing the mcar s that have occurred at the County and the City of Richmond’s
Industrial Safety Ordinance stationary sources. The charts also show the number of severity I, II, and III mcar s
for this period. note : The charts do not include any transportation mcar s that have occurred.
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Industrial Safety Ordinance Annual Report November 0, 2009
Major Chemical Accidents and Releases
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2
4
6
8
10
12
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
YearNumber of MCAR'sTotal MCARs
Severity Level III
Severity Level II
Severity Level I
ISO Stationary Sources MCARs
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2
4
6
8
10
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
YearNumber of MCAR'sTotal MCARs
Severity Level III
Severity Level II
Severity Level I
County and Richmond ISO MCARs
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2
4
6
8
10
12
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
Year
Total MCARs
Severity Level III
Severity Level II
Severity Level I
Industrial Safety Ordinance Annual Report 9 November 0, 2009
A weighted score has been developed giving more weight to the higher severity incidents and a lower weight
to the less severe incidents. The purpose is to developed a metric of the overall process safety of facilities in the
County, the facilities that are covered by the County and the City of Richmond Industrial Safety Ordinances, and
the facilities that are covered by the County’s Industrial Safety Ordinance. A Severity Level III incident is given 9
points, Severity Level II 3 points, and Severity Level I 1 point. Below is a graph of this weighted scoring.
Legal Enforcement Actions Initiated by Health Services
As part of the enforcement of the Industrial Safety Ordinance and the Calarp Program, Health Services issues
Notice of Deficiencies on the Safety and Risk Management Plans and issues Audit Findings on what a stationary
source is required to change to come into compliance with the regulations. Table I shows the action that has
been taken by Health Services. Health Services has not taken any action through the District Attorney’s Office for
noncompliance with the requirements of the Industrial Safety Ordinance.
Penalties Assessed as a Result of Enforcement
No penalties have been assessed this year for noncompliance with the Industrial Safety Ordinance.
Total Fees, Service Charges, and Other Assessments Collected Specifically for the
Industrial Safety Ordinance
The fees charged for the Industrial Safety Ordinance are to cover the time that the Accidental Release Prevention
Engineers use to enforce the ordinance, the position of the Hazardous Materials Ombudsman, outreach material,
and to cover a portion of the overhead for the Hazardous Materials Programs. The fees charged for administering
this ordinance and the Richmond Industrial Safety Ordinance for the fiscal year 2008 – 09 are $439,861.
Major Chemical Accidents and Releases Weighted Score
0
5
10
15
20
25
30
19992000200120022003200420052006200720082009Total MCARs
County & Richmond
ISOCounty ISO
Industrial Safety Ordinance Annual Report 20 November 0, 2009
Total Personnel and Personnel Years Used by Health Services to Implement the
Industrial Safety Ordinance
The Accidental Release Prevention Programs Engineers have reviewed resubmitted Safety Plans, prepared and
presented information for public meetings, performed audits of the stationary sources for compliance with both
the California Accidental Release Prevention Program and Industrial Safety Ordinance and did follow-up work
after a Major Chemical Accident or Release. The following is a breakdown of the time that was spent on the
County’s and the City of Richmond’s Industrial Safety Ordinances:
Four iso /Calarp Program facilities audits were done between November 2008 and October 2009. It takes
four or five engineers four weeks to perform an iso /Calarp Program on site portion of the audit. The audit
process includes off site time that includes a quality assurance process, working with the facility to address
any questions, posting public notices, addressing any questions from the public, and issuing the final report.
The total time taken to perform the four audits in 2009 is 3800 hours. Approximately 1/3 of the time is
dedicated to the Industrial Safety Ordinance for a total of 1,266 hours.
Developing Safety Culture Assessment Guidance and establishing Process Safety Measurement – 80 hours
Reviewing information for the website – 20 hours
Reviewing Safety Plans and following up with the facilities on any deficiencies – 59 hours
Health Services Communications Office or the Accidental Release Prevention Engineers prepare material for
presentations and public meetings — total approximately 40 personnel hours.
Working with Public Health Division on preparing meetings and material for the Spanish Speaking
Communities –40 personnel hours
Total of 1,550 hours is the approximate personnel time spent on the Industrial Safety Ordinance, or 0.92
personnel years.
This is not including the Ombudsman time spent helping prepare for the public meetings, working with the
engineers on questions arising from the Industrial Safety Ordinance, and answering questions from the public
on the Industrial Safety Ordinance.
Comments From Interested Parties Regarding the Effectiveness of the
Industrial Safety Ordinance
No comments were received on the County’s or the City of Richmond’s Industrial Safety Ordinances during the
last year.
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Industrial Safety Ordinance Annual Report 2 November 0, 2009
The Impact of the Industrial Safety Ordinance on Improving Industrial Safety
Four programs are in place to reduce the potential of an accidental release from a regulated stationary source
that could impact the surrounding community. The four programs are the Process Safety Management Program
administered by Cal/osha, the federal Accidental Release Prevention Program administered by the u.s. epa, the
California Accidental Release Prevention Program administered locally by Health Services, and the Industrial
Safety Ordinance administered by Health Services. Each of the programs is very similar, with the Industrial Safety
Ordinance being the most stringent. The prevention elements of the program level 3 regulated stationary sources
under the federal Accidental Release Prevention Program is identical to the Process Safety Management Program.
The main differences between the Federal Accidental Release Prevention and the CalarpPrograms are as follows:
The number of chemicals regulated
The threshold quantity of these chemicals
An external events analysis, including seismic and security and vulnerability analysis, is required
Additional information in the Risk Management Plan
Health Services is required to audit and inspect stationary sources at least once every three years
The interaction required between the stationary source and Health Services
The differences between the CalARP and the Industrial Safety Ordinance Safety Programs are as follows:
Stationary sources are required to include a root cause analysis with the incident investigations for Major
Chemical Accidents or Releases
The stationary sources are required to consider inherently safer practices
All of the process at the regulated stationary source are covered
Managing changes in the organization for operations, maintenance, and emergency response
The implementation of a Human Factors Programs
The Board of Supervisors amended the County’s Industrial Safety Ordinance to expand the requirement of the
ordinance in 2006. These amendments are as follows:
Expand the Human Factors section of the Industrial Safety Ordinance to include the following:
Maintenance procedures
Management of Organizational Changes
Maintenance personnel
A job task analysis for each of the positions that work in operations, maintenance, emergency response
and Health and Safety
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Include temporary changes in the Management of Organizational Change
A requirement that the stationary sources perform a Security and Vulnerability Analysis and test the
effectiveness of the changes made as a result of the Security and Vulnerability Analysis
The stationary sources perform a Safety Culture Assessment
Work is being done to develop Safety Culture Assessment guidance. The Industrial Safety Ordinance Guidance
document is being updated to include the remaining changes to the ordinance. The Accidental Release Prevention
Engineers have participated with the Center for Chemical Process Safety on developing the second edition of the
Inherently Safer Chemical Processes book that is referenced in the ordinance and with the Center for Chemical
Process Safety on developing process safety metrics for leading and lagging indicators.
