HomeMy WebLinkAboutMINUTES - 06032014 - D.3RECOMMENDATION(S):
1. INTRODUCE proposed Ordinance No. 2014-07, which would amend specified sections of the County’s Industrial
Safety Ordinance, WAIVE reading and SET June 17, 2014, for adoption.
2. DETERMINE that the adoption of proposed Ordinance No. 2014-07 is exempt from the California Environmental
Quality Act (CEQA), pursuant to Section 15061, subdivision (b)(3), of the CEQA Guidelines.
3. DESIGNATE County Counsel as the official charged with preparing a summary of proposed Ordinance No.
2014-07 for publication pursuant to Government Code section 25124, subdivision (b)(1).
4. DIRECT the Clerk of the Board to publish the summary of proposed Ordinance No. 2014-07 and post a certified
copy of the full text of proposed Ordinance No. 2014-07 in the office of the Clerk of the Board, pursuant to
Government Code section 25124, subdivision (b)(1).
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/03/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Randy Sawyer,
335-3210
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: June 3, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc: Randy Sawyer, T Scott, C Rucker
D. 3
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:June 3, 2014
Contra
Costa
County
Subject:INTRODUCTION OF ORDINANCE NO. 2014-7, AMENDING SPECIFIED SECTIONS OF COUNTY
ORDINANCE CODE CHAPTER 450-8
FISCAL IMPACT:
No impact to the General Fund is anticipated. Staff costs associated with implementation of Ordinance No.
2014-07 will be covered by fees charged to industry.
BACKGROUND:
On August 6, 2012, there was a major fire at the Chevron Richmond Refinery. In the weeks that followed, more
than 15,000 people sought care at area hospitals for symptoms attributed to the fire.
1. Recommended safety measures
The U.S. Chemical Safety and Hazard Investigation Board (“CSB”) investigated the fire and in April 2013 issued
an interim report of its findings as to the causes of the fire and recommendations to address what it described as
the ”need for inherently safer design, rigorous and documented damage mechanism reviews, and thorough
analyses of process safeguards.”
Recommendations in the report were directed to Chevron U.S.A., the City of Richmond, Contra Costa County,
Cal/OSHA, the State of California and the U.S. Environmental Protection Agency. Recommendations to the
County were:
2012-03-I-CA-R6
Revise the Industrial Safety Ordinance (ISO) to require that Process Hazard Analyses include documentation of
the recognized methodologies, rationale and conclusions used to claim that safeguards intended to control hazards
will be effective. This process shall use established qualitative, quantitative, and/or semi-quantitative methods
such as Layers of Protection Analysis (LOPA).
2012-03-I-CA-R7
Revise the Industrial Safety Ordinance (ISO) to require the documented use of inherently safer systems analysis
and the hierarchy of controls to the greatest extent feasible in establishing safeguards for identified process
hazards. The goal shall be to drive the risk of major accidents to As Low As Reasonably Practicable (ALARP).
Include requirements for inherently safer systems analysis to be automatically triggered for all Management of
Change and Process Hazard Analysis reviews, prior to the construction of new processes, process unit rebuilds,
significant process repairs, and in the development of corrective actions from incident investigation
recommendations.
2012-03-I-CA-R8
Monitor and confirm the effective implementation of the damage mechanism hazard review program
(2012-03-I-CA-R1 and 2012-03-I-CA-R2), so that all necessary mechanical integrity work at the Chevron
Richmond Refinery is identified and recommendations are completed in a timely way.
2012-03-I-CA-R16
Participate in the joint regulatory program described in recommendation 2012-03-I-CA-R11. This participation
shall include contributing relevant data to the repository of investigation and inspection data created by the
California Department of Industrial Relations and jointly coordinating activities.
2. County response to recommendations
The first two recommendations concern the County’s Industrial Safety Ordinance (ISO), codified at Chapter
450-8 of the County Ordinance Code. Staff is recommending the adoption of Ordinance No. 2014-07 to amend the
ISO consistent with these recommendations. Similar recommendations were directed to the City of Richmond,
which also has an ISO, modeled on the County’s ISO. The City of Richmond is expected to also introduce an
ordinance amending its ISO on June 3, 2014.
With regard to the third recommendation, staff has been working with the City of Richmond and Cal/OSHA to
determine the effectiveness of Chevron’s damage mechanism hazard reviews. Staff will continue to monitor
Chevron’s efforts in the course of conducting ISO audits and inspections.
Recommendation 2012-03-I-CA-R11, cited in the fourth recommendation above, is one of several
recommendations directed to the State of California. It relates to the establishment of a multi-agency process
safety regulatory program for all California oil refineries to improve public accountability, transparency, and
performance of chemical accident prevention and mechanical integrity programs. Part of the recommendation is
that there be mechanisms built into the program for federal, state and local agency operational coordination. Staff
is advised that to date, the recommended program has not been established. For this reason, the County to date is
unable to comply with the fourth CSB recommendation.
3. ISO Amendments
Shortly after the fire, the Board formed an ad hoc committee, consisting of Supervisors John Gioia and Federal
Glover, to review and make recommendations on improvements to the County’s ISO and Community Warning
System. After the CSB issued its interim report, the Ad Hoc Committee and the Richmond City Council
determined that amendments to the County’s ISO and City’s ISO should be consistent. A Joint Committee made
up of Supervisors Gioia and Glover and Councilpersons Jim Rogers and Jovanka Beckles was then formed to
work with staff to develop language to address the CSB recommendations. As part of the process, an ISO Working
Committee was formed to gather input from different stakeholders and review draft ordinance language. The
Working Committee included representatives from the public, industry and representatives from the City of
Richmond.
Ordinance No. 2014-¬¬¬¬07 contains the proposed amendments to the County’s ISO. The proposed amendments
can also be seen in the redlined copy of the County’s ISO attached to this Board Order. The proposed amendments
include language requiring stationary sources to perform inherently safer systems analyses:
(1) Every five years for existing covered processes;
(2) In the development and analysis of recommended action items identified in a process hazard analysis;
(3) As part of a management of change review, whenever a major change is proposed at a facility that could
reasonably result in a major chemical accident or release;
(4) When an incident investigation report recommends a major change that could reasonably result in a major
chemical accident or release;
(5) When a root cause analysis report recommends a major change that could reasonably result in a major
chemical accident or release; and
(6) During the design of new processes, process units and facilities.
The proposed amendments would require inherently safer systems to be implemented to the greatest extent
feasible and as soon as administratively practicable.
The proposed amendments would also require stationary sources to conduct a safeguard protection analysis no
later than June 30, 2019, and every five years thereafter. The purpose of the safeguard protection analysis would
be to evaluate the effectiveness of existing safeguards and safeguards recommended in a process hazard analysis.
In addition to amendments responsive to the CSB’s recommendations to the County, proposed Ordinance No.
2014-07 includes provisions that would require the use of process safety performance indicators in the evaluation
of the performance of process safety systems. Process safety performance indicators are measurements of
specified events and activities that take place at stationary sources. Events and activities common to all facilities
would be established by the Hazardous Materials Programs Division and site-specific events and activities by the
stationary sources. Stationary sources would be required to track these events and activities, record the
measurements and make them available to County inspectors. The Hazardous Materials Programs Division would
then include the common indicators in its annual report to the Board. These amendments were based in part on a
CSB recommendation to the State of California. Staff and the Joint Committee determined that these amendments
should be included in the County’s ISO because process safety performance indicators will assist in meeting the
ISO’s purpose of reducing the number, frequency and severity of accidental releases.
A goal of CSB is to reduce the risk of an accidental release to “As Low As Reasonably Practicable,” or ALARP.
The proposed amendments acknowledge this goal by including the following language in the Purpose and Goals
section of the County’s ISO: “Preventing and reducing the number, frequency, and severity of accidental releases
in the county to the greatest extent feasible.” Staff determined that this language is equivalent to and may be
stronger language than ALARP.
The Department of Conservation and Development (DCD) reviewed the proposed amendments to the County’s
ISO and determined that adoption of Ordinance No. 2014-07 would be exempt from CEQA under Section 15061,
subdivision (b)(3), of the CEQA Guidelines, which provides:
“The activity is covered by the general rule that CEQA applies only to projects, which have the potential for
causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
DCD found that the proposed amendments to the County’s ISO would add analysis and reporting requirements for
industrial stationary sources and related minor changes to the existing ISO, but no chemical production or
handling processes would be changed, and no standards or thresholds would be added or changed. Based on these
findings, DCD staff determined that the proposed amendments to the County’s ISO did not have the potential to
cause a significant adverse effect on the environment.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not introduce Ordinance No. 2014-07, it cannot be adopted, and the measures recommended by
the CSB to reduce the risk of major chemical accidents and releases would not take effect.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
INTRODUCED proposed Ordinance No. 2014-07; WAIVED reading and SET June 17, 2014, for adoption.;
DETERMINED that the adoption of proposed Ordinance No. 2014-07 is exempt from the California
Environmental Quality Act (CEQA); DESIGNATED County Counsel as the official charged with preparing a
summary of proposed ordinance; DIRECTED the Clerk of the Board to publish the summary of proposed
ordinance and post a certified copy of the full text of proposed Ordinance in the office of the Clerk of the
Board.
ATTACHMENTS
Redlined Changes
final ordianance
PROPOSED REVISIONS TO CURRENT INDUSTRIAL SAFETY ORDINANCE
Chapter 450-8 RISK MANAGEMENT
Sections:
450-8.002 Background and findings.
450-8.004 Purpose and goals.
450-8.006 Authority.
450-8.008 Administration.
450-8.010 Applicability.
450-8.012 Inspection.
450-8.014 Definitions.
450-8.016 Stationary source safety requirements.
450-8.018 Review, audit and inspection.
450-8.020 Trade secret.
450-8.022 Hazardous materials ombudsperson.
450-8.024 Public information bank.
450-8.026 Fees.
450-8.028 Penalties.
450-8.030 Annual performance review and evaluation.
450-8.032 Construction.
450-8.002 Background and findings.
The board of supervisors of Contra Costa County finds as follows:
(a) Recent incidents in Contra Costa County at industrial chemical,
petrochemical, and oil industry facilities have prompted the consideration of
reviews, inspections, and audits that supplement existing federal and state safety
programs and the imposition of additional safety measures to protect public
health and safety from accidental releases.
(b) Section 112(r)(7) of the Clean Air Act (42 U.S.C.A. Section 7412(4))
required the Federal Environmental Protection Agency ("EPA") to promulgate the
rule known as the "Risk Management Program," which is intended to prevent
accidental releases of regulated substances, as defined in the federal program,
and reduce the severity of those releases that do occur. All facilities subject to
this federal regulation must prepare a risk management plan (RMP) based on a
risk management program established at the facility, that includes a hazard
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assessment of the facility, an accidental release prevention program, and an
emergency response program (40 CFR Section 68). The facility must submit the
Federal RMP to the EPA by June 21, 1999 (40 CFR Section 68-150-68.185). The
federal RMP will be available to state and local government and the public.
(c) The California Health and Safety Code Article 2 (Section 25531 et
seq.) of Chapter 6.95 was amended effective January 1, 1997 to implement the
federal EPA's risk management program rule with certain state-specific
amendments. The state's risk management program is known as the California
Accidental Release Prevention (CalARP) Program.
(d) The county recognizes that regulatory requirements alone will not
guarantee public health and safety, and that the public is a key stakeholder in
chemical accident prevention, preparedness, and response at the local level.
Preventing accidental releases of regulated substances is the shared
responsibility of industry, government and the public. The first steps toward
accident prevention are identifying the hazards and assessing the risks. Once
information about chemical hazards in the community is openly shared, industry,
government, and the community can work together towards reducing the risk to
public health and safety.
(e) The success of a safety program is dependent upon the
cooperation of industrial chemical and oil refining facilities within Contra Costa
County. The public must be assured that measures necessary to prevent
incidents are being implemented, including changes or actions required by the
department or the stationary source that are necessary to comply with this
chapter. (Ord. 98-48 § 2).
450-8.004 Purpose and goals.
(a) The purpose of this chapter is to impose regulations which improve
industrial safety by:
(1) Requiring the conduct of process hazard analyses for covered
processes handling hazardous materials not covered by the federal or state
accidental release prevention programs;
(2) Requiring the review of action items resulting from process hazard
analyses and requiring completion of those action items selected by the
stationary source for implementation within a reasonable time frame;
(3) Requiring the review of accidental release prevention efforts of
stationary sources and providing for the conduct of investigations and analyses
for the determination of the root cause for certain incidents;
(4) Providing review, inspection, auditing and safety requirements that
are more stringent than those required in existing law and regulations;
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(5) Providing for public input into the safety plan and safety program
and public review of any inspection and audit results;
(6) Facilitating cooperation between industry, the county, local fire
departments, Cal/OSHA, EPA, other agencies that have oversight of refineries,
and the public in the prevention and reduction of incidents at stationary sources;
(7) Expanding the application of certain provisions of the federal and
state accidental release prevention programs to processes not covered by the
federal or state accidental release prevention programs;
(8) Verifying that an approved security and vulnerability study is
performed, and that the recommendations are addressed within a reasonable
time frame;
(9) Requiring the development and implementation of a written human
factors program; and
(10) Preventing and reducing the number, frequency, and severity of
accidental releases in the county to the greatest extent feasible. (Ords. 2014-07
§ 3, 2006-22 § 2, 98-48 § 2).
450-8.006 Authority.
The ordinance codified in this chapter is adopted by the county pursuant
to its police power for the purposes of protecting public health and safety by
prevention of accidental releases of hazardous materials and to assure
protection of the environment. (Ord. 98-48 § 2).
450-8.008 Administration.
The department is charged with the responsibility of administering and
enforcing this chapter. (Ord. 98-48 § 2).
450-8.010 Applicability.
(a) This chapter shall apply to stationary sources except that:
(b) The following are exempt from the provisions of this chapter except
Sections 450-8.016(c) and (e), and 450-8.018(f) and (g):
(1) Storage tanks containing a nonregulated substance, except for
storage tanks that contain a material that has a flashpoint above one hundred
forty-one degrees Fahrenheit and below two hundred degrees Fahrenheit in
accordance with the definition of combustible liquid in 49 CFR 173.120(b);
(2) Drum storage of: (A) a nonregulated substance; (B) less than ten
thousand pounds of a hazard category B material located such that the drums
could reasonably be expected to be involved in a single release; and (C) a
hazard category A material, located such that the drums could reasonably be
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expected to be involved in a single release, at less than the quantity specified as
the threshold planning quantity on the extremely hazardous substances list
(Appendix A to 40 CFR Chapter I, Subchapter J, Part 355, as amended from time
to time) or five hundred pounds, whichever is less;
(3) Activities in process plant laboratories or laboratories that are under
the supervision of a technically qualified individual as defined in Section
720.3(ee) of 40 CFR. This exemption does not apply to specialty chemical
production; manufacture, processing or use of substances in pilot plant scale
operations; and activities conducted outside the laboratory;
(4) Utilities, except for fuel gas and natural gas systems to the battery
limits of a process unit; and
(5) Any waste tanks, containers or other devices subject to the federal
and state hazardous waste laws, including the Resource Conservation and
Recovery Act (RCRA), 40 CFR Chapter I, Subchapter I, commencing with Part
260, the California Hazardous Waste Control Law, California Health and Safety
Code, commencing with Section 25100 and the California Code of Regulations,
Title 22 Division 4.5 Environmental Health Standards for the Management of
Hazardous Waste. (Ords. 2006-22 § 3, 98-48 § 2).
