HomeMy WebLinkAboutMINUTES - 10192004 - D2 CORRECTED COPY!
PLEASE DESTROY
PREVIOUS ISSUE -_ Centra
Costa
TO: BOARD OF SUPERVISORS
County
FROM: William Walker, M.D., Health Services Director
DATE: October 19, 2004
SUBJECT: Annual Industrial Safe Ordinance Report
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
Accept the Industrial Safety Ordinance Annual Report submitted by Health Services.
FISCAL. IMPACT:
No fiscal impact
BACKGROUND/REASON'S FOR RECOMMENDATIONS:
Chapter 450-8 of the County Ordinance Cade known as the Industrial Safety Ordinance Risk Management
Chapter requires Health Services to submit annual reports to the Board of Supervisors. The ordinance
outlines what is to be included in this report. Attached is a copy of this report.
1I
CONTINUED ON ATTACHMENT: YES [-] NO SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES :
ACTION OF BOARD ON APPROVED AS REr OMM'ENDED__,�- OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE AND
�UNANIMOUS (ABSENT CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact: Randy Sawyer ((925) 646-2579) ATTESTED
cc: Randy Sawyer, Health Services Department JOHN SWEETEN, C RK OF TAE
r� BOARD OF SUPERVISORS AND
UNTY ADMINISTRATOR
RLS BY EPUTY
K,/industrial Safety Ordinance/Annual Report/Board Order 101904
INDUSTRIAL SAFETY
ORDINANCE
ANNU L P RFORMNCE REVIEW AND
EVALUATION REPORT
October 19e 2004 L
0013
By Contra costa Health Services Hazardous Materials Programs
CONTRA COSTA
HEALTH SERVICES
_ O, s. _un 7"_ _ .. .. .. ..
INDUSTRIAL SAFETY
ORDINANCE
ANNUAL PERFORMANCE REVIEW AND
EVALUATION REPORT
October 198 2004 0 Cj
00
By Contra Costa Health Services Hazardous Materials Programs
CONTRA COSTA_
HEALTH SERVICES
son
0 :
,... ,e"Ms of e _
via -s
The RaTuz of Von
ROOS F-0 7-
antro.duction, All of the processes at the stationary
The Board of Supervisors passed the source are covered as program.level 3
T
ndustrial Safety Ordinance because of processes as defined by the California
accidents that have occurred at the oil Accidental Release Prevention
refineries and chetnical plants in Contra Program
Costa County. The effective date of the
Industrial Safety Ordinance was January • The stationary sources are required to
15, 1999The ordinance applies to oil consider Inherently Safer Systems for
refineries and chemical plants with new processes or facilities or for
specified North American Industry mitigations resulting from a process
Classification System (?*l.,GyiCS) codes, that hazard analysis
Contra Costa~Health
were required to submit <t :R Isla • Contra Costa Health Services will.
Seruices completed and IM-anagement flan to the U.S. EPA and are
issued the Contra Costa a program level 3 stationary source as review all of the submitted Safety
Cn vnty Safety Program defined by the California Accidental flans and audit/inspect all of the
Gaidance Document on fieleasa Prevention {CaL,kRP) Program. stationary source's Safety Programs
within one year of the receipt of the
January l�',2(}t10. y p
The ordinance specifies the following: Safety Plans (January 15, 2001) and
a Stationary sources had one year to every three years after the initial audit/
submit a Safety Plan to Contra Costa inspection
Health Services stating how the Contra Costa Health Services will give
stationary source is complying with the an annual performance review and
ordinance, except the Human Factors evaluation report to the Board of
portion {January 15, 2000) Supervisors
Contra Costa Health Services develop Seven stationary sources that are covered
a Human Factors Guidance Document by the Industrial Safety (),rdinarice are:
Stationary sources had one year to ` Air Products at the Shell Martinez
comply with the requirements of the Refining Company
.Human Factor Guidance Document - Air Products at the Tesoro Golden
that was developed by Contra. Costa Eagle Refinery
Health Services {January 15, 2001) ° Shell Martinez Refining Company
• General Chemical West in Bay Point
For major chemical accidents or • Polychernie
releases, the stationary sources are ' ConocoPhillips Rodeo Refinery
required to perform a root cause . Tesoro Golden Eagle Refinery
analysis as part of their incident
investigations Contra Costa Health Services completed
and issued the Contra Costa County Safety
a Contra Costa Health Services may Program Guidance Document on January
perforin it's own incident investigation, 15, 2000. The stationary sources were
including a root cause analysis required to comply with the Human
Factors section of this guidance document
by January 15, 2001.
ISCAnnual Perfortnanca Review and Ewai nation Report 10.19-014 3 of 20
Contra Costa 14ealth Services has e) Health Services process for public
reviewed all of the Safety Plans participation
subt-^itted to the department and has
completed tivo audits and inspections f) Effectiveness of the Public
for all of the stationary sources as Information Bank
required "rbc- the ordinance. In addition,,
Contra Costa I eal;th Services has g, Effectiveness of the Hazardous
perforr.necl a specialized auclit for all the Materials Ombudsperson_
stationary s(.,Lirces lot' their w tinan
factors programs and for Irihcrently h) Other required program elements
Safer Systems. The status of the necessary to implement and manage
reviews and audits are discussed within the ordinance
the report.
?1 A listing of stttnwlar' sow- es cc)y'cced by
and Evalraa-don Report Chi. Otdli,lailCe, 117t;iLiCi11ig fO. C''.«lCil:
a) The status of the stationary source's
The Industrial Safety Ordinance Safety Plan and Program
specified that the contents of the
annual performance review and b) A summary of all stationary sources'
evaluation report contain the following: Safety Plan updates and a listing of
where the Safety Plans are publicly
i) brief clescriprit�sa ,.f hi.I��r f e.�lrlr available
Services is Inuet:ing the t-equn-enicnts
of t:he otxli1 f. :1, tiAows; c) The annual accident history report
submitted by the regulated stationary
a) Effectiveness of the sources and required by the ordinance
Department's program to ensure
stationary source's compliance d) A summary, including the status, of
with the ordinance any root cause analyses and incident
investigations conducted or being
b) Effectiveness of the procedures conducted by the stationary sources
for records management and required by the ordinance,
including the status of
c) Number and type of audits and implementation of recommendations
inspections conducted by
Health Services as required by e) A summary, including the status, of
the ordinance any audits, inspections, root cause
analyses and/or incident
d) Number of root cause analyses investigations conducted by Health
and/or incident investigations Services, including the stares for
conducted by Health Services implementing the recommendations
'SO Anrmai Pe fore-«sr;ce Review and E.vaivation Report 1C-19-04 4 o .2C
f) Description of inherently safety Effectiveness of Contra 'C OSt-,,1
systems implemented by the ealth Services' s�3.'�r�l -iment at orl
regulated stationary source of the indus S—dey Ordin¢ e
g) Legal enforcement actions Health Services has developed policies,
initiated by Health Services, procedures, protocols, and questionnaires to
including administrative, civil, implement both the California Accidental
and criminal actions Release Prevention Program and the
Industrial Safety Ordinance. These policies,
3) Total penalties assessed as a procedures; protocols, and questionnaires for
result of enforcement of the these programs are listerbelow:
ordinance
• Audits/Inspections Policy
4) Total fees, service charges, and • Conducting the RMPJSafety flan
other assessments collected Completeness Review Protocol
specifically for the support of • MAP Completeness Review
the ordinance Questionnaires
9 Safety Plan Completeness Revisor
5; Total personnel and personnel Questionnaires
years used by the Jurisdiction to • Conducting Audits/Inspections Protocol
directly implement or • Safe Mork Practices Questionnaires
administer the ordinance • CaJARP Program Audit Questionnaires
• Safety Program Audit Questionnaires
6) Comments from interested • Conducting Employee Interviews
parties regarding the Protocol
effectiveness of the local. • Employee Interview Questionnaires
program that raise public safety . public Participation Policy
issues • Dispute Resolution Policy
• Reclassification Policy
7) The impact of the ordinance in • Covered Process Modification Policy
improving industrial. safety • CaIARP Internal Performance Audit
Policy
• Conducting the Internal Performance
Audit
CalARP Internal Audit Performance
Auo'it Submission
::qa • Fee Policy
.<.;.�, ,» • Notification Policy
`' • Unannounced Inspection Policy
• Risk Management Plan Public Review
Policy
;view and Evaluation Report 10-19-04 5 of 20
Fleolth Services hits developed the. ConocoPhillips Rodeo Refinery
Cola,,rr Coster Crlrrrrly C'aIARP .Pr(zgraly June 24, 2004 in Richmond for the
('11in'crr7re Dosrrtrrenl and the: Corttrxr Cosla ChevronTexaco Richmond Refinery and
otfl2/r .Srrl� Prr >tr Grirlance Doerr>rlenl, General Chemical West Richmond Works
'These documents dive (1uidU!ee to the a July G,2004 in.North Richmond for the
stationary sources for co::;plying with ChevronTexaco Richmond Refinery and
the Industrial. Safety Ordinance, T"he General Chemical West Richmond Works
policies, procedores, protocols, and July 8, 2004 in Crockett for the
questionnaires, are availohle through ConocoPhillips Rodeo Refinery
Health Sc:rvices. TI-ie guidance
Guidance documents can be docunnents can be downloaded through s
downloaded thmmgb Hedlth Health Services Wehsite: cchealth.org. iia'oi:h- %
Services Website:
ohealth.org. Health Services hired a consultant to do
public outreach and setup public _ re o-s the Pr c e
meetings for the Industrial Safefor Records ty e,nt
Ordinance stationary sources that are
located in Bay Point, Clyde, North. Health Services h«s setup hard copy and
Concord, Pacheco, and the'Martinez computer files for each of the stationary,
areas of the County in 2003. Health sources. The files include rhe tollowlnt
Services again hired the consultant to Fc)lders:
do public outreach and setup public
meeting for Richmond,North - Annual status reports
Richmond, Rodeo, and Crockett in - Audits & Inspections
2004. The person hired to perform - Communications
public outreach met with organizations a Completeness Review
and people in these communities. The o Emergency Response
purpose of the outreach is to help - Incident Investigation
familiarize people that live and work R Trade Secret Information
close to the stationary sources that are
subject to the Industrial Safety The paper files for the stationary sources are
Ordinance on the ordinance and how kept in a central location. The .Accidenta'
they may be able to ask questions and Release Prevention Program has a file setup
comment on the stationary sources on the Health Services Network where the
Safety Plans and .Health Services files for each of the different stationary
Preliminary Audit findings for these sources are found and are accessible to each
stationary sources, four public of the Accidental Release Prevention
meetings were held in 2004. Below is a Program Engineers. The .Accidental Release
listing of the different public meetings: Prevention.Program files also contain
regulations, policies, information from. the
June 22,2004 in Rodeo for the U.S. EPA, the Governor's Office of
Emergency Services, the Chemical Safety and
':SOAnnual Pefforrrtance Review and Evac,:ration Repot-t'10- 9-G4 8 of 20
Hazards Investigation Board, and other audits were performed to lock at: how t%vo
information pertinent to the engineers. stationary sources would manage the
The risk management and safety plans organizational charge in case there was rt
received are kept at two different shrike and upon-striking personnel were used
Health Services locations: the instead of the striking personnel (20012).
Hazardous Materials Program Offices Health Services has completed the second
and the Accidental Release Prevention round of audits for al' of the Industrial Safety
Program Offices. Ordinance stationa-y sources in 2003 and
2004.
Health Services revised the existing
database that is used to track the status When Health Services reviews a Safety Plan,
of each of the stationary sources, a Notice of Deficiencies is produced that
including the status of each of their documents what changes to their Safety Plan
root cause analysis reports. This a stationary source are required to snake
revision allows for easier access for before Health Services determines that the
inputting and reading the data that Safety Plan is complete. The stationary
exists in the databases. Health Services source has sixty to ninety days to respond to
has also expanded the amount of data the Notice of Deficiencies. When the
that is kept through this database stationary source has responded to this
Notice of Deficiencies, Health Services will
Num- ber and , ype review the response, Health Services will
of Audit state that the Safety Plan is complete or will
and hnspectio s Conducted work with the stationary source, until the
Safety Plan is determined to be complete.
Health Services was required to audit When the Safety Plan is complete, Health
and inspect all seven regulated Services will open a public comment period
stationary sources that are required to on the Safety Plan and hold a public meeting,
comply with the Industrial Safety .Health Services will respond to all written
Ordinance within one year after the comments in writing and when appropriate
initial subs-nittal of their Safety Plans. use the comments in the audit/inspection of
Health Services reviewed all of the the regulated stationary sources.