All of these requirements will and have lowered the probability of an accident occurring. Contra Costa County
has been recognized in the Chemical Safety and Hazard Investigation Board Report on the bp March 23, 2005
Texas City Investigation as an alternative model for doing process safety inspections. The report states: “Contra
Costa County and the u.k. Health and Safety Executive conduct frequent scheduled inspections of PSM and major
hazard facilities with highly qualified staff.” This was done to compare to the number of osha process safety
management audits. Carolyn W. Merritt, the Chemical Safety and Hazard Investigation Board Chair, at that time,
also recognized Contra Costa County in testimony to the House of Representatives Committee on Education
and Labor chaired by Representative George Miller. Senator Barbara Boxer, during a hearing to consider John
Bresland’s nomination to the Chemical Safety and Hazard Investigation Board as the Chair (replacing Carolyn
Merritt), asked Mr. Bresland about the Contra Costa County program for process safety audits of refineries and
chemical companies. The Chemical Safety and Hazard Investigation Board also mentions Contra Costa County
in a dvd, Anatomy of a Disaster: Explosion at BP Texas City Refinery, on the resources given to audit and ensure
facilities are complying with the regulations.
City of Richmond Industrial Safety Ordinance
The City of Richmond passed its version of the Industrial Safety Ordinance on December 18, 2001 that became
effective on January 17, 2002. Richmond’s Industrial Safety Ordinance mirrors the County’s Industrial Safety
Ordinance, with the exceptions of the 2006 amendments to the County’s Ordinance. Richmond’s Industrial
Safety Ordinance covers two stationary sources: Chevron and General Chemical West Richmond Works.
Chevron and General Chemical West Richmond Works submitted their Safety Plans to Health Services, which
have been reviewed by Health Services. The public comment period for these plans ended in January 2004.
Public meetings held in 2004 in North Richmond and Richmond discussed Chevron and General Chemical West
Richmond Works audit findings. The second Richmond Industrial Safety Ordinance/Calarp Program audits for
these facilities occurred in 2006 and public meetings were held in June 2007 at Hilltop Mall at “Lessons from
Katrina,” the 2007 Neighbor Works Week Homeownership Faire & Disaster Preparedness Expo.
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Industrial Safety Ordinance Annual Report 2 November 0, 2009
Health Services followed up on the January 15, 2007 fire at the Chevron Refinery. The follow-up included a public
meeting, City Council meetings, meetings with Chevron on the investigation and the root cause analysis. Chevron
Richmond Refinery was audited for the third time for riso /Calarp program in April 2008 and the final report
has been finalized and results were available at the Recycle More Earth Day Event in Richmond in June 2009.
Copies of the audit results are available at the Richmond Library and a summary of the audit is also available on
Contra Costa Health Services’ website (www.cchealth.org).
Contra Costa Health Services performed an riso /Calarp program audit at General Chemical Richmond in
January of 2009. The final report is being completed for the next public event in Richmond.
Industrial Safety Ordinance Annual Report 2 November , 2009
blank page
Hazardous Materials
Ombudsman Report
attachment a
blank page
Industrial Safety Ordinance Annual Report A- November 0, 2009
Hazardous Materials Ombudsman Evaluation
October 200 through September 2009
I. Introduction
On July 15, 1997 the Contra Costa County Board of Supervisors authorized creation of an Ombudsman position
for the County’s Hazardous Materials Programs. The first Hazardous Materials Ombudsman began work on
May 1, 1998. The Contra Costa County Board of Supervisors adopted an Industrial Safety Ordinance on December
15, 1998. Section 450–8.022 of the Industrial Safety Ordinance requires the Health Services Department to continue
to employ an Ombudsman for the Hazardous Materials Programs. Section 450–8.030(b )(vii) of the Industrial
Safety Ordinance requires an annual evaluation of the effectiveness of the Hazardous Materials Ombudsman,
with the first evaluation to be completed on or before October 31, 2000.
The goals of section 450–8.022 of the Industrial Safety Ordinance for the Hazardous Materials Ombudsman are:
To serve as a single point of contact for people who live or work in Contra Costa County regarding environmental
health concerns, and questions and complaints about the Hazardous Materials Programs.
To investigate concerns and complaints, facilitate their resolution, and assist people in gathering information
about programs, procedures, or issues.
To provide technical assistance to the public.
The Hazardous Materials Ombudsman currently accomplishes these goals through the following program
elements:
Continuing an outreach strategy so that the people who live and work in Contra Costa County can know
about and utilize the program.
Investigating and responding to questions and complaints, and assisting people in gathering information
about programs, procedures, or issues.
Participating in a network of environmental programs for the purpose of providing technical assistance.
This evaluation covers the period from October, 2008 through September, 2009 for the Hazardous Materials
Ombudsman program. The effectiveness of the program shall be demonstrated by describing that the activities
of the Hazardous Materials Ombudsman meet the goals established in the Industrial Safety Ordinance.
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Industrial Safety Ordinance Annual Report A-2 November 0, 2009
II. Program Elements
Continuing an Outreach Strategy
This period, efforts were focused on maintaining the outreach tools currently available. Copies of the Ombudsman
Brochure were translated into Spanish and were distributed to the public at meetings, presentations, public
events, and through the mail. A contact person was also established in Public Health that could receive calls
from the public in Spanish and serve as an interpreter to respond to these calls. In addition to explaining the
services provided by the position, the brochure also provides the phone numbers of several other related County
and State programs. The web page was maintained for the program as part of Contra Costa Health Services web
site. This page contains information about the program, links to other related web sites, and information about
upcoming meetings and events. A toll-free phone number is still published in all three Contra Costa County
phone books in the Government section.