450-8.012 Inspection.
The department shall be allowed reasonable access to any part of the
stationary source subject to the requirements of this chapter, Sections 450-8.016
and 450-8.018 and to supporting documentation retained by the source for the
purpose of determining compliance with this chapter. (Ord. 98-48 § 2).
450-8.014 Definitions.
For purposes of this chapter, the definitions set forth in this section shall
apply. Words used in this chapter not defined in this section shall have the
meanings ascribed to them in the Clean Air Act Regulations (40 CFR Section
68.3) and in California Health and Safety Code Article 2 (Section 25531 et seq.)
of Chapter 6.95, unless the context indicates otherwise.
(a) "Covered process" means any process at a stationary source.
(b) "Department" means the Contra Costa County health services
director and any director authorized deputies.
(c) "Feasible" means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account economic,
environmental, legal, social, and technological factors.
(d) "Hazard category A materials" are substances which meet the
hazard category A material definition as set forth in Section 84-63.1016 of this
code.
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(e) "Hazard category B materials" are substances which meet the
hazard category B material definition as set forth in Section 84-63.1016 of this
code.
(f) "Industry codes, standards, and guidelines" means the edition of
the codes, standards, and guidelines in effect at the time of original design or
construction for the design, construction, alteration, maintenance or repair of
process units, industrial equipment, or other industrial facilities, structures or
buildings published by, but not limited to, the American Petroleum Institute (API),
the American Chemistry Council (ACC), the American Society of Mechanical
Engineers (ASME) or the American National Standards Institute (ANSI), and
meets recognized and generally accepted good engineering practices
(RAGAGEP).
(g) "Inherently safer systems" means "inherently safer design
strategies" as discussed in the latest edition of the Center for Chemical Process
Safety Publication "Inherently Safer Chemical Processes," and means feasible
alternative equipment, processes, materials, lay-outs, and procedures meant to
eliminate, minimize, or reduce the risk of a major chemical accident or release by
modifying a process rather than adding external layers of protection. Examples
include, but are not limited to, substitution of materials with lower vapor pressure,
lower flammability, or lower toxicity; isolation of hazardous processes; and use of
processes which operate at lower temperatures and/or pressures.
(h) "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 the department; or results in the release of a
regulated substance and meets one or more of the following criteria:
(1) Results in one or more fatalities;
(2) Results in greater than at least twenty-four hours of hospital
treatment of each of at least three persons;three or more persons;
(3) Causes on- and/or off-site property damage (including clean-up and
restoration activities) initially estimated at five hundred thousand dollars or more.
On-site estimates shall be performed by the stationary source. Off-site estimates
shall be performed by appropriate agencies and compiled by the department;
(4) Results in a vapor cloud of flammables and/or combustibles that is
more than five thousand pounds.
(i) "Regulated substance" means (1) any chemical substance which
satisfies the provisions of California Health and Safety Code Section 25532(g),
as amended from time to time, or (2) a substance which satisfies the provisions
of hazard categories A or B in Section 84-63.1016 of this code. Mixtures
containing less than one percent of a regulated substance shall not be
considered in the determination of the presence of a regulated material.
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(j) "Risk management program" means the documentation,
development, implementation, and integration of management systems by the
facility to comply with the regulations set forth in 40 CFR, Part 68 and the
California Health and Safety Code, Article 2, commencing with Section 25531.
(k) "RMP" means the risk management plan required to be submitted
pursuant to the requirements of the 40 CFR Section 68.150-68.185 and the
California Health and Safety Code Article 2 (Section 25531 et seq.) of Chapter
6.95.
(l) "Root cause" means prime reasons, such as failures of some
management systems, that allow faulty design, inadequate training, or improper
changes, which lead to an unsafe act or condition, and result in an incident. If
root causes were removed, the particular incident would not have occurred.
(m) "Safety plan" means the safety plan required to be submitted to the
department pursuant to the requirements of Section 450-8.016 of this chapter.
(n) "Safety program" means the documentation, development,
implementation, and integration of management systems by the stationary
source to comply with the safety requirements set forth in Section 450-8.016 of
this chapter.
(o) "Stationary source" or "source" means a facility which includes at
least one process as defined in 40 CFR 68.10 that is subject to federal risk
management program level 3 requirements and whose primary North American
Industry Classification System code (NAICS) is 324 (Petroleum and Coal
Products Manufacturing) or 325 (Chemical Manufacturing).
(p) "California accidental release prevention program" means the
documentation, development, implementation, and integration of management
systems by a facility to comply with the regulations set forth in California Code of
Regulations, Title 19, Division 2, Chapter 4.5.
(q) "Catastrophic release" means a major uncontrolled emission, fire,
or explosion, involving one or more highly hazardous chemicals, that presents
serious danger to employees in the workplace and/or the public. As used in this
section, "highly hazardous chemical" has the meaning ascribed to it in 29 CFR
1910.119(b) as of May 21, 2003.
(r) "Human factors" means a discipline concerned with designing
machines, operations, and work environments so that they match human
capabilities, limitations, and needs. "Human factors" can be further referred to as
environmental, organizational, and job factors, and human and individual
characteristics that influence behavior at work in a way that can affect health and
safety.
(s) "Human systems" means the systems, such as written and
unwritten policies, procedures, and practices, in effect to minimize the
existence/persistence of latent conditions at the stationary source. It also
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includes the broad area of safety culture of a stationary source to the extent that
it influences the actions of individuals or groups of individuals.
(t) “Layer of Protection Analysis” (LOPA) means a semi-quantitative
analysis of the risk of process hazards and the adequacy of safeguards against
those hazards.
(u) “Process hazard analysis” (PHA) means a qualitative, semi-
quantitative or quantitative analysis of a process, involving the identification of
individual hazards of a process, determination of the mechanisms by which
hazards could give rise to undesired events, and evaluation of the consequences
of these events on health, property and the environment.
(v) “Process safety performance indicators” are measurements of a
stationary source’s activities and other events that are used to evaluate the
performance of process safety systems. (Ords. 2014-07 § 4, 2006-22 § 4, 98-48
§ 2).
450-8.016 Stationary source safety requirements.
The stationary source shall submit a safety plan to the department within
one year of the effective date of the ordinance codified in this chapter or within
three years of the date a facility becomes a stationary source, that complies with
the provisions of this section and that includes the safety elements listed in
subsection (a) of this section. In addition, the stationary source shall comply with
the safety requirements set forth in subsections (a) through (e), (i) and (j) of this
section and shall include a description of the manner of compliance with these
subsections in the safety plan. A new covered process at an existing stationary
source shall comply with subsections (a) through (e), (i) and (j) of this section
prior to initial startup.
(a) Safety Program Elements. All covered processes shall be subject
to the safety program elements listed below. The safety plan shall include a
description of the manner in which these safety program elements listed below
shall be applied to the covered process. These safety program elements shall be
implemented in conformance with the California accidental release prevention
program and the safety plan shall follow Chapters 5, 7, 8 and 9 of the Contra
Costa County health services department CalARP program guidance document.
(1) Process Safety Information.
(A) The stationary source shall complete a compilation of written
process safety information before conducting any process hazard analysis as
required by this chapter. The compilation of written process safety information is
to enable the stationary source and the employees involved in operating the
covered process to identify and understand the hazards posed by the covered
process. This process safety information shall include information pertaining to
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the hazards of the regulated substances used or produced by the process,
information pertaining to the technology of the process, information pertaining to
the equipment in the process, and information pertaining to the hazards of the
regulated substances in the process.
(i) This information shall consist of at least the following: toxicity
information; permissible exposure limits; physical data; reactivity data; corrosivity
data; thermal and chemical stability data; and hazardous effects of inadvertent
mixing of different materials that could foreseeably occur.
(ii) Material safety data sheets meeting the requirements of Section
5189, Title 8 of California Code of Regulations may be used to comply with this
requirement to the extent they contain the information required by this
subsection.
(iii) Information pertaining to the technology of the process shall include
at least the following: a block flow diagram or simplified process flow diagram;
process chemistry; maximum intended inventory; safe upper and lower limits for
such items as temperatures, pressures, flows or compositions; and, an
evaluation of the consequences of deviations. Where the original technical
information no longer exists, such information may be developed in conjunction
with the process hazard analysis in sufficient detail to support the analysis.
(iv) Information pertaining to the equipment in the process shall include:
materials of construction; piping and instrument diagrams (P&ID's); electrical
classification; relief system design and design basis; ventilation system design;
design codes and standards employed; material and energy balances for
processes built after the compliance date of the ordinance codified in this
chapter; and safety systems (e.g., interlocks, detection or suppression systems).
(B) The stationary source shall document that equipment complies with
recognized and generally accepted good engineering practices.
(C) For existing equipment designed and constructed in accordance
with codes, standards, or practices that are no longer in general use, the
stationary source shall determine and document that the equipment is designed,
maintained, inspected, tested, and operating in a safe manner.
(2) Operating Procedures.
(A) The stationary source shall develop and implement written
operating procedures that provide clear instructions for safely conducting
activities involved in each covered process consistent with the process safety
information and shall address at least the following elements:
(i) Steps for each operating phase: initial startup; normal operations;
temporary operations; emergency shutdown, including the conditions under
which emergency shutdown is required, and the assignment of shutdown
responsibility to qualified operators to ensure that emergency shutdown is
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executed in a safe and timely manner; emergency operations; normal shutdown;
and, startup following a turnaround, or after an emergency shutdown.
(ii) Operating limits: consequences of deviation; and steps required to
correct or avoid deviation.
(B) Safety and Health Considerations. Properties of, and hazards
presented by, the chemicals used in the process; precautions necessary to
prevent exposure, including engineering controls, administrative controls, and
personal protective equipment; control measures to be taken if physical contact
or airborne exposure occurs; quality control for raw materials and control of
hazardous chemical inventory levels; and, any special or unique hazards.
(C) Safety systems and their functions.
(D) Operating procedures shall be readily accessible to employees who
work in or maintain a process.
(E) The operating procedures shall be reviewed as often as necessary
to assure that they reflect current operating practice, including changes that
result from changes in process chemicals, technology, and equipment, and
changes to stationary sources. The stationary source shall certify annually that
these operating procedures are current and accurate.
(F) The stationary source shall develop and implement safe work
practices to provide for the control of hazards during operations such as
lockout/tagout; confined space entry; opening process equipment or piping; and
control over entrance into a stationary source by maintenance, contractor,
laboratory, or other support personnel. These safe work practices shall apply to
employees and contractor employees.
(3) Employee Participation.
(A) The stationary source shall develop a written plan of action
regarding the implementation of the employee participation required by this
chapter.
(B) The stationary source shall consult with employees and their
representatives on the conduct and development of process hazards analyses
and on the development of the other elements of the safety program in this
chapter.
(C) The stationary source shall provide to employees and their
representatives access to process hazard analyses and to all other information
required to be developed under this chapter.
(4) Training. For each employee in such covered process:
(A) Initial Training. Each employee presently involved in operating a
covered process, and each employee before being involved in operating a newly
assigned covered process, shall be trained in an overview of the process and in
the operating procedures as specified in subsection (a)(2)(A) of this section. The
training shall include emphasis on the specific safety and health hazards,
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emergency operations including shutdown, and safe work practices applicable to
the employee's job tasks. In lieu of initial training for those employees already
involved in operating a process, an owner or operator may certify in writing that
the employee has the required knowledge, skills, and abilities to safely carry out
the duties and responsibilities as specified in the operating procedures.
(B) Refresher Training. Refresher training shall be provided at least
every three years, and more often if necessary, to each employee involved in
operating a covered process to assure that the employee understands and
adheres to the current operating procedures of the covered process. The
stationary source, in consultation with the employees involved in operating the
process, shall determine the appropriate frequency of refresher training.
(C) Training Documentation. The stationary source shall ascertain that
each employee involved in operating a process has received and understood the
training required by this section. The stationary source shall prepare a record
which contains the identity of the employee, the date of training, and the means
used to verify that the employee understood the training.
(5) Mechanical Integrity, Including the Use of Industry Codes,
Standards, and Guidelines.
(A) Application. Subsections (a)(5)(B) through (a)(5)(F) of this section
apply to the following process equipment: pressure vessels and storage tanks;
piping subsystems (including piping components such as valves); relief and vent
systems and devices; emergency shutdown systems; controls (including
monitoring devices and sensors, alarms, and interlocks) and pumps.
(B) Written Procedures. The stationary source shall establish and
implement written procedures to maintain the on-going integrity of process
equipment.
(C) Training for Process Maintenance Activities. The stationary source
shall train each employee involved in maintaining the on-going integrity of
process equipment in an overview of that process and its hazards and in the
procedures applicable to the employee's job tasks to assure that the employee
can perform the job tasks in a safe manner.
(D) Inspection and Testing.
(1) Inspections and tests shall be performed on process equipment.
Inspection and testing procedures shall follow recognized and generally accepted
good engineering practices. The frequency of inspections and tests of process
equipment shall be consistent with applicable manufacturers' recommendations
and good engineering practices, and more frequently if determined to be
necessary by prior operating experience. The stationary source shall document
each inspection and test that has been performed on process equipment. The
documentation shall identify the date of the inspection or test, the name of the
person who performed the inspection or test, the serial number or other identifier
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of the equipment on which the inspection or test was performed, a description of
the inspection or test performed, and the results of the inspection or test.
(E) Equipment Deficiencies. The stationary source shall correct
deficiencies in equipment that are outside acceptable limits (defined by the
process safety information in subsection (a)(1) of this section) before further use
or in a safe and timely manner when necessary means are taken to assure safe
operation.
(F) Quality Assurance. In the construction of new plants and
equipment, the stationary source shall assure that equipment as it is fabricated is
suitable for the process application for which they will be used. Appropriate
checks and inspections shall be performed to assure that equipment is installed
properly and consistent with design specifications and the manufacturer's
instructions. The stationary source shall assure that maintenance materials,
spare parts and equipment are suitable for the process application for which they
will be used.
(6) Management of Change.
