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HomeMy WebLinkAboutMINUTES - 12092008 - D.1 TO: BOARD OF SUPERVISORS v" Contra FROM: William Walker, M.D., Health Services Director Costa DATE: December 9, 2008 County SUBJECT: Annual Industrial Safety Ordinance Report SPECIFIC REQUESTS)OR RECOMMENDATIONS)&BACKGROUND JUSTIFICATION RECOMMENDATION: Accept the Industrial Safety Ordinance Annual Report submitted by Health Services. FISCAL IMPACT: No fiscal impact. BACKGROUND: Chapter 450-8 of the County Ordinance Code 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. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIO OF BOARD COMMITTEE PROVES OrTH SIGNATOR (Sff ) �J ACTION OF BOARD ON � � D /O h APPROVED AS RECOMMENDED OTHER I HEREBY CERTIFY THAT THIS IS A TRUE VOTE F SUPERVISORS AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD UNANIMOUS (ABSENT ) OF SUPERVISORS ON THE DATE SHOWN. AYES: NO S: ABSENT: ABSTAIN: n ATTESTED X. iS DAVID D J. rW LILERK OF THE BOARD OF Contact Person: Randall L. Sa SUPER SORS AND COUNTY ADMINISTRATOR wyeril CC: Randall L. Sawyer Y — DEPUTY Cho Nai Cheung ADDENDUM December 9, 2008, Agenda Item D.1 On this day, the Board of Supervisors considered accepting an Industrial Safety Ordinance Annual Report submitted by Health Services. Randy Sawyer, Health Services Department, introduced the item and presented the Annual Performance Review and Evaluation Report. Supervisor Glover offered congratulations to all involved in the County's Industrial Safety Ordinance, saying it is great to now be able to see the results. Supervisor Uilkema specifically thanked Randy Sawyer for all his work. She also thanked Dr. Walker, the Health Services Director. She said the ordinance is something of which the County can be proud. Supervisor Gioia said the County is better off for this ordinance today, adding that the City of Richmond has also adopted the ordinance. He said this is an example of how meaningful regulations have made a difference. By a unanimous vote of 5-0 with none absent, the Board of Supervisors took the following actions: ACCEPTED the Industrial Safety Ordinance Annual Report submitted by Health Services. � �• 1 12�0�1�0 8 1 1 1 1 i 1 � InDUSIP1 I Sflf[TT OPDIH H (f flnnUfll PfRfORhlflnCf RfVIfW flnD fVfllUflilOn RfPORi 1 1 � Df([/AbfP 9 , 2008 1 1 1 1 CONTRA COSTA f HEALTH SERVICES HAZARDOUS MATERIALS PROGRAMS 1 Table of Contents ' Executive Summary................................................................................................................................................4 PublicParticipation ................................................................................................................................................4 Audits ..............................................................................................................................................................5 Major Chemical Accidents or Releases.............................................................................................................5 Conclusron.... ...................................................................................................................................................5 Introtion...........................................................................................................................................................6 Annual Performance Review and Evaluation Report...............................................................................................7 Effectiveness of Contra Costa Health Services' Implementation of the Industrial Safety Ordinance........................8 Effectiveness of the Procedures for Records Management.................................................................................8 Number and Type of Audits and Inspections Conducted.................................................................................9 ' Number of Root Cause Analyses and/or Incident Investigations Conducted by Health Services..................... to Health Services' Process for Public Participation............................................................................................. 10 Effectiveness of the Public Information Bank................................................................................................. to Effectiveness of the Hazardous Materials Ombudsman....................................................................................It Ogler Required Program Elements Necessary to Implement and Manage the Industrial Safety Ordinance......13 Regulated Stationary Sources Listing.....................................................................................................................13 ' The Status of the Regulated Stationary Sources' Safety Plans and Programs.....................................................13 Locations of the Regulated Stationary Sources Safety Plans.............................................................................13 ' Annual Accident History Report and Inherently Safer Systems Implemented as Submitted by the Regulated StationarySources.............................................................................................................................................14-15 ' Status of the Incident Investigations. Including the Root Cause Analyses Conducted by the Regulated StationarySources.......................................................................................................................................... 16 Major Chemical Accidents or Releases............................................................................................................18 Legal Enforcement Actions Initiated by Health Services..................................................................................18 1 Penalties Assessed as a Result of Enforcement........................................................................................................18 Total Fees, Service Charges, and Other Assessments Collected Specifically for the Industrial Safety Ordinance......t8 Total Personnel and Personnel Years Used by Health Services to Implement the Industrial Safety Ordinance........ 19 Comments From,Interested Parties Regarding the Effectiveness of the Industrial Safety Ordinance...................... 19 ' The Impact of the Industrial Safety Ordinance on Improving Industrial Safety..................................................... 19 City of Richmond Industrial Safety Ordinance.....................................................................................................20 Attachment A Hazardous Materials Ombudsman Report.....................................................................................22 Attachment B Regulated Sources Accident History and Inherent Safety Implementation......................................3o Attachment C Parchester Village Meeting MAY to. 2oo8 Reactions Products Spill...............................................56 2 Executive Summary The public and the Board of Supervisors were concerned about the number of Major Chemical Accidents and Releases and the severity of the incidents that were occurring throughout the 199os. The Board of Supervisors took action and adopted the County's Industrial Safety Ordinance. The main goal of the Industrial Safety Ordinance is to prevent chemical accidents from occurring that could have a detrimental impact to the community surrounding chemi- cal facilities and petroleum refineries. This is accomplished by requiring the regulated facilities to implement a safety 1 program that is designed to be the most stringent in the United States, if not the world.The Industrial Safety Ordinance is designed to include participation from all of the stakeholders, including industry, agencies, elected officials, and the public. This is the first year, since the Board of Supervisors passed the County's Industrial Safety Ordinance that there has not been a Major Chemical Accident or Release at a facility that is regulated under the County's or the City of Richmond's Industrial Safety Ordinances or the California Accidental Release Prevention Program. One Major Chemical Accident or Release did occur at Reaction Products in Parchester Village when over 3,000 gallons of toluene were spilled into the ' wetlands. The trend has been less and less Major Chemical Accidents or Releases each year. This is an indication of the success of the County's Industrial Safety Ordinance, the regulated facilities implementation of the requirements and the oversight from the Accidental Release Prevention Programs Engineers. ' The Accidental Release Prevention Programs Engineers are continuing to develop ways to improve the overall imple- mentation of the Industrial Safety Ordinance.The Hazardous Materials Programs Staff participated with the Center for Chemical Process Safety in writing the second edition of the book"Inherently Safer Chemical Processes,"which will be coming out this autumn. The staff has also been working with the Contra Costa County regulated businesses,as well as ' the Center for Chemical Process Safety in developing process safety metrics for lagging and leading indicators. The U.S. Chemical Safety and Hazard Investigation Board has recognized the efforts of Contra Costa County ensuring that the process safety requirements are being implemented by the regulated businesses in its DVD Anatomy of a Disas- ter.,Explosion at BP Texas City Refinery. Public Participation The Hazardous Materials Programs has a very strong public outreach process and is constantly looking at ways to improve this process. The following items have been implemented based on recommendations from interested stake- holders and the actions taken this year: • Public rneetings to be held with existing venues » A public meeting was held after the Reaction Products spill. Approximately too people attended this meeting.A summary of the meeting is included in Attachment C » General Chemical Audit Findings Presentation at the Bay Point Municipal Advisory Council 1 Most recent audit findings summarized in easily read format in both English and Spanish • Information on regulated businesses in an easily read format in English and Spanish • Industrial Safety Ordinance Information Sheet in English and Spanish I 4 Audits Audits of the regulated businesses are required at least once every three years to ensure that the facilities have the required programs in place and are implementing the programs. The audits that were completed this year are: • General Chemical Bay Point Works January 2008 • Tesoro Golden Eagle Refinery—September 2o08 • ConocoPhillips Rodeo Refinery—October 2008 Major Chemical Accidents or Releases Another measure of the effectiveness of the Industrial Safety Ordinance is by the number and severity of the Major Chemical Accidents or Releases that have occurred. Since the last report to the Board there has been no Major Chemi- cal Accidents or Releases at a business regulated by the County or City of Richmond Industrial Safety Ordinance or the California Accidental Release Prevention Program.As mentioned earlier,this is the first year that this has occurred. One ' Major Chemical Accident or Release did occur at Reaction Products that is located in Parchester Village. Conclusion I ' The number and severity of the Major Chemical Accidents or Releases have been decreasing since the implementa- tion of Industrial Safety Ordinance. The implementation of the Industrial Safety Ordinance has improved and, in most cases, is being done as required by the ordinance. It is believed that by continuing implementation of the Industrial Safety Ordinance and strengthening the requirements of the Ordinance that the possibility of accidents that could im- pact the community has decreased. mi r FvF 5 { w", 'R ��e A P Taz�v �� N: ,33eW'0 E Hazarou}� sfi . ' VA 5 � , M, s a m� ar . Introduction ' The Board of Supervisors passed the Industrial Safety Ordinance because of accidents that occurred at the oil refin- eries and chemical plants in Contra Costa County. The effective date of the Industrial Safety Ordinance was January 15, 1999. The ordinance applies to oil refineries and chemical plants with specified North American Industry Classification System (NAICS) codes, which were required to submit a Risk Management Plan to the U.S. EPA and are program level 3 stationary sources as defined by the California Accidental Release Prevention (CaIARP) Program. The ordinance 1 specifies the following: • Stationary sources had one year to submit a Safety Plan to Contra Costa Health Services stating how the stationary source is complying with the ordinance,except the Human Factors portion (completed January ' 15, 2000) • Contra Costa Health Services develop a Human Factors Guidance Document (completed January 15, 2000) IStationary sources had one year to comply with the requirements of the Human Factor Guidance Docu- ment that was developed by Contra Costa Health Services (completed January 15, 2001) • For major chemical accidents or releases,the stationary sources are required to perform a root cause analysis as part of their incident investigations (ongoing) • Contra Costa Health Services may perform its own incident investigation, including a root cause analysis ' (ongoing) • All of the processes at the stationary source are covered as program level 3 processes as defined by the Cali- fornia Accidental Release Prevention Program ' 0 The stationary sources are required to consider Inherently Safer Systems for new processes or facilities or for mitigations resulting from a process hazard analysis • Contra Costa Health Services will review all of the submitted Safety Plans and audit/inspect all of the sta- tionary source's Safety Programs within one year of the receipt of the Safety Plans (completed January 15, zoos) and every three years after the initial audit/inspection (ongoing) ' Contra Costa Health Services will give an annual performance review and evaluation report to the Board of Supervisors The 20o6 amendments to the Industrial Safety Ordinance requires or expands the following: • Expands the Human Factors to include Maintenance and all of Health and Safety • Requires the stationary sources to perform Safety Culture Assessments one year after the Hazardous Mareri- ats Programs develops guidance on performing a Safety Culture Assessment • Perform Security Vulnerability Analysis The six stationary sources now covered by the Industrial Safety Ordinance are: • Air Products at the Shell Martinez Refining Company • Air Products at the Tesoro Golden Eagle Refinery ' Shell Martinez Refining Company • General Chemical West in Bay Point • ConocoPhillips Rodeo Refinery ' 0 Tesoro Golden Eagle Refinery 6 1 Contra Costa Health Services completed and issued the Contra Costa County Safety Program Guidance Document on January 15, 2000. The