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HomeMy WebLinkAboutMINUTES - 10282008 - C.96 Contra TO: BOARD OF SUPERVISORS `• AWN, Costa FROM: INTERNAL OPERATIONS COMMITTEE." == ��~ County DATE: OCTOBER 13, 2008 SUBJECT: REVIEW OF HAZARDOUS MATERIALS PROGRAM MISSION AND OPERATIONS.. .. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. ACCEPT report on the mission and operations of the Health Services Department Hazardous Materials Program. 2. DIRECT the Hazardous Materials Ombudsman to maintain contact with environmental regulatory agencies regarding local Supplemental Environmental Project needs. 3. DIRECT the Health Services Department to make a progress report to the Internal Operations Committee in June 2009 regarding efforts to establish full accountability of inspectors for achieving compliance for their assigned facilities, including a time line and clear goals and performance objectives. BACKGROUND In January 2008,the Board of Supervisors referred to the Internal Operations Committee a review of Health Services Department, Hazardous Materials (HazMat)Program in order to gain a better CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMIMSTRA 0RR COMMEND I OF BOARD COMMITTM PROVE OTHER SIGIIIATURE(S): SUSAN A.BONILLA,CHAI GAYL B.UILKEMA ACTION OF BOARD ON .T R ff, ',`0045` APPROVE AS RECOMMENDED OX VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED UNANIMOUS(ABSENT ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN AYES: NOES: ATTESTED: OCTOBER 28,2008 ABSENT: ABSTAIN: DAVID J A,CLERK OF THE BOARD OF SUPE RS AND C Y ISTRATOR CONTACT: JULIE ENEA(925)335-1077 B UTY CC: INTERNAL OPERATIONS COMMITTEE STAFF WILLIAM WALKER,M.D.,HEALTH SERVICES DIRECTOR RANDY SAWYER,HAZARDOUS MATERIALS PROGRAM MANAGER COUNTY ADMINISTRATOR-DOROTHY SANSOE Hazardous Materials Program Mission and Operations October 13,2008 Internal Operations Committee Page 2 understanding of the Program's mission and operations. On July 7,2008,the Health Services Department provided the attached report to the IOC on the myriad County hazardous materials programs and associated regulatory responsibilities. Supplementing the report was a summary and evaluation of Hazardous Materials Ombudsman activities from November 2006 to the present. The IOC requested the Department to provide the attached follow-up report on enforcement procedures, the unannounced inspection program, and the identification of Supplemental Environmental Projects (SEPs). The HazMat Program regulates and monitors multiple hazardous materials sources through an array of subprograms described in the attached report. Our Committee focused on enforcement activities that ensure regulatory compliance. The report cites that the program is in compliance with 89%of its inspection requirements. We would like to see improvement in program compliance and it seems clear that the way to improve compliance is with follow-up inspections,thorough documentation, and application of penalties for non-compliance. The Department has initiated measures to establish full accountability among inspectors for achieving program compliance for assigned inspections. These measures include staff training and development,the recent hiring of a Enforcement Coordinator to help expedite administrative enforcement orders to achieve compliance, and expanding the scope of unannounced inspections to measure overall compliance(not just compliance with best Safe Work practices). We have requested the Department to establish a time line with clear goals and performance objectives for achieving full accountability, and to make a progress report to our Committee in June 2009 regarding these efforts. Our Committee also focused on the identification of SEPs and their possible funding. A SEP (supplemental environmental project) is an environmentally beneficial project that a violator voluntarily agrees to perform as part of a settlement of an enforcement action. In return,the enforcement agency agrees to reduce the monetary penalty that would otherwise apply as a result of the violation(s). The Health Services Director sent letters to several California environmental regulatory agencies to inquire if there is opportunity for local input into their processes for selecting SEPs. The Department learned from the respondents that no such opportunity exists because the details of all open investigations and case resolutions, in which SEP funds are awarded, are confidential. Although the case negotiations and resolutions are confidential,the County can continue to make the effort to communicate local needs to these agencies in the event that SEPs are being considered in any particular case. To that end,we have asked the County's Hazardous Materials Ombudsman to maintain periodic contact with these agencies to remind them of County SEP needs. Hazardous Materials Programs Follow-up Report to the Internal Operations Committee October 13, 2008 Hazardous Materials Programs staff prepared and presented a report on the programs that are administered by the Hazardous Materials Programs to the Internal Operations Committee on July 7, 2008. The Internal Operations Committee requested that the staff return to present additional information on the Hazardous Materials Programs Enforcement Process, the Unannounced Inspection Program, and the identification of Supplemental Environmental Projects. This report will address these issues. Hazardous Materials Programs Enforcement Process The Hazardous Materials Programs is the Certified Unified Program Agency for Contra Costa County, which includes the following programs: • Hazardous Materials Release Response Plans and Inventories (Business Plans) Program • Hazardous Waste Generator Program • Underground Storage Tank Program • Aboveground Petroleum Storage Act Program • California Accidental Release Prevention Program • California Uniform Fire Code: Hazardous Material Management Plans and Hazardous Material Inventory Statements As the Certified Unified Program Agency, the following methods of enforcement are available: • Inspecting the regulated businesses for compliance • Citing any violations during the inspection with expected date of correction • Follow-up inspections to ensure compliance • Taking formal enforcement for any violations that are willful, intentional, negligent, knowing or should have known; include false documents, violations that pose a significant threat of harm to the environment or human life. Formal enforcement may be taken for chronic violations and recalcitrant violations. Formal enforcement methods have included the following: • Administrative Enforcement Orders • Referral to the District Attorney's Office • Participation in state-wide prosecutions Enforcement for programs that are not part of the unified programs is the same, except the Administrative Enforcement Orders are not an available tool. Regulated Businesses Inspections/Audits The different unified programs have varied inspection frequencies requirements, which are as follows. Internal Operations Committee Report October 13, 2008 • Business Plan Program businesses are required to be inspected at least once every three years • Hazardous Waste