(A) The stationary source shall establish and implement written
procedures to manage changes (except for "replacements in kind") to process
chemicals, technology, equipment, and procedures; and changes to stationary
sources that affect a covered process.
(B) The procedures shall assure that the following considerations are
addressed prior to any change: the technical basis for the proposed change;
impact of change on safety and health; modifications to operating procedures;
necessary time period for the change; and authorization requirements for the
proposed change. The procedures shall also require identification and analysis of
inherently safer systems as required by subsection (i) of this section.
(C) Employees involved in operating a process and maintenance and
contract employees whose job tasks will be affected by a change in the process
shall be informed of, and trained in, the change prior to startup of the process or
affected part of the process.
(D) If a change covered by this section results in a change in the
process safety information required by subsection (a)(1) of this section, such
information shall be updated accordingly.
(E) If a change covered by this section results in a change in the
operating procedures or practices required by subsection (a)(2) of this section,
such procedures or practices shall be updated accordingly.
(7) Pre-Startup Reviews.
(A) The stationary source shall perform a pre-startup safety review for
new stationary sources and for modified stationary sources when the
modification is significant enough to require a change in the process safety
information.
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(B) The pre-startup safety review shall confirm that prior to the
introduction of regulated substances to a covered process: construction and
equipment is in accordance with design specifications; safety, operating,
maintenance, and emergency procedures are in place and are adequate; for new
covered processes, a process hazard analysis has been performed and
recommendations have been resolved or implemented before startup; and
modified covered processes meet the requirements contained in management of
change, subsection (a)(6) of this section; and training of each employee involved
in operating a process has been completed.
(8) Compliance Audits.
(A) The stationary source shall certify that they have evaluated
compliance with the provisions of this section at least every three years to verify
that the procedures and practices developed under this chapter are adequate
and are being followed.
(B) The compliance audit shall be conducted by at least one person
knowledgeable in the process.
(C) A report of the findings of the audit shall be developed.
(D) The stationary source shall promptly determine and document an
appropriate response to each of the findings of the compliance audit, and
document that deficiencies have been corrected.
(E) The stationary source shall retain the two most recent compliance
audit reports.
(9) Incident Investigation.
(A) The stationary source shall investigate each incident which resulted
in, or could reasonably have resulted in a catastrophic release of a regulated
substance.
(B) An incident investigation shall be initiated as promptly as possible,
but not later than forty-eight hours following the incident.
(C) An incident investigation team shall be established and consist of at
least one person knowledgeable in the covered process involved, including a
contract employee if the incident involved work of the contractor, and other
persons with appropriate knowledge and experience to thoroughly investigate
and analyze the incident.
(D) A report shall be prepared at the conclusion of the investigation
which includes at a minimum: date of incident; date investigation began; a
description of the incident; the factors that contributed to the incident; and
recommendations resulting from the investigation. The written summary shall
indicate whether the cause of the incident and/or recommendations resulting
from the investigation are specific only to the process or equipment involved in
the incident, or are applicable to other processes or equipment at the stationary
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source. The incident investigation report shall be made available to the
department upon request.
(E) The stationary source shall establish a system to promptly address
and resolve the incident report findings and recommendations. As part of this
system, inherently safer systems shall be identified and analyzed as required by
subsection (i) of this section. Resolutions and corrective actions shall be
documented.
(F) The report shall be reviewed with all affected personnel whose job
tasks are relevant to the incident findings including contract employees where
applicable.
(G) Incident investigation reports shall be retained for five years.
(10) Hot Work.
(A) The stationary source shall issue a hot work permit for hot work
operations conducted on or near a covered process.
(B) The permit shall document that the fire prevention and protection
requirements in Section 5189 of Title 8 of California Code Regulations have been
implemented prior to beginning the hot work operations; it shall indicate the
date(s) authorized for hot work; and identify the object on which hot work is to be
performed. The permit shall be kept on file until completion of the hot work
operations.
(11) Contractors.
(A) Application. This section applies to contractors performing
maintenance or repair, turnaround, major renovation, or specialty work on or
adjacent to a covered process. It does not apply to contractors providing
incidental services which do not influence process safety, such as janitorial work,
food and drink services, laundry, delivery or other supply services.
(B) Stationary Source Responsibilities.
(i) The stationary source, when selecting a contractor, shall obtain and
evaluate information regarding the contract owner or operator's safety
performance and programs.
(ii) The stationary source shall inform contract owner or operator of the
known potential fire, explosion, or toxic release hazards related to the
contractor's work and the process.
(iii) The stationary source shall explain to the contract owner or
operator the applicable provisions of the emergency response program
subsection (a)(12) of this section.
(iv) The stationary source shall develop and implement safe work
practices consistent with subsection (a)(2) of this section to control the entrance,
presence, and exit of the contract owner or operator and contract employees in
covered process areas.
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(v) The stationary source shall periodically evaluate the performance of
the contract owner or operator in fulfilling their obligations as specified in
subsection (a)(11)(C) of this section.
(C) Contract Owner or Operator Responsibilities.
(i) The contract owner or operator shall assure that each contract
employee is trained in the work practices necessary to safely perform his/her job.
(ii) The contract owner or operator shall assure that each contract
employee is instructed in the known potential fire, explosion, or toxic release
hazards related to his/her job and the process, and the applicable provisions of
the emergency action plan.
(iii) The contract owner or operator shall document that each contract
employee has received and understood the training required by this section. The
contract owner or operator shall prepare a record which contains the identity of
the contract employee, the date of training, and the means used to verify that the
employee understood the training.
(iv) The contract owner or operator shall assure that each contract
employee follows the safety rules of the stationary source including the safe work
practices required by subsection (a)(2) of this section.
(v) The contract owner or operator shall advise the stationary source of
any unique hazards presented by the contract owner or operator's work, or of any
hazards found by the contract owner or operator's work.
(12) Emergency Response Program.
(A) The stationary source shall develop and implement an emergency
response program for the purpose of protecting public health and the
environment. Such program shall include the following elements:
(i) An emergency response plan, which shall be maintained at the
stationary source and contain at least the following elements: procedures for
informing the public and local emergency response agencies about accidental
releases, emergency planning, and emergency response; documentation of
proper first-aid and emergency medical treatment necessary to treat accidental
human exposures; and procedures and measures for emergency response after
an accidental release of a regulated substance;
(ii) Procedures for the use of emergency response equipment and for
its inspection, testing, and maintenance, including documentation of inspection,
testing, and maintenance;
(iii) Training for all employees in relevant procedures and the incident
command system; and
(iv) Procedures to review and update, as appropriate, the emergency
response plan to reflect changes at the stationary source and ensure that
employees are informed of changes.
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(B) A written plan that complies with other federal contingency plan
regulations or is consistent with the approach in the National Response Team's
Integrated Contingency Plan Guidance ("One Plan") and that, among other
matters, includes the elements provided in subsection (a)(12)(A) of this section,
shall satisfy the requirements of this section if the stationary source also
complies with subsection (a)(12)(C) of this section.
(C) The emergency response plan developed under this section shall
be coordinated with the community emergency response plan developed under
42 U.S.C. Section 11003. Upon request of the local emergency planning
committee or emergency response officials, the stationary source shall promptly
provide to the local emergency response officials information necessary for
developing and implementing the community emergency response plan.
(D) The stationary source whose employees will not respond to
accidental releases of regulated substances need not comply with subsections
(a)(12)(A) through (a)(12)(C) of this section provided that they meet the following:
(i) For stationary sources with any regulated toxic substance held in a
process above the threshold quantity, the stationary source is included in the
community emergency response plan developed under Section 11003 of Title 42
of the United States Code (USC); or
(ii) For stationary sources with only regulated flammable substances
held in a process above the threshold quantity the stationary source has
coordinated response actions with the local fire department; and
(iii) Appropriate mechanisms are in place to notify emergency
responders when there is a need for a response.
(13) Safety Program Management.
(A) The owner or operator of a stationary source subject to this chapter
shall develop a management system to oversee the implementation of the safety
program elements.
(B) The owner or operator shall assign a qualified person or position
that has the overall responsibility for the development, implementation, and
integration of the safety program elements.
(C) When responsibility for implementing individual requirements of this
chapter is assigned to persons other than the person identified under subsection
(a)(13)(B) of this section, the names or positions of these people shall be
documented and the lines of authority defined through an organization chart or
similar document.
(D) Process Safety Performance Indicators.
(i) No later than September 30, 2014, the department shall develop a
list of stationary source activities and other events to be measured by each
stationary source in order to evaluate the performance of process safety
systems. This list is the “Event List.” Each stationary source shall measure these
15
activities and other events and document the measurements. These documented
measurements are “common process safety performance indicators.” No later
than June 30 of each year after 2014, each stationary source will report to the
department the common process safety performance indicators recorded by the
stationary source in the prior calendar year. The department will include these
common process safety performance indicators in the annual performance
review and evaluation report required by Section 450-8.030 of this chapter.
(ii) The department shall review the Event List at least once every
three years to determine if it should be revised. If the department determines that
a new activity or other event will be added to the Event List, stationary sources
shall report to the department the new common process safety performance
indicator(s) by June 30 of the next year following the revision of the Event List.
(iii) No later than September 30, 2014, each stationary source shall
develop a list of site-specific activities and other events that it will measure in
order to evaluate the performance of its process safety systems. Each stationary
source shall document these site-specific process safety performance indicators
and make this documentation available to the department during an audit or
inspection and upon request.
(b) Human Factors Program.
(1) Stationary sources shall develop a written human factors program
that follows the human factors guidance document developed or adopted by the
department. The program shall be developed within one year following the
issuance of the Contra Costa County guidance documents, the effective date of
the ordinance codified in this section, or as otherwise allowed by this chapter,
whichever is later. The human factors program shall address:
(A) The inclusion of human factors in the process hazards analysis
process;
(B) The consideration of human systems as causal factors in the
incident investigation process for major chemical accidents or releases or for an
incident that could reasonably have resulted in a major chemical accident or
release;
(C) The training of employees in the human factors program;
(D) Operating procedures;
(E) Maintenance safe work practice procedures and maintenance
procedures for specialized equipment, piping, and instruments, no later than
June 30, 2011; and
(F) The requirement to conduct a management of change prior to
staffing changes for changes in permanent staffing levels/reorganization in
operations, maintenance, health and safety, or emergency response. This
requirement shall also apply to stationary sources using contractors in permanent
positions in operations and maintenance. Prior to conducting the management of
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change, the stationary source shall ensure that the job function descriptions are
current and accurate for the positions under consideration. Staffing changes that
last longer than ninety days are considered permanent. Temporary changes
associated with strike preparations shall also be subject to this requirement.
Employees and their representatives shall be consulted in the management of
change.
(2) Employees and their representatives shall participate in the
development of the written human factors program.
(3) The program shall include, but not be limited to, issues such as
staffing, shiftwork and overtime.
(4) A description of the human factors program subsections (b)(1)
through (b)(3) of this section shall be included in the safety plan prepared by the
stationary source.
(c) Root Cause Analysis and Incident Investigation.
(1) Stationary sources shall conduct a root cause analysis for each
major chemical accident or release which occurs after the effective date of the
ordinance codified in this chapter. Stationary sources shall periodically update
the department on facts related to the release or incident, and the status of a root
cause analysis conducted pursuant to this section, at meetings scheduled by the
department in cooperation with the stationary source. To the maximum extent
feasible, the department and the stationary source shall coordinate these
meetings with other agencies with jurisdiction over the stationary source. Within
thirty days of completing a root cause analysis performed pursuant to this
section, the stationary source shall submit to the department a final report
containing that analysis, including recommendations to be implemented to
mitigate against the release or incident reoccurring, if any, and a schedule for
completion of resulting recommendations. The stationary source shall also
comply with subsection (i)(1)(E) of this section if applicable. The department may
require the stationary source to submit written, periodic update reports at a
frequency not to exceed every thirty days until the final report is submitted. The
methodology of the root cause analysis shall be one of the methodologies
recognized by the Center for Chemical Process Safety or shall be reviewed by
the department to determine substantial equivalency.
(2) The department may elect to do its own independent root cause
analysis or incident investigation for a major chemical accident or release. If the
department elects to conduct a root cause analysis or incident investigation the
stationary source shall cooperate with the department by providing the following
access and information in a manner consistent with the safety of department and
stationary source personnel and without placing undue burdens on the operation
of the stationary source:
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(i) Allow the department to investigate the accident site and directly
related facilities such as control rooms, physical evidence and where practicable
the external and internal inspection of equipment;
(ii) Provide the department with pertinent documentation; and
(iii) Allow the department to conduct independent interviews of
stationary source employees, subject to all rights of the stationary source and
employees to be represented by legal counsel and/or management and union
representatives during such interviews. If in the course of the department's root
cause analysis or incident investigation access is required to areas of the
stationary source which in the judgment of the stationary source requires
personnel entering the area to use protective equipment and/or have specialized
training the department shall provide its personnel with such equipment and
training. To the maximum extent feasible, the department shall coordinate any
root cause analysis or incident investigation it conducts with investigations
conducted by other agencies with jurisdiction over the stationary source to
minimize the adverse impacts on the stationary source and/or its employees.
(3) No part of the conclusions, findings or recommendations of the root
cause analysis conducted by the department or stationary source, or incident
investigation conducted by the department, relating to any major chemical
accident or release or the investigation thereof shall be admitted as evidence or
used in any action or suit for damages arising out of any matter mentioned in
such report.
(4) If the department issues a root cause analysis report, the stationary
source shall comply with subsection (i)(1)(E) of this section if applicable.
(d) Process Hazard Analysis/Action Items.
(1) Process hazard analyses will be conducted for each of the covered
processes according to one of the following methods: What-If, Checklist, What-
If/Checklist, Hazard and Operability Study (HAZOP), Failure Mode and Effects
Analysis (FMEA), fault tree analysis or an appropriate equivalent methodology
approved by the department prior to conducting the process hazard analysis. The
process hazard analysisPHA shall be appropriate to the complexity of the
covered process and shall identify, evaluate, and control the hazards involved in
the covered process. The process hazard analysisPHA shall address: the
hazards of the process; the identification of any previous incident which had a
likely potential for catastrophic consequences; engineering and administrative
control applicable to the hazards and their interrelationships such as appropriate
application of detection methodologies to provide early warning of releases
(acceptable detection methods might include process monitoring and control
instrumentation with alarms, and detection hardware such as hydrocarbon
sensors); consequences of failure of engineering and administrative controls;
covered process and stationary source siting; human factors; and a qualitative
18
evaluation of a range of the possible safety and health effects of failure of
controls. PHAsProcess hazard analyses should also include consideration of
external events except for seismic analyses, which are only required when
criteria listed in subsection (d)(2) of this section are satisfied. All process hazard
analyses shall be performed by a team with expertise in engineering and process
operations, and the team shall include at least one employee who has
experience and knowledge specific to the process being evaluated. Also, one
member of the team must be knowledgeable in the specific process hazard
analysisPHA methodology being used.