stationary sources were required to comply with the Human Factors section of this guidance , document by January 15, 2001. Health Services is working with the stationary sources to develop the Safety Culture As- sessment Guidance, which should be completed by June 2009. Contra Costa Health Services has reviewed all of the Safety Plans submitted to the department and has started the fourth round of audits of the stationary sources,as required by the ordinance. In addition,Contra Costa Health Services has performed a specialized audit for all the stationary sources for their Human Factors programs and for Inherently Safer Systems completed in 2002. The status of the reviews and audits are discussed within the report. Annual Performance Review and Evaluation Report The Industrial Safety Ordinance specifies that the contents of the annual performance review and evaluation report contain the following: I • A brief description of how Health Services is meeting the requirements of the ordinance as follows: a. Effectiveness of the Department's program to ensure stationary source's compliance with the ordinance b. Effectiveness of the procedures for records management ' c. Number and type of audits and inspections conducted by Health Services as required by the ordinance d. Number of root cause analyses and/or incident investigations conducted by Health Services e. Health Services' process for public participation f. Effectiveness of the Public Information Bank g. Effectiveness of the Hazardous Materials Ombudsperson ' h. Other required program elements necessary to implement and manage the ordinance • A listing of stationary sources covered by the ordinance, including for each: , a. The status of the stationary source's Safety Plan and Program h. A summary of all stationary sources'Safety Plan updates and a listing of where the Safety Plans are publicly available c. The annual accident history report submitted by the regulated stationary sources and required by the ordinance d. A summary, including the status, of any root cause analyses and incident investigations con- ducted or being conducted by the stationary sources and required by the ordinance, including the status of implementation of recommendations c. A summary, including the status, of any audits, inspections, root cause analyses and/or inci- dent investigations conducted by Health Services, including the status for implementing the recommendations E Description of inherently safer systems implemented by the regulated stationary source g. Legal enforcement actions initiated by Health Services, including administrative, civil, and criminal actions • Total penalties assessed as a result of enforcement of the ordinance • Total fees,service charges, and other assessments collected specifically for the support of the ordinance ' • Total personnel and personnel years used by the jurisdiction to directly implement or administer the ordi- nance 1 Comments from interested parties regarding the effectiveness of the local program that raise public safety issues • The impact of the ordinance in improving industrial safety 1 Effectiveness of Contra Costa Health Services' Implementation of the Industrial Safety Ordinance Health Services has developed policies,procedures,protocols, and questionnaires to implement both the California Accidental Release Prevention Program and the Industrial Safety Ordinance. The policies, procedures, protocols, and questionnaires for these programs are listed below: • Audits/Inspections Policy • Conducting the Risk Management Plan/Safety Plan Completeness Review Protocol • Risk Management Plan Completeness Review Questionnaires • Safety Plan Completeness Review Questionnaires • Conducting Audits/Inspections Protocol • Safe Work Practices Questionnaires • CaIARP Program Audit Questionnaires • Safety Program Audit Questionnaires ' Conducting Employee Interviews Protocol • Employee Interview Questionnaires • Public Participation Policy • Dispute Resolution Policy • Reclassification Policy • Covered Process Modification Policy • CalARP Internal Performance Audit Policy • Conducting the Internal Performance Audit ' CalARP Internal Audit Performance Audit Submission • Fee Policy • Notification Policy ' Unannounced Inspection Policy • Risk Management Plan Public Review Policy Health Services has developed the Contra Costa County CaIARP Program Guidance Document and the Contra Costa County Safety Program Guidance Document. These documents give guidance to the stationary sources for I complying with the Industrial Safety Ordinance. The policies, procedures, protocols, and questionnaires are available through Health Services. The guidance documents can be downloaded through Health Services' website: www.cchealth.org'/groups/hazmat/california_accidental_release_prevention_guidance_document.php and www.cchealth.org/groups/hazmat/industrial_safety_orditiance_guidance.php Effectiveness of the Procedures for Records Management Health Services has set up hard copy and computer files for each of the stationary sources.The files include the fol- lowing folders: ' Annual status reports • Audits&Inspections • Communications K j • Completeness Review , • Emergency Response • Incident Investigation • Trade Secret Information The paper files for the stationary sources are kept in a central location.The Accidental Release Prevention Programs staff has files set up on the Health Services Network where the files for each of the different stationary sources are found and are accessible to each of the Accidental Release Prevention Programs Engineers, Supervisor, and Hazardous Materials Programs Director. The Accidental Release Prevention Programs files also contain regulations, policies, information from the U.S. EPA, the Governor's Office of Emergency Services, the U.S. Chemical Safety and Hazards Investigation ' Board,and other information pertinent to the engineers. The risk management and safety plans received are kept at two different Health Services locations: the Hazardous Materials Program Offices and the Accidental Release Prevention Program Offices. Number and Type of Audits and Inspections Conducted Health Services was required to audit and inspect all seven (currently six) regulated stationary sources that were , required to comply with the Industrial Safety Ordinance within one year after the initial submittal of their Safety Plans. Health Services reviewed all of the Safety Plans and audited/inspected all of the stationary sources' Safety Programs , within that year (2000). Health Services performed focused audits of the stationary sources for their Human Factors Programs (this was not included in the original audit/inspection, since the stationary sources were not required to have their Human Factors Program in place until January toot) and Inherently Safer Systems in toot and 2002. Additional ' focused audits were performed to look at how two stationary sources would manage the organizational change in case there was a strike and non-striking personnel were used instead of the striking personnel (2002). Health Services com- pleted the second round of audits for all of the Industrial Safety Ordinance stationary sources in 2003 and 2004 and began a third round of audits in fall 2005, which was completed in the spring of 2007. The beginning of the fourth round of audits began January 2008. ' When Health Services reviews a Safety Plan, a Notice of Deficiencies is produced that documents what changes to their Safety Plan a stationary source are required to make before Health Services determines that the Safety Plan is complete. , The stationary source has 6o to go days to respond to the Notice of Deficiencies. When the stationary source has re- sponded to this Notice of Deficiencies, Health Services will review the response. Health Services will either determine that the Safety Plan is complete or will work with the stationary source until the Safety Plan is determined to be com- plete.When the Safety Plan is deemed complete, Health Services will open a public comment period on the Safety Plan and will present the plan in a public meeting or venue. Health Services will respond to all written comments in writing and when appropriate use the comments in the audit/inspection of the regulated stationary sources. Health Services will issue Preliminary Audit Findings after an audit/inspection is complete.Thestationarysourcewill have ' go days to respond to these findings.Health Services will review the response from the stationary source on the Preliminary Audit Findings.When the stationary source has developed an action plan to come into compliance with the regulations, Health Services will issue the Preliminary Audit Findings for public comment and will present the findings in a public ' meeting or venue. Health Services will consider any public comments that were received during the public comment period and if appropriate will revise the Preliminary Audit Findings. When this is complete, Health Services will issue the Final Audit Findings and will respond in writing to any written public comments received.Table 1 lists the status of Health Services review of the different stationary sources'Safety Plans and audit and inspections of their Safety Programs. 9 , Number of Root Cause Analyses and/or Incident Investigations Conducted by ' Health Services Health Services has not performed any incident investigations, including a root cause analysis, within the last year. Reaction Products submitted a root cause analyses report to Health Services as part of its 3o-day report. A listing of the Major Chemical Accidents or Releases can be found on the Health Services website at the following address: www. cchealth.org/groups/hazmat/accident_history.php This list includes accidents that occurred prior to the adoption of the Industrial Safety Ordinance. Health Services' Process for Public Participation 1 Health Services, in 2005, worked with the community and developed materials that would describe the Industrial Safety Ordinance using a number of different approaches. The community representatives suggested that Health Ser- vices look at existing venues that are attended by the public that the Health Services'can present and receive comments 1 on Preliminary Audit Findings and the stationary source's Safety Plans. Health Services plans to present Audit Findings for General Chemical Bay Point Works as an agenda item to the Municipal Advisory Council in Bay Point on Novem- ber 4, 2008. Effectiveness of the Public Information Bank The Hazardous Materials Programs section of Health Services website www.cchealth.org/groups/hazmat/ includes the following information: • Industrial Safety Ordinance » Description of covered facilities » Risk Management Chapter discussion ' Copy of the ordinance » Land Use Permit Chapter discussion ' Copy of the ordinance » Safety Program Guidance Document » Frequently Asked Questions » Public Outreach strategies • California Accidental Release Prevention (CaIARP) Program I » Contra Costa County's California Accidenral Release Prevention Program Guidance Document » Program Level description ' » Discussion on Public Participation for both CalARP Program and the Industrial Safety Ordinance » A map locating the facilities that are subject to the CalARP Program and are required to submit a Risk Management Plan to Health Services. The map links to a description of each of the facilities and the regulated substances handled. • Hazardous Materials Inventories and Emergency Response Program ' » Descriptions » Forms 10 i • Underground Storage Tanks Description of the program ' » Copies of the Underground Storage Tanks Health &Safety Code sections Underground Storage Tanks forms • Green Business Program , Description of the Green Business Program with a link to the Association of Bay Area Government's website on the Green Business Program • Hazardous Materials Incident Response Team , Including information of the Major Chemical Accidents or Releases that have occurred » The County's Hazardous Materials Incident Notification Policy A link to the ConocoPhillips Fenceline Monitors • Hazardous Materials Program Incident Search Online search of the hazardous materials incident database for incidents that have occurred from 1993 , to current year by entering a date range,address,city,and/or facility name • Facility Search r » Online search of the facilities that handle hazardous materials by name of the facility, street name, and city or any combination of the three ' • Unannounced Inspection Program Lists the facilities that are subject to unannounced inspections under the Unannounced Inspection Program • Hazardous Materials Interagency Trask Force ' » Includes a matrix of who has what hazardous materials and regulatory responsibilities » Minutes from pass meetings ' » Presentations from past meetings • Incident Response Accident History that list summaries of major accidents from industrial facilities in Contra Costa County from 1992 to most recent ' • Additional resource links for more information Effectiveness of the Hazardous Materials Ombudsman 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 are performing their duties. Attachment A is a report from the Hazardous Materials Ombudsman on the effectiveness of the position. 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Other Required Program Elements Necessaryto Implement and Manage the Industrial Safety Ordinance ' The California Accidental Release Prevention (CalARP) Program is administered in Contra Costa.County by Con- tra Costa Health Services. The Industrial Safety Ordinance expands on this program. Stationary sources are required to submit a Risk Management Plan to Health Services that is similar to the Safety Plans that are submitted. Health Services ' reviews these Risk Management Plans and performs the CaIARP Program audit simultaneously with the Industrial Safety Ordinance audit. Health Services performs Unannounced Inspections of the stationary sources that are part of the CaIARP Program and are also required to submit a Risk Management Plan to the U.S. EPA.These inspections look at a focused portion of the CaIARP Program or Industrial Safety Ordinance requirements,as well as elements from the other Hazardous Materials Programs. ' Regulated Stationary Sources Listing The Status of the Regulated Stationary Sources' Safety Plans and Programs 1 All of the stationary sources that are regulated by the Industrial Safety Ordinance were required to submit their Safety Plans to Health Services by January 15,z000 and to have their Safety Programs completed and implemented.The ' stationary sources were also required to have a Human Factors Program in place that follows the County's Safety Pro- gram Guidance Document by January 15, zoos. The status of each of the regulated stationary sources is given in Table I and includes the following: • When the latest updated Safety Plan was submitted • When the Notice of Deficiencies was issued • When the plan was determined to be complete by Health Services • When the public meeting was held on the Safery Plan • When the audits were complete • When the public meetings were held on the preliminary audit findings • When the Human Factors to the Safety Plan were revised • When the Notice of Deficiencies was issued for the Human Factors revised Safety Plan • When the Human Factors Safety Plan was determined to be complete • When the Audit/Inspection was completed • When the Human Factors Audit preliminary findings Public Meeting was held Locations of the Regulated Stationary Sources Safety Plans , Each of the regulated stationary sources was required to submit its Safety Plan to Health Services on January 15, z000 and an updated Safety Plan that includes the implementation of the stationary source's Human Factors Program by January 15, 2001. The regulated stationary sources are required to update their Safety Plan at least once every three years. These plans are available for public review at the Hazardous Materials Programs Offices at 4333 Pacheco Blvd., Martinez. When Health Services determines that the Safety Plan is complete and prior to going out for a 45-day public ' comment period, Health Services will place the plan in the library(ies) closest to the regulated stationary source. Below in Table 11 is a listing of the regulated stationary sources with the location of each of their Safety Plans. 