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HomeMy WebLinkAboutMINUTES - 11051996 - D16 r D.16 TO:, BOARD OF SUPERVISORS T Contra 'ROW HARVEY E. BRAGDON Costa DIRECTOR-OF COMMUNITY DEVELOPMENT - Cl.Iurlt� DATE: NOVEMBER 5, 1996 SUBJECT: MODIFICATIONS TO COUNTY CODE CHAPTER 84-63 (LAND USE PERMITS FOR DEVELOPMENT PROJECTS_ INVOLVING HAZARDOUS MATERIALS AND/OR HAZARDOUS WASTES) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. DETERMINE that the proposed modifications to Ordinance 96-20 are exempt from the provisions of CEQA as a Class 8 categorical exemption. 2. ACCEPT the report of the Director of Community Development on the Board of Supervisor Referrals from October 22, 1996; 3. DETERMINE whether to introduce modifications to Ordinance 96-20, waive reading and set November 12, 1996 for adoption; 4. REFER the matter of modifications to the Building code related to building permits for industrial construction to the GMEDA Director and Building Inspector for report and recommendations, and; 5. DIRECT staff to file a Notice of Exemption with the County Clerk. FISCAL IMPACT Unknown. Application fees should cover the costs of processing land use permit which would be required pursuant to the ordinance. Unknown costs for negotiating public safety agreements, unless provisions are included requiring applicants to pay such costs. Substantial property tax losses could result if industries annex to neighboring cities which do not have similar land use regulations. CONTINUED ON ATTACHMENT: ✓ YES SIGNATURE ACTION OF BOARD ON November 5, 1996 APPROVED AS RECOMMENDED x OTHER x See Addendum for List of Speakers and Board action. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _ UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: 1,3,2 NOES: 4 AND ENTERED ON THE MINUTES OF THE ABSENT: 5 ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Dennis M. Barry (510/335-1210) ATTESTED November 5, 1996 cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF County Administrator THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR GMEDA Health Services Director BY DEPUTY DMB\gms p16\bo\HzMt11-5.R pt Modifications to County Code Chapter 84-63 (LUP for Developant Projects Involving Hazardous Materials And/or Hazardous Wastes) Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS On October 22, 1996, the Board directed staff to prepare two versions of the proposed modifications to Ordinance 96-20 for consideration for introduction on November 5, 1996. Those two versions are attached as Attachments A and B. In addition, the Board: Referred ordinance proposals submitted by the Oil, Chemical and Atomic Workers and Shell Oil Company to staff and requested that the proponents of those proposals work with staff to resolve differences and address the issue of preemption by state or federal law; Requested staff to make recommendations on where best to address the issue of modifying the County's Building permit requirements as they relate to industrial facilities; either as a separate code amendment or as part of the modifications to ordinance 96-20; and, Requested staff to further report on the issue of establishing a level of fines by state, regional or local agencies which would correlate to a level of threat to the public health, safety and welfare for the purpose of establishing exemption from the land use permit requirement for major maintenance projects. Attachments A and B These attachments represent the draft ordinance with the point score as currently included (a threshold for land use permits at 80 points) and a proposal for modification (to 60 points), respectively. In addition, Supervisor Rogers in conversations with staff has corrected section 84-63.604(b) to indicate that if more than 50% of a facility is destroyed by the listed causes, the rebuilding would be exempt from land use permit requirements so long as the project meets the enumerated criteria. The prior draft indicated if less that 50% were destroyed, the exemption would apply under those circumstances. It is staffs view that if less than 50% of a facility is destroyed or damaged, the provisions of code section 82-8.004 must apply, and no land use permit will be required if the use is resumed within six months. Supervisor Rogers also indicated that staff incorrectly included off-site fires in the listed causes, and the term "offsite" should be stricken. These changes are included in the supplied drafts. Supervisor Rogers also indicated that he has spoken further with representatives of the industry group regarding section 84-63.425, Public Safety Agreement. Because of the concern of industrial representatives that they cannot with certainty predict maintenance schedules, and concerns expressed regarding competitive position within the industry, Supervisor Rogers is suggesting deleting subparagraph (a) "A schedule of regular maintenance turnarounds at the facility for the life of the agreement." Supervisor Rogers indicates that while some industry representatives to whom he has spoken believe this deletion would improve the ordinance, they remain opposed to its adoption nevertheless. In addition to the previous changes which some industry representatives favored, Supervisor Rogers is also suggesting the following changes to section 84-63.421 which he has not yet discussed with industry representatives: 84-63.421 (a) "Serious Incident." An incident that occurred at a facility involved in the use, storage or handling of hazardous material or waste and that Modifications to County Code Chapter 84-63(LUP for Development Projects Involving Hazardous Materials And/or Hazardous Wastes) Page 3 caused the release of hazardous material or waste that may have posed an imminent threat to the public health, the environment or property and that resulted in any of the following: ...................................................................:....................................................................................................................... 1Gtv& oi'>k:>of te:::: O. >: :.. �3:::: Or�t�nlf: pito >:Ne. :>. ::..:at� i ( ) .:. ........ . ' y . . : :.::::::::: .::::::::::.:: .:::::::::::::::::::::::::::::::::............ shelter-in-place direction issued to potentially threatened populations by the > HSD or other public emergency response officials; .................................... 2 The evacuation of a school, or other public facilit - e1rn <otu >Etls <I ><tes : .Ie :o><> < dlrectlo: ...... :::::::::::::::::::::::::::::::::::::::::::::::.n....::::::::::::: :::.:::::::::::::::: .:::::::._:::::::::::::::::::::::::::: ::.::r ................................................................ ............................................................................................ ........................................................................................................................................................................................... ............................................................................................................................................................................................ 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An incident that occurred at a facility involved in the use, storage or handling of hazardous material or waste and that caused the offsite release of hazardous material or waste that may have posed an imminent threat to the public health, the environment or property and that resulted in any of the following: ........................ ( )1 The death of one or more persons, "` j'in'u '' " ''Sa p .p.:.y................ 1 rY..:::...... .:.y:...:..:::... f1Cfs> fftrl t1 or more persons resulting in :..::......:...:.....::..:...:. �...::.::...:::.:.:::::.................. p. 9 overnight hospitalization, or ' :.; ; ::In u r '` steal>:►:IIrs ........................... ei1g`te 10 or more persons who were seen for medical treatmenta ............ dt . Supervisor Rogers believes these changes provide a minimum set of standards to implement the Board's intent to use objective offsite impacts, not criteria-related to onsite impacts. Alternative Ordinances Submitted by OCA Wand Shell Martinez Manufacturing Staff of the CCCHSD, Community Development Department and the County Counsel spent considerable time and effort in reviewing and modifying the proposals received by the Board of Supervisors on October 22, 1996. In an effort to reach consensus between the Health Department staff and the OCAW and Shell representatives on this approach as an alternative to the Ordinance 96-20 amendments, the features of these proposals were combined into one document, which is transmitted as Attachment C. (Process Safety and Risk Management Ordinance) Although the parties were not unanimous in support of a hearing body appointed by the Board being the final hearing body, the three groups otherwise seemed satisfied that this was otherwise an appropriate alternative means to approach increased industrial safety. Staff also met with these parties and representatives of the Good Neighbor Coalition to determine whether this approach could be successfully pursued. Modifications to County Code Chapter 84-63 (LUP for Development Projects Involving Hazardous Materials And/or Hazardous Waste`s) Page 4 f With respect to the question of preemption, County Counsel expressed the view that serious questions of preemption had been substantially mitigated in the current draft of this ordinance, although some features of the proposal, such as acceleration of the submission of the RMP are not expressly provided for in the statute, nor expressly preempted. Mr. Adams voiced a concern that some portions appeared to only duplicate federal and state provisions and were in his view subject to preemption challenge. Mr. Howard, on behalf of Shell asserted that these provisions were as much subject to preemption challenge as were the modifications to ordinance 96-20. This larger discussion with opponents and proponents of the proposed amendments was instructive in defining two bottom line positions. First, the Industry representatives wish for a final appeal body composed primarily of "technical" types who are well educated and experienced in industrial design, operation and impact, but less subject to political pressures. The Good Neighbor Coalition and OCAW representatives favor appeals to the Board of Supervisors, who are accountable to the voters. Secondly, Mr. Adams felt strongly that the approach, if it were to be pursued, should contain a "poison pill", or internal disincentive to dissuade a facility from bringing a challenge on preemption grounds. Such a mechanism would consist of a provision that upon a final ruling by a court overturning the ordinance or it's application, the provisions of the modifications to ordinance 96-20 would become operative. In general, staff did not perceive a mutuality of interest in pursuing resolution through the proposed alternative ordinance. Building Permit Requirements Staff was requested to evaluate and report on the appropriate means of reviewing and potentially modifying the building code requirements for permits and inspections of industrial facilities, either as part of the modifications to Ordinance 96-20, or a separate ordinance. Staff has previously reported that the GMEDA Director has proposed a review of the permitting process for these facilities to determine the most efficient and effective manner to address the issue. Accordingly, staff has deleted the section on building permits from the ordinance modifications presently being considered, and recommends that the matter be referred to the GMEDA Director and Building Inspector for further report and recommendations. Use of Fines as Indicator of Incident Severity for Purposes of Exemption Staff of the Health Services Department discussed this issue with Jim Guthrie, Director of Enforcement for the Bay Area Air Quality Management District. Mr. Guthrie suggested that a level of $10,000 in civil penalties to the district would be in keeping with the in keeping with the intent of the Ordinance 96-20 definition. He indicated that all such incidents would be serious, and while some incidents below that level of fine may be serious, not all below that level would be serious. In general, he again cautioned that use of the fine schedule for the district does not lend itself well to the contemplated use, but if the Board determined to do so, $10,000 was his suggested level. Additional Material Received On October 30, 1996, staff received a letter from Mr. Tom Adams on behalf of the Building Trades Council regarding proposed additional criteria for defining "serious incident." That letter is being transmitted along with this report. Modifications to County Code Chapter 84-63 (LUP for Development Projects Involving Hazardous Materials And/or Hazardous Wastes) Page 5 Planning Commission Hearing On October 29, 1996, the County Planning Commission took additional testimony on this matter and further continued the hearing to November 5, 1996. This report is also being forwarded to the Planning Commission in order that the additional proposals contained in it may be considered prior to the Commission forwarding its recommendations to the Board of Supervisors. s r • /b ttachMeht A ORDINANCE NO. 96- (Amending Ordinance Requiring Land Use Permits for Development Projects Involving Hazardous Waste or Hazardous Material) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the enacted or amended provisions of the County Ordinance Code): SECTION 1. SUMMARY. The County Ordinance Code requires land use permits for specified development projects involving hazardous waste or hazardous material. This ordinance repeals Chapter 84-63, added by Ordinance No. 96-20, and adds a new Chapter 84-63 in its place. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84- 63.12 of Chapter 84-63, as added by this ordinance, sets forth revised criteria for land use permits for development projects involving hazardous waste or hazardous material which encourages business and other entities, in planning the project, to give greater emphasis to factors which involve potential health and safety risks to the surrounding community. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of new Chapter 84-63 provide for additional public safety by requiring land use permits for a broader range of development projects which couldadversely affect public health, safety and the environment. Article 84-63.12 of Chapter 84-63, added by Ordinance No. 90-73, renumbered and readopted in its entirety as Article 84-63.14 by Ordinance No. 96-20, is unchanged. SECTIf)N 11. Chapter 84-63 of the County Ordinance Code, added by Ordinance No. 86-100 and amended by Ordinances Nos. 91-49, 90-92, 90-73 and 96-20, is repealed in its entirety, and is replaced by new Chapter 84-63, added by Section III of this ordinance. SECTION 111. Chapter 84-63 is added to the County Ordinance Code, to read: CHAPTER 84-63 LAND USE PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIAL Article R4-6'q.2 -neral R4-6R.202 Purpnsp. The purpose of this chapter is to promote the health, safety and general welfare of residents and persons in the County by encouraging businesses and other entities, in planning and developing projects involving hazardous material or hazardous waste, to consider factors which involve potential health and safety risks to the surrqunding community, and by requiring land use permits for ORD. 96- Proposed Revisions October 30, 1996-V1 - 1 - � r • A/I development projects which could significantly and adversely affect public health, safety and the environment. (Ords. 96-20 § 3, 90-92, 86-100.) 84-63.204 Cnnflict. This chapter is not intended, and should not be deemed, to prevent or preempt compliance with federal or state laws, regulations, rules or orders, or to excuse compliance with any other County ordinance, including other requirements of this code. (Ords. 96-20 § 3, 86-100.) Article 84-63.4 DPfinitinns M-63.402 General, As used in this chapter, the words and phrases defined in this article shall have the meanings given unless the context otherwise requires. (Ord. 96-20 § 3.) 84-63.404 "RasPlinP PPrind." "Baseline period" means the consecutive twelve month period of time during which activity is measured for purposes of this chapter. The baseline period shall be any twelve consecutive month period within five years of the date of the submittal of the application that is reflective of a normal year of operation. (Ord. 96-20 § 3.) 84-63.406 "Channe-in-risk prn;Prt." A "change-in-risk project" means a new use of an existing building, structure, or facility, not involving construction other than minor alterations, which use will involve a hazardous material or hazardous waste in a higher hazard category and which use will result in a hazard score higher than the hazard score of the previous use. (Ord. 96-20 § 3.) 84-63.408 ".Commercial property." "Commercial property" means all properties with a commercial designation in the general plan including but not limited to the following: regional commercial, airport commercial, office, and business park. (Ord. 96-20 § 3.) 84-63.410 "DevelnpmPnt projert." (a) A "development project" means a new permanent building, structure or facility to be constructed that will manage hazardous materials or hazardous waste, or a permanent change-in-risk project. As used in this section, "permanent" when used to describe a building, structure, or facility, or the new use of an existing building, structure, or facility (change-in-risk project) means that the building, structure, facility or use is intended to be in operation for more than six months. ORD. 96- Proposed Revisions October 30, 1996-V1 -2- a r • (b) A "development project" does not include: (1) Pipelines and related equipment more than 300 feet from commercial or. residential property. Related equipment includes, but is not limited to, items such as valves, fittings, pipe supports, insulation, instrumentation, corrosion protection systems, heat tracing systems, leak containment systems and fire protection systems. Related equipment does not include storage tanks, storage vessels, process units or plants, mechanical rotating equipment (pumps, compressors, motors, turbines, internal combustion engines, etc.) and fired equipment (furnaces, boilers, incinerators). However, the Zoning Administrator may determine, at their sole discretion, that minor equipment defined above as not related is exempt from the ordinance. (2) Any project other than a major maintenance project consisting only of maintenance, repair, and replacement or minor modification of existing equipment provided the storage design capacity is not increased and the hazard category of hazardous material or hazardous waste handled is not increased. (3) Any transportable treatment unit that has obtained all required permits and is used solely for site remediation or waste treatment purposes, provided the transportable treatment unit will be located on site for a maximum time limit of one year. The Director of Community Development will have the authority to grant a one time one year extension if the applicant can demonstrate to the satisfaction of the Director that the unit is temporary. Otherwise, a land use permit will be required if the unit will remain on site beyond the time limit specified above. (4) Any project for which permit applications have been deemed complete on or before the effective date of this chapter by the Bay Area Air Quality Management District or other government agency with jurisdiction over the project. The proponent of a project described by subsection (4) of subdivision (b) of this section may elect to be subject to the requirements of this chapter in lieu of any requirements in effect prior to the effective date of this chapter. (Ords. 96-20 § 3, 90-92, 86-100.) 84-63.412 "Dispnsa." "Dispose" means to discharge, deposit, inject, dump, or place any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (Ords. 96-20 § 3, 86-100.) R4.-63.414 uipm _nr," "Equipment" means pipes, pumps, vessels and other similar types of apparatus. (Ord. 96-20 § 3.) ORD. 96- Proposed Revisions October 30, 1996-V1 -3- R4-63.416 "Facility," "Facility" means a group of buildings, structures, or units with the same purpose on contiguous parcels (including parcels separated by a right-of-way, as defined in section 1002-2.002 of this Code) under common ownership or control. (Ord. 96-20 § 3.) R4-R-'4-41R "Ha7ardntis material," "Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment, and includes any material that is listed in the Code of Federal Regulations, Title 49, Section 172.101 (Hazardous Materials Table), as amended from time to time. (96-20 § 3, 86-100.) 84-63-420 "Ha7ardous waste." "Hazardous waste" means any substance which is regulated as a hazardous waste by the California Department of Health Services under 22 California Administrative Code, Division 4, Chapter 30, or defined as a hazardous waste under Health & Safety Code section 25117, generally as follows: (a) "Hazardous waste" means either of the following: (1) A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristic may either: (A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness. (B) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (2) A waste which meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Toxic Substance Control pursuant to the Health & Safety Code section 25141 . (b) "Hazardous waste" includes, but is not limited to, federal Resource Conservation and Recover Act ("RCRA") hazardous waste, extremely hazardous waste and acutely hazardous waste. (Ords. 96-20 § 3, 86-100.) 84-63.421 (a) "Serious Incident." An incident that occurred at a facility involved in the use, storage or handling of hazardous material or waste and that ORD. 96-_ Proposed Revisions October 30, 1996-V1 -4- � I • 4 caused the release of hazardous material or waste that may have posed an imminent threat to the public health, the environment or property and that resulted in any of the following: (1) A shelter-in-place direction issued to potentially threatened populations by the HSD or other public emergency response officials; (2) The evacuation of a school, or other public facility; and (3) A large fire which lasted for more than 15 minutes. (b) "Major Incident." An incident that occurred at a facility involved in the use, storage or handling of hazardous material or waste and that caused the offsite release of hazardous material or waste that may have posed an imminent threat to the public health, the environment or property and that resulted in any of the following: (1) The death of one or more persons, injury to one or more persons resulting in overnight hospitalization, or injury to 10 or more persons who were seen for medical treatment at a hospital. R4-M-4911-5 "Mainr MaintPnanne Project." A major maintenance project is the scheduled, periodic cleaning, inspection, repair of process units, piping, or process or storage vessels which handles hazardous materials or hazardous waste. The maintenance will also require that the unit be temporarily taken out of service for more than two (2) weeks, provided that the cost of the maintenance work is $1 million or more. The $1 million will exclude the costs of overhead, planning, engineering, and other pre-construction costs. 84-63,4 "Manage." "Manage" means to generate, treat, store, transport, use or dispose of hazardous material or hazardous waste. (Ords. 96-20 § 3, 86-100.) R4-6-1-493 "Prnr_ess Hnit". "Process unit means any equipment or structures containing an activity involving a hazardous chemical or waste including any use, storage, manufacturing, handling, or the on-site movement of such chemicals, or combination of these activities. For purposes of this definition, any group of vessels which are interconnected shall be considered a single process. 84-63-424 "Project D .s _riptinn." "Project description" means a written description and explanation of the construction and operation of a development project. A project description shall address all phases of and for the life of the project. ORD. 96- Proposed Revisions October 30, 1996- V1 -5- a r • The project description shall include the following information as well as any other information deemed necessary by the Community Development Director for the purpose of determining the hazard score: (a) A description of the facility location with respect to major freeways and immediate neighbors, and the size (in square footage or acreage) of the property on which the facility is located; (b)' An area map showing the facility in relationship to the surrounding community; (c) . A description of all significant operations involving hazardous material and/or hazardous waste currently being managed, and/or proposed to be managed, including a brief general history of the facility; and d) A summary of the baseline data for all five years and a justification for the selection of the representative baseline year of data used in the calculation of the hazard score. The Community Development Director may waive the requirement of submitting any or all of the information required by paragraphs (a) through (d), above. (Ord. 96-20 § 3.) $4-63.425 "Puhlic Safety Agr _P�ment." A Public Safety Agreement is an agreement between the County and a facility providing standards, procedures, and inspections to assure that the facility protects public and worker safety and the environment from accidents due to material failure, mechanical or equipment failure, failure to adhere to practices and procedures, off-site events, and human error and providing measures to promote a strong and balanced County economy. A Public Safety Agreement shall address, at a minimum, the following: (a) A schedule of regular maintenance turnarounds at the facility for the life of the Agreement; (b) A commitment to use the best technology for safety improvements; (c) Permission for the County to enter the premises for inspections; (d) Specify changes in operations and facilities included in the maintenance projects; (e) Commitment to do and publicize design.safety review; ORD. 96-_ Proposed Revisions October 30, 1996-V1 -6- a , • 5 (f) The Public Safety Agreement should provide a range of dates for maintenance; these dates may be extended by the County for the purpose of assuring state fuel supplies; and (g) Provisions that would permit the completion of necessary work discovered to be necessary in the course of a major maintenance. 84-63-426 "Residential property". "Residential property" means all properties with a residential designation in the general plan, including but not limited to the following: single family residential, multiple family residential, and mobile homes. (Ord. 96-20 § 3.) R4-63.42R "Sensitive receptor." The term "sensitive receptor" includes schools, general acute care hospitals, long-term health care facilities, licensed child day care facilities, and similarly less-mobile populations, and detention facilities including jails, youth camps and other locked facilities. These facilities have more than twelve people. For the purposes of this section, "general acute care hospital" has the meaning set forth in Health and Safety Code section 1250(a), "long term health care facility" has the meaning set forth in Health and Safety Code section 1418(a), and "child day care facility" has the meaning set forth in Health and Safety Code section 1596.750. "School" means any school used for the purpose of the education of more than 12 children in kindergarten or any grades 1 to 12, inclusive. (Ord. 96-20 § 3.) R4-63-4.10 "Stnre." "Store" means an act to contain hazardous waste or hazardous material for any period of time in such a manner as not to constitute disposal of such hazardous waste or hazardous material. (Ords. 96-20 § 3, 91-49, 86-100.) 84-83.432 "Transport." "Transport" or "transportation" means an act to move hazardous waste or hazardous material by truck, rail, ship or pipeline. (Ords. 96-20 § 3, 86-100.) Article R4-63.6 Applirahitity $4-63.602 Annlicahility_ Except as otherwise provided in this chapter, any person proposing a development project or a major maintenance project which might otherwise be allowed in any non-agricultural zoning district shall be subject to the provisions of this chapter. , (Ords. 96-20 § 3, 86-100.) 