(2) The process hazard analyses shall be conducted within one year of
the effective date of the ordinance codified in this chapter and no later than the
submittal date of the safety plan. Previously completed process hazard analyses
that comply with the California Code of Regulations, Title 8, Section 5189, and/or
the California Code of Regulations, Title 19, Section 2760.2 are acceptable for
the purposes of this chapter. Process hazard analyses shall be updated and
revalidated at least once every five years after completion of the initial process
hazard analysis. Updated and revalidated process hazard analyses completed to
comply with the California Code of Regulations, Title 8, Section 5189, and/or the
California Code of Regulations, Title 19, Section 2760 are acceptable for meeting
the update and revalidation requirement. Seismic events shall be considered for
processes containing a substance defined in the California Code of Regulations,
Title 19, Chapter 4.51, Section 2770.5, if the distance to the nearest public
receptor for a worst case release scenario specified by the California Code of
Regulations, Title 19, Chapter 4.5, Section 2750.3 is within the distance to a toxic
or flammable endpoint as defined in California Code of Regulations, Title 19,
Chapter 4.5, Section 2750.2(a).
(3) For all covered processes, the stationary source shall consider the
use of inherently safer systems in the development and analysis of mitigation
items resulting from a process hazard analysis and in the design and review of
new processes and facilities. The stationary source shall select and implement
inherently safer systems to the greatest extent feasible. If a stationary source
concludes that an inherently safer system is not feasible, the basis for this
conclusion shall be documented in meaningful detail.
(43) For all covered processes, the stationary source shall document the
decision made to implement or not implement all process hazard analysisPHA
recommended action items and the results of recommendations for additional
study. The stationary source shall complete recommended actions from the initial
PHA'sPHA and from PHA revalidations, identified by the process hazard analysis
and selected for implementation by the stationary source as follows: all actions
not requiring a process shutdown shall be completed within one year after
submittalthe completion of the safety planPHA; all actions requiring a process
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shutdown shall be completed during the first regularly scheduled turnaround of
the applicable process subsequent to one year after submittalthe completion of
the safety planPHA unless the stationary source demonstrates to the satisfaction
of the department that such a schedule is infeasible. For recommended actions
not selected for implementation, the stationary source shall include the
justification for not implementing the recommended action. For all covered
processes, the stationary source shall retain documentation of closure, and any
associated justifications, of actions identified by the process hazard
analysis.PHA. The stationary source shall communicate the actions to operating,
maintenance, and other employees whose work assignments are in the process
and who may be affected by the recommendations or actions.
(e) Accident History.
(1) The stationary source shall include an accident history in the safety
plan of all major chemical accidents or releases from June 1, 1992, through the
date of safety plan submittal to the department. For each major chemical
accident or release the stationary source shall report the following information, to
the extent known:
Date, time and approximate duration of the release;
Chemicals released;
Estimated quantity released in pounds;
Type of release event and its source;
Weather conditions at the time of the release;
On-site impacts;
Known off-site impacts;
Initiating event and contributing factors;
Root cause(s);
Whether off-site responders were notified; and
Operational or process changes that resulted from the investigation of the
release.
(2) The stationary source shall annually submit a report of the accident
history to the department. The first report shall be due two years after the
effective date of the ordinance codified in this chapter, and subsequent reports
shall be due by June 30th of each year.
(f) Certification. The owner or operator shall submit in the safety plan a
single certification that, to the best of the signer's knowledge, information, and
belief formed after reasonable inquiry, the information submitted is true, accurate,
and complete.
(g) Security and Vulnerability Assessment. Each stationary source
shall perform and document a security and vulnerability assessment as defined
in the Contra Costa County CalARP program guidance document, by June 30,
2007, and at least once every five years after the initial assessment, or as
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prescribed by federal regulation. The stationary source shall document its
process for assuring that recommendations are addressed.
(h) Safety Culture Assessment. The stationary source shall conduct a
safety culture assessment. The assessment shall be based upon a method listed
in the Contra Costa County CalARP program guidance document or shall be
reviewed by the department to determine substantial equivalency. The initial
assessment shall be performed by one year following the revisions to the
Industrial Safety Ordinance guidance document that addresses the safety culture
assessment, and at least once every five years thereafter. The safety culture
assessment will be reviewed during the audit and inspection of the stationary
source. The department may perform its own safety culture assessment after a
major chemical accident or release or the occurrence of any incident that could
reasonably have led to a major chemical accident or release, or based on
department audit results of the stationary source.
(i) Inherently Safer Systems Analysis.
(1) A stationary source shall conduct an inherently safer systems
analysis (ISSA) for each covered process as follows:
(A) The stationary source shall conduct an ISSA on existing covered
processes every five years.
(B) The stationary source shall conduct an ISSA in the development
and analysis of recommended action items identified in a PHA.
(C) Effective September 30, 2014, whenever a major change is
proposed at a facility that could reasonably result in a major chemical accident or
release, the stationary source shall conduct an ISSA as part of a Management of
Change review required by subsection (a)(6)(B) of this section.
(D) If an incident occurs on or after September 30, 2014, an
investigation of the incident is conducted pursuant to subsection (a)(9)(A) of this
section and the incident investigation report recommends a major change that
could reasonably result in a major chemical accident or release, the stationary
source shall commence and complete an ISSA of the recommended major
change as soon as administratively practicable after completion of the incident
investigation report.
(E) If an incident occurs on or after September 30, 2014, a root cause
analysis of the incident is conducted as required by subsections (c)(1) or (c)(2) of
this section, and the root cause analysis report or an associated incident
investigation report recommends a major change that could reasonably result in
a major chemical accident or release, the stationary source shall commence and
complete an ISSA of the recommended major change as soon as
administratively practicable after completion of the root cause analysis report.
(F) The stationary source shall conduct an ISSA during the design of
new processes, process units and facilities. Immediately upon completion of the
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ISSA report referred to in subsection (i)(2) of this section, the stationary source
shall advise the department of the availability of the ISSA report.
(2) The stationary source shall prepare a written report documenting
each ISSA within thirty days of completion of the ISSA and make the report
available to the department during an audit or inspection and upon request. The
ISSA report must contain, at a minimum, the following information:
(A) Identification and a description of the inherently safer system(s)
analyzed in the ISSA;
(B) A description of the methodology used to analyze the inherently
safer systems(s);
(C) The conclusions of the analysis;
(D) The rationale for the conclusions; and
(E) An action plan, including a timeline to implement the inherently
safer system(s) recommended in the ISSA.
(3) The stationary source shall select and implement each inherently
safer system identified in an ISSA report to the greatest extent feasible and as
soon as administratively practicable. If a stationary source concludes that
implementation of an inherently safer system is not feasible, the stationary
source shall document the basis for this conclusion in meaningful detail. The
documentation shall include sufficient evidence to demonstrate to the
department’s satisfaction that implementing the inherently safer system is not
feasible and the reasons for this conclusion. A claim that implementation of an
inherently safer system is not feasible shall not be based solely on evidence of
reduced profits or increased costs.
(j) Safeguard Protection Analysis.
(1) Effective September 30, 2014, a stationary source shall conduct a
Layer of Protection Analysis or an alternative type of analysis approved by the
department that uses a quantitative, qualitative or equivalent semi-quantitative
method to determine the effectiveness of existing safeguards and safeguards
recommended in a PHA to reduce the probability and/or severity of a
catastrophic release. The safeguard protection analysis may be a standalone
analysis or incorporated within a PHA.
(2) The stationary source shall complete the safeguard protection
analysis no later than June 30, 2019. A safeguard protection analysis that was
completed by a stationary source within five years prior to June 30, 2019, in
accordance with the standards set forth in subsection (j)(1) of this section, will be
deemed to comply with this requirement. The stationary source shall update and
revalidate the safeguard protection analysis at least once every five years.
(3) All safeguard protection analyses shall be performed by a team
with expertise in engineering and process operations. The team shall include at
least one employee who has experience and knowledge specific to the
22
safeguards and one member who is knowledgeable about the specific safeguard
protection analysis method used.
(4) The stationary source shall prepare a written report that
documents the safeguard protection analysis in accordance with the standard of
practice applicable to the type of analysis conducted. The stationary source will
complete the report within thirty days after the completion of the safeguard
protection analysis and make the report available to the department during an
audit or inspection and upon request. (Ords. 2014-07 § 5, 2006-22 § 5, 2000-20
§ 1, 98-48 § 2).
450-8.018 Review, audit and inspection.
(a) Upon submission of a safety plan by the stationary source, the
department shall review the safety plan to determine if all the elements required
by Section 450-8.016 of this chapter are included and complete. The department
shall provide to the stationary source a written notice of deficiencies, if any. The
stationary source shall have sixty calendar days from receipt of the notice of
deficiencies to make any corrections. The stationary source may request, in
writing, a one-time thirty-day calendar day extension to correct deficiencies. By
the end of the sixty calendar days or any extension period, the stationary source
shall resubmit the revised safety plan to the department. After the department
determines that the safety plan is complete, the department shall schedule a
public meeting on the stationary source's safety plan to explain its contents to the
public and take public comments. Public comments on the safety plan shall be
taken by the department for a period of forty-five days after the safety plan is
made available to the public. The department shall schedule a public meeting on
the stationary source's safety plan during the forty-five day comment period. The
public meetings shall be held in the affected community on evenings or
weekends. The department shall respond in writing to all written comments
received during the forty-five day comment period and to all oral comments
received and not addressed at the public meeting. The department shall make
portions of the safety plan, which are not protected trade secret information,
available to the public for the public meeting.
(b)(1) The department shall, within one year of the submission of the
stationary source's safety plan, conduct an initial audit and inspection of the
stationary source's safety program to determine compliance with this chapter.
Based upon the department's review of the safety plan and the audit and
inspection of the stationary source, the department may require modifications or
additions to the safety plan submitted by the stationary source, or safety program
to bring the safety plan or safety program into compliance with the requirements
of this chapter. Any determination that modifications or additions to the safety
23
plan or safety program are required shall be in writing, collectively referred to as
the "preliminary determination." The preliminary determination shall explain the
basis for the modifications or additions required to bring the safety plan or safety
program into compliance with the requirements of this chapter and provide a
timetable for resolution of the recommendations. The preliminary determination
shall be mailed to the stationary source.
(2) The stationary source shall respond in writing to the preliminary
determination issued by the department. The response shall state that the
stationary source will incorporate into the safety plan or safety program the
revisions contained in the preliminary determination or shall state that the
stationary source rejects the revisions; in whole or in part. For each rejected
revision, the stationary source shall explain the basis for rejecting such revision.
Such explanation may include substitute revisions.
(3) The stationary source's written response to the department's
preliminary determination shall be received by the department within ninety days
of the issuance of the preliminary determination or such shorter time as the
department specifies in the preliminary determination as being necessary to
protect public health and safety. Prior to the written response being due and
upon written request from the stationary source, the department may provide, in
writing, additional time for the response to be received.
(4) After receiving the written response from the stationary source, the
department shall issue a public notice pursuant to the department's public
participation policy and make portions of the safety plan, the preliminary
determination and the stationary source's responses, which are not protected
trade secret information, available for public review. Public comments on the
safety plan shall be taken by the department for a period of forty-five days after
the safety plan, the preliminary determination and the stationary source's
responses are made available to the public. The department shall schedule a
public meeting on the stationary source's safety plan during the forty-five day
comment period. The public meetings shall be held in the affected community on
evenings or weekends. The department shall respond in writing to all written
comments received during the forty-five day comment period and to all oral
comments received and not addressed at the public meeting.
(c) Based upon the department's preliminary determination, review of
the stationary source's responses and review of public comments on the safety
plan, the preliminary determination and the stationary source's responses, the
department may require modifications or additions to the safety plan submitted
by the stationary source or safety program to bring the safety plan or safety
program into compliance with the requirements of this chapter. Any determination
that modifications or additions to the safety plan or safety program are required,
and any determination that no modifications or additions to the safety plan or
24
safety program are required shall be in writing (collectively referred to as "final
determination"), shall be mailed to the stationary source and shall be made
available to the public. A copy of the final determination report will be sent to
Cal/OSHA, EPA and the local fire department that has oversight of the stationary
source. The department may not include in a final determination any
requirements to a safety plan or safety program that would cause a violation of,
or conflict with, any state or federal law or regulation or a violation of any permit
or order issued by any state or federal agency.
(d) Within thirty days of the department's final determination, the
stationary source and/or any person may appeal the final determination to the
board of supervisors pursuant to Chapter 14-4 of this code by a verified written
notice of appeal filed with the clerk of the board of supervisors and payment of
the applicable appeal fee. The appeal must be limited to issues raised during the
public comment period. The notice shall state the grounds for any such appeal,
including (i) the reasoning that the appeal is necessary because the stationary
source is in compliance with this chapter, or (ii) the reasoning that the appeal is
necessary to bring the stationary source into compliance with this chapter. In
acting on the appeal, the board shall have the same authority over the final
determination as the department. The board may require modifications or
additions to the safety plan or safety program to bring the safety plan or safety
program into compliance with the requirements of this chapter. The board may
not include in its decision on the final determination any requirements to a safety
plan or safety program that would cause a violation of, or conflict with, any state
or federal law or regulation or a violation of any permit or order issued by any
state or federal agency. The decision of the board of supervisors shall be final
with respect to the final determination.
(e) The safety plan shall be valid for a period of three years from the
date of receipt by the department and shall be reviewed and updated by the
stationary source every three years pursuant to the requirements of this chapter.
Any revisions to the safety plan as a result of the review and update shall be
submitted to the department and shall be subject to the provisions of this section.
(f) The department may, within thirty days of a major chemical
accident or release, initiate a safety inspection to review and audit the stationary
source's compliance with the provisions of Section 450-8.016 of this chapter. The
department shall review and audit the stationary source's compliance with the
provisions of Section 450-8.016 of this chapter at least once every three years.
The department may audit the stationary source based upon any of the following
criteria: accident history of the stationary source, accident history of other
stationary sources in the same industry, quantity of regulated substances present
at the stationary source, location of the stationary source and its proximity to the
public and environmental receptors, the presence of specific regulated
25
substances, the hazards identified in the safety plan, a plan for providing neutral
and random oversight, or a complaint from the stationary source's employee(s) or
their representative. The stationary source shall allow the department to conduct
these inspections and audits. The department, at its option, may select an
outside consultant to assist in conducting such inspection.
(g) Within thirty days of a major chemical accident or release the
department may commence an incident safety inspection with respect to the
process involved in the incident pursuant to the provisions of Section 450-
8.016(c) of this chapter.