13 Table II Location of Safety Plans—Libraries Regulated Stationary Source Location 2 Location Z Location 3 Air Products at Shell Hazardous Materials Martinez Public Library Programs Office Air Products at Tesoro Hazardous Materials Martinez Public Library Programs Office Shell Refining—Martinez Hazardous Materials Martinez Public Library Programs Office General Chemical West Hazardous Materials Bay Point Public Library 1 Bay Point Works Programs Office ConocoPhil ips Rodeo Hazardous Materials Rodeo Public Library Crockett Public Library Refinery Programs Office Tesoro Golden Eagle Hazardous Materials Martinez Public Library Refinery Programs Office wy vr� ------------- ;fir ": �, � �', �` d�`:• 3. 1 r Table III Inherently Safer Systems , Design , Regulated Stationary Source Inherently Safer System Implemented Strategy Category Air Products at Shell Martinez Reduced the frequency of the hazard by changing Passive Moderate r Refinery design features (once) Air Products at Tesoro Implemented risk reduction strategies (active) no new inherently safer systems implemented , ConocoPhillips- Reduction of inventory by removing piping/ Inherent Minimization Rodeo Refinery equipment from the process (four times) Use a less hazardous chemical (once) Inherent Substitution Revised equipment metallurgy, design features Passive Simplify ' (Nineteen times) Reduced the potential of a hazard by moving to Passive Moderate r an alternate location (four times) General Chemical West Reduced the frequency of the hazard by changing Passive Moderate , Bay Point Works design features (Three times) Minimize exposure to the hazard by changing Passive Minimize ' design features and frequency of operation (Twice) r Shell Martinez Refinery Elimination of glass gauge to eliminate exposure Inherent Simplify to hazard (once) , Upgrade tubing and equipment metallurgy to Passive Simplify reduce potential of a hazard or the frequency (three times) Tesoro Golden Eagle Refinery Remove out of service piping and utility Inherent Simplify , connections (two times) I_,limination of atmospheric PSVs (once) Inherent Moderate ' Remove process storage (once) Inherent Minimization Reduced the frequency of the hazard by changing Passive Moderate ' design features (nine times) Reduced potential of a hazard or the frequency Passive Simplify r by changing design features (two times) IS 1 ' Status of the Incident Investigations, including the Root Cause Analyses ' Conducted by the Regulated Stationary Sources The Industrial Safety Ordinance requires the regulated stationary sources to do an incident investigation with a root cause analysis for each of the major chemical accidents or releases as defined by the following: `Major Chemical Accident or Release"means an incident that meets the definition of a Level 3 or Level z incident in the Community Warning Sys- tem incident level classification system defined in the Hazardous Materials Incident Notification Policy, as determined by Contra Costa Health Services;or results in the release of a regulated substance and meets one or more of the follow- ing criteria: 1 • Results in one or more fatalities • Results in greater than z4 hours of hospital treatment of three or more persons • 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 esti- mates shall be performed by appropriate agencies and compiled by Health Services • Results in a vapor cloud of flammables and/or combustibles that is more than 5,000 pounds The regulated stationary source is required to submit a report to Health Services 3o days after the root cause analysis is ' complete. The record of the major chemical accidents or releases that have occurred within the last year and the status of each of these incidents investigations are included in Table IV. i Table IV Regulated Date MCAR MCAR Description Onsite Offsite Impact Source Occurred Impact ' Reactions 5/5/2008 A brass valve was removed from a bottom of a storage The loss of Toluene went offsite into the Products tank partially filled with toluene.The removal looked to over 3,000 wetlands.The toluene was in a be a theft of the valve over a weekend when no one was gallons of ditch that runs along the border at the facility, Over 3,000 gallons of toluene was released. toluene. of Parchester Village.Toluene The spill went offsite into a ditch that run through the odors were noticeable in the wetlands between Parchester Village and the Bay.The Parchester Village.Siren was release was found on Monday morning and the US Coast sounded and the residents of Guard responded and requested that a shelter-in-place be Parchester Village were requested called.The Parchester siren was sounded and information to shelter-in-place. went out over the media to notify the residents of the shelter-in-place. When Health Services Hazardous Materials Response Team arrived onsite and took measurements of the amount of toluene in the air,the shelter-in-place was lifted. Health Hazardous Materials Programs is classifying this incident as a Community Warning System Level 11 and a Major Chemical Accident or Release Severity Level 11,because if the toluene ignited the damage and consequences of the incident would be major. ' 16 Major Chemical Accidents or Releases ' Health Services has analyzed the Major Chemical Accidents or Releases (MCAR) that have occurred since the ' implementation of the Industrial Safety Ordinance. The analysis includes the number of MCARs and the severity of the MCARs. Three different levels of severity were assigned: • Severity Level III—A fatality,serious injuries.. or major onsite and/or offsite damage occurred • Severity Level II—An impact to the community occurred, or if the situation was slightly different the ac- cident may have been considered major,or there is a recurring type of incident at that facility • Severity Level I—A release where there were no or minor injuries, the release had no or slight impact to the community,or there was no or minor onsite damage , Below are charts showing the number of MCARs from January i999 through September zoos for all stationary sources in Contra Costa County,the MCARs that have occurred at the County's Industrial Safety Ordinance stationary sources, and a chart showing the MCARs that have occurred at the County and the City of Richmond's Industrial Safety Ordi- nance stationary sources.The charts also show the number of severity I, II and III MCARs for this period. NOTE:The charts do not include any transportation MCARs that have occurred. ' Major Chemical Accidents and Releases 12 ' 10 8 --0--Tot:il MCARs �—Severity Level III 0 6Seventy Level 11 4 -- - � � �--Scvcrity Level I Z 2 0 � 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Year ISO Stationary Sources MCARs 10 9 8 p: 7 6 ! �� * Total MCARs 0 5 I f Severity Level III 4 Severity Level 11 , X Severity Level I � 3 � -- z '2 ' 1 � t 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 ty Year ' A weighted score has been developed giving more weight to the higher severity incidents and a lower weight to ' the less severe incidents. The purpose is to develop a metric of the overall process safety of facilities in the County, the facilities that are covered by the County and the City of Richmond Industrial Safety Ordinances,and the facilities that are covered by the County's Industrial Safety Ordinance. A Severity Level III incident is given 9 points, Severity Level ' II 3 points, and Severity Level I t point. Below is a graph of this weighted scoring. ' Major Chemical Accidents and Releases Weighted Score ' 30 25 20 ®Total MCARs 15 ■County & Richmond ISO 10 - — — — ❑County ISO 5 — MV.—I — IO LW W M 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 ' Legal Enforcement Actions Initiated by Health Services As part of the enforcement of the Industrial Safety Ordinance and the CaIARP Program, Health Services issues Notice of Deficiencies on the Safety and Risk Management Plans and issues Audit Findings on what a stationary source ' is required to change to come into compliance with the regulations. Table I shows the action that has been taken by Health Services. Health Services has not taken any action through the District Attorney's Office for noncompliance with the requirements of the Industrial Safety Ordinance. ' Penalties Assessed as a Result of Enforcement No penalties have been assessed this year for noncompliance with the Industrial Safety Ordinance. Total Fees, Service Charges, and Other Assessments Collected Specifically for the Industrial Safety Ordinance The fees charged for the Industrial Safety Ordinance are to cover the time that the Accidental Release Prevention Engineers use to enforce the ordinance, the position of the Hazardous Materials Ombudsman, outreach material, and to cover a portion of the overhead for the Hazardous Materials Programs.The fees charged for administering this ordi- nance and the Richmond Industrial Safety Ordinance for the fiscal year 2008—o9 are$524,244• ' 18 Total Personnel and Personnel Years Used by Health Services to Implement the ' Industrial Safety Ordinance The Accidental Release Prevention Programs Engineers have reviewed resubmitted Safety Plans, prepared and pre- sented information for public meetings, performed audits of the stationary sources for compliance with both the Cali- fornia Accidental Release Prevention Program and Industrial Safety Ordinance and did follow-up work after a Major ' Chemical Accident or Release.The following is a breakdown of the time that was spent on the County's and the City of Richmond's Industrial Safety Ordinances: , • Accidental Release Prevention Programs Engineers Time-148o personnel hours or 0.74 personnel years Four ISO/CaIARP Program facilities audits were done between December 2007 and December 2008. ' It takes four or five engineers four weeks to perform an ISO/CaIARP Program audit the total time taken to perform the four audits in 2008 is 3000 hours.Approximately 1/3 of the time is dedicated to the Industrial Safety Ordinance for a total of, r000 hours. Follow-up work to audits-6o hours per audit,or 240 total hours » Developing Safety Culture Assessment Guidance and establishing Process Safety Measurement-240 hours ' Reviewing information for the website-15 hours • Health Services Communications Office or the Accidental Release Prevention Engineers prepare material for presentations and public meetings—total approximately 8o personnel hours. , • Total of 1,640 hours is the approximate personnel time spent on the Industrial Safety Ordinance, or o.82 personnel years. ' This is not including the Ombudsman time spent helping prepare for the public meetings, working with the engineers on questions arising from the Industrial Safety Ordinance, and answering questions from the public on the Industrial ' Safety Ordinance. Comments From Interested Parties Regarding the Effectiveness of the Industrial , Safety Ordinance No comments were received on the County's or the City of Richmond's Industrial Safety Ordinances during the last , year.Attachment C includes questions and summary of the meeting that was held in Parchester Village after the spill of toluene from Reaction Products. The Impact of the Industrial Safety Ordinance on Improving Industrial Safety , Four programs are in place to reduce the potential of an accidental release from a regulated stationary source that , could impact the surrounding community. The four programs are the Process Safety Management Program adminis- tered by Cal/OSHA, the federal Accidental Release Prevention Program administered by the U.S. EPA, the California Accidental Release Prevention Program administered locally by Health Services, and the Industrial Safety Ordinance administered by Health Services. Each of the programs is very similar, with the Industrial Safety Ordinance being the most stringent.The prevention elements of the program level 3 regulated stationary sources under the federal Accidental Release Prevention Program is identical to the process Safety Management Program. The main differences between the ' federal Accidental Release Prevention and the CaIARP Programs are as follows: • The number of chemicals regulated ' • The threshold quantity of these chemicals 19 , • An external events analysis, including seismic and security and vulnerability analysis, is required • Additional information in the Risk Management Plan • Health Services is required to audit and inspect stationary sources at least once every three years • The interaction required between the stationary source and Health Services The differences between the CaIARP and the Industrial Safety Ordinance Safety Programs are as follows: • Stationary sources are required to include a root cause analysis with the incident investigations for Major ' Chemical Accidents or Releases • The stationary sources are required to consider inherently safer practices • All of the processes at the regulated stationary source are covered • Managing changes in the organization for operations, maintenance, and emergency response • The implementation of a Human Factors Programs The Board of Supervisors amended the County's Industrial Safety Ordinance to expand the requirement of the ordi- nance in 2oo6. These amendments are as follows: • Expand the Human Factors section of the Industrial Safety Ordinance to include the following: Maintenance