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Home My WebLink AboutMINUTES - 10191993 - IO.12 TO: BOARD OF SUPERVISORS I .0.-12 SE L Contra vri. y. FROM: INTERNAL OPERATIONS COMMITTEE '- - Costa County DATE: October 11, 1993 SUBJECT: REPORT ON THE PUBLIC MEMBER ON THE TECHNICAL ADVISORY COMMITTEE OF THE OIL REFINERY AND CHEMICAL PLANT SAFETY PREPAREDNESS ACT (AB 100 COMMITTEE) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . AUTHORIZE the Chairman of the Board of Supervisors to send a letter to the State Fire Marshal, urging that when there is next a vacancy in the public member seat on the Oil Refinery and Chemical Plant Safety Preparedness Act Technical. Advisory Committee (AB 100 Committee) the State Fire Marshal consider appointing an individual who not only meets the requirements of Government Code Section 51022 (a) ( 1) (G) , but also represents other viewpoints that may not otherwise be represented on the Committee. / 2 . REMOVE this item as a referral to our Committee. BACKGROUND: On July 13, 1993, the Board of Supervisors referred to our Committee a recommendation from. Supervisor Bishop that a new appointment be made for the public member position on the Oil Refinery and Chemical Plant Safety Preparedness Act Technical Advisory Committee (AB 100 Committee) . On October 11, 1993, our Committee met with William B. Walker, M.D. , County Health Officer, who is also a member of the AB 100 Committee. A copy of Dr. Walker' s report is rattacKed 1A so a_t &c,h_ed:a-_is a letter from Mr. Denny Larson, Campaign Chair for Citizens for a Better Environment regarding his organization's objections to the background of the current public member. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD O MIT f APPROVE p SIGNATURES ACTION OF BOARD ON_ October 19, 3993 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE 1—UNANIMOUS(ABSENT - ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED �. l g 7P3 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF M. County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Health Services Director William B. Walker, M.D. , County Health Officer Denny Larson, Campaign Director, CBE ,DEPUTY I.O.-12 -2- Section 51022 of the Government Code outlines the membership of the AB 100 Committee and provides that the State Fire Marshal will appoint- 15 of the 19 members of the Committee. One of the members is a public member who must have " . . .expertise in hazard analyses, emergency preparedness planning, or environmental protection" . As Mr. Larson' s letter indicates, he and his organization believe that the current public member has a conflict of interest and should be replaced. Our Committee does not believe that it is appropriate for us to ask the State Fire Marshal to fire the individual he has chosen to appoint as the public member and replace that individual with someone like Mr. Larson. We are, however, willing to recommend that the Board of Supervisors write to the State Fire Marshal and ask that if and when there is a vacancy in the public member position that he consider appointing someone who not only meets the requirements of the law, but also represents viewpoints which may not otherwise be represented on the Committee. t , SEL Contra Costa County Health Services Department `= CONTRA COSTA COUNTY ' a _ William B. Walker, M.D. RECEIVED �'y•, _ tips° Medical Director and County Health Officer STA-cou>� SP - 8 M TO: C.L. Van Marter, OFFICE OF Assistant County Administrator COUNTY ADMINISTRATOR FROM: William B. Walker, M.D. Lt/v6-7 Health Officer DATE: September 7, 1993 SUBJECT: AB 100 COMMITTEE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This is in response to your memorandum of August 23 requesting information about the Technical Advisory Committee on Oil Refinery and Chemical Plant Safety Preparedness (AB 100 Committee). This Committee was established pursuant to the provisions of California Government Code . Section 51022. The Committee is advisory to the State Fire Marshall and is charged with three key responsibilities: 1. Providing recommendations to the State Fire Marshall on the adequacy of existing State and Federal statutes and regulations intended to protect communities located near oil refineries and chemical plants and recommendations to resolve overlap, duplication and inconsistencies among State and Federal statutes and regulations governing emergency plans, practices and requirements. These recommendations are to be considered by the State Fire Marshall in preparing a report to the Legislature on these issues. 