2. Investigating and Responding to Questions and Complaints, and Assisting in Information Gathering
A. Responding to Questions and Complaints
During this period, the Hazardous Materials Ombudsman received 190 information requests. This is a 28%
increase over the previous period. Over 95 percent of these requests occurred via the telephone, and have
been requests for information about environmental issues. Requests via e-mail are slowly increasing,
mainly through referrals from Health Services main web page. Most of these requests concern problems
around the home such as asbestos removal, household hazardous waste disposal, pesticide misuse and
lead contamination.
Information requests about environmental issues received via the telephone were generally responded
to within one business day of being received. Many of the information requests were answered during
the initial call. Some requests required the collection of information or written materials that often took
several days to compile. Telephone requests were responded to by telephone unless written materials
needed to be sent as part of the response.
Complaints about the Hazardous Materials Programs can also be received via telephone and in writing.
Persons that make complaints via telephone are also asked to provide those complaints in writing. During
this period, the Hazardous Materials Ombudsman received one request for help with activities or actions
of the Hazardous Materials Programs. A property owner who’s property was the site of an illegal drug lab
requested help in understanding the basis for the bill received for the Department’s activities associated
with the clean-up of the property. The matter was resolved to the satisfaction of the property owner.
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Industrial Safety Ordinance Annual Report A- November 0, 2009
B. Assisting in Information Gathering
Many of the environmental pollution issues that Contra Costa residents are concerned about are on-going
regulatory programs or industrial activities. Helping people to participate in these regulatory activities
or to effectively advocate their interests about an industrial activity usually means providing them with
more information or advice than can be done with a single phone call. Often these issues are complex
and can take months to resolve.
One way of helping the public to gather information is to ensure the public has the opportunity to
be informed about, and participate in, important decisions related to environmental protection. The
Hazardous Materials Ombudsman has done this by organizing, promoting and facilitating public
involvement in Industrial Safety Ordinance Public Participation. The ordinance requires that public
meetings be held at various stages of the process. The Hazardous Materials Ombudsman has worked
closely with the Hazardous Materials Programs staff and the Board of Supervisors to develop an intensive
public outreach strategy for the Industrial Safety Ordinance. During this period, the Ombudsman helped
the Hazardous Materials Program develop programs and prepare information for public presentations
about audits completed during the year.
3. Participating in a Network of Environmental Programs for the Purpose of Providing Technical Assistance.
Technical assistance means helping the public understand the regulatory, scientific, political, and legal aspects
of issues. It also means helping them understand how to effectively communicate their concerns within these
different arenas. This year, the Ombudsman continued to staff a number of County programs and participate in
other programs to be able to provide technical assistance to the participants and the public.
caer (Community Awareness and Emergency Response) — This non-profit organization addresses
industrial accident prevention, response and communication. The Ombudsman participated in the
Emergency Notification subcommittee of caer .
Hazardous Materials Commission — In 2001, the Ombudsman took over as staff for the commission.
As staff to the commission, the Ombudsman conducts research, prepared reports, writes letters and
provides support for 3 monthly Commission meetings. During this period, the Ombudsman analyzed
the results of a public survey developed to solicit concerns about hazardous materials and attitudes
about relative risk, conducted two town hall forums about Household Hazardous Waste issues
with County Supervisors, held an educational forum on cumulative impacts, conducted research on
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Industrial Safety Ordinance Annual Report A- November 0, 2009
brownfield issues in the county, and conducted research on the status of Household Hazardous Waste
collection in the County.
Public and Environmental Health Advisory Board — As staff to the Environmental Health
subcommittee of pehab , the Ombudsman completed a report on pest management issues in the County
in March, 2001. In response to this report, the Board of Supervisors asked Health Services and the County
Agricultural Commissioner to convene a Task Force to develop an Integrated Pest Management Policy for
the County. The Ombudsman represented Health Services as co-chair of this Task Force from 2001 till March
of 2007. During this period the Ombudsman continued to represent Health Services on the Task Force.
The Ombudsman also participated in a regional program developing public education programs
about the consumption of contaminated fish out of San Francisco Bay and the Delta as a result of
pehab ’s concern about the Environmental Justice issues raised by the significant subsistence fishing
by Contra Costa residents. The Ombudsman also helped the members of pehab prepare comments
on the Bay Area Air Quality Management District’s flare control rule.
Asthma Program — The Ombudsman participated in the Public Health Department’s asthma program
as a resource on environmental health issues. The Ombudsman also participated in county-wide
asthma coalition meetings, and represented the Asthma program at regional meetings pertaining to
asthma issues, particularly diesel pollution. The Ombudsman oversaw the completion of a $170,000
CalTrans grant that allowed Asthma Advocates and other County residents to get involved in land-
use issues related to diesel pollution and goods movement. The Ombudsman gave presentations to 10
High School classes on asthma and air pollution.
East County Environmental Justice Collaborative — During this period the Ombudsman provided
technical assistance to the East County Environmental Justice Collaborative, a Public Health
Department project in Bay Point and Pittsburg. This project was funded by grants from the Federal epa
and the San Francisco Foundation that the Ombudsman helped secure. The role of the Ombudsman
in this project was to help community residents understand the risks presented to them by various
environmental sources of pollution so that they could better determine which of these, if any, were
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Industrial Safety Ordinance Annual Report A- November 0, 2009
of concern to them. The Ombudsman helped develop research materials and gave presentations to
residents as part of this project.
Bay Area Air Quality Management District’s Community Air Risk Evaluation Program — During this
period the Ombudsman was appointed to represent the Public Health Division on the advisory board
to this Air District program. This advisory board meets quarterly to discuss implementation of this
program that identifies and creates strategies to address health risks in communities with high air
pollution emissions in the Bay Area. Two of these areas are in Contra Costa County.
Richmond General Plan Health Element Data Group — During this period the Ombudsman provided
technical assistance to the City of Richmond as part of an effort to evaluate the effectiveness of the
implementation of the new Health Element of their updated General Plan.
The Hazardous Materials Ombudsman also attended workshops, presentations, meetings and trainings on a
variety of environmental issues to be better able to provide technical assistance to the public. Topics included
Environmental Justice, emergency management practices, health mitigations for consumption of contaminated
fish, effective techniques for public education and outreach, and diesel pollution.
III. Program management
The Hazardous Material Ombudsman continued to report to the Public Health Director on a day-to-day basis
during this period, while still handling complaints and recommendations about the Hazardous Materials
Programs through the Health Services Director. The duties of the Hazardous Materials Ombudsman also included
management of the Caltrans grant about Goods Movement. The Ombudsman also was a member of Health
Services Emergency Management Team and participates on its heep management team. The Ombudsman
also assisted the Asthma program in the writing of grants to fund ongoing programs. During this period the
Ombudsman also served as Logistics Coordinator in the Departmental Operations Center established to respond
to the h1n1 flu outbreak in April.