procedures Management of Organizational Changes Maintenance personnel A job task analysis for each of the positions that work in operations, maintenance, emergency ' response and Health and Safety Include temporary changes in the Management of Organizational Change • A requirement that the stationary sources perform a Security and Vulnerability Analysis and test the effec- tiveness of the changes made as a result of the Security and Vulnerability Analysis • The stationary sources perform a Safety Culture Assessment Work is being done to develop Safety Culture Assessment guidance. The Industrial Safety Ordinance Guidance docu- ment is being updated to include the remaining changes to the ordinance.The Accidental Release Prevention Engineers ' have participated with the Center for Chemical Process Safety on developing the second edition of the Inherently Safer Chemical Processes book that is referenced in the ordinance and with the Center for Chemical Process Safety on develop- ing process safety metrics for leading and lagging indicators. All of these requirements will and have lowered the probability of an accident occurring. Contra Costa County has been recognized in the Chemical Safety and Hazard Investigation Board Report on the BP March 23, 2,005 Texas City Investigation as an alternative model for doing process safety inspections. The report states: "Contra Costa County and the U.K. Health and Safety Executive conduct frequent scheduled inspections of PSM and major hazard facilities with highly qualified staff." This was done to compare to the number of OSHA process safety management audits. Carolyn W. Merritt, the Chemical Safety and Hazard Investigation Board Chair at that time also recognized Contra Costa County in testimony to the House of Representatives Committee on Education and Labor chaired by Representative ' George Miller. Senator Barbara Boxer, during a hearing to consider John Bresland's nomination to the Chemical Safety and Hazard Investigation Board as the Chair (replacing Carolyn Merritt), asked Mr. Bresland about the Contra Costa ' County program for process safety audits of refineries and chemical companies.The Chemical Safety and Hazard Inves- tigation Board also mentions Contra Costa County in a DVD,Anatomy ofa Disaster:Explosion at BP Texas City Refinery, on the resources given to audit and ensure facilities are complying with the regulations. ' 20 City of Richmond Industrial Safety Ordinance The City of Richmond passed its version of the Industrial Safety Ordinance on December 18, 2ooi that became ef- fective on January 17, 2002. Richmond's Industrial Safety Ordinance mirrors the County's Industrial Safety Ordinance, with the exceptions of the 2oo6 amendments to the County's Ordinance. Richmond's Industrial Safety Ordinance cov- ers two stationary sources: Chevron and General Chemical West Richmond Works. ' Chevron and General Chemical West Richmond Works submitted their Safety Plans to Health Services,which reviewed the plans. The public comment period for these plans ended in January 2004. Public meetings held in 2004 in North Richmond and Richmond discussed Chevron and General Chemical West Richmond Works audit findings.The second Richmond Industrial Safety Ordinance/CaIARP Program audits for these facilities occurred in 2oo6 and public meet- ' ings were held in June 2007 at Hilltop Mall at "Lessons from Katrina,"the 2007 Neighbor Works Week:Homeownership Faire& Disaster Preparedness Expo. Health Services followed up on the January 15, 2007 fire at the Chevron Refinery. The follow-up included a public meeting, City Council meetings, meetings with Chevron on the investigation and the ' root cause analysis. Chevron Richmond Refinery was audited for the fourth time for CaIARP program and the third time for RISO in April 2oo8 and the final report is being finalized. ' Al I � 71 2 w �< � flTiflCtiMfnT fl � flflZflPDOUS MUMIS O/AbUDShflH PfPOPT 1 Hazardous Materials Ombudsman Evaluation for the Period November 2007 through September 2008 ' I.Introduction On July 15, 1997 the Contra Costa County Board of Supervisors authorized creation of an Ombudsman position for the County's Hazardous Materials Programs. The first Hazardous Materials Ombudsman began work on May t, 1998. The Contra Costa County Board of Supervisors adopted an Industrial Safety Ordinance on December 15, 1998. ' Section 450-8.022 of the Industrial Safety Ordinance requires the Health Services Department to continue to employ an Ombudsman for the Hazardous Materials Programs. Section 450-8.03o(B)(vii) of the Industrial Safety Ordinance requires an annual evaluation of the effectiveness of the Hazardous Materials Ombudsman, with the first evaluation to ' be completed on or before October 31, 2000. The goals of section 45o-8.022 of the Industrial Safety Ordinance for the Hazardous Materials Ombudsman are: • To serve as a single point of contact for people who live or work in Contra Costa County regarding environ- mental health concerns,and questions and complaints about the Hazardous Materials Programs. • To investigate concerns and complaints, facilitate their resolution, and assist people in gathering informa- tion about programs, procedures,or issues. • To provide technical assistance to the public. ' The Hazardous Materials Ombudsman currently accomplishes these goals through the following program elements: • Continuing an outreach strategy so that the people who live or work in Contra Costa County can know ' about and utilize the program. ' Investigating and responding to questions and complaints, and assisting people in gathering information about programs, procedures,or issues. ' Participating in a network of environmental programs for the purpose of providing technical assistance. This evaluation covers the period from November zoo?through September 2o08 for the Hazardous Materials Ombuds- man program. The effectiveness of the program shall be demonstrated by describing that the activities of the Hazardous Materials Ombudsman meet the goals established in the Industrial Safety Ordinance. ' 24 II. Program Elements ' I. Continuing an Outreach Strategy This period,efforts were focused on maintaining the outreach tools currently available. Copies of the Ombudsman Brochure were translated into Spanish and were distributed to the public at meetings, presentations,public events,and ' through the mail. A contact person was also established in Public Health that could receive calls from the public in Spanish and serve as an interpreter to respond to these calls. In addition to explaining the services provided by the posi- tion, the brochure also provides the phone numbers of several other related County and State programs. The web page was maintained for the program as part of Contra Costa Health Services web site.This page contains information about the program, links to other related websites, and information about upcoming meetings and events. A toll-free phone , number is still published in all three Contra Costa County phone books in the Government section. z. Investigating and Responding to Questions and Complaints, and Assisting in Information Gathering ' a. Responding to Questions and Complaints During this period, the Hazardous Materials Ombudsman received 148 information requests. More than 95 ' percent of these requests occurred via the telephone, and have been requests for information about environ- ' mental issues. Requests via email are slowly increasing, mainly through referrals from Health Services' main webpage. Most of these requests concern problems around the home such as asbestos removal, household haz- ardous waste disposal, pesticide misuse and lead contamination. ' Information requests about environmental issues received via the telephone were generally responded to within one business day of being received. Many of the information requests were answered during the initial call. , Some requests required the collection of information or written materials that often took several days to com- pile. Telephone requests were responded to by telephone unless written materials needed to be sent as part of ' the response. Complaints about the Hazardous Materials Programs have been received via telephone and in writing. Persons , who have made complaints via telephone have been also asked to provide those complaints in writing. Dur- ing this period, the Hazardous Materials Ombudsman received one inquiry about activities or actions of the ' Hazardous Materials Programs. This complaint was about the proposed hazardous materials fees being assessed against a business.The Ombudsman supported the position that the fees being assessed by the Hazardous Ma- terials Programs were justified. The key consideration was whether annual fees could be charged for tri-annual ' inspections b. Assisting in Information Gathering , Many of the environmental pollution issues that Contra Costa residents are concerned about are on-going ' regulatory programs or industrial activities. Helping people to participate in these regulatory activities or to ef- fectively advocate their interests about an industrial activity usually means providing them with more informa- tion or advice than can be done with a single phone call. Often these issues are complex and can take months , to resolve. Some of this is done through technical assistance, which will be covered in the next section. ZS Another way of helping the public to gather information is to ensure the public has the opportunity to be informed about, and participate in, important decisions related to environmental protection. The Hazardous Materials Ombudsman has done this by organizing, promoting and facilitating public involvement in impor- tant hazardous materials issues. These are as follows: ' Incident Response—On May 5, 2oo8 a small manufacturing company on the edge of Parchester Village in Richmond had a spill of 3000 gallons of the flammable sol- vent toluene from an above-ground storage tank. The Community Warning System was used to notify nearby residents of the spill, and the County's Hazardous Materi- als Program responded to the spill along with several other local, state and federal agencies. At the request of County Supervisor Gioia, the Ombudsman organized and facilitated a com- munity meeting on May to, 2oo8 to allow community residents to hear about what occurred and ' the response directly from the responding agencies, and to voice any questions or concerns they had. Seven different agencies and the Supervisor's Office participated in the community meeting, ' which was held as part of the Parchester Neighborhood Association meeting. Approximately 75 people attended the meeting.The Ombudsman also sent follow-up letters to all Parchester Village households on May 30, 2oo8 responding to questions that could not be answered at the meeting. Industrial Safety Ordinance Public Participation—The ordinance requires that pub- lic meetings be held at various stages of the process. The Hazardous Materials Ombudsman ' has worked closely with the Hazardous Materials Programs staff and the Board of Supervi- sors to develop an intensive public outreach strategy for the Industrial Safety Ordinance. Dur- ing this period, the Ombudsman helped the Hazardous Materials Program develop programs and prepare information for public presentations about audits completed during the year. Laotian Telephone Emergency Notification Project—As a result of a major fire at a refinery in Richmond in 1999, the Laotian community in the Richmond area was concerned about the lack of understanding of many Laotians about the Community Warning System and what to do in the event ' of a release. They requested the County to develop a way to send the Telephone Emergency Noti- fication System message,which is part of the Community Warning System, to Laotian households in four Laotian languages.The Hazardous Materials Ombudsman worked with the Director of the Hazardous Materials Programs and the Laotian Organizing Project to develop a pilot methodology. In 2001,$140,000 of fundingwas secure to implement the pilot project and a project coordinator was hired.In 2002,the Hazardous Materials Ombudsman hired four outreach staff and supervised all five staff people to implement this pilot program.The pilot project was completed in the spring of 2003. ' At that time, the Board of Supervisors directed the Ombudsman to participate in an evaluation of a new technology to provide automated telephone alerts in various languages. The Ombudsman hired two Laotian staff to test this technology in too Laotian homes. This test was completed in early 2004 and the recommendation to pursue this new technology instead of the methodology used in the first pilot study was accepted by the Internal Operations Committee of the Board of ' Supervisors. In zoos the Hazardous Materials Ombudsman worked with the Community Warn- ing System Program in the Sheriffs Office to begin installing these alert boxes. Several technical problems delayed the implementation of the project. 