2. Providing recommendations to the State Fire Marshall on a program of grants to local public agencies and accredited colleges and universities or other entities, to further the public safety and environmental protection goals of the program. 3. Providing recommendations regarding the development of a clearinghouse of information for the purpose of ensuring effective communication among public health and safety agencies, the communities they serve and the operators of refineries and chemical plants. This Committee will sunset January 1, 1997. At your request, I have enclosed information on the Committee's membership. Please note that the information in the "Position" column is directly out of the law which was very specific as to its membership. There are currently two vacancies, neither of which are the public member position. These vacancies are the Fire Chief from Northern California with at least two 20 Allen Street• Martinez,CA 94553•(510)370-5010 Office• (510)370-5098 FAX A-428 (9/91) -2- refineries and one chemical plant within his jurisdiction and the firefighter with the rank of captain or below. The State Fire Marshall serves as the Chair of the Committee and is the appointing power for all members. Please note that the State Fire Marshall has asked Denny Larson to serve the Committee in a Technical Advisor role and Denny has accepted this offer. I hope this information is of assistance to you. AUG-31-1993 14:07 FROM SFM PIPELINE SAFETY HO TO 915103705098 P.03 OIL REFINERY& CHEMICAL PLANT SAFETY PREPAREDNESS TECHNICAL ADVISORY COMMITTEE Position Appointee Fire Chief, County Chief Michael Freeman w/8,000,000 population; Leos Angeles CFD Admin. agency; 3 refineries/ 1320 N. Eastern Avenue 2 chem. plants Los Angeles, CA 90063-3294 (213)881.2401 Alternate: Darrell Higuchi (213)881.2461 or (213)881-2418 Fire Chief,City Chief Donald O. Manning w/3 million population Los Angeles City FD Admin.agency; 3 refineries/ 200 N. Main St., # 1020 2 chem. plants Los Angeles, CA 90012 (213)485-6003 Alternate: Davis Parsons Fire Chief; 1 refinery/ Chief R. Scott Adams 1 chemical plant; So. Calif. Torrance FD dept./Admin. agency 1701 Crenshaw Blvd. Torrance, CA 90501 (310)781-7042 Fire Chief; 1 refinery/ Chief Thomas P. McCarthy 1 chem. plant;Admin. agency Kern CFD 6624 Victor St. Bakersfield, CA 93308 (805)861-2577 Fire Chief; No. Calif; Vacant 2 refineries/1 Chem. plant Oil Refinery Operator; Clay Totten So. Calif.; nominated by WSPA Ultramar P.O. Box 93102 911 W. Ocean Blvd. Suite 1400 Long Beach, CA 90809-3102 (310) 491-6832 AUG731-1993 14:08 FROM SFM PIPELINE SAFETY HO TO 915103705098 P,04 OIL REFINERY& CHEMICAL PLANT SAFETY PREPAREDNESS TECHNICAL ADVISORY COMMITTEE Page 2 Position Appointee Oil Refinery Operator; Pat Netch No. Calif.; nominated by WSPA Chevron 575 Market Street, #2700 San Francisco, CA 94105 (415)8942974 Oil Refinery Operator, Steven Platek So. Calif.; nominated by Huntway Refining Company American Independent 1551 West Alameda St. Refineries Assn. P.O, Box 1257 Wilmington, CA 90748 (213)518-4000 Chemical Plant Operator, Mark A. Smith So. Calif.; nominated by Chemical Unocal Chemical Division Industry Council of Calif. P.O. Box 60455 Los Angeles, CA 90060 (213)977-6191 Alternate: Casey Conway Chemical Plant Operator Joe Tovar,Jr. No. Calif.; nominated by Chemical Dow Chemical Industry Council of Calif. P.O. Box 1398 Pittsburg, CA 94565 (510)432.5343 Co. Public Health Officer or William B, Walker, M.D. Co. Director of Environmental Contra Costa County Health; rep.co.w/3 refineries/ Health Services 2 ohem, plants; admin. agency 20 Allen St. Martinez, CA 94553 (510)370-5010 Oil refinery or chem. plant Steve Sullivan worker nominated by Calif. 