Generator Program businesses, in general, have no specified frequency mandated but it is Hazardous Materials Programs policy that these businesses are inspected at least once every three years • Underground Storage Tank Program businesses are required to be inspected annually • California Accidental Release Prevention Programs are required to be audited or inspected at least once every three years • Aboveground Petroleum Storage Act Program businesses are required to be inspected at least once every three years • California Uniform Fire Code: Hazardous Material Management Plans and Hazardous Material Inventory Statements businesses are inspected as part of the Business Plan inspections • Industrial Safety Ordinance businesses are required to be inspected or audited at least once every three years There are 2466 businesses that fall in one or more of the unified programs. Last fiscal year 3407 program and 2153 business inspections were performed. Some businesses have multiple programs, such as a gasoline station could be in three separate programs; Business Plan, Hazardous Waste Generator, and Underground Storage Tank programs. Also multiple inspections can occur at any particular businesses, mostly depending on the number of follow-up inspections that are necessary. The Hazardous Materials Programs is in compliance with 89%of our inspection requirements. Areas that we need improving in our inspection programs are consistency among Hazardous Materials Specialists, following up on violations, and documenting violations for any formal enforcement actions. The actions that are being taken to improve the consistency are developing training starting with basic inspections through the more advance training for each program and working with the team leaders on an inspection quality control process. A recently retired Hazardous Materials Specialist is working with.us to develop the trainings. The businesses that are coming up soon for inspections are provided in a list and the Hazardous Materials Specialists inspect the businesses on this list. This works well for the initial inspections, but this system does not ensure adequate follow up with these inspections. According to our database, eighty-nine percent of the businesses are in compliance with the regulations. Businesses may be indicated, "out of compliance" because of data entry issues, incomplete inspection follow up, or the businesses may be in some stage of formal enforcement. The Assistant Director and Director are working with the team leaders on developing a means to assign facilities to inspectors. This will then be a means for developing a system where an inspector will be more accountabile for a business being in compliance. Page 2 of 7 Internal Operations Committee Report October 13, 2008 Formal Enforcement There are three means to perform formal enforcement: participate in statewide enforcement, refer cases to the District Attorney for civil or criminal enforcement, and issuing Administrative Enforcement Orders. Statewide enforcement has occurred against 7/11, Home Depot, Target, Wa1Mart, and AT&T to name a few businesses. When there is a statewide enforcement against a company that does business in Contra Costa County, Hazardous Materials Specialists will review our inspection records to find out if these businesses are in compliance or they will perform an inspection of the businesses to determine compliance. We, along with the Contra Costa County District Attorney's Office, have been very much involved with a couple of statewide enforcement cases. One of the cases involving Golden Gate Petroleum is now being prosecuted by the State Attorney General's office. Until recently, most of the formal enforcement actions that were performed in the County were through the District Attorney's Office. This has been effective, although the limited resources of the District Attorney's Environmental Crimes unit prevent them from taking many cases. The Certified Unified Program Agencies are now able to perform Administrative Enforcement Orders for clear, well-documented violations. Statewide guidance was issued in 2003 on performing Administrative Enforcement. This guidance was revised in 2007 to help streamline the process. The Hazardous Materials Programs started issuing Administrative Enforcement Orders in 2005 and 33 Administrative Enforcement Orders have been issued. This has been effective in brining some of the more egregious businesses into compliance but the process has been cumbersome. Many of the enforcements are still outstanding and need followed up. This summer we appointed one of the staff as an Enforcement Coordinator. He is working to develop an improved process for performing enforcement. The end product will be enforcement procedures that are more efficient and less cumbersome for Hazardous Materials Specialists to use. The Administrative Enforcement Order process allows for Supplemental Environmental Projects. Supplemental Environmental Projects will be included as part of the Administrative Enforcement Order process when the implementation of the enforcement orders have been streamlined and is well understood by staff. Unannounced Inspection Program The Board of Supervisors approved the Hazardous Materials Inspection Program on June 20, 2000. The program pertains to the facilities that are covered by the California Accidental Release Prevention Program and are determined to be a Program 3 regulated source under the federal Risk Management Program. A Program 3 regulated source are facilities that fall under specified North American Industrial Code Specifications and/or are regulated under OSHA's Process Safety Management regulations. Page 3 of 7 Internal Operations Committee Report October 13, 2008 Regulated Sources Twenty-one regulated sources, which are listed below, fall in the Unannounced Inspection Program. Air Products Shell ConocoPhillips Rodeo Refinery Praxair Distribution Air Products Tesoro Dreisbach Enterprises Randall Bold Water Antioch Water Treatment Plant Treatment Plant General Chemical Bay Point Works Shell Chemical Calpine Delta Energy Center General Chemical Shell Oil Products Calpine Pittsburg Power Richmond Works Martinez Refinery Plant HASA Inc. Tesoro Golden Eagle Chevron Richmond Refinery Refinery Pittsburg Water Treatment Plant USS POSCO Inspection Process The Unannounced Inspections are done with one or more Accidental Release Prevention Programs Engineers and one or more Hazardous Materials Specialists. When an unannounced inspection is performed, the lead will call thirty minutes prior to arriving onsite the regulated source that will be inspected letting the regulated source personnel know that we will be there and to have the appropriate personnel available to assist us during the inspection. The Hazardous Materials Specialists will inspect the regulated source for compliance with the Business Plan, Hazardous Waste Generator, and Underground Storage Tank Programs. The Accidental Release Prevention Programs Engineer will perform a focused audit looking at issues that are considered a priority by the Accidental Release Prevention Programs Engineer for the regulated