Safe Plans and auudited/inspected all
of the stationary sources, Safety Health Services will issue Preliminary Audit
Programs within that year (2000). Findings after an audit/inspection is
Health Services 'Performed Focused complete. The stationary source will have
audits of the stationary sources for their ninety days to respond to these rindings.
Huunan Factors Programs (this was not .Health Services will review the response from
included ill the original aIudit,/ the stationary source on the Preliminary
inspection, sines the stationary sources Audit Findings. When the stationary source
were not required to iza e their Human has developed an action plan to come into
Factor 'rogram in place until IaihuatZ" compliance with the regulations, Health
2001) and Il-herenely Safer Systems in Services will issue the Preliminary Audit
20011 and 2002. additional focuused Findings for public comment and will hold a
ISCAnnual Performance Review and Evaluation Report 14-19-04 7 of 20
public meeting. Health Services will
consider any public comments that were '>
receivedduring the public comment period
and if appropriate will revise the
Preliminary Audit Findings. When this is �.
complete, Health Services will issue the s
Final Audit Findings and will respond in }
writing to any written public comments
received Table I lists the status of Health
Services review of the different stationary
sources Safety Plans and audit and '-
inspections of their Safety Programs.
Table I
ISO Stationary Source Status
ud ,j stud uinan s
Suet+ Dt4ieYene3e# Sx�e.. SIS t��Ilc lnspeetiatt PtrtN1C sei+arx(HPj ? Iti?SP f Audi#
FaetermfxreHP Aud7iJ 1 Pt�btic.
Pis�ii�St�j :.1NE0h.
Dj Player NE:[,tYng Nte�ting Update lzsurld ;.
BEfSslICANtH 8a etve8 :?tssuad VP' Cola"Ie'te Matte 3P HP Sri Obit fete fitns nctlaer 'Nte€tlfn -f;
AirPtoducts- 1J14j2000 L•/i 5/2000 1 8/30/2000 9/13/2000 11/221. /2000 5/$/2003 ./16/2001 5/10/2001 6/19/2001 5/3%2002 5/8/2003 r
Shell5/8/2003 212712004 fi
Air Products- 11/14/2000 6/1000 8/30/2000 9/13/2000 11/22/2000 5/6/2003 1116/2001 5/10/2001 6/19/200} 5/3/2002 5/6/2003
5/2
Tesoro 5/6/2003 2/272004
General 1/14%2000 6/12/2000 12/20/2000 1/2/2001 8/11%2000 5/1/2003 1/15/2001 7/23/2001 11/6/2001 5/20/2002 5/1/2003 r
Chemical/Bav 5/1/2003 6/20/2003
GonocoPhllips- 1/14/2600 3/14/2000 5/30/2000 6/15/2000 6/30/2000 4/9/2002 1/12/2001 9/10/2001 3/18/2002 11/5/2001 4/9/2002
y
Rodeo 4/9/2002 8/1/2003 6/22/20041
7/$/2004
Potychcmie 2/16/2000 5/78/2000 9/^.512000 9/28/2000 11/22/2000 5/1/2003 1/12/200f 10/24/20011 1125/2002 ? 613/2002
:rco orated 8/19 2002 2/4/2003 7/3/2003 5 1 2003 12 1912004
hell Martiaey 1/14/2000 7/19/2000 4/9/2001 '5/8/2003 10/31/2000' 5J8/2003 1/16/200} 11/9/2001 1/3/2002 4/27/2002 i 5/8/2003
ReEincc 7/22/2002 3/21/2003 i 9/15/2003 f 11/26/2004
"Ccsom Golden 1114/20008/11/2000 1/31/2001 516/2003 9/?5/2000 5/6/2003 1/12/2001 9/18/2001 12/14/2001 "12/3/2001 5/6/2003
;i Ea 3eefinory 6I17/2002 9/8/2003 i
iS^Annual Performance Review and Evaluation Report'0-19-OG• 8 of 20
u-,mb r of foot Cause— Effectiveness of he Public
inves-11-iga-do-as Conducted by
-,,-� The Hazardous 17,tlaterials �Progr<�n�s section of
a't Services
Health Services Websites has been greatly.
Health Services has not performed any Upgraded this year to include the following
incident investigations, including a root inforrnatiori.
cause analysis within the last year. .Health
Services has reviewed the reports submitted Industrial Safety Ordinance
to the department and has commented and • Description of covered facilities
requested additional information on the 0 Risk Management Chapter Discussion
stationary sources own incident ° Copy of the ordinance
investigations and root cause analyses for ° Land Use Permit Chapter Discussion
Major Chemical Accidents or Releases. • Copy of the ordinance
Health Se.-vices Process for ' Safety Program Guidance Document
_ ulic articipad o
California Accidental Release
Health Services hired a consultant to Prevention (CaJA.R.P) Program
develop and implement a public outreach m Contra Costa County's California
plan for the Richmond,North Richmond, Accidental Release Prevention
Rodeo, and Crockett areas of the County. Program Guidance Document
The plan included giving presentations to ® Program Level description
many organizations in these communities ® Discussion on Public Participation for
fron-i May through June 2004. The both Ca1ARP Program and the
constittant also arranged four public Industrial Safety Ordinance
tzreetings on tiie County's audit findings for M A trap locating the facilities that are
the following stationer,, sota.,ces: subject to the CalARP Program and
are required to submit a Risk
• ConocoPhillips Rodeo Refinery Management Plan to Health Services,
• General Chemical gest Richmond The map links to a description of
Works each of the facilities and the regulated
• ChevronTexaco Richmond Refinery substances handled.
*Hazardous Materials Inventories and
Emergency Response Program
+ � 0 Descriptions
•i._ �.».., ',.J`'3. ''"'i;:� .,t jai°, u�...s;a'a f S'.;:D".-' `3i.
m Forms
The consultants report o£the outreach
efforts and results are included in
vc;y; 11 ri of this report•
iSOAnn!tel Performance review and(✓valuation lReport'10-19-04 9 of 20
*Hazardous Waste Generators are performing their duties. Atrachment B is
• Description of the program a report from the Hazardous Materials
a Copies of the HazMat Recorder Ombudsman on the effectiveness of the
Underground Storage Tanks position.
a Description of the .program
m Copies of the Underground Storage r l
Tanks Health & Safety Code , . 3
sections I: 7 A -�• t d Mt ° 3g t i
• Underground Storage Tanks Forms Ind—us trial Safetyt d1rIs n W '
Green Business Program
Description of the Green Business The California Accidental Release Prevention.
Program with a link to ABAG's (CalARP) Program is administered by Contra
website on the Green Business Costa Health Services. The Industrial Safety
Program. Ordinance expands on this program.
Hazardous Materials Incident Stationary Sources are required to submit a
Response 'Team Risk Management Pian to Health Services
that is similar to the Safety Plans that are
Including information of the Major submitted. Health Services reviews these
Chemical Accidents and Releases Risk Management Plans and performs the
that have occurred CalARP Program audit simultaneously with
ConocoPhillips Rodeo Refinery the Industrial Safety Ordinance audit.
T'enceline Monitors
Health Services performs Unannounced
Link to Real-Time information Inspections of the stationary sources that are
Historical information part of the CaLA_RP Program and are also
Information on the chemicals required to submit a Risk Management Plan:
Links for more information to the U.S. EPA. These inspections loon at a
Description of the Unannounced focused portion of the CaIARP Program or
Inspection Program Industrial Safety Ordinance requirements, as
well as elements from the other Hazardous
f_e ,.a.iven`s.ss o -'rhe Materials Programs.
Hazardous M a c• 3.w..yv,..s
Ombti.d.S11111.311r,
The Board of Supervisors created the
Hazardous Materials Ombudsperson
position in 1997. This position was filled in
April 1998. The Board believed that the
ombudsperson would be a conduit for the
public to express their concerns about how
Hazardous Materials Programs personnel
ISO Annual Performance Review and Ew ii.anion Report 19-19-0 19 of M
Regulated Stationary - When the Notice of Deficiencies were
Sources Listing issued
When the plan was determined to be
complete by Health Services
~h, Status of the -deg Lfl at e a When the
the public meeting was held on the
n ...�'n a'...` Sources's' Safe z. t
� �I��' � �-�� '" � � Safety Plan
'45 � � Pga
`t3 .t° r ?5 • When the audits were complete
• When the public meetings were held on
All of the stationary sources that are the preliminary audit findings
regulated by the Industrial Safety ° When the Human Factors to the Safety
Ordinance were required to submit their Plan Fere revised
Safety Plans to Health Services by a When the Notice of Deficiencies were
January 15, 2000 and to have their issued for the Human Factors revised
Safety Programs completed and Safety Plan
implemented. The stationary sources When the Human Factors Safety Plan was
were also required to have a Human determined to be complete
Factors Program in place that follows - When the.Audit/Inspection was
the County's Safety Program Guidance completed
Document by January 15, 2001. The When the Human Factors Audit Findings
status of each of the regulated Audit preliminary findings Public Meeting
stationary sources is given in Table I was held
and includes the following: Locations of the Regulated
• When the latest updated Safety Plan Stationary Sources Safety Plans
was submitted
Each of the regulated stationary sources was
�'Rgilfiw ilLhd 6ist'#t Afl csea�lFbit 4a�ra�tf+3+3,
a:* * required to submit their Safety Plan to health
s ::S�+nrter
Tl
Air Produce ac Hnmfrdoue Maracxa` Services on January 15, 2000 and an updated
eIl M."°4 P°b°c Safety flan that includes the implementation
< Programa .T,i'vxary ,'t
Location H of the stationary source's Human Factors
3 Ail Pro i—in Haxardow 5dardnex j;:
Maradais P„buc Program by January 15, 2001. 'These plans
Safety Plans „_ Programa Libzary
Off are available for public review at the
sce f
q� Sack!Martinez Htwsua (Martinez ' Hazardous Materials Programs Offices at
Librarie kReFincq' Mmatcdxls. lPu6fic t to
j Prfgams Libra=y 4333 Pacheco Blvd., Martinez. When Health
eC=c� r��x.�doua Bay Poing Services determines that the Safety Plan is
2;chemical Bay Mareriais Publlc
poL�z Programa Lib racy .`} complete and prior to going out for a forty-
ff-aroua five day public comment period, Health
<.Palychemie Haaardgay Point ��;
Mazedals Pubuc
Programs Lib cavy Services will place the plan in the library{its}
car€xe closest to the regulated stationary source.
3conoeo Phgga Hazard oua wde cmckett
sari Pra co Msacdali Pubk Pubk Library't Below in Table II is a listing of the regulated
Area 'Programs. Lbrazy
## stationary sources with the location of each
Taoro Golden F£aacrdoue Martinez .� of their Safety Plans.
;.Eagie Rxfinory Maeedals Publlc
Programa Llmq
ISOAnnuol Performance Review and Evaluation Report 10-19-04. I 1 of 20
Am
Report and Inherently Soder
'
Systems ample entey1 dot
Q -ifttpl . by the: Resin ted—
The Industrial Safety Ordinance requires
the stationary sources to update the
information on the accident history of the
regulated stationary sources from their
Safety Plans and how they have used
inherently safer processes within the last
year. Table III is a listing of some of the
inherently safer systems that have been
itex�utatcd fah tr}[Y 3aYet system. �estgn GafCgvey
Ststicrnary .....em ►a # Strategy
.