(h)(1) Based upon the department's audit, safety inspection or an incident
inspection, the department may require modifications or additions to the safety
plan submitted by the stationary source or safety program to bring the safety plan
or safety program into compliance with the requirements of this chapter. Any
determination by the department shall be in writing and shall be mailed to the
stationary source (referred to as the "notice of findings"). The stationary source
shall have sixty calendar days from receipt of the notice of findings to make any
corrections. The stationary source may request, in writing, a one-time thirty-day
calendar day extension to make corrections. The department may not include in
its notice of findings requirements to a safety plan or safety program that would
cause a violation of, or conflict with, any state or federal law or regulation or a
violation of any permit or order issued by any state or federal agency. The notice
of findings made by the department will be available to the public.
(2) Within thirty days of the department's notice of findings, the
stationary source and/or any person may appeal the notice of findings to the
board of supervisors pursuant to Chapter 14-4 of this code by a verified written
notice of appeal filed with the clerk of the board of supervisors and payment of
the applicable appeal fee. The appeal must state the grounds for any such
appeal, including (i) the reasoning that the appeal is necessary because the
stationary source is in compliance with this chapter, or (ii) the reasoning that the
appeal is necessary to bring the stationary source into compliance with this
chapter. In acting on the appeal, the board shall have the same authority over the
notice of findings as the department. The board may require modifications or
additions to the safety plan or safety program to bring the safety plan or safety
program into compliance with the requirements of this chapter. The board may
not include in its decision on the notice of findings any requirements to a safety
plan or safety program that would cause a violation of, or conflict with, any state
or federal law or regulation or a violation of any permit or order issued by any
state or federal agency. The decision of the board of supervisors shall be final
with respect to the notice of findings.
(i) Nothing in this section shall preclude, limit, or interfere in any way
with the authority of the county to exercise its enforcement, investigatory, and
26
information gathering authorities under any other provision of law nor shall
anything in the chapter effect or diminish the rights of the stationary source to
claim legal privileges such as attorney client privilege and/or work product with
respect to information and/or documents required to be submitted to or reviewed
by the department. (Ords. 2014-07 § 6, 2006-22 § 6, 98-48 § 2).
450-8.020 Trade secret.
The disclosure of any trade secret information required by this chapter
shall be governed by California Health and Safety Code Section 25538, as
amended from time to time, or as otherwise protected or required by law. (Ord.
98-48 § 2).
450-8.022 Hazardous materials ombudsperson.
The department shall continue to employ an ombudsperson for hazardous
materials programs. The ombudsperson will serve as a single point of contact for
people who live or work in Contra Costa County regarding environmental health
concerns, questions, and complaints about hazardous materials programs. The
ombudsperson will be empowered to identify and solve problems and make
recommendations to the department. The ombudsperson's role will be one of
investigating concerns and complaints, facilitating their resolution and assisting
people in gathering information about programs, procedures, or issues. The
ombudsperson may retain appropriate technical experts in order to fulfill technical
assistance requests from members of the public. The cost of experts may be
funded through programs established by the U.S. EPA or other appropriate
entities. (Ords. 2000-20 § 2, 98-48 § 2).
450-8.024 Public information bank.
The department shall collect and provide ready access, including the use
of electronic accessibility as reasonably available, to public documents which are
relevant to the goals of this chapter, including at a minimum, business plan
inventories and emergency response plans, risk management plans, safety
plans, and department incident reports. This section shall not apply to trade
secret information or other information protected from disclosure under federal or
state law. The public information bank shall be completed by December 31,
2000. (Ord. 98-48 § 2).
27
450-8.026 Fees.
The department may, upon a majority vote of the board of supervisors,
adopt a schedule of fees to be collected from each stationary source subject to
the requirements of this chapter. Any review, inspection, audit fee schedule shall
be set in an amount sufficient to pay only those costs reasonably necessary to
carry out the requirements of this chapter, including costs of staff and/or
consultant time or public hearings and administrative overhead. The fee schedule
shall include the cost of the ombudsperson position. (Ord. 98-48 § 2).
450-8.028 Penalties.
Regardless of the availability of other civil or administrative remedies and
procedures for enforcing this chapter, every act or condition prohibited or
declared unlawful by this chapter, and every knowing or wilful failure or omission
to act as required herein, is a violation of this code and shall be punishable
and/or subject to enforcement pursuant to the provisions of Chapter 14-67 of the
County Ordinance Code specifically including but not limited to Article 14-6.4
(public nuisance), and Article 14-8 (criminal enforcement), as misdemeanors or
infractions. (Ord. 98-48 § 2).
450-8.030 Annual performance review and evaluation.
(a) The department shall annually: (1) review its activities to implement
this chapter, and (2) evaluate the effectiveness of this chapter in achieving its
purpose and goals pursuant to Section 450-8.004 of this chapter.
(b) An annual performance review and evaluation report shall be
prepared by the department based upon the previous fiscal year's activities and
shall be submitted to the board of supervisors on or before October 31, 2000 and
each year thereafter. The report shall contain:
(1) A brief description of how the department is meeting the
requirements of this chapter as follows: (i) effectiveness of the department's
program to ensure stationary source compliance with this chapter; (ii)
effectiveness of the procedures for records management; (iii) number and type of
audits and inspections conducted by the department pursuant to this chapter; (iv)
number of root cause analyses and/or incident investigations conducted by the
department; (v) the department's process for public participation; (vi)
effectiveness of the public information bank, including status of electronic
accessibility; (vii) effectiveness of the hazardous materials ombudsperson; (viii)
other required program elements necessary to implement and manage this
chapter.
28
(2) A listing of all stationary sources covered by this chapter, including
for each: (i) the status of the stationary source's safety plan and program; (ii) a
summary of all stationary source safety plan updates and a listing of where the
safety plans are publicly available; (iii) the annual accident history report
submitted by the stationary source pursuant to Section 450-8.016(e)(2) of this
chapter; (iv) a summary, including the status, of any root cause analyses
conducted or being conducted by the stationary source and required by this
chapter, including the status of implementation of recommendations; (v) a
summary, including the status, of any audits, inspections, root cause analyses
and/or incident investigations conducted or being conducted by the department
pursuant to this chapter, including the status of implementation of
recommendations; (vi) description of inherently safer systems implemented by
the stationary source; and (vii) legal enforcement actions initiated by the
department, including administrative, civil, and criminal actions pursuant to this
chapter; and (viii) process safety performance indicators reported by the
stationary source as required under Section 450-8.016(a)(13)(D)(i) of this
chapter.
(3) Total penalties assessed as a result of enforcement of this chapter.
(4) Total fees, service charges, and other assessments collected
specifically for the support of this chapter.
(5) Total personnel and personnel years utilized by the jurisdiction to
directly implement or administer this chapter.
(6) Comments from interested parties regarding the effectiveness of
the local program that raise public safety issues.
(7) The impact of the chapter in improving industrial safety.
(c) The department shall provide a copy of the annual performance
audit submission required by Title 19 Chapter 4.5 Section 2780.5 of the
California Code of Regulations to the board of supervisors on or before October
31st of each year. (Ords. 2014-07 § 7, 2006-22 § 7, 98-48 § 2).
450-8.032 Construction.
Notwithstanding any other provision of this code and for the purposes of this
chapter wherever it provides that the department shall act, such direction in all
instances shall be deemed and is directory, discretionary and permissive and not
mandatory. (Ord. 98-48 § 2).
H:\Final\Health Services\HazMat\ISO\ISOChangesRedlinedFromOriginal.FINAL.5.6.14.docx
29
ORDINANCE NO. 2014-07
(Amendments to Ordinance Code Chapter 450-8, on Industrial Safety)
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION I. SUMMARY. This ordinance amends specified sections of County Ordinance
Code Chapter 450-8 to impose additional measures to improve industrial safety. This ordinance
amends County Ordinance Code Chapter 450-8 by: (1) amending section 450-8.004 to broaden
specified goals of the regulations set forth in Chapter 450-8; (2) amending section 450-8.014 to
clarify the definition of “major chemical accident or release” and add definitions of “Layer of
Protection Analysis,” “process hazard analysis” and “process safety performance indicators”; (3)
amending section 450-8.016 by requiring the use of process safety performance indicators in the
evaluation of performance of process safety systems, requiring a stationary source to conduct and
document an inherently safer systems analysis (a) every five years for existing covered
processes, (b) in the development and analysis of recommended action items identified in a
process hazard analysis, (c) as part of a management of change review, whenever a major change
is proposed at a facility that could reasonably result in a major chemical accident or release, (d)
when an incident investigation report recommends a major change that could reasonably result in
a major chemical accident or release, (e) when a root cause analysis report recommends a major
change that could reasonably result in a major chemical accident or release, and (f) during the
design of new processes, process units and facilities, requiring inherently safer systems to be
implemented to the greatest extent feasible and as soon as administratively practicable, and
requiring a stationary source to conduct and document a safeguard protection analysis no later
than June 30, 2019, and every five years thereafter, (4) amending section 450-8.018 to require
final determination reports regarding a stationary source’s safety plan or safety program to be
provided to specified agencies; and (5) amending section 450-8.030 by adding process safety
performance indicators to the required contents of the annual performance review and evaluation
report that is provided to the board of supervisors. This ordinance also makes various clarifying,
administrative, and other non-substantive changes to section 450-8.016.
SECTION II. AUTHORITY. This ordinance is adopted pursuant to Article 11, section 7 of
the California Constitution.
SECTION III. Section 450-8.004 of the County Ordinance Code is amended to read:
450-8.004 Purpose and Goals. (a) The purpose of this chapter is to impose regulations
which improve industrial safety by:
(1) Requiring the conduct of process hazard analyses for covered processes handling
hazardous materials not covered by the federal or state accidental release prevention programs;
(2) Requiring the review of action items resulting from process hazard analyses and
requiring completion of those action items selected by the stationary source for implementation
within a reasonable time frame;
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ORDINANCE NO. 2014-07
(3) Requiring the review of accidental release prevention efforts of stationary sources
and providing for the conduct of investigations and analyses for the determination of the root
cause for certain incidents;
(4) Providing review, inspection, auditing and safety requirements that are more
stringent than those required in existing law and regulations;
(5) Providing for public input into the safety plan and safety program and public
review of any inspection and audit results;
(6) Facilitating cooperation between industry, the county, local fire departments,
Cal/OSHA, EPA, other agencies that have oversight of refineries, and the public in the
prevention and reduction of incidents at stationary sources;
(7) Expanding the application of certain provisions of the federal and state accidental
release prevention programs to processes not covered by the federal or state accidental release
prevention programs;
(8) Verifying that an approved security and vulnerability study is performed, and that
the recommendations are addressed within a reasonable time frame;
(9) Requiring the development and implementation of a written human factors
program; and
(10) Preventing and reducing the number, frequency, and severity of accidental
releases in the county to the greatest extent feasible.
(Ords. 2014-07 § 3, 2006-22 § 2, 98-48 § 2).
SECTION IV. Section 450-8.014 of the County Ordinance Code is amended to read:
450-8.014 Definitions. For purposes of this chapter, the definitions set forth in this
section shall apply. Words used in this chapter not defined in this section shall have the
meanings ascribed to them in the Clean Air Act Regulations (40 CFR Section 68.3) and in
California Health and Safety Code Article 2 (Section 25531 et seq.) of Chapter 6.95, unless the
context indicates otherwise.
(a) "Covered process" means any process at a stationary source.
(b) "Department" means the Contra Costa County health services director and any
director authorized deputies.
(c) "Feasible" means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, environmental, legal, social, and
technological factors.
(d) "Hazard category A materials" are substances which meet the hazard category A
material definition as set forth in Section 84-63.1016 of this code.
(e) "Hazard category B materials" are substances which meet the hazard category B
material definition as set forth in Section 84-63.1016 of this code.
(f) "Industry codes, standards, and guidelines" means the edition of the codes,
standards, and guidelines in effect at the time of original design or construction for the design,
construction, alteration, maintenance or repair of process units, industrial equipment, or other
industrial facilities, structures or buildings published by, but not limited to, the American
Petroleum Institute (API), the American Chemistry Council (ACC), the American Society of
Mechanical Engineers (ASME) or the American National Standards Institute (ANSI), and meets
recognized and generally accepted good engineering practices (RAGAGEP).
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ORDINANCE NO. 2014-07
(g) "Inherently safer systems" means "inherently safer design strategies" as discussed
in the latest edition of the Center for Chemical Process Safety Publication "Inherently Safer
Chemical Processes," and means feasible alternative equipment, processes, materials, lay-outs,
and procedures meant to eliminate, minimize, or reduce the risk of a major chemical accident or
release by modifying a process rather than adding external layers of protection. Examples
include, but are not limited to, substitution of materials with lower vapor pressure, lower
flammability, or lower toxicity; isolation of hazardous processes; and use of processes which
operate at lower temperatures and/or pressures.
(h) "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 the
department; or results in the release of a regulated substance and meets one or more of the
following criteria:
(1) Results in one or more fatalities;
(2) Results in at least twenty-four hours of hospital treatment of each of at least three
persons;
(3) Causes on- and/or off-site property damage (including clean-up and restoration
activities) initially estimated at five hundred thousand dollars or more. On-site estimates shall be
performed by the stationary source. Off-site estimates shall be performed by appropriate
agencies and compiled by the department;
(4) Results in a vapor cloud of flammables and/or combustibles that is more than five
thousand pounds.
(i) "Regulated substance" means (1) any chemical substance which satisfies the
provisions of California Health and Safety Code Section 25532(g), as amended from time to
time, or (2) a substance which satisfies the provisions of hazard categories A or B in Section 84-
63.1016 of this code. Mixtures containing less than one percent of a regulated substance shall not
be considered in the determination of the presence of a regulated material.
(j) "Risk management program" means the documentation, development,
implementation, and integration of management systems by the facility to comply with the
regulations set forth in 40 CFR, Part 68 and the California Health and Safety Code, Article 2,
commencing with Section 25531.
(k) "RMP" means the risk management plan required to be submitted pursuant to the
requirements of the 40 CFR Section 68.150-68.185 and the California Health and Safety Code
Article 2 (Section 25531 et seq.) of Chapter 6.95.
(l) "Root cause" means prime reasons, such as failures of some management
systems, that allow faulty design, inadequate training, or improper changes, which lead to an
unsafe act or condition, and result in an incident. If root causes were removed, the particular
incident would not have occurred.
(m) "Safety plan" means the safety plan required to be submitted to the department
pursuant to the requirements of Section 450-8.016 of this chapter.
(n) "Safety program" means the documentation, development, implementation, and
integration of management systems by the stationary source to comply with the safety
requirements set forth in Section 450-8.016 of this chapter.
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ORDINANCE NO. 2014-07
(o) "Stationary source" or "source" means a facility which includes at least one
process as defined in 40 CFR 68.10 that is subject to federal risk management program level 3
requirements and whose primary North American Industry Classification System code (NAICS)
is 324 (Petroleum and Coal Products Manufacturing) or 325 (Chemical Manufacturing).