source where the unannounced inspection is being performed. This can include any of the twelve prevention elements' listed that are part of the California Accidental Release Prevention Program 3 regulated source, the emergency response plan, safe work practices2, or following up action items from the previous audit. ' The prevention elements are: Process Safety Information,Process Hazard Analysis,Operating Procedures,Training,Mechanical Integrity,Management of Change,Pre-startup Safety Reviews,Incident Investigation,Contractor,Hot Work Permits,Compliance Audits,Employee Participation 2 Safe work practices that are regulated include Hot Work Permits(work that is being performed where an ignition source will be introduced),Confined Space(work being performed in a vessel or space where egress may be hampered),Lock out Tag Out(work to ensure that equipment is safe for maintenance from energy sources),and Line Opening(ensuring that the piping and equipment is drained and cleaned prior to maintenance work). Page 4of7 Internal Operations Committee Report October 13, 2008 One or two unannounced inspections are completed each month. The schedule is dependent on the availability of the Accidental Release Prevention Programs Engineers. Effectiveness When audits and inspections are announced prior to the inspection or audit, the regulated source has the ability to ensure that their site is meeting the requirements. If the inspection is unannounced, the regulated source does not have the opportunity to make last minute changes to come into compliance. The advantage of announcing an inspection is that the business will often make an immediate concerted effort to comply with the regulations. The advantage of the unannounced inspection is that they provide compliance information on a day-to-day basis. The combination of scheduled and unannounced inspections requires regulated sources to be diligent at all times. We found that regulated sources that are typically in compliance with the regulations will be in compliance for unannounced inspections as well as scheduled inspections. The Unannounced Inspection Program helps to ensure overall compliance with the regulations for responsible companies. If a regulated source is going to be out of compliance, an unannounced inspection will find the non-compliance sooner and the violations can be corrected quicker thanwaiting for a regularly scheduled inspection. The staff is continuing to determine the best means to perform unannounced inspections, including what will be inspected. Originally we concentrated on looking at Safe Work practices that may be occurring at a regulated source. This was productive if some Safe Work was being performed at the time of the inspection. However, if there was no Safe Work being done at the time of the inspection, the productivity of the inspection was greatly reduced. The inspections are now ensuring that overall compliance is being met at these facilities, including addressing items from the last California Accidental Release Prevention Program audit. The unannounced inspection has also been used as an effective compliance tool when there was a heightened concern about a regulated source; for example when the regulated source's last audit was poor and more scrutiny was needed, when the facility was going through major construction work, or when there has been a significant change in staffing or management. Update On The Availability Of Supplemental Environmental Project Funding On December 4, 2007 the Board of Supervisors received the annual report on the Industrial Safety Ordinance from the Hazardous Materials Programs. The Board requested the Hazardous Materials Ombudsman to report to the Board on the potential availability of Supplemental Environmental Projects (SEPs) that would benefit the community from money collected in lieu of fines that would be levied by agencies because of environmental violations. Page 5 of 7 Internal Operations Committee Report October 13, 2008 In response to this request the Hazardous Materials Ombudsman drafted a letter (attached) that was sent by the Health Services Department Director to the following agencies requesting information about their SEP programs, specifically if there is opportunity for local input into the process of selecting SEP projects: • Bay Area Air Quality Management District • California Department of Toxic Substances Control • California Air Resources Board • San Francisco Bay Regional Water Quality Control Board • Central Valley Regional Water Quality Control Board • - United States Environmental Protection Agency The Health Services received responses from three agencies: • California Air Resource Board(CARB) • California Department of Toxic Substances (DTSC) • Central Valley Regional Water Quality Control Board (RWQCB) All three agencies have SEP programs. All three agencies have issued penalties against Contra Costa County businesses in the last three years. Two of the agencies included a SEP project in one of their penalties, and the third agency said they do not usually include local SEP projects as part of their penalties because of the statewide nature of their violations. All three agencies said that because SEPs are developed as part of confidential enforcement actions there is no opportunity for local input into including SEPs as part of a penalty. Below is a summary of their responses. California Air Resources Board In most cases, penalties are deposited into a state fund. In certain cases a portion of the penalty can be used to support a SEP, which must be reasonably related to the original violation.in terms of the specific pollutants emitted and /or the community in which the violation occurred. Most of CARB's SEPs tend to provide a broad environmental benefit rather than local mitigation. In the last three years they have levied approximately $550,000 in penalties against Contra Costa County businesses, most notably a $425,000 fine against Tesoro in 2006. These were for the non-compliance of fuel composition for fuel sold throughout California. In the last three years CARB has not funded any specific SEP projects, because of the statewide nature of their program. While there is no specific process in place by which local jurisdictions may request SEP funding, neither is there anything precluding such a request. However, because the details of all open investigations and case resolutions are confidential, there is not an opportunity for local entity or public input in the development of a SEP. Page 6 of 7 Internal Operations Committee Report October 13, 2008 DTSC When negotiating a settlement, DTSC cannot mandate that a violator undertake a SEP. If the alleged violator proposes activities it wishes to include.as SEPs in the settlement, DTSC will then review the proposed activities against Cal/EPA's guidelines to determine if the proposal is appropriate given the violations in the particular case. Historically, discussions regarding SEP proposals have been under the auspices of enforcement confidentiality, thus not allowing for local community/public input. DTSC is currently considering a range of options for changing how SEP