84-63.604 Fxemptenns_ The following projects and structures are exempt from the provisions of this chapter: ORD. 96- Proposed Revisions October 30, 1996-V1 -7- a t • (a) Any project built solely to comply with federal, state, regional or local agency enforcement orders under a compliance time schedule that precludes timely review under this chapter. This section is primarily intended to allow exemptions for compliance with laws, regulations, rules, or administrative or judicial orders such as nuisance abatement orders or other short-term or immediately necessary actions. This section is not intended to allow automatic exemptions for projects being undertaken to comply with changed federal, state, regional or local laws. A facility claiming an exemption under this section, must file a copy of the enforcement order and proposed project description within thirty (30) days of receipt of the order. (b) If more than fifty percent (50%) of the value of a facility is destroyed or damaged by disasters such as earthquakes, floods, fires, or an act of god or the public enemy, the building, facility or structure may be rebuilt under the following conditions: (1) The rebuilt project is used for the same purpose as the destroyed damaged project; (2) The rebuilt project complies with all environmental regulations in effect at the time of rebuilding, including Best Available Control Technology (SACT) or at least the same level of control that previously existed, whichever provides the greater level of protection to the public; (3) The rebuilt project has a hazard score fifty percent (50%) lower than the destroyed or damaged project (both rebuilt and destroyed or damaged project to be scored as if they are new); (4) The hazard category of chemicals used in the rebuilt project is not greater than used by the destroyed or damaged project; (5) Construction is commenced within one year unless an extension is granted by the Community Development Director; (6) The rebuilt project is at least 300 feet away from the nearest residential property or sensitive receptor and no closer to the nearest residential property or sensitive receptor than the destroyed or damaged project; and (7) The rebuilt project will not manage Hazard Category A materials in quantities greater than the destroyed or damaged project, will not manage hazardous wastes in quantities greater than the destroyed or damaged project, will not manage Hazard Category B materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project, and will not manage Hazard Category C materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project. ORD. 96- Proposed Revisions October 30, 1996-V1 -8- a , • -D. / (c) A development project in which both the size, as defined in section 84- 63.1012 and the monthly transportation quantity are less than: (1) for Hazard Category C materials - 4000 tons (2) for Hazard Category B materials - 5 tons (3) for Hazard Category A materials - the quantity specified as the Threshold Planning Quantity on the Extremely Hazardous Materials List (Appendix A to 40 C.F.R Chapter I, Subchapter J, Part 355, as amended from time to time), or 500 pounds, whichever is less. (Ords. 96-20 § 3, 90-92, 86-100.) (d) A major maintenance project covered by a Public Safety Agreement entered into by the County and the facility within five years prior to the time the major maintenance project application is submitted to the department. (Ords. 96-_§3, 96-20, 90-92, 86-100) (e) A major maintenance project at a facility not covered by a Public Safety Agreement provided that the facility has neither had three serious incidents as defined in Section 84-63.421(a) nor any major incidents as defined in Section 84-63.421(b) within five (5) years prior to the time the major maintenance project schedule notification is submitted to the department. The major maintenance project must commence within six months of the notification. (f) Emergency repairs to or replacement of equipment damaged in an explosion, fire or other unexpected event. Such repairs and replacements must be required in order to resume operations. These emergency repairs and replacements are excluded from the provisions of section 84-63.421 .5. Emergency repairs and replacements are subject to the following conditions: (1) the repaired and replaced equipment is used for the same purpose as the damaged equipment, (2) the replaced equipment does not have a higher hazard score than the original equipment, with both the old and new being scored as new equipment, (3) the repaired or replaced equipment will not handle a higher hazard category of chemicals than the original equipment, (4) repairs and replacements are commenced within 30 days after release of the damaged area by an investigating agency. R ORD. 96-_ Proposed Revisions October 30, 1996-V1 -9- it (g) A major maintenance project at a facility covered by a Risk Management Plan (RMP) in compliance with Section 112(r) of the Clean Air Act, its implementing regulations and State Health Prevention Program (RMPP) in compliance with Health and Safety section 25536.5, provided: (1) For purposes of the RMP or RMPP, all materials and wastes classified as Hazard Category A or B under this ordinance shall be deemed to be "regulated substances," except that for materials and wastes without a threshold quantity specified in state or federal law or regulation, the threshold quantity shall be 10,000 pounds; (2) The RMP or RMPP has been reviewed and approved by the HSD within three years prior to the time the major maintenance project application is submitted to the Department; (3) The RMP or RMPP includes any measures which the HSD has determined, after at least a 45-day public comment period, are reasonably necessary, taking into account technological feasibility and cost effectiveness, to make the RMP or RMPP effective to protect the environment and the health or safety of persons from potentially substantial risks; (4) The facility has been subjected to an annual audit by the HSD to determine compliance with the RMP and RMPP, and measures required by the HSD pursuant to subparagraph 3 above of this subsection, and the facility has implemented, or has agreed to implement within a reasonable time period, all corrective measures required by the HSD; and (5) There has been an opportunity for any member of the public to obtain review of any determinations by the HSD by the County Board of Supervisors. 84-63.606 Fxe�mntio_n. On the effective date of this chapter, any proposed development project which is subject to the provisions of this chapter, and which has obtained all required federal and state permits and other governmental authorizations to manage hazardous waste or hazardous material including, but not limited to, permits or authorizations under the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), Health and Safety Code Chapter 6.5 (§ 25100 et seq.), Hazardous Waste Control, Health and Safety Code Chapter 6.7 (§ 25280 et seq.), Underground Storage of Hazardous Substances, Health and Safety Code Chapter 3.5 (§39650 et seq.), Toxic Air Contaminants, and Food and Agriculture Code Section 14021 et seq., and which has complied with the requirements of the Hazardous Substances Information and Training Act (Labor Code Section 6360 et seq.) shall be exempt from the requirements of this chapter. (Ords. 96-20 § 3, 86-10,0.) ORD. 96- Proposed Revisions October 30, 1996-V1 - 1 O- o i� Artirle M-63 R Standards and Pro _edur _-q R4-R3_R02 Applicatinn for Applicahility Determination; Exemotinn, Any person proposing a development project which may be used to manage hazardous waste or hazardous material shall apply to the Community Development Director for review and a determination whether a land use permit may be required under Article 84-63.10 or whether the project is exempt under section 84-63.604(a) or (b) or 84-63.606. Projects exempt under section 84-63.604(c), (d) and (f) are not required to submit an application pursuant to this section. If the hazard score of a project is 69 or less and the project does not increase the amount of hazardous waste or hazardous- material managed as compared to the baseline of the last three years, a determination of non- coverage and an application therefor are not required. The application shall include all information necessary to complete and verify the hazard score of the project, such as chemical identification, distances to nearest receptors, transportation routes, and the five-year baseline data. The application shall be accompanied by all fees established by the Board of Supervisors. (Ords. 96-20 §3, 91-49, 90-92, 86-100.) $4-63-R04 Application, Review, Determination. No later than ten calendar days after receipt of an application, or the submittal of additional information, the Community Development Director shall inform the applicant in writing that the application is complete or shall inform the applicant what additional information is required. Within twenty calendar days of the application being deemed complete, the Community Development Director shall issue a written determination of non-coverage pursuant to section 84-63.806, an exemption pursuant to section 84-63.604(a) or (b) or 84-63.606, or a determination that a land use permit is required pursuant to section 84-63.1002. (Ords. 96-20 § 3, 90-92.) 8463-R06 Determination of non-coverage. Upon determining that a proposed project has a hazard score up to and including 79 or that the project is exempt pursuant to section 84-63.604 or 84-63.606, the Community Development Director shall issue a determination of non-coverage or exemption. A determination of non- coverage for projects with a hazard score between 70 and 79 inclusive, means that the project is not subject to the requirements of article 84-63.10, but is subject to sections 84-63.808 and 84-63.810. Projects with a hazard score below 69 and projects which are exempt pursuant to sections 84-63.604 and 84-63.606 are not subject to the requirements of sections 84-63.808 and 84-63.810. (Ord. 96-20 § 3.) R ORD. 96- Proposed Revisions October 30, 1996-V1 , s R4-6'A-ROR Determinations - Publin Nntice. All determinations of non-coverage made pursuant to section 84-63.806 shall be summarized on an agenda of the County Zoning Administrator within ten calendar days of issuance of the determination. (Ords. 96-20 § 3, 91-49, 90-92, 86-100.) 84-63.610 Determinations - Further Puhlir- Nntirp-. For projects with a point assignment between 70 and 79, inclusive, within five working days of issuing a determination of non-coverage, the Community Development Director shall mail notice on the date of the determination to all organizations and individuals who have previously submitted a written request for such notice. The Community Development Director shall publish a four-inch by six-inch advertisement in a newspaper of general circulation within ten calendar days of issuing a determination of non-coverage. The notices required by this section shall state the name of the applicant, briefly describe the project, provide the names and phone numbers of a representative of the Community Development Department and a representative of the applicant who will be available to answer questions about the project, and shall state the date by which an appeal must be filed. (Ords. 96-20 § 3, 91-49, 90-92.) R4-63_R12 Appeals. Any appeal of a determination of non-coverage shall be filed within ten calendar days of the date the determination is listed on the Zoning Administrator's agenda or ten calendar days from the date of publication pursuant to section 84-63.810, whichever provides the longer period of appeal. Appeals from a determination of non-coverage shall be heard by the Board of Supervisors. Except as expressly provided in this section, appeals from all decisions and determinations made pursuant to this chapter shall be governed by the land use permit provisions of article 26-2.24 and are subject to the provisions of article 26-2.30. (Ords. 96-20 § 3, 86-100.) Article R4-63.10 Land Use Permits - When Re sir _d $4-63.1002 Hazard Sere; Permit Required, Unless otherwise exempt from the requirements of this chapter, a land use permit shall be required for a development project proposed for the management of hazardous material and/or hazardous waste if the development project obtains a hazard score of 80 or more pursuant to the formula set forth in section 84-63.1004, or for a major maintenance project, subject to the provisions of this article. (96-20 § 3.) ORD. 96- Proposed Revisions October 30, 1996-V1 -12- 84-63.1004 Hazard Scor (a) Formula. The hazard score of a proposed development project shall be determined pursuant to the following formula: UT + C + P) x HI + D + A + R; where the following symbols have the following designations: "T" refers to the point assignment for "Transportation Risk"; "D" refers to the point assignment for "Community Risk - Distance from Receptor"; "C" refers to the point assignment for "Community Risk - Type of Receptor"; "A" refers to the point assignment for "Facility Risk - Size of Project - Total Amount"; "P" refers to the point assignment for "Facility Risk - Size of Project - Percent Change"; and "H" refers to the point assignment for "Hazard Category of Material or Waste." "R" refers to the "incident record" of the facility. (b) PrniPct Hazard S .nr .. If more than one category of hazardous material or hazardous waste is used, the formula set forth in this section will be used to calculate a separate score for each material category. The material hazard category which results in the highest hazard score for the project will be used. (c) Pnint Assignment. The factors set forth in subdivision (a), above, shall have the following point assignments: TRANSPORTATION RISK (T) POINTS Truck - residential/commercial 10 (>25% increase or new) Truck - residential/commercial 9 (>5 - 25 % increase) Truck - Industrial (>25% increase or new) 8 Truck - Industrial (>5 - 25% increase) 7 Rail - (>25% increase or new) 6 ORD. 96- Proposed Revisions October 30, 1996-V1 -13- a r • Rail - (>5 - 25% increase) 5 Ship - (>5% increase) 3 Pipeline - (>5% increase) 1 0 - 5% increase 0 COMMUNITY RISK Distance of proinct from r _c _ptnr (D); 0-300 feet 30 >300 - 400 feet 29 >400 - 550 feet 28 >550 - 700 feet 27 >700 - 900 feet 26 >900 - 1200 feet 25 > 1200 - 1500 feet 24 > 1500 - 1800 feet 23 > 1800 - 2100 feet 22 >2100 - 2500 feet 21 >2500 - 2800 feet 20 >2800 - 3200 feet 19 >3200 - 3500 feet 18 >3500 - 3800 feet 17 >3800 - 4000 feet 16 >4000 - 42QO feet 15 ORD. 96- Proposed Revisions October 30, 1996-V1 -14- >4200 - 4500 feet 14 >4500 - 4800 feet 13 >4800 - 5400 feet 12 >5400 - 5700 feet 11 >5700 - 6000 feet 10 >6000 - 6500 feet 9 >6500 - 7300 feet 8 >7300 - 8000 feet 7 >8000 - 8600 feet 6 >8600 - 10,000 feet 5 > 10,000 - 11,000 feet 4 > 11,000 - 12500 feet 3 > 12,500 - 14,000 feet 2 > 14,000 - 15,840 feet 1 Typp of recentnr (C): Sensitive receptor 7 Residential Property 5 Commercial Property 4 FACILITY RISK- R17F OF PRO 1 T Tntal Amnunt of r_hange, tons (Conversion to tons; 1 ton = 2000 pounds) (A): >40,000 30 >32,000 - 40,000 29 ORD. 96- Proposed Revisions October 30, 1996-V1 -15- a t ♦ _ fr' �, / lP 4. >18,000 - 32,000 28 >10,000 - 18,000 27 >6,000 - 10,000 26 >4,000 - 6,000 25 >2,100 - 4,000 24 > 1,200 - 2,100 23 >750 - 1,200 22 >400 - 750 21 >200 - 400 20 > 150 - 200 19 >90 -150 18 >50 - 90 17 >30 - 50 16 >20 - 30 15 > 10 - 20 14 >6 - 10 13 >4 - 6 12 >2 - 4 11 > 1 - 2 10 >0.8 - 1 9 >0.5 - 0.8 r 8 >0.35 - 0.5 7 >0.25 - 0.31 6 GRD. 96-- Proposed Revisions October 30, 1996-Y1 - 16- a r • >0.20 - 0.25 5 >0.18 - 0.20 4 >0.14 - 0.18 3 >0.12 - 0.14 2 >0.10 - 0.12 1 no change (0.10 or less) 0 Percent Channp (P) New 6 >200% 5 > 100% - 200% 4 >50% 100% 3 > 10% - 50% 2 > 1 % - 10% 1 0% - l % 0 HAZARD CATEGORY OF MATERIAL (H) Category A 5 Category B 3 Category C 1 ORD. 96- Proposed Revisions October 30, 1996-V1 -17- a • RECORD OF INCIDENTS (R) >3 5 2 3 1 2 0 -5 (d) Orgdit for reductions nr prniprts to he closed. A development project that would have a hazard score of 80 or more as determined by the formula in this section shall be entitled to a reduction credit for project closures and/or reductions in accordance with the criteria set forth in this subdivision. Reduction credit shall be given if the Community Development Director determines that the applicant will concurrently close another project or reduce its operations and finds that all of the following criteria are met: (1) The project to be closed or reduced is in the same facility in which the development project is proposed. (2) The project to be closed or reduced is currently in operation and has been in operation for at least three years prior to the date of application, during which period the production schedule has been reflective of a normal production schedule; (3) The project to be closed or reduced is the direct result of the proposed development project; (4) The project to be closed or reduced has a higher hazard score than the proposed development project; (5) The hazard category of the material or waste in the development project will be no greater than the hazard category of the material or waste in the project to be closed or reduced; and (6) The development project will be more than 300 feet from the property line of the nearest residential property or sensitive receptor. The hazard score for the project to be closed shall also be determined by the formula set forth in subdivisions (a) and (b) of this section and pursuant to the provisions of this article. In determining the hazard score for the project to be closed or reduced, said project shall be deemed a new project. ORD. 96-_ Proposed Revisions October 30, 1996-V1 -18- �. 16, s. The hazard score of the development project shall be subtracted from the hazard score of the project to be closed or reduced. The resulting difference will then be subtracted from the hazard score of the development project to obtain a hazard score adjusted for the closure or reduction. The adjusted hazard score shall be the basis for determining whether a land use permit shall be required under this chapter. A determination by the Community Development Director that a project is not subject to the land use permit requirement of this chapter as a result of credit afforded for a project closure or reduction shall be reported to the Zoning Administrator pursuant to section 84-63.808 and shall be subject to the public notification requirements set forth in section 84-63.810. (e) Closure, mductinn req �i�rp_d. Projects proposed for closure or reduction for which closure or reduction credit was afforded under this section shall be closed or reduced as proposed within one year of completion of the development project. This subdivision (d) applies only in cases where a land use permit would have been required but for the closure or reduction credit afforded under this section. (96-20 § 3.) 84-6:4-1006 Determinatinn of Transportation Risk. The transportation risk point assignment shall be calculated based upon planned total quantities of materials in a hazard category, measured in terms of tons per year for each hazard category proposed. The transportation risk point assignment shall be calculated for each mode of transportation proportionally within a single hazard category. That transportation point assignment shall be compared by hazard category with the total amount of material in the hazard category transported during the baseline period in order to obtain the percent change in section 84-63.1004(b), Transportation Risk. For purposes of determining whether truck transportation is through residential/commercial or industrial areas, the shortest legal route from the closest two-lane (or larger) freeway shall be considered. If the route used in the County does not traverse a two-lane (or larger) freeway, the entire route shall be considered. (Ord. 96-20 § 3.) 84-63.1008 Determinatinn of Cnmmunity Risk - Distance to Recpptnr, "Distance to Receptor" shall be the shortest distance between an exterior wall or other part of the development project and the property line of the residential property, commercial property or the sensitive receptor used to determine the hazard score of a development project. (Ord. 96-20 § 3.) 84-63.1010 Determinatinn of Community Risk - Type of Receptor. A hazard score shall be developed for each type of receptor (residential property, commercial property and sensitive receptor) within three miles of the development project based upon the distance of the parcel of each type of receptor that is closest to the ORD. 96- Proposed Revisions October 30, 1996-V1 - 9- • ►° development project. The receptor that produces the highest hazard score shall be used to determine the hazard score of the development project. Receptors more than three miles from a development project shall not be considered. (Ord. 96-20 § 3.) R4-63.1012 Determination of Prni _ _t Risk - S*7a. The size of a development project shall be measured in terms of tons of hazardous material and/or hazardous waste stored as a result of the development project, based upon the fill-to-the- maximum capacity of the development project, including amounts stored in tanks; reactors; columns; process lines; tank cars, tank trucks or rail cars when connected to process equipment; or any other receptacle used for the containment of hazardous materials and/or hazardous wastes. The amount of material in hazard categories A, B, or C to be added to the site as a result of the development project will be used to determine the total amount of change. If more than one category of hazardous material is used, the amounts of materials (A, B, or C) shall be used with the respective hazard category in the formula in section 84-63.1004. The specific gravity of hazardous materials or hazardous wastes may be required to calculate the number of tons (or pounds) of hazardous materials and/or hazardous waste managed at the development project. The standard of 2000 pounds equaling one (1) ton shall be used. The point assignment for storage of containerized material in buildings, such as labs or warehouses, shall be based upon the maximum anticipated amount of materials for each hazard category as a result of the development project. (Ord. 96-20 § 3.) R4-63.1014 Determinstinn of PrniPrt Risk - Percent Change. The percent change of a hazard category shall be determined by comparing the amounts of materials for the respective hazard categories A, B, or C to be added to the site as a result of the development project to the total amount of all materials for the respective hazard categories A, B, or C handled at the site from the baseline period. R4-63.1016 Determinatinn of Hazard Categary. (a) Methnd of Determinstinn. The hazard category of a material or waste shall be determined pursuant to this section. (1) The primary method of determining the material hazard category of a hazardous waste or material shall be by reference to the Winter 1994 version of the U.S. Department of Transportation ("D.O.T.") Code of Federal Regulations, Title 49 ("49 CFR"), Section 172.101, Hazardaim Materials TahlP," From columns (3) and (5), extract the "Hazard Class or Division" and "Packing Group" information, then proceed to 49 CFR 173.2 to determine the "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. If a material is Jisted in 49 CFR 172.101 more than once, the rating that ORD. %- Proposed Revisions October 30, 1996-V1 -20- f' 1 1 40 results in the highest hazard category shall be used. The hazard category of a mixture is determined according to its common name as defined in Title 49. (2) Where a hazardous material or waste or mixture is not referenced in 49 CFR 172.101, and the hazard category cannot be determined using the primary method, refer to the materials safety data sheet for the D.O.T. "Hazard Class or Division," "Packing Group" and "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. (3) Where the preceding methods are not successful, the Contra Costa County Health Services Director or his/her designee shall be responsible for determining a material's hazard category. (4) Regardless of the hazard category obtained using the methods set forth above, materials with the word "poison" in column (6) of 49 CFR 172.101, Methyl chloride, and the metals Antimony, Mercury, Lead, Arsenic, Thallium and Cadmium and their compounds, shall be Hazard Category A materials, and denatured alcohol and methanol shall be Hazard Category B materials for purposes of this chapter. (b) Exclusions, Regardless of the hazard category obtained using the methods set forth in subdivision (a), above, Hot Coke, Hot Coal Briquettes, and materials not regulated by D.O.T. or which have no D.O.T. Hazard Class or Division are not regulated by this chapter. (c) Hazard Catpqnrips. Hazard Catagory A Materials I. Forbidden Materials As referenced in 49 CFR 173.21 and 173.54. II. Explosives and Blasting Agents Class 1, as defined in 49 CFR 173.50(b)(1) through 173.50(b)(6). III. Reactive Materials A. Air Reactive Materials - Class 4, Division 4.2 as defined in 49 CFR 173.124(b)(1) and (�). B. Water Reactive Materials - Class 4, Division 4.3 as defined in 49 CFR 173.124(c). ORD. 96- Proposed 6 Proposed Revisions October 30, 1996-V1 -21 - C. Organic Peroxides - Class 5, Division 5.2 as defined in 49 CFR 173.128. IV. Radioactive Materials Class 7 as defined in 49 CFR 173.403(y). V. Oxidizers D.O.T. Packing Group 1 Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group I is required per 49 CFR 173.127(b)(2)(1). VI. Poisons, D.O.T. A. Poisons, Class 6, Division 6.1 as defined in 49 CFR 173.133 (applies to all hazard zones). B. Infectious Substances, Class 6, Division 6.2 as defined in 49 CFR 173.134. VII. Poison Gas Class 2, Division 2.3 as defined in 49 CFR 173.115(c). Hazard Category B Materials VIII. Flammable Liquids Class 3 Packing Groups I and II as defined in 49 CFR 173.120(a). IX. Flammable Solids Class 4, Division 4.1 as defined in 49 CFR 173.124(a). X. Oxidizers, D.O.T. Packing Group 11 Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group 11 is required per 49 CFR 173.127(b)(2)(ii). XI. Flammable Gases , Class 2, Division 2.1 as defined in 49 CFR 173.115(a). ORD. %- Proposed Revisions October 30, 1996-V1 -22- D. 4 XII. Corrosives, D.O.T. Packing Group I or 11 Class 8 Packing Groups I or II as defined in 49 CFR 173.136(a) and 173.137(a) and (b). Hazard Categnry_C Materials XIII. Non-flammable Compressed Gases Class 2, Division 2.2 as defined in 49 CFR 173.115(b). XIV. Combustible Liquids Class 3 Packing Group III as defined in 49 CFR 173.120(b). XV. Miscellaneous Hazardous Materials Class 9 as defined in 49 CFR 173.155. XVI. Oxidizers D.O.T. Packing Group III Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group III is required per 49 CFR 173.127(b)(2)(iii). XVII. Corrosives D.O.T. Packing Group III Class 8 Packing Group III as defined in CFR 49 173.136(a) and 173.137 (c). (Ord. 96-20 § 3.) R4-63.1018 Determinatinn of Incident Rernrd_ The determination of a facility's record shall be made by determining how many incidents occurred at the facility during the three years immediately preceding the project application. (Ord. 96--§3.) Article 84-61.12 I_and lJ-e and Variance Permit- $4-63-1 202 Grantina. An applicant for a land use permit shall submit a project description. Land use permits required under this chapter may be granted in accordance with the provisions of chapters 26-2 and 82-6. (Ords. 96-20 § 3, 86-100.) ORD. 96-_ Proposed Revisions October 30, 1996-V1 -23- Arti .le 84-61.14 Offsite Ha.zardnus Waste Fa .ility Comi3lianca With County Hazardous Waste ManaPment Plan 84-61-1402 Aiithnrity. This article is enacted pursuant to Health and Safety Code sections 25135.4 and 25135.7, concerning the siting of offsite hazardous waste facilities. (Ords. 96-20 § 3, 90-73.) g4-63-1404 Definitinns. (a) General. Unless otherwise specified in this section or indicated by the context, the terms used in this article have the meanings ascribed to them in Health and Safety Code Chapter 6.5 (§ 25100 et seq.). (b) "County Hazardous Waste Management Plan" means the county hazardous waste management plan adopted by the Board of Supervisors on August 29, 1989 and amended by the Board of Supervisors on January 30, 1990, approved by a majority of the cities within the county which contain a majority of the population of the incorporated area, and approved by the State Department of Health Services on February 28, 1990, as said plan is amended from time to time. (c) "Hazardous waste facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of these units. (d) "Offsite hazardous waste facility" means a hazardous waste facility at which either or both of the following occur: (1) Hazardous waste that is produced offsite is treated, transferred, stored, disposed or recycled. (2) Hazardous waste that is produced onsite is treated, transferred, stored, disposed or recycled and the hazardous waste facility is not owned by, leased to or under the control of the producer of the hazardous waste. (Ords. 96-20 § 3, 90-73.) $4-63.1406 Cnunty Hazardnus Waste Mananement. All land use permit, variance or other land use entitlement granted for the operation or expansion of an offsite hazardous waste facility shall be consistent with the portions of the County Hazardous Waste Management Plan which identify siting criteria, siting principles or other policies applicable to hazardous waste facilities. Before granting the application, the division of the planning agency hearing the matter initially or on appeal shall find that the application complies with the applicable siting criteria, siting principles and ORD. 96- Proposed Revisions October 30. 