011,Chemical &Atomic Labor Federation Workers Union International 3605 Long Beach Blvd. Suite 304 Long Beach, CA 90807 (310)426-6961 Alternate: John Siggson AUG-31-1993 14:08 FROM SFM PIPELINE SAFETY HO TO 915103705098 P.05 OIL WINERY& CHERUCAL PLANT SAFETY PREPAREDNESS TECHNICAL ADVISORY COMMITTEE Page 3 Position Appointee Firefighter,Capt. or below; Vacant member of haz mat unit; Admin.agency; nominated by Calif. Labor Federation Public member w/hazard analysis, Jack Woycheese, P.E. emergency preparedness planning Supervising Engineer or environmental protection Gage-Babcock&Assn., Inc. expertise 1990 No. California Suite 200 Walnut Creek, CA 94596 (510)930-8000 Director, City or County Ronald E. Baldwin, Coordinator OES; administering agency: Office of Emergency Services 1 refinery or chem plant San Joaquin County 222 E.Weber Ave., Room 610 Stockton, CA 95202 (209) 468-3962 Alternate: Dennis Fields Calif. Dept. of industrial John Howard, Chief Relations Dept. Industrial Relations Div. of Occupational Safety and Health 455 Golden Gate Ave. Room 5202 San Francisco, CA 94102 (415)703-4341 Cal-EPA Stan Phillippe, Chief Site Mitigation Branch Dept. of Toxic Substances Control P.O. Box 806 Sacramento, Ca 95812-0806 (916)255-2002 Calif. Office of Emergency Eileen Baumgardner Services Assistant Director Office of Emergency Services 2800 Meadowview Rd. Sacramento, CA 95832 (916) 427-4525 August 31, 1993 TOTAL P.05 10/11293 e4:08 $ 1 415 243 8980 P.82 CITIZENS FOR 12, 193 A Ronny J_ Culvman BETTER Stag Fire Marshall ENVIRONMENT 7171. Bowling Drive, Suite 700 Sacramonto, CA 95823 Dear Mr. Coleman: I am writing in response to your letter of June 36, 1993, 501 SECOND$1. which offers a position of Technical Advisor to the +MRCP Suar 305 Committee to me. I am confirming my oral acceptance of this CA 941071$Ca offer made by telephone to Glen Takeoka of the State Dire 415.243.8373 Marshall's Office on July 7, 1993. FAx:415:243.8960 I am in no way dropping, CBWs objection to the current "public member" of the committee who suffers from a serious 122 SUITttZ01LNBau. conflict of interest. It remains the position of our organization, VENICE which works 01recily with thousands of Bay Area residents who CA 90291 share neighborhoods with oil refineries and chemical plants, tbat 310.450.t'W FAx:310.399.0769 the State Fire Marshall should mplace Mr. Woycheese with someone, such as myself, who can better represent residents at SECOND E�oFLOOR risk. 'I'hc Ccwtra Costa County Health Department has written a an FmWrISCO letter of support for our position as well. CA 64107 416.646.6591 In addition 1 want to recommend to you for serious consideration the matter of the make up of the con2mittee. BOAIRDOFDIRECTORS: Where is a need for a balance among interests on the committee and that means more "public members" from communities at NiviDLesAwoumeau, risk. I urge that the first recommendation to the Legislature be RHMN I many to creaW at least as RICHARD BLADES y "public 11]8I11bers from communities at KENNUH FIN11EY risk" as industry representatives. WAN FoRD MICHAEL NEW KArexre ftroff Thank you for your leiter of appreciation for nay work and 810HADD LOYA the appointment as Technical Advisor. I look forward to MAeulwe OARY PAttOM g �c(mvnuin to work together to improve community safetyin OAAY SiMIANIL PRIML refinery and chemical plant, communities in California. NEII 9OTn .Fn�y SinCercly, Denny A. Larson CBE Campaign Director 10/11/93 09.02 S 1 415 243 9900 P_04 Contra Costa County The Board of Supervisors HEALTH SERVICES DEPARTMENT OFFICE OF THE DIRECTOR Tour Powers, tsi Dist+icl Nancy C. Fandon,2nd Disirick Mark Flnucane, QlfeCl4r Robert I.Schroder.3rd District ei Sunne Wright McPank,4th Distriat RIC 20 Allan Slr04 Tom Torlskson, 6th District ,`'r{ ,� ti " 1J1SrtinBx,C0 3195 (51 0)378.50003 County Administrator A,,;; (51013704006 Falk PNII Batchelor Counly Administrator " March 15, 1993 Jaynes Wait Chief, Pipeline Safety Division Office of the State Fire Marshall 7171 Bowling Drive, Suite 600 Sacramento, CA 95K3 Dear Mr. Wait, I'm writing in support of the