26 i In 2007, these technical problems were resolved and the Ombudsman oversaw two Laotian out- reach workers who were hired to install the alert boxes under a one-year contract. This contract was completed this year with the installation of approximately too boxes, and the program was completed. i Concord Naval Weapons Station Landfill Remediation—The Ombudsman provided technical i support concerning diesel emissions to efforts by the County's Conservation and Development Department and Supervisor Bonilla's office to mitigate the impacts to communities near the Con- cord Naval Weapons Station from an effort to cap a contaminated landfill , 3. Participating in a Network of Environmental Programs for the Purpose of Providing Technical Assistance Technical assistance means helping the public understand the regulatory, scientific, political, and legal aspects of ' issues. It also means helping them understand how to effectively communicate their concerns within these different arenas. This year, the Ombudsman continued to staff a number of County programs, as well as participate in other programs to be able to provide technical assistance to the participants and the public. CAER (Community Awareness and Emergency Response)—This nonprofit organization ad- ' dresses industrial accident prevention, response and communication. The Ombudsman partici- pated in the Emergency Notification subcommittee of CAER. Hazardous Materials Commission—In 2001, the Ombudsman took over as staff for the com- mission. As staff to the commission, the Ombudsman conducts research, prepared reports, writes letters and provides support for 3 monthly Commission meetings. This year the Ombudsman developed a public survey to solicit concerns about hazardous materials and attitudes about rela- tive risk, is preparing to conduct two town hall forums about Household Hazardous Waste issues with County Supervisors, is planning an educational forum on cumulative impacts, conducted research on brownfield issues in the County, conducted research on the status of Environmental ' Justice issues in the County, and helped the Commission prepare recommendations to the Board Of Supervisors concerning the County's Environmental Justice policy. ' Public and Environmental Health Advisory Board (PEHAB)—As staff to the Environmen- tal Health subcommittee of PEHA.B, the Ombudsman completed a report on pest manage- ' ment issues in the County in March, zoo1. In response to this report, the Board of Supervi- sors asked Health Services and the County Agricultural Commissioner to convene a Task Force to develop an Integrated Pest Management Policy for the County. The Ombudsman i represented Health Services as co-chair of this Task Force from 2001 till March of z007. The Board of Supervisors adopted the policy in November of 2002. During 2oo8 the Ombuds- man continued to represent Health Services on the Task Force as they implemented the policy. The Ombudsman also participated in a regional program developing public education programs i about the consumption of contaminated fish out of San Francisco Bay and the Delta as a result of PEHAB's concern about the Environmental Justice issues raised by the significant subsistence i 27 ' i ifishing by Contra Costa residents.The Ombudsman also helped the members of PEHAB to host a discussion and prepare comments on the Bay Area Air Quality Management District's flare control rule. Asthma Program—The Ombudsman participated in the Public Health Department's asthma management team as a resource on environmental health issues. The Ombudsman also partici- pated in countywide asthma coalition meetings, and represented the Asthma program at regional ' meetings pertaining to asthma issues,particularly diesel pollution and wood smoke.The Ombuds- man helped secure and oversaw the implementation of a $170,000 CalTrans grant that allowed Asthma Advocates and other County residents to get involved in land-use issues related to diesel pollution and goods movement. This project has conducted two workshops thus far this year.The Ombudsman gave presentations to six high school classes on asthma and air pollution. iEnvironmental Justice—In September of 2003, the Board of Supervisors adopted an Environ- mental Justice policy.At that time they directed each County Department to designate an existing staff member as a representative to a Countywide Environmental Justice committee. The Om- budsman was designated by the Health Services Director to be the representative for the Health ' Services Department.The Ombudsman actively worked with the Public Health Division to imple- ment its Environmental Justice framework this year. ' East County Environmental Justice Collaborative—During this period the Ombudsman pro- vided technical assistance to the East County Environmental Justice Collaborative,a Public Health project in Bay Point.This project was funded by grants from the Federal EPA and the San Francis- co Foundation that the Ombudsman helped to secure.The role of the Ombudsman in this project was to help community residents understand the risks presented to them by various environmental sources of pollution so that they could better determine which of these, if any,were of concern to them. The Ombudsman helped develop a town hall meeting and community survey used in this project. The residents chose to focus on drinking water quality, air pollution and garbage issues. This work will continue into 2009. The Hazardous Materials Ombudsman also attended workshops, presentations, meetings and trainings on a variety i of environmental issues to be better able to provide technical assistance to the public. Topics included biomonitoring, Environmental Justice, emergency management practices, health mitigations for consumption of contaminated fish, ' effective techniques for public education and outreach, and diesel pollution. III. Program Management The Hazardous Materials Ombudsman continued to report to the Public Health Director on a day-to-day basis during this period, while still handling complaints and recommendations about the Hazardous Materials Programs through the Health Services Director.The duties of the Hazardous Materials Ombudsman also included direct supervi- sion of two contract employees for the Laotian Telephone Emergency Notification System project and management of the Caltrans grant about Goods Movement. The Ombudsman also was a member of Health Services Emergency zS i Management Team and participates on its HEEP management team. The Ombudsman helped secure funding from the 1 federal EPA and the San Francisco Foundation for continuing the East County Environmental Justice work,and helped 1 the County's Public Works Department apply for funding from a Federal EPA penalty settlement to upgrade its diesel fleet. IV. Goals for 2009 1 In 2009, the Ombudsman will provide essentially the same services to Contra Costa residents as was provided in 1 2008.The Ombudsman will continue to respond to complaints about the actions of the Hazardous Materials Programs; answer general questions that come from the public and assist them in understanding regulatory programs; staff the 1 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 and CAER committees. In particular, the Ombudsman will continue to oversee the implementation of the Caltrans goods movement grant and continue to provide technical support to the East County Environmental Justice Collaborative project, and conduct household hazardous waste townhall forums for the Hazardous Materials Commis- sion. 1 In 2009, the Ombudsman will continue efforts to re-distribute his brochures throughout the County and promote his services via the County's website. He will also continue to give presentations to community groups and governmental agencies to promote the services of the position. The Ombudsman will also continue to seek out and pursue funding from grants, settlements and penalties for environmental projects in Contra Costa County with the appropriate part- i ners. i i 1 1 i 1 1 1 29 i i TI (fl lAt m T b � Pt6ULfiTtD SOURCES KCIDMI flISiORY MD � lHfltPtHT AMY INUMTHOH 1 Title: ' — INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE J REVIEW AND EVALUATION CCIlel T R A COSTA Document No.: Date Effective: Page: B-I of 25 H EALTH SERVICES HAZARDOUS MATERIALS PROGRAMS Policy Document Owner: Approved By: Revision No.: I Annual Performance Review and Evaluation Submittal ' June 13, 2008 *Attach additional pages as necessary ' I. Name and address of Stationary Source: Air Products Tract 1, Tesoro Refinery (Golden Eagle - Avon), Solano Way, Martinez, CA 94553 2. Contact name and telephone number(should CCHS have questions): Michael Cabral. (925)372-9302 3. Summarize the status of the Stationary Source's Safety Plan and Program(450-8.030(131)(2)(i)): The Stationary Source's Salety Plan is complete per CCHS requirements and submitted to CCHS 16r review. The Proeram has been implemented, as required. ' 4. Summarize Safety Plan updates(i.e.,brief explanation of update and corresponding date)(450-8.030(13)(2)(ii)): Date: 15 June 2007-update: Section 7(Annual Accident History)and Section 8(Annual Performance Review and Evaluation Suhmittal: Date.-5 February 2007- Updated information to the CCC ISO Plan as requested: Cover pace 12101106 ' Rev 14:Sections 4.0-6.4:Section 9 Safety Plan Certification: RMP/CaIARP/ISO Sa ety Plan Revision History 5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the source will provide individuals with copies of the document(450-8.030(B)(2)(ii)): CCHS Office,4333 Pacheco ' Boulevard, Martinez; Martinez Library(library closest to the stationary source):Air Products—See contact in #2,above. ' 6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450- 8.016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Section 450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance ' review report and the current annual performance review and evaluation submittal(12-month history): None 7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the status of implementation of recommendations formulated during the analysis(450-8.030(B)(2)(iv)): No events triel'ered this requirement since the previous Annual Performance Review and Evaluation submittal. 8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root Cause Analyses,or Incident Investigations conducted by the Department(450-8.030(B)(2)(v)): CCCHS completed a planned formal 3-Pear) CaIARPIISO audit at the facility from.January 22—Febniary 7. 2007. Air Products provided a response to the CCCHS administrative draft olpreliminary audit report on Mav 9, 2007. CCCHS indicated via Email on Mav 16, 2001, that the department agrees with the comments provided by APCI to the Administrative Draft of Preliminary Audit Report. APCI responded within 90 days in writine and provided proposed remedies and due dates to address the corrective actions identified in the preliminary 32 Title: INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE ' REVIEW AND EVALUATION CONTRA COSTA Document No.: Date Effective: Page: B-2 of 25 HEALTH SERVICES ' HAZARDOUS MATERIALS PROGPL-NMS Poliev Document Owner: Approved By: Revision No.: - 1 ' determination. Thesubmittal date fear the proposed remedies and proposed cite dates tress August 14, 2007..4s agreed to by CCHS all Action Items are on schedule to he completed by August 2009. ' 9. Summary of inherently safer systems implemented by the source including but not limited to hive ntory reduction(i.e..intensification)and substitution(450-8,030(13)(2)(vi)): 1) Plant uses aatreous ammonia rather than anhydrous ammonia in its emission control system. This help reduce the Off-site consequence ofan ammonia release. 2) Plant is designed without a liquid hydrogen backup systehn. This reduces the inventory of hazardous chemicals on-site. More recently the plant. 3) Re-devigned slhtttckrtrn associated with isolating plant power clue to a butane sphere leak to a more reliahle design. {) Added several active devices as additional lavers ofprotection for the prevention Qfpotential reformer furnace over-firing. S) Added aro thermocouples on the crossover monitoring flue gas temperature and upgraded the high temperature shutdown to a?out of three 3 vote to trip versus a single element vote to trip 6) Added a second vihration switch on our compressor and upgraded the shutdown to 1 out of 2 versus I out of 1. 10. Summarize the enforcement actions (including Notice of Deficiencies. Audit Reports, and any actions turned over to the Contra Costa County District Attornev's Office) taken with the Stationary Source pursuant to Section 450-8.028 of County Ordinance 98-48(450-8.030(B)(2)(vii)): None 11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)): No venalities ' havebeenassessed against am facility. 12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the ' LSO (150-8.030(13)(1)): CalARP Program fees for these eight facilities are - $524,244, the Risk Management Chapter of the Industrial Safely Ordinance fees are-$382.393. 13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer this Chapter (450-8.030(B)(5)): 4000 hours Were used to audit/insocct and issue reports on the Risk Management Chapter of the Industrial Safetv Ordinance. 14. Copies of any continents received by the source (that may not luive been received by the Department) regarding t the effectiveness of the local program that raise public safety issues(450-8.030(6)(6)): None 15. Summarize how this Chapter improves industrial safety at your stationary source(450-8.030(B)(7)):� Air Products is committed to the .cafe operation of our facilities and has implemented applicable requirements , outlined in the W, as we/1 as the CaI4RP regulation. The Human Factors program is implemented, and has helped the site maintain a safetv retord of no recordable or Lost Time Inittries since the last plan submittal. Likewise, there have been no events that resulted in offvite impact. "!'this Chapter has helped reirelorce the reseed Jo maintain and fallow a structured safetyproeram to help ensure the safety of our employees and the , communities ht which we operate 16. List examples of changes made at your stationary source due to implementation of the Industrial Safety Ordinance (e.g., recommendations from PHA's. Compliance Audits, and Incident imestigations in units not subject to CalARP regulations; recommendations from RCA's) that significantly decrease the severity or likelihood of accidental releases: .4ir Prochicts has developed and implemented a !human l,actory Program a.c 33 , 1 Title: — INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE REVIEW AND EVALUATION CONTRA COSTA Document No.: Date Effective: Page: B-3 of 25 ' HEALTH SERVICES HAZARDOUS MATERIALS PROGRAMS Policy Document Owner: Approved By: Revision No.: 1 required by the Industrial Safety Ordinance. Per the request of CCCHS the site clarified issues associated with ' the Management of Change by creating a site-specific Tier IV document. In addition. the Air Products Corporate Assurance Department formulated an internal audit template developed specifically to verify compliance to the elements of the CCC ISO program. I 17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in response to major chemical accidents or releases: There were no emergencv response activities to this site since the previous Annual Performance Review and Evaluation submittal. 1 �, 34 Title: INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE ' REVIEW AND EVALUATION C C) N T R_A COSTA Document No.: Date Effective: Page: B-4 of 25 HEALTH SERVICES HAZARDOUS MATERIALS PROGRAMS Policy Document Owner: Approved By: Revision No.: 1 Annual Performance Review and Evaluation Submittal June 13, 2008 ' *Attach additional pages as necessary 1. Name and address of Stationary Source: Air Products Shell Martinez Refinery, 110 Waterfront Road, Martinez, CA 94553 2. Contact name and telephone number(should CCHS have questions): Michael Cabral. (925)372-9302 3. Summarize the status of the Stationary Source's Safety Plan and Program(450-8.030(B)(2)(i)): The Stationary Source's Safety Plan is com fete per CCHS requirements and submitted to CCHS /or review. The Program has been implemented, as required. 4. Summarize Safety Plan updates(i.e.,brief explanation of update and corresponding date)(450-8.030(B)(2)(ii)): ' Date: 15 June 2007-updale: Section 7(Annual Accident Historv)and Section 8(Annual Performance Review and Evaluation Submittal; , Date:S Febnnany 2007- Updated information to the CCC ISO Plan as requested: Cover page 12/01/06, Rev 14;Sections 4.0-6.4;Section 9 Salty Plan Certification;RMP/CaIARP11SO Safety Plan Revision History 5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the source will provide individuals with copies of the document(450-8,030(B)(2)(ii)): CCHS Office,4333 Pacheco Boulevard, Martinez; Martinez Library(library closest to the stationary source);Air Products—See contact in #2, above. 