1996-V1 -24- s • other policies identified in the County Hazardous Waste Management Plan, and that the proposed offsite hazardous waste facility is consistent with the County Hazardous Waste Management Plan. (Ords. 96-20 § 3, 90-73; Health & Safety Code, §§ 25135.4. 25135.7.) F4-63.1408 FxHusinn. The requirements of this article do not apply to projects which are exempt projects under section 84-63.604. (Ords. 96-20 § 3, 90-73.) SECTION IV. INTENT AND EFFECT QF REPEAL. The repeal of Articles 84-63.2, 84- 63.4, 84-63.6, 84-63.8, 84-63.10, and 84-63.12 of Chapter 84-63 by Section II of this ordinance does not effect the validity of any permit issued or decision made under said repealed provisions. The repeal of Article 84-63.14 concerning offsite hazardous waste facility compliance with the County Hazardous Waste Management Plan, by Section II of this ordinance, and said provisions' subsequent readoption by Section III of this ordinance, are not intended to have any effect other than continuing the effect of said provisions. SECTION V_ SEVERABILITY_ This ordinance shall be liberally construed to achieve its purposes and preserve its validity. If any provision or clause of this ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable and are intended to have independent validity. SECTION VI. PREEMPTION_ Nothing in this ordinance is intended, and should not be deemed, to excuse or prevent compliance with any State or federal law. If any provision of this ordinance is found by a court of competent jurisdiction to be preempted by any applicable State or federal law, the Board of Supervisors declares that its intent is for such provision to be severable from the remainder of the ordinance, and the remainder of the ordinance is to be given effect in accordance with the provisions of Section III of this ordinance. ORD. 96- Proposed Revisions October 30, 1996-V1 -25- • r • SECTlnN VII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of the Supervisors voting for and against it in the CONTRA COSTA TIMES, a newspaper published in this County. PASSED on , by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair LTF:bmw:df.31 ordhzB26.96f [SEAL] DMB\gms c:\hazmat\versionl.ord ORD. 96- Proposed Revisions October 30, 1996 V1 -26- a r • A!, Attachment B ORDINANCE NO. 96- (Amending Ordinance Requiring Land Use Permits for Development Projects Involving Hazardous Waste or Hazardous Material) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the enacted or amended provisions of the County Ordinance Code): SECTION 1. SUMMARY. The County Ordinance Code requires land use permits for specified development projects involving hazardous waste or hazardous material. This ordinance repeals Chapter 84-63, added by Ordinance No. 96-20, and adds a new Chapter 84-63 in its place. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84- 63.12 of Chapter 84-63, as added by this ordinance, sets forth revised criteria for land use permits for development projects involving hazardous waste or hazardous material which encourages business and other entities, in planning the project, to give greater emphasis to factors which involve potential health and safety risks to the surrounding community. Articles 84-63.2, 84-83.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of new Chapter 84-63 provide for additional public safety by requiring land use permits for a broader range of development projects which couldadversely affect public health, safety and the environment. Article 84-63.12 of Chapter 84-63, added by Ordinance No. 90-73, renumbered and readopted in its entirety as Article 84-63.14 by Ordinance No. 96-20, is unchanged. SECTION 11. Chapter 84-63 of the County Ordinance Code, added by Ordinance No. 86-100 and amended by Ordinances Nos. 91-49, 90-92, 90-73 and 96-20, is repealed in its entirety, and is replaced by new Chapter 84-63, added by Section III of this ordinance. SECTION Ill. Chapter 84-63 is added to the County Ordinance Code, to read: CHAPTER 84-63 LAND USE PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIAL Article R4-63.2 General R4-663-202 Purpnga. The purpose of this chapter is to promote the health, safety and general welfare of residents and persons in the County by encouraging businesses and other entities, in planning and developing projects involving hazardous material or hazardous waste, to consider factors which involve potential health and safety risks to the surrounding community, and by requiring land use permits for ORD. 96- Proposed Revisions October 30, 1996-V2 - - � r • development projects which could significantly and adversely affect public health, safety and the environment. (Ords. 96-20 § 3, 90-92, 86-100.) $4-63-204 Cnnflir . This chapter is not intended, and should not be deemed, to prevent or preempt compliance with federal or state laws, regulations, rules or orders, or to excuse compliance with any other County ordinance, including other requirements of this code. (Ords. 96-20 § 3, 86-100.) Article 84-68-4 Definitinns 84-6' -402 General. As used in this chapter, the words and phrases defined in this article shall have the meanings given unless the context otherwise requires. (Ord. 96-20 § 3.) 84-63-404 "bac _line P _rind." "Baseline period" means the consecutive twelve month period of time during which activity is measured for purposes of this chapter. The baseline period shall be any twelve consecutive month period within five years of the date of the submittal of the application that is reflective of a normal year of operation. (Ord. 96-20 § 3.) 84-63.406 "Change-in-risk Jnr jert." A "change-in-risk project" means a new use of an existing building, structure, or facility, not involving construction other than minor alterations, which use will involve a hazardous material or hazardous waste in a higher hazard category and which use will result in a hazard score higher than the hazard score of the previous use. (Ord. 96-20 § 3.) $4-63-408 "Commercial property," "Commercial property" means all properties with a commercial designation in the general plan including but not limited to the following: regional commercial, airport commercial, office, and business park. (Ord. 96-20 § 3.) $4-63.410 "Develnpment rniprt." (a) A "development project" means a new permanent building, structure or facility to be constructed that will manage hazardous materials or hazardous waste, or a permanent change-in-risk project. As used in this section, "permanent" when used to describe a building, structure, or facility, or the new use of an existing building, structure, or facility (change-in-risk project) means that the building, structure, facility or use is intended to be in operation for more than six months. ORD. 96- Proposed Revisions October 30, 1996-V2 -2- w 1 • -D,�6 (b) A "development project" does not include: (1) Pipelines and related equipment more than 300 feet from commercial or residential property. Related equipment includes, but is not limited to, items such as valves, fittings, pipe supports, insulation, instrumentation, corrosion protection systems, heat tracing systems, leak containment systems and fire protection systems. Related equipment does not include storage tanks, storage vessels, process units or plants, mechanical rotating equipment (pumps, compressors, motors, turbines, internal combustion engines, etc.) and fired equipment (furnaces, boilers, incinerators). However, the Zoning Administrator may determine, at their sole discretion, that minor equipment defined above as not related is exempt from the ordinance. (2) Any project other than a major maintenance project consisting only of maintenance, repair, and replacement or minor modification of existing equipment provided the storage design capacity is not increased and the hazard category of hazardous material or hazardous waste handled is not increased. (3) Any transportable treatment unit that has obtained all required permits and is used solely for site remediation or waste treatment purposes, provided the transportable treatment unit will be located on site for a maximum time limit of one year. The Director of Community Development will have the authority to grant a one time one year extension if the applicant can demonstrate to the satisfaction of the Director that the unit is temporary. Otherwise, a land use permit will be required if the unit will remain on site beyond the time limit specified above. (4) Any project for which permit applications have been deemed complete on or before the effective date of this chapter by the Bay Area Air Quality Management District or other government agency with jurisdiction over the project. The proponent of a project described by subsection (4) of subdivision (b) of this section may elect to be subject to the requirements of this chapter in lieu of any requirements in effect prior to the effective date of this chapter. (Ords. 96-20 § 3, 90-92, 86-100.) R4-63.412 "Dispose." "Dispose" means to discharge, deposit, inject, dump, or place any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (Ords. 96-20 § 3, 86-100.) 8463.414 "Egiiipmant." "Equipment" means pipes, pumps, vessels and other similar types of apparatus. (Ord. 96-20 § 3.) ORD. 96- Proposed Revisions October 30, 1996-v2 -3- S. 84-63.416 r_ilitv," "Facility" means a group of buildings, structures, or units with the same purpose on contiguous parcels (including parcels separated by a right-of-way, as defined in section 1002-2.002 of this Code) under common ownership or control. (Ord. 96-20 § 3.) $4-63.418 "Hazarrintis material," "Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment, and includes any material that is listed in the Code of Federal Regulations, Title 49, Section 172.101 (Hazardous Materials Table), as amended from time to time. (96-20 § 3, 86-100.) 84-63.420 "Ha7ardntis waste." "Hazardous waste" means any substance which is regulated as a hazardous waste by the California Department of Health Services under 22 California Administrative Code, Division 4, Chapter 30, or defined as a hazardous waste under Health & Safety Code section 25117, generally as follows: (a) "Hazardous waste" means either of the following: (1) A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristic may either: (A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness. (B) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (2) A waste which meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Toxic Substance Control pursuant to the Health & Safety Code section 25141. (b) "Hazardous waste" includes, but is not limited to, federal Resource Conservation and Recover Act ("RCRA") hazardous waste, extremely hazardous waste and acutely hazardous waste. (Ords. 96-20 § 3, 86-100.) 84-63.421 (a) "Serious Incident." An incident that occurred at a facility involved in the use, storage or handling of hazardous material or waste and that caused the ORD. 96- Proposed Revisions October 30, 1996-V2 -4- a • S. release of hazardous material or waste that may have posed an imminent threat to the public health, the environment or property and that resulted in any of the following: (1) A shelter-in-place direction issued to potentially threatened populations by the HSD or other public emergency response officials; (2) The evacuation of a school, or other public facility; and (3) A large fire which lasted for more than 15 minutes. (b) "Major Incident." An incident that occurred at a facility involved in the use, storage or handling of hazardous material or waste and that caused the offsite release of hazardous material or waste that may have posed an imminent threat to the public health, the environment or property and that resulted in any of the following: (1) The death of one or more persons, injury to one or more persons resulting in overnight hospitalization, or injury to 10 or more persons who were seen for medical treatment at a hospital. 84-83-421.5 "Mainr Maintenance Project." A major maintenance project is the scheduled, periodic cleaning, inspection, repair of process units, piping, or process or storage vessels which handles hazardous materials or hazardous waste. The maintenance will also require that the unit be temporarily taken out of service for more than two (2) weeks, provided that the cost of the maintenance work is $1 million or more. The $1 million will exclude the costs of overhead, planning, engineering, and other pre-construction costs. 84� "Menage." "Manage" means to generate, treat, store, transport, use or dispose of hazardous material or hazardous waste. (Ords. 96-20 § 3, 86-100.) 84-6I_42R "Prncess Unit". "Process unit means any equipment or structures containing an activity involving a hazardous chemical or waste including any use, storage, manufacturing, handling, or the on-site movement of such chemicals, or combination of these activities. For purposes of this definition, any group of vessels which are interconnected shall be considered a single process. 84-6-1.424 "Prnie -tr DPsrriptinn." "Project description" means a written description and explanation of the construction and operation of a development project. A project description shall address all phases of and for the life of the project. ORD. 96- Proposed Revisions October 30, 1996-V2 -5- • _ -D. l6 The project description shall include the following information as well as any other information deemed necessary by the Community Development Director for the purpose of determining the hazard score: (a) A description of the facility location with respect to major freeways and immediate neighbors, and the size (in square footage or acreage) of the property on which the facility is located; (b) An area map showing the facility in relationship to the surrounding community; (c) A description of all significant operations involving hazardous material and/or hazardous waste currently being managed, and/or proposed to be managed, including a brief general history of the facility; and d) A summary of the baseline data for all five years and a justification for the selection of the representative baseline year of data used in the calculation of the hazard score. The Community Development Director may waive the requirement of submitting any or all of the information required by paragraphs (a) through (d), above. (Ord. 96-20 § 3.) $4-63.425 "Piffi is Safety Agreement." A Public Safety Agreement is an agreement between the County and a facility providing standards, procedures, and inspections to assure that the facility protects public and worker safety and the environment from accidents due to material failure, mechanical or equipment failure, failure to adhere to practices and procedures, off-site events, and human error and providing measures to promote a strong and balanced County economy. A Public Safety Agreement shall address, at a minimum, the following: (a) A schedule of regular maintenance turnarounds at the facility for the life of the Agreement; (b) A commitment to use the best technology for safety improvements; (c) Permission for the County to enter the premises for inspections; (d) Specify changes in operations and facilities included in the maintenance projects; (e) Commitment to do and publicize design safety review; ORD. 96- Proposed Revisions October 30, 1996-V2 -6- • 1 • " (f) The Public Safety Agreement should provide a range of dates for maintenance; these dates may be extended by the County for the purpose of assuring state fuel supplies; and (g) Provisions that would permit the completion of necessary work discovered to be necessary in the course of a major maintenance. 84-63.42A "RasidP_ntlal nropPrty". "Residential property" means all properties with a residential designation in the general plan, including but not limited to the following: single family residential, multiple family residential, and mobile homes. (Ord. 96-20 § 3.) 84-63.428 "Sgnsitive r _ _ _ptnr," The term "sensitive receptor" includes schools, general acute care hospitals, long-term health care facilities, licensed child day care facilities, and similarly less-mobile populations, and detention facilities including jails, youth camps and other locked facilities. These facilities have more than twelve people. For the purposes of this section, "general acute care hospital" has the meaning set forth in Health and Safety Code section 1250(a), "long term health care facility" has the meaning set forth in Health and Safety Code section 1418(a), and "child day care facility" has the meaning set forth in Health and Safety Code section 1596.750. "School" means any school used for the purpose of the education of more than 12 children in kindergarten or any grades 1 to 12, inclusive. (Ord. 96-20 § 3.) 84-63.430 "Stnm." "Store" means an act to contain hazardous waste or hazardous material for any period of time in such a manner as not to constitute disposal of such hazardous waste or hazardous material. (Ords. 96-20 § 3, 91-49, 86-100.) $4-63.4' "Transom." "Transport" or "transportation" means an act to move hazardous waste or hazardous material by truck, rail, ship or pipeline. (Ords. 96-20 § 3, 86-100.) Article 84-63.6 Applicahility 84-63.602 Aonlirahility_ Except as otherwise provided in this chapter, any person proposing a development project or a major maintenance project which might otherwise be allowed in any non-agricultural zoning district shall be subject to the provisions of this chapter. (Ords. 96-20 § 3, 86-100.) 84-63.604 Exemptions_ The following projects and structures are exempt from the provisions of this chapter: ORD. 96- Proposed Revisions October 30, 1996- V2 -7- a i • (a) Any project built solely to comply with federal, state, regional or local agency enforcement orders under a compliance time schedule that precludes timely review under this chapter. This section is primarily intended to allow exemptions for compliance with laws, regulations, rules, or administrative or judicial orders such as nuisance abatement orders or other short-term or immediately necessary actions. This section is not intended to allow automatic exemptions for projects being undertaken to comply with changed federal, state, regional or local laws. A facility claiming an exemption under this section, must file a copy of the enforcement order and proposed project description within thirty (30) days of receipt of the order. (b) If more than fifty percent (50%) of the value of a facility is destroyed or damaged by disasters such as earthquakes, floods, fires, or an act of god or the public enemy, the building, facility or structure may be rebuilt under-the following conditions: (1) The rebuilt project is used for the same purpose as the destroyed damaged project; (2) The rebuilt project complies with all environmental regulations in effect at the time of rebuilding, including Best Available Control Technology (BACT) or at least the same level of control that previously existed, whichever provides the greater level of protection to the public; (3) The rebuilt project has a hazard score fifty percent (50%) lower than the destroyed or damaged project (both rebuilt and,destroyed or damaged project to be scored as if they are new); (4) The hazard category of chemicals used in the rebuilt project is not greater than used by the destroyed or damaged project; (5) Construction is commenced within one year unless an extension is granted by the Community Development Director; (6) The rebuilt project is at least 300 feet away from the nearest residential property or sensitive receptor and no closer to the nearest residential property or sensitive receptor than the destroyed or damaged project; and (7) The rebuilt project will not manage Hazard Category A materials in quantities greater than the destroyed or damaged project, will not manage hazardous wastes in quantities greater than the destroyed or damaged project, will not manage Hazard Category B materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project, and will not manage Hazard Category C materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project. ORD. 96- Proposed Revisions October 30, 1996-V2 -8- 4 (c) A development project in which both the size, as defined in section 84- 63.1012 and the monthly transportation quantity are less than: (1) for Hazard Category C materials - 4000 tons (2) for Hazard Category B materials - 5 tons (3) for Hazard Category A materials - the quantity specified as the Threshold Planning Quantity on the Extremely Hazardous Materials List (Appendix A to 40 C.F.R Chapter I, Subchapter J, Part 355, as amended from time to time), or 500 pounds, whichever is less. (Ords. 96-20 § 3, 90-92, 86-100.) (d) A major maintenance project covered by a Public Safety Agreement entered into by the County and the facility within five years prior to the time the major maintenance project application is submitted to the department. (Ords. 96-_§3, 96-20, 90-92, 86-100) (e) A major maintenance project at a facility not covered by a Public Safety Agreement provided that the facility has neither had three serious incidents as defined in Section 84-63.421(a) nor any major incidents as defined in Section 84-63.421(b) within five (5) years prior to the time the major maintenance project schedule notification is submitted to the department. The major maintenance project must commence within six months of the notification. (f) Emergency repairs to or replacement of equipment damaged in an explosion, fire or other unexpected event. Such repairs and replacements must be required in order to resume operations. These emergency repairs and replacements are excluded from the provisions of section 84-63.421 .5. Emergency repairs and replacements are subject to the following conditions: (1) the repaired and replaced equipment is used for the same purpose as the damaged equipment, (2) the replaced equipment does not have a higher hazard score than the original equipment, with both the old and new being scored as new equipment, (3) the repaired or replaced equipment will not handle a higher hazard category of chemicals than the original equipment, (4) repairs and replacements are commenced within 30 days after release of the damaged area by an investigating agency. ORD. %- Proposed Revisions October 30, 1996-V2 -9- a , • (g) A major maintenance project at a facility covered by a Risk Management Plan (RMP) in compliance with Section 112(r) of the Clean Air Act, its implementing regulations and State Health Prevention Program (RMPP) in compliance with Health and Safety section 25536.5, provided: (1) For purposes of the RMP or RMPP, all materials and wastes classified as Hazard Category A or B under this ordinance shall be deemed to be "regulated substances," except that for materials and wastes without a threshold quantity specified in state or federal law or regulation, the threshold quantity shall be 10,000 pounds; (2) The RMP or RMPP has been reviewed and approved by the HSD within three years prior to the time the major maintenance project application is submitted to the Department; (3) The RMP or RMPP includes any measures which the HSD has determined, after at least a 45-day public comment period, are reasonably necessary, taking into account technological feasibility and cost effectiveness, to make the RMP or RMPP effective to protect the environment and the health or safety of persons from potentially substantial risks; (4) The facility has been subjected to an annual audit by the HSD to determine compliance with the RMP and RMPP, and measures required by the HSD pursuant to subparagraph 3 above of this subsection, and the facility has implemented, or has agreed to implement within a reasonable time period, all corrective measures required by the HSD; and (5) There has been an opportunity for any member of the public to obtain review of any determinations by the HSD by the County Board of Supervisors. R4-63.606 Expm tion. On the effective date of this chapter, any proposed development project which is subject to the provisions of this chapter, and which has obtained all required federal and state permits and other governmental authorizations to manage hazardous waste or hazardous material including, but not limited to, permits or authorizations under the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), Health and Safety Code Chapter 6.5 (§ 25100 et seq.), Hazardous Waste Control, Health and Safety Code Chapter 6.7 (§ 25280 et seq.), Underground Storage of Hazardous Substances, Health and Safety Code Chapter 3.5 (§39650 et seq.), Toxic Air Contaminants, and Food and Agriculture Code Section 14021 et seq., and which has complied with the requirements of the Hazardous Substances Information and Training Act (Labor Code Section 6360 et seq.) shall be exempt from the requirements of this chapter. (Ords. 96-20 § 3, 86-100.) ORD. 96- Proposed Revisions October 30, 1996-V2 -10- Artielp 134-63.8 Standards and Prnr-pdiirpc $4-63.802 Applicatinn for AD131icnhility Dpterminatinn; Exemption. Any person proposing a development project which may be used to manage hazardous waste or hazardous material shall apply to the Community Development Director for review and a determination whether a land use permit may be required under Article 84-63.10 or whether the project is exempt under section 84-63.604(a) or (b) or 84-63.606. Projects exempt under section 84-63.604(c), (d) and (f) are not required to submit an application pursuant to this section. If the hazard score of a project is 49 or less and the project does not increase the amount of hazardous waste or hazardous material managed as compared to the baseline of the last three years, a determination of non- coverage and an application therefor are not required. The application shall include all information necessary to complete and verify the hazard score of the project, such as chemical identification, distances to nearest receptors, transportation routes, and the five-year baseline data. The application shall be accompanied by all fees established by the Board of Supervisors. (Ords. 96-20 §3, 91-49, 90-92, 86-100.) R4-63_R04 Ap licatinn, Revipw, Determination. No later than ten calendar days after receipt of an application, or the submittal of additional information, the Community Development Director shall inform the applicant in writing that the application is complete or shall inform the applicant what additional information is required. Within twenty calendar days of the application being deemed complete, the Community Development Director shall issue a written determination of non-coverage pursuant to section 84-63.806, an exemption pursuant to section 84-63.604(a) or (b) or 84-63.606, or a determination that a land use permit is required pursuant to section 84-63.1002. (Ords. 96-20 § 3, 90-92.) M-63_R06 Detprminatinn of nnn-cover_aaP. Upon determining that a proposed project has a hazard score up to and including 59 or that the project is exempt pursuant to section 84-63.604 or 84-63.606, the Community Development Director shall issue a determination of non-coverage or exemption. A determination of non- coverage for projects with a hazard score between 50 and 59 inclusive, means that the project is not subject to the requirements of article 84-63.10, but is subject to sections 84-63.808 and 84-63.810. Projects with a hazard score below 49 and projects which are exempt pursuant to sections 84-63.604 and 84-63.606 are not subject to the requirements of sections 84-63.808 and 84-63.810. (Ord. 96-20 § 3.) ORD. 96-_ Proposed Revisions October 30, 1996-V2 - - 0 I • 84-63-808 Determinatinns - P ihler Nntira. All determinations of non-coverage made pursuant to section 84-63.806 shall be summarized on an agenda of the County Zoning Administrator within ten calendar days of issuance of the determination. (Ords. 96-20 § 3, 91-49, 90-92, 86-100.) 