IV. Goals for the 2009/0 period
In this period, the Ombudsman will provide essentially the same services to Contra Costa residents as was
provided in the last period. The Ombudsman will continue respond to questions and complaints about the
actions of the Hazardous Materials Programs; answer general questions that come from the public and assist
them in understanding regulatory programs; staff the Hazardous Materials Commission and the Public and
Environmental Health Advisory Board; provide technical support to the Asthma program; and participate in
the Integrated Pest Management Taskforce, the caer Emergency Notification committee, the Air District caer
•
•
Industrial Safety Ordinance Annual Report A- November 0, 2009
Advisory Board, and the Richmond Health Element Data Group. As a new activity this period, the Ombudsman
will represent Contra Costa Health Services in a one-year long national project sponsored by the Center for
Disease Control to address public health and chemical exposures.
In this period, the Ombudsman will continue efforts to re-distribute his brochures throughout the County and
promote his services via the County’s website. He will also continue to give presentations to community groups
and governmental agencies to promote the services of the position. The Ombudsman will also continue to seek
out and pursue funding from grants, settlements and penalties for environmental projects in Contra Costa
County, with the appropriate partners.
Regulated Sources
Accident History &
Inherent Safety
Implementation
attachment b
blank page
Industrial Safety Ordinance Annual Report B- November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-1 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-1 of 18
Annual Performance Review and Evaluation Submittal
June 15, 2009
*Attach additional pages as necessary
1.Name and address of Stationary Source: Air Products
Shell Martinez Refinery, 110 Waterfront Road, Martinez, CA 94553
2.Contact name and telephone number (should CCHS have questions): Michael Cabral, (925) 372-9302
3.Summarize the status of the Stationary Source’s Safety Plan and Program (450-8.030(B)(2)(i)):
4.Summarize Safety Plan updates (i.e., brief explanation of update and corresponding date) (450-8.030(B)(2)(ii)):
5.List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the
source will provide individuals with copies of the document (450-8.030(B)(2)(ii)): CCHS Office, 4333 Pacheco
Boulevard, Martinez; Martinez Library (library closest to the stationary source); Air Products – See contact in
#2, above.
6.Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450-
8.016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Section
450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance
review report and the current annual performance review and evaluation submittal (12-month history):
7.Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the
status of implementation of recommendations formulated during the analysis (450-8.030(B)(2)(iv)):
8.Summary of the status of implementation of recommendations formulated during audits, inspections, Root
Cause Analyses, or Incident Investigations conducted by the Department (450-8.030(B)(2)(v)):
Industrial Safety Ordinance Annual Report B-2 November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-2 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-2 of 18
9.Summary of inherently safer systems implemented by the source including but not limited to inventory
reduction (i.e., intensification) and substitution (450-8.030(B)(2)(vi)):
10.Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned
over to the Contra Costa County District Attorney’s Office) taken with the Stationary Source pursuant to
Section 450-8.028 of County Ordinance 98-48 (450-8.030(B)(2)(vii)): None
11.Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)):None
________________________________________________________________________
12.Summarize the total fees, service charges, and other assessments collected specifically for the support of the
ISO (450-8.030(B)(4)): CalARP Program fees for these eight facilities are - $420,000, the Risk Management
Chapter of the Industrial Safety Ordinance fees are - $524,000.
13.Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer
this Chapter (450-8.030(B)(5)): 4400 hours were used to audit/inspect and issue reports on the Risk
Management Chapter of the Industrial Safety Ordinance.
14.Copies of any comments received by the source (that may not have been received by the Department) regarding
the effectiveness of the local program that raise public safety issues (450-8.030(B)(6)):
15.Summarize how this Chapter improves industrial safety at your stationary source (450-8.030(B)(7)):
16.List examples of changes made at your stationary source due to implementation of the Industrial Safety
Ordinance (e.g., recommendations from PHA’s, Compliance Audits, and Incident Investigations in units not
subject to CalARP regulations; recommendations from RCA’s) that significantly decrease the severity or
likelihood of accidental releases:
17.Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in
response to major chemical accidents or releases:
Air Products — Shell Martinez Refinery
Industrial Safety Ordinance Annual Report B- November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-3 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-3 of 18
Annual Performance Review and Evaluation Submittal
June 15, 2009
*Attach additional pages as necessary
1.Name and address of Stationary Source: Air Products
Tract 1, Tesoro Refinery (Golden Eagle - Avon), Solano Way, Martinez, CA 94553
2.Contact name and telephone number (should CCHS have questions): Michael Cabral, (925) 372-9302
3.Summarize the status of the Stationary Source’s Safety Plan and Program (450-8.030(B)(2)(i)):
4.Summarize Safety Plan updates (i.e., brief explanation of update and corresponding date) (450-8.030(B)(2)(ii)):
5.List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the
source will provide individuals with copies of the document (450-8.030(B)(2)(ii)): CCHS Office, 4333 Pacheco
Boulevard, Martinez; Martinez Library (library closest to the stationary source); Air Products – See contact in
#2, above.
6.Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450-
8.016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Sectio n
450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance
review report and the current annual performance review and evaluation submittal (12-month history):
7.Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the
status of implementation of recommendations formulated during the analysis (450-8.030(B)(2)(iv)):
8.Summary of the status of implementation of recommendations formulated during audits, inspections, Root
Cause Analyses, or Incident Investigations conducted by the Department (450-8.030(B)(2)(v)):
9.Summary of inherently safer systems implemented by the source including but not limited to inventory
reduction (i.e., intensification) and substitution (450-8.030(B)(2)(vi)):
Industrial Safety Ordinance Annual Report B- November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-4 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-4 of 18
10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned
over to the Contra Costa County District Attorney’s Office) taken with the Stationary Source pursuant to
Section 450-8.028 of County Ordinance 98-48 (450-8.030(B)(2)(vii)): None
11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)):None
________________________________________________________________________
12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the
ISO (450-8.030(B)(4)): CalARP Program fees for these eight facilities are - $420,000, the Risk Management
Chapter of the Industrial Safety Ordinance fees are - $524,000.
13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer
this Chapter (450-8.030(B)(5)): 4400 hours were used to audit/inspect and issue reports on the Risk
Management Chapter of the Industrial Safety Ordinance.