concepts are dealt with and.how community needs might be better addressed in the settlement process. DTSC has had approximately 4 settlements against companies in Contra Costa County for approximately $864,000 since July 1, 2004. One settlement against Republic Services in 2007 provided a $50,000 SEP to the Watershed Project for watershed protection and restoration in Richmond. Central Valley RWQCB The Central Valley RWQCB can, in lieu of assessing penalties, direct a portion of a .penalty for a SEP, with the concurrence of the discharger. These projects are usually in the same geographic area that the violation occurred. Since 2005, they have issued three penalties against businesses in Contra Costa County for approximately $200,000. One of these penalties provided $50,000 for a wetland enhancement project. There is no formal process to allow local jurisdictions to request that a portion.of the penalties be used for SEPs. Typically, the discussions for settling an enforcement action are confidential and not open to public input. Other Supplemental Environmental Project Activity The Hazardous Materials Ombudsman has continued to make efforts to bring penalty and settlement money to Contra Costa County projects. He played an integral role in securing a$90,000 grant for the Public Health Division through the San Francisco Foundation that was created by a settlement of lawsuit against a local industry. Informally through a contact at the Federal EPA, he found out about a proposed $200,000 SEP as part of a settlement against the Valero refinery in Benicia for which the General Services Department has applied, and which is still pending. Finally, he encouraged the Hazardous Materials Programs Director to propose that SEPs be considered for Administrative Enforcement Orders, which is discussed in another section of this report. Page 7 of 7 OFFICE OF THE DiREC7oR BOARD OF SUPERVISORS WILLIAM$.wf.LKER.M.D. low Grow,lss DmxtcT DwEcrox&Heaurr OrrrcEit . �+ GAru:B.UOxiew,2rro Drsrmcr Mm H.PiRno,3n Dwrocr SD Douglas Drive,Suite 310-A Martinez,CaWomia C C) jet T R-A COSTA surae,a Bowua am Drsnucr 94553-4043 p 7 ^7� u SERVICES � T { Feoaua.D.Giovaq STH Drsrercr Pig(925)957-5403 HEAL 1 1 1 J E R V ICE'J CO1�3,Nw ADmiNsTRAToR Fax(925)957-5409 JOHN O"r" January 7, 2008 Jack Broadbent Air Pollution Control Officer Bay ArealAir Quality Management District 939 Ellis Street: San Francisco, CA 94109 f Dear Mr. Br ent: I am writing on behalf of the Contra Costa County Board of Supervisors. They have expressed an interest in understanding more about your agency's policy concerning the use of fine money to fund local community benefit programs. They understand that some agencies allow portions.of fines they levy to be spent in the communities where the violations occur for projects that reduce the type of pollution for which the fines were levied,or to otherwise benefit the local community. To help them better understand your agency's policies and programs in this regard, would you please respond to the following questions: 1) Does your agency have a written policy regarding the use of fine money to fund local projects to benefit the communities where the violations occurred?If so,please provide a copy of that policy. 2) In the last three years,how may fines did your agency levy for violations that occurred in Contra Costa County?What were the dollar amount of those fines and the businesses against which those fines were levied? 3) In t1.te last three years,how many community benefit projects using fine money has your agency funded? What percentage of the total fines your agency assessed went toward community benefit projects?Were any of projects in Contra Costa County? If so,'for each please describe the amount of the fines, the amount of money that went toward community benefit projects, and a brief description of the projects. 4) Do you have a process for allowing local jurisdictions to request that a portion of the fines for violations that occur within their jurisdiction be used for local community benefit projects? S) What is your process for selecting specific projects to be funded with fine money designated for community benefit projects? Is there an opportunity for local jurisdictions to provide input into this . process?Is there an opportunity for the public to provide input.into this process? -`'F •Contra Costa Alcohol and Other Drugs Services • Contra Costa Emergency Medical Services • Contra Costa Environmental Health • Contra Costa Health Plan *Contra Costa Hazardous Materials Programs•Contra Costa Mental Health• Contra Costa Public Health • Contra Costa Regional Medical Center• Contra Costa Health Centers Jack Broadbent Air Pollution Conta of Officer Bay Area Air Quality Mawigement District January 7, 2008 Page 2 4) Do you have a process for allowing local jurisdictions to request that a portion of the fines for violations that occur within their jurisdiction be used for local community benefit projects? 5) What is your process for selecting specific projects to be funded with fine money designated for community benefit projects?Is there an opportunity f6r local jurisdictions to provide input into this process? Is there an opportunity for the public to provide input into this process? Thank you very much for responding to these questions. If you need any'further clarification as to what is being requested,please contact Michael Kent at(925) 313-6587. 1 also realize it may take some time to compile this information, and I appreciate your effort. Would you please provide me with an estimation of how long it will take to compile this information? Sincerely, William Walker, Director and a� Ith Officer Contra Costa ealth Services Go: Contra Costa County Board of Supervisors Contra Costa Health Services Hazardous Materials Programs Contra Costa Health Services Hazardous Materials Programs administers many hazardous material programs and has a countywide hazardous material response team. The programs require businesses that handle hazardous materials to report their hazardous material inventories, the hazardous waste that the business generates, managing the storage of these materials, regulating underground storage tanks and petroleum products in above ground storage, and have a prevention program to prevent the accidental release of the more toxic and flammable materials. The Hazardous Materials Programs also administer the County's Industrial Safety Ordinance, the Green Business Program, and contracts with Public Works to inspect industrial facilities in the unincorporated areas of the County to determine that the sites have a good storm water management program. The Hazardous Materials Programs is the primary hazardous material response team in the County. Health. Services has been administrating state hazardous material programs and a hazardous material response team in Contra Costa County since the mid 1980's. State law passed in 1994 required that the programs that the Hazardous Materials Programs were already administering to be combined under one authority, which is called the Unified Program Agency. Agencies that were already administering some or all of the programs