HomeMy WebLinkAboutMINUTES - 01202004 - C.43 TO: BOARD OF SUPERVISORS Contrbl
FROM: INTERNAL OPERATIONS COMMITTEE
Costa
DATE: JANUARY 12, 2004 --- County
SUBJECT: HAZARDOUS MATERIALS OMBUDSMAN PROGRAM EFFORTS Toe,#:5
HELP IMPACTED COMMUNITIES IDENTIFY POSSIBLE
SUPPLEMENTAL ENVIRONMENTAL PROJECTS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. ACCEPT report prepared by the Health Services Department on the current role of the
Hazardous Materials Ombudsman in Supplemental Environmental Projects.
2. REQUEST the Health Services Department to explore possible new legislation to broaden
the criteria for use of U.S. Environmental Protection Agency and Bay Area Air Quality
Management District supplemental environment project funds and related fines to
accommodateprojects that benefit the well-being of a community, and to report its finding
to the Internal Operations Committee (IOC) in early March.
3. DIRECT the Health Services Department to make a status report to the Internal Operations
Committee in April on efforts of the Hazardous Materials Ombudsman to identify contacts
for communities that would be impacted by hazardous materials releases from the 26
primary facilities in the County, and to hold community forums for the purpose of identifying
projects that would mitigate the negative impacts of reduced air quality and contribute to
the well-being of the community, should additional Supplemental Environmental Project
funds become available.
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CONTINUED ON ATTACHMENT: YES SIGNATURE:
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RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME AT ON OF OARD COMMITTEE
APPROVE OTHER
0.1
SIGNATURE(S):
G B. UlLkavK, CHAIR (FEDEF(AL D. GLOVER
------------------------------------- ------------------------------------------------------------------------------------------------------------------------
ACTION OF BOARD ON ._1=1= 2c).7 9nnh APPROVE AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X UNANIMOUS(ABSENT NW AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED: JANUARY 20,2003
CONTACT: JULIE ENEA(925)335-1077 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
CC: INTERNAL OPERATIONS COMMITTEE STAFF
DR.WENDEL BRUNNER,PUBLIC HEALTH DIRECTOR
MICHAEL KENT,HAZARDOUS MATERIALS OMBUDSMAN BY PUTY
Role of the HazMat Ombudsman in Supplemental Environmental Projects January 12, 2004
Internal Operations Committee Page 2
BACKGROUND:
On November 4, 2003, the Board of Supervisors directed the Hazardous Materials Ombudsman
to report to the Internal Operations Committee on efforts to maintain community outreach
regarding hazardous materials issues in those communities most impacted by local refineries
and to establish and sustain a dialog with those communities on the possible usage of
Supplemental Environmental Project (SEP) funds.
At its January 12, 2003 meeting, the 2003 IOC received the attached report from the Health
Services Department describing the activities of the Hazardous Materials Ombudsman with
several Supplemental Environmental Projects resulting from fines against Shell Oil Refinery,
both locally and nationally. The Internal Operations Committee recognizes that SEP funds were
not available and were, thus, not contemplated as part of the Hazardous Materials Ombudsman
Program when it was conceived. However, as these funds have now become available as a
result of recent refinery incidents, and more funds may become available as a result of future
hazardous materials releases, we ought to be prepared to use such funds expeditiously for the
benefit of the impacted communities. We are, therefore, recommending that the County's
community ombudsman conduct forums with community representatives, including police
agencies and schools, to identify local priorities for supplemental projects should additional
funds become available.
WILLIAM B.WALKER,M.D. CONTRA. COSTfi
HEALTH SERVICES DIRECTOR
WENDEL BRuNNER,M.D. PtTBLIC IEALTF
PUBLIC HEALTH DIRECTOR597 Center Avenue,Suite 20(
Martinez,California
C ONTRA COST1%
A 94553-467
PH 925 313-671"
H E A L T H. SERVICES FAX 925 313-672'
wbrunner@hsd.co.contra-costa.ca.u,.c
Date: January 9, 2004
To: Internal Operations Committee
Supervisor Gayle B. Uilkema, District 2
Supervisor Federal Glover, District 5
From: Wendel Brunner, MD
Director of Public Health
By: Michael Kent
Hazardous Materials Ombudsma-n
Re: Role of Hazardous Materials Ombudsman in Supplemental Environmental Projects
The Hazardous Materials Ombudsman of the Contra Costa Health Services Department was
involved over the last two years with several Supplemental Environmental Projects (SEP)
resulting from fines against Shell Oil Refinery, both locally and nationally. Based on that
experience, we have several recommendations for the SEP process, and are clarifying the role
of the Hazardous Materials Ombudsman in facilitating public input into SEP.