84-63.810 Detarminatinns - Further Puhlir Nntirp, For projects with a point assignment between 50 and 59, inclusive, within five working days of issuing a determination of non-coverage, the Community Development Director shall mail notice on the date of the determination to all organizations and individuals who have previously submitted a written request for such notice. The Community Development Director shall publish a four-inch by six-inch advertisement in a newspaper of general circulation within ten calendar days of issuing a determination of non-coverage. The notices required by this section shall state the name of the applicant, briefly describe the project, provide the names and phone numbers of a representative of the Community Development Department and a representative of the applicant who will be available to answer questions about the project, and shall state the date by which an appeal must be filed. (Ords. 96-20 § 3, 91-49, 90-92.) 84-63-812 Appeals. Any appeal of a determination of non-coverage shall be filed within ten calendar days of the date the determination is listed on the Zoning Administrator's agenda or ten calendar days from the date of publication pursuant to section 84-63.810, whichever provides the longer period of appeal. Appeals from a determination of non-coverage shall be heard by the Board of Supervisors. Except as expressly provided in this section, appeals from all decisions and determinations made pursuant to this chapter shall be governed by the land use permit provisions of article 26-2.24 and are subject to the provisions of article 26-2.30. (Ords. 96-20 § 3, 86-100.) Artir_le 84-63-10 Land Use Permits - WhPn Req iii rPd $4-63.1002 Hazard Srnre; Permit Required. Unless otherwise exempt from the requirements of this chapter, a land use permit shall be required for a development project proposed for the management of hazardous material and/or hazardous waste if the development project obtains a hazard score of 60 or more pursuant to the formula set forth in section 84-63.1004, or for a major maintenance project, subject to the provisions of this article. (96-20 § 3.) ORD. %- Proposed Revisions October 30, 1996-V2 -12- • r • IT. 1� $4-63.1004 Hazard Scor _, (a) Formula. The hazard score of a proposed development project shall be determined pursuant to the following formula: UT + C + P) x HI + D + A + R; where the following symbols have the following designations: "T" refers to the point assignment for "Transportation Risk"; "D" refers to the point assignment for "Community Risk - Distance from Receptor"; "C" refers to the point assignment for "Community Risk - Type of Receptor"; "A" refers to the point assignment for "Facility Risk - Size of Project - Total Amount"; "P" refers to the point assignment for "Facility Risk - Size of Project - Percent Change"; and "H" refers to the point assignment for "Hazard Category of Material or Waste." "R" refers to the "incident record" of the facility. (b) Proiert Hazard Score. If more than one category of hazardous material or hazardous waste is used, the formula set forth in this section will be used to calculate a separate score for each material category. The material hazard category which results in the highest hazard score for the project will be used. (c) Point Assignment. The factors set forth in subdivision (a), above, shall have the following point assignments: TRANSPORTATION RISK (T) POINTS Truck - residential/commercial 10 (>25% increase or new) Truck - residential/commercial 9 (>5 - 25 % increase) Truck - Industrial (>25% increase or new) 8 Truck - Industrial (>5 - 25% increase) 7 Rail - (>25% increase or new) 6 ORD. 96- Proposed Revisions October 30, 1996-V2 -13- Rail - (>5 - 25% increase) 5 Ship - (>5% increase) 3 Pipeline - (>5% increase) 1 0 - 5% increase 0 COMMUNITY RISK Distance of prniprt from receptnr (D); 0-300 feet 30 >300 - 400 feet 29 >400 - 550 feet 28 >550 - 700 feet 27 >700 - 900 feet 26 >900 - 1200 feet 25 > 1200 - 1500 feet 24 > 1500 - 1800 feet 23 > 1800 - 2100 feet 22 >2100 - 2500 feet 21 >2500 - 2800 feet 20 >2800 - 3200 feet 19 >3200 - 3500 feet 18 >3500 - 3800 feet - 17 >3800 - 4000 feet 16 >4000 - 4200 feet 15 ORD. 96- Proposed Revisions October 30, 1996-v2 - 14- ! • o � >4200 - 4500 feet 14 >4500 - 4800 feet 13 >4800 - 5400 feet 12 >5400 - 5700 feet 11 >5700 - 6000 feet 10 >6000 - 6500 feet 9 >6500 - 7300 feet 8 >7300 - 8000 feet 7 >8000 - 8600 feet 6 >8600 - 10,000 feet 5 > 10,000 - 11,000 feet 4 > 11,000 - 12500 feet 3 > 12,500 - 14,000 feet 2 > 14,000 - 15,840 feet 1 Tyne of rpr_Pptnr (C): Sensitive receptor 7 Residential Property 5 Commercial Property 4 FACILITY RISKe SIZF OF PRO-117r.T Tntal Amntint of change, tons (C6nversion to tons; 1 ton = 2000 pounds) (A): >40,000 30 >32,000 - 40,000 29 ORD. 96- Proposed Revisions October 30, 1996-V2 - 15- a i • > 18,000 - 32,000 28 > 10,000 - 18,000 27 >6,000 - 10,000 26 >4,000 - 6,000 25 >2,100 - 4,000 24 >1,200 - 2,100 23 >750 - 1,200 22 >400 - 750 21 >200 - 400 20 > 150 - 200 19 >90 -150 18 >50 - 90 17 >30 - 50 16 >20 - 30 15 > 10 - 20 14 >6 - 10 13 >4 - 6 12 >2 - 4 11 > 1 - 2 10 >0.8 - 1 9 >0.5 - 0.8 8 >0.35 - 0.5 7 >0.25 - 0.35 6 ORD. 96-_ Proposed Revisions October 30, 1996-V2 -16- a v • >0.20 - 0.25 5 >0.18 - 0.20 4 >0.14 - 0.18 3 >0.12 - 0.14 2 >0.10 - 0.12 1 no change (0.10 or less) 0 Percentent Channe (P) New 6 >200% 5 > 100% - 200% 4 >50% - 100% 3 > 10% - 50% 2 > 1 % - 10% 1 0% - l % 0 HAZARD CATEGORY OF MATERIA (H) Category A 5 Category B 3 Category C 1 ORD. 96-_ Proposed Revisions October 30, 1996-V2 -17- • #,: -D RECORD OF IN -ID NTS (R) >3 5 2 3 1 2 0 -5 (d) Credit for reductions nr prnjects to he closed. A development project that would have a hazard score of 60 or more as determined by the formula in this section shall be entitled to a reduction credit for project closures and/or reductions in accordance with the criteria set forth in this subdivision. Reduction credit shall be given if the Community Development Director determines that the applicant will concurrently close another project or reduce its operations and finds that all of the following criteria are met: (1) The project to be closed or reduced is in the same facility in which the development project is proposed. (2) The project to be closed or reduced is currently in operation and has been in operation for at least three years prior to the date of application, during which period the production schedule has been reflective of a normal production schedule; (3) The project to be closed or reduced is the direct result of the proposed development project; (4) The project to be closed or reduced has a higher hazard score than the proposed development project; (5) The hazard category of the material or waste in the development project will be no greater than the hazard category of the material or waste in the project to be closed or reduced; and (6) The development project will be more than 300 feet from the property line of the nearest residential property or sensitive receptor. The hazard score for the project-to be closed shall also be determined by the formula set forth in subdivisions (a) and (b) of this section and pursuant to the provisions of this article. In determining the hazard score for the project to be closed or reduced, said project shall be deemed a new project. ORD. 96- Proposed Revisions October 30, 1996-V2 -18- • �r The hazard score of the development project shall be subtracted from the hazard score of the project to be closed or reduced. The resulting difference will then be subtracted from the hazard score of the development project to obtain a hazard score adjusted for the closure or reduction. The adjusted hazard score shall be the basis for determining whether a land use permit shall be required under this chapter. A determination by the Community Development Director that a project is not subject to the land use permit requirement of this chapter as a result of credit afforded for a project closure or reduction shall be reported to the Zoning Administrator pursuant to section 84-63.808 and shall be subject to the public notification requirements set forth in section 84-63.810. (e) Onsurg.rpductinn reguir _d. Projects proposed for closure or reduction for which closure or reduction credit was afforded under this section shall be closed or reduced as proposed within one year of completion of the development project. This subdivision (d) applies only in cases where a land use permit would have been required but for the closure or reduction credit afforded under this section. (96-20 § 3.) 84-63.1006 Determinatinn of Transpnrtatinn Risk. The transportation risk point assignment shall be calculated based upon planned total quantities of materials in a hazard category, measured in terms of tons per year for each hazard category proposed. The transportation risk point assignment shall be calculated for each mode of transportation proportionally within a single hazard category. That transportation point assignment shall be compared by hazard category with the total amount of material in the hazard category transported during the baseline period in order to obtain the percent change in section 84-63.1004(b), Transportation Risk. For purposes of determining whether truck transportation is through residential/commercial or industrial areas, the shortest legal route from the closest two-lane (or larger) freeway shall be considered. If the route used in the County does not traverse a two-lane (or larger) freeway, the entire route shall be considered. (Ord. 96-20 § 3.) R4-63-1006 Determination of Community Risk - Distan . _ to Rpr-eRtnr, "Distance to Receptor" shall be the shortest distance between an exterior wall or other part of the development project and the property line of the residential property, commercial property or the sensitive receptor used to determine the hazard score of a development project. (Ord. 96-20 § 3.) $4-6, _1010 Dptprminatinn of Cnmmirnity Risk - Typp of Rprpntnr. A hazard score shall be developed for each type of receptor (residential property, commercial property and sensitive receptor) within three miles of the development project based upon the distance of the parcel of each type of receptor that is closest to the ORD. 96- Proposed Revisions October 30, 1996-V2 • I • t. development project. The receptor that produces the highest hazard score shall be used to determine the hazard score of the development project. Receptors more than three miles from a development project shall not be considered. (Ord. 96-20 § 3.) 84-63.1012 Detprminatinn of PrneAct Risk - Size. The size of a development project shall be measured in terms of tons of hazardous material and/or hazardous waste stored as a result of the development project, based upon the fill-to-the- maximum capacity of the development project, including amounts stored in tanks; reactors; columns; process lines; tank cars, tank trucks or rail cars when connected to process equipment; or any other receptacle used for the containment of hazardous materials and/or hazardous wastes. The amount of material in hazard categories A, B, or C to be added to the site as a result of the development project will be used to determine the total amount of change. If more than one category of hazardous material is used, the amounts of materials (A, B, or C) shall be used with the respective hazard category in the formula in section 84-63.1004. The specific gravity of hazardous materials or hazardous wastes may be required to calculate the number of tons (or pounds) of hazardous materials and/or hazardous waste managed at the development project. The standard of 2000 pounds equaling one (1) ton shall be used. The point assignment for storage of containerized material in buildings, such as labs or warehouses, shall be based upon the maximum anticipated amount of materials for each hazard category as a result of the development project. (Ord. 96-20 § 3.) R4-63.1014 Detprminatinn n�P_S.t Risk - Percent Change, The percent change of a hazard category shall be determined by comparing the amounts of materials for the respective hazard categories A, B, or C to be added to the site as a result of the development project to the total amount of all materials for the respective hazard categories A, B, or C handled at the site from the baseline period. M-63.1016 Determinatinn of Hazard Cateqory, (a) Methnd of Determination, The hazard category of a material or waste shall be determined pursuant to this section. (1) The primary method of determining the material hazard category of a hazardous waste or material shall be by reference to the Winter 1994 version of the U.S. Department of Transportation ("D.O.T.") Code of Federal Regulations, Title 49 ("49 CFR"), Section 172.101, Ha7ardntia Materials Table." From columns (3) and (5), extract the "Hazard Class or Division" and "Packing Group" information, then proceed to 49 CFR 173.2 to determine the "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. If a material isdisted in 49 CFR 172.101 more than once, the rating that ORD. 96- Proposed Revisions October 30, 1996-V2 -20- � I • results in the highest hazard category shall be used. The hazard category of a mixture is determined according to its common name as defined in Title 49. (2) Where a hazardous material or waste or mixture is not referenced in 49 CFR 172.101, and the hazard category cannot be determined using the primary method, refer to the materials safety data sheet for the D.O.T. "Hazard Class or Division," "Packing Group" and "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. (3) Where the preceding methods are not successful, the Contra Costa County Health Services Director or his/her designee shall be responsible for determining a material's hazard category. (4) Regardless of the hazard category obtained using the methods set forth above, materials with the word "poison" in column (6) of 49 CFR 172.101, Methyl chloride, and the metals Antimony, Mercury, Lead, Arsenic, Thallium and Cadmium and their compounds, shall be Hazard Category A materials, and denatured alcohol and methanol shall be Hazard Category B materials for purposes of this chapter. (b) Fxrhsinns. Regardless of the hazard category obtained using the methods set forth in subdivision (a), above, Hot Coke, Hot Coal Briquettes, and materials not regulated by D.O.T. or which have no D.O.T. Hazard Class or Division are not regulated by this chapter. (c) Hazard Catpgnrips, Hazard Cate9nry A Materials I. Forbidden Materials As referenced in 49 CFR 173.21 and 173.54. II. Explosives and Blasting Agents Class 1, as defined in 49 CFR 173.50(b)(1) through 173.50(b)(6). III. Reactive Materials A. Air Reactive Materials - Class 4, Division 4.2 as defined in 49 CFR 173.124(b)(1) and (2). B. Water Reactive .Materials - Class 4, Division 4.3 as defined in 49 CFR 173.124(c). ORD. 96- Proposed Revisions October 30, 1996-V2 -21 - C. Organic Peroxides - Class 5, Division 5.2 as defined in 49 CFR 173.128. IV. Radioactive Materials Class 7 as defined in 49 CFR 173.403(y). V. Oxidizers D.O.T. Packing Group Class 5, Division 5.1 as defined in 49 CFR 173.1-27(a) when Packing Group I is required per 49 CFR 173.127(b)(2)(1). VI. Poisons, D.O.T. A. Poisons, Class 6, Division 6.1 as defined in 49 CFR 173.133 (applies to all hazard zones). B. Infectious Substances, Class 6, Division 6.2 as defined in 49 CFR 173.134. VII. Poison Gas Class 2, Division 2.3 as defined in 49 CFR 173.115(c). Hazard ratagnry B Materials VIII. Flammable Liquids Class 3 Packing Groups I and 11 as defined in 49 CFR 173.120(a). IX. Flammable Solids Class 4, Division 4.1 as defined in 49 CFR 173.124(a). X. Oxidizers, D.O.T. Packing Group II Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group If is required per 49 CFR 173.127(b)(2)(ii). XI. Flammable Gases Class 2, Division 2.1 as defined in 49 CFR 173.115(a). ORD. 96- Proposed Revisions October 30, 1996-V2 -22- a t • r„ XII. Corrosives, D.O.T. Packing Group I or II Class 8 Packing Groups I or II as defined in 49 CFR 173.136(a) and 173.137(a) and (b). Hazard Category C Materials XIII. Non-flammable Compressed Gases Class 2, Division 2.2 as defined in 49 CFR 173.115(b). XIV. Combustible Liquids Class 3 Packing Group III as defined in 49 CFR 173.120(b). XV. Miscellaneous Hazardous Materials Class 9 as defined in 49 CFR 173.155. XVI. Oxidizers D.O.T. Packing Group 111 Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group III is required per 49 CFR 173.127(b)(2)(iii). XVII. Corrosives D.O.T. Packing Group III Class 8 Packing Group III as defined in CFR 49 173.136(a) and 173.137 (c). (Ord. 96-20 § 3.) 8463.101 R Detpr, min.ation of Inr_ident Recce The determination of a facility's record shall be made by determining how many incidents occurred at the facility during the three years immediately preceding the project application. (Ord. 96--§3.) Article R4-63.12 Land Use and Variance Permits $4-63.1202 Granting. An applicant for a land use permit shall submit a project description. Land use permits required under this chapter may be granted in accordance with the provisions of chapters 26-2 and 82-6. (Ords. 96-20 § 3, 86-100.) R ORD. 96-_ Proposed Revisions October 30, 1996-V2 -23- a , Article 84-63-14 offsite Ha7ardnus Waste Facility With Cnunty Ha7ardnus Waste Management Plan 84-63-1402 Authority. This article is enacted pursuant to Health and Safety Code sections 25135.4 and 25135.7, concerning the siting of offsite hazardous waste facilities. (Ords. 96-20 § 3, 90-73.) 84-63-1404 Definitinns. (a) General. Unless otherwise specified in this section or indicated by the context, the terms used in this article have the meanings ascribed to them in Health and Safety Code Chapter 6.5 (§ 25100 et seq.). (b) "County Hazardous Waste Management Plan" means the county hazardous waste management plan adopted by the Board of Supervisors on August 29, 1989 and amended by the Board of Supervisors on January 30, 1990, approved by a majority of the cities within the county which contain a majority of the population of the incorporated area, and approved by the State Department of Health Services on February 28, 1990, as said plan is amended from time to time. (c) "Hazardous waste facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of these units. (d) "Offsite hazardous waste facility" means a hazardous waste facility at which either or both of the following occur: (1 ) Hazardous waste that is produced offsite is treated, transferred, stored, disposed or recycled. (2) Hazardous waste that is produced onsite is treated, transferred, stored, disposed or recycled and the hazardous waste facility is not owned by, leased to or under the control of the producer of the hazardous waste. (Ords. 96-20 § 3, 90-73.) 84-63-1406 County Ha7ardntis Waste Management. All land use permit, variance or other land use entitlement granted for the operation or expansion of an offsite hazardous waste facility shall be consistent with the portions of the County Hazardous Waste Management Plan which identify siting criteria, siting principles or other policies applicable to hazardous waste facilities. Before granting the application, the division of the planning agency hearing the matter initially or on appeal shall find that the application complies with the applicable siting criteria, siting principles and ORD. 96- Proposed Revisions October 30, 1996-V2 -24- • / • other policies identified in the County Hazardous Waste Management Plan, and that the proposed offsite hazardous waste facility is consistent with the County Hazardous Waste Management Plan. (Ords. 96-20 § 3, 90-73; Health & Safety Code, §§ 25135.4. 25135.7.) R4-65-1408 Exclusion. The requirements of this article do not apply to projects which are exempt projects under section 84-63.604. (Ords. 96-20 § 3, 90-73.) SECTION IV, INTENT AND EFFECT OF REPEAL. The repeal of Articles 84-63.2, 84- 63.4, 84-63.6, 84-63.8, 84-63.10, and 84-63.12 of Chapter 84-63 by Section II of this ordinance does not effect the validity of any permit issued or decision made under said repealed provisions. The repeal of Article 84-63.14 concerning offsite hazardous waste facility compliance with the County Hazardous Waste Management Plan, by Section II of this ordinance, and said provisions' subsequent readoption by Section III of this ordinance, are not intended to have any effect other than continuing the effect of said provisions. SECTION V_ SEVERABILITY_ This ordinance shall be liberally construed to achieve its purposes and preserve its validity. If any provision or clause of this ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable and are intended to have independent validity. SECTION VI. PREEMPTION- Nothing in this ordinance is intended, and should not be deemed, to excuse or prevent compliance with any State or federal law. If any provision of this ordinance is found by a court of competent jurisdiction to be preempted by any applicable State or federal law, the Board of Supervisors declares that its intent is for such provision to be severable from the remainder of the ordinance, and the remainder of the ordinance is to be given effect in accordance with the provisions of Section III of this ordinance. ORD. 96- Proposed Revisions October 30, 1996-V2 -25- SECTION VII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of the Supervisors voting for and against it in the CONTRA COSTA TIMES, a newspaper published in this County. PASSED on , by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair LTF:bmw:df.31 ordhz626.96f [SEAL] ORD. 96-_ Proposed Revisions October 30, 1996-V2 -26- achMeht C ORDINANCE NO. 96-_ PROCESS SAFETY AND RISK MANAGEMENT ORDINANCE 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 adds Chapter 450-8 to the County Ordinance Code. Chapter 450-8 imposes regulations which supplement the requirements of Health and Safety Code article 2 (commencing with section 25531)of Chapter 6.95 concerning hazardous materials management,by imposing measures to reduce the probability of accidental releases of regulated substances that have the potential to cause immediate harm to the public health and the environment, and to stimulate dialogue between industry and the public to improve accident prevention and emergency response practices. SECTION II. Chapter 450-8 is added to the County Ordinance Code, to read: CHAPTER 450-8 PROCESS SAFETY AND RISK MANAGEMENT 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 and oil refining facilities have prompted the Board of Supervisors to consider expanded reviews, inspections, and audits that supplement federal and state Risk Management and Process Safety Management programs. (b) Section 112(r)(7) of the Clean Air Act(42 U.S.C.A. § 7412(r))required the Environmental Protection Agency("EPA"-)to promulgate regulations to prevent accidental releases of regulated substances and reduce the severity of those releases that do occur. EPA promulgated rules that apply to all stationary sources with processes that contain more than a threshold quantity of a regulated substance. The final rule was published in the Federal Register on June 20, 1996. Processes will be divided into three categories,based on: the potential for off- site consequences associated with a worst-case accidental release, accident history, and compliance with the prevention requirements of the Occupational Safety and Health Administration ("OSHA")process safety management("PSM") standard (29 Code of Fed. Regulations ("CFR") § 1910.119). (41 CFR §68.10.)- All sources must prepare a risk management plan ("federal RMP") based on a risk management program established at the source, that includes a hazard assessment of the off-site consequences of a worst case and alternate scenarios, a prevention program, and an emergency response program. (41 CFR §68.12.) The source must submit the federal RMP to the EPA by June 21, 1999. (41 CFR §68.10.) The federal RMP will be available to state and local governments and the public. October 31, 1996 ` S L (c) California Health and Safety Code article 2 (§ 25531 et. seq.) of Chapter 6.95 was amended effective January 1, 1997 to provide that EPA's risk management program rule, with additional specified provisions, will be the state's accidental release prevention program -the risk management program("RMP"). (d) In November of 1990,the Clean Air Act also directed the OSHA to promulgate a chemical process safety standard to prevent accidental releases of chemicals which could pose a threat to employees. This resulted in the OSHA process safety management(PSM) standard which became effective in 1992 with full compliance by the spring of 1997. (e) The County recognizes that regulatory requirements alone will not guarantee safety, and that the public is a valuable resource and 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 the environment. (f) The success of the expanded reviews recommended by the Board of Supervisors is dependent upon the cooperation of industrial chemical and oil refining facilities within Contra Costa County. The public must be assured that all measures necessary to prevent incidents are being implemented, including Health Services Department or stationary source recommended changes or actions that are reasonably necessary to protect the public health and safety. (Ord. 96-_, § 2.) 450-8.004 PURPOSE and GOALS. (a) The purpose of the ordinance is to establish additional safety requirements and criteria for review, inspection, and auditing of stationary sources by the Department and to provide the Department with the authority to conduct the reviews and inspections. (b) The goals of the periodic review, inspection, and auditing of stationary sources by the Department are to: (1) Provide review and inspection of stationary sources and recommend changes or actions that are reasonably necessary to protect the public health and safety; (2) Review action items resulting from process hazards analysis reviews and require implementation of action items within a reasonable time frame; (3) Review the accidental release prevention efforts of stationary and require the conduct of and analysis for the determination of the underlying cause for each incident that resulted in, or could reasonably have resulted in a catastrophic release of a regulated substance; (4) Provide a level of review, inspection, and auditing that exceeds those items required in existing regulations such as the federal RMP and PSM programs; October 31, 1996 ORD. NO.96-_ Page 2 1 40 (5) Provide for public input into the review, inspection, and auditing of stationary sources and provide for public review of the inspection and audit results; and (6) Facilitate cooperation between industry, the Department, and the public in the prevention of incidents at stationary sources. (Ord. 96-_, § 2.) 450-8.006 AUTHORITY. This ordinance is adopted by the County pursuant to its police power for the purposes of protecting public health, safety and welfare to assure the maintenance restoration, enhancement, or protection of the environment. (Ord. 96-_, § 2.) 450-8.008 ADMINISTRATION. The County Health Officer is charged with the responsibility of administering and enforcing this chapter. (Ord. 96-_, § 2.) 450-8.010 APPLICABILITY. This ordinance shall apply to stationary sources. (Ord. 96-,, § 2.) 