14. Copies of any comments received by the source (that may not have been received by the Department) regarding
the effectiveness of the local program that raise public safety issues (450-8.030(B)(6)):
15. Summarize how this Chapter improves industrial safety at your stationary source (450-8.030(B)(7)):
16. List examples of changes made at your stationary source due to implementation of the Industrial Safety
Ordinance (e.g., recommendations from PHA’s, Compliance Audits, and Incident Investigations in units not
subject to CalARP regulations; recommendations from RCA’s) that significantly decrease the severity or
likelihood of accidental releases:
17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in
response to major chemical accidents or releases:
Air Products — Tesoro Refinery (Golden Eagle—Avon)
Industrial Safety Ordinance Annual Report B- November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-5 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-5 of 18
Annual Performance Review and Evaluation Submittal
June 24, 2009
*Attach additional pages as necessary
1. Name and address of Stationary Source: ConocoPhillips Rodeo Refinery, 1380 San Pablo Avenue,
Rodeo, CA 94572
2. Contact name and telephone number (should CCHS have questions): John Driscoll 510-245-4466
3. Summarize the status of the Stationary Source’s Safety Plan and Program (450-8.030(B)(2)(i)):
The Safety Plan was last revised in July 2006 and is scheduled for an update in 2009.
4. Summarize Safety Plan updates (i.e., brief explanation of update and corresponding date) (450-8.030(B)(2)(ii)):
The original Safety Plan for this facility was filed with Contra Costa Health Services on January 14, 2000.
A revised plan was filed on April 7, 2000 with the updated recommendations requested by CCHS. A Human
Factors Amendment was submitted on January 15, 2001. In conjunction with CCHSs required 2nd public
meeting on our plan and audit findings, we submitted a complete revision of the plan to reflect the change in
ownership of our facility and to update where needed. We took this opportunity to include Human Factors
within the plan instead of having it as an amendment. On August 9, 2002 the plan was resubmitted. Public
meetings for our plans were held on June 22, 2004 in Rodeo and July 8, 2004 in Crockett. As required the Plan
was fully updated in August 2005 on the 3 year cycle. The Plan was reviewed by CCHS and was revised on
July 28, 2006 with recommended changes. The next update is scheduled for July 2009
5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the
source will provide individuals with copies of the document (450-8.030(B)(2)(ii)): CCHS Office, 4333
Pacheco Boulevard, Martinez; Rodeo Public Library; Crockett Public Library (libraries closest to the stationary
source).
6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450-
8.016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Section
450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance
review report and the current annual performance review and evaluation submittal (12-month history):
There have been no major chemical accidents or releases during the current reporting year
7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the
status of implementation of recommendations formulated during the analysis (450-8.030(B)(2)(iv)):
None
8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root
Cause Analyses, or Incident Investigations conducted by the Department (450-8.030(B)(2)(v)):
Industrial Safety Ordinance Annual Report B- November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-6 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-6 of 18
The 2008 CalARP/ISO audit findings are in preliminary draft technical review status with CCHS
9. Summary of inherently safer systems implemented by the source including but not limited to inventory
reduction (i.e., intensification) and substitution (450-8.030(B)(2)(vi)):
See Attachment 1
10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned
over to the Contra Costa County District Attorney’s Office) taken with the Stationary Source pursuant to
Section 450-8.028 of County Ordinance 98-48 (450-8.030(B)(2)(vii)): None
11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)):No penalities
have been assessed against any facility.
12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the
ISO (450-8.030(B)(4)): CalARP Program fees for these eight facilities are - $420,000, the Risk Management
Chapter of the Industrial Safety Ordinance fees are - $524,000. (NOTE: These fees include those for the
County and City of Richmond ISO facilities)
13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer
this Chapter (450-8.030(B)(5)): 4400 hours were used to audit/inspect and issue reports on the Risk
Management Chapter of the Industrial Safety Ordinance.
14. Copies of any comments received by the source (that may not have been received by the Department) regarding
the effectiveness of the local program that raise public safety issues (450-8.030(B)(6)):
No comments have been received
15. Summarize how this Chapter improves industrial safety at your stationary source (450-8.030(B)(7)):
In conjunction with the ConocoPhillips Corporate Health Safety Environment Management Systems the
ISO is another tool in the continuation of improving health and safety performance
16. List examples of changes made at your stationary source due to implementation of the Industrial Safety
Ordinance (e.g., recommendations from PHA’s, Compliance Audits, and Incident Investigations in units not
subject to CalARP regulations; recommendations from RCA’s) that significantly decrease the severity or
likelihood of accidental releases:
Units not covered by RMP, CalARP, and PSM are covered under the ISO and PHAs are scheduled and
performed on all these units. A list of inherently safer systems as required by the ISO for PHA
recommendations and new construction is attached
17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in
response to major chemical accidents or releases:
None have occurred since the last report
ConocoPhillips Refinery
Industrial Safety Ordinance Annual Report B- November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-7 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-7 of 18
Attachment 1
June 2008 - June 2009 ISS improvements
Type ISS category Description
Project Passive Upgraded pump components to better
metallurgy
Project Passive Upgraded gaskets on coke drum heads
Project Passive Upgraded motor on emergency shutoff
valve
Project Passive Upgraded metallurgy of tank floor
Project Passive Installed firewall between transformers
Project Passive Upgraded coker blowdown valve
metallurgy
Project Passive Upgraded motor on emergency shutoff
valve
Project Passive Upgraded metallurgy of sour service
piping for corrosion improvement
Project Passive
Upgraded controls for sulfur plant for
advanced control system with safety
shutdowns
Project Passive Upgraded metallurgy of piping of
caustic system
Project Passive
Reduced exposure by adding
mechanism to remove steam from coke
drums prior to deheading
Project Passive Upgraded process catalyst for gas
turbine exhaust
Project Passive Upgraded pump components to better
metallurgy
Project Passive Installed Emergency Isolation Valve
below vessel
Project Passive Upgraded piping with internal coating
to improve corrosion
Project Passive Upgraded metallurgy of reactor
internals
Project Passive Relocated operations of main process
unit to remote control room
Project Inherent Removed 30 ft piping (deadleg)
Project Inherent Removed sample stations at process
unit
Industrial Safety Ordinance Annual Report B- November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-8 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-8 of 18
Annual Performance Review and Evaluation Submittal
June 30, 2009
*Attach additional pages as necessary
1. Name and address of Stationary Source: General Chemical Bay Point Works, 501 Nichols Road, Bay
Point, California 94565
2. Contact name and telephone number (should CCHS have questions): Jim Craig, 925-458-7363
3. Summarize the status of the Stationary Source’s Safety Plan and Program (450-8.030(B)(2)(i)): General
Chemical – BPW Safety Plan and Program are currently in place. The Safety Plan and program are reviewed
regularly for improvement opportunities
4. Summarize Safety Plan updates (i.e., brief explanation of update and corresponding date) (450-8.030(B)(2)(ii)):
As a result of 2008 CCHS ISO audit recommendations a PHA discussion section was added to the safety plan in
September 2008. Other changes to the plan included minor updates on the organization chart and on references
to the location of emergency contact information. The changes were submitted to CCHS in October 2008.