were required to apply for certification from Cal/EPA for their jurisdiction to continue to be able to administer these hazardous material programs. The Hazardous Materials Programs applied and became the Certified Unified Program Agency for all of Contra Costa County in December 1995. The Hazardous Materials Response Team is the only independent health based hazardous material response team in the State. The team works closely with the other two hazardous material teams in the County, which are located in the Richmond Fire Department and San Ramon Valley Fire Protection District. Certified Unified Program Agency (COPA) Contra. Costa Health Services Hazardous Materials Programs is the Certified Unified Program Agency for Contra Costa County. The Certified Unified Programs includes: • Hazardous Materials Release Response Plans and Inventories (Business Plans) • Hazardous Waste Generator Program • Underground Storage Tank Program • Above Ground Petroleum Storage Program • California Accidental Release Prevention Program • California Uniform Fire Code: Hazardous Material Management Plans and Hazardous Material Inventory Statements Contra Costa County has been administering all of these programs since the mid 1980's, except the Above Ground Petroleum Storage Program and the California Accidental Release Prevention Program. The California Accidental Release Prevention Program replaced another State program called the Risk Management and Prevention Program, which the Hazardous Materials Programs administered between 1988 and 1997, when the California Accidental Release Prevention Program became effective. The Above Ground Petroleum Storage Program inspection requirements were transferred from the Regional Water Quality Control Boards to the local CUPA's beginning on January 1, 2008. Hazardous Materials Business Plan Program The Hazardous Materials Business Plan Program expands on the requirements of the US EPA's Emergency Planning and Community Right-to-Know Act (EPRCA). This program requires businesses that handle hazardous materials to report the hazardous material inventories, to have an emergency response plan for hazardous materials releases, and to train their employees on this plan. The inventories, along with the site plans that contain the location of where the hazardous materials are handled, are provided to fire agencies. This allows these agencies to be aware that hazardous materials may be involved in fires when the fire agency is responding to a fire at a business that handles hazardous materials. All of this information, except trade secret information, is available to the public. Approximately 2,200 business sites are in this program. The hazardous materials include everything from gases such as helium, liquids like gasoline, and solids such as vanadium pento�:ide. Some of the chemicals can be highly toxic or flammable to cryogenic compressed gases, solvents, and the carbon dioxide that is use to carbonate soft drinks. The Hazardous Materials Programs inspect these facilities at least once every three years to ensure that the inventories the businesses are reporting are correct, that the businesses have an emergency response plan that is in use, and that they train their employees on the emergency response plans. Hazardous Waste Generators Businesses that generate hazardous waste are required to handle and dispose of their wastes properly. This program has many different aspects to it. The businesses may be treating, storing, or disposing of the waste. The facilities that treat hazardous wastes may be specified as a Full Permit, Interim Permit, Permit by Rule, Conditional Authorization, or Conditionally Exempt Treatment facilities. The Hazardous Materials Programs regulate all the different type of facilities, except the Full and Interim Permit facilities. The Department of Toxic Substance Control oversees the permitted portions of these facilities. The Hazardous Materials Programs regulate all other areas of the facility that generates hazardous wastes that is not permitted by the Department of Toxic Substances Control. Approximately 1,800 business sites are in this program. The Hazardous Materials Programs inspect these businesses at least once every three years to ensure that the wastes are being stored and labeled properly, and being disposed of properly and in a timely manner. Underground Storage Tanks The Hazardous Materials Programs regulate hazardous materials that are stored in tanks that are below grade. Leaking underground storage tanks have done environmental damage, including drinking water and ground contamination. The requirements for operating and inspecting underground storage tanks have changed greatly in the last ten years. Many of the tanks are now double walled with monitoring between the walls, with requirements for spill containment under the pumps and underground piping being double walled. These requirements have reduced the frequency of underground storage tanks leaking into the environment. The Underground Storage Tank Program requires training of personnel that operate these tanks and that the owner has a "Designated Operator" which inspects monthly to ensure that the tanks are being operated properly. The Underground Storage Tank Inspectors are required to be certified by passing a test and perform 16 hours of training every two years. All of the Division's Hazardous Materials Specialists are certified, except three recently hired specialists. The business sites are required to get operating permits from the Hazardous Materials Programs. The Hazardous Materials Programs personnel review installation and removal drawings, are present when the monitoring systems are certified, and inspect the sites for overall compliance with the regulations at least annually. There are approximately 400 business sites that have underground storage tanks and 1,100 underground storage tanks in the County. Above Ground Storage Tanks A large spill of petroleum oil was released from the Shell Martinez petroleum refinery in the late 1980s. The release damaged the marsh that is east of 1-680 in Martinez, prompting the State Legislature to require regulation of storage tanks containing petroleum products. The main purpose of the regulations is to ensure that the storage tanks are constructed of the proper.materials of construction, maintained properly, have secondary containment in case the primary containment is compromised, and a plan to respond in case of failure of the primary containment. The Regional Water Quality Control Boards were required to inspect the business sites that had above ground storage of petroleum products over an aggregate amount of 1,320 gallons. When the Hazardous Materials Programs became the Certified Unified Program Agency in 1996, the Hazardous Materials Programs became responsible for ensuring that the businesses that had storage of 1,320 gallons or greater had a Spill Prevention Containment and Countermeasures Plan, which is required by the U.S Environmental Protection Agency, in place. The inspections of these businesses were still the responsibility of the Regional Water Quality Boards. The State Legislature