Source-:
Table
Air Products at theRefinery No new irnerendy safer Sys ms i
j5hr11Mardnez Refineryimplemented this year
jAit Products—Tesoro No new inhecendy safer systems
Inheg�ep�th-, implemented this year g
'r
<.y C.o_n.co.co.PhAps Rodeo Revised equipment design features(two Passive
furySafer Syseas separate tires)
Simplify :,:
Revised equipment design features(five Inherent simplify
i separate times) l<
--�^- ---' Simplifying nca process(fivesepacanS trues)Inherent ,sunpoy
Reduction of inventory oxee separate 11oherent M nsn za op
rimes)
"s3General,Chemical-- Ne,new inherently Safer Syssraas
Bay Point implemented this year
bpolychemie No new irrherendy safer systems
y 'implemented f;'iis year
She:l Martinez Refurcry C osurt of Lube Psrn—reductica oz 'Inherent Min m za on t:
la
elim; don of regulated substances
The proyect initially was to include a new Inherent
'_MiaLnizadon, ;
column and associated equipment(pumps ! S r pGfy r
i
/compressors,ex)to process vent gas from the crude Lint Tt was deaded tilt I
we could accomplish this same ptecessing `
,by usir eeisdng equpment at rhe Delayed
!Coki%unit Thus,we opted to run some i
addition,!piping rather than the extensive i •:
(liquid containing)column and associated i l
equipment
}Tesom Golden Eagle Reduced the frequency of a hazard(five !Passive simplify
;Refinery separate tines) {
Improved temperature design rating of Passive 'Simplify
equipmenr(two separate rimes)
g.... _ ._..Reduced inventory by the elimirmring Inherent Minimization -
i tankage or piping(eight separate braes)
iSO Anmal Oerforrnance ,eview and Evali'iatiol Report l0-19-04 12 of 20
implemented by the different stationary
sources during the same period. appropriate agencies and compiled by
Health Service
Status of he Inclele`t3 W 4. Results in a flammable vapor cloud of
InV4stig-26 059 Including the more than 5,000 pounds
The regulated stationary source is required to
Conducted by the Reg��laie
submit a report to Health Services thirty days
stationary Sources after the root cause analysis is complete. The
record of the major chemical accidents or
he industrial Safety Ordinance requires releases that have occurred within the last
the regulated stationary sources to do an year and the status of each of these incidents
incident investigation with a root cause
each of the taaajor chemical investigations are included in Table N
analysis for
accidents or releases as defined by the
following; `&frajor Cl�e�zricr�l Actirlent or release
zazeans an incident that meets tl�e �fititioJr of u
Level 3 or s evel 2 incident in t1�e CoJrz;vjzrnity
Ul%`arning,Syste>sa incident level classification Diste>; r> ;
deffined in theSepternber 27. 19P7 Contra Costa
k,
Couno gzzadelane for the Co/rtr7tza7ai�r lT�arnilIg
.S),stetzi as deterlalirzed by Contra Costa Health
Services; or reszzlts in the release inclzading, but not
Awned to, air, ?pater, or soil of a re l,/crterl
szzf�stance and iveets one or rtrore of the ollorvin
f f
criteria:
I. Results in one or more fatalities
2. Results in greater than 24 hours of
hospital treatment of three or more
persons
3. Causes on and/or off-site property
damage (including cleanup and
restoration activities) initially
estimated at $500,000 or more. On-
site estimates shall be performed by
the regulated stationary source. Off-
site
ffsite estimates shall be performed by
1SOAnnual Performance Review and Evaluation Report 10-19-04 13 of 20
h
O ^t7
U
° n a o a V 3 ' o a c
x as Ij
ep
U II. C 'd w •-may v v �,
° cl
W O
V
maw
S
wi v 8 43 o n
rn 1
is o t: k vai t ro _
w y
llu o
g v o o E
• to33 W O HMac: i
CA
ryO 0 Vi
B.a o a 0 a
'1 tai �' ice' M V
7EEi`� � � CC� P.' �i ,`� 'i aC°u+ ~ � ❑ ,rte. � X, '}
C o
a
B °0 CA
ro d n w
CA E
CA
k o o & [
Y Q w -Y � :Ox 3wL'� oE� tri � � ..�l.•�t � v°i � � 3
w a
C � � ^C 3
81
C+ u
CA AS A
ISOAnnua'Performance;-� view and EvsUabon Report 141504 14 of 20
Major =r�' c Accidents aund
j Major Chemical Accidents and Reuses
Releases
12-,
F-lealth Services has analyzed the Major
tithe:-nical Accidents and Releases (A4CAR) a -«Total MCARs
Serious
that haste occu:xted since the o'� ( �1 � Medlum
implementation of the Industrial SafetyI � 4� � � "nor
a
Ordinance. The analysis i.ucluces the z 2
number of NIC.AR's and the severity of the � �` • �,,
MCAR.'s. Three different level's of severity 9999 2000 2001 2002 2003 2003
were -assigned: Year`
• Serious --A fatality, serious injuries, or
major onsite and/or offsite damage
occurred ISO Statfcnary Sources MCAR's }
• Medium--An impact to the community C 9
occurred, or if the situation was slightly s j
different the accident.may have been ' i 1--4-rotai MCAR
,g _ ?3- serious
considered.major, or there is a recurring s
Medium
A �- ' �type of incident at that facility E 4 ! Minor
{ 2 I
Minor-A release where there was no or i1 � E
minor injuries,the release had no or ° — 0 0- 200
3 3 � 1999 2000 2001 2oa� 2fl03 2204
slight impact to the community, or there Year
was no or minor onsite, damage
Below are charts showing the number of
MCAR's from January 1999 through = Co. ty and Richrnc+nd ISO MCAR's j
September 2003 for all stationary sources in `
Contra Costa County MCAR.'s, the MCAR!s 72
that have occurred at the County Industrial 10 -- t
Safety Ordinance stationary sources, and a a - --- j - - ro:airacAR
chart showing the MCAR's that have s seF'"`
occurred at the County and the City of aMedium
•-k--Minor I
Richmond Industrial Safety Ordinance
z , = jstationary sources. The charts also show i
the number of serious,medium, and minor ° u
1999 2000 2001 2002 2003 2004
MCAR's for this period. Year
�s C:'1�3•i: �^�.fir. i'l�"".�$ �r"c'? T�c�f l/
ISOAnnua!Poiflormance Review and Evaivation Report 10-19-GA 15 of 20
.�._T-:>�t`..J'..� Personnel %3.s.3.u...,. 1. ......`:i
ears Used by Health Servic-s
t y�-�, #+y a ,q
t the
As part of the enforcement of the Industrial r
Safety Ordinance and the Ca1ARP Program, 3 a`t 'y Ordinance
Health. Services issues Notice of
Deficiencies on the Safety and Risk Theciccidet�ical Release Prevention Programs
Management Plans and issues Audit
Engineers have reviewed testi l7n�ittec Safet
Findings on what a stationary source is
Plans, prcpared aid presented infcot-_nadon Lot
required to change to come into compliance pub is meetngs, worked with the catzsLtltata
with the regulations. The stationary sources
th a was hired fol-public mitreach on t_-he
are required to take actions for he out of o+-dinance, performed aLidits of the st��tion;1,`V
compliance issues that are the results of the sources for cc>:npii<Lnce With both the
audits Accidental Release Prevention
that are shown in Table I. Health
Program
Services has not taken any action thProgramand industrial Safety Ordinance 2:r e:
the District Attorney's Office for c{=ci Follow-up work <:fteta rough 1�Iaio± �ahemicaE
noncompliance with the requirements of Acl:kient- or Release. The fo-owing is a
the Industrial Safetv Ordinance. breakdown of the rine that: was spent on the
TndL:st{ial Safeti7 Ot-dinance:
.fie n, Ries Assessed. a Result Accidental Release Prevention programs
of Enforccmeint Engineers Time: 853 personnel hours or
0.41 personnel years
No penalties have been assessed this year
for noncompliance with the Industrial ° The audits take four weeks to
Safety Ordinance. perform for a total of 1000 hours.
Approximately 1/3 of the time is
dedicated to the Industrial Safety
'Ibtall _7Pees) Service Charges, Ordinance for a total of 333 Hours.
a-rim therssessme is m Follow-up work to audits — 120 hours
Collected S pcilli ,,.lty for the e It took approximately four weeks (160
hours) of work for preparing and
I -stri tl Sat` 'ty . rdinan c" giving public presentation for the
The fees charged for the Industrial Safety different Safety Plans and prep nary
Ordinance are to cover the time that the audit findings.
.Accidental Release Prevention Engineer use ' Working with Community
to enforce the ordinance, the position of Development in preparation of EIR
the .Hazardous Materials Ombudsman, and for proposed amendments to the
to cover a portion of the overhead for the Industrial Safety Ordinance arao
Hazardous Materials Programs. The fees reviewing draft EIR for 60 hours.
charged for administering this ordinance for " Preparing reports to the Board of
the fiscal year 2004 — 2005 is $199293. Supervisors took approximately 0
hours,
ISO Annan!Per o"anco Review and Evei:�atim Report 13-4 9-04 16 oi�26
• Review and meeting with The Impact of the Lidustri 1.
stationary sources on Root Cause Safety Ordinance on Improving
Analysis Reports took
approximately 20 hours.
• Reviewing information for the Four programs are in place to reduce the
website 120 hours. potential of an accidental release from a
Public consultant outreach and regulated stationary source that could impact
preparing for public meetings took l e surrounding community. "I"3ae tour
1200 hours. programs are the Process Safety Management
• Total of 2053 hours is the Program administered by ("al/OSHA, the
oarrprogramsare znplaca approximate personnel time spent on federal Accidental Release Prevention
to reduce the Poteloal of the Industrial Safety Ordinance or Program administered by the US. EPA., the
ars aresdental releraee from a 1.03 personnel years. California Accidental Release Prevention
regulated stationary sossrca Program administered by Health Services,
that could impact the This is not including the ombudsman time and the Industrial Safety Ordinance
sgsrroundirsg canamsit�ity spear helping prepare for the public adrnirtistered by Health Services. Each of
meetings,working with the engineers on the programs is very= similar with the
questions arising from the Industrial industrial Safety Ordinance being the most
Safety Ordinance, and answering stringent. The prevention elements of the
questions from the public on the program level 3 regulated statiomuj� sources
Industrial Safety Ordinance. under the federal Accidental Release
Prevention Program is identical to the
Comi-nents From InterestedProcess Safety Management Program. The
Pw,ties Regarding y main differences between the federal
Accidental Release Prevention and the
Eflfe 'tiveness o the Ca1'�.RP Programs are as follows:
Industrial Safety Ordinance -
The number of chemicals regulated
Comments and questions were raised in 4 The threshold quantity of these chemicals
the public meetings and from the public s An external events analysis, including
comment period. Some of the comments seisrnic and security and vulnerability
and questions were for stationary sources analysis, is required
that are covered by the Richmond m Additional information in the Risk
Industrial Safety Ordinance. Attachment Management flan
C is a copy of the questions and « Health Services is required to audit and
comments that were received and Health inspect stationary sources at least once
Services response to these questions and every three years
comments. • The interaction required between the
stationary source and Health Services.
ISOAnnual Performance Review and Evaluation Report 10-19-04 17 of 20
The differences beLwcen rale Ca1ARl) and MRS conducted a Safety Climate Survey that
rhe Industrial Safety Ordinance Safetts was developed by the Health and Safety
Programs are as follows; Executive from the United Kingdom. They
did an onsite evaluation, held two public
• Stationary sources are required to meetings to receive comments and questions
include a root cause analysis with the from the community, submitted a draft report
incident investigations for Major and a final report, and made oral presentation
Chemical Accidents or Releases to the Board of Supervisors and the
• The stationary sources are required to Richmond City Council. Gener2l Chemical
consider inherently safer practices developed an action plan to address all of the
• All of the process at the regulated recommendations and findings from the
stationary source are covered safety evaluation, NIRS reviewed General
• Managing changes in the organization Chemical's action plan to ensure that the
for operations and emergency response actions being taken addresses the findings
• The implementation of a Human from the safety evaluation.
Factors Programs MRS was hired to oversee the
implementation of the General Chemical
All of these requirements will and have action plan, perform a second Safety C'imale
made a change in the probability of an Survey, and to do an onsite follow-up
accident occurring. evaluation at General Chemical Richmond
Works. The follow-up evaluation was
Gen, '' � a'x 0 completed and reports were:made to the
Works us f dv E—vaalx.atiOr. Board of Supervisors and the Richmond City
Council.
The City of Richmond, Health Services,
and the Board of Supervisors were
concerned about the overall safety of the
General Chemical Richmond Works facility
and asked for a third-party safety evaluation
of this site. General Chemical agreed to the
safety evaluation. An oversight committee
was formed consisting of General Chemical
management, General Chemical employee
zq
union, the City of Richmond, Health
Services, the Hazardous Materials
Commission, and a representative from the
cotmmunimThe oversight committee
pe of work and a request
fi
develoed the scope i`
P q
for proposal and selected a third-party to
perform the evaluation. MRS #
Environmental was hired as the third-party
r
consultants to perform the safety lot a`
_
IN
evaluation. ' "" =^
ISOAnnual Per€ormarce Review and EvaiL:, Vcn.R o1'i !4-s9 D 18 of 20
Health Services 0 The stationary sources perform a
Proposed
Changes in Safety Culture Assessment
the Risk Management These recommendations along with some
Chapter of the housekeeping changes were included with the
Environmental Impact Report (EIR) process
Industrial Safety for the Contractor Training proposed
amendments to the Industrial Safety
Ordinance Ordinance.