(p) "California accidental release prevention program" means the documentation,
development, implementation, and integration of management systems by a facility to comply
with the regulations set forth in California Code of Regulations, Title 19, Division 2, Chapter
4.5.
(q) "Catastrophic release" means a major uncontrolled emission, fire, or explosion,
involving one or more highly hazardous chemicals, that presents serious danger to employees in
the workplace and/or the public. As used in this section, "highly hazardous chemical" has the
meaning ascribed to it in 29 CFR 1910.119(b) as of May 21, 2003.
(r) "Human factors" means a discipline concerned with designing machines,
operations, and work environments so that they match human capabilities, limitations, and needs.
"Human factors" can be further referred to as environmental, organizational, and job factors, and
human and individual characteristics that influence behavior at work in a way that can affect
health and safety.
(s) "Human systems" means the systems, such as written and unwritten policies,
procedures, and practices, in effect to minimize the existence/persistence of latent conditions at
the stationary source. It also includes the broad area of safety culture of a stationary source to the
extent that it influences the actions of individuals or groups of individuals.
(t) “Layer of Protection Analysis” (LOPA) means a semi-quantitative analysis of the
risk of process hazards and the adequacy of safeguards against those hazards.
(u) “Process hazard analysis” (PHA) means a qualitative, semi-quantitative or
quantitative analysis of a process, involving the identification of individual hazards of a process,
determination of the mechanisms by which hazards could give rise to undesired events, and
evaluation of the consequences of these events on health, property and the environment.
(v) “Process safety performance indicators” are measurements of a stationary
source’s activities and other events that are used to evaluate the performance of process safety
systems.
(Ords. 2014-07 § 4, 2006-22 § 4, 98-48 § 2).
SECTION V. Section 450-8.016 of the County Ordinance Code is amended to read:
450-8.016 Stationary source safety requirements. The stationary source shall
submit a safety plan to the department within one year of the effective date of the ordinance
codified in this chapter or within three years of the date a facility becomes a stationary source,
that complies with the provisions of this section and that includes the safety elements listed in
subsection (a) of this section. In addition, the stationary source shall comply with the safety
requirements set forth in subsections (a) through (e), (i) and (j) of this section and shall include a
description of the manner of compliance with these subsections in the safety plan. A new
covered process at an existing stationary source shall comply with subsections (a) through (e), (i)
and (j) of this section prior to initial startup.
(a) Safety Program Elements. All covered processes shall be subject to the safety
program elements listed below. The safety plan shall include a description of the manner in
4
ORDINANCE NO. 2014-07
which these safety program elements listed below shall be applied to the covered process. These
safety program elements shall be implemented in conformance with the California accidental
release prevention program and the safety plan shall follow Chapters 5, 7, 8 and 9 of the Contra
Costa County health services department CalARP program guidance document.
(1) Process Safety Information.
(A) The stationary source shall complete a compilation of written process safety
information before conducting any process hazard analysis as required by this chapter. The
compilation of written process safety information is to enable the stationary source and the
employees involved in operating the covered process to identify and understand the hazards
posed by the covered process. This process safety information shall include information
pertaining to the hazards of the regulated substances used or produced by the process,
information pertaining to the technology of the process, information pertaining to the equipment
in the process, and information pertaining to the hazards of the regulated substances in the
process.
(i) This information shall consist of at least the following: toxicity information;
permissible exposure limits; physical data; reactivity data; corrosivity data; thermal and chemical
stability data; and hazardous effects of inadvertent mixing of different materials that could
foreseeably occur.
(ii) Material safety data sheets meeting the requirements of Section 5189, Title 8 of
California Code of Regulations may be used to comply with this requirement to the extent they
contain the information required by this subsection.
(iii) Information pertaining to the technology of the process shall include at least the
following: a block flow diagram or simplified process flow diagram; process chemistry;
maximum intended inventory; safe upper and lower limits for such items as temperatures,
pressures, flows or compositions; and, an evaluation of the consequences of deviations. Where
the original technical information no longer exists, such information may be developed in
conjunction with the process hazard analysis in sufficient detail to support the analysis.
(iv) Information pertaining to the equipment in the process shall include: materials of
construction; piping and instrument diagrams (P&ID's); electrical classification; relief system
design and design basis; ventilation system design; design codes and standards employed;
material and energy balances for processes built after the compliance date of the ordinance
codified in this chapter; and safety systems (e.g., interlocks, detection or suppression systems).
(B) The stationary source shall document that equipment complies with recognized
and generally accepted good engineering practices.
(C) For existing equipment designed and constructed in accordance with codes,
standards, or practices that are no longer in general use, the stationary source shall determine and
document that the equipment is designed, maintained, inspected, tested, and operating in a safe
manner.
(2) Operating Procedures.
(A) The stationary source shall develop and implement written operating procedures
that provide clear instructions for safely conducting activities involved in each covered process
consistent with the process safety information and shall address at least the following elements:
(i) Steps for each operating phase: initial startup; normal operations; temporary
operations; emergency shutdown, including the conditions under which emergency shutdown is
required, and the assignment of shutdown responsibility to qualified operators to ensure that
5
ORDINANCE NO. 2014-07
emergency shutdown is executed in a safe and timely manner; emergency operations; normal
shutdown; and, startup following a turnaround, or after an emergency shutdown.
(ii) Operating limits: consequences of deviation; and steps required to correct or
avoid deviation.
(B) Safety and Health Considerations. Properties of, and hazards presented by, the
chemicals used in the process; precautions necessary to prevent exposure, including engineering
controls, administrative controls, and personal protective equipment; control measures to be
taken if physical contact or airborne exposure occurs; quality control for raw materials and
control of hazardous chemical inventory levels; and, any special or unique hazards.
(C) Safety systems and their functions.
(D) Operating procedures shall be readily accessible to employees who work in or
maintain a process.
(E) The operating procedures shall be reviewed as often as necessary to assure that
they reflect current operating practice, including changes that result from changes in process
chemicals, technology, and equipment, and changes to stationary sources. The stationary source
shall certify annually that these operating procedures are current and accurate.
(F) The stationary source shall develop and implement safe work practices to provide
for the control of hazards during operations such as lockout/tagout; confined space entry;
opening process equipment or piping; and control over entrance into a stationary source by
maintenance, contractor, laboratory, or other support personnel. These safe work practices shall
apply to employees and contractor employees.
(3) Employee Participation.
(A) The stationary source shall develop a written plan of action regarding the
implementation of the employee participation required by this chapter.
(B) The stationary source shall consult with employees and their representatives on
the conduct and development of process hazards analyses and on the development of the other
elements of the safety program in this chapter.
(C) The stationary source shall provide to employees and their representatives access
to process hazard analyses and to all other information required to be developed under this
chapter.
(4) Training. For each employee in such covered process:
(A) Initial Training. Each employee presently involved in operating a covered
process, and each employee before being involved in operating a newly assigned covered
process, shall be trained in an overview of the process and in the operating procedures as
specified in subsection (a)(2)(A) of this section. The training shall include emphasis on the
specific safety and health hazards, emergency operations including shutdown, and safe work
practices applicable to the employee's job tasks. In lieu of initial training for those employees
already involved in operating a process, an owner or operator may certify in writing that the
employee has the required knowledge, skills, and abilities to safely carry out the duties and
responsibilities as specified in the operating procedures.
(B) Refresher Training. Refresher training shall be provided at least every three years,
and more often if necessary, to each employee involved in operating a covered process to assure
that the employee understands and adheres to the current operating procedures of the covered
process. The stationary source, in consultation with the employees involved in operating the
process, shall determine the appropriate frequency of refresher training.
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ORDINANCE NO. 2014-07
(C) Training Documentation. The stationary source shall ascertain that each employee
involved in operating a process has received and understood the training required by this section.
The stationary source shall prepare a record which contains the identity of the employee, the date
of training, and the means used to verify that the employee understood the training.
(5) Mechanical Integrity, Including the Use of Industry Codes, Standards, and
Guidelines.
(A) Application. Subsections (a)(5)(B) through (a)(5)(F) of this section apply to the
following process equipment: pressure vessels and storage tanks; piping subsystems (including
piping components such as valves); relief and vent systems and devices; emergency shutdown
systems; controls (including monitoring devices and sensors, alarms, and interlocks) and pumps.
(B) Written Procedures. The stationary source shall establish and implement written
procedures to maintain the on-going integrity of process equipment.
(C) Training for Process Maintenance Activities. The stationary source shall train
each employee involved in maintaining the on-going integrity of process equipment in an
overview of that process and its hazards and in the procedures applicable to the employee's job
tasks to assure that the employee can perform the job tasks in a safe manner.
(D) Inspection and Testing.
(1) Inspections and tests shall be performed on process equipment. Inspection and
testing procedures shall follow recognized and generally accepted good engineering practices.
The frequency of inspections and tests of process equipment shall be consistent with applicable
manufacturers' recommendations and good engineering practices, and more frequently if
determined to be necessary by prior operating experience. The stationary source shall document
each inspection and test that has been performed on process equipment. The documentation shall
identify the date of the inspection or test, the name of the person who performed the inspection
or test, the serial number or other identifier of the equipment on which the inspection or test was
performed, a description of the inspection or test performed, and the results of the inspection or
test.
(E) Equipment Deficiencies. The stationary source shall correct deficiencies in
equipment that are outside acceptable limits (defined by the process safety information in
subsection (a)(1) of this section) before further use or in a safe and timely manner when
necessary means are taken to assure safe operation.
(F) Quality Assurance. In the construction of new plants and equipment, the
stationary source shall assure that equipment as it is fabricated is suitable for the process
application for which they will be used. Appropriate checks and inspections shall be performed
to assure that equipment is installed properly and consistent with design specifications and the
manufacturer's instructions. The stationary source shall assure that maintenance materials, spare
parts and equipment are suitable for the process application for which they will be used.
(6) Management of Change.
(A) The stationary source shall establish and implement written procedures to manage
changes (except for "replacements in kind") to process chemicals, technology, equipment, and
procedures; and changes to stationary sources that affect a covered process.
(B) The procedures shall assure that the following considerations are addressed prior
to any change: the technical basis for the proposed change; impact of change on safety and
health; modifications to operating procedures; necessary time period for the change; and
authorization requirements for the proposed change. The procedures shall also require
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ORDINANCE NO. 2014-07
identification and analysis of inherently safer systems as required by subsection (i) of this
section.
(C) Employees involved in operating a process and maintenance and contract
employees whose job tasks will be affected by a change in the process shall be informed of, and
trained in, the change prior to startup of the process or affected part of the process.
(D) If a change covered by this section results in a change in the process safety
information required by subsection (a)(1) of this section, such information shall be updated
accordingly.
(E) If a change covered by this section results in a change in the operating procedures
or practices required by subsection (a)(2) of this section, such procedures or practices shall be
updated accordingly.
(7) Pre-Startup Reviews.
(A) The stationary source shall perform a pre-startup safety review for new stationary
sources and for modified stationary sources when the modification is significant enough to
require a change in the process safety information.
(B) The pre-startup safety review shall confirm that prior to the introduction of
regulated substances to a covered process: construction and equipment is in accordance with
design specifications; safety, operating, maintenance, and emergency procedures are in place and
are adequate; for new covered processes, a process hazard analysis has been performed and
recommendations have been resolved or implemented before startup; and modified covered
processes meet the requirements contained in management of change, subsection (a)(6) of this
section; and training of each employee involved in operating a process has been completed.
(8) Compliance Audits.
(A) The stationary source shall certify that they have evaluated compliance with the
provisions of this section at least every three years to verify that the procedures and practices
developed under this chapter are adequate and are being followed.
(B) The compliance audit shall be conducted by at least one person knowledgeable in
the process.
(C) A report of the findings of the audit shall be developed.
(D) The stationary source shall promptly determine and document an appropriate
response to each of the findings of the compliance audit, and document that deficiencies have
been corrected.
(E) The stationary source shall retain the two most recent compliance audit reports.
(9) Incident Investigation.
(A) The stationary source shall investigate each incident which resulted in, or could
reasonably have resulted in a catastrophic release of a regulated substance.
(B) An incident investigation shall be initiated as promptly as possible, but not later
than forty-eight hours following the incident.
(C) An incident investigation team shall be established and consist of at least one
person knowledgeable in the covered process involved, including a contract employee if the
incident involved work of the contractor, and other persons with appropriate knowledge and
experience to thoroughly investigate and analyze the incident.
(D) A report shall be prepared at the conclusion of the investigation which includes at
a minimum: date of incident; date investigation began; a description of the incident; the factors
that contributed to the incident; and recommendations resulting from the investigation. The
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ORDINANCE NO. 2014-07
written summary shall indicate whether the cause of the incident and/or recommendations
resulting from the investigation are specific only to the process or equipment involved in the
incident, or are applicable to other processes or equipment at the stationary source. The incident
investigation report shall be made available to the department upon request.
(E) The stationary source shall establish a system to promptly address and resolve the
incident report findings and recommendations. As part of this system, inherently safer systems
shall be identified and analyzed as required by subsection (i) of this section. Resolutions and
corrective actions shall be documented.
(F) The report shall be reviewed with all affected personnel whose job tasks are
relevant to the incident findings including contract employees where applicable.
(G) Incident investigation reports shall be retained for five years.
(10) Hot Work.
(A) The stationary source shall issue a hot work permit for hot work operations
conducted on or near a covered process.
(B) The permit shall document that the fire prevention and protection requirements in
Section 5189 of Title 8 of California Code Regulations have been implemented prior to
beginning the hot work operations; it shall indicate the date(s) authorized for hot work; and
identify the object on which hot work is to be performed. The permit shall be kept on file until
completion of the hot work operations.
(11) Contractors.
(A) Application. This section applies to contractors performing maintenance or repair,
turnaround, major renovation, or specialty work on or adjacent to a covered process. It does not
apply to contractors providing incidental services which do not influence process safety, such as
janitorial work, food and drink services, laundry, delivery or other supply services.
(B) Stationary Source Responsibilities.
(i) The stationary source, when selecting a contractor, shall obtain and evaluate
information regarding the contract owner or operator's safety performance and programs.
(ii) The stationary source shall inform contract owner or operator of the known
potential fire, explosion, or toxic release hazards related to the contractor's work and the process.
(iii) The stationary source shall explain to the contract owner or operator the
applicable provisions of the emergency response program subsection (a)(12) of this section.
(iv) The stationary source shall develop and implement safe work practices consistent
with subsection (a)(2) of this section to control the entrance, presence, and exit of the contract
owner or operator and contract employees in covered process areas.
(v) The stationary source shall periodically evaluate the performance of the contract
owner or operator in fulfilling their obligations as specified in subsection (a)(11)(C) of this
section.