transferred the responsibility of inspecting above ground storage of petroleum from the Regional Water Quality Boards to the Certified Unified Program Agencies effective on January 1, 2008. The Hazardous Materials Programs are responsible for inspecting the business sites that have.10,000 gallons or greater above ground storage of petroleum products at least once every three years. The Hazardous Materials Programs also regulate the storage of business sites that store between 1,320 and 10,000 gallons of petroleum products and are required to inspect a representative sample of these businesses every year. There is no mandated frequency for the inspection of these businesses that handle between 1,320 and 10,000 gallons petroleum products. The Hazardous Materials Programs is now developing the implementation of this progrzan, including the policies, the fee accountability for the program, training, and inspection protocol. The legislation stated that fees could not be charged against the businesses that fall into this program, until January 1, 2010. A trust fund, from past collected Water Board fees, was distributed to the local CUPAs to set up their programs. The money available will be enough to establish Contra Costa County's Above Ground Petroleum Storage program and train the Hazardous Material Specialists to inspect these facilities. California Accidental Release Prevention (CaIARP) Program The CaIARP Program expands on the requirements of the U.S. Environmental Protection Agency's Accidental Release Prevention Program and is very similar to the U. S. Occupational Safety and Health Administration and Cal/OSHA's Process Safety Management Programs. The CaIARP Program regulates facilities with specified chemicals or if the chemical or chemical mixtures are flammable and the chemicals are above a threshold quantity in a process. These businesses are required to perform Hazard Analyses for those chemicals, have a prevention program in place, and have an Emergency Response Plan to respond to an accidental release of these chemicals. The Hazard Analyses looks at "Worst-Case" and "Alternative Release" scenarios and the impact of such releases. The businesses could be in one of three different program levels with different requirements for each level. Program Level 2 and 3 are required to have an accident prevention program in place with specified elements for the program. The businesses are required to submit a Risk Management Plan to Health Services that describes their Hazard Analyses and their Prevention Programs. The Accidental Release Prevention Engineers reviews the Risk Management Plans and issues Notice of Deficiencies if any deficiencies exist. When the Risk Management Plan is accepted, a notice is placed in the San Francisco Chronicle and Contra Costa Times and mailed or e-mailed to approximately 1,000 people on an interested party list. The notice lets the community know that the plan is available for review at our office or the local library closest to the business site. Risk Management Plans are required to be updated when specified changes occur or at least once every five years. The Accidental Release Prevention Engineers audits the businesses that are subject to the CaIARP Program at least once every three years. The audits can last from two or three days with one engineer to four weeks with five engineers. The audits are to verify compliance with the regulations and to ensure that the programs are being implemented as required. Non-COPA Programs The following programs are also being implemented by the Hazardous Material Programs: • Green Business Program • Watershed Program • Industrial Safety Ordinance • Hazardous Material Response Team •. Childhood Lead Program • Integrated Pest Management Program • Site Mitigation Reviews • Unannounced Inspection Program Green Business Program, This program is administered in cooperation with the Association of Bay Area Governments. The purpose of the program is to encourage and acknowledge the businesses that are in compliance with the hazardous material requirements, have established energy-wise policies, have good environmental programs, and are leaders in operating green businesses. The Hazardous Material Programs recognize 306 businesses in the County. The partners with whom the Hazardous Material Programs work include the Clean Water Programs, waste water and water districts, the Bay Area Air Quality Management District, and about half of the cities in the County. Watershed Program This program is administered by the County's Public Works Department. The Hazardous Materials Programs perform the following functions for the County's Public Works Department: • Inspect all of the facilities that reside in the unincorporated areas of the county and, that could release hazardous materials into the waterways (approximately 180 businesses) • Work with Public Works in developing public educational material to ensure that hazardous materials stays out of storm drains and the bay area waterways The Hazardous Materials Programs have worked with Public Works on developing a means for used oil and batteries to be collected at marinas. The Hazardous Materials Program designed and oversaw the construction of the sheds that are used to collect these materials. The Hazardous Materials Programs also work with Public Works to ensure that the marinas are operating with good housekeeping and hazardous material management. Industrial Safety Ordinance The Board of Supervisors adopted the most stringent accident prevention regulations in the United States, which is the Industrial Safety Ordinance. The Hazardous Materials Programs also administers the City of Richmond's Industrial Safety Ordinance, which is almost identical to the County's Industrial Safety Ordinance Risk Management Chapter. The Industrial Safety Ordinance expands on the requirements of the CalARP Program.- Additional rogramaAdditional requirements under the Industrial Safety Ordinance are as follows: • Consider Inherently Safer Systems for existing and new processes • Perform a root cause analysis for Major Chemical Accidents or Releases • Human Factors Programs, including a Management of Organizational Change process • A Safety Culture Assessment • A Security and Vulnerability Analysis • The whole facility is covered not just the process with a regulated chemical above a threshold quantity • Development and submittal of a Safety Plan The Industrial Safety Ordinances cover eight facilities: four petroleum refineries and four chemical facilities. The engineers that administers the CaIARP Program also administers the Industrial Safety Ordinances. The eight facilities are audited at least once every three years. The ordinance is watched throughout the United States for being a lead in regulating inherent safety, human factors, and safety culture assessments. The ordinance also requires a hazardous materials scoring process to determine if a land use permit is required for businesses that are new or that are modifying existing processes. Hazardous Materials Response Team The Hazardous Materials Programs have the primary hazardous material response team in Contra Costa