Public Review Process for
Health Services gave the following Proposed Changes
recommendations to the Board of
Supervisors in a report on March 18, 2003
on proposed changes to the Industrial
and Environmental Health Advisory
improve the
Safety Ordinance that would Board. (PEHAB) and the Hazardous Materials
overall prevention of accidental releases. Commission reviewed the changes that were
Below is <. recapping of the report that was proposed by Health Services and approved
given at that: time on the proposed changes. recommending the changes to the Board of
Supervisors in december 2003. The
recommendations are now included as part of
Expand the Human Factors section the EIR and the.draft EIR has been
of the Industrial Safety Ordinance to submitted for public comment.
include the following:
0 Maintenance procedures City of Richmond Industrial
Management of Organizational Safety Ordinance
Changes
• Maintenance personnel The City of Richmond passed their version
s A job task analysis for each of the of the Industrial Safety Ordinance on
positions that work in operations, December 18, 2001 that became effective on
maintenance, emergency response January 17, 2002. Richmond's Industrial
and Health and Safety Safety Ordinance mirrors the County's
a Include temporary changes in the Industrial Safety Ordinance. Richmond's
Management of Organizational Industrial Safety Ordinance covers two
Change stationary sources: Chevron and General
A requirement that the stationary Chemical Richmond Works,
sources perform a Security and
ChevronTexaco and General Chemical West
Vulnerability Analysis and test the Richmond Works submitted their Safety flans
effectiveness of the changes made as to Health Services, which have been
a result of the Security and reviewed by Health Services. The public
comment period for these plans ended in
Vulnerability Analysis January 2004. Public meetings held in forth
1SOAnnua#Performance Review and Evaluation Resort 10-19-04 19 of 29
Richmond and Richmond discussed ChevronTexaco's and General
Chemical West Richmond Works audit findings.
Health Services will submit an annual report on the Richmond Industrial
Safety Ordinance to the Richmond City Council in October .
ISOAnnual Performance Review and Evaluation Report!0-19-04 20 of 20
INDUS TRIAL SA- FET ys
ORDINANCE
ANNUAL PERFORMANCE REVIEW AND
EVALUATION REPORT
ATTACHMENTS
October 19, 2004
By Contra Costa Health Services Hazardous Materials Programs
CONTRA COSTA
HEALTH SERVICES
ATTACHMENTS
, , Band
Questions Raised During Public
Meetincis For Discussion of the County
and City of Richmond Industrial Safety
Ordinance (ISO)
............. ........................................... !�6v
A TTA CHMEN T
Report of Public Awareness Training on the County's
INDUSTRIAL SAFETY
ORDINANCE
`Note Appendices leave aro€' been included with this at.tachment.
ib reC e'lre 8 c0m, of the appendices, please contact Cha Mai
Cheung at: 925-646-2906.
W Annual Performance Review and Evaluation Repoti'10-19-04 5 o#',73
-K-A-TIN ENGINEERING'CONSUL TING
P. O.Box 4727
Antioch, CA 94531-4727
(925)755-1154
fax: (925)754-8524
mkgtg@,pacbell.net
July 19,2404
Mr. Randall L. Sawyer
Director
Contra Costa Hazardous Materials]Programs
4333 Pacheco Boulevard
Martinez, California 94553-2295
Subject: Deport of Public Awareness Training on the County Industrial Safety Ordinance
Dear Mr. Sawyer:
This is a report of the public awareness training on the Industrial Safety Ordinance provided to
Contra Costa County during the period.February 1, 2404 through July 31,2004.
BACKGROUND
The United States Environmental Protection Agency(US BPA.) imposes some of the strictest
environmental regulations governing companies operating in the United States. Within California,
environmental agencies such as the California Air Resources Board(CARB), Regional Water
Quality Control Board(RWQCB), the Department of Toxic Substances Control (DTSC), and.the
Bay Area Air Quality Management District(BAAQMD) are inclined to make environmental
regulations in the state more stringent than the rest of the United States.
One regulatory program,the California Accidental Release Program(CalARP),has jurisdiction
over sixteen (16).chemical plants and petroleum refineries in Contra Costa County. (A summary of
the company names is included. in Appendix A.) The County Board of Supervisors,heeding the
concerns of the community, approved the Industrial Safety Ordinance(ISO)in December 1998
making Contra Costa County the toughest location in the world for environmental health and safety
regulations.
INTRODUCTION
The ISO applies only to chemical plants and petroleum refineries located in unincorporated
portions of Centra Costa County that use or manufacture extremely hazardous chemicals in a
quantity alcove a specified threshold amount. There are nine companies in the County that are
under the jurisdiction of the ISO, including:
1. Conoco Phillips Refinery in Rodeo
2. Shell Refinery in Martinez
3. Air Products at Shell Refinery
4. Tesoro Refinery in Concord
Mr.Randall L. Sawyer. July 19,2003
Public Awareness Training on the County Industrial Safety Ordinance Page 2
S. Air Products at Tesoro Refinery
6. General Chemical in Bay Point
7. Polychemie in Bay Point
8. Chevron Refinery
9. General Chemical in Richmond
A map indicating the approximate location of these nine facilities is included in Appendix B.
The goals of the Industrial Safety Ordinance(ISO) are:
• Prevent accidental release of hazardous chemicals
• Iniprove accident prevention by soliciting participation from industry and the community
• Require industry to submit a Safety Plan
• Conduct audits of the Safety Plans and inspections of the industrial plants
• Seek public comment on the Safety Plan
A previous contract was issued by Contra Costa County to conduct a pilot public awareness-
training program and obtain public comment on the Safety Plan submitted by ConocoPhillips
Refinery. The contract was issued to the Paper, Allied-Industrial, Chemical &Energy Workers
International Union(PACE)to conduct this training between September 2001 and April 2002.
Their approach was to conduct one training session at one central location in Contra Costa County.
Meeting attendance was not as successful as expected.
Last year, between December 1, 2002 and May 31, 2003, KA TIN ENGINEERING CONSULTING took
a new and different approach. From December 1,2002 through April 31, 2003 we conducted
community awareness training for the remaining six companies under the jurisdiction of the ISO.
We elected to hold multiple, small meetings with the public in their own familiar surroundings.
We contacted over las 5 social, service, civic, church, school, and residential organizations.
RESULTS OF PUBLIC AWARENESS TRAINING
Due to the success of our presentations last year,my company continued with our methodology.
From February 1, 2004 through July 31, 2004 we conducted community awareness training for the
remaining three companies tinder the jurisdiction of the ISO. We contacted over 110 social,
service, civic, church, school, and residential organizations in western Contra Costa County. To
aid in publicizing these meetings, the organizations were provided a brief meeting announcement
for their use. See Appendix C.
Our program consisted of a 20-minute PowerPoint color slide presentation followed by a ten-
minute question and answer session. Also included was a showing of a National Oceanographic
and Atmosphere Administration (NOAA) "fixed station weather radio"and a brief demonstration
to show the public how they would hear an alert and how they could be advised of a chemical
emergency. County and Community Awareness & Emergency Response (CAER)handouts on the
"Com mmmity Warning System" and"Who Should You Call About Environmental Pollution in
Contra Costa County"were distributed at the community meetings. We generated a directory of
MW Randall L. Sawyer July 19,2003
Public Awareness Training on the County Industrial Safety Ordinance Page 3
important phone numbers that could be used as a handy reference for the public and these were also
distributed. A copy of all three of these handouts is enclosed as Appendix D.
The remaining three companies under the jurisdiction of the ISO were discussed in two separate
presentations, which focused on companies in two geographical locations. One set of meetings
were held in the Richmond/Point Richmond/San Pablo area to discuss General Chemical and
Chevron Refinery. Another set of meetings was held in the Rodeo/Crockett area to discuss
ConocoPhillips Refinery. A copy of the Richmond area PowerPoint presentation slides is included
in Appendix E. As indicated in the presentation slides, I offered to meet withh individuals, answer
questions, and assist in providing feedback to the County after they reviewed Safety Plans.
Throughout the six-month contract approximately 800 people were reached.
To ensure that the Spanish speaking population in the County was reached, my PowerPoint slides
were translated into Spanish, and an interpreter was available to act as interpreter and translate my
comments, audience questions,and my responses. However, no presentations were delivered in
Spanish this year. Spanish speaking groups advised that their attendees were bilingual. At one
presentation,Atchison Village Neighborhood.Council, I made the presentation in English and an
interpreter translated my comments and their questions. A County flier that was distributed to the
community in Spanish is included in Appendix F. CAER shelter in place wallet size cards were
also made available to the public in Spanish. A Spanish television channel,Channel 48
Telemundo, called the for details on one presentation.(Concilio Latino).
A summary of the 110 different organizations that were contacted is included in Appendix G.
Appendix H is a 33-page list of approximately 800 people contacted. Some of the contacts did not
result in meetings; however, 618 people attended 47 meetings. The list of contacts made includes
phone numbers, facsimile numbers, mailing addresses, and e-mail addresses. It allows for
subsequent communication with the interested members of the community.
A compilation of 411 questions and comments raised during the presentations is enclosed as
Appendix I. The questions raised were given to the County which organized thein into five
categories and made into an ISO Frequently Asked Questions(FAQs) section of the County
Internet website httv://www.echealth.oipchealthP ,e es/hazardous/iso introduction.html.
Last year Contra Costa Television(CCTV)made an in-studio taping of the public presentation.
The same presentation was scheduled to be aired on CCTV six times during the current contract
between April 7 and April 22,2004. Specific airdates and times are listed in Appendix J.
The County trade the announcement publicizing four public forums for final meetings. Two
meetings each were scheduled for the two general geographical locations that corresponded to the
location of the industrial facilities. Information was promulgated on CCTV,KCRT, and in two
newspapers, the San.Francisco Chronicle and the Contra Costa Times. A copy of the news release
is enclosed as Appendix K. Public forum meetings were also advertised on the County website
(cchealth.org). The County also, sent an e-mail to 600 interested parties including attendees of
previous local group meetings.
Mr.Randall L. Sawyer ,July 19,2043
Public Awareness Training on the County Industrial Safety Ordinance Page 4
The four locations were:
0 Rodeo Senior Center at 189 Parker Avenue in Rodeo at 7 PM on June 22, 2004(for
ConocoPhillips Refinery)
0 Temporary City Council Chambers at 1401 Marina Way South in Richmond at 7 PM on June
24,2004(for Chevron Refinery and the general Chemical plant in Richmond)
i North Richmond Multi Culture Center at 515 Silver Avenue in North Richmond at 7 PM on
July 6,2004(for Chevron Refinery and the general Chemical plant in Richmond)
• Crockett Community Centex at 850 Pomona Street in Crockett at 7 PM on July 8, 2004(for
ConocoPhillips Refinery)
A separate announcement listed the 45-day public comment period that ended on July 15, 2004.
As a result of the Public Outreach conducted by KA TIN ENGINEERING CONSULTING twelve (12)
journalists and representatives of other government agencies contacted me:
Tamara Perry of KRON TV Channel 4
Tomas Roman of K.RON TV Channel 4
Susan.Kennedy ofKQED TV Channel 9
Chris Verdugo of CCTV TV
Cecily McMahon.of KCRT TV Channel 28
James Telufo ofKSTS TV Channel 48 Telemundo
Deidre Kennedy of KQED Radio FM 88.5
Lisa Liu of KPFA Radio FM 94.1
Eric Rich of Bay City News Service
,Dan Robertson of the Crockett Signal
• Javier Avila, District Representative in Chula Vista, CA for Senator Denise Ducheny
• Jon Trout of the.Louisville Metro Air Pollution Control District in Kentucky
In order to provide variety and an opportunity for the public to address their questions directly to
industry and the County, the format of the four final meetings was different from the community
group presentations. Instead of my 20-minute PowerPoint presentation with a subsequent question
and answer period, a panel discussion was held.
As Moderator, I began the presentation with a brief PowerPoint presentation of the ISD. Panelists
included: the industrial facility representatives of the respective geographic location where the
meeting was being held and the County Hazardous Materials Program accidental release prevention
engineers responsible for overseeing the relevant industrial facilities. The seven panel questions
were developed in a discussion with County staff based on questions raised at the 20-minute
PowerPoint presentations. The panel questions were distributed to the panelists in advance. A
copy of the questions is enclosed as Appendix L. A copy of the agenda is enclosed as Appendix
M.