6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450- 8,016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Section 450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance review report and the current annual performance review and evaluation submittal(12-month history): None 7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the status of implementation of recommendations formulated during the analysis(450-8.030(B)(2)(iv)): No events triggered this requirement since the previous Annual Performance Review and Evaluation submittal. 8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root Cause Analyses,or Incident Investigations conducted by the Department(450-8.030(B)(2)(v)): CCCHS completed a planned formal(3-year) CaIARP/1SO audit at the facility front January 22—February 7, 2007. Air Products provided a response to the CCCHS administrative draft ojhreliminary artdit report on May 9 2007. CCCHS indicated via Email on Mav 16. 2007, that the department agrees with the comments provided bi,APC/ to the Administrative Draft of Prehminary Audit Report. APC1 responded within 90 days in writing and provided proposed remedies and due dates to address the corrective actions identified in the preliminary 35 r Title: — INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE J REVIEW AND EVALUATION CONTRA C o S T A Document No.: Date Effective: Page: B-5 of 25 ' H EALTH SERVICES HAZARDOUS MATERIALS PROGRAMS Policy Document Owner: Approved By: Revision No.: 1 ' determination. 'The submittal date for the proposed remedies and proposed due dates was August 14, 2007.As ' agreed to by_CCHS all Action Items are on schedule to be completed by August 2009, 9. Summary of inherently safer systems implemented by the source including but not limited to inventory reduction(i.e.,intensification)and substitution(450-8.030(13)(2)(vi)): 1) Plant uses aqueous ammonia rather than anhydrous ammonia in its emission control system This he1 reduce the oft-site consequence ofan ammonia release. 2) Plant is designed without a liquid hvdrogen backup system. Tiuis reduces the inventory of hazardous chemicals on-site. ' 3) Plant switched from 99% monoethanolamine to 85% monoethanolamine in order to eliminate the need for insulation around the water treatment tanks. This reduces the potential for a fire. More recently the plant: 4)Added an automatic bypass around the V-119 level control valve, providing an additional laver olprotection against potential vessel overflow to compressor suction 5)RWIaced one of three steam drum differential pressure level transmitters with a guided Wave Rader type level transmitter, Providing an inherently more reliable level measurement and eliminating a simile point failure r mechanism. 6)Installed aa additional remilated power transformer and power panel to supply power to critical instruments eliminating a single point failure mechanism. ' 7)Added several active devices as additional lavers ofprotection for the prevention of'potential reformer furnace over- firing. 8)Redesigned and replaced all ten ofthe 24"give sspools on the PSA vessel blow-down outlets, eliminating pipe strain and crackingpolential due to severe cyclic pressure service. r10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned over to the Contra Costa County District Attorney's Office) taken with the Stationary Source pursuant to Section 450-8.028 of County Ordinance 98-48(450-8.030(13)(2)(vii)): None 11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)): No penalities have been assessed against any facility. ' 12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the ISO (450-8.030(B)(4)): CalARP Program fees for these eight facilities are - $524.244, the Risk Management Chapter of the Industrial Safety Ordinance fees are-S382,393. 13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer this Chapter (450-8.030(B)(5)): 4000 hours were used to audit/inspect and issue reports on the Risk Management Chapter of the Industrial Safety Ordinance. 14. Copies of any comments received by the source(that may not have been received by the Department) regarding Ile effectiveness of the local program that raise public safety issues(450-8.030(B)(6)): None r r 36 Title: INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE REVIEW AND EVALUATION CONTRA COSTA Document No.: Date Effective: Page: B-6 of 25 HEALTH SERVICES HAZARDOUS MATERIALS PROGRAMS Docum Policy ent Owner. Approved By: Revision No.: 1 15. Summarize how this Chapter improves industrial safety at your stationary source(450-8.030(B)(7)): Air Products is committed to the safe operation of our facilities and has implemented applicable requirements outlined in the 1SO, as well as the CaIARP reQulation. The Human Factors proQram is implemented, and has homed the site maintain a safety record ol'no recordable or Lost Thne Injuries since the last plan submittal. Likewise, there have been no events that resulted in offsite impact. This Chapter has helped reinforce the need to maintain and follow a strictured sakttvgrogram to help ensure the safety of our employees and the communities in which we operate. 16. List examples of changes made at your stationary source due to implementation of the Industrial Safety ' Ordinance (e.g., recommendations from PHA's, Compliance Audits, and Incident Investigations in units not subject to CalARP regulations; recommendations from RCA's) that significantly decrease the severity or likelihood of accidental releases: Air Products has developed and implemented a Human Factors Program as required by the Industrial Safety Ordinance. Per the request ofCCCHS, the site clarified issues associated with the Management of Change by creating a site-specific Tier IV document. In addition, the Air Products Corporate Assurance Department formulated an internal audit template developed specifically to verib compliance to the elements of the CCC ISO program. 17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in response to major chemical accidents or releases: There were no emergency response activities to this site since the previous Annual Performance Review and Evaluation submittal. 37 ' Title: — INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE REVIEW AND EVALUATION C (\I T R A COSTA Document No.: Dale Effective: Page: B-7 of 25 HEALTH SERVICES HAZARDOUS MATERIALS PROGRAMS Policy Document Owner: Approved By: Revision No.: 1 Annual Performance Review and Evaluation Submittal June 24, 2008 *Attach additional pages as necessary ' 1. Name and address of Stationary Source: ConocoPhillips Rodeo Refinery, 1380 San Pablo Avenue, Rodeo,CA 94572 2. Contact name and telephone number(should CCHS have questions): John Driscoll 510-2454466 ' 3. Summarize the status of the Stationary Source's Safety Plan and Program(450-8.030(13)(2)(i)): The Safety Plan was last revised in July 2006. ' 4. Summarize Safety Plan updates(i.e.,brief explanation of update and corresponding date)(450-8.030(B)(2)(ii )): ' The original Safety Plan for this facility was tiled with Contra Costa Health Services on Janu4U 14,2000. A revised plan was filed on April 7, 2000 with the updated recommendations requested by CCHS. A Human Factors Amendment was submitted on January 15, 2001. In coniunction with CCHSs required 2nd public meeting on our plan and audit findings, we submitted a complete revision of the plan to reflect the change in ownership of our facility and to update where needed. We took this opportunity to include Human Factors within the plan instead of having it as an amendment. On August 9, 2002 the plan was resubmitted. Public meetings for our plans were held on June 22, 2004 in Rodeo and July 8, 2004 in Crockett. As required the Plan was fully updated in August 2005 on the 3ey ar cycle. The Plan was reviewed by CCHS and was revised on July 28,2006 with recommended changes. The next update is scheduled for July 2009. ' 5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the source will provide individuals with copies of the document (450-8.030(13)(2)(ii)): CCHS Office, 4333 Pacheco Boulevard, Martinez; Rodeo Public Library; Crockett Public Library(libraries closest to the stationary ' source). 6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450- 8.016(E)(2) of County Ordinance 98-48 (450-8.030(13)(2)(iii)) (i.e., provide information identified in Section r, 450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance review report and the current annual performance review and evaluation submittal(12-month history):_ There have been no maior chemical accidents or releases durint the current reporting year. 7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the status of implementation of recommendations formulated during the analysis(450-8.030(B)(2)(iv)): All corrective action items except one have been completed for the 3-18-07 incident shown in the last report. This action item was reevaluated and a more appropriate course of action was determined which will Iextend the completion to the 3rd quarter 2008. 39 Title: INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE , '— REVIEW AND EVALUATION CONTRA COSTA Document No.: Date EtTective: Page: B-8 of 25 HEALTH SERVICES , HAZARDOUS MATERIALS PROGRAMS Policy Document Owner: Approved By: Revision No.: 8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root Cause Analyses,or Incident Investigations conducted by the Department(450-8.030(B)(2)(v)): Action items and target dates were submitted for the 2006 CaIARPASO audit as required by CCHS and are being actively resolved. 9. Summary of inherently safer systems implemented by the source including but not limited to inventory reduction(i.e., intensification) and substitution(450-8.030(13)(2)(vi)): See Attachment t ' 10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned ' over to the Contra Costa County District Attorney's Office) taken with the Stationary Source pursuant to Section 450-8.028 of County Ordinance 98-48 (450-8.030(13)(2)(vii)): None 11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)): No penalities have been assessed against any facility. 12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the , /SO (450-8.030(B)(4)): CalARP Program fees for these eight facilities are - S524,244, the Risk Management Chapter of the Industrial Safety Ordinance fees are-$382,393. 13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer this Chapter (450-8.030(B)(5)): 4000 hours were used to audit/inspect and issue reports on the Risk Management Chapter of the Industrial Safety Ordinance. 14. Copies of any comments received by the source(that may not have been received by the Department) regarding the effectiveness of the local program that raise public safety issues(450-8.030(B)(6)): No comments have been received. 15. Summarize how this Chapter improves industrial safety at your stationary source(450-8.030(B)(7)):_ ' In conjunction with the ConocoPhillips Corporate Health Safety Environment Management Systems the ISO is another tool in the continuation of improving health and safety performance 16. List examples of changes made at your stationary source due to implementation of the Industrial Safety Ordinance (e.g., recommendations from PHA's, Compliance Audits, and Incident Investigations in units not subject to CalARP regulations; recommendations from RCA's) that significantly decrease the severity or likelihood of accidental releases: Units not covered by RMP, CaIARP, and PSM are covered under the ISO and PHAs are scheduled and performed on all these units. A list of inherently safer systems as required by the ISO for PHA recommendations and new construction is attached. 17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in response to major chemical accidents or releases: None have occurred since the last report. 39 Title: INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE REVIEW AND EVALUATION Document No.: Date Effective: Page: C O N T IZ A COSTA B-9 of 25 HEALTH SERVICES HAZARDOUS MATERIALS PROGRAMS Polley Document Owner: Approved By: Revision No.: l July 2007-June 2008 ISS improvements ISS improvement ID category Type ISS Description The Inherent level of risk was implemented by removing SFE 06-150 Inherent PHA equipment and piping from the process The passive level of risk reduction was implemented by upgrading equipment with metallurgy that has increased SFE 07-141 Passive Project corrosion resistance The passive level of risk was implemented by removing SFE 07-119 Passive Project access for personnel to a hazardous situation The Inherent level of risk was implemented by removing w0 Inherent PHA equipment and piping from the process The passive level of risk reduction was implemented by upgrading piping with metallurgy that has increased ' SFE 06-111 Passive Project corrosion resistance The passive level of risk reduction was implemented by upgrading piping with metallurgy that has increased SFE 06-015 Passive Project corrosion resistance The passive level of risk reduction was implemented by upgrading piping with metallurgy that has increased ' SFE 06-138 Passive Project corrosion resistance The passive level of risk reduction was implemented by upgrading piping with metallurgy that has increased SFE 06-139 Passive Project corrosion resistance The passive level of risk reduction was implemented by upgrading piping with metallurgy that has increased SFE -6-140 Passive Project corrosion resistance The passive level of risk reduction was implemented by upgrading piping with metallurgy that has increased ' SFE 06-141 Passive Project corrosion resistance The passive level of risk reduction was implemented by moving equipment and personnel to an alternative location SFE 04-150 Passive Project thus removing the hazard and exposure 1The passive level of risk was implemented by removing w0 Passive PHA access for personnel to a hazardous situation The passive level of risk reduction was implemented by upgrading equipment with metallurgy that has increased M2008020-001 Passive Project corrosion resistance The passive level of risk reduction was implemented by upgrading piping and equipment with metallurgy that has M2008030-001 Passive Project increased corrosion resistance The passive level of risk reduction was implemented by upgrading equipment with metallurgy that has increased IM2008032-0011 Passive Projecti corrosion resistance 40 'title: INDUSTRIAL SAFET17 ORDINANcE,(ANNUAL PERFORMANCE REVIEW:AND EVALUATION CONTRA COSTA Document No.: Date Effective: Page: s-to of zs HEALTH SERVICES ' HAZARDOUS MATERIALS PROGR.AMIS Policv Document(hvner: Approved Bv: Revision No.: - 1 ' The Inherent level of risk was implemented by