(C) Contract Owner or Operator Responsibilities.
(i) The contract owner or operator shall assure that each contract employee is trained
in the work practices necessary to safely perform his/her job.
(ii) The contract owner or operator shall assure that each contract employee is
instructed in the known potential fire, explosion, or toxic release hazards related to his/her job
and the process, and the applicable provisions of the emergency action plan.
(iii) The contract owner or operator shall document that each contract employee has
received and understood the training required by this section. The contract owner or operator
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ORDINANCE NO. 2014-07
shall prepare a record which contains the identity of the contract employee, the date of training,
and the means used to verify that the employee understood the training.
(iv) The contract owner or operator shall assure that each contract employee follows
the safety rules of the stationary source including the safe work practices required by subsection
(a)(2) of this section.
(v) The contract owner or operator shall advise the stationary source of any unique
hazards presented by the contract owner or operator's work, or of any hazards found by the
contract owner or operator's work.
(12) Emergency Response Program.
(A) The stationary source shall develop and implement an emergency response
program for the purpose of protecting public health and the environment. Such program shall
include the following elements:
(i) An emergency response plan, which shall be maintained at the stationary source
and contain at least the following elements: procedures for informing the public and local
emergency response agencies about accidental releases, emergency planning, and emergency
response; documentation of proper first-aid and emergency medical treatment necessary to treat
accidental human exposures; and procedures and measures for emergency response after an
accidental release of a regulated substance;
(ii) Procedures for the use of emergency response equipment and for its inspection,
testing, and maintenance, including documentation of inspection, testing, and maintenance;
(iii) Training for all employees in relevant procedures and the incident command
system; and
(iv) Procedures to review and update, as appropriate, the emergency response plan to
reflect changes at the stationary source and ensure that employees are informed of changes.
(B) A written plan that complies with other federal contingency plan regulations or is
consistent with the approach in the National Response Team's Integrated Contingency Plan
Guidance ("One Plan") and that, among other matters, includes the elements provided in
subsection (a)(12)(A) of this section, shall satisfy the requirements of this section if the
stationary source also complies with subsection (a)(12)(C) of this section.
(C) The emergency response plan developed under this section shall be coordinated
with the community emergency response plan developed under 42 U.S.C. Section 11003. Upon
request of the local emergency planning committee or emergency response officials, the
stationary source shall promptly provide to the local emergency response officials information
necessary for developing and implementing the community emergency response plan.
(D) The stationary source whose employees will not respond to accidental releases of
regulated substances need not comply with subsections (a)(12)(A) through (a)(12)(C) of this
section provided that they meet the following:
(i) For stationary sources with any regulated toxic substance held in a process above
the threshold quantity, the stationary source is included in the community emergency response
plan developed under Section 11003 of Title 42 of the United States Code (USC); or
(ii) For stationary sources with only regulated flammable substances held in a process
above the threshold quantity the stationary source has coordinated response actions with the local
fire department; and
(iii) Appropriate mechanisms are in place to notify emergency responders when there
is a need for a response.
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(13) Safety Program Management.
(A) The owner or operator of a stationary source subject to this chapter shall develop
a management system to oversee the implementation of the safety program elements.
(B) The owner or operator shall assign a qualified person or position that has the
overall responsibility for the development, implementation, and integration of the safety program
elements.
(C) When responsibility for implementing individual requirements of this chapter is
assigned to persons other than the person identified under subsection (a)(13)(B) of this section,
the names or positions of these people shall be documented and the lines of authority defined
through an organization chart or similar document.
(D) Process Safety Performance Indicators.
(i) No later than September 30, 2014, the department shall develop a list of stationary
source activities and other events to be measured by each stationary source in order to evaluate
the performance of process safety systems. This list is the “Event List.” Each stationary source
shall measure these activities and other events and document the measurements. These
documented measurements are “common process safety performance indicators.” No later than
June 30 of each year after 2014, each stationary source will report to the department the common
process safety performance indicators recorded by the stationary source in the prior calendar
year. The department will include these common process safety performance indicators in the
annual performance review and evaluation report required by Section 450-8.030 of this chapter.
(ii) The department shall review the Event List at least once every three years to
determine if it should be revised. If the department determines that a new activity or other event
will be added to the Event List, stationary sources shall report to the department the new
common process safety performance indicator(s) by June 30 of the next year following the
revision of the Event List.
(iii) No later than September 30, 2014, each stationary source shall develop a list of
site-specific activities and other events that it will measure in order to evaluate the performance
of its process safety systems. Each stationary source shall document these site-specific process
safety performance indicators and make this documentation available to the department during
an audit or inspection and upon request.
(b) Human Factors Program.
(1) Stationary sources shall develop a written human factors program that follows the
human factors guidance document developed or adopted by the department. The program shall
be developed within one year following the issuance of the Contra Costa County guidance
documents, the effective date of the ordinance codified in this section, or as otherwise allowed
by this chapter, whichever is later. The human factors program shall address:
(A) The inclusion of human factors in the process hazards analysis process;
(B) The consideration of human systems as causal factors in the incident investigation
process for major chemical accidents or releases or for an incident that could reasonably have
resulted in a major chemical accident or release;
(C) The training of employees in the human factors program;
(D) Operating procedures;
(E) Maintenance safe work practice procedures and maintenance procedures for
specialized equipment, piping, and instruments, no later than June 30, 2011; and
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ORDINANCE NO. 2014-07
(F) The requirement to conduct a management of change prior to staffing changes for
changes in permanent staffing levels/reorganization in operations, maintenance, health and
safety, or emergency response. This requirement shall also apply to stationary sources using
contractors in permanent positions in operations and maintenance. Prior to conducting the
management of change, the stationary source shall ensure that the job function descriptions are
current and accurate for the positions under consideration. Staffing changes that last longer than
ninety days are considered permanent. Temporary changes associated with strike preparations
shall also be subject to this requirement. Employees and their representatives shall be consulted
in the management of change.
(2) Employees and their representatives shall participate in the development of the
written human factors program.
(3) The program shall include, but not be limited to, issues such as staffing, shiftwork
and overtime.
(4) A description of the human factors program subsections (b)(1) through (b)(3) of
this section shall be included in the safety plan prepared by the stationary source.
(c) Root Cause Analysis and Incident Investigation.
(1) Stationary sources shall conduct a root cause analysis for each major chemical
accident or release which occurs after the effective date of the ordinance codified in this chapter.
Stationary sources shall periodically update the department on facts related to the release or
incident, and the status of a root cause analysis conducted pursuant to this section, at meetings
scheduled by the department in cooperation with the stationary source. To the maximum extent
feasible, the department and the stationary source shall coordinate these meetings with other
agencies with jurisdiction over the stationary source. Within thirty days of completing a root
cause analysis performed pursuant to this section, the stationary source shall submit to the
department a final report containing that analysis, including recommendations to be implemented
to mitigate against the release or incident reoccurring, if any, and a schedule for completion of
resulting recommendations. The stationary source shall also comply with subsection (i)(1)(E) of
this section if applicable. The department may require the stationary source to submit written,
periodic update reports at a frequency not to exceed every thirty days until the final report is
submitted. The methodology of the root cause analysis shall be one of the methodologies
recognized by the Center for Chemical Process Safety or shall be reviewed by the department to
determine substantial equivalency.
(2) The department may elect to do its own independent root cause analysis or
incident investigation for a major chemical accident or release. If the department elects to
conduct a root cause analysis or incident investigation the stationary source shall cooperate with
the department by providing the following access and information in a manner consistent with
the safety of department and stationary source personnel and without placing undue burdens on
the operation of the stationary source:
(i) Allow the department to investigate the accident site and directly related facilities
such as control rooms, physical evidence and where practicable the external and internal
inspection of equipment;
(ii) Provide the department with pertinent documentation; and
(iii) Allow the department to conduct independent interviews of stationary source
employees, subject to all rights of the stationary source and employees to be represented by legal
counsel and/or management and union representatives during such interviews. If in the course of
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ORDINANCE NO. 2014-07
the department's root cause analysis or incident investigation access is required to areas of the
stationary source which in the judgment of the stationary source requires personnel entering the
area to use protective equipment and/or have specialized training the department shall provide its
personnel with such equipment and training. To the maximum extent feasible, the department
shall coordinate any root cause analysis or incident investigation it conducts with investigations
conducted by other agencies with jurisdiction over the stationary source to minimize the adverse
impacts on the stationary source and/or its employees.
(3) No part of the conclusions, findings or recommendations of the root cause
analysis conducted by the department or stationary source, or incident investigation conducted
by the department, relating to any major chemical accident or release or the investigation thereof
shall be admitted as evidence or used in any action or suit for damages arising out of any matter
mentioned in such report.
(4) If the department issues a root cause analysis report, the stationary source shall
comply with subsection (i)(1)(E) of this section if applicable.
(d) Process Hazard Analysis/Action Items.
(1) Process hazard analyses will be conducted for each of the covered processes
according to one of the following methods: What-If, Checklist, What-If/Checklist, Hazard and
Operability Study (HAZOP), Failure Mode and Effects Analysis (FMEA), fault tree analysis or
an appropriate equivalent methodology approved by the department prior to conducting the
process hazard analysis. The PHA shall be appropriate to the complexity of the covered process
and shall identify, evaluate, and control the hazards involved in the covered process. The PHA
shall address: the hazards of the process; the identification of any previous incident which had a
likely potential for catastrophic consequences; engineering and administrative control applicable
to the hazards and their interrelationships such as appropriate application of detection
methodologies to provide early warning of releases (acceptable detection methods might include
process monitoring and control instrumentation with alarms, and detection hardware such as
hydrocarbon sensors); consequences of failure of engineering and administrative controls;
covered process and stationary source siting; human factors; and a qualitative evaluation of a
range of the possible safety and health effects of failure of controls. Process hazard analyses
should also include consideration of external events except for seismic analyses, which are only
required when criteria listed in subsection (d)(2) of this section are satisfied. All process hazard
analyses shall be performed by a team with expertise in engineering and process operations, and
the team shall include at least one employee who has experience and knowledge specific to the
process being evaluated. Also, one member of the team must be knowledgeable in the specific
PHA methodology being used.
(2) The process hazard analyses shall be conducted within one year of the effective
date of the ordinance codified in this chapter and no later than the submittal date of the safety
plan. Previously completed process hazard analyses that comply with the California Code of
Regulations, Title 8, Section 5189, and/or the California Code of Regulations, Title 19, Section
2760.2 are acceptable for the purposes of this chapter. Process hazard analyses shall be updated
and revalidated at least once every five years after completion of the initial process hazard
analysis. Updated and revalidated process hazard analyses completed to comply with the
California Code of Regulations, Title 8, Section 5189, and/or the California Code of Regulations,
Title 19, Section 2760 are acceptable for meeting the update and revalidation requirement.
Seismic events shall be considered for processes containing a substance defined in the California
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ORDINANCE NO. 2014-07
Code of Regulations, Title 19, Chapter 4.51, Section 2770.5, if the distance to the nearest public
receptor for a worst case release scenario specified by the California Code of Regulations, Title
19, Chapter 4.5, Section 2750.3 is within the distance to a toxic or flammable endpoint as
defined in California Code of Regulations, Title 19, Chapter 4.5, Section 2750.2(a).
(3) For all covered processes, the stationary source shall document the decision made
to implement or not implement all PHA recommended action items and the results of
recommendations for additional study. The stationary source shall complete recommended
actions from the initial PHA and from PHA revalidations, identified by the process hazard
analysis and selected for implementation by the stationary source as follows: all actions not
requiring a process shutdown shall be completed within one year after the completion of the
PHA; all actions requiring a process shutdown shall be completed during the first regularly
scheduled turnaround of the applicable process subsequent to one year after the completion of
the PHA unless the stationary source demonstrates to the satisfaction of the department that such
a schedule is infeasible. For recommended actions not selected for implementation, the stationary
source shall include the justification for not implementing the recommended action. For all
covered processes, the stationary source shall retain documentation of closure, and any
associated justifications, of actions identified by the PHA. The stationary source shall
communicate the actions to operating, maintenance, and other employees whose work
assignments are in the process and who may be affected by the recommendations or actions.
(e) Accident History.
(1) The stationary source shall include an accident history in the safety plan of all
major chemical accidents or releases from June 1, 1992, through the date of safety plan submittal
to the department. For each major chemical accident or release the stationary source shall report
the following information, to the extent known:
Date, time and approximate duration of the release;
Chemicals released;
Estimated quantity released in pounds;
Type of release event and its source;
Weather conditions at the time of the release;
On-site impacts;
Known off-site impacts;
Initiating event and contributing factors;
Root cause(s);
Whether off-site responders were notified; and
Operational or process changes that resulted from the investigation of the release.
(2) The stationary source shall annually submit a report of the accident history to the
department. The first report shall be due two years after the effective date of the ordinance
codified in this chapter, and subsequent reports shall be due by June 30th of each year.
(f) Certification. The owner or operator shall submit in the safety plan a single
certification that, to the best of the signer's knowledge, information, and belief formed after
reasonable inquiry, the information submitted is true, accurate, and complete.
(g) Security and Vulnerability Assessment. Each stationary source shall perform and
document a security and vulnerability assessment as defined in the Contra Costa County CalARP
program guidance document, by June 30, 2007, and at least once every five years after the initial
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ORDINANCE NO. 2014-07
assessment, or as prescribed by federal regulation. The stationary source shall document its
process for assuring that recommendations are addressed.
(h) Safety Culture Assessment. The stationary source shall conduct a safety culture
assessment. The assessment shall be based upon a method listed in the Contra Costa County
CalARP program guidance document or shall be reviewed by the department to determine
substantial equivalency. The initial assessment shall be performed by one year following the
revisions to the Industrial Safety Ordinance guidance document that addresses the safety culture
assessment, and at least once every five years thereafter. The safety culture assessment will be
reviewed during the audit and inspection of the stationary source. The department may perform
its own safety culture assessment after a major chemical accident or release or the occurrence of
any incident that could reasonably have led to a major chemical accident or release, or based on
department audit results of the stationary source.
(i) Inherently Safer Systems Analysis.
(1) A stationary source shall conduct an inherently safer systems analysis (ISSA) for
each covered process as follows:
(A) The stationary source shall conduct an ISSA on existing covered processes every
five years.
(B) The stationary source shall conduct an ISSA in the development and analysis of
recommended action items identified in a PHA.
(C) Effective September 30, 2014, whenever a major change is proposed at a facility
that could reasonably result in a major chemical accident or release, the stationary source shall
conduct an ISSA as part of a Management of Change review required by subsection (a)(6)(B) of
this section.
(D) If an incident occurs on or after September 30, 2014, an investigation of the
incident is conducted pursuant to subsection (a)(9)(A) of this section and the incident
investigation report recommends a major change that could reasonably result in a major chemical
accident or release, the stationary source shall commence and complete an ISSA of the
recommended major change as soon as administratively practicable after completion of the
incident investigation report.