450-8.012 INSPECTION. Stationary sources shall allow the Health Officer or his or her designee with reasonable access to any part of the stationary source subject to the requirements of this chapter for the purpose of determining compliance.with this chapter. (Ord. 96-,, § 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(42 CFR § 68.3) and in California Health and Safety Code article 2 (§ 25531 et seq.) of Chapter 6.95, unless the context indicates otherwise. (a) "Accidental release"means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source. (See Health and Safety Code section 26632.) (b) "Catastrophic release"means a major uncontrolled emission, fire or explosion, involving one or more regulated substances that presents imminent and substantial endangerment to public health and the environment. (See 40 CFR § 68.3.) (c) "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 October 31, 1996 ORD. NO. 96-_ Page 3 l time, or(2) a substance or mixture that by virtue of its reactivity, toxicity, or volatility hazard(s) could cause adverse health or safety impacts. (d) "Department" means the Contra Costa County Health Services Departme. (e) "Inherently safer technology"means feasible and proven alternative processing technologies, system safeguards, or process modifications that reflect current industry standards and guidelines (such as the American Institute of Chemical Engineers/Center for Chemical Process Safety guidelines, the American Society for Mechanical Engineers standards, and American Petroleum Institute standards)to make new and existing processes and operations inherently safer. (f) "Process" means any activity involving a regulated substance, including any use, storage, manufacturing, handling, or on-site movement of a regulated substance or any combination of these activities. For the purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located so that a regulated substance could be involved in a potential release, shall be considered a single process. (See Health and Safety Code section 25532(e) as amended from time to time) (g) "RMP" means the risk management required to be submitted pursuant to the requirements of Health and Safety Code article 2 (§ 25531 et seq.). (h) "Stationary source" or"source"means industrial chemical and oil refining facilities subject to the federal RMP Program 3 requirments. (i) "Underlying 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 underlying causes were removed,the particular incident would not have occurred. (Ord. 96-_, § 2.) 450-8.016 STATIONARY SOURCE SAFETY REQUIREMENTS. The stationary source shall provide the following: (a) Initial Report. Within 90 days of adoption of this ordinance, each stationary source shall submit to the Department an initial report delineating the source's planned schedule for development and implementation of the RMP. The report shall include an anticipated schedule of process hazards analysis for process units covered under this ordinance. The report shall also include anticipated implementation dates for action items resulting from process hazards analysis studies completed prior to the date of the initial report by the stationary source. Process hazards analyses previously completed that satisfy the PSM standards and that cover all chemicals within a process unit are acceptable for the purposes of this chapter. October 31, 1996 ORD.NO.96-_ Page 4 D r 4. (b) Accident History. Within 150 days of adoption of this chapter, each stationary source shall submit to the Department an accident history. (1) The stationary source shall include in the accident history all accidental releases from processes that resulted in, or could reasonably have resulted in deaths, injuries, or significant property damage on site, or known off-site deaths, injuries,evacuations, sheltering in place, property damage, or environmental damage from June 1, 1992 through January 1, 1997. In cases where the stationary source is unable to determine if an accident should be included in the history,the Department will make the determination. (2) Accident descriptions shall include a description of the individual accident and it's source with the respective amounts of regulated substance released, the date of the accident, the estimated duration of the release,the weather conditions at the time of the release (if known), any employee injuries, illnesses, and any public injuries, illnesses, evacuations or notifications to shelter-in-place as a result of the incident. The stationary source shall specify whether off-site responders were notified. (3) The stationary source shall provide a description of the initiating and contributing causes of each accident and other pertinent findings of the investigation. (4) The stationary source shall supply a list of mitigation measures taken to prevent similar accidents and the associated implementation dates of those measures. (5) Accidents occurring subsequent to the accident history submitted to the Department, shall be reported to the Department with the submission of the RMP. (c) Underlying Cause Analysis. Underlying cause analyses are required for each catastrophic release at a stationary source. If the stationary source has not had a regulated substance catastrophic release in any two consecutive calendar years,the stationary source shall select at least one incident from the stationary source's records for those years to perform an underlying cause analysis. (d) Process Hazards Analysis. Process hazards analyses are required for every process unit at a stationary source. Utility units where no regulated substances are used are not subject to this provision. The process hazards analysis shall be performed for the entire process unit. The stationary source shall resolve and complete all actions and recommendations specified in the final process hazards analyses report in a timely manner after completion of the process hazard analyses, but in no case the later of- (1) £(1) one year following the certification of the RMP for actions and recommendations that do not require a plant shutdown, (2) the first scheduled plant shutdown subsequent to one year after certification for actions and recommendations that require a shutdown, or (3) a schedule agreed to by the Department. (e) Early RMP Submission. Stationary sources shall submit the RMP to the Department no later than 1 year after the Office of Environmental Health Hazard Assessment has finalized and published the state RMP regulated substance list pursuant to the California Health S October 31, 1996 ORD. NO.96-_ Page 5 • r • and Safety Code Section 25532 ((g)(2)(B)). The Department may grant an extension of the deadline upon showing of good cause but may not extend the deadline beyond that required by state and federal law. (Ord. 96-_, § 2.) 450-8.018 REVIEW,AUDIT, AND INSPECTION. (a) The Department shall periodically audit the progress of stationary sources' RMP development and implementation to review the adequacy of such RMPs and require revisions when necessary to ensure compliance with state and federal regulations. All such audits shall be conducted in accordance with 40 CFR § 68.220. (b) In addition to the RMP progress and compliance audits, the Department shall conduct a thorough safety inspection at every stationary source at least once every three years (or as specified in the California Health and Safety Code article 2 (§ 25531 et seq.) of Chapter 6.95, as amended from time to time) to ensure that necessary provisions are being taken to prevent accidental release of regulated substances and reduce the severity of those releases that do occur. The Department, at its option, may select an outside consultant to assist in conducting said inspection. with them in conducting an inspection. (c) The Department may conduct an incident safety inspection within 60 days of a catastrophic release. The inspection shall be conducted with respect to the particular equipment involved in the incident pursuant to the guidelines set forth in this chapter. (d). The Department shall have access to the stationary source, supporting documentation, and any area where an accidental release could occur. (1) The Department shall review, inspect, and audit the following elements of the RMP: (A) Written Management System, (B) Process Safety Information, (C) Process Hazards Analysis and Resulting Action Items, (D) Operating Procedures, (E) Training, (F) Management of Change, (G) Pre-Startup Reviews, (H) Compliance Audits, (I) Incident Investigation, (J) Employee Participation, (K) Hot Work Permit, ' (L) Contractor Safety, (M) Emergency Response and Notification Plans, (N) Mechanical Integrity, including review of: (i) Quality Analysis/Quality Control Process for Mechanical Inspections, October 31, 1996 ORD. NO.96-_ Page 6 i (ii) Protocols, (iii) Calibration& Inspection frequencies, (iv) Inspection Records. The review, inspection, and audit provisions of this subsection(d)(1) shall be discontinued after June 21, 1999. (2) The Department shall review, inspect, and audit the stationary source's use of inherently safer technology for consideration as a process hazards analysis mitigation item, and in the design and review of new processes and facilities. (3) The Department shall review the stationary source's incidents. The Department shall review: (A) Facility incidents recorded with other agencies (e.g., Bay Area Air Quality Management District, California Occupational Safety and Health Administration), (B) Loss control management policies, (C) Analysis and investigation techniques, (D) Depth of the incident investigation, (E) Follow-up of action items resulting from the investigations, and (F) Information flow regarding results of incidents to and from employees and to and from similar facilities. (4) The Department shall request input from the stationary source's labor- management safety committee (if applicable). The Department shall: (A) Request committee members' input into the review, audit, and inspection, (B) Review minutes from committee meetings, (C) Interview Members, and, (D) Through the public participation process, provide for committee members' input on the review, audit, and inspection results. (Ord. 96-_, § 2.) 450-8.020 REQUIREMENTS FOR SAFETY IMPROVEMENTS. (a) Based on the inspection, the Department shall (1) specify to the stationary source particular matters which, in, the judgment of the Department, constitute clearly identifiable, substantial risks to community safety; and (2) direct the stationary source to submit plans to significantly reduce or eliminate such risks. The preliminary determination shall include an explanation of the basis for the proposed modifications or improvements, reflecting industry standards and guidelines (such as the American Institute of Chemical Engineers/Center for Chemical Process Safety guidelines, the American Society of Mechanical Engineers standards, and the American Petroleum Institute standards) to the extent that such standards and guidelines are applicable. October 31, 1996 ORD. NO.96-_ Page 7 61 4, (b) Within ninety (90)days after receipt of the specification and direction of the Department, or a longer period as the Department may provide,the stationary source shall submit to the Department plans to significantly reduce or eliminate such risks. Upon receipt of the facility plans, the Department shall conduct a public review of the inspection and plans for improving community safety as provided below. (c) After review of such plans, consultation with the stationary source, and consideration of public input from the public review,the Department shall direct the stationary source to implement measures necessary to significantly reduce or eliminate the identified risks. This directive may (1) adopt the plans submitted by the stationary source, in whole or in part, or(2) modify the plan,to the extent reasonably necessary, in the judgment of the Department, to significantly reduce or eliminate a particular risk or risks. (d) Any measure that the Department directs the stationary source to implement shall: (1) Not be in conflict with any statute, rule or regulations of any Federal, state or local agency; (2) Not be in conflict with any activity authorized in any permit or order issued by any Federal, state or local agency; (3) Be technologically reasonable, (4) Be directly related to the risk identified, and (5) The cost of the measure shall be reasonably related to the benefit resulting from the reduction of the identified risk and shall be commensurate with costs of alternative measures reasonably available to address the identified risk. (e) The Department will issue the stationary source a written final determination of required modifications or improvements. The final determination may adopt or amend the modifications or improvements contained in the stationary source plans. A final determination that adopts a modification or improvement previously rejected by the stationary source shall include an explanation of the basis for the modification or improvement. A final determination that does not adopt substitute modifications or improvements suggested by the stationary source shall include an explanation of the basis for finding such substitute modifications or improvements unreasonable. (f) Measures specified in the final safety report must be completed in a timely manner, but in no case later than the latest of. (1) For changes that do not require a plant shutdown, one year following the date of the final safety report; (2) For measures that require a shutdown, the first scheduled plant shutdown subsequent to one year after adoption of a final inspection report (including appeal); or (3) A schedule agreed to by the Department. (Ord. 96-_, § 2.) October 31, 1996 ORD. NO.96-- Page 8 a r • �, 1 D, 450-8.022 PUBLIC REVIEW OF INSPECTION RESULTS. Upon receipt of plans to improve public safety as provided above, a preliminary determination will be issued and made available to the public for review and comment for a period of not less than forty-five days. The Department shall conduct a public review in a community in the vicinity of the stationary source. The Department shall give notice of the public review to residents located within 300 feet of the stationary source, community organizations that have requested notice, and public agencies with facilities operating within one mile of the stationary source. The public review shall consist of (1) an explanation of the basis for the inspection,the content and conduct of the inspection,the preliminary recommendations and requirements resulting from the inspection, (2) a review of the stationary source's plans for safety improvements, and(3)receipt of the written comments, and response to the written questions of the public. The written questions, comments and concerns of the public shall be considered in completing the final safety report, and specifying measures necessary to significantly reduce or eliminate risks. Disclosure of any trade secret shall only be made pursuant to the Health and Safety Code section 25537.5, as amended from time to time. (Ord. 96-_, § 2.) 450-8.024 RESOLUTION OF DISPUTES CONCERNING REQUIREMENTS FOR SAFETY IMPROVEMENTS. (a) The Board of Supervisors shall establish a hearing board consisting of five members, all of whom shall be residents of Contra Costa County. The members shall be appointed for terms of four years, and shall serve at the pleasure of the Board of Supervisors. (b) The hearing board shall consist of- (1) £(1) One member admitted to the practice of law in the State of California, (2) One member who is a professional engineer registered such pursuant to the Professional Engineers Act(Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code), (3) One member from the medical profession whose specialized skills, training, or interests are in the fields of occupational/toxicological medicine, and (4) Two public members. (c) The hearing board shall select a chairperson from among its members. (d) The hearing board may adopt rules for the conduct of its hearings. The rules shall be consistent with this chapter and, so far as practicable, shall conform to the rules for administrative adjudication by state agencies in Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. (e) The hearing board shall hear and decide, after noticed public hearing, appeals from a final safety report of the Health Services Department. An appeal may be taken within ten days after issuance of such final report, and may be taken by any aggrieved party, including the stationary source. The hearing board shall hold a hearing on an appeal not less than thirty days October 31, 1996 ORD. NO.96-_ Page 9 r • and not more than sixty days after the filing of the appeal. The decision of the hearing board shall be by majority vote of the whole board and may affirm, overrule, or modify the final determination of the Department. The decision shall be in writing and shall state the facts and reasoning therefor. (f) The appeal to the hearing board shall be only on the following grounds: (1) The final determination by the Department was inconsistent with the provisions of Section 450-8.020 (d) 1 through 5. (2) The measures included in the final determination by the Department are insufficient to address the risks identified in the inspection. (3) The measures imposed by the Department in the final determination are not supported by the evidence that was before it.. (4) Specified measures imposed by the Department in the final determination are unreasonable. (g) The decision of the hearing board shall be the final administrative determination of the County and shall be subject to judicial review under Code of Civil Procedure §1094.5. (Ord. 96-_, § 2.) 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 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 the hearing board, staff and/or consultant time. (Ord. 96-_, § 2.) 450-8.028 PUBLIC INFORMATION BANK. (a) A public information bank shall be established and maintained by the Department to provide ready access to public documents which are currently available only through various regulatory agencies and public libraries. At a I inimum, business plan inventories and emergency response plans, RMPs, and Department incident reports shall be made available. To the extent possible, this information shall be available electronically. (b) The public information bank shall be funded by a one-time $10,000 assessment on each stationary source, and shall be available no later than June 30, 1998. (Ord. 96-_, § 2.) 450-8.030 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 failure or omission to act as required herein, is a violation of this code and shall be punishable as a misdeameanor. (Ord. 96-_, § 2.) October 31, 1996 ORD. NO.96- Page 10 ' x. 16 • 450-8.032 INTEGRATION WITH CUPA FUNCTION. This chapter expresses, in relevant part,the intent of the County with respect to the implementation of the California Unified Hazardous Waste and Hazardous Materials Management Regulator Program. If and when the County is designated as a Certified Unified Program Agency ("CUPA"),the program established by this chapter shall,to the maximum extent feasible, be integrated into the functions of the CUPA. (Ord. 96-_, § 2.) SECTION III. SEVERABILITY. This ordinance shall be construed to achieve its purpose and preserve its validity. If any provision or clause of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of the ordinance are declared to be severable and are intended to have independent validity. SECTION IV. PREEMPTION. Nothing in this ordinance is intended, and nor shall it be deemed, to excuse or prevent compliance with any state or federal law. If any provision of this ordinance, or the application thereof to any person or circumstance is found by a court of competent jurisdiction to be preempted by any applicable state or federal law, the Board of Supervisors declares that its intent(1)that such provision be severable from the remainder of the ordinance, and (2) that the remainder of the ordinance be given effect in accordance with the provisions of Section I of this ordinance. In the event of any conflict or inconsistency between this ordinance and applicable federal or state statutes or regulations, the federal or state requirements shall control. SECTION V. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of the Supervisors voting for and against it in the CONTRA COSTA TIMES, a newspaper published in this County. PASSED on by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Deputy Chair [SEAL] docs\neword2.wpd October 31, 1996 ORD. NO.96-_ Page I I a r • OCT 30 '96 04:09PM ADAMS & BROADWELL 415-589-5062 P.2i3 ADAMS 8 B&OADWELL THOMAS R.ADAMS A PA01M 10NAL CORPORATION ANN BPOADWELLATTORNEYS AT LAW or COUNSCI. DANIEL L.CAROOZO CARL L.MCCONNELL MARC O,JOSEPH 651 GATEWAY BOULEVARD,SUITE 900 PACKARO.MELLBERG L12ANNE REYNOLDS SOUTH SAN FRANCISCO,CA 940QO S MCCONNELL TELEPHONE W FACSIMILE (415) 989.1680 (415) 389-30x2 October 30, 1996 VIA FACSIMILE Mr. Dennis Barry Community Development Department Contra Costa County 651 Pine Street Martinez, CA 94553 Re: Amendments to Ordinance 96-20 Dear Mr. Barry: On behalf of the Contra Costa Building Trades Council, I an submitting the enclosed criteria which we believe should be added to the definition of serious incident in the proposed amendments to Ordinance 96-20. Please transmit this proposal to the Board of Supervisors. we believe that the release of toxic chemicals in excess of federal health standards, fires or explosions which cause offsite impacts, and releases of hazardous materials or hazardous waste that have resulted in monetary penalties from resource agencies are all events which are genuinely serious and which are true indicators of the need for review. The language suggested in the attached proposal would accomplish that. Very truly yours, Thomas R. Adams TRA:bh A1065.1L2 �� prnroaonroayrseepopor • C f0 OCT 30 '96 04:09PM ADAMS & BROADWELL 415-589-5062 P.3i3 Proposed Additional Criteria for Serious Incident (1) An explosion which results in off-site property damage. (2) A fire which results in three (3) or more separate, verified complaints to the Bay Area Air Quality Management District (BAAQMD) and/or CCCHSD of smoke, soot, odor, particulate deposition, or other nuisance impacts. (3) A release resulting in off-site deposit or exposure either of hazardous material in excess of the threshold planning quantity listed in Appendix A of Part 355 of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations, or of any other substance in hazard category A, B or C in excess of 10, 000 pounds. (4) Payment of a fine or civil penalty arising out of or related to the release of hazardous material or hazardous waste amounting to at least $1000 to the BAAQMD, the Regional Water Quality Control Board, CAL- OSHA, the U.S. Environmental Protection Agency, the California Environmental Protection Agency, the California Department of Toxic Substances Control, or Contra Costa County. A1065.142 -D- ADDENDUM TO ITEM D. 16 NOVEMBER 5, 1996 On October 22, 1996, the Board of Supervisors continued to this date consideration of modifications to County Code Chapter 84-63 (Land Use Permits for Development Projects Involving Hazardous Materials and/or Hazardous Wastes) . Dennis Barry, Community Development Department, presented the staff report on the item and spoke on the referral to the Planning Commission. Eleanor Blake, Health Services Department, presented the continued report on the Hazardous Materials Commission review of proposed amendments to Ordinance 96-20 and other hazardous materials ordinances referred to the Commission on October 15, 1996 and October 22, 1996 . The following persons presented testimony: Dave Rowlands, City Manager, Antioch; Jeff Kolin, City Manager, Pittsburg; Donald R. Brown, 1801 Sonoma Boulevard #117, Vallejo; Kathleen Imhoff, 1824 Arlington Boulevard, El Cerrito; Denny Larson, Citizens For a Better Environment, 500 Howard #506, San Francisco; Ron Banducci, Shell Martinez Refining Company, P.O. Box 711, Martinez; Rick Jones, 1865 Pacheco Boulevard, Martinez ; S . M. Skaggs, P.O. Box 5, Walnut Creek; Greg Feere, Contra Costa Building Trades Council, 935 Alhambra Avenue, Martinez; Leslie Stewart, Hazardous Materials Commission, 3398 Wren Avenue, Concord; Tom Terrill, Bay Area Council, 1200 Concord Ave . #200, Concord; Sabiha Gokcen, 2047 Olympic Drive, Martinez; Tom Lindemuth, Hazardous Materials Commission, 501 Daisy P1ace, Pleasant Hill; Marj Leeds, Shell Martinez Refining Company, 4721 Pleasant Hill Road East, Martinez; Ron Lathrop, 45 Alhambra Creek Road, Martinez; Scott Folwarkow, 2300 Clayton Road, Concord; David Farabee, Chevron Refining Company, 235 Montgomery Street, San Francisco; Kenneth Daigle, 754 Parkway Drive, Martinez; Graig Andersen;Martin Truso, Oil and Chemical Atomic Workers, 605 Brown Street, Martinez; Scott Anderson, Industrial Association of Contra Costa County, 2709 Mayflower Drive, Antioch; Dayle Williams, Plumbers & Steamfitters Local#342 , 1030 Saary Court, Concord; Bruce Rorjesson, 84 Alan Drive, Pleasant Hill ; Re4uest to Speak 6orm ( THREE (3) MINUTE LIMIT) Complete this form and place It In the box near the speakers' rostrum before addressing the Board. Ao 7Zc`i 01-Q1cy rhone: 7 R-7— 30 �S /address:_ I S 32 A�5 a Cftr I am for f�or organization: �wng m'f� Omm of organisation) CHECK ONE I wish to speak on Agenda Item # Date:—.L�_: My comments will be: for a&Wrwl _ 1 wish to speak on the subject of &t,77 04 I do not wish to speak but leave these comments for the Board to consider: R�uest to Speakcorm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rum before addressin the Board. Name: !hone: �7Z-�oi3 Address; ��D �,d��' �,e�✓d i��/�'�'i�� �,; �y�2>'i����� 1 am speaking for myself+.or organizatk n: /Oft-d ane of Gewdutiora CHECK ONE: 1 wish to speak on /agenda !tem Date: My comments will be: sancta! _for�agai 1 wish to speak on the subject of _ 1 do not wish to speak but leave these comments for the Board to corssider: Red4uest to Speak form V, :-�, ( THREE (3) MINUTE LIMIT) CoWlete this form and place it In the box near the Weakens's+astrum before addressing the Board. Nath J�FF 1Jod5PWM iz8 --- loo Ped ,6,*JZ i am speaking for or uwrfta&n 6 CA� `dm Of 01'ji�1��Oft) CHECK ONE l I wish to speak on Apnda It= My comments will be: generalor��ggaint I wish to Weak on the subject of - '2-0 do not wish to speak but Tuve these comrne+erts for the board to cc Wide— • C. Dedrick, 31 Carlos Court, Walnut Creek; David Nesmith, Sierra Club, 2530 San Pablo Avenue, Berkeley; Tom Adams, Building Trades Council, 651 Gateway Boulevard #900, South San Francisco. Following Board discussion, Supervisor Rogers moved approval of attachment B, the one that includes the 60 point version, to the staff report . Chairman Smith clarified that the motion was to determine that the ordinance is exempt from the California Environmental Quality Act (CEQA) , that the report from the Community Development Director is accepted, that the Ordinance in attachment B to the staff report as amended is introduced, reading waived and November 12, 1996, is set for adoption of same, that the matter of modifications to the Building code related to building permits for industrial construction is referred to the GMEDA Director and Building Inspector for report and recommendations, and that the staff is directed to file a Notice of Exemption with the County Clerk, and he also clarified that the direction to the Planning Commission is to report back to the Board by November 19, 1996 . Supervisor Rogers concurred and indicated that he would like the Planning Commission to report to the Board on November 12, 1996 . Supervisor Rogers commented on his recommended modifications to attachment B : that in the definition of serious and major incident starting at the bottom of page 2, 84063 .421 and ending with the words by a medical doctor would be the definition of serious incident; that Section 84-63 .425a would be deleted from the public safety agreement; That the public safety agreement was not mandatory; that another exemption would be added to the list of exemptions saying a development project or major maintenance project for which construction has commenced prior to June 1, 1997 and is completed by January 1, 1998 ; and that language clarifying the definition of street closure stating that provided that a street closure be declared solely for crowd control purposes or solely to facilitate emergency vehicle access is not considered an evacuation. Supervisor Smith clarified that the motion was to introduce the Ordinance with the modifications and to approve the other staff recommendations on procedural issues as listed and to direct that the Planning Commission report back on November 12, 1996 . Supervisor Smith also seconded the motion. Supervisor Torlakson indicated that he could not support the motion as he felt that there was a better way and he urged the Board to continue the matter to be able to consider the November 7, 1996 , results of the Hazardous Materials Commission. Supervisors Smith and Rogers urged that the Board move ahead on this matter. The Board discussed the issue. IT IS BY THE BOARD ORDERED that recommendations 1, 2 , 3 , 4 , and 5 in the report from the Community Development Director on the proposed Hazardous Materials Ordinances are APPROVED; the Ordinance in Attachment B to the report, as modified by the Board of Supervisors today, is INTRODUCED and November 12 , 1996, is set for adoption; and the Contra Costa County Planning Commission is DIRECTED to report to the "Board of Supervisors on the proposed ordinances on November 12 , 1996 . TO: BOARD OF SUPERAI RS FROM: Leslie Stewart, Commission Chair, = _ Contra Hazardous Materials Commission;, _ Costa November 5 1996 County DATE: d- SUBJECT: Continuation of a report on the Hazardous Materials Commission review of proposed amendments to Ordinance 96-20 and other hazardous materials ordinances referred to the Commission on October 15 and October 22, 1996. SPECIFIC NBDUEST(Sil OR RECONME1MTM(M i BACKGROUND AND JUSTIFlCATM RECOMMENDATION: The Hazardous Materials Commission recommends that you take the actions described below, in addition to the actions in the Commissions report to the Board of October 22, 1996. I. Take the following actions regarding the proposed amendments to Ordinance 96-20: 1. Retain the 80-point threshold at which a land use permit is required [Sections 84-63.806, et al.]:The Commission re- emphasizes its strong recommendation that the hazard score threshold not be lowered at this time. An evaluation of the nature and risk of projects that would score below 80 should be conducted prior to such a change. The Commission put a great amount of time into the determination of the 80 threshold and has had no opportunity to reconsider that decision, nor has staff. In the Commission's October 22, 1996 report, at item 2, we recommended language that might address Board members' concern about recent projects that might otherwise not be covered.. We have simplified that language as follows: Add to 84- 63.806:'Regardless of the hazard score, if a development project is required to conduct an EIR by an agency other than the County's, a land use permit under this ordinance will be required.' 