removing M2008044-001 Inherent Project piping from the process The passive level of risk reduction was implemented by upgrading equipment with metallurgy that has increased M2008111-001 Passive Project corrosion resistance The passive level of risk reduction was implernented by upgrading equipment with metallurgy that has increased M2008162-001 Passive Project corrosion resistance The passive level of risk reduction was implemented by upgrading equipment with metallurgy that has increased M2008214-0011 Passive Project corrosion resistance The passive level of risk reduction was implemented by ' upgrading equipment with metallurgy that has increased M2008229-001 Passive Project corrosion resistance The passive level of risk reduction was implemented by upgrading piping and equipment with metallurgy that has M2008241-001 Passive Project increased corrosion resistance The passive level of risk reduction was implemented by upgrading equipment with metallurgy that has increased M2008295-001 Passive Projectl corrosion resistance The passive level of risk reduction was implemented by upgrading equipment with metallurgy that has increased M2008369-001 Passive Project corrosion resistance The passive level of risk reduction was implemented by adding equipment to be operated remotely thus removing M2008096-001 Passive Project personnel from hazardous situations The Inherent level of risk was implemented by removing M2008098-001 Inherent Project equip ment and piping from the process The passive level of risk reduction was implemented by upgrading equipment with metallurgy that has increased M2008146-001 Passive Project corrosion resistance The passive level of risk reduction was implemented by upgrading piping and equipment with metallurgy that has M2008206-001 Passive Project increased corrosion resistance The inherent level of risk was implemented by using a less M2008256-001 Inherent Project hazardous chemical 41 Title: ' — INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE REVIEW AND EVALUATION CONTRA COSTA Document No.: Date Effective: Page: B-Il of 25 HEALTH SERVICES HAZARDOUS MATERIALS PROGRAMS Pol1ey Document Owner: Approved By: Revision No.: 1 Annual Performance Review and Evaluation Submittal June 30, 2008 *Attach additional pages as necessary 1. Name and address of Stationary Source: General Chemical Bay Point Works, 501 Nichols Road, Bay Point, California 94565 2. Contact name and telephone number(should CCHS have questions): Sid Olia,925458-7365 3. Summarize the status of the Stationary Source's Safety Plan and Program (450-8.030(13)(2)(i)): GCC-BPW ' Stationary Source's Safety Plan and Program are currently in place. The safety plan and program are under ongoing review and enhancement. The Safety Plan was last updated in September 2007. 4. Summarize Safety Plan updates (i.e., brief explanation of update and corresponding date) (450-8.030(B)(2)(ii)): Number of salaried, hourly and contract employees working at General Chemical during 2007 and the organizationa chart included in the Safety Plan were updated in September 2007. ' 5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the source will provide individuals with copies of the document(450-8.030(13)(2)(ii)): CCHS Office,4333 Pacheco Boulevard Martinez• Bay Point Libra (library closest to the stationary source). 6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450- 8.016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Section 450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance review report and the current annual performance review and evaluation submittal (12-month history): There has been no major chemical accidents and releases during the current reporting year. ' 7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the status of implementation of recommendations formulated during the analysis (450-8.030(13)(2)(iv)): There has been no root cause analysis performed during this period. ' 8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root Cause Analyses; or Incident Investigations conducted by the Department (450-8.030(13)(2)(v)): An audit was conducted in January 2008, resulting in 76 audit findings. General Chemical is currently in the process of reviewing and proposing an action plan for each audit finding. To date approximatley 20 recommendations have been completed and verified. 9. Summary of inherently safer systems implemented by the source including but not limited to inventory reduction (i.e., intensification) and substitution (450-8.030(B)(2)(vi)): Inherently Safer System (ISS) were implemented during the previous review period. Nitric Acid distillation unit was replaced to Teflon lined SS fromlasg s. Replaced CP scrubber from glass to Fluoropolymer. During drum filling, reduced employee exposure through closed dispense system. Reduced small batch production which lead to reduction of employee exposure. Hydrochoric acid exchanger was replaced from glass to Teflon lined steel. 10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned 1 over to the Contra Costa County District Attorney's Office) taken with the Stationary Source pursuant to Section 450-8.028 of County Ordinance 98-48 (450-8.030(B)(2)(vii)): None 42 Title: INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE �—— �- REVIEW AND EVALUATION C C) N T R A COSTA Document No.: Date Effective: Page: B-12 of 25 HEALTH SERVICES ' HAZARDOUS MATERIALS PROGRAMS Polley Document Owner: Approved By: Revision No.: 1 ' 11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)): None 12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the ' ISO(450-8.030(6)(4)): CCCHS reports, CaIARP Program fees for these eight facilities are-$524,244, the Risk Management Chapter of the Industrial Safety Ordinance fees are-$382,393. 13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer this Chapter(450-8.030(B)(5)): CCCHS report14000 hours were used to audit/inspect and issue reports on the Risk Management Chapter of the Industrial Safety Ordinance. 14. Copies of any comments received by the source(that may not have been received by the Department) regarding r the effectiveness of the local program that raise public safety issues(450-8.030(B)(6)):The facility has not received any comments(that may not have been received by the department) ' 15. Summarize how this Chapter improves industrial safety at your stationary source(450-8.030(B)(7)): It helps minimize the potential risks and exposure to the employees,the community and the environment 16. List examples of changes made at your stationary source due to implementation of the Industrial Safety Ordinance (e.g., recommendations from PHA's, Compliance Audits, and Incident Investigations in units not subject to CaIARP regulations; recommendations from RCA's) that significantly decrease the severity or likelihood of accidental releases:PHAs were conducted for processes and some are subject to CaIARP regulations. Many recommendations from the PHAs have been implemented 17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in response to major chemical accidents or releases: There has been no emergency response activities in , response to chemical accidents and or releases conducted at this site during this period. 43 Title: ' — INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE REVIEW AND EVALUATION C C) N T R A COSTA Document No.: Date Effective: Page: B-13 of 25 HEALTH SERVICES HAZARDOUS MATERIALS PROGRAMS Policy Document Owner: Approved By: Revision No.: . I Annual Performance Review and Evaluation Submittal ' June 30, 2008 *Attach additional pages as necessary ' 1. Name and address of Stationary Source: Shell Oil Products U.S. Martinez Refinery 3485 Pacheco Blvd.,Martinez,CA 94553 2. Contact name and telephone number(should CCHS have questions): Ken Axe; 925-313-5371 3. Summarize the status of the Stationary Source's Safety Plan and Program (450-8.030(B)(2)(i)): SMR's Safety ' Program is being implemented. An Unannounced Inspection was conducted by CCHS on June 19 and 20, 2008. Inherently Safer Systems analyses for existing processes are being conducted, and are expected to be complete for all processes at SMR by August 15, 2008. SMR's Safety Plan was last updated in September 2007,incorporating updates addressingfindings codings from the October(November 2006 ISO/CaIARP audit. 4. Summarize Safety Plan updates(i.e., brief explanation of update and corresponding date)(450-8.030(B)(2)(ii)): SMR's Safety Plan was last updated in September 2007, incorporating updates addressing findings from the t October/November 2006 ISO/CaIARP audit. There were no MCAR's in the current reporting period(from July 1,2007 to June 30,2008),and therefore no updates to the Accident History. I 5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the source will provide individuals with copies of the document (450-8.030(13)(2)(ii)): CCHS Office, 4333 Pacheco Boulevard,Martinez; Martinez Public Library(library closest to the stationary source). 6. Provide any;additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450- 8,016(E)(2)yof County Ordinance 98-48 (450-8.030(13)(2)(iii)) (i.e., provide information identified in Section ' 450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance review report and the current annual performance review and evaluation submittal(12-month history): There were no MCAR's in the current reporting period July 1, 2007 to June 30,2008), and therefore no updates to the Accident History. 7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the status of implementation of recommendations formulated during the analysis (450-8.030(13)(2)(iv)): There were no MCAR's in the current reporting period (from July 1, 2007 to June 30, 2008), and therefore no RCA's required. 8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root 1 Cause Analyses, or Incident Investigations conducted by the Department (450-8.030(13)(2)(v)): 76 of the 82 action items arising from the October/November 2006 ISO/CaIARP audit have been implemented. None of the remaining 6 action items are overdue. No action items are anticipated as a result of the Unannounced Inspection conducted by CCHS on June 19 and 20,2008. There have been no RCA's or Incident Investigations conducted by the Department. 9. Summary of inherently safer systems implemented by the source including but not limited to inventory Ireduction(i.e.,intensification)and substitution(450-8.030(B)(2)(vi)): See list in Attachment 1. 44 Title: INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE REVIEW AND EVALUATION C C) N T R A COSTA Document No.: Date Effective: Page: B-14 of 25 HEALTH SERVICES ' HAZARDOUS MATERIALS PROGRAMS Policy Document Owner: Approved By: Revision No.: 1 10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned over to the Contra Costa County District Attorney's Office) taken with the Stationary Source pursuant to Section 450-8.028 of County Ordinance 98-48(4 50-8.030(B)(2)(vii)): None 11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)): No t>enalities , have been assessed against any facility. 12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the /SO (450-8.030(B)(4)): CalARP Program fees for these eight facilities are - $524,244, the Risk Management Chapter of the Industrial Safety Ordinance fees are-$382,393. 13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer this Chapter (450-8.030(6)(5)): 4000 hours were used to audit/inspect and issue reports on the Risk Management Chapter of the Industrial Safety Ordinance. 14. Copies of any comments received by the source(that may not have been received by the Department)regarding ' the effectiveness of the local program that raise public safety issues(450-8.030(B)(6)): None received. 15. Summarize how this Chapter improves industrial safety at your stationary source (450-8.030(B)(7)): SMR has r integrated requirements of the Industrial Safes Ordinance into our Health, Safety, and Environment Management System: in the context of our HSE ISIS, the ISO requirements help drive continual improvement in our HSE performance. 16. List examples of changes made at your stationary source due to implementation of the Industrial Safety Ordinance (e.g., recommendations from PHA's, Compliance Audits, and Incident Investigations in units not subject to CalARP regulations; recommendations from RCA's) that significantly decrease the severity or likelihood of accidental releases: See list in Attachment 1. 17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in response to major chemical accidents or releases: There were no MCAR's in the current reporting period from July I,2007 to June 30,2008). 45 , Title: INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE REVIEW AND EVALUATION CONTRA COSTA Document No.: Date Effective: Page: B-15 of 25 ' HEALTH , SERVICE S HAZARDOUS MATERIALS PROGRAMS Policy Document Owner: Approved By: Revision No.: 1 Attachment I ISS Item Number ` 'ISS Type SolrcelStudy Description' , M20063127-001 Passive Project Upgraded metallurgy of heat exchanger tube bundle to resist corrosion. M20063614-001 Passive Project Upgraded metallurgy of furnace tubes to minimize corrosion. M20072672-001 Passive Project Replaced Reactor with new vessel incorporating upgraded metallurgy. ' M20072417-001 Inherent Project Eliminated gauge glass from transfer pump. �` m a Po d P i gPP6 E P i s i m �PrMl,, "35 & _ nmr, rn 9Y fr l� b 5• 3 ptP vq w� 1 •{ S n, @, 1G,o- u 1 � 2 � �rq��t�t� €:. a Rho-° ° F 'y sY a P@,y 5P @a�aP� i aYiW k t mo-.•' � , o- 3a a B t«i"` al'o- i ��� H,o- @ Pp. x§� s� t �filo-g @i5��'.�1?h��b��9 P 6 jai� Y2�$,$i(� i � � � �P ��.. �•' n' � dE a ,� i e 3 ip6xq SP g x 4 ai P M 1 tP 6 5eE h 1 Paw 6 b E t � M o � t Y 1 *� Q tv 74 � t E �%i F• ,x,42 � n�, tPage B-15 of 24 46 Title: INDUSTRIAL SAFETV ORDINANCE ANNUAL PERFORMANCE REVIEW AND EVALUATION CONTRA COSTA Document No.: Date Effective: Page: B-16 of 25 HEALTH SERVICES ' HAZARDOUS MATERIALS PROGRAMS Policy Document Owner: Approved By: Revision No.: 1 Annual Performance Review and Evaluation Submittal June 30, 2008 *Attach additional pages as necessary 1. Name and address of Stationary Source: , Tesoro Golden Eagle Refinery ' 150 Solano Way Martinez, CA 94553 2. Contact name and telephone number(should CCHS have questions): Alan Savage at (925) 335-3490 or Sabiha Gokeen at(925) 370-3620. ' 3. Summarize the status of the Stationary Source's Safety Plan and Program (450- 8.030(13)(2)(i)): An updated Safety Plan was submitted to Contra Costa Health Services on June 22, 2007. Contra Costa Health Services has completed four audits of the safety programs. The first audit was in September, 2000 ' on the safety programs. The second audit was in December, 2001 and focused on Inherently Safer Systems and Human Factors. An unannounced inspection occurred in March, 2003. A CaIARP/ISO audit was in August, 2003. The most recent CaIARP/ISO audit was in November-December,2005. All safety program elements required by the ISO have been developed and are being implemented. 