Background
On October 14 and 17, 2001, the Shell Oil Refinery had releases of soot and catalyst from their
facility. In response to community concerns about the use of the Community Warning System
during the incident, the Hazardous Materials Ombudsman helped organize a public forum on
January 29, 2002, that was hosted by Supervisor Uilkema. On March 18, 2002, we provided a
status report to the Internal Operations Committee of the Board of Supervisors detailing how
issues identified as a result of that meeting had been resolved.
In October 2002, the Bay Area Air Quality Management District(the Air District)and the Contra
Costa District Attorney levied a fine against Shell for the releases, $270,000 of which was
designated to be spent in the Martinez area to improve air quality. In December, the Hazardous
Materials Ombudsman met with staff from the Air District and the District Attorney's office to
discuss ways to determine how to spend the money designated for the Martinez area. In that
meeting, we suggested that the Air District hold public meetings in the Martinez area to receive
public input on how to spend the money. Subsequently, the Air District adopted a Supplemental
Environmental Projects (SEP) policy in April 2003 that provides guidance on the type of projects
eligible for these kind of funds. The Air District policy now formally provides for a public
participation component.
The following year on October 30, 2003, the Air District held a public meeting to receive input on
how to spend the Shell SEP money. In the month previous to this meeting, the Hazardous
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Materials Ombudsman had contacted the Martinez School District, Contra Costa CAER, the
Contra Costa Asthma Coalition, the City of Martinez, the Contra Costa Transportation Authority,
the Transportation and Land Use Coalition, the Contra Costa County Hazardous Materials
Program, and the Contra Costa County Public Works Department to inform them of the public
meeting and to solicit their ideas on potential ways to spend the money. The Health Services
Department particularly focused on how to help frame community concerns (school
playgrounds, etc.) into the specific health-related requirements of the Air District SEP policy.
The Hazardous Materials Ombudsman also provided assistance to the Air District in their efforts
to organize and publicize the meeting.
At the same time the Air District was preparing to hold their SEP meeting, the Hazardous
Materials Ombudsman discovered, through doing research on refinery flare control options for
another project, that the federal Environmental Protection Agency also had an outstanding
penalty against Shell. This penalty was levied against Shell nationwide, not against this
particular refinery, but the settlement decree required that Shell spend approximately$500,000
in the Martinez area on air quality improvement projects. This money was to be spent in
accordance with EPA's SEP policy. Shell was in the process of developing a proposal to EPA
on how to spend the money and indicated their intent to discuss potential projects with Contra
Costa Health Services. Therefore, the Hazardous Materials Ombudsman met with Shell
representatives, EPA, and the Air District on October 29, 2003, to discuss the idea of using the
input to be received at the October 30 meeting to also inform the EPA in their decision-making
process about how to spend their SEP penalty money. All parties agreed, and the EPA
participated in the October 30 public meeting.
Recommendations
In the future, to ensure county residents and interested organizations are apprised of, and have
the opportunity to participate in, the decision-making process around the use of Air District,
EPA, and other SEP funds designated for Contra Costa County, we make the following
recommendations:
1. Request the Air District, EPA, and any others provide advance notice to County
Supervisors, other appropriate officials, and Contra Costa Health Services when SEP
funds are going to be available within Contra Costa County. Agencies should develop
and implement a public participation component as part of their SEP policy.
2. The Hazardous Materials Ombudsman continue to work directly with the appropriate
County Supervisor's office, as well as the EPA, Air District, or other agency to facilitate
future SEP public participation, according to the needs of the particular supervisory
district.
The Health Services Department area of expertise is in health, health policy, and broad public
health issues. The Hazardous Materials Ombudsman continues his role of soliciting input from
residents and organizations throughout the county about environmental pollution issues that
concern them, including air pollution issues, and helps to resolve these issues. Past examples
include assisting residents in Crockett with concerns about lead-contaminated dust from bridge
construction, facilitating community input and education in East Contra Costa about potential
dioxin contamination in the road-bedding material Sierra Crete, assisting residents living near a
coke-loading facility in Pittsburg with air quality concerns, facilitating community input and
education about the clean-up of a PG&E site in Martinez and a contaminated low-income
housing site in Richmond, and assisting a resident of Clyde with health concerns about
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potentially harmful air pollution from a near-by industrial facility. This assistance would include
informing residents and organizations about the SEP process, and letting them know when SEP
funding is available in their area.
One of our main roles in SEP can be to identify community health concerns, and to help
translate some broader community needs into the health language often required by agency
SEP policies. We can also highlight agency SEP policy provisions that may interfere with
communities using SEP monies for some of their highest priorities. As SEP and community
issues vary widely around the county, Contra Costa Health Services will work very closely with
the district supervisors on any CCHS SEP activities.
cc William Walker, MD, Director, Contra Costa Health Services
Julie Enea, Senior Deputy County Administrator
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