2. Strike from the definition of 'Serious Incident' the language in 84-63.421(a)(5), regarding activation of a facility's Emergency Operations Center. This may be unworkable as a practical matter, since some facilities automatically activate the EOC as soon as an emergency is reported internally. They then determine whether an emergency has actually occurred, and de-activate if it becomes clear that it has not. 3. Consider carefully the language to be inserted in the definition of'Serious Incident'at 84-63.421(a)(6) so that it not unfairly penalize "good actors.' This is the section that refers to fines from regulatory agencies. A business may accept a fine rather than go to the greater expense of fighting it even when the firm believes the fine is unwarranted. Moreover, fines and their size may not be reflective of a health concern. Jim Guthrie; Director of Enforcement at the Bay Area Air Quality Management District has said that their system of fines is complex and does not lend itself to this purpose. 4. Strike the Public Safety Agreement from the ordinance. The definition is vague and may be unworkable. The Commission restates its concern to the Board about this provision, noted in the October 22, 1996 report to the Board. 5. Adopt the language recommended by staff concerning damaged or destroyed facilities in Section 84-63.604(b)(3). The requirement that a rebuilt project have a hazard score fifty percent lower than the destroyed or damaged project is impossible to meet, and so the provision is rendered meaningless. The,staff recommendation of a five percent lower score is feasible and provides an incentive for a safer facility. 6. Strike the provision in 84-63.604(g)(1) that deems all Hazard Category A or B materials as "regulated substances.' More work needs to done on this clause. It would require facilities to model an offsite consequences analysis(OSCA)for solids, which is technically infeasible. An OSCA requires toxic endpoints, and none are established for these materials. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE 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. Contact Person: Elinor Blake (37x5022) CC: Health Services Director ATTESTED Hazardous Materials Commission (via HSD) PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY Continuation of a Report on the Hazardous Materials Commission Review of Ordinance 96-20 Page 2 7. The Commission noted its agreement with the Board's October 22, 1996 decisions on language in several sections of Ordinance 96-20, including the definition of pipelines; removal from the criteria for "Serious Incident' references to the local Fire Department and the Petrochemical Mutual Aid Organization; restoration of the amount of distance of a rebuilt project from residential property or sensitive receptor; and the language selected in the Exemptions section, 84-63-604 (d). II. Acknowledge that the Hazardous Materials Commission continued its review of the other proposed ordinances to November 7, 1996, at 4:00 p.m. and will report further to the Board at the Board's direction. FISCAL IMPACT: None. BACKGROUND - This report is a continuation of the Commission's report presented to the Board on October 22, 1996, and reflects the Commission's further review of amendments to Ordinance 96-20 at their meeting on October 24, 1996. That meeting was a continuation of the Special Meeting of October 16, 1996. At the Board's October 22, 1996 meeting, additional items were also referred to the Commission. On June 25th,the Board of Supervisors adopted Ordinance 96-20,a revision of Ordinance 86-100. The revision was developed at the Board's request by the Hazardous Materials Commission. At that meeting, the Board noted that more has to be done to prevent industrial incidents involving hazardous materials. The Board referred a number of related issues raised in public hearings to the Ad Hoc Committee on Industrial Safety. Since that time, several proposed ordinances on the subject of industrial safety and amendments to 96-20 have come before the Ad Hoc Committee and the Board. On October 1, 1996 the Board directed the Hazardous Materials Commission to review and report to the Board on October 22, 1996 concerning the proposed Community Safety Assurance Ordinance and proposed amendments to Ordinance 96-20. The Board directed the Planning Commission to review and report concerning the amendments to Ordinance 96-20. The Board also appointed an Advisory Committee on Industrial Safety to meet, study, review and determine consensus recommendations on industrial safety and report back to the Board on October 15, 1996. The Hazardous Materials Commission held a special meeting on October 16, 1996, to conduct their review. That meeting was continued to October 24, 1996. A report of the first meeting's findings was presented to the Board on October 22, 1996. 2 D-16 ,;qunty Code Chapter 11"*UP for Development ,ng Hazardous Materials Andbr Hazardous Wastes) caused the release of hazardous material or waste that may have posed an imminent threat to the public health, the environment or property and that resulted in any of the following: helter-in-place direction issued to potentially threatened populations by the H S D or other public emergency response officials; (2) The evacuation of a school, or other public facility"a NOW w::t{•:. .. ::.::.:'•4\4\............:..�:. \\;.ri:$}}:?.:it.:ti. {:5.:: .. ?S;k"}t:'viti'1.r.;ti;Y.{?{i:"`ii:i:i:.�. •::.i::i':.:: :.'r:.i,:.. Z. tertiaily 'eate .111111 f�et3pglsether erency respe:floats or sulr #s stre�ef 3) A large fire which t :for more than- % mtfmles: ..a csu s'«mid i...:. 'v is?:;.;^•':•i}i:.;.i•:.�:i'.::i:}}}?}:::::::::: :.iY::;:•:iii:i'J. ':'.:i"i:::!;i:Y ryv.} :.:.....�::..:..:.i' :...:.:: ) � Injury IIt�e�`eirt�l'i ovetight tosp # 'physic, or phycal illness s,, fectlrg threeCt ginersorts hovere: noediat eatrenynedicatfotcu. (b) "Major Incident.' An incident that occurred at a facility involved in the use, storage or handling of hazardous material or waste and that caused the offsite release of hazardous material or waste that may have posed an imminent threat to the public health, the environment or property and that resulted in any of the following: The death of one or more ersons `-`'t ' [ in'u ` >"> ';:';;iii esSfi`etitt �ne< treelor more persons, resulting in overnight hospitalization, or, itsl inJuryq ySioatduress ftecfrg--ta 10 or more persons who were seen for medical treatmentat-$fiospitef <teC r. Supervisor Rogers believes these changes provide a minimum set of standards to implement the Board's intent to use objective offsite impacts, not criteria-related to onsite impacts. Altemative Ordinances Submitted by OCAW and Shell Martinez Manufacturing Staff of the CCCHSD, Community Devejopment Department and the County Counsel spent considerable time and effort in reviewing and modifying the proposals received by the Board of Supervisors on October 22, 1996. In an effort to reach consensus between the Health Department staff and the OCAW and Shell representatives on this approach as an alternative to the Ordinance 96-20 amendments, the features of these proposals were combined into one document, which is transmitted as Attachment C. (Process Safety and Risk Management Ordinance) Although the parties were not unanimous in support of a hearing body appointed by the Board being the final hearing body, the three groups otherwise seemed satisfied that this was otherwise an appropriate alternative means to approach increased Industrial safety. Staff also met with these parties and representatives of the Good Neighbor Coalition to determine whether this approach could be successfully pursued. Modifications to County Code Chapter (LUP for Development Projects Involving Hazardous Materials AWr Hazardous Wastes) Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS On October 22, 1996, the Board directed staff to prepare two versions of them proposed modifications to Ordinance 96-20 for consideration for introduction on November 5, 1996. Those two versions are attached as Attachments A and B. In addition, the Board: Referred ordinance proposals submitted by the Oil, Chemical and Atomic Workers and Shell Oil Company to staff and requested that the proponents of those proposals work with staff to resolve differences and address the issue of preemption by state or federal law; f i r i Requested staff to make recommendations on where best to address the issue of modifying the County's Building permit requirements as they relate to industrial facilities; either as a separate code amendment or as part of the modifications to ordinance 96-20; and, Requested staff to further report on the issue of establishing a level of fines by state, regional or local agencies which would correlate to a level of threat to the public health, safety and welfare for the purpose of establishing exemption from the land use permit requirement for major maintenance projects. Attachments A and B These attachments represent the draft ordinance with the point score as currently included (a threshold for land use permits at 80 points) and a proposal for modification (to 60 points), respectively. In addition, Supervisor Rogers in conversations with staff has corrected section 84-63.604(b) to indicate that if more than 50% of a facility is destroyed by the listed causes, the rebuilding would be exempt from land use permit requirements so long as the project meets the enumerated criteria. The prior draft indicated if less that 50% were destroyed, the exemption would apply under those circumstances. It is staffs view that if less than 50% of a facility is destroyed or damaged, the provisions of code section 82.8.004 must apply, and no land use permit will be required if the use is resumed within six months. Supervisor Rogers also indicated that staff incorrectly included off-site fires in the listed causes, and the term "offsite° should be stricken. These changes are Included in the supplied drafts. Supervisor Rogers also indicated that he has spoken further with representatives of the industry group regarding section 84-63.425, Public Safety Agreement. Because of the concern of industrial representatives that they cannot with certainty predict maintenance schedules, and concern$ expressed regarding competitive position within the industry, Supervisor Rogers is suggesting deleting subparagraph (a) "A schedule of regular maintenance turnarounds at the facility for the life of the ~ agreement." Supervisor Rogers indicates that while some indust ryre representatives to whom he has spoken believe this deletion would improve the ordinance, they remain opposed to its adoption nevertheless. In addition to the previous changes which some industry representatives favored, Supervisor Rogers is also suggesting the following changes to section 84-63.421 which he has not yet discussed with industry representatives: [-14-63.421 (a) "Serious Incident." An incident that occurred at a facility involved in the use, storage or handling of hazardous material or waste and that,. J 4. OCT 30 '96 04:09PM ADAMS & BROADWELL 415-589-5062 .`7 - ��✓1 P.3/3 !/vvclio� ✓ 7�1�^ l��j/e7 � � - P :Te ed Addi Tonal teria for Serio cide t � rJ C�'�7?f'^jl'Pt'si o 'on i reCrisults 'n of site prop amage. p7n (2) 1,f'' a which r }� is in three (3) o imore igpara e, if ed con ai s to he Bay Ar Air Quality C�a� 'J age ent istr. (BAA MD) d or CCCH D of s ok , s t, o p rti late d os on, oro ersa ce in acts. p X39- E (3� A elease resu in in off-sit deposit o exposur er of haza ous material it excess of the thre hold rAla ing cpanti 1 sted fn A ndix A of art 355 of Subchapter J of a er I of Ti le 40 of a Code f Federal R � lati ns, or of any ther subs nce in hazard ca gory , or C in e�C ss of 10 00 you Payment of a fine o ivil pe al y arisin ut of o related to the re ease of haz rdo s mater a or Izardous ste a o nt�ng to t l ast $10 0 to th �kAQMD, the Regio Water Qu lit Contro B ard, - S , the t.:,wS. En orn ntal rote tion gen y, e a�ifornia /Enviro menta , Pro ctio Agen y, he al`ifornia D part ent of Tox'c Sub tance Conitro r on ra Co to County. A1065.142 ._ G-51 BAY AREA COUNCIL -D .200 Pine Street,Suite 300 San Francisco,CA 94104 (415) 981-6500 November 5, 1996 FAx (415) 981-6408 faxed and hand delivered nEXECUTIYE COMMrrTEE C)Wrman 013LBERT 8 C:r:C1 F.AMMOChairmanHonorable Jeff Smith, Chair Apple Compulrr.Inc. MARY G.F.RI'I"I'ERMAN Members,Board of Supervisors President CEO Contra Costa County KQ$D,Incrt. LL Y ' STEVEN A-e1,IRD 615 Pine Street President&CEO W. CW-y I.C. Martinez, CA 94533 DAVID A.COULTER Chairman&CEL) KENNETH T DERR Dear Members of the Board of Supervisors: man Chairk CEO Charon Corp, DONALD C.FISHER The Bay Area Council, a business supported public policy organization, Chairman UA?,Inc. remains strongly opposed to the potential adoption of modifications to the TED or H"I' <7irt�cror Contra Costa County Ordinance 96-20(Land Use Permits for blrKT, JAY r.HARRIS Development Projects Involving Hazardous Waste or Hazardous CLaitr2lcreury\rwz and Publisher 3an.1o1. Material). We also remain concerned about the hurried process to adopt se h PAUL HAZEN the modifications. Chairman&CFO Wells Pardo Bank FRANK C.Cr:O NceR Chairman&CF,O One of the Bay Area Council's key goals is to ensure economic vitality of D 'Pransarnerica Corp. the Ba Area region. Contra Costa County Is involved in activities to RICHARD A.KASHNOW Y g `J Caairman,CECT A Prrairlcnt promote economic growth and vitality throwR�, involvement in the Ba ltarchem Corp. P �' tY �++ Y DAVID M.LAWRENCE,M.D. Area Economic Forum and the Contra Costa Economic Partnership, We Cboic,ban&CFO Kaiser Foundattnn Health Plan are concerned that the proposed modifications to 96-20, and the process JOHN C. LEWIS which has transpired to develop the amendments, are totally counter to Amdahl Cure. AMY McCOMBS promotion of a positive business climate in Contra Costa County and will Resident&r Yd Chrnnlcic BrnarlrssGng 0). cause economic harm to the county and the region. Fa WARD R.McCRACREN Chairman t0 CFO Silicon Graphics,Inc. We again urge you to take caution in your deliberations on this mutter. � '�A�CFO°Uf nOrdinance 96-20 was drafted after years of work by the County Hazardous Varian Associates,Inc. ROBERT T.PARRY Materials Commission. You should not modify the ordinance without full Federal E&�CFArve review and understanding of the impacts of the modifications. Federal Resrn•r Bank of b p San Ranciun - PH1IdP J.QUIGLEY Caairmau,Pmidont&CBE) Sincerely Patine Telesis Group , T.GARY ROGERS Dray Chai7 s Grund ice Retire /'C/tr /�`� RICHARD M.R06ENB1cItG Chairman$CED,Retired p""kAn"""'Corp. Sunne Wright McPeak Jon Re nolds STANLEY T.SKINNER Y LUfman&CEO President Contra Costa County hairman Paoflc GIs and 61cctric Co. C.CRAIG SULLIVAN Cbalrrn"&CTO The Clorox Ca. ■Feunded!n ISO,rlra Ba)Ana Ceonnl :.a bwiuw-spvvnnC argangafr°x IA-1"I an pabtis Pail 6MIf-00"1 . tke rmflmn3 and guatil of ltfB to tke esy.e The rimer tit also m..yorw- w R7 Am Eroevnir 110m o, y Request .to Speak form ( THREE (3) MINUTE LIMIT) Complete this form and place It in the-box near the speakers' rostrum before addressing the Board. Name: • D Clty: �Dt,AzLc/x? Address. 1 am speaking for myself a a8anlzation: � yf *Mow of oraantsatio ) CHECK ONE: I wish to speak on Agenda Item #_ 9, / x�/ My comments will be: general for_abainst . 1 wish to speak on the wbject of not wish to but love com for _ Ido Board, r , �✓ s Rd%uest to SpeakWorm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box tear the speakers' rostrum before addressing the Board. Name; L , S-rUfl�L iF l t, L 1) ft�one: �� -d d00 AS �'oFlc r2 city: f �oepv� N I E I am speaking for mpsd or organ - Oww of otSwndsatkW CHECK ONE I wish to speak on Agenda Item #= Date: i is - cA � My comments will be: general for77 against 1 wish to speak on the subject of 1 do sof wish to but leave these comments for the Board RAuest t ( THREE (3) MINUTE LIMIT) Cornplete this form and place it in the box near the speakers' rostrum before add 'ng the Board. Name: lhor�e: �-T Z I am speaking for fnpself�or organization: Omm of WSW-, satioN GiECK ONE wish to speilC on Ageflda Item = Date:_.LL -j - 5 - My comments wilt be: general _for_against • I wish to speak on the subject Of 1 do not wish to bort leave_ these comments for the Board t0 �� ��, /i- %� � J Rdtuest tform ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box neer the speakers' rostrum before addressing the Boar& Name: C41ZPS / Address:./ _1k- _,,-, �•�, C~ity o� I am speaking for myself a 0rPnhztkwn (erne of aZwdzatioN CHECK ONE 1 wish to speak on legends Item My comments will be; general _for_aaair�st - 1 wish to speak on the subject of _. 1 do not wish to but leave these comments for the Board to •der: fl lei Retuest to speak form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. qty- lam speaking for myself_,or organiution: (name of oiZwd li m) CHECK ONE I wish to speak on agenda Item #_ Date: J l - .5 MY comments will be: general _for against I wish to speak on the subject of I do not wish to but leave these co Ufflents for the Board It 'der: x Request to Speak Form ( THREE W M!N UTE LIMIT) Complete this form and place it In the box near the speakers' nostrum before addressing the Board. *lance { ,n �,�c6k am speaking for m}sf or organisation:/� �.2 *mow of mawas m n) CHECK ONE I wish to speak on Agenda !term # �IJ� Date: My comments will be: Bengal_�far�aBaainst .., • ! wish to speak on the abject of - I do not wish to but leave comments for the Board Jo consider: RAuest to speak Worm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: SD7<s'7775"3 1 am speaking for myself'or organization: Grp CHECK ONE: ONE: I wish to speak on Agenda Item #= Date:—L—_5-_-_9L My comments will be: general _�or_abainst I wish to speak on the subject of _. 1 do not wish to but leave these coR►R►ents for the Board V 'der: RAuest to Speakform ( THREE (3) MINUTE LIMIT Complete this form and place h In the box near the speakers' rostrum before addressing the Board. Name: 0 ZA Phone.-__6 6 Z/G/, Address: e CitY:_ ,�n2 1 am speaking for myself_ ,��or organization: oum of or�nisst;oN CHECK ONE 1 wish to speak on Agenda Item 1111L Date: / s - 9 MY comments will be: general ._for_sgra 1 wish to speak on the s d*d of 1 do not wish to but leave these comments for the Board to •d,. ` Request to Speak Form ( THREE .(3) MINUTE LIMIT) Complete this form and plaice It In the box near the hers' rostrum before addressing the Board. Name• ���-� �J Addra s-, ,lCcs t ty: r'� 1A f �or izatsaru 1 am speah�ng for _____ organ oww of or andzatkw CHECK ONE: I wish to speak on Agenda Iteml my comments will be: g anus ,, jbrr_„_ag&1rz ., t wish to speak on the s&Ject of 1 do mart wish to but leavecolug ents for the Board t tof consider Rd%uest to speak form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the kers' robstrum before addressing the Board. tvame: f1 y� r ) e !Bone:S/O 6 7 6- 6 -7 7 f r I am speaking for myself—!;:�'—or organization: oww of oraaniution) CHECK ONE: I wish to speak on Agenda Item #� Date: % 1- S 1 � My c--IUUI its will be; general _jbr._aWng_. 1 wish to speak on the subject of - 1 do not wish to but leave these comments for the Board to 'der. ltiA P . R*4uest to SpeakWorm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name; R► s S !hone: -10 -6?6-o Fa 1 am speaking for myself_or organization: Wme of o�sni�ation) CHECK ONE: I wish to speak on Agenda item #= Date: My comments will be: general77 _fa'_agair�st 1 wish to spe+alc on the abject of 1 do not wish to w2eak but leave these comments for the Board 77 , to 'der: 7 7 . > Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' nostsum #Fore addressing the Board. 15�/6)Name; �a-av v 9- ' I am speaWng for myself r argardzat•on: CHECK ONE 1 wish to speak on Agenda lte n My comments will bei ge ww ._..for�.ftw 1 wish to speak on the sul*a of • 1 do not wish to speA but leave connrnents for the Board t to consider Request to speak Form ( THREE (3) MINUTE !LIMIT) Complete this form and place It in the box near the speakers' rostrum before addressing the Board. Name: C Zi t am speaking for mryself_ or organization: ane of G . OJECK ! vAoh to speak on A� '. _�.. Arty comms gmwal ._... 1 wish to speak on the u bjed of . Ido not wish to speak but leave m am its for the Board to consider. Request to Speak Form ( TH REE 0) MINUTE LIMIT) Complete this form and place It in the box near the speakers' nostrum before addressing the Board. Z7() Address;PO&I -,.�. ! amsing for f orOwn of WSW orgauu�ization: Rr� CHECIC ONE: I wish to speak on Agenda item #.L�.1L Date:.,— MY ate:Mr --IUUIxtr'ts�will be: ,games! _„ br_ftAng.. .; . _• 1 wish to Weak an the siod ✓ t do not wish to but leave comments for the Board Jo eider. RAuest to SpeakWorm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Narne: t Address: //41 -31/-�� Cthr�_�� I am speaking for myself=or organiza#ion: O me of orSMntzatioN CHECK ONE: 1 wish to speak on Agenda Item My comments will be: general _for_.a#airrst • 1 Trish to speak on the subject of 1 do not wish to but leave these comments for the Board to,l •der: Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name;b Av t l) MAv,10 !hone: 7� - 1 am along for myself_or organbm& : omni of 0 so-bas CK ONE: 11 S CHE I wish to spea{c on Agenda Item it. Date: • l� Mycomments will be: general _for_�air�st _ i wish to speak on the subject of 1 do not wish to but lea eom s speak leave mints for the board �� to consider. Request to Speak torm A 1 P ( THREE W MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: D *Bone: (76--R Sc7 4— wt,,, ► 4 4 City: Pc-�-�,J ��w 1 am speaking for myself_or organization: Esme of oZan�sataN CHECK ONE: �/s/ -7 1 wish to speak on Agenda Item f_ Date.-Ti 6 My comments will be: general _�or_agair�st 1 wish to speak on the subject of - ✓ 1 do not wish to but leave comments for the Board ,� to consider: RAuest to SpeakWorm ( THREE (3) MINUTE LIMIT) Complete tfiis form and place it in the box near the speakers' rostrum beforee: 'ng the Board. Nam I am speaking for myself_or organ - Omm of o1aniz2tkw CHECK ONE: 1 wish to speak on Agenda Item # �_ Date: l l - 5lC� My comments will be: pneral _fbr_against _ 1 wish to speak on the subject of c/ _ Ido not wish to L.W. leave these comments for the Board to 'der. � - P RAuest to SpeakWorm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. C 1 am speaking for myself_or organization:, Omm of 015wdsatwo CHECK ONE: 1 wish to speak on Agenda Item #.= Date: �/✓5 '�� Mr comments will be; general _for._"Wnst . 1 wish to speak on the subject of - i do not wish to but leave dme comments for the Board 11o 'der: R*4uest to SpeakWorm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. 0 Nww. I I I �G i h !hone; 2 z� Address: Z s R � itr, IY6h'-t7A)E, I am speaking for myself. or organization: O me of"M ww kW CHECK ONE I wish to speak on Agenda ftem #= Oate! ll- S qq My comments will be: general _for77 1 _agair�st wish to speak on the subject of I do not wish to but leave these comments for the Board to "I 7 Cl z > RAuest t ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: *-�, LL -P�:,LALc dc PhoneLs i o`� -7 4 .'7 G4s ��eSS; 3 O 23 �,it-w►oJ�t-� I,Z.. ��r: �rJZ i a GI-� I am speaking for myself_or organ - OMM of or�nisatioN CHECK ONE: 11 /5to on Item # � � b Oat � � /s/�� :peak Agenda e: My comments will be: general _fbr_aWnst . _ 1 wish to speak on the abject of I do not wish to but leave these comments for the Board to ;der.— x fl 7 Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place It In the box near the speakers' rostrum before addressing the Board. 1 am speaking for mysef f_ororgardzation: lU (now "Swa tion) CHECK ONE: 1 wish to speak on Agenda Item #= Oat Mr commerrts will be: gamin _for_Mang. 1 wish to speak on the a subject of _ ✓ do 1 ' _ riot wish to speak but leave for the board to consider. Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place It In the box near the speakers' rostrum before addressing the Name; phone: 9� /Address: am speaking for myself or organization: ane of or�ntzat;oN CHECK ONE: I wish to speak on Agenda Item #= Oates ZL-�IL. My Corwill be: general _JbragWnd i wish to speak on the object of I do not wish to speak but leave these amew its for the Board to consider: � e Rd4uest to SpeakWorm ( THREE (3) MINUTE LIMIT) Complete taus form and place It In the box near the speakers' estrum before addressing the Board. Name; gone: ya 7 -!��ZS 6;P CX 1 am speaking for myself_or organization: Omm of azwdzatkW CHKCC ONS _ I wish to speak on /agenda hen #- — Oat My comments will be: general_for_WAnst . 1 wish to speak on the subject of - 1 do not wish to but leave these comments for the Board to l RAuest to SpeakWorm ( THREE (3) MINUTE LIMIT) Complete this form and place B in the box near the speakers' nostrum before addressing the Board. Nam Ifo 13 Fle ` tia s Phone-.' Address. S 3 LysCI ' 1 Co s fir, I am speaking for myself_or - Owum of oSan1zation) CHECK ONE I wish to speak on Agenda Item 111iL pate:jj— �4;) My comments will be: general _for again . I wish to speak on the subject of _ t do not wish to but leave these comments for the Board 11 'der. x �� Request to Speaktorm ( THREE W MINUTE LIMIT) Complete this form and place h in the box near the speakers' rostrum before addressingthe Board. t'hor� 1 am speaking for myWf._or organization: t am of or�ntsatioN CHECK ONE: 1 wish to speak on Agenda Item #L,(. Date: `I— _ — Mr comments will be: general.,_foragainst _ 1 wish to speak on the subject of - ✓ i do not wish toeak but- . splease thesecomments for the Board to consider R*4uest to SpeakWorm ( THREE (3) MINUTE LIMIT) Complete this form and place It in the box near the speakers' rostrum before addressing the Board. Name: / I am speaking for myself_or organ - Oww of apadsWkW CHECK ONE: I wish to speak on Agenda Item #_ My comments will be: general _ I wish to speak on the subject of 1 do not wish to but leave these comments for the Board to l `/ l .r , R*4uest to SpeakWorm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Name: OLAN �4ddress: I / S4 yjT42� 1 am speaking for myself_or organlzation: erne of GIS--halkw CHECK ONE 1 wish to speak on Agenda Item #_ My comments will be: general _for_a�airs<t I wish to speak on the subject of 1 do not wish to but leave these comments for the Board to 'der: Request to Speak J.rm ( THREE (3) MINUTE LIMIT) Complete this form and puce it In the box near the speakers' rostrum before addressing the Board. r e370 -8 S`2� Names _.phone,. a l�ddress: 1 �i P I A v"e ����;t 41 �► 1 am speaking for myself or organization: �a�o�nira#�oN CHECK ONE: 1 wish to speak on Agm& Itan A.... Date:jL.,L-.0L-,-., r My will be: BenerW �for_againg 1 wish to speak on the subject of f1 wish to but lea do not . speak we dmm& comments for the Board to consider: P Request to eak orm ( THREE (3) MINUTE LIMIT) Complete this form and place i# in the box near the speakers' roamm before addressing the Board. Name: tr 1 am speaking for myself_ or organitza#ion: �e of azanisatioN DUCK ONE: I wish to spook on Agenda Item A. . Orate: my comrnenrts will be: general�IfoNr ! wish to on theshied ,_. :s�preah I do not wish to spe A but leave unwits for the Board to Cons"ider: Request toSpeak Torm Do � ( THREE .