Mr.Randall L. Sawyer Jury 19,2003
Public Awareness"training on the County Industrial Safety Ordinance Page 5
Tables were set up as an Open House and panelists were invited to display and provide any
handouts they desired. To facilitate public participation,my display table held copies of the
agenda,panel questions, a form for audience questions, and a meeting critique form. I also had a
supply of my business cards available in case attendees had questions arise subsequent to the
meeting. An announcement was made during the meeting to publicize my availability to answer
questions regarding Safety Plans and provide assistance in generating feedback to the County. A
total of 60 people attended the four final meeting panel discussions. A summary of the audience
survey from the four panel discussions is enclosed as Appendix N.
LESSONS LEARNED
The final public meetings were not as well attended as the small community presentations. To
ensure a better turnout, more advertising is required. This includes newspapers, radio, and a flier
that could be included with utility bills. For fliers to be effective, they must be short and visually
attractive. A full-page text announcement is too long and wordy. The public will not spend the
time to react it. There must be an eye-catching picture or a good headline.
Participation is enhanced by scheduling multiple, small meetings and conducting them where and
when people regularly attend(e.g. service, social, fraternal, community, school groups). People are
more comfortable attending a meeting when they are familiar with the location and know other
attendees. even though it may be the monthly club meeting,participation was improved by
providing a brief flier to the organization coordinator to use for publicizing the meeting. The best-
attended presentation was when a meal was provided at no cost to those attending. Partnering with
organizations improved audience attendance. The best-attended presentation was held in
conjunction with the Richmond Neighborhood Coordinating Council.
The request to schedule presentations was made individually by personally contacting
organizations by phone. Although not all organizations contacted agreed to schedule a meeting,the
personal touch of the phone call resulted in more positive responses than an anonymous,
impersonal fax or letter.
Keeping the presentation to less-than one hour is critical to increasing attendance and maintaining
the audience's attention. Although a half-hour presentation will not make the public experts,in ISO
nor allow them to critique a Safety Plan., it does however give the community a much better
indoctrination to ISS).
Most people appeared satisfied with the 20-minute PowerPoint presentation followed by a ten-
minute question and answer period. While I was able to subsequently address individual questions
received by e-mail and phone calls, requests for group tours of facilities and detailed review of a
specific facility's safety plans would require additional time not available in this contract.
The public appears to he starved for contact with the County. Although I advised every audience
that I was not a County employee, audiences appeared thrilled at the first visit they have ever had
from the County.
Mr.Randall L. Sawyer July 19,2003
Public Awareness Training on the County Industrial safety Ordinance Page 6
Points of contact are perishable. If contact is not maintained on a regular basis,the phone numbers
and e-mail addresses change. Attempts were made to contact people and organizations,but
contacts provided were no longer valid.
It takes a significant amount of time to coordinate a meeting. Routinely,people are not sitting by
the phone awaiting your call to schedule a presentation. People are not good at returning calls.
Follow-up calls and e-mails are required. Cold-calling organizations did not yield the degree of
success attained from networking,i.e. having a specific name and number to contact. An even
higher success rate results,when someone from the organization initiates the contact.
A summary of Lessons Learned includes:
• More advertisement is required for public forums.
• utilize all means of advertising (newspapers,radio, and a flier inserted with utility bills.)
• Pliers roust be short and visually attractive.
• Pliers must be eye-catching(use a picture or a good headline).
• Attendance is best at small meetings of service, .social, fraternal, community, and school
groups.
s A brief, eye-catching flier allows an organization to publicize the meeting.
• Attendance is improved when free food is provided.
• Attendance is improved when meetings are held in conjunction with other groups.
• Most people are satisfied with a short 20 to 30-minute presentation.
« Special presentations require additional funding to coordinate
• The personal touch of a phone call improves requests to conduct presentations.
RECOMMENDATIONS
Contra Costa residents live in a heavy industrialized location. They seem to disregard non-
industrial sources of pollution and tend to focus the blame for environmental problems on chemical
plants and petroleum refineries. They do not distinguish between facilities under the jurisdiction of
the ISO or not. "whenever there is a chemical release or accident at one of the plants, there is a
public outcry.
It is recommended that the County be more pro-active. Contact has been established with the
community as a result of this project. It would be beneficial to both the County and the community
to continue public awareness so that the effect of a minor event is not blown out of proportion.
The contract expired just as public interest was beginning to build. The public presentations should
be expanded to include the entire County,not only the"industrial corridor" surrounding the three
companies for which this contract was initiated. Multiple requests were made for presentations in
the Rodeo and Richmond areas but could not be scheduled because they fell outside the time
constraints of the current contract. Many attendees asked for presentations on facilities not
included in the ISO.
In additionto public presentations, the County may want to consider a monthly or quarterly
newsletter be distributed in order to build on the public interest that has been initiated through this
Mr.Randall L.Sawyer July 19,2003
Public Awareness Training on the County industrial Safety{ordinance Page 7
contract. A one-page flier would keep the public informed on a regular basis and provide a point of
contact so that they felt they could contact someone, if they had an environmental or industrial
facility question. A database has been generated to facilitate communications. If the database is
not maintained,the contact information may degrade. Rather than wait for a crisis to occur,
keeping the public regularly informed may benefit all concerned.
A summary of recommendations includes:
• The County should continue public awareness training so that the effect of a minor event is
not blown out of proportion.
• Public outreach presentations should be expanded to include the entire County. Multiple
requests were made for presentations that could not be scheduled during the timeframe of
this contract. Many attendees asked for presentations on facilities not included in the ISO.
• The County should regularly distribute a newsletter to build public interest on the ISO.
• The database of persons contacted should be maintained to facilitate communications.
CLOSING COMMENTS
Our success was due to excellence in public speaking,use of good visual aids, and years of
industrial and environmental experience. By engaging the audience through questions geared to
promote group participation, attendees left the meetings with the benefit of knowing how to
recognize a chemical release and what safety steps they should take. Rather than have a boring
lecture, the meeting format included amulti-media brief presentation followed by a question and
answer period. Our technical expertise enabled us to respond to audience questions. Replies were
not only technically correct but also understandable through use of everyday examples.
To sum.up,I am a local.Contra Costa.County resident and businessman. I am a licensed chemical
professional engineer(PE)with over 30 years of industrial experience, own an engineering
consulting and training company, and my company is a Disabled Veteran Business Enterprise
(DVBE). We would be pleased to support the County in any engineering, environmental
consulting,or public training needs.
Sincerely,
Robert A. Katin, PE
Principal
A TTA CHMENT B
Hazardous Materials 3) To provide technical assistance to the
Ombudsman Evaluation public.
for the Year r 2004 The Hazardous Materials Ombudsman
currently accomplishes these goals through
the following program elements:
1) Continuing an outreach strategy so that
On July 15, 1997 the Contra Costa County the people who live and work in Contra
Board of Supervisors authorized creation Costa County can know about and utilize
of an Ombudsman position for the the program.
County's Hazardous Materials Programs.
The first Hazardous Materials Ombudsman 2) Investigating and responding to questions
began work on May 1, 1998. The Contra and complaints, and assisting people in
Costa County Board of Supervisors gathering information about programs,
adopted an Industrial Safety Ordinance on procedures, or issues.
December 15, 1998. Section 450-8.022 of
the Industrial Safety Ordinance requires the 3) Participating in a networik of
Health Services Department to continue to environmental programs for ti?e purpose
employ an Ombudsman for the Hazardous of providing technical assistance.
Materials Programs. Section 450-
8.030(B)(vii) of the Industrial Safety This evaluation covers the year 2004 for the
Ordinance requires an annual evaluation of Hazardous Materials Ombudsman program.
the effectiveness of the Hazardous The effectiveness of the program shall be
Materials Ombudsman,with the first demonstrated by describing that the activities
evaluation to be completed on or before of the Hazardous Materials Ombudsman
October 31, 20100. meet the goals established in the Industrial
Safety Ordinance.
The goals of section 450-8.022 of the
Industrial Safety Ordinance for the 11 lleograz
Hazardous Materials Ombudsman are:
1. Continuing the Outreach Strategy
1) To serve as .a single point of contact for
people who live or work in Contra This year, efforts were focused on conducting
Cc�sra Co iraty regarding environmental outreach at public meetings and expanding
he'<tltll concerns, questions and the language capabilities of the outreach.
complaints Glbout t11e Hazardous Through September, ten presentations were
Materials ;'rograms• made to service organizations, Municipal
Advisory Councils and Chambers of
?) To investigate concerns and complaints, Commerce with several more planned. Copies
facilitate their resolution, and assist of the Ombudsman Brochure were translated
people in gathering inforrn-ation about into Spanish and were distributed to the
programs, procedures, or issues.
ISO Annual performance Review and Evaluation Report 10-19-04 156 of 173
public at meetings, presentations, public issues received via the telephone were
events, and through the mail. A contact generally responded to within one business
person was also established in Public day of being received. Many of the
Health that could receive calls from the information requests were answered during
public in Spanish and serve as an the initial call. Some requests required the
interpreter to respond to these calls. In collection of information or written materials
addition to explaining the services provided that often took several days to compile.
by the position, the brochure also provides Telephone requests were responded to by
the phone numbers of several other related telephone unless written materials needed to
County and State programs.The web page be sent as part of the response.
was maintained for the program as part of
Contra Costa Health Services web site. Complaints about the Hazardous Materials
This page contains information about the Programs have been received via telephone
program, links to other related web sites, and in writing. Persons that have :rude
and information about upcoming meetings complaints via telephone have been also
and events. A toll-free phone number is still asked to provide those complaints in writing.
published in all three Contra Costa County This year, the Hazardous Materials
phone books in rhe Government section. Ombudsman received two inquiries about
activities or actions of the Hazardous
2. Investigating and Responding to Materials Programs. The first complaint was
Questions and Complaints, and about the noise level o£one of the
Assisting in lnForrnation gathering Community Warning System sirens near an in-
home day care center. The Ombudsman
A_ Keslxfacilitated the noise level being tested in front
Comply '-ts of the center. When the level was found to be
within acceptable levels, the Ombudsman
This year, the Hazardous Materials provided educational materials designed to
Ombudsman has received 1.30 requests for explain the system to children and ease their
assistance from the general public through anxiety. The other complaints -were about the
September, with an additional 45 requests response to the July 4 release from the Tesoro
anticipated by the end of the year. This refinery. The concerns raised by several
would be a three percent increase over last individuals were responded to by the Director
year. Over 98 percent of these requests of the Hazardous Materials Program. The
occurred via the telephone, and have been Ombudsman reviewed and agreed with tfnese
requests for information about responses.
environmental issues. Most of these
requests concern problems around the , ill lI1C( Ill<if tt,'l �Y rilciias�
home such as asbestos removal, household
hazardous waste disposal, pesticide misuse, Many of the environmental pollution issues
and lead contamination. that Contra Costa residents are concerned
about are on-going regulatory programs or
Information requests about environmental industrial activities. Helping people to
ISO Annual?erfoi mar ice Review and Evaluation Report.10-10-04 157 of 173
participate in these regulatory activities or Rodeo.This organization started the
to effectively advocate their interests about outreach program in November of
an industrial activity usually means 2001. This pilot program was
providing theta with more information or completed in March of 2002.
advice than can be done with a single phone
call. Often these issues are complex and can Based on the results of this pilot program, the
take months to resolve. Some of this is Board of Supervisors directed the Hazardous
dome through technical assistance, which Materials Ombudsman to Hire and supervise
will be covered in the next section, an Industrial Safety Ordinance Public
Participation facilitator to conduct outreach
Another way of helping the public to gather for six months to the remaining six facilities
information is to erasure the public has the subject to the ISO.This position began in
opportunity to be informed about, and December of 2002 and was continue to May
participate in, important decisions related to of 2003. In 2004, this effort was duplicated
environmental protection. The Hazardous for three facilities in West Contra Costa
Materials Ombudsman has done this by County. The full report is attached.