County. The team works closely with the two other hazardous material response teams that are housed by Richmond and San Ramon Valley Fire. Fifteen hazardous material specialists and a technician are members of the team. There are three teams with five members on each team. At least one team is on-call any time day or night. The team responds to anything from a refinery fire or release to illegal drug labs to transportation accidents that involve hazardous materials to illegal disposal of hazardous materials. During 1999, the team responded to 189 illegal drug labs. Shortly after 9/11/2001 the team responded to 69 anthrax calls. The team responded to the General Chemical release in 1993 and stopped the release. Over 20,000 people sought attention during;this release. The Hazardous Materials Response Team has been recognized for performing the duties that mimic what a responder may need to do during a response when 'responding to an incident by winning the Continuing Challenge Olympics and Hazard Categorization awards. The team also has three members that train other people throughout the state on hazardous material response. Businesses are required to notify the County whenever there is a release or spill meeting defined reportable quantities. The County's Hazardous Materials Incident Notification Policy has been adopted by the Board of Supervisors and gives clear definition of when businesses are required to notify the Hazardous Materials Programs. The policy also determines the type of response and community notification and alerting that each type of release will need. Childhood Lead Program The Hazardous Materials Specialists work with Public Health to determine when a child may be exposed to lead within a building. The Specialists have the equipment, training, and knowledge to know where and how a child may be exposed to lead from a building. When such a building may present unsafe conditions to a child, the Specialists will follow the cleanup or mitigation of the building to ensure that it is safe for children. Integrated Pest Management The Hazardous Materials Programs are now in the process of working with Human Resources, General Services, Public Works, and the Agricultural Commissioner to develop a job description and hire an Integrated Pest Management Coordinator. This position will work with Public Works, General Services, and the Agricultural Commission on developing a plan to use less toxic pest management alternatives. Site Mitigation The Hazardous Materials Programs review work being under the purview of the Regional Water Quality Control District and the Department of Toxic Substances. The review allows us to submit comments to the appropriate agency on any issues that the Hazardous Materials Programs may have. This review also gives us information of where the different clean up areas are located in the County. The Hazardous Materials Programs keep track of the different Brownfield and Superf ind sites that are located in the County. The Hazardous Materials Programs also review land use permits where hazardous materials may exist. When appropriate, they will give their comments to Community Development. Unannounced Inspections The Board of Supervisors has placed importance on the unannounced inspection of facilities that handle the more toxic and flammable materials without prior notice. An Unannounced Inspection Program was developed to inspect facilities that are subject to the federal EPA's Risk Management Program. There are 24 business sites that are subject to this program. The inspections include at least one Accidental Release Prevention Program Engineer and one Hazardous Materials Specialist. The engineer looks at compliance with the California Accidental Release Prevention Program and the Industrial Safety Ordinance and the Specialists will look at compliance with the Hazardous Materials Business Plan, Hazardous Waste Generator, and the Underground Storage Tank Programs. After the Specialists are trained on inspecting Above Ground Petroleum Storage, this program will be part of the inspections. Hazardous Materials Ombudsman Programpdate for Januar through June, 2008 In the first half of 2008 1 accomplished the following: Industrial Safety and Hazardous Materials Issues • Facilitated a public meeting and follow-up response to the Hazardous Materials Program's involvement in a chemical accident at Reaction Products in Richmond. • Met with the Hazardous Materials Program and Community Education and Information Unit to develop an outreach strategy for the year. • Participated in meetings to help facilitate the clean-up and reuse of a rail-to-trail project in Clyde Outreach and Education • Responded to 88 information requests. • Had program brochure distributed at 6 community events. • Had 445 hits on program web.page. • Gave a presentation to a neighborhood association. Laotian Telephone Emergency Notification Project • Continued to oversee work of contractors distributing alert boxes. • Met with the Laotian Organizing Project to coordinate outreach strategy. • Worked with the Office of the Sheriff to have a letter of support prepared. CAER Emergency Notification Committee • Continued to participate in monthly meetings. Hazardous Materials Commission • Continued to staff 3 monthly meetings. • Prepared community survey on hazardous materials concerns that Commissioners are having filled out at community events and at the Commission Web page. • Began planning three community town hall meeting on Household Hazardous Waste. • Conducted research on brownfield status in the county. • Prepared a review of the history and status of Environmental Justice efforts at the national, state and local level. • Participated in a Care and Shelter Drill in North Richmond. • Prepared letter of support for the clean-up of a mercury mine on Mt. Diablo, and attended a planning meeting. Public and Environmental Health Advisory Board • Continued to represent PEHAB on the County's Integrated Pest Management Task Force. • Prepared the environmental committee to host a discussion of the Air District's flare control rule. Monitored the development of mercury limits in the Delta, and participated in planning meetings to increase contaminated fish consumption education activities. Asthma Program • Continued to administer and provide technical support to a Caltrans grant that is involving west county residents in land use and freight transport issues. Participated in the planning of two workshops during this period. • Gave presentations to six high school science classes on the relationship between diesel pollution and asthma. Attended monthly Asthma Coalition meetings •� Prepared letter and gave testimony on proposed Air District wood stove rule. Represented the Health Department in a regional collaborative addressing diesel pollution and freight transportation. Environmental Justice •� Provided technical support to a Public Health Department Environmental Justice Program in Bay Point by helping in the preparation of a pollution assessment, the development and implementation of a community survey and a community workshop, giving a presentation to the Bay Point Municipal