(3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. ! am speaking for myself_ ._or arganizattion: (nsnMe of or�nisstio�y CHECK ONE: I wish to speak on AS&Wa Item #.. Date—L--.S- MY � MY CX ' ts I wish to speak on the subject of - 1 do not wish to but leave slseaic co+mmesrts for the Board to consider. R uest to speak Vorm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name. KCh 3S3 1 am speaking for myself_or organization: omw of oraantratia� CHECK ONE: 1 wish to speak on Agenda Item - MY comnnertts will be: general _for_ahrair�st 1 wish to speak on the erect of _ 1 do not wish to but leave these comments for the Board to 'der: r ; A • Request to Speaklorm Z. 1 ,L ( THREE .(3) MINUTE LIMIT) Cromplete this forni and place it in the box near the speakers' rosb= before addressing the Board. ��ddness: �d City:% 2 ea 1 am speaking for myself_or organization: (parva of orSW6-tion) CHECK ONS 1 wish to :peak on Agenda Item # Dee: My comments will be: general_for_aga nd �. 1 wish to speak on the abject of I do not wish to speak but leave comments for the Board to/cons ider: RAuest to Speak qlorm �l ( THREE (3) MINUTE LIMIT) Complete this form and place n in the box near the 1pezkers' rostrum before addressing the Board. Name: car 2Z�"2 t°7 I am speaking for myself_or organization: erne of a�ntzataN CHECK ONE: 1 wish to speak on Agenda Item #_ Date-2L- MY ate! =My comments will be: general _for_ssafnst • 1 wish to speak on the subJect77 of 1 do not wish tofiDea but leave these comments for the Board to 'der: - ; �� . P Request to eak orm ( THREE (3) MINUTE LIMIT) CwVlete this form and place it in the box near the speakers' rostrum before addressing the Board Name: Z)lk ! am speaking for Myself,.or organitabion: CHEpC ONE: ou"of 615W �, # eat 1 wish to on Agenda MY comments wit general .,_. .%nW • I wish to speak on the xbJect of L1 do not wish to speak but leave comments for the Board to consider: RAuest to Speaktorm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board l (� Name; rho w 5-/ o ^ Address: /� 5 l � � i'l� Citr I am speaking for myself_or organ - Omm of mswd Stw CHECK ONE: I wish to speak on agenda Item #_ Oat - _ My comments will be; general _for_agairrst - _ 1 wish to speak on the subject of - _ 1 do not wish to but leave these comments for the Board to 'der: A RAuest to speak form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before add 'ng the soani I am speaking for myself_or organization: Omm of azwdzdkw CHECK ONE: I wish to speak on Agenda item #,LL Date: My comments will be: general _for_against 1 wish to speak on the wbject of I do not wish to but leave these comments for the Board to 'der. Request to Speaklorm ( THREE (3) MINUTE LIMIT) Complete this form and place It in the box near the makers' nostrum before addressing the Board. Name: Phone= I ant speaking for R yWf,, or organif nation: o of oryantation� CHECK ONE: I wish to on Age Item my will be: geExral ,_.,..for.,,,.."mind , . I wish to speak, on the subject of ✓ but leave comments for the Board _.._...._. Ido not wish to �� to consider. Request to Speak Torm ( THREE .(3) MINUTE LIMIT) Cor vfete this form and place b in the box near the speakers' s+ostrum before addressing the Board. L �YYYYYIIYI�I�I�YYYYY�YI l� dress.z 3-1�� ~/• 1• ' 1 re tz-- I am ng for myself_,_,_a • Omm of o swdz kw CHECK ONE: I wish to on Alen& item p.2.1/6 Otte; / ' f _,_ My will be: VmW I wish to speak on the abject I do not wish to but leave comnne it for the Board to consider. R*4uest toSpeakWorm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: lhone: ��ddress:� � Cdr; 1 am speaking for myself or organization: Omw of a a dzati m) CHECK ONE 1 wish to speak on Agenda Item #= My comments will be: general _for_ar�st _ 1 wish to speak on the adod of 1 do not wish to but leave tfiese comments for the Board to, 'der: 0 Request, to speak Torm ( THREE D) MINUTE LIMIT) Complete this form and place it In the box near the speakers' nostrum before addressing the Boaar& Nanm /address: - 1 am speaking for myself. or Omm of apn&dkrN CHECK ONE: 1 wash to on Agenda Item ALL My:commerfts will be; general_.for_�nd—.. ,.._ 1 wish to speak on the ablect of _ • t do not wash to slaealc bA leaveonmrts for the 6aar+d to consider: Request to Speak torm ( THREE.(3) MINUTE LIMIT) Complete this form and place It In the box near the speakers' n sttrum before addressing the Board. I am speaking for myself.or organ 'ors: *nor of ayan C'HEC'K ONE: I wish to speak on Agenda Itan g_„_„L tat MY will be: genal forw I wish to speak on the subject oaf I „�. do not wish to speak but leave cannrsersts for the Board t�•o/1consider707 IF ///f///) Request to Speaklorm ( TH REE W MINUTE LIMIT) /� Complete this form and place it in the box near the speakers' 74 before adclMmirm. the B Sro Name; Ci bane: �, 3 SSU�� ! am spealdrig for myself air orsnlzation: to as=of CHECK ONE: I wish to *eA on Agenda Item #� Ott /f ?' 6 My comments will be: general for , _____ ! wish to mpealc on the `p`■ of III+ M��I do not wish to speA but Icaye comments for the Board { to consider. 0 Request to Speak1--orm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the Weakens' nostrum before addressing the Bayard. 519V /0,F, 9�L0 � ! am spealung for arfself„—,__,aroe�p�n�at Owns of agwdzdkxO CHECK ONE: i wish to speak on Agenda Item #2 , M}► c^9"1 1 is will be genual.,.._.toraWnst ! wash to speak on t1w subjed ._._.__ ! do not wish to but leave comments for the Board �� to consider. RE*4uest to Speak form (THREE (3) Ml N UTE LIMIT) GoRiplete this form and place it in the box near the WeWkas' rostrum before addressing the Board. Nance �� !hone: �D�o2lle� • ���� �-� � ter= �,�o� 1 am **Wng forniysefL�or *MM Of«F CHKX ONE: wish to speak on AgaxLa Ilan & st My oomme will ImJoin al fz�jw� I wish to speakan the subject - 1 do not wish to speak but leave these oo for the Board to Vhi5 Request tSpeak fb, 1 �, (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the veskers' rosbum before addressing the Board. tumJ/N ll�r 2 29 - /3 3 5 • 19a� Ale w, tj 14ve City: �IJa�► CreeK 1 am speaking for �nysd#_'�or am emm of azantsatioN CHECK ONE: ` _ I wish to speak on /Agenda Item #k lj Oate: My ooigus s will be: general_for_ d _ 1 wish to speak on the adod of vx� 1 do not wish to but leave these oomnknts for the Board to �+0 S ann. vle!, 5+ry n A l,4 o nvo Tej -10 Gt nw,+-,d.rre s Land are Grimy, ca.-ice ecaL"se do con 4-6 bug-Ac, ner ;- s- Request to Speak form D, 1 � ( THREE (3) MINUTE LIMIT) Complete this form and place It In the box near the speakers" rostrum before addressing the Board. Name: A G 7.Z-t 7 9 b -A—Maress:. Al- 'DAAl CT: Ckr C� ,g- / ,J I am speaking for myself_or organization: dame of orpnizaUnn) CHECK ONE: 1 wish to speak on A,M& Item #._ Ode: My comments will be: general —for—,�ain - I wish to speak on the wbject of I do not wish torpeak but leave there comments for the Board to consider: -T- ,zw, e -a-Pe7,,an -ro � �,lzm A)9 e4 N-r?->C2" /V/Z-0,tiAN Request to SpeakOorm ( THREE (3) Mi N UTE LIMIT) Complete this form and place It In the box near the speakers' rosttrum before addressing the Board. Marne: JA-0,6S C , 1104,�Sod *hone: �I��I II�I�I�YI�I I��Ir l�tldress: 26/9 �9PPL 1/\/ I am for L Or hation: speaking nry►self,_ organ CHECK ONE: owft of GrEantsatan} I wish to speak an Agen& Item #______ Date--------- My corm wilt be: Senwal..._for._.a a1nd--.....• I wish to speak an the a bled of I do not wish to speak but leave theseoom�� �fo`r the Sward _ it 00 W&W,,49'Pie/I 7'W1,S QL,1)11Vw-(z w1u, Nar IMP/901/9 S4-Ff , /T w�u. M s.r-6 t T M g k6 Cz�'ua royp 6&rz t Al &,ul l- &s 1 atlfe loss o -'boa Request tform (THREE TH (3) MINUTE LIMIT) Complete this form and place It in the box near the speakers' WO&M before addressing the Board. NanM~ !hone: Addr,exs;�= gz? - - '-711' 1 am speaking for wynK _or OrSanbadomf 4riam of apntra�tjoN CHECa( ONE: , _ 1 wish to speak on Agenda Ron f L_ Qate My comments will be; general r_ LW v—I- I wish to speak on the subject of . r/ 1 do not wish to but leave these oomnxnts for the Board to cotssiderz Rejuest to Speak Form -1/ ( THREE (3) MINUTE LIMIT) Complete this form and place It in the box near the speakers' estrum before addressing the Board. Name. © G-�41A J n shone: ` (3 Q y �j L /� 6--(, 'P t,►�-ccs ; PI r-2 r�N- � i am speaking for myself_ or organization: oww Of o�anEratioN CHECK ONE: 1 b 1 wish to speak on Agenda Item #_ Dat I MY Comments will be: general _jor_"aira _____• 1 wish to speak on the subject 1 do not wish to speak but have these comments for the Board to consider. PPC�SE� �T�'LONG t,`t Rd%uest to Speak 'form , 1 � ( THREE C3) MINUTE LIMnD Gmwfete this form and place It in the box near the speakers' marum before addressing the Board. I�iame: `T! M w c,-> I C r "woe;- �7, eta , 3-715 C,— C kr 1 am weaft for mYelf_xor Owl CHECK ONE *Wft Of "m to on Agwida It m #.... wish to �peatc on the otrject of t do no wish to but kne these amlmemts for the Board !o wider: nPPOSP5 IT14fF Request to SpeakWorm �l I L ( THREE (3) MINUTE LIMIT) Complete this forth and place it in the box near the speakers' rostrum be addressing the Board. Name: 6u S Prt\J l !hone: -,19- 91y9:3 ACgUS,lk1Did, may; oarn � 1 am speaking for mpself_�_or organization: Oww of wzwdzatkW CHECK ONE _ 1 wish to speak on Agenda Item My comments will be: general _for_a�rairtst _ 1 wish to speak on the subject of . . 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Oatr. l►-s���, Mr comments will b� ._�.� 1 wish to speak on the A bjed of X_ 1 do not wish to speak but leave these ooh for the unard to consider, I 9s - -\M Request to Speak norm ( THREE (3) MINUTE LIMIT) Complete this form and place It In the box near the speakers' rostrum before addressing the Board Name: 'hone:a& & r—.ze63 Address: L- 5 f ,e,� �2 titer• . ��T�,vEz— I am speaking for myself_,or orpnizadon: Oum of oraantsatioN CHECK ONE: I wish to speak on Agenda Item #_ Date: MY comDWI! will be: general _for_ j*Wr4.._. 1 wish to speak on the skied of - 1 do not wish o speak but leave these comments for the Board to consider: - 4 M _'i�GTC�S/o� KJiI.C. cbl�4,�� e� T11 L�ltuu u� -Caw Are, 1� 6 T �D2 �. BE 7�t�'IC-tel ISytJ T tB� � Re to Speak dorm (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' nwbum before addressing the Board Dame: /7,��� �e-A- 7s-7 - a 1?3 /lddmxs; iz0 Z �w 7�2. j Aft, 1 am speaking for rn�d _or *MW of organ�at�a� CHECK ONE: ` 1 wish to speak on Agenda Ron My comments will be general_.for_.,"O _ 1 wish to speak on the subject of - _ 1 do not wish to speak but km dwe comments for the Board to consider: r • _ .— • /�1�u�S,77�iGo 2 �.4��.!S. � !.S o CfFj'Gsf 7Zii / • � -�z� �3�s-„�� off= ---- ,�-& ®Copyright 1988 The Franklin Institute,Inc.White Form#4003 Yellow Form#4061 Green Form#4062 Pink Form#4063 Blue Form#4 TI-11bMAS REID AtSOCIATES 505 HAMILTON AVE., SUITE 201 Tel: 415-327-0429 BOX 880 PALO ALTO, CA 94301 Fax: 415-327-4024 RECEIVED NOV --4 SM November 4, 1996 J I TRA File LCOI CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Jeff Smith, Chair Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 Re: November 5, 1996 Agenda Item D.16 - Land Use Permits for Development Projects Involving Hazardous Materials and/or Wastes Dear Mr. Smith: A. INTRODUCTION I-am writing regarding a letter to the Board of Supervisors from the California Environmental Protection Agency (EPA)/Air Resources Board asking the Board to delay action on the proposed land use ordinance ("Good Neighbor" Ordinance) until the potential effects on petroleum refineries have been considered. The Cal EPA/Air Resources Board letter questions whether the proposed ordinance could jeopardize the ability of refineries to continuously supply adequate amounts of motor fuels to the public in the event that a maintenance or repair procedure is required "without warning." The letters also speculate that the proposal could prompt refineries to schedule maintenance shutdowns (turnarounds) less frequently, which could result in less reliability and more frequent major failures. These fears are unfounded. As to the first concern, that maintenance or repair could be required "without warning," the ordinance contains a specific exemption for emergency repairs. The current draft ordinance in section 84-63.604, Exemptions, paragraph (f), describes the following exemption: "Emergency repairs to or replacement of equipment damaged in an explosion, fire or other unexpected event. Such repairs must be required in order to resume operations." Because the ordinance expressly provides an exemption for repairs needed to rapidly restore LCO11015 Jeff Smith, Chair — November 4, 1996 Page 2 service, the concern raised by Cal EPA/Air Resource Board has been considered by the Board of Supervisors and is addressed in the ordinance. A similar concern was raised by the California Energy Commission in its letter of September 27, 1996, and is similarly addressed by the ordinance. As to the second concern, that turnaround maintenance would be scheduled less frequently, conventional management practice in the petroleum and chemical industries already seeks to extend the interval between turnarounds to improve long- term average production levels. Turnaround planning is an integral part of the plant's economics and are already managed to a precise schedule. While it is plausible that the need to obtain a land use permit would add another task to turnaround planning, the time frame needed for the land use permit is well within the time frame needed for turnaround planning and hence the requirement in itself would not prolong the interval between turnarounds. The Board has also received testimony during its public hearings on this matter that supports this conclusion. Mr. Zane Gresham appeared on behalf the Coalition of Jobs and Safety (which includes two refineries as well as other heavy industry) and testified that his clients would not schedule routine maintenance less frequently as a result of the proposed ordinance land use review requirements. In the comments below, I explain why the ordinance would not have an adverse impact on turnaround practice in Contra Costa Industry. Brief excerpts from the industry literature are referenced in Exhibit B to illustrate the points made in this letter. B. DISCUSSION 1. Routine Maintenance Contrasted With Major Maintenance In Turnarounds. Modern refineries and chemical manufacturing complexes rely on regular, ongoing maintenance to assure production levels, product quality, and safety. Much public testimony from line workers in the Oil, Chemical and Atomic Workers Union underscored the vital role of routine maintenance in maximizing function and safety of existing plant equipment. This routine maintenance is not subject to the proposed ordinance changes and would continue unaffected. By contrast, the ordinance applies to major maintenance, called a turnaround, usually conducted when the plant is taken out of production in preparation for renewed service. During the turnaround, the plant makes major equipment changes LC011015 'Jeff Smith, Chair — No ber 4, 1996 • Page 3 in response to new markets, new technology; or new environmental regulations. The turnaround is a substantial cost to the plant, both in terms of direct financial outlay and in terms of lost production when the plant is shut down. Due to the magnitude of construction, most turnaround maintenance is contracted out and is similar logistically to all-new construction. 2. Turnaround Down-Time Cuts Into Profits And Is Held To A Minimum. The fundamental profit equation for a refinery or chemical manufacturing plant is production revenues less production and amortization costs. Among the many factors affecting production revenues is the amount of.time the plant is in, production, called "stream days". Under "strong market demand conditions, the plant manager will defer any shutdown as long as possible to maximize stream days. Up through the 1960's it was common practice to bring a facility down annually for turnaround. Then, the economic incentive was to keep the down-time period to a minimum — perhaps a few weeks. This approach was practical because turnaround maintenance was not complex and this approach was necessary because there was no reliable way to estimate the actual mean time between failure and maintenance needs for the equipment then in use. In the 1970's, the widespread use of computer equipment tracking and sophisticated monitoring technologies offered the promise of cutting down time by extending the major maintenance interval to two or three years. The tendency toward installing more complex new equipment increased turnaround down time and similarly increased the pressure for longer intervals between turnarounds. 3. Costs Of Equipment Failure Preclude Any Significant Delay In Turnaround Scheduling. The most obvious factor in scheduling a turnaround is the projected failure of major production equipment. Refinery or chemical plants can't afford to wait for failure to commence a turnaround. Equipment failure is detrimental for a refinery, because it results in an unpredictable interruption of the refinery's ability to operate. While failure can result in a maintenance turnaround, the lack of predictability inevitably leads to inefficiency in turnaround scheduling and hence longer total down- time. This longer loss of productivity .and the expense associated with the accident itself lead to loss of profit and potential loss of market share. .No one has suggested any reason to believe that refineries would risk such loss merely to delay applying for a land use permit by a few weeks or a few months. If there would be any economic benefit from delaying applying for a land use permit, that benefit would be far outweighed by the loss associated with equipment failure. No refinery has suggested that it would take such a risk; and there is no economically rational reason for one to do so. The adverse economic consequences associated with equipment failures and accidents would preclude delays in maintenance scheduling. LCOI1015 Jeff Smith, Chair — Nber 4, 1996 , Page 4 OW In addition, a refinery or chemical plant that might be exempt from the permit requirement because of a good safety record could jeopardize its exemption status by delaying maintenance and risking equipment failure. A record of equipment failures could also result in more rigorous permit review and more stringent permit conditions. A land use permit requirement that includes an exemption from permit review for facilities with low rates of equipment failure and accidents, as is currently being considered by the Board of Supervisors, would create a powerful disincentive for delaying turnaround maintenance. 4. Turnaround Scheduling Can Accommodate Contra Costa Permit Requirements. Shutdown/turnaround maintenance is scheduled years in advance. Shutdown/turnaround maintenance on large projects requires coordinating refinery operations so that the refinery can continue to operate as much of its equipment as possible during the shutdown/turnaround. The refinery must also conduct the engineering for the shutdown/turnaround, order new equipment, parts, and supplies, and obtain bids from reliable contractors. Some of the new equipment consists of special order manufactured items, which are not available 'off-the-shelf." Recent turnaround maintenance schedules prepared by the Unocal-Rodeo Refinery illustrate the long-term scheduling required for major maintenance turnaround projects. The schedule is incorporated as Exhibit A and, I am informed, was prepared by Unocal and attached to a General Project Maintenance Agreement executed in 1995 with the Contra Costa Building and Construction Trades Council. The maintenance schedule was developed by Unocal in 1995 and lists the primary process units and plant equipment planned for shutdown maintenance through 1999, the projected number of work hours required to perform the maintenance work on each unit and the month the shutdown and maintenance work is to commence. The proposed ordinance provides three options for facilities with regard to regulatory oversight of major maintenance projects. A facility may obtain a land use permit for each major maintenance project at the facility, enter into a multi-year Public Safety Agreement with the County that would cover all major maintenance projects during the term of the agreement, or prepare a federal Risk Management Plan (RMP) or a state Risk Management Prevention Program (RMPP) meeting the requirements specified in the ordinance. The proposed ordinance creates an alternative procedure allowing a facility to avoid project-by-project permitting by entering into a Public Safety Agreement that would authorize all major.maintenance project undertaken within the time frame of the agreement. Refineries have a number of major maintenance projects each year. The Shell Refinery, for example, has four to six such projects. It is obviously preferable for a facility to enter into a Public Safety Agreement covering years of major maintenance projects than to proceed with several land use permits each year. In fact, Mr. Ron Banducci, CEO of the Shell Martinez Refinery, testified to the Board that Shell would seek to enter into a Public Safety Agreement rather than be subject to several land use proceedings per year. LCOI1015 Jeff Smith, Chair — No ber 4, 1996 • Page 5 The proposed ordinance also provides an exemption for major maintenance projects that are covered by an RMP or RMPP that address the safety issues specified in the ordinance. This exemption would allow a facility to meet the County's public safety concerns through an expanded risk management planning process. Facilities selecting this approach.would not be subject to the land use permitting process. Thus, a facility may obtain land use permits for each major maintenance project or enter into a Public Safety Agreement, or avoid permitting review altogether by preparing an RMP or RMPP consistent with the terms of the ordinance. Regardless of the regulatory alternative selected, there would be ample time to comply with the ordinance prior to undertaking a major maintenance project. In summary, the planning process for a shutdown/turnaround requires a substantial lead time, substantially more than a year in the case of a large shutdown/turnaround. If a refinery submits an application for a land use permit at the beginning of that planning process, the refinery would be able to obtain its permit well in advance of the planned work. It would be economically irrational for a facility, as postulated by the Air Resources Board, to engage in reckless deferral of maintenance projects, which would risk both costly repairs and significant additional production down time. C. CONCLUSION It is clear that the proposed land use ordinance would have no effect on recovery from an emergency and would not harm public safety or the environment by delaying turnaround scheduling. Very truly yours, Thomas S. Reid LC0I1015 EXhibit A UNOCAL-RODEO TURNAROUND MAINTENANCE SCHEDULE 1995 MONTH HOURS COKING U-200 DECOKE 3 8,700 CRUDE U 267/715 10 6,200 ISOM UNIT 226 11 18,900 MP030 REGEN 3 12,000 SULFUR UNITS -- 7,950 SPF (COGEN) -- 5,250 TOTAL 59,000 1996 COKING UNTI 200 DECOKE 3 8,700 MP-30 REGEN 3 13,900. SULFUR UNITS 3 36,800 SPF -- 10,150 TOTAL 69,550 1997 SPP -- 5,250 200/267/215 MAJOR* 3 83,200 LUBE STRING 3 38,750 MP-30 MAJOR 3 22,000 SULFUR UNITS -- 19,150 SUBTOTAL 168,350 UNICRACKER COMPLEX 4 141 ,750 TOTAL 310,100 1998 COKING UNIT DECORE 3 8,700 MF-30 REGEN 3 13,900 SULFUR UNIT -- 23,450 SPF . -- 7,700 TOTAL 53,750 1999 UNIT 200 DECORE 3 8,700 UNIT 267 EXCS 3 5,000 MP-30 REGEN 3 13,900 SULFUR UNITS -- 211300 SPF -- 10,150 TOTAL 59,050 * Performance Based EXHIBIT B SELECTED BIBLIOGRAPHY 1. PROCESS COSTIMATING--29A. AVERAGE PROCESS-UNIT MAINTENANCE. NELSON W L; OIL GAS J V73 N.13 77-78 (3/31/75) " Refinery maintenance costs as percentage of investment have declined about 25% since 1958. Process unit maintenance costs, obtained by eliminating offsite costs from the total, average about 4.2% of investment. " 2. REFINERY MAINTENANCE REPORT/U.S. REFINERIES' LONGER RUNS, NEW TECHNIQUES. EWING R C, OIL GAS J V66 N.3 73-77 (1/15/68). 3. USING MAINTENANCE MANAGEMENT SYSTEMS AS AN AID TO OSHA AND EPA COMPLIANCE. Smith P; EDS Scicoh Inc. Petro-Safe '93/4th Annual Oil, Gas, and Petrochemical Industries Environmental and Safety Conference (Houston 1/26-28/93) Proceedings Book 1 V2 245-51 (1993). " Using maintenance management systems as an aid to OSHA and EPA compliance. From the end of October 1987 to 6/17/91, the American petrochemical industry was involved in at least 14 serious accidents and/or major upsets. The resulting explosions, fires, and upsets killed .gtoreq. 79 persons, injured 923, and caused > $2 billion in property damage. Most of these incidents occurred around a maintenance activity. The companies involved in these incidents were often heavily fined and embroiled in lawsuits, where the number of litigants often numbered into the thousands. 4. THE USE OF EMPLOYEE INVOLVEMENT PRINCIPLES IN A REFINERY SHUTDOWN PROJECT. Thomas S J; Good J; Atlantic Refining & Marketing Corp. Refinery and Petrochemical Plant Maintenance Conference 1990. "The ' shutdown was scheduled to be completed in 6 wk using--about 73,000 critical craft-man hours at a cost of $8 million for labor and material. Failure of a tube in the hydrogen reformer prompted starting the shutdown 3 wk earlier than originally scheduled. " - 5. HYDROTREATING VACUUM AND COKER GAS OILS FROM HEAVY VENEZUELAN CRUDES FOR FCCU FEEDSTOCK. LeRoy C F; Hanshaw M J; Fischer S M; Malik T; Kooiman R R; Champlin Refining & Chemicals Inc. NPRA 1991 Annual Meeting . "A discussion of the ideas and techniques that allowed Champlin Refinery & Chemicals Inc to optimize the heavy oil complex to maximize profitability and achieve the desired run lengths consistent with turnaround schedules for the refinery while processing Venezuelan heavy crude oils .." 6. ROLE OF ON-LINE ANALYZERS IN THE CONTROL OF ELECTROLYTIC REFINING. Hughes, D.V. Proceedings of the International Symposium on Modelling, Simulation and Control of Hydrometallurgical Processes. "Automatic process control enables an electrolytic refinery to compete by squeezing the highest performance out of modern plant and by preventing costly process disturbances." 7. PRESSURE INTENSE ON DOWNSTREAM OPERATIONS, VAN SICKLE S G; QUORTRUP W J, AMOCO OIL CO; NATIONAL OIL JOBBERS COUNCIL; OIL GAS J. V79 N.46 34-35 (11/16/81). " Amoco Oil Co., faced with the reduction or loss of profits in downstream operations, has withdrawn from a crude oil purchase contract with Libya, speeded refinery turnarounds, and emphasized U.S. drilling." 8. U.S. REFINERS MOVE TO WEATHER ECONOMIC WOES., AALUND L; AMOCO OIL CO; OIL GAS J. V79 N.10 52,54 (3/9/81) CHEMICALWEEK V128 N.10 23 (3/11/81) " With refined product demand at a low level in the U.S., and the refinery utilization rate in the vicinity of 70%, large refiners are closing down excess units either permanently or temporarily for maintenance and catalyst replacement. " 9. OLEFIN PLANT FLEXIBILITY MEASURES. Goetzmann, Siegmar Q.; Merz, Gerhard; Linde AG, Munich, West Ger. Chemical Engineering Progress v 79 n 12 Dec 1983 p 45-49. "This paper reports on a retrofitting of a petrochemical plant .. The actual shutdown period for the tie-ins of the new parts was approximately two months and was connected with a somewhat extended scheduled turnaround. .. Taking advantage of the gasoline and gas oil produced in the hydroconverter and allowing for additional utility and capital cost, it could achieve a payout time of 11 months for the combined investment." 