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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. w.. CONTINUED ON ATTACHMENT: YES SIGNATURE: ------------------------------------------------------------------------------------------------------- ----------------- --------w­----- 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 Z.Contra Costa Community Substance Abuse Services Contra Costa Emergency Medical Services Contra Costa Environmental Health Contra Costa Health Plan Contra Costa Regional Medical Center'-,.*1`-.*-*-Contra Costa Health Cep Contra Costa Hazardous Materials Programs"',."'" Contra Costa Mental Health Contra Costa Public Health.." 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 Page 2 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 Page 3