organizing, promoting and facilitating public
involvement in important hazardous llost- Chemical Incident Surreys —As
materials issues. These are as follows. a result of discussions held at a
Protecting the Public conference in 1999,
Safe,--v Ordinance jublic the Hazardous Materials Ombudsman
The ordinance took the lead in developing a telephone
requires that public meetings be survey that would be administered to
held at various stages of the process. people in the area affected by a chemical
The :!hazardous .Materials accident. During 2001, funding was
Ombudsman worked closely with secured to develop the survey, a
the Hazardous Materials Programs consultant was hired to create the survey,
staff and the Board of Supervisors to and the first survey was initiated after an
develop an intensive public outreach incident at a refinery in October, 2001. In
strategy for the Industrial Safety 2002, four additional surveys were
Ordinance. This effort was conducted after level 2 and 3 incidents at
implemented in response to a facilities. In 2003 two additional surveys
community group's concern that were completed after level 3 incidents,
there was not enough public one at a refinery and one resulting from a
involvement in the process. (During railroad incident. There have been no
2001, a process was developed to surveys conducted in 2004 through
create the type of public involvement September, as there have been no level 3
desired and to hire an outside incidents thus far this year.
organization to conduct a pilot
project in the communities �7. a ai T ,e
surrounding the Philips refinery in —As a result of a major fire at a refinery
in Richmond in 1999, the Laotian
1 OAnnual Performance Review and Evaluation Report 1L-19-04 158 of 173
community in the Richmond area was Ozone Attainment plan. At the direction
concerned about the lack of of the Board of Supervisors, the
understanding of many Laotians about Ombudsman assisted the Air District in
the Community Warning System and the staging and public notification of
what to do in the event of a release. these meetings. In addition, the
They requested the County to develop a Ombudsman assisted an organization
way to send the automated telephone hired by the Air District called
ring-down system message,which is Community Focus in developing and
part of the Community Warning System, implementing community involvement
to Laotian households in four Laotian projects in the Richmond area. The
languages. The Hazardous Materials Ombudsman also helped the Air District
Ombudsman worked with the Director receive input on what projects to fund
of the Hazardous Materials Programs with Supplemental Environmental Project
and the Laotian Organizing Project to money.
develop a pilot methodology. In 2001,
$140,000 of funding was secure to Advisa^e —In
implement the pilot project and a response to a complaint by a county
project coordinator was hired. In 2002 resident, the Ombudsman facilitated the
the Hazardous Materials Ombudsman creation of a multi-lingual consumption
hired 4 outreach staff and supervised all advisory for the Richmond inner harbor.
5 staff people to implement this pilot This area is subject to a very restrictive
program. The pilot project was site-specific consumption advisory due to
completed in the spring of 2003. the presence of very high levels of
contamination from historic industrial
At that time, the Board of Supervisors use. The Ombudsman also facilitated the
directed the Ombudsman to participate in posting of multi-lingual consumption
an evaluation of a new technology to advisories at San Pablo and Lafayette
provide automated telephone alerts in Reservoir, where recent testing revealed
various languages. The Ombudsman hired 2 the presence of high levels of
Laotian staff to test this technology in 100 contaminants in several species of fish.
Laotian homes. This test was completed in The Ombudsman also participated in a
early 2004 and the recommendation to training of County WIC personnel
pursue this new technology instead of the concerning these advisories.
methodology used in the first pilot study
was accepted by the Internal Operations ;a,.r- — In 1995, Seneca
Committee of the Board of Supervisors. Corporation closed their Richmond
facility. They prepared pesticides at this
faCtltty, but 1t had also preVIOUSIy hOLTSe
Stauffer Chemical which manufactured
In 2004, the Air District held a number sulfuric acid. The site is now being
of public meetings in Contra Costa remediated by the owner with regulatory
County about updating the Bay Area's oversight being provided by the San
!uv Ani uai Performance Review and Evaluation,=report-10-11 9-04 159 of 173
.........................................
............................................................................................................................
Francisca Bay Regional Water Quality conducted research, prepared reports,
Control Board. In mid-2004, the and facilitated Commission meetings.
Regional Board requested assistance
from the County's Public Health P biic and nl iranrnentai 13,ahh
Department to help them address health Advisory Board--As staff to the
concerns raised by the site's neighbors. Environmental Health subcommittee
The Ombudsman assisted the Public of PEHA.B, the Ombudsman
Health Director with this effort, completed a report on pest
investigating the potential public health management issues i
Area Air Quality Management District, the
Since the events of September 11, Metropolitan Transportation. Commission and
2001 the County, as well as the rest the Contra Costa Council.
of the Country, has focused more
attention on being prepared for I1.11 noa
g m n algcx��cne
emergencies related to weapons of
mass destruction and terrorists The Hazardous Material Ombudsman
attacks. In 2003 the Ombudsman continued to report to the Public Health
was asked to join Health Services' Director on a day-to-day basis in 2004, while
Emergency Management Team and still handling complaints and
to participate in monthly meetings recommendations about he Hazardous
of Health Services' emergency Materials Programs through he Health
communications work group. The Services .Director. The duties of the
Ombudsman continued to Hazardous Materials Ombudsman also
participate in the EMT in 2004. included direct supervision of two contract
employees for the Laotian telephone ring-
s Eng,ronrnen.tal ustice — In down project and managing the contract for
September of 2003, the Board of the Industrial Safety Ordinance Past-Incident
Supervisors adopted an surveys, which began in 2001.
Environmental Justice policy: At that
time they directed each County LV 1�ecc,in,�cnc!<iii�»�s
Department to designate an existing
staff member as a representative to a In 2004 the Ombudsman was very involved
County-wide Environmental Justice in he development and implementation of
committee. The Ombudsman was the public participation program for the
designated by the Health Services Industrial Safety Ordinance. This position
Director to be the representative for should be made permanent within the
the Health Services Department. Hazardous Materials Program, and should be
The Ombudsman is also actively implement county-wide for the facilities
working with the Public Health subject to the ISO when their Safety Plans
Division to develop heir are due to be reviewed again. Another related
Environmental Justice Program. function that merits permanent status within
the Hazardous Materials Programs is a Public
The Hazardous Materials Ombudsman also Information position that would interface
attended workshops, presentations, with other County Departments and outside
meetings and trainings on a variety of entities to pian for emergency response
environmental issues to be better able to situations, and would coordinate he release
provide technical assistance to the public. of public information during chemical
These were sponsored he Federal incidents.
Environmental Protection Agency, the State
Department of Health Services, the Bay
iSO Annua!Perforrnance Rev!ew and Evaluation Report 10-19-04 6? of 173
V. :goals or 2005
In 2005, the Ombudsman will provide
essentially the same services to Contra
Costa residents as was provided in 2004.
The Ombudsman will continue respond to
complaints about the actions of the
Hazardous Materials Programs; answer
questions that came from the public and
assist them in understanding regulatory
programs; staff the Hazardous Materials
Commission and the Public and
Environmental Health Advisory Board;
provide technical support to the Asthma
program and the Public Health
Collaboration unit; and participate in the
Integrated. Pest Management Taskforce,
CAER committees, and the Health Services
Emergency Management Team, and the
Environmental Justice Committee. The
pilot project for the telephone ring-down,
system was completed in early 2004, but
the Ombudsman will continue to assist in
implementing this program. The
Ombudsman will continue to manage the
contract for the host chemical-incident
surveys, but the Industrial Safety Ordinance
public participation program.will be
managed by the Hazardous Materials
Programs as part of their normal activities.
Y,�� it�?_d.�: 'Jpi�'. �...';77:vF'a.S%�C75'�° v'✓'?�l}
:off or,�S .. e�',.�n..n1 a 2004 c
. `?a�pr:L.r��>„Noss wl,w. +'�.L���i;J° 'u.h •i';';�rai
'o 1.
.""o
of
ISO Annual Performance review and Evaluation Report 101-19-04 162 of 173
A TTA CHMEN T C
Questions Raised developing a system where people can call to
During Public Meetings get information about an ongoing incident.
This will be a recorded message that can be
For Discussion of the heard in multiple languages.
CountynIndustrial
gd�j it of :2. A resident indicated that Communities ror
RichmondI dustrpal a Better Env' onment (CBE) previously
provided the community with
S,afety ordinance (ISO) atmospheric gas samplers but this practice
is no longer in place.
rom the 6/22/04 fneeting for County's Response: CBE,working with
C7on, co ilii.' : CCHS under a grant, did setup several
samplers that could be used to capture air
1. Will,the phone notification provide. samples during an incident. This was done
information in ua
langges other than for several years and was called the "Bucket
English?? Brigade", The grant money is no longer
available and the sampling program is no
County's Response: At this time the longer active.
Telephone Emergency Notification System
{TENS}, only sends out messages in 3. A resident saidthat he couldn't hear the
English. CCHS has been working with the El Sobr<inte siren when indoors.
Laotian Community in developing a means
County's Response: The sirens are designed
to notify the community in multiple
to alert people that are outdoors and are not
languages using telephones. CCHS and the
Office of the Sheriff completed a pilot designed to alert people indoors. The
project using a new technology, which is a Community Warning System has other means
device that is connected to a person's to alert people indoors, such as warning
telephone line in series with the telephone. messages over television and radio, National
This device is activated by'TENS and will Weather Services broadcasts over NOAA
give an audio message in the language radios, and.TENS,
programmed for that particular device, such
as "Chemical Accident,, There is an audio The NOAH radio does not get good
alarm that is activated and the message is reception.
saved until a person addresses the alert.
was successful for the Laotian County's Response: Due to the topography
The pilot
Community. Another test is being planned of the area, reception coverage of the
for the Spanish-speaking Community in the National Weather Service is not 10011/6.
Richmond area. Currently, shelter-in-place When the Community Warning System (CFS}
information in three different languages is was built, the CWS project included the
also broadcasted over Contra Costa installation of a new transmitter for the
Television. The Office of the Sheriff is National Weather Service on Mount Diablo
!Su—Annual Performance Revlew and Evaluation Report 10-19-04 164 of 173
that greatly improved the reception because it ties up the phone lines. We
coverage of the National Weather Service encourage people to listen to the`IV or radio
in Contra Costa County. There are still for updated information and we continually
pockets where the reception is not good. update the media throughout events.
The Office of the Sheriff and CCHS are
working with the National Weather ServicFrom
Rm µ
on improving the transmission and the Fro , rye, 6/214/04
reception of the National Weather Service Chevron. a nidene-vo,' Chemical
to eliminate these pockets of poor West
reception. The NOAA weather radios have
multiple channels to receive the 1. Does TSC; result in recluccd :ur emissions,
transmissions in different areas of the
County. Residents in West County should County's Response: Contra Costa County
have better reception by selecting channel Health Services (CCHS) believes that the
1,while residents in the remaining parts of ISO required programs have reduced the risk
the County should have better reception of accidental releases, which contributes to a
selecting channel 2. reduction in overall air emissions, but there is
no way to quantify this avoidance of
5. Does the siren sound gain if a emissions.
chemical release is not terminated
Chevron's Response: The ISO does not
County's Response: it is CCHS'protocol to directly affect the emissions from the facility.
resound the sirens approximately every I'he intent of the ISO is focused on
thirty minutes during an incident in the improving industrial safety. The net result of
areas where the Shelter-in-Place is in effect, safer facilities may reduce the likelihood of
until the incident,.is over or when the an unintended., uncontrolled release
impact on the community is such that the (emissions).
"Shelter-in-Place" warning can be lifted.
General Chemical West's Response: General
6. ;s there a ;Tone number to call for Chemical believes that some aspects of ISO
chennical ccleasc: inforrnation? have helped us to reduce fugitive air
emissions. While the ISO regulation itself
County's Response: A phone number is does not impact actual emissions (e.g.,
being established where a person can get Federal and State air regulations cover this),
information about an ongoing release. The the focus on the bottom line of twine safety
Office of the Sheriff is implementing this pyramid helps to reduce the severity and
telephone line and the number is expected frequency of accidents and incidents.
to be in service by the end of the year. In
the meantime,we encourage people not to
call 9-1-1 or the County's Hazardous
Materials Program during a release unless
they have a life-threatening emergency
ISO Annual Perrotmar:ce Review and Evaluation Report 10-19-04 165 al-173
2, 'Moy did Chevron disband the of personnel; implementation of a sound
Community Advisory Panel (CAP)? mechanical integrity program that includes
inspecting and maintaining equipment before
Chevron's Response: The CAP voted to catastrophic failures; learning from incident
dissolve itself. investigations that reduces the potential for
similar events; using the human factors
3. Can you discuss water discharge program to identify latent conditions that may
Pollution? contribute to potential incidents; using the
inherent safer system principles to minimize
County's Response: The ISO does not impact of process upsets; having good
speciEcally address water discharge operating procedures and process safety
pollution other than the ISO required information for personnel to use in daily safe
programs have reduced the risk of operations, etc. These programs all contribute
accidental releases, which contributes to a to having a safer and more reliable operation,
reduction in water discharge pollution. CCHS has reviewed the water mitigation
system that is in place to help mitigate a
Chevron's Response: The ISO does not release, if a release would occur. This would
involve or directly affect water pollution. decrease the amount of ammonia that is
After the formal ISO meeting,questions released and the impact from the release.
outside of the ISO were discussed with CCHS has reviewed the overall maintenance
interested individuals. program:, including how they ensure that the
materials of construction and preparation of
General Chemical Test's Response: the appropriate material (stress released) for
General Chemical's wastewater is closely ammonia storage.
monitored and managed through a State
permit and a mutual agreement with Ammonia is a by-product of the refining
CheveronTexaco. The wastewater effluent process to reduce the amount nitrous oxides
is transferred to the CheveronTexaco into the atmosphere. Chevron recovers the
refinery and is managed by the State permit ammonia,which is used in the agricultural
as part of the refinery's overall effluent industry.
wastes.