4. Summarize Safety Plan updates (i.e., brief explanation of update and corresponding date) (450-8.030(B)(2)(ii)): The original Safety Plan for this facility was filed with Contra Costa Health Services on January 14, 2000. An amended plan, updated to reflect CCHS recommendations and ownership change, was filed on ' November 30, 2000. A Human Factors Amendment was submitted on January 15, 2001. A Power Disruption Plan was submitted, per Board of Supervisor request, on June 1, 2001. An amended Safety Plan, updated to reflect ownership change was submitted on June 17,2002. The Safety Plan for this facility will be updated whenever changes at the facility warrant an update or every ' three years from June 17, 2002. An updated Safety Plan will be submitted this year along with an updated RMP. In addition, the accident history along with other information is updated every year on June 30. Most recently, updated Safety Plan was submitted to Contra Costa Health Services on June 22,2007. 5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the source will provide individuals with copies of the document (450- 8.030(13)(2)(ii)). CCHS Office, 4333 Pacheco Boulevard, Martinez library 47 1 Title: INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE 1 REVIEW AND EVALUATION Document No,: Date Effective: Page: CONTRA COSTA B-17of25 HEALTH SERVICES HAZARDOUS MATERIALS PROGRAMS Policy Document Owner: Approved By: Revision No.: I 6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450-8.016(E)(2) of County Ordinance 98-48 (450-8.030(13)(2)(iii)) (i.e., provide information�identified in Section 450-8.016(E)(1) for all major chemical accidents or releases occurring between the last accident history report submittal (January 15) and the annual performance review and evaluation submittal (June 30)): ' There have been no accidents meeting the major chemical accident or release criteria during his reporting period. 7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the status of implementation of recommendations formulated during the analysis (450-8.030(13)(2)(iv)): Status of Root Cause Analysis Recommendations: 1 All investigation recommendations from root cause analyses submitted to CCHS are closed except as noted below. For the March 24, 2006 #211DS fire investigation, four recommendations remain open. One recommendation is a long-term updating of the P&IDs to include metallurgy on the P&IDs. Two of the recommendations are regarding development of gasket material standards and training personnel on these standards. The last open recommendation is regarding issuance of ' an expectation that maintenance personnel consult with ME&I prior to purchasing/replacing ring joint gaskets. For the October 26, 2005 power outage investigation, one recommendation remains open. This recommendation is to review procedures with operators on taking timely action when units are out of environmental compliance ' limits. For the October 14, 2004 naphtha pump fire investigation, one ' recommendation remains open. The open recommendation involves development of refinery-wide guidelines on pump startups. For the September 16, 2004 Spent Acid tank fire investigation, three recommendations remain open. The first is to review all gas blanketing regulators for chemical storage tanks in flammable service to verify that all their documentation is correct and maintenance tracked. The remaining two recommendations are involving operating procedures — revision of tank 1 operating procedures to include step on checking for positive pressure on the 48 Title: INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE _-00000tr REVIEW AND EVALUATION - CONT R A COSTA Document No.: Date Effective: Page: B-18 of 25 HEALTH SERVICES HAZARDOUS MATERIALS PROGRAMS Policy Document Owner: Approved By: Revision No.: 1 gas blanket system and developing an operating procedure for operating a single spent acid tank. For the February 20, 2004 power failure investigation, one recommendation remains open. This recommendation is to clearly establish parties responsible for load shedding procedure reviews. , 8. Summary of the status of implementation of recommendations formulated during audits, ' inspections, Root Cause Analyses, or Incident Investigations conducted by the Department (450-8.030(13)(2)(v)): "CCHS Information": CCHS completed an audit on September 15, 2000, December, 2001, Au usg_ t, 2003 and November/December, 2005. There are no RCA or Incident Investi ag tiolis that have been conducted by the Department._ Facility status of audit recommendations: , Two recommendations regarding maintenance training and procedures remain open from the 2003 CCHS audit. ' Eight (8) recommendations remain open from the 2005 CCHS audit. One recommendation is development of a system to track qualifications of ' operators cross-qualified in multiple jobs — this is on target for completion later this year. Two recommendations remain open on MOC that require site-wide training to close completely. Site MOC training will commence ' later this year after a comprehensive change to the MOC program per new corporate guidelines than have been recently developed. Two recommendations remain open on latent condition review and are on target ' for completion later this year. One recommendation on contractor qualification is on target for completion in the next few months. One , recommendation regarding updating all policies and procedures is nearly complete. One recommendation regarding maintenance procedures and training remains open. ' 9. Summary of inherently safer systems implemented by the source including but not limited to ' inventory reduction (i.e., intensification) and substitution (450-8.030(13)(2)(vi# 49 , Title: 1 — INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE REVIEW AND EVALUATION C CI ISI T �R.A COSTA Document No.: Date Effective: Page: B-19 of 25 HEALTH SERVICES HAZARDOUS MATERIALS PROGRAMS , Policy Document Owner: Approved By: Revision No.: I Golden Eagle is submitting a list of the Inherently Safer Systems (ISS) that meet the criteria for Inherent or Passive levels only and that were completed within the last year (see attached). 10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions `turned over to the Contra Costa County District Attorney's Office) taken with the Stationary Source pursuant to Section 450-8.028 of County Ordinance 98-48 (450- ' 8.030(B)(2)(vii)): "CCHS Information": none I I.Summarize total penalties assessed as a result of enforcement of this Chapter(450-8.030(3)): "CCHS Information": No penalties have been assessed against any facility. 12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the ISO (450-8.030(B)(4)): "`CCHS Information": CalARP program fees for these eight facilities are ' $524,244. The Risk Management Chapter of the Industrial Safety Ordinance fees are $382,393. 13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer this Chapter(450-8.030(B)(5)): "CCHS Information": 4000 hours were used to audit/inspect and issue reports on the Risk Management Chapter of the Industrial Safety Ordinance. 14. Copies of any comments received by the source (that may not have been received by the Department) regarding the effectiveness of the local program that raise public safety issues(450-8.030(B)(6)): This facility has not received any comments to date regarding the effectiveness of the local program. I� 50 Titre: INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE REVIEW AND EVALUATION C O N T R.A COSTA Document No.: Date Effective: Page: B-20 of 25 H EALTH SERVICES ' HAZARDOUS MATERIALS PROGRAMS Policy Document Owner: Approved By: Revision No.: t , 15. Summarize how this Chapter improves industrial safety at your stationary source (450- 8.030(B)(7)): Chapter 450-8 improves industrial safety by expanding the safety programs to , all units in the refinery. In addition, the timeframe is shorter to implement recommendations generated from the Process Hazard Analysis (PHA) safety program than state or federal law. This has resulted in a faster , implementation of these recommendations. Chapter 450-8 also includes requirements for inherently safer systems as part ' of implementing PHA recommendations and new construction. This facility has developed an aggressive approach to implementing inherently safer systems in these areas. ' Chapter 450-8 has requirements to perform root cause analvses on any major chemical accidents or releases (MCAR). This facility has applied that rigorous methodologi, to invewi adv MCARs that have occurred since danuarv. 1999. Chapter 450-8 requires a human factors program. This facility has developed a comprehensive human factors program and is in the process of ' implementing the program. 16. List examples of changes made at your stationary source due to implementation of the Industrial Safety Ordinance (e.g., recommendations from PHA's, Compliance Audits, and Incident Investigations in units not subject to CaIARP regulations; recommendations from , RCAs) that significantly decrease the severity or likelihood of accidental releases. This question was broadly answered under question 15 above. Some ' examples of changes that have been made due to implementation of the ordinance are as follows. There are some units that were not covered by ' RMP, CaIARP or PSM. Those units are now subject to the same safety programs as the units covered by RMP, CalARP and PSM. They have had PHAs performed on them according to the timeline specified in the ISO and the PHA recommendations have been resolved on the timeline specified in the ISO. A list of inherently safer systems as required by the ISO for PHA recommendations and new construction is attached to this filing as mentioned , in the response to question 9. With respect to Compliance Audits, there was a compliance audit performed in June, 2006 in addition to the CCHS audits mentioned above. All audiit findings are being actively resolved. Root Cause ' SI Title: INDUSTRIAL SAFETY ORDINANCE ANNUAL PERFORMANCE —_ REVIEW AND EVALUATION G' Document No.: Date Effective: Page: CON -GRA COSTA B-21 of 25 HEALTH SERVICES HAZARDOUS MATERIALS PROGRAMS Policy Document Owner: Approved By: Revision No.: I Analysis findings and recommendations for MCARs are listed in the response under question 6. 17. 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Marcus Rayon of R.F.D.; Steve Edgar of Dept. of Fish & Game; East Bay Regional Park District; Michael Kent, CCC Haz Mat Ombudsman; Art Botterell, CWS for OES; Randall Sawyer, CCC Haz Mat; Tony Simenza, CAER; Luz Gomez, District Coordinator for B.O.S John Gioia. Luz Gomez Introduction ' - Protocols when Haz Mat goes out needs to be reviewed. Prevention - Hold the company (Reaction Products) accountable USCG, Chief of Response Operations ' - Discuss„timeline of events Several ongoing investigations, but can't speak on it until the final outcome is achieved. Randall Sawyer, CCC Haz Mat - Explainl,the measurements of toluene that was present ' o 14 ppm in a ditch area o 1-2 ppm in a ditch that was closest to a house Explain l OSHA exposure limits are 100 ppm = The sirens were sounded from 2:06 pm—2:51 pm in a 1000 yards vicinity of spill Haz Mat will be working with Richmond Fire and the City of Richmond on communication efforts. - Haz Mast will review the notifications policy. Will review issues of secondary containment at Reaction Products. Investigate inventory that was being reported by Reaction Products. Steve Edgar"—Dept of Fish & Game - Explains Dept of Fish & Game role of being first responder for water events. - Violations existed at Reaction Products that are still being investigated. To date; 3 mallards and 400 fish have been killed; test results are pending. Art Botterell - Community Warning System, OES - Discussl the CWS and how it works. East Bay Regional Park District Explain,that they were informed that they are the landowners of the affected areas of marshland. Q & A's Q: What are the symptoms and side effects? 58 IIS Industrial Safety Ordinance Annual Report November 4, 2008 ' A: It is a solvent, it is toxic. The levels of exposure were 10-100 times less that OSHA standards. Symptoms would be headaches, feeling nauseated. Q: Does it affect the drinking water? ' A: No Q: What is the chemical? ' A: Toluene, a solvent similar to model airplane glue Q: Health effects? Rash? Respiratory? A: Check with your local doctor. Q: Was the creek behind Jenkins cleaned up? ' A: Channel under the railroad tracks is being assessed and cleaned up. Q: Are there any medical sites set up for health checks? ' A: The North Richmond Health Center. Q: Is there a criminal investigation? ' A: Yes, it is being investigated by the D.A. Q: Is it volatile? ' A: Yes it is very flammable, same as gasoline. Q: Why did the CWS not go off for 2-3 days until after the spill had occurred? ' A: No one was notified that the spill occurred until Monday morning. Comment: Concern about that and other companies doing business in that same area. Q: Where is the City of Richmond rep? A: There are violations against the company that are still under investigation. And ' one question to answer is why the tanks were marked empty? (Answered by BC Rayon, RFD; no City of Richmond rep available) Q: Is the owner of Reaction Products still operating his business? ' A: No answer Randall Sawyer explains the Business Plan program and Aboveground Tank reporting ' and inspections. Michael Kent explains that the City of Richmond is looking at future zoning of the Community. Q: Why didn't the siren go off throughout the City? A: It is only sounded in the areas that are in immediate danger of hazard. 59 Page C-2 of 3 Industrial Safety Ordinance Annual Report November 41 2008 Tony Simenza explains how the schools are trained and how they participate in the Community Warning System. Q: Is the transit system notified? A: No, that is a problem we are working on. Q: How do we know that when the siren sounds, it is not a test? A: When it is a test, it is short. When it is not a test, the sirens keep going and there are announcements on both radio and TV, along with phone calls to homes in immediate areas of danger. ' Q: Is it legal to store chemicals and how much? A: Yes it is legal and you would need to check with the City of Richmond on the business zoning. iQ: What are the long-term effects? A: There are no long-term effects, only short-term effects. tQ: Where is the City of Richmond? A: The phone number was posted? Q: How long to clean up? A: DTSC (Dept of Toxic Substance Control) will follow up. Q: Did chemical enter backyard(house backs up to facility) A: Went into canal, under railroad tracks, out to Bay Eil ;A �1 7-4 vM yaT E r ' ,.e '..4isn'� P , 6131 CONTRA COSTA COUNTY HAZMAT n II' v. SIGG `�.R.Ii pA NIA 6o -1 1 1 1