recommendation of Citizens for a Better r-nvironment to appoint a truly public member to the Technical Advisory Committee on Oil refinery and Chemical Plant Safety Preparedness. This public member should be a resident of a +conuuunity that borders a rcfmi cry or chemical plant in order to provide the perspective and concerns of those communities. I am aware that Dr.William Walker,Contra Costa County Health Offieer,who is a member of the Technical Advisory Committee, has already expressed those concerns, and I want to reinforce that position on behalf of our Department. As you know, Contra Costa is home to the largest number of oil refineries and chemical plants outside of L.A. There are a number of local residents that OUTDepartment has worked with over the years who are knowledgeable and articulate and would be excellent members of your Committee. Three of them serve on or are alternates to the hazardous Materials Commission and have been recommended to your staff for invitation to the next meetin&which will be held in Contra Costa. Again, 1 urge you to rewnsider your position and appoint a public member who can represent the communities that border industrial facilities, Sincerely, Mark 1Finucane Health Services Director 1AUFOLlssw mumu.lal Raspltut E Clinics PahlcC H*61114 McM01 Hylth - SuLslance Muhe - F-nVHonm6AW r146hrt Gomel Gt)stp tresnh Pun • Emarpenmy#AadK@l 69—goi - r/omp Hp■yn Apancr ' GiPAPIApm A 1IIl•1. 10/11/93 09:01 2 1 415 243 8980 P.e3 CITIZENS FOR A January 27, 1993 BETTER ENVIRONMENT Jaran Wait Chief,Pipleine Safety Division Office of the State 11re Marshall 7171 Bowlinp,Diivc,Suite 600 Sacrarnento,t7A 95823 Hear Mr.Wait, Tlrarak you for your prompt YcTort bnK-6n the January 14 mccting of the ORCIIIAC in Aimliehn. I appreciate Your prese-nting the concerns of mDem y letter of rnber 30, 1992 at the muting. I'm heartened that you stated you'r belief that the coa=ns of the conlinu:aity and environmental groups in refinery neighborhoods an,, 1-casonable said l4timale. It is encouraging to bear that the Committee and the Qhaii-agrm However I am troubled by the conclusioa fluit the current "public t"Clubm" Val effectively understand and express, the concerns of the affected cominunitles. The plirpose of a "public member" is to represent the concerns of not otherwise rej)rmuited by "indusLry` members, "fire Chief" 11XI-nbUS, the "labOl" 11MMIXT-, Or the county "health director"' meh' ibcr. The current "public' member has previously been directly employed by "'industry" and currently dbwtly benefits from work contracted by "hiduwy". Ilierefoic any such person prcsCilts a doE conflict QLID=,q with representing the"poblic'told affec"- The Act (AD 100) clearly states in section 51020.5 that the purpose of this law fewAllizCS "a greater effort is required to ensure thea cownunides located new these facilities recieve the best aehlewbk proterdtin", which reopgnizts the importance of involving the Wrnmunity itself in the process. ss' Punler the Act states in 51023.5 that dict cvjrnnitws rcpan shall include: evaluation of r resultilIg rtoll) and any mezndafi(wis regarding the a&qvacy of existing state!'anti federal statutes and mp .111ations infe let .1 10protecl cymintunifies located near oil refineries and chemical plants." it is difficult to understand how this can be,=omplished with9A.1 gagle truly' Jneratbcr on the commitim I am ceminly willing to accept appointment, as you suggest, as a TECHNICAL AT)VISOR. However, I would at*you to consider having the current public member become a TECHNICAL ADVI SOP.and appointing ine to the Tx)sjlion of public member. TWs would lobe more approatc ill that it is sl tcz the r-korthecommi that someone without confifft of interest be representing the people this law is intended to protect. - Please feel free to call me at 415-243-8373 to discuss this proposal. sin=cly, Reality A.�Laarsoi .1141, CBE Campaign Director State Headquarters:501 Second Street,Suite=> Sari Francisco, CA 94107 (415)243-8373 15 Shattuck Square,Sidle 204 122 UnWn Blvd.,Suite 201 Berkeley,OA 04704 Vsi)iee,CA 904UI (510)8,11-6163 �? 0 (310)450-5192