5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the
source will provide individuals with copies of the document (450-8.030(B)(2)(ii)): CCHS Office, 4333 Pacheco
Boulevard, Martinez; Bay Point Library (library closest to the stationary source).
6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450-
8.016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Section
450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance
review report and the current annual performance review and evaluation submittal (12-month history):There has
been no major chemical accidents or releases at Bay Point Works between the last and the current annual
performance review and evaluation submittal
7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the
status of implementation of recommendations formulated during the analysis (450-8.030(B)(2)(iv)): There has
been no root cause analysis for major chemical accident or release performed during this period
8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root
Cause Analyses, or Incident Investigations conducted by the Department (450-8.030(B)(2)(v)): An audit was
conducted in January 2008, resulting in 76 recommendations. General Chemical has addressed 85% of those
recommendations and is currently working to resolve the rest.
9. Summary of inherently safer systems implemented by the source including but not limited to inventory
reduction (i.e., intensification) and substitution (450-8.030(B)(2)(vi)):The facility installed additional Ammonia
sensors in areas surrounding the anhydrous ammonia tank and also replaced the 70% Hydrofluoric acid tank.
Currently BPW is in the process of replacing a glass distillation column with PTFE lined stainless steel,
implementing a project for automated / remote shutdown of drum fill level, and RFID monitoring of drum fill
process to insure against the filling of inappropriate product .
Industrial Safety Ordinance Annual Report B-9 November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-9 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-9 of 18
10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned
over to the Contra Costa County District Attorney’s Office) taken with the Stationary Source pursuant to
Section 450-8.028 of County Ordinance 98-48 (450-8.030(B)(2)(vii)): None
11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)):None
12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the
ISO (450-8.030(B)(4)): CalARP Program fees are - $$420,000 and the Risk Management Chapter of the
Industrial Safety Ordinance fees are - $524,000. These numbers include the fees for both the County and City of
Richmond facilities.
13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer
this Chapter (450-8.030(B)(5)): 4400 hours were used to audit/inspect and issue reports on the Risk
Management Chapter of the Industrial Safety Ordinance.
14. Copies of any comments received by the source (that may not have been received by the Department) regarding
the effectiveness of the local program that raise public safety issues (450-8.030(B)(6)):The Facility has not
received any comments (that may not have been received by the Department) regarding the effectiveness of the
local program.
15. Summarize how this Chapter improves industrial safety at your stationary source (450-8.030(B)(7)):This
chapter helps the facility prevent chemical accidents and minimize the potential risks and exposure to
employees, community and the environment .
16. List examples of changes made at your stationary source due to implementation of the Industrial Safety
Ordinance (e.g., recommendations from PHA’s, Compliance Audits, and Incident Investigations in units not
subject to CalARP regulations; recommendations from RCA’s) that significantly decrease the severity or
likelihood of accidental releases: The facility has conducted PHAs on all units including those that are not
subject to CalARP regulations. The facility has implemented many recommendations from these PHAs. The
plant has also provided more internal and external safety training for employees. Additionally, BPW has made
and continues to make many changes to procedures in order to take full advantage of programs such as human
factors.
17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in
response to major chemical accidents or releases: There has been no emergency response activities in response
to major chemical accidents of releases during period
General Chemical Bay Point Works
Industrial Safety Ordinance Annual Report B-0 November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-10 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-10 of 18
Annual Performance Review and Evaluation Submittal
June 30, 2009
*Attach additional pages as necessary
1.Name and address of Stationary Source: Shell Oil Products U.S. Martinez Refinery
3485 Pacheco Blvd., Martinez, CA 94553
2.Contact name and telephone number (should CCHS have questions): Ken Axe; 925-313-5371
3. Summarize the status of the Stationary Source’s Safety Plan and Program (450-8.030(B)(2)(i)): SMR’s Safety
Plan was last updated in September 2007, incorporating updates addressing findings from the
October/November 2006 CalARP/ISO audit. SMR’s Safety Program is being implemented. SMR’s Safety
Program was most recently reviewed by CCHS during the CalARP/ISO audit conducted in May 2009.
4. Summarize Safety Plan updates (i.e., brief explanation of update and corresponding date) (450-8.030(B)(2)(ii)):
There were no updates to the Safety Plan document made during the current reporting period (July 1, 2008 to
June 30, 2009). SMR’s Safety Plan was last updated in September 2007, incorporating updates addressing
findings from the October/November 2006 ISO/CalARP audit.
5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the
source will provide individuals with copies of the document (450-8.030(B)(2)(ii)): CCHS Office, 4333 Pacheco
Boulevard, Martinez; Martinez Public Library (library closest to the stationary source).
6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450-
8.016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Section
450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance
review report and the current annual performance review and evaluation submittal (12-month history): There
were no MCAR’s in the current reporting period (July 1, 2008 to June 30, 2009), and therefore no updates to the
Accident History.
7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the
status of implementation of recommendations formulated during the analysis (450-8.030(B)(2)(iv)): There were
no MCAR’s in the current reporting period (July 1, 2008 to June 30, 2009), and therefore no RCA’s were
required.
8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root
Cause Analyses, or Incident Investigations conducted by the Department (450-8.030(B)(2)(v)): 81 of the 82
action items arising from the October/November 2006 CalARP/ISO audit have been implemented (and
reviewed in the course of the May 2009 CalARP/ISO audit). The remaining recommendation (associated with a
“consider” item) is scheduled to be implemented by yearend 2010, as originally planned. There have been no
RCA’s or Incident Investigations conducted by the Department.
9. Summary of inherently safer systems implemented by the source including but not limited to inventory
reduction (i.e., intensification) and substitution (450-8.030(B)(2)(vi)): See Attachment 1, Table 1.