(E) If an incident occurs on or after September 30, 2014, a root cause analysis of the
incident is conducted as required by subsections (c)(1) or (c)(2) of this section, and the root
cause analysis report or an associated incident investigation report recommends a major change
that could reasonably result in a major chemical accident or release, the stationary source shall
commence and complete an ISSA of the recommended major change as soon as administratively
practicable after completion of the root cause analysis report.
(F) The stationary source shall conduct an ISSA during the design of new processes,
process units and facilities. Immediately upon completion of the ISSA report referred to in
subsection (i)(2) of this section, the stationary source shall advise the department of the
availability of the ISSA report.
(2) The stationary source shall prepare a written report documenting each ISSA
within thirty days of completion of the ISSA and make the report available to the department
during an audit or inspection and upon request. The ISSA report must contain, at a minimum,
the following information:
(A) Identification and a description of the inherently safer system(s) analyzed in the
ISSA;
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(B) A description of the methodology used to analyze the inherently safer systems(s);
(C) The conclusions of the analysis;
(D) The rationale for the conclusions; and
(E) An action plan, including a timeline to implement the inherently safer system(s)
recommended in the ISSA.
(3) The stationary source shall select and implement each inherently safer system
identified in an ISSA report to the greatest extent feasible and as soon as administratively
practicable. If a stationary source concludes that implementation of an inherently safer system is
not feasible, the stationary source shall document the basis for this conclusion in meaningful
detail. The documentation shall include sufficient evidence to demonstrate to the department’s
satisfaction that implementing the inherently safer system is not feasible and the reasons for this
conclusion. A claim that implementation of an inherently safer system is not feasible shall not be
based solely on evidence of reduced profits or increased costs.
(j) Safeguard Protection Analysis.
(1) Effective September 30, 2014, a stationary source shall conduct a Layer of
Protection Analysis or an alternative type of analysis approved by the department that uses a
quantitative, qualitative or equivalent semi-quantitative method to determine the effectiveness of
existing safeguards and safeguards recommended in a PHA to reduce the probability and/or
severity of a catastrophic release. The safeguard protection analysis may be a standalone analysis
or incorporated within a PHA.
(2) The stationary source shall complete the safeguard protection analysis no later
than June 30, 2019. A safeguard protection analysis that was completed by a stationary source
within five years prior to June 30, 2019, in accordance with the standards set forth in subsection
(j)(1) of this section, will be deemed to comply with this requirement. The stationary source shall
update and revalidate the safeguard protection analysis at least once every five years.
(3) All safeguard protection analyses shall be performed by a team with expertise in
engineering and process operations. The team shall include at least one employee who has
experience and knowledge specific to the safeguards and one member who is knowledgeable
about the specific safeguard protection analysis method used.
(4) The stationary source shall prepare a written report that documents the safeguard
protection analysis in accordance with the standard of practice applicable to the type of analysis
conducted. The stationary source will complete the report within thirty days after the completion
of the safeguard protection analysis and make the report available to the department during an
audit or inspection and upon request.
(Ords. 2014-07 § 5, 2006-22 § 5, 2000-20 § 1, 98-48 § 2).
SECTION VI. Section 450-8.018 of the County Ordinance is amended to read:
450-8.018 Review, audit and inspection.
(a) Upon submission of a safety plan by the stationary source, the department shall
review the safety plan to determine if all the elements required by Section 450-8.016 of this
chapter are included and complete. The department shall provide to the stationary source a
written notice of deficiencies, if any. The stationary source shall have sixty calendar days from
receipt of the notice of deficiencies to make any corrections. The stationary source may request,
in writing, a one-time thirty-day calendar day extension to correct deficiencies. By the end of the
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ORDINANCE NO. 2014-07
sixty calendar days or any extension period, the stationary source shall resubmit the revised
safety plan to the department. After the department determines that the safety plan is complete,
the department shall schedule a public meeting on the stationary source's safety plan to explain
its contents to the public and take public comments. Public comments on the safety plan shall be
taken by the department for a period of fort y-five days after the safety plan is made available to
the public. The department shall schedule a public meeting on the stationary source's safety plan
during the forty-five day comment period. The public meetings shall be held in the affected
community on evenings or weekends. The department shall respond in writing to all written
comments received during the forty-five day comment period and to all oral comments received
and not addressed at the public meeting. The department shall make portions of the safety plan,
which are not protected trade secret information, available to the public for the public meeting.
(b)(1) The department shall, within one year of the submission of the stationary source's
safety plan, conduct an initial audit and inspection of the stationary source's safety program to
determine compliance with this chapter. Based upon the department's review of the safety plan
and the audit and inspection of the stationary source, the department may require modifications
or additions to the safety plan submitted by the stationary source, or safety program to bring the
safety plan or safety program into compliance with the requirements of this chapter. Any
determination that modifications or additions to the safety plan or safety program are required
shall be in writing, collectively referred to as the "preliminary determination." The preliminary
determination shall explain the basis for the modifications or additions required to bring the
safety plan or safety program into compliance with the requirements of this chapter and provide
a timetable for resolution of the recommendations. The preliminary determination shall be
mailed to the stationary source.
(2) The stationary source shall respond in writing to the preliminary determination
issued by the department. The response shall state that the stationary source will incorporate into
the safety plan or safety program the revisions contained in the preliminary determination or
shall state that the stationary source rejects the revisions; in whole or in part. For each rejected
revision, the stationary source shall explain the basis for rejecting such revision. Such
explanation may include substitute revisions.
(3) The stationary source's written response to the department's preliminary
determination shall be received by the department within ninety days of the issuance of the
preliminary determination or such shorter time as the department specifies in the preliminary
determination as being necessary to protect public health and safety. Prior to the written response
being due and upon written request from the stationary source, the department may provide, in
writing, additional time for the response to be received.
(4) After receiving the written response from the stationary source, the department
shall issue a public notice pursuant to the department's public participation policy and make
portions of the safety plan, the preliminary determination and the stationary source's responses,
which are not protected trade secret information, available for public review. Public comments
on the safety plan shall be taken by the department for a period of forty-five days after the safety
plan, the preliminary determination and the stationary source's responses are made available to
the public. The department shall schedule a public meeting on the stationary source's safety plan
during the forty-five day comment period. The public meetings shall be held in the affected
community on evenings or weekends. The department shall respond in writing to all written
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comments received during the forty-five day comment period and to all oral comments received
and not addressed at the public meeting.
(c) Based upon the department's preliminary determination, review of the stationary
source's responses and review of public comments on the safety plan, the preliminary
determination and the stationary source's responses, the department may require modifications or
additions to the safety plan submitted by the stationary source or safety program to bring the
safety plan or safety program into compliance with the requirements of this chapter. Any
determination that modifications or additions to the safety plan or safety program are required,
and any determination that no modifications or additions to the safety plan or safety program are
required shall be in writing (collectively referred to as "final determination"), shall be mailed to
the stationary source and shall be made available to the public. A copy of the final determination
report will be sent to Cal/OSHA, EPA and the local fire department that has oversight of the
stationary source. The department may not include in a final determination any requirements to a
safety plan or safety program that would cause a violation of, or conflict with, any state or
federal law or regulation or a violation of any permit or order issued by any state or federal
agency.
(d) Within thirty days of the department's final determination, the stationary source
and/or any person may appeal the final determination to the board of supervisors pursuant to
Chapter 14-4 of this code by a verified written notice of appeal filed with the clerk of the board
of supervisors and payment of the applicable appeal fee. The appeal must be limited to issues
raised during the public comment period. The notice shall state the grounds for any such appeal,
including (i) the reasoning that the appeal is necessary because the stationary source is in
compliance with this chapter, or (ii) the reasoning that the appeal is necessary to bring the
stationary source into compliance with this chapter. In acting on the appeal, the board shall have
the same authority over the final determination as the department. The board may require
modifications or additions to the safety plan or safety program to bring the safety plan or safety
program into compliance with the requirements of this chapter. The board may not include in its
decision on the final determination any requirements to a safety plan or safety program that
would cause a violation of, or conflict with, any state or federal law or regulation or a violation
of any permit or order issued by any state or federal agency. The decision of the board of
supervisors shall be final with respect to the final determination.
(e) The safety plan shall be valid for a period of three years from the date of receipt
by the department and shall be reviewed and updated by the stationary source every three years
pursuant to the requirements of this chapter. Any revisions to the safety plan as a result of the
review and update shall be submitted to the department and shall be subject to the provisions of
this section.
(f) The department may, within thirty days of a major chemical accident or release,
initiate a safety inspection to review and audit the stationary source's compliance with the
provisions of Section 450-8.016 of this chapter. The department shall review and audit the
stationary source's compliance with the provisions of Section 450-8.016 of this chapter at least
once every three years. The department may audit the stationary source based upon any of the
following criteria: accident history of the stationary source, accident history of other stationary
sources in the same industry, quantity of regulated substances present at the stationary source,
location of the stationary source and its proximity to the public and environmental receptors, the
presence of specific regulated substances, the hazards identified in the safety plan, a plan for
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providing neutral and random oversight, or a complaint from the stationary source's employee(s)
or their representative. The stationary source shall allow the department to conduct these
inspections and audits. The department, at its option, may select an outside consultant to assist in
conducting such inspection.
(g) Within thirty days of a major chemical accident or release the department may
commence an incident safety inspection with respect to the process involved in the incident
pursuant to the provisions of Section 450-8.016(c) of this chapter.
(h)(1) Based upon the department's audit, safety inspection or an incident inspection, the
department may require modifications or additions to the safety plan submitted by the stationary
source or safety program to bring the safety plan or safety program into compliance with the
requirements of this chapter. Any determination by the department shall be in writing and shall
be mailed to the stationary source (referred to as the "notice of findings"). The stationary source
shall have sixty calendar days from receipt of the notice of findings to make any corrections. The
stationary source may request, in writing, a one-time thirty-day calendar day extension to make
corrections. The department may not include in its notice of findings requirements to a safety
plan or safety program that would cause a violation of, or conflict with, any state or federal law
or regulation or a violation of any permit or order issued by any state or federal agency. The
notice of findings made by the department will be available to the public.
(2) Within thirty days of the department's notice of findings, the stationary source
and/or any person may appeal the notice of findings to the board of supervisors pursuant to
Chapter 14-4 of this code by a verified written notice of appeal filed with the clerk of the board
of supervisors and payment of the applicable appeal fee. The appeal must state the grounds for
any such appeal, including (i) the reasoning that the appeal is necessary because the stationary
source is in compliance with this chapter, or (ii) the reasoning that the appeal is necessary to
bring the stationary source into compliance with this chapter. In acting on the appeal, the board
shall have the same authority over the notice of findings as the department. The board may
require modifications or additions to the safety plan or safety program to bring the safety plan or
safety program into compliance with the requirements of this chapter. The board may not include
in its decision on the notice of findings any requirements to a safety plan or safety program that
would cause a violation of, or conflict with, any state or federal law or regulation or a violation
of any permit or order issued by any state or federal agency. The decision of the board of
supervisors shall be final with respect to the notice of findings.
(i) Nothing in this section shall preclude, limit, or interfere in any way with the
authority of the county to exercise its enforcement, investigatory, and information gathering
authorities under any other provision of law nor shall anything in the chapter effect or diminish
the rights of the stationary source to claim legal privileges such as attorney client privilege
and/or work product with respect to information and/or documents required to be submitted to or
reviewed by the department.
(Ords. 2014-07 § 6, 2006-22 § 6, 98-48 § 2).
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SECTION VII. Section 450-8.030 of the County Ordinance Code is amended to read:
450-8.030 Annual performance review and evaluation.
(a) The department shall annually: (1) review its activities to implement this chapter,
and (2) evaluate the effectiveness of this chapter in achieving its purpose and goals pursuant to
Section 450-8.004 of this chapter.
(b) An annual performance review and evaluation report shall be prepared by the
department based upon the previous fiscal year's activities and shall be submitted to the board of
supervisors on or before October 31, 2000 and each year thereafter. The report shall contain:
(1) A brief description of how the department is meeting the requirements of this
chapter as follows: (i) effectiveness of the department's program to ensure stationary source
compliance with this chapter; (ii) effectiveness of the procedures for records management; (iii)
number and type of audits and inspections conducted by the department pursuant to this chapter;
(iv) number of root cause analyses and/or incident investigations conducted by the department;
(v) the department's process for public participation; (vi) effectiveness of the public information
bank, including status of electronic accessibility; (vii) effectiveness of the hazardous materials
ombudsperson; (viii) other required program elements necessary to implement and manage this
chapter.
(2) A listing of all stationary sources covered by this chapter, including for each: (i)
the status of the stationary source's safety plan and program; (ii) a summary of all stationary
source safety plan updates and a listing of where the safety plans are publicly available; (iii) the
annual accident history report submitted by the stationary source pursuant to Section 450-
8.016(e)(2) of this chapter; (iv) a summary, including the status, of any root cause analyses
conducted or being conducted by the stationary source and required by this chapter, including the
status of implementation of recommendations; (v) a summary, including the status, of any audits,
inspections, root cause analyses and/or incident investigations conducted or being conducted by
the department pursuant to this chapter, including the status of implementation of
recommendations; (vi) description of inherently safer systems implemented by the stationary
source; (vii) legal enforcement actions initiated by the department, including administrative,
civil, and criminal actions pursuant to this chapter; and (viii) process safety performance
indicators reported by the stationary source as required under Section 450-8.016(a)(13)(D)(i) of
this chapter.
(3) Total penalties assessed as a result of enforcement of this chapter.
(4) Total fees, service charges, and other assessments collected specifically for the
support of this chapter.
(5) Total personnel and personnel years utilized by the jurisdiction to directly
implement or administer this chapter.
(6) Comments from interested parties regarding the effectiveness of the local program
that raise public safety issues.
(7) The impact of the chapter in improving industrial safety.
(c) The department shall provide a copy of the annual performance audit submission
required by Title 19 Chapter 4.5 Section 2780.5 of the California Code of Regulations to the
board of supervisors on or before October 31st of each year. (Ords. 2014-07 § 7, 2006-22 § 7,
98-48 § 2).
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SECTION VIII. EFFECTIVE DATE. This ordinance becomes effective 30 days after
passage, and within 15 days after passage shall be published in the Contra Costa Times, a
newspaper published in this County. This ordinance shall be published in a manner satisfying
the requirements of Government Code section 25124, with the names of the supervisors voting
for and against it.
PASSED on __________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: David J. Twa, Clerk of the Board
of Supervisors and County Administrator
By: ____________________________
Deputy Board Chair
[seal]
LW /
H:\Final\Health Services\HazMat\ISO \ISOOrdinanceAmendment.5.6.14.docx
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