Chevron's Response: Chevron elected to
4, The community is concerned about the move the ammonia storage tanks further into
ar -nonia storage at rhe Chevron the interior of the refinery property to
Refinen. provide a greater buffer zone between it and
the community. Chevron also reduced its
County's Response: As part of the storage capacity by 20% and installed a
Industrial Safety Ordinance, CCHS fogging system to absorb any inadvertently
performs audit/inspections at facilities to released ammonia.
verify that prevention programs are in-place
to reduce the potential of an accidental
release. These programs includes training
ISO Annual Performance Review and Evaluation Report 10-19-04 166 of 1731
Fr7 i
1 n
hi � s -he !� Lei 04 me-1-dY',.g A,�� training and time is provided to insure the
-°C.�hevr and Genera Chemical emical employee is competent, as evidenced by
,,- demonstrations of ability, in the
Nes
responsibilities.
enll
I. .,<tr votr (LC,hevrot�.r ar�ar (3er
Chemical West) expand on the ongoing There is on going refresher training that deals
training that yorr provide? with topics ranging from required annual
environmental, health and safety training to
County's response: The overall training process technology refresher. These are
program is audited, including how they normally conducted in monthly meeting
ensure that employees are initially trained formats in small natural work groups.
and how they receive refresher training on
the operating procedures. Operators are There is another element of training that
required to have refresher training on all of receives special emphasis. This varies from
the current operating procedures every equipment manufacturer training on a piece
three years. CCHS does not agree with of equipment to special skills training such as
what Chevron considers current operating welding.
procedures and is working with Chevron to
ensure that we have a clear understanding These elements combined provide the
what are the current operating procedures. foundation of the training process at the
Maintenance personnel are also required to General Chemical Richmond Works,
be trained on the different pieces of
equipment, including new equipment for 2. Ho-w is t deterrr ncd w1hen to shelter its
the refinery. place?
Chevron's Response: At least every three County's Response: CCHS has developed
years operators are required to go through definitions for four different levels of
refresher training. There are also annual responding to incidents at a facility. Level G
training requirements and training based on is a communication level between the facility
individual requests. The refinery has a and CCHS for unusual operations, such as
database to track individual training for shutting down a major process,or for very
about 1200 employees. minor on site incidents. Level 1 is where an
iicident is occurring onsite, but is not
General Chemical West's Response: expected to go offsite. Level 2 is an incident
General Chemical provides many different where there is an impact offsite,but not at
levels of training. every new employee will the levels where it is expected to have a
complete a new employee orientation health concern for the general public, but
program that covers a wide variety of sensitive populations may be impacted.
topics ranging from safety and Level 3 is an incident where there is an offsite
environmental to quality and security. impact where health impacts to the general
Once this training is completed the public are expected. Level 3 is where a
employees move on to learn job specific "Shelter-in-Place" warning is issued.
lSOAnm,ai Performance Reviewand Evaluation Repor;;0_`9-04 167 of 173
General.Chemical Vest's Response: For 4. How soon after a chemical release do we
General Chemical employees, contractors get a shelter in place?
and visitors, "Shelter In Place" is
determined by the on-scene Incident County's Response: For facilities that have a
Commander. The determining factors are community warning system terminal on site,
made based upon the type of release, such as Chevron, CCHS expects that when
amount and direction of travel. For the there is a release, the facility will be able to
general community at large, CCHS will quickly determine if the release will proceed
snake this determination. or has proceeded off site at a level that is
expected to impact the general population
3. Can you elaborate on what is meant by and activate the warning system. If the
a near miss? facility is unable to determine this, or does
not have a terminal on site, CCHS will. make
County's Response: Near mass is defined as the determination from communications
an incident that gquld, but actually did not, made to CCHS by the facility and
result in negative consequences. Negcafive assessments made by the County's Hazardous
consequence is defined as an event that Materials Response Team and initiate the
resulted in deaths, injuries, or significant warning system for areas that may be
property damage onsite, or known offsite potentially adversely affected. The
deaths, injuries, evacuations, sheltering in expectation is that this is also a quick process
place, property damage, or environmental and that either scenario should tape only
damage. CCHS does not investigate near minutes to initiate a community warning.
misses, but audits whether the facility has a When the activation of the CWS for a Level
program in place to investigate and address 3 .incident occurs, sirens are sounded,the
near misses so that the potential for an Telephone Emergency Notification System
actual event is further reduced. (TENIS) is activated, information is sent to
the television and radio media, and shelter-in-
General Chemical Vest's Response: A near place information is broadcasted over the
miss is any event that, due to rational Weather Service.
circumstances, did not result in a significant
negative outcome from a safety,
environmental, process, quality or other 5. Hoy FregLiently are operations z-ionitored
perspective. An example is when someone (at Chevron and General Chemical West)?
trips over an extension cord, but does not
falll or gets injured. By investigating this Chevron's Response: Chevron maintains a
near miss,you will ensure that the extension staff of trained and qualified workers to
cord gets put away before an actual injury ensure the safe operation of the facility 24
occurs. The investigation into near miss hrs f day, 365 days/yr.
events allows plant personnel to identify
corrective actions of unsafe acts or
conditions and reduce the probability and
severity of future similar events.
;Std Annual Performance Review and"va€uat€on Report 10-19-04 168 of 173
General Chemical's Response: General TSO program has had an unannounced
Chemical operations are monitored 24 inspection at least once.
hours a day, seven days a week. Members
of plant management are available at all 7. What services does the County pr«vicic to
times to offer assistance to onsite protect the pub"c from industrial fac,i'idcs?
operations.
County Response: Each facility that handles
b if the County ,ludits facilities ecrerp hazardous materials submits a hazardous
th.-c.e vears, Nvon't rile facility anticipate materials inventory and emergency response
the audit and be on their best behaaior plan to CCHS. Those facilities with regulated
only for the audit? substances above specified threshold limits
must submit a Risk Management Plan to
County's Response: The programs that are CCHS Lor review and are subject to the
required to be in place for the TSO and CaIARP Program;and.those in the ISO
Ca1ARP programs took time for the program are required to su'onzit a Safety Plan
facilities to establish and implement. This with additional requirements. CCHS performs
includes training and retraining employees, regularly scheduled audits for the TSO and
changing how work is done, and Ca?ARP programs, along with unannounced
documenting various stages of the process. inspections. In the event of an actual incident
This is not something that is easily started affecting the public, CCHS has an incident
or stopped. During an audit,CCHS response team that can assist in mitigating the
interviews personnel and reviews policies results of a release, monitor and characterize
and records to look for inconsistencies in the impact of the release, and take samples at
the prevention programs. CCHS has already the site to provide further information.
audited facilities in the ISO program at CCHS also performs inspections of 2032
leaste once, and all of the facilities have businesses to verify the hazardous materials
programs in place. The results of these inventory and emergency response plans,
audits are available for review in the public confirm proper hazardous waste handling at
libraries or at our office (4333 Pacheco 1785 businesses, check underground tank
Blvd, Martinez). CCHS also performs design and monitoring at 482 businesses, and
unannounced inspections at facilities where other programs.
selected topics in these programs are
reviewed and field inspections are S, Wh,U affect will company, city, and coui1ty
performed to verify that the prevention cutbacks havc on industrial s<_fety?
programs are being implemented. This also
allows CCHS to be present at a facility County Response: CCHS Hazardous Materials
more frequently than every three years. Programs are supported by fees assessed upon
Usually the facilities receive less than an the regulated facilities, and as such are not
hour warning that an inspection will take affected by city and county cutbacks.
place. The inspections last for between
three and seven days. Each facility in the Chevron's Response: Chevron has a ill-time
fire department with four crews plus tyro-
iSOAnnt:ai Performer ce Review and wvaluation Repo i 10-15-04 169 of 173
dozen emergency medical technicians, Security Vulnerability .Assessments look at
approximately 80 fire brigade members, and how likely a facility is a target and then:helps
mutual aid from other industrial facilities. develop the means to deter and detect an
Chevron also uses the management of intrusion. CCHS verifies that these studies
organizational change process to thoroughly have taken place during the scheduled audits
review and analyze a potential decreases in and may also verify them during unannounced
staffing before it can be authorized to inspections. Other organizations such as the
ensure that there are no safety ramifications. US EPA, FBI, Sheriff's Office, Homeland
Security, and the US Coast Guard have other
General Chemical Vest's Response: programs .in place, which have additional
General Chemical foresees no impact to security requirements for the facilities to meet.
how we adhere to our safety focus. The Sheriff's office is in regular contact with
representatives from the facilities; and the
9. Chevron said in their slides that there EBI, and Homeland Security have visited
has been a 50% reduction in all their specific facilities in the County to verify
emissions since 1979. How can that be progress in meeting their security
if BAAQMD issued a report saying; that requirements. The US Coast ward has
there were 22 tons per dad from four of inspected and regularly visits the facilities
five refineries not counting Chevron? within the County that are subject to their
security requirements.
Chevron's Response: As stated by the
county, that was preliminary, un-,reviewed 2. "Why should the community of Crockett be
data from a draft December 2003 report confident that a prolonged Catacarb
BAAQMD has revised their estimate to be release would never affect the community
two to four tons per flay. Based on regain?
increased community awareness industry
has reduced non-emergency use of flares County's Response: The County has instituted
and BAAQMD now estimates emissions the Industriai Safety Ordinance which requires
from flares to be mo-tenths of a ton per facilities like ConocoPhillips to adhere to the
day, most stringent set of standards in the State of
California and the Country. The reason that
A` the
7/8/04 m eeti g they are the most stringent is that the County
requires safety programs to be in place in
onoco i . s: addition to what the State and Federal
government require. These safety programs
1. With increase in terrorist;h and lnterstate are designed specifically to prevent accidental
80 running through the refiner � what is releases such as the prolonged Catacarb(&
the Count=doing to deter terrorism? release. Since the Catacarb(& release, the
Count's Response: CCHS requires facilities County has required more stringent
with regulated substances to conduct a notification of hazardous material incidents
Security Vulnerability Assessment, and that would help to ensure that the facilities
address the resulting recommendations. would not continue to operate when the
ISO Annual Performance review and Evaluation report 10-19-04 170 of 173
release continued to get worse. There are 4, What would initiate an unschedr:ted visa
now defined actions that occur at different by the County?
levels of an incident. When an incident is
starting to impact the community CCHS County Response: CCHS randomly visits a
will respond and notify the community different facility each month as part of the
about the situation. If the release is large unannounced inspection program. If there is
enough where the general public may have a an incident that affects the public, CCHS will
health impact, sirens will sound telephone visit the facility to ensure that a satisfactory
calls will be made, the NOAA weather investigation is taking place. Every facility
radios will broadcast an alert. that is part of the Unannounced Inspection
Program is expected to have an unannounced
ConocoPhillips' Response: ConocoPhillips inspection once every two years.
has embraced and is improving on a Health,
Safety & Environmental Management 5. How Freclucntiy is -nn unannounced
Systems (HSEMS) approach to Operating inspection conducted?