Industrial Safety Ordinance Annual Report B- November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-11 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-11 of 18
10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned
over to the Contra Costa County District Attorney’s Office) taken with the Stationary Source pursuant to
Section 450-8.028 of County Ordinance 98-48 (450-8.030(B)(2)(vii)): None
11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)):No penalities
have been assessed against any facility.
12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the
ISO (450-8.030(B)(4)): CalARP Program fees for these eight facilities are - $420,000, the Risk Management
Chapter of the Industrial Safety Ordinance fees are - $524,000. (NOTE: These fees include those for the
County and City of Richmond ISO facilities)
13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer
this Chapter (450-8.030(B)(5)): 4400 hours were used to audit/inspect and issue reports on the Risk
Management Chapter of the Industrial Safety Ordinance.
14. Copies of any comments received by the source (that may not have been received by the Department) regarding
the effectiveness of the local program that raise public safety issues (450-8.030(B)(6)): None received.
15. Summarize how this Chapter improves industrial safety at your stationary source (450-8.030(B)(7)): SMR has
integrated requirements of the Industrial Safety Ordinance into our Health, Safety, and Environment
Management System; in the context of our HSE MS, the ISO requirements help drive continual improvement in
our HSE performance.
16. List examples of changes made at your stationary source due to implementation of the Industrial Safety
Ordinance (e.g., recommendations from PHA’s, Compliance Audits, and Incident Investigations in units not
subject to CalARP regulations; recommendations from RCA’s) that significantly decrease the severity or
likelihood of accidental releases: See Attachment 1, Table 2.
17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in
response to major chemical accidents or releases: There were no MCAR’s in the current reporting period (July
1, 2008 to June 30, 2009).
Shell Oil Products U.S. Martinez Refinery
Industrial Safety Ordinance Annual Report B-2 November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-12 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-12 of 18
Attachment 1
Table 1. Summary of Implemented ISS
ISS Item Number ISS Type Source/Study Description
R2006733-017-2 Passive/Moderation ISS Existing Replaced bottom de-heading valves on Delayed
Coker Drums with slide valves (integral chute
moderates potential consequences)
R20051044-001-5 Substitution ISS Existing Replace propane storage for Recovered Oil
thermal oxidizer with natural gas piping.
R2009086-001 Passive/Moderation ISS Existing Installed passive leak-limiting valves on 3
sample stations in DHT.
R2009089-002 Passive/Simplify ISS Existing Installed passive fail-safe trip systems in SRU.
M20071559-001 Passive/Moderation Project Modified water drain piping on butane spheres
to moderate potential consequences of butane
release through water drains.
M20071609-001 Passive/Moderation Project Modified water drain piping on propane vessels
to moderate potential consequences of propane
release through water drains.
Table 2. ISO-only Recommendations Implemented (not required by CalARP)
Recommendation Number Source/Study Description
R2007770-006 PHA Established alarm and action limits on pressure to reduce the potential
for blowing a water seal in CO Boilers, potentially resulting in an
MCAR.
R2007770-008 PHA Established alarm and action limit on low oxygen in CO Boilers to
reduce the potential for MCAR.
Industrial Safety Ordinance Annual Report B- November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-13 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-13 of 18
Annual Performance Review and Evaluation Submittal
June 30, 2009
*Attach additional pages as necessary
1. Name and address of Stationary Source:
Tesoro Golden Eagle Refinery
150 Solano Way
Martinez, CA 94553
2. Contact name and telephone number (should CCHS have questions):
Alan Savage at (925) 335-3490 or Sabiha Gokcen at (925) 370-3620.
3. Summarize the status of the Stationary Source’s Safety Plan and Program (450-8.030(B)(2)(i)):
An updated Safety Plan was submitted to Contra Costa Health Services on June 22, 2007. Contra Costa
Health Services has completed four audits of the sa fety programs. The first audit was in September,
2000 on the safety programs. The second audit was in December, 2001 and focused on Inherently
Safer Systems and Human Factors. An unannounced inspection occurred in March, 2003.
CalARP/ISO audits were conducted in August, 2003, November-December, 2005 and most recently
August-October, 2008. All safety program elements required by the ISO have been developed and
are implemented.
4. Summarize Safety Plan updates (i.e., brief explanation of update and corresponding date) (450-
8.030(B)(2)(ii)):
The original Safety Plan for this facility was filed with Contra Costa Health Services on January 14, 2000.
An amended plan, updated to reflect CCHS recommendations and ownership change, was filed on
November 30, 2000. A Human Factors Amendment was submitted on January 15, 2001. A Power
Disruption Plan was submitted, per Board of Supervisor request, on June 1, 2001. An amended
Safety Plan, updated to reflect ownership change was submitted on June 17, 2002.
The Safety Plan for this facility will be updated whenever changes at the facility warrant an update or every
three years from June 17, 2002. An updated Safety Plan will be submitted this year along with an
updated RMP. In addition, the accident history along with other information is updated every year
on June 30.Most recently, updated Safety Plan was submitted to Contra Costa Health Services on
June 22, 2007.
5. List of locations where Safety Plans are/will be available for review, including contact telephone
numbers if the source will provide individuals with copies of the document (450-8.030(B)(2)(ii)):
CCHS Office, 4333 Pacheco Boulevard, Martinez library
6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450-
8.016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Section
Industrial Safety Ordinance Annual Report B- November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-14 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-14 of 18
450-8.016(E)(1) for all major chemical accidents or releases occurring between the last accident history report
submittal (January 15) and the annual performance review and evaluation submittal (June 30)):
There have been no accidents meeting the major chemical accident or release criteria during this reporting
period.
7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the
status of implementation of recommendations formulated during the analysis (450-8.030(B)(2)(iv)):
Status of Root Cause Analysis Recommendations:
All investigation recommendations from root cause analyses submitted to CCHS
are closed except as noted below.
For the March 24, 2006 #2HDS fire investigation, one recommendation remains
open. It is a long-term recommendation updating the P&IDs to include
metallurgy on the P&IDs.
8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root
Cause Analyses, or Incident Investigations conducted by the Department (450-8.030(B)(2)(v)):
“CCHS Information”: CCHS completed an audit on September 15, 2000, December, 2001,
August, 2003, November/December, 2005 and August-October, 2008. There are no RCA or
Incident Investigations that have been conducted by the Department.