10. NEW REFINERY TECHNOLOGY CUTS COSTS, BOOSTS PRODUCTIVITY, HONEYWELL TECHNALYSIS; LUBR. ENG. (ISSN 0024-7154) V40 N.11 696 (NOV. 1984). "New Refinery Technology Cuts Costs, Boosts Productivity. According to a Honeywell Technalysis study, which examines labor costs and productivity in oil refineries in 12 major U.S. oil refining regions, new technology raises productivity by precisely monitoring the refining process, reducing both time for routine maintenance and unscheduled shut-downs, which can cost refineries up to $100,000/hr in lost production. " 11. DRY VAC(UUM) TOWERS IMPROVE REFINERY OPERATIONS, WALDSMITH R W, WALK HAYDEL + ASSOCIATES INC; OIL GAS J. (ISSN 0030-1388) V82 N.49 123 (12/3/84). "Dry Vac(uum) Towers Improve Refinery Operations. Three recent Walk, Haydel & Associates Inc. vacuum column designs increased the vacuum gas oil (VGO) cut point, reduced residue yield, increased FCC unit charge stock, and produced rapid paybacks. ... Steam savings provide a 2-3 yr before-tax payback to justify the capital investment. ... When the value of upgrading residue to FCC unit charge also is added, before-tax paybacks of < 1 yr are possible. The packing can be installed during a 15 day turnaround ..." 12. TURNAROUNDS PUSH UP PHENOL PRICES. Asian Chemical News; 2, No.78, 3rd June 1996, p.23. "The article supplies brief details of phenol prices in major markets worldwide. Phenol prices are climbing strongly on the back of turnarounds worldwide and production problems in Japan which have limited supply. The article includes details of plant maintenance shutdowns of a number of major phenol producers. 13. GREAT EXPECTATIONS FOR AROMATICS IN Q2. Walker M. Eur.Chem.News; 61, No.1610, 21st March 1994, p.17. "On the supply side, the outlook for Q2 aromatics availability is likely to be one of extremely restricted supply. Refineries worldwide are closing for scheduled maintenance, reducing aromatic availability. " 14. SOUND BASIS FOR OLEFIN PRICE HIKES. Hedvat K. Eur.Chem.News; 61, No.1610, 21 st I March 1994, p.16. "The outlook for sustainable price increases in petrochemicals is better than it has been for years. ... helped form a strong basis upon which to build 02 turnaround season hikes." 15. STYRENE AVAILABILITY TIGHT FOR LAST PERIOD. Chem.Mark.Reporter; 232, No.17, 26th Oct.1987, p.7/16. "Tightness in the styrene market for this period is partly attributed to ... Arco Chemical Co.'s facility at Channelview, Tex., currently undergoing maintenance turnaround." 16. LOW PRESSURE MILD HYDROCRACKING "ROOM FOR IMPROVEMENT. Johns W F; Lamourelle A P; Hall L L; Moyse B M; Rasmussen H W; Texaco Refining & Marketing Inc; Haldor Topsoe Inc. NPRA 1996 Annual Meeting. "Texaco Refining & Marketing Inc operates a hydroprocessing unit in MHC mode at the Bakersfield, CA, refinery. ... The unit operating cycle has been increased from approx. 6 mo to 1 yr. By doubling catalyst life and eliminating one turnaround per year, annual savings have been approx. $967,000. Improvements are possible .." 17. FCC [FLUID CATALYTIC CRACKING] RELIABILITY/MECHANICAL INTEGRITY. Shaw D F; Walter R E; Zaczepinski S; Exxon Research & Engineering Co. NPRA 1996 Annual Meeting. "Exxon is the owner/operator of 22 FCC units around the world and licensor of > 50 additional units. ... Unit design integrity is evident in new and existing plants, and run lengths of greater than 60 mo have been achieved. There has been > 50% reduction in the unplanned .feed outages, a 30% reduction in planned turnarounds .." 18. DESIGN IMPROVEMENTS INCREASE RUN LENGTH. Wood, John R.; Marino, Clement K.; Petroleum Refining Consultants, Christiansed, St Croix, US Virgin Islands. Oil and Gas Journal v 89 n 8 Feb 25 1991 p 42-45. "The Hawaiian Independent Refinery (HIRI) visbreaker recently completed 843 stream days of operation before its first heater decoke and major turnaround and inspection. This is believed to be a record and shows that, with proper design criteria, longer run lengths and lower maintenance and operating costs can be achieved than previously thought possible:" 19. STATE OF THE REFINERY NDT ART. Buhrow, R. P.; Standard Oil Co, Lima, OH, USA. 1983 Proceedings - Refining Department, 48th Midyear Meeting (API). "The last 30 years has seen the average refinery process unit operating interval between major maintenance shutdowns increase from 1 year to around 3 years. This has resulted in significant increased productivity. Improvement has been possible because of the applications of, and advances in, nondestructive testing (NDT)". 20. SHELL OIL (U.K.) LTD. REFINERY GETS PLATFORMER, SHELL OIL UK LTD. Procon Great Britain Ltd; Oil Gas J. V82 N.44 33 (10/29/84). "Shell has dedicated a $68 million, 25,000 bbl/day naphtha processing plant at its Stanlow refinery near Ellesmere Port, Engl. ... The Platformer involves four stacked reactors ... and an associated continuous catalyst regeneration unit, which cuts turnarounds for maintenance to once every 3 yr. 21. HUSKY (OIL LTD.) STARTS A NEW ERA OF HEAVY OIL REFINING. Husky Oil Ltd; Oilweek (Calgary, Alberta) V34 N.17. After shutting down an old plant at Lloydminster, Alberta, on 4/26/83, Husky officially started up its $100 million refinery at the site in May 1983 ... The nominal plant design life is 20 yr, with a maintenance turnaround frequency of 2 yr. 22. CORROSION EXPERIENCES WITH NMP ((N-METHYL-2-PYRROLIDENE)) LUB(RICATING) OIL EXTRACTION PROCESS. Hopkinson B E; Penuela L E; Lagoven SA, Amuay Refinery. NACE "Corrosion/94" Meeting(1994) . "In 1985, the lubricating oil plant at Lagoven SA's Amuay refinery, Venezuela, was debottlenecked to raise its capacity from 4400 to 6000 bpd, and the extraction process was converted from phenol to NMP solvent which allows higher yields, fuel savings, and reduced toxicity. ... The time between major turnarounds was extended up to 4 years. 23. SOUTHWEST TEXAS HEAVY OIL UPGRADER PLANNED. Enpex Corp; C-E Lummus; Texas Tar Sands Ltd Oil Gas J. V80 N.29 82 (7/19/82). "Enpex Corp. plans to build the first plant of its-kind to produce synthetic crude from heavy oil in southwest Texas. The firm has named C-E Lummus contractor and over-all manager for the 20,000 bbl/day upgrading project, called Syntaro, which will have a total installed cost of $500 mil[ion. ...The process involves an expanded-bed reactor system that can operate for up to 2 yr before major turnaround is required." 24. NEW SHAPED CATALYST GIVES TWO-YEAR RUN ON MIXED RESIDS. Richardson R L; Riddick F C; Ishikawa M; Maruzen Oil Co Ltd; Union Oil Co of California; Phillips Petroleum Co; Oil Gas J. V77 N.22 80,85-86,88,93-94 x. 16 (5/28/79) "The Maruzen Oil Co. Ltd. Unicracking/HDS train (Abstract No. 24-7934) has successfully concluded a 27 mo run, .." 25. SPECIAL TECHNIQUES EXTEND ON-STREAM TIME. Dopler, J. L.; Ashland Oil Co, Ky. Oil and Gas Journal v 75 n 7 Feb 14 1977 p 105, 108, 111. "One of the major goals of any refinery- maintenance department is keeping all units and equipment on stream and operating at peak efficiency until next scheduled turnaround. ... every effort consistent with sound management and engineering is used to meet that goal for minimal operating difficulties or processing disruptions associated with maintenance. To maintain on-stream times of 3 years between turnarounds, Ashland uses, among other techniques: ... Well-planned, organized maintenance programs and scheduling." 26. STRATEGIC INVESTMENT TO BOOST PLANT CAPACITY. Hodge R; Imperial Chemical Industries Plc; BP Chemicals LTD. EUR. CHEM. NEWS (ISSN 0014-2875) V49 N.1303 10 (12/7/87). "The best investment policy for the petrochemical industry now is one that builds on existing plant capacity and that reduces costs to stay competitive. Economic ways of increasing naphtha cracking capacity include the addition of new furnaces, even if the extra capacity is not all used immediately, extending the intervals between major maintenance shutdowns, and optimizing energy use. " 27. IMPROVE PLANT RELIABILITY WITH INFORMATION SYSTEMS. Wittliff, M.; Robertson, C.C. II; O'Hearne, M.D.; CITGO Refining and Chemicals, Corpus Christi, TX, USA. Hydrocarbon Processing v 73 n 1 Jan 1994. p 63-67. "The implementation and use of maintenance management, turnaround planning, and process information systems have improved performance at CITGO Refining and Chemical's refinery and petrochemical plant in Corpus Christi, Texas. The computerized maintenance management system .. has resulted in improved equipment reliability; reductions in unscheduled plant outages, routine maintenance overtime, routine maintenance staff, and Occupational Safety and Health Administration reportable injuries to maintenance people; elimination of contracted turnaround expenses of $1.5 million; and extension of turnaround schedules." 28. REFINERY MAINTENANCE PLANNING TECHNIQUES. WARD G W, ESSO PET LTD; PET TIMES V79 N.2010 53 55 (8/22/75) "A discussion covers preventive maintenance; work scheduling major plant overhauls including .. future planning techniques involving improved computer programs and systems." 29. SAFE TURNAROUND WITH CRITICAL PATH PLANNING. STORMONT D H, MARATHON OIL CO.; OIL GAS J V62 N.2.68-71 (1/13/1964) 30. TURNAROUND PLANNING AND SCHEDULING -- A COMPUTER ASSISTED APPROACH. Steel, Keith A.; Kurtz & Steel Ltd, Sheridan Park, Ont. Natl Pet Refiners Assoc Tech Pap for NPRA Refinery and Petrochem Plant Maint Conf, Anaheim, Calif, Feb 12-14 1975 "A description is given of the Maintenance Scheduling Program computer program. Practical considerations, Turnaround Control, Updating and Re-Scheduling are discussed." 31. ORGANIZATIONAL STRATEGIES FOR MANAGING RELIABILITY. Ricketts R; Solomon Associates Inc. NPRA 1994 Maintenance Conference. " A concern closely related to maintenance cost is the impact of maintenance activities on the availability of refinery processing facilities. The performance of 11 US refineries which recorded the greatest increase in maintenance costs in 1986-92 was charted. Accompanying the rise in maintenance costs was a major decline in mechanical reliability, but nine refineries with declining maintenance costs in 1986-92 climbed dramatically from average into the best quartile of mechanical reliability. Thus,.at least in refining, there is no indication that improved mechanical reliability is related to the amount of maintenance effort expended. Some of the practices and policies associated with low cost, high reliability performance established were organizational purpose, information, use of available technology, management review of reliability activities, accountability for reliability, maintenance cost, maintenance organization structure, utilization of process operators, reliability-oriented repairs, and the crew concept. " 32. IMPROVING PLANT PROFITABILITY THROUGH RELIABILITY ENGINEERING: AVAILABILITY ASSESSMENT OF PETROLEUM PROCESSING UNITS. Dougan K W; Glennon R M; Donovan M D; ARINC Research Corp Natl. Pet. Refiners . Assoc. Annu. Meet. 1989. "A critical element in the profitability of a refinery is attaining high unit availability. ... Once the model is operational, it can be used to maximize profits on design assessments for maintenance planning, retrofits, new units, and turnaround interval scheduling. 33. PREVENTION MAINTENANCE AND PLANT TUNAROUND SCHEDULING. TURNER D G; DELTA PROJECTS INC; CATALYTIC MANAGEMENT. 39TH PET. SOC. CAN. INST. MIN. MET. TECH. ANNU. MEET. 1988. "Catalytic Management, Delta Projects Inc.'s contract maintenance company, has developed basic procedures for managing plant turnaround maintenance. Based on a study of millions of turnaround activities world-wide spanning 30 yr, the procedures cover activities from the generation of work lists to post-turnaround. Computer-Assisted Shutdown Planning .. use at refineries and petrochemical and gas plants world-wide has reaped such benefits as reduced turnaround planning efforts from 10 to 3-5% of over-all turnaround manhours; optimized manpower, material, and resources; and rapid response to unexpected turnarounds in emergency shutdowns." ` ADAMS & BROADWELL THOMAS R.ADAMS A PROFESSIONAL CORPORATION ANN BROADWELL ATTORNEYS AT LAW OF COUNSEL DANIEL L.CARDOZO CARL L.McCONNELL MARC D.JOSEPH 651 GATEWAY BOULEVARD,SUITE 900 PACKARD,MELLBERG LIZANNE REYNOLDS SOUTH SAN FRANCISCO,CA 94080 S. McCONNELL TELEPHONE I44 FACSIMILE (415) 589-1660 (415) 589-5062 October 21, 1996 RE-ECEIVED 4 Org �X BOARD OF SUPERVISORS CONTRA COSTA CO. Mr. Jeff Smith, Chair and Members of the Board of Supervisors 651 Pine Street Martinez, CA 94553 Re: Amendments to Ordinance 96-20 Dear Mr. Smith and Members of the Board: One of the principal deficiencies of the Risk Management Plan (RMP) program is the limited list of chemicals which are covered. In order to illustrate that point, the attached tables from the Shell - Martinez Clean Fuels projects are marked to show which of the products, wastes, and materials are included as "regulated substances" under the federal regulations. Only those chemicals which are marked with a check mark are regulated substances. As you can see, most of the hazardous products, wastes, heavy metals, and cancer-causing substances are not included on the federal list. These represent very substantial gaps in the existing regulatory structure which need to be addressed in order to protect health, safety, and the environment. Very truly yours, Thomas R. Adams y� TRA:bh Enclosure A1065.132 cC, t, printed on recycled paper eU Go P. Shell Oil Clean Fuels Project Draft EIR 3. Project Description -- __ Page 3-70 - TABLE 3-6 ADDITIONAL QUANTITIES OF PRODUCTS OR HAZARDOUS MATERIALS FOLLOWING COMPLETION OF PROJECT I:isted by Quantity PRODUCT Labor Code (Tons) Alkylate No 11,633 Crude Oil No 30,744 Diesel No 21,841 Dimate No 8,725 Intermediate Gasoline Yes 60,657 Jet A No 47,113 Lube Oils No 14,126 Marine Fuel Oil No 24,928 Naphtha Yes 17,449 Pentane Yes 20,939 Process Wastewater No 13,295 PropyleneButylene Yes 1,496 Rerun Hydrocarbon No 12,231 Sludges to Coker No 13,295 Sour Water No 16,618 'Total Expected Change of Hazardous 315,088 Products On Site at Any Time Listed by Quantity MATERIAL - Labor Code (Tons) Sulfuric Acid Yes 6,000 Aqueous Ammonia Yes 119 Diethanolamine Yes 287 Monoethanolamine No 140 Sodium Hydroxide (caustic) Yes 3,149 Shall Od Clean Fuels Project ! Draft EIR 3. Project Description . _ page 3-7I TABLE 3-6 (Continued) Perchloroethylene No 14 Freon Yes 8 Water Treating Chemicals Yes 12 (includes Zinc, Sodium Hydroxide) • Silicon Antifoam No 30 Merox Catalyst Yes 0.2 Aluminum Oxide Catalyst No 42 Copper/ChromiumfZinc Catalysts Yes 252 NickeUMolybdenum Catalysts Yes 617 Palladium Catalyst No 15 Platinum Catalyst Yes 62 Titanium/Vanadium Catalyst Yes 100 Total Expected Change of Hazardous 10,847 Materials On Site at Any One Time Total Expected Change of 325,935 Hazardous Materials/Products Source: Shell's Land Use Permit Application,Response to Comments(Vol.2),p.95. regulations prevailing at the time of termination. The form of decommissioning would likely involve a combination of salvage or disposal at approved landfills, as well as.site restoration. VIII. PERMITS AND APPROVALS The Clean Fuels Projects will require a number of permits and approvals before construction and operation can commence. Table 3-7 outlines the State and local agencies and the respective permits and approvals which must be obtained through them. Shell Oil Clean Fuels Project Draft EIR 9 Public Health - Page 15 TABLE 9-8 CHEMICALS EVALUATED IN THE POST-PROJECT Health Risk Assessment AND ASSOCIATED CANCER RISK VALUES Unit Risk Factor Oral Slope Factor (µglm3)"t Chemicals (1990) (1992) (1990) (1992) AB 2588 _ (1990) Acetaldehyde 2.20 x 10-6 2.20 x 10-6 NA NA YES Ammonia NA NA NA NA NE -- Arsenic 3.30 x 10-3 3.30 x 10-3 1.7 1.7 YES Benzene 2.90 x 10-' 2.90 x 10-5 NA NA YES Beryllium 2.40 x 10-3 2.40 x 10-3 4.3 4.3 YES Bromine NA NA NA NA NO Butadiene, 1,3- 2.80 x 10'1 2.80 x 10-4 NA NA YES Cadmium 4.20 x 10-3 4.20 x 10-3 40 NA YES Chlorine NA NA NA NA NE Chlorofluorocarbons NA NA NA NA NE ✓ Chloroform 5.30 x 10-6 5.30 x 10-6 NA NA NE Chromium VI 1.40 x 10-1 1.40 x 10-1 510 0.42 YES Copper NA NA NA NA YES Cresol NA NA NA NA YES Ethylene dibromide 7.10 x 10-5 7.10 x 10-5 NA NA YES Ethylene dichloride 2.20 x 10-5 2.00 x 10-5 NA NA YES ✓ Formaldehyde 1.30 x 10-5 1.30 x 10-5 NA NA YES ✓ Hydrochloric acid NA NA NA NA NE ✓ Hydrogen cyanide NA NA NA NA NO Hydrogen sulfide NA NA NA NA NE Lead NA NA NA NA YES Manganese NA NA NA NA YES Mercury NA NA NA NA YES �, r G• Shell Oil Clean Fuels Pro 0 Draft EIR 9. Public Health Page-9-26 Table 9-8,(continued) Unit Risk Factor Oral Supe Factor (lig/m3)-t (mg(kg-d)'t (1990) (1992) (1990) (1992) AB 25 88 Chemicals ) _. -'(1990). Nickel 2.40 x 104 2.60 x 10'4' NA NA YES Perch lorethylene 5.80 x 10 5.80 x 10-7 NA NA NO Phenol NA NA NA NA NE Polycyclic Aromatic 1.70 x 10-3 1.70 x 10-3 11.5 11.5 YES Hydrocarbon as B(a)P Selenium NA NA NA NA NE Toluene NA NA NA NA YES Xylenes NA NA NA NA YES Zinc NA NA NA NA YES Source: CAPCOA Air Toxic "Hot Spot" Program Risk Assessment Guidelines (1990 and 1992). Radian. NA = Noncarcinogenic or no cancer risk value listed. NE = Chemical mentioned in report, but not evaluated. to mobilize particulate matter containing the substance that has been deposited on the surrounding watershed. However, the 1992 version of the guidelines eliminates the contribution from the rainwater run-off, as the formulation in the 1990 version had been found to grossly overestimate concentrations in water. In summary, if the 1992 guidelines had been used with the 1990 refinery emissions, the estimated cancer risks would have been found to be lower. Shell Oil Clean Fuels Act. Draft EIR 9. Public Health Page 9-8 TABLE 9-2 CANCER UNIT RISK FACTORS AND CHRONIC ACCEPTABLE EXPOSURE LEVELS Acceptable Exposure Leveltt) Unit Risk Factor (Chronic) Chemicals (µglm3)`i Glglm') Non-aromatics and Benzene: 1,3 Butadiene 2.8x10 NA Formaldehyde 13x10'5 3.6 Acetaldehyde 2.2x10 9.0 Methylene Chloride 1.0x10 3.0x10+3 (Dichloromethane) Chloroform 53x10 3.5x10+' Carbon Tetrachloride 4.2x10-5 2.4 1,1,1-Trichloroethane NA 3.2x10+2 Ethylene Dichloride 2.0x10`5 9.5x10+' Perchloroethylene 5.8x10-7 3.5x10+' (Tetrachloroethane) Trichloroethylene 2.0x10 6.410+2 Benzene 2.9x10'5 7.1x10+1 Ethylene Dibromide 7.1x10.5 4.6 Aromatics (except benzene): Toluene NA 2.0x10+2 Ortho-Xylene NA 3.0x10+2 meta-Xylene NA 3.0x10+2 para-Xylene NA 3.040+2 Styrene NA 7.0x10+2 Chlorobenzene NA 7.0x10+2 ortho-Dichlorobenzene NA NA meta-Dichlorobenzene NA NA para-Dichlorobenzene I.1x10-5 7.0x10+2 Shell Oil Clean Fuels*ecr Draft EIR _ 9. Public Health Page 9-9 - Table 9-2 (continued) Acceptable Exposure Level(" Unit Risk Factor (Chronic) Chemicals (Ug/m3)-1 (µg/m3) 'Metals: Arsenic 3.3x10'3 5.0x10"1 Beryllium 2.4x10'3 4.8x10-3 Cadmium 4.2x10-3 3.5- Chromium .5-Chromium NA NA Lead NA 1.5 Manganese NA 4.0x10'1 Nickel 2.6x10-4 2.4x10"1 Hexavalent Chromium 1.4x10"' 2.0x10-3 Polycyclic Aromatic Hydrocarbons: Benzo(b)fluoranthene 1.7x10-3 NA Benzo(k)fluoranthene 1.7x10-3 NA Dibenz(a,h)anthracene 1.7x10-3 NA Benzo(a)pyrene 1.7x10'3 NA Indeno(1,2,3-cd)pyrene 1.7x10'3 NA Criteria Pollutants: Ozone NA 1.8x10+2 Nitrogen Dioxide NA 4.7x10+2 Sulfur Dioxide NA 6.6x10+2 source: CAPCOA Air Toxics "Hot Spots" Program Risk Assessment Guidelines, 1991 ,NA = Not Applicable(no value is provided in the CAPCOA guidelines): A chronic acceptable exposure level is defined as the concentration of a substance:in air to which a person. can be exposed continuously over a long period without any significant risk of adverse health effects. . ADAMS & BROADWELL THOMAS R.ADAMS A PROFESSIONAL CORPORATION ANN BROADWELL ATTORNEYS AT LAW OF COUNSEL DANIEL L.CARDOZO CARL L.McCONNELL MARC D.JOSEPH 651 GATEWAY BOULEVARD.SUITE 900 PACKARD.MELLBERG LIZANNE REYNOLDS SOUTH SAN FRANCISCO.CA 94080 S McCONNELL TELEPHONE FACSIMILE (415) 589-1660 (415) 589-5062 November 4, 1996 VIA FEDERAL EXPRESS Dr. Jeff Smith, Chair, and Members of the Board of Supervisors 651 Pine Street Martinez, CA 94553 Re: Amendments to Ordinance 96-20 , Agenda Item D16 (11/5/96) . Dear Dr. Smith: At the last meeting of the Board of Supervisors, I presented a report which showed that, despite local claims by the oil industry that the County can rely on the RMP process, the American Petroleum Institute (API) has challenged the regulations adopted by the U.S. Environmental Protection Agency to implement that program. I have subsequently received reports that local industry representatives claim that the API suit is narrow and technical, dealing principally with railroad tank car issues. Enclosed is a copy of -the actual petition filed by API in the U.S. Court of Appeal in Washington, D.C. , together with the "Preliminary and Non-binding Statement of Issues" signed by API's attorney. As you can see, the API has launched a broad attack on the requirements for worst case analysis, public disclosure, and updating process hazard analysis. In addition, the API is asserting a sweeping claim that the RMP program conflicts with other (unnamed) federal programs, including OSHA's PSM program. A claim about railroad tank cars is included, but the scope of the overall attack on the RMP program is so broad that the entire program is subject to invalidation. A1065.147 == pfrnteO O/I/eCVCleO Dd ce/ Dr. Jeff Smith, Chair November 4 , 1996 Page 2 Since the Clean Air Act prevents EPA from requiring the preparation of an RMP until 3 years after the regulations have been promulgated, invalidation of the RMP regulations could delay implementation of the RMP program for many years past June, 1999, the current deadline. I hope that submitting these materials helps clarify any questions that may have arisen regarding this legal challenge. Very truly yours, Thomas R. Adams TRA:bh Enclosure TRA:bh A1065:147 j IN HE AZNO RT 0 APPEALS F RT 1 ICT UMB! CIRCL= AMERICAN PETROLEUM INSTITUTE. ) 1 Petitioner, ) No. t96_12SLI V.U.S. ENVIRONMENTAL PROTECTION AGENCY and Carol Browner, Administrator, U.S. ) Environmental Protection Agency, ) RC G I N)U*. ! Respondents. ) 110 N F REVIEW - PETITION FOR Pursuant to Fed. R. App. P. 15(a) and section 307 (b) of the Clean Air Act, 42 U.S.C_ §7607, the American Petroleum Institute hereby petitions this Court to review the final actions taken by Respondents in promulgating the final rule "Accidental Release Prevention Requirements: Risk Management Programs Under Clean Air Act Section 112(r)(7)' published,at 61 Fed. Reg. 31668 on June 20, 1996. Respectfully submitted, Barton 1.. Stringham G. William Frick Office of General Counsel American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 (202) 682-8243 (202) 682-5033 FAX Attorneys for Petitioners Dated: August 16, 1996 d iL 7.9FC99 '0VIE: l ♦ N i! u..w .:.✓ :u . Il i V rt0 STATES COURT C j FO K DISTRICT OF COLUMBIA t,l,4GU*. RECEIVED � RECEIVED t1•IG r EE . IN TH UNITED STATES COURT OF APPEA SEP Is 1996 i FO THE DISTRICT OF COLUMBIA CIRCUI --CWX OF THE a nt, RTES cDURT OF aaPUcs CLERK American Petroleum Institute ) } Petitioner, } V. No. 96-1284 } U.S. Environmental Protection Agency, et al, ) Respondents. ) PRELIMINARY AND NON-BINDING STATEMENT OF ISSUES The American Petroleum Institute respectfully submits the following preliminary and non-binding statement of the issues it intends to raise in this case: whether the Q following aspects of the U.S. Environmental Protection Agency's (EPA)final rule "Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act Section 112(r)(7)," ("the rule) published at 61 Fed, Reg. 31666 on ,lune 20, 1996, were arbitrary, capricious, or otherwise not in accordance with law- 1. The arbitrary parameters required when developing worst-case release scenarios. Such mandated parameters can result in absurd, unrealistic or inaccurate information communicated to the public. 2. Impractical application of the rule to transportation containers, such as tank cars, not under active shipping papers. NM- ZD AU .�IOt��CIIiuy14! h'G�, 1 V V 3. The rule requires dissemination of confidential am- rade secret information. -- - 4. The rule provides duplicative and conflicting requirements with other Federal rules, such as OSHA's Process Safety Management rule. 5. Unclear requirements for the updating requirements for RMPs as a result of changes to process hazard analyses. Respectfully submitted, Barton L Stringham American Petroleum Institute 1220 L Street, N.W. Washington, DC 2OW5 Counsel for the American Petroleum Institute Dated: September 16, 1996 It ;ULUMBI:, .� c>;IvED RECEIVED N'THE U ITED STATES COURT OF�EALS Ti-!9 F R DISTRICT OF COLUMBIA CIRCUIT SEP 781996 CLERK SrATES C UA7 0 UNITED PPEEALS American Petroleum Institute ) Petitioner, ) V. ) No. 96-1284 U.S. Envirnnmental Protection Agency, et at, ) Respondents. ) CERTIFICATE OF COUNSEi. AS TO PARTIES, RULINGS AND RELATED CASES A. Parties and Amici. The parties, intervenors, and amici appearing in this Court on the above captioned matter will be the American Petroleum Institute (AFI), Petitioner, and the U.S. Environmental Protection Agency (EPA), Respondent. Petitioner API is a non-profrf trade association whose membership includes approximately 300 companies engaged in all aspects of the petroleum industry, including exploration, production, refining, transportation and marketing. API does not have outstanding securities in the hands of the public. Nor does API have any publicly owned parent, subsidiary, or affiliate. B. Rulings Under Review. The ruling under review in this case was promulgated by EPA on June 20, 1996, and published at 61 Fed. Reg. 31666, and is entitled Accidental Release Prevention Requirements: Risk Management Programs tinder -v. do Cie-an Air Act Section 112(r)(7).' C. Related Cases. On August 20, 1996, this Court consolidated the foregoing case with rhe following cases_ , 1. Chlorine Institute, Inc. v. EPA - No. 96-1279 2. National Propane Gas Association v. EPA- No. 96-1287 3. The Fertilizer institute v. EPA- No. 96-1288 4. National institute of Ammonia Refrigeration v. EPA- No. 96-1289 - 5. Chemical Manufacturers Association v. ,EPA -No. 9155-1290 Respectfully submitted, Barton L. Stringham American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 Counsel for the American Petroleum Institute Dated: September 18, 1996 ..`. r .. 4 .. {. .._../ f�y illi` ea�rj�y7^ n•1tr.— �j .A! r},} • - DISCLOSURE STATEMENT ' Pursuant to Rule 26.1 of Federal Rules of Appellate Procedure, counsel for the American Petroleum Institute (API) states that API is a nori-profit, national trade association whose members are engaged In all aspects of the petroleum industry including production, exploration. refining, transportation, and marketing. API does not have any outstanding securities in the hands of the public, nor does API have any publicly owned parent company, affiliate or subsidiary. Respectfully submitted, Barton L. Stringham Senior Attomey American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 (202) 682-0243 (202) 682-8033 FAX Dated: August 16, 1996 �J�%.Mrs`= .V,, .nr ..,yfr> .n . ,n •} .^}* /n.,.t 11V..iTf:7 ..D.E. . .t. "D. G CERTIFICATE OF SERVICE I hereby certify that the foregoing Petition for Review and Disclosure Statement have been served by the United States first class mail this 16th day of August, 1996, upon the following: Carol Browner, Administrator U.S. Environmental Protection Agency Room W1,200, West Tower 401 M St., S.W. Washington, DC 20460 Jon Averback - Mail Code 2344 U.S. Environmental Protection Agency Office of General Counsel, Air& Radiation 401 M St., S.W. Washington, DC 20460 Carrespcndence Control Unit Office of General Counsel (LE-13) U.S. Environmental Protection Agency 401 M St., S.W. Washington, DC 20460 Barton L. Stringham r RECE1VEL'l Z7. lG.► SEP 18 1996 CERTIFICATE OF SERVICE CLERK OF THE WED srAres couKr of A1FFFALs I hereby certify that on September 18, 1996, the foregoing Docketing Statement, Non-binding Statement of Issues, Certificate of Counsel, and Statement on Use of a deferred Appendix were served by first-class mail, postage prepaid, upon the following counsel: Jon Averback- Mail Code 2344 Peter L. Gray EPA ' Chris S. Lesson Otte of General Counsel, Air& Radiation McKenna & Cuneo 401 M Street, S.W. 1800 K Street, N.W. Washington, DC 204601 Washington, DC 20006 Correspondence Control Unit Richard A. Flye Office of General Counsel (LE-13) Chris S. Leason EPA McKenna & Cuneo 401 M Street, S.W. 1900 K Street, N.W. Washington, DC 20460 Washington, DC 20006 Timothy sums Paul M. Donovan U.S. Department of Justice Laroe, Winn, Moerman & Donovan Environmental Defense Section 3506 Idaho Ave., N.W. P.O. Box 23986 Washington, DC 20016 Washington, DC 20026-3986 Nancy Cookson Christina Franz CMA 1300 Wilson Blvd. Arlington, VA 22209 Barton L Stringham