Safety that is consistent with, acid .inn some
areas more expansive than that required by County's Response: CCHS on average
the CalARP &the ISO regulations. It is conducts one unannounced inspection per
understood by all of us who work at the month at different facilities within the
refinery today that we (our business) must County.
earn the right everyday to be in business
here. We earn that right by being a safe, 6, What prec<: :tions are ta'cen to prectLxle
reliable operator. A release of a hazardous oil spills tivl-en uinloadin(*Y, a tanker of
chemical is unacceptable to us, and the crude oil to therefinery?
awareness of such a condition in our
operation is promptly mitigated. ConocoPhillips' Response: Preventive
Maintenance and Reliability processes help to
3, How Erequendy is the Conrail onsite «t ensure safety and leak prevention at the
ConocoPhillips? Marine Terminal (Dock). Dock piping/
equipment and hoses are visually inspected
County Response: Contra Costa County and tested to ensure integrity. Before
Health Services is onsite at ConocoPhillips connection and transfer operations are started
approximately every three years for the the Terminal Person In Charge (TPIC) and
combined CaLARP and ISO audit, which the vessel captain hold a conference to ensure
takes about four weeks. CCHS is on site at systems on both sides are in a ready state. A
least once every other year for an vessel-side and dock-side "hose watch" are
unannounced inspection,which lasts two to then assigned and positioned to physically
four days. Other inspections programs monitor the sb-p--to-dock equipment at all
where the County is onsite include the times during the transfer and until hoses are
Hazardous Material Inventory Management disconnected and secured. Any unusual
System and the Hazardous Waste Generator condition, such as a leak, would be
Programs,where an inspector is onsite at
least every other year.
1SOAnnual Peiiormance Review and Evaluation Report 10-19-04 17-1 o€ 73
communicated immediately to the terminal 10. Are incidents posted on the county
dispatcher (TPIC) and transfer stopped and website?
the leak isolated.
County's Response: CCHS is developing a
7. Is there: an automatic shutoff valve to means that people can learn of incidents that
stop the flow of crude oil from the ship have occurred at facilities. This should be
to shore if ;here vas a i ermrgency? complete within the next couple of months.
CCHS' website is cchealth.org.
ConocoPhill.ips' Response: There are line
isolation valves in the transfer system that 11. Can they be posted on t:he website?
allow for local (hose watch) or remote
(TCIP) shutoff: The push of a button will County's Response: Yes, incidents can be
activate a motor operated valve causing it posted on CCHS'website. CCHS is also
to close/shutoff: developing a means to post real-time
information of an incident on CCHS'
S. flow many times has the corr mLinity website. This also should be complete within
warning system been activated within the next couple of months.
the past three months?
12. Who conducted the audit on
County's Response: A CWS Level 3 ConocoPhihips?
incident is when sirens are activated and the
community is asked to shelter-in-place. County's Response: Don Nixon was the lead
The last time sirens have been sounded, auditor; Michael Dossey and Randy Sager
other then testing of the sirens, was January were audit team members.
11, 2003.
9. How does the public find oat about
From, e-mail received by CHS:
incidents? 1. "Please can your help me and by neighbors
by malting Chevron disclose what they are
County's Response: There are numerous emitting into the air on a timely basis, and
means of alerting and notifying the public minimize the topic fumes. I an very
when there is a release for which we ask concerned about ammonia te:lease."
people to shelter-in-place. Some of the
tools used are sirens, telephone emergency County's Response: The Industrial Safety
notification, National Weather Service Ordinance is a County ordinance to reduce
broadcasts, television, radio, and messages accidental, release of extremely hazardous
that can be received on pagers and by e- chemicals to the atmosphere. There is
mail• another governmental regulatory agency
responsible for air emissions Bay Area Air
Quality Management District (BAAQMD).
1SOAnnual Percrmance Pevaw end Evaluation Report 10-19-94 172 of 173
BAAQMD has monthly reports of what
Chevron and all other industrial facilities
are emitting. A toll free phone number to
BAAQMD is (800) 334-6367 and their
website is www baagmd.gov
Chevron's Response: Chevron is constantly
providing air emission data to the Bay Air
Quality Management District and has a full
time District inspector assigned to the
refinery. The public can obtain information
directly from BAAQMD by calling (415)
749-5000.
SC Annual Per4ormance'review and,Evaluation:Deport 10- 3-04 173 of 1,73
ADDENDUM TO D.2
OCTOBER 19, 2004
On this day the Board of Supervisors considered accepting the Industrial Safety Ordinance Annual Report
submitted by Randall Sawyer, Hazardous Materials Program Manager.
The Board discussed the matter and asked for public testimony. There were no speakers.
Supervisor Uilkema commented on public outreach with the Bay Area Air Quality Management District.
Supervisor Uilkema commented further that the HazMat Ombudsman Program should be prepared to launch
informational meetings within seven days of an event or toxic release, which is the most opportune time to
engage the public on the related health issues.
Following further Board discussion, Supervisor Uilkema moved that the Board(1)declare its intent to acceept
the Industrial Safety Ordinance Annual Report, and(2)directed staff to:
ATTEND the meetings on railroad tank car storage that came out of the Transportation, Water and
Infrastructure Committee;
COORDINATE public outreach with the Bay Area Air Quality Management District;
ATTEND public meeting after an incident;
REQUESTED staff to breakdown other portion of the pie chart that was as shown in the presentation of the
audit findings;
REQUESTED the Hazardous Materials Ombudsman should be visible during any public meetings;
REQUESTED to see the reports on "Near Misses";
REQUESTED Physicians to be available during public meeting that occur after an accidental release that has
impacted the community;
The vote on the motion was as follows:
AYES:Supervisors Gioia, Uilkema, Greenberg, and DeSaulnier
NOES:Supervisors None
ABSTAIN: None
ABSENT: None
The motion.passed.
Introduction
Industrial Safetv Ordinance
Background
Annual Report � Industrial Safety Ordinance
.,.` .. Findings
Trends
Randall L. Sawyer . Accident History
Cho Nai Cheung . Public Participation
October 19,2404 Public Information Bank
;What Is Next?
a-cuter k9,zona �"�2
HiStC?r ' History
Implemented California's Risk _ California Accidental Release Prevention
Management and Prevention Program Program
1989 Most facilities substituted aqueous ammonia for
anhydrous ammonia
* 36% Reduction Of Acutely Hazardous Ail waste water treatment plants substituted
Materials(excluding Sulfuric acid) from chlorine with sodium hypochiorlte or other
1990- 1994 disinfectant such as ultraviolet fight
Only three water treatment plants use chlorine
Another 18% Reduction from 1994- Refineries found substitute for chlorine
1997 Refineries found substitute for anhydrous
ammonia or reduced the amount of anhydrous
ammonia onsite
CXXuBEr i9,2CAa aaga 3OCWbrr k9,'x➢g4 Page a
616, Industrial Safety Ordinance Audit Questions
Applies to nine different facilities CalARP Program 1 —75 Questions
County's unincorporated areas(7)and the City of
Richmond(2) CalARP Program 2— 136 Questions
Petroleum Refinery or Chemical Plant CalARP Program 3—356 Questions
Program 3 Federal Risk Management Program
Additional Requirements ; ISO Additional Question 133
Human Factors CalARP Program 3 + ISO-489
Root Cause Analyses Questions
Inherently Safer Systems
Ali processes In a covered`acslity
G1fffiLL°Y 54,20W. f3Je" OCL✓14.2E744 Page B
i
t
Audit Topics.,_.. Audit Summary -
a Applicability Me-Manicaf Integrity tiot Work -
Hazard ASsazsment Management of Change Emergency Responae
Program Pvuura,
fit Audits Conducted wsmaerar;meam.ama.asv wsg+rm>.av<:
Management Systems Pre-startup Review Covarad process (20400—2004) - ---
?'";fKation
Process wety Compilance Audit Line Opening
=,forcnazion - Collected findings and 111
Pmoess Hazard,Analysis Xncidant investigation Logoui/Tagout r"1Ctit7Yi5 of 34 of LFIESE
Opedng Pixedur& Employee Participation Cannned space 9auditsn E`
Separated findings and µ
Training Contractors Latent Cond:nans actions by worksheet and PM9.m Lw"
Manager".ant of Root Cause Analy615 lnirammy Safer systems question number
organizatlot,W Change
Ocmtar 19.2004 Paps 7 cdotr 19,2004 PaaaB
Relative Percentages of the CaIAPP Program First Audit
Audit Actions by Audit Topics ' Round Issues
Flro"'Be Refresher training of operators for all current
oarer 9% HotWork procedures
44<, s
. P"e a Information that is given to affected
y ri�8ro employees is not retained
i Awe,am is The auditing of Contractors is not consistent
` My and complete
., lie�wnae
5°= Process Information not complete
Opening Liner_ Lodkout+Ta out
4a> g Hot Work Permit information not documented
4%
Mamag nevi ni: Incident Near bliss reporting is poor
Psis°m inveawakin
Change ' 4%
4%
QCxsJar 19.Ides Page 9 OCTater 29,2004 Page 70
CaIA P Program First Audit
Round Issues Cont�d First Fouad ISO Issues
Hazard Assessment Documentation cannot be 1, Confusion in applying Inherently Safer
found Systems
4 Maintenance Procedures are incomplete v Implementation of Latent Conditions
Not all of the required information Is included a Management System Latent Condition Review
In the Operating Procedures and certified - Specialized Training for Latent Conditions not
CCHS is not always consulted for major documented r
modifications . Root Cause Analysis not complete
e Management of Organizational Change
In general Compliance Audits were complete documentation Incomplete
Procedural PHA's
Ober 19,2004 Page 11y:,,M q�,18,:ODA, Page 12
2
Second Round of Audits
Second Round-of Audits Cont'd
v: In general the issues from the first Continued issues from the First Round of
audit findings have been addressed Audits
Re€resher training of operators for all current procedures
* New Issues Information that Is given to effected emp!oyem is not
MOC and PSSR information does not retained
include a redundant verification 'The auditing of Contractors is not consistent and complete
Maintenance procedures are incompiete
Implementration of latent Conditions
Specialized Training for Latent Conditions not documented
Procedural FHA's
OCWda'19,2004 Page 13 OCY6er 19,2004 >age 14
Major Chemical Accidents or
Results Releases
e Overall the second round of audits were a serious — A fatality, serious injuries, or major
more favorable onsite and/or offsite damage occurred
a Medium—An impact to the community occurred,
Most of issues were addressed from or if the situation was slightly different the
first round accident may have been considered major, or
there is a recurring type of incident at that
Some issues are continuing and need to facility
be resolved Minor—A release where there was no or minor
injuries, the release had no or slight impact to
the community, or there was no or minor onsite
damage
�[bLet 13.20p4 page 1S D—W.,is,2009 , Page 16
Major yr Chemical Accidents or Major Chemical Accidents or
eltleases Continued � € ele res _ Continued
I l869tat#�rtarAsa+rc+aaNMc
OaFts ,, fAYx�thaR�kYM RWaYm�£adf�Yraoan
ru ►-TdeI MCP. 6 4 ,4 -1--7otat A4^.4rlt�
� .2 '2 �SariCiif
9 SS ui rv£ ,LL�Y��. �Mrro• � b Y' _�^H r1hOt
fi t �.-
0 .+a.. v9aa 200 3Cc "Q002 MOWN .__..
aW$ 20M PIX'i5 +'7CCy �'S.L' 2Ot34
YaaY 2
^,cto0tr 35,200a Papa x" Ucwter L:.200x. Paga x8
3
Public Information Bank
Public Participation
West County Outreach(Attachment B) t, Industrial Safety Ordinance
47 Meetings to Community Groups Description of covered facilities
618 People Attended these meetings Risk Management Chapter Discussion
Four Public Meetings copy of ordinance
June 22,Rodeo—ConoccPhlllips Safety Program Guidance Document
June 24,Richmond—Chevron,General Chemical A PuNic Participation Process
Jule 6,North Richmond—Chevron,Genera! Land Permit Chapter D€SCtl55idn
Chemical p W
July 6,Crockett-ConocoPhil€ips Copy of Ordinance
OCCbe*19,2605 far j.9bcro?`Jer i$a wq Pege a0
Public Information Bark -
� ontinued � h t Is Next?
California Accidental Release Prevention County is working with the Organization of
Program Economic Co-operation and Development
Guidance Document (OECD)on Safety Performance Indicators
Program Level Description Indication of Change based on audits
Map Locating Regulated Sources e work with stakeholders to resolve existing
a Description of Stationary Sources issues
chernicals Handled Streamline Audit Questions for third audit of
Information on chemicals the facilities
tkcp6er E9,a604 acga 2:, Cc°.ober 19,2w5 9 2
7a e Z