Facility status of audit recommendations: All recommendations from CCHS
audits prior to 2008 are closed. For the 2008 audit, there are 73 recommendations
total in the audit. 25 of those recommendations are closed, which is 34% of the
recommendations. The status of the remaining 48 recommendations was included
in the response to CCHS submitted on 5/4/09. Please refer to that submittal.
9. Summary of inherently safer systems implemented by the source including but not limited to inventory
reduction (i.e., intensification) and substitution (450-8.030(B)(2)(vi)):
Golden Eagle is submitting a list of the Inherently Safer Systems (ISS) that meet
the criteria for Inherent or Passive levels only and that were completed within the
last year (see attached).
10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned
over to the Contra Costa County District Attorney’s Office) taken with the Stationary Source pursuant to
Section 450-8.028 of County Ordinance 98-48 (450-8.030(B)(2)(vii)):
“CCHS Information”: none
11.Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)):
Tesoro Golden Eagle Refinery
Industrial Safety Ordinance Annual Report B- November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-15 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-15 of 18
“CCHS Information”: No penalties have been assessed against any facility.
12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the
ISO (450-8.030(B)(4)):
“CCHS Information”: CalARP program fees for these eight facilities are
$420,408.42. The Risk Management Chapter of the Industrial Safety Ordinance
fees are $524,243.94.
13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer
this Chapter (450-8.030(B)(5)):
“CCHS Information”: 4400 hours were used to audit/inspect and issue reports on
the Risk Management Chapter of the Industrial Safety Ordinance.
14. Copies of any comments received by the source (that may not have been received by the Department) regarding
the effectiveness of the local program that raise public safety issues(450-8.030(B)(6)):
This facility has not received any comments to date regarding the effectiveness of
the local program.
15. Summarize how this Chapter improves industrial safety at your stationary source (450-8.030(B)(7)):
Chapter 450-8 improves industrial safety by expanding the safety programs to all
units in the refinery. In addition, the timeframe is shorter to implement
recommendations generated from the Process Hazard Analysis (PHA) safety
program than state or federal law. This has resulted in a faster implementation of
these recommendations.
Chapter 450-8 also includes requirements for inherently safer systems as part of
implementing PHA recommendations and new construction. This facility has
developed an aggressive approach to implementing inherently safer systems in
these areas.
Chapter 450-8 has requirements to perform root cause analyses on any major chemical accidents or
releases (MCAR). This facility has applied that rigorous methodology to investigate any MCARs that have
occurred since January, 1999.
Chapter 450-8 requires a human factors program. This facility has developed a
comprehensive human factors program and is in the process of implementing the
program.
16. List examples of changes made at your stationary source due to implementation of the Industrial Safety
Ordinance (e.g., recommendations from PHA’s, Compliance Audits, and Incident Investigations in units not
Tesoro Golden Eagle Refinery
Industrial Safety Ordinance Annual Report B- November 0, 2009
Title:
INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE
REVIEW AND EVALUATION
HAZARDOUS MATERIALS PROGRAMS
Document No.: Date Effective: Page:
B-16 of 18
Policy Document Owner: Approved By: Revision No.:
1
Page B-16 of 18
subject to CalARP regulations; recommendations from RCAs) that significantly decrease the severity or
likelihood of accidental releases.
This question was broadly answered under question 15 above. Some examples of
changes that have been made due to implementation of the ordinance are as
follows. There are some units that were not covered by RMP, CalARP or PSM.
Those units are now subject to the same safety programs as the units covered by
RMP, CalARP and PSM. They have had PHAs performed on them according to
the timeline specified in the ISO and the PHA recommendations have been
resolved on the timeline specified in the ISO. A list of inherently safer systems as
required by the ISO for PHA recommendations and new construction is attached to
this filing as mentioned in the response to question 9. With respect to Compliance
Audits, there was a compliance audit performed in June, 2006 in addition to the
CCHS audits mentioned above. All audit findings are being actively resolved.
Root Cause Analysis findings and recommendations for MCARs are listed in the
response under question 6.
17. Summarize the emergency response activities conducted at the source (e.g., CWS or CAN activation) in
response to major chemical accidents or releases:
Please refer to #6 which has the CWS classifications for the major chemical
accidents and releases as well as any information regarding emergency responses
by agency personnel.
Tesoro Golden Eagle Refinery
Industrial Safety Ordinance Annual Report B- November 0, 2009Title:INDUSTRIAL SAFETYORDINANCE ANNUAL PERFORMANCE REVIEW AND EVALUATIONHAZARDOUS MATERIALSPROGRAMSDocument No.: Date Effective: Page: B-17 of 18 Policy Document Owner: Approved By: Revision No.: 1Page B-17 of 18 ItemLevel of Risk Reduction(Inherent or Passive)ImplementationBasis(PHA or Project) DescriptionA009-2005-004 Passive PHA A passive level of risk reduction was implemented through equipment design features which reduce the frequency of the hazard.A015-2002-143 Inherent PHAAn inherent level of risk reduction was implemented through the elimination of equipment. A015-2002-149 Inherent PHAAn inherent level of risk reduction was implemented through the elimination equipment. A026-2006-ISS-01 Passive PHAA passive level of risk reduction was implemented through equipment design features which reduce the frequency of the hazard.A045-2007-002 Passive PHA A passive level of risk reduction was implemented through design features which reduce the frequency of the hazard.A054B-2005-010-S Passive PHA A passive level of risk reduction was implemented through equipment design features which reduce the frequency of the hazard.A054B-2005-031-SPassive PHA A passive level of risk reduction was implemented through equipment design features which reduce the frequency of the hazard.A054N-2004-129Passive PHA A passive level of risk reduction was implemented through equipment design features which reduce the frequency of the hazard.A060-2007-003 Inherent PHA An inherent level of risk reduction was implemented through the elimination of equipment.
Industrial Safety Ordinance Annual Report B- November 0, 2009Title:INDUSTRIAL SAFETYORDINANCE ANNUAL PERFORMANCE REVIEW AND EVALUATIONHAZARDOUS MATERIALSPROGRAMSDocument No.: Date Effective: Page: B-18 of 18 Policy Document Owner: Approved By: Revision No.: 1Page B-18 of 18 ItemLevel of Risk Reduction(Inherent or Passive) ImplementationBasis(PHA or Project) DescriptionA073-2004-ISS-04 Passive PHA A passive level of risk reduction was implemented through equipment design features which reduce the frequency of the hazard. A082-2006-360 Passive PHA A passive level of risk reduction was implemented through equipment design features which reduce the frequency of the hazard.
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