Advisory Council about the status of their drinking water quality, and participating in a community meeting sponsored by the Golden State Water Company about their drinking water quality. Attended two workshops on Environmental Justice implementation. Participated in efforts to improve community participation and mitigate the environmental and health impacts of a clean-up effort at the Concord Naval Weapons Station. Administrative O Continued to participate in the Health Department's HEEP management team. 0 Continued to be a member of the Health Department's Emergency Management Team. Hazardous Materials Ombudsman Evaluation for the Period November, 2006 through October, 2007 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 1, 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 450-8.030(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 450-8.022 of the Industrial Safety Ordinance for the Hazardous Materials Ombudsman are: 1) To serve as a single point of contact for people who live or work in Contra Costa County regarding environmental health concerns, and questions and complaints about the Hazardous Materials Programs. 2) To investigate concerns and complaints, facilitate their resolution, and assist people in gathering information about programs,procedures, or issues. 3) To provide technical assistance to the public. The Hazardous Materials Ombudsman currently accomplishes these goals through the following program elements: 1) Continuing an outreach strategy so that the people who live and work in Contra Costa County can know about and utilize the program. 2) Investigating and responding to questions and complaints, and assisting people in gathering information about programs, procedures, or issues. 3) Participating in a network of environmental programs for the purpose of providing technical assistance. This Evaluation covers the period from November, 2006 through October, 2007 for the Hazardous Materials Ombudsman 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. II. Program Elements 1. 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 position, 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 web sites, 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. 2. 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 262 requests for assistance from the general public. This is 17%higher than the average number of requests received over the last five years, which was 223. Over 95 percent of these requests occurred via the telephone, and have been requests for information about environmental issues. Requests via e-mail are slowly increasing, mainly through referrals from Health Services main web page. Most of these requests concern problems around the home such as asbestos removal, household hazardous 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 compile. Telephone requests were responded to by telephone unless written materials needed to be sent&3 part of the response. Complaints about the Hazardous Materials Programs have been received via telephone and in.writing. Persons that have made complaints via telephone have been also asked to provide those complaints in writing. During 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 their business. The Ombudsman supported the position that the fees being assessed by the Hazardous.Materials 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 effectively advocate their interests about an industrial activity usually means providing them with more information 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. 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 important hazardous materials issues. These are as follows: • Industrial Safety Ordinance Public Participation—The ordinance requires that public 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 Supervisors to develop an intensive public outreach strategy for the Industrial Safety Ordinance. During this period,the Ombudsman helped the Hazardous Materials Program conduct a meeting about the General Chemical ISO audit follow-up in November of 2006, and prepare information for public presentations about the other audits completed during the year. • Post- Chemical Incident Surveys —As a result of discussions held at a Protecting the Public conference in 1999, the Hazardous Materials Ombudsman took the lead in developing a telephone survey that would be administered to people in the area affected by a chemical accident. During 2001, funding was secured to develop the survey, a consultant was hired to create the survey, and the first survey was initiated after an incident at a refinery in October, 2001. In 2002, four additional surveys were conducted after level 2 and 3 incidents at facilities. In 2003 two additional surveys were completed after level 3 incidents, one at a refinery and one resulting from a railroad incident. Another survey was conducted after a release from a refinery in October, 2004. A ninth survey was conducted in March of 2006 after a release from the Shell Refinery in Martinez. In 2007, a survey was conducted after a fire at the Chevron refinery in January. The results of these surveys were shared with various committees of the Contra Costa CAER group to help them with planning their activities. This year, the Ombudsman and the directors of the Hazardous Materials Programs and the Community Warning System interviewed several companies that conduct surveys to explore possible ways to change the survey to account for the increase in cell phones as the primary phone services for residents, and to determine other functions for the survey. • 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 Notification 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 funding was secure to implement the pilot project and a project coordinator was hired. In 2002 the Hazardous Materials Ombudsman hired 4 outreach staff and supervised all 5 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 2 Laotian staff to test this technology in 100 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 2005 the Hazardous Materials Ombudsman worked with the Community Warning System Program in the Sheriff s Office to begin installing 300 of these alert boxes. Several technical problems delayed the implementation of the project. In 2007, these technical problems were resolved and two Laotian outreach workers were hired to install the alert boxes under a one-year contract. 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 non-profit organization addresses industrial accident prevention, response and communication. The Ombudsman participated in the Emergency Notification subcommittee of CAER. • Hazardous Materials Commission—In 2001,the Ombudsman took over as staff for the commission. As staff to the commission, the Ombudsman conducted research, prepared reports, and facilitated Commission meetings. In November of 2006 the Ombudsman participated in the Golden Guardian emergency response drill on behalf of the Commission as part of their effort to increase planning efforts for possible evacuations due to chemical releases. As a result of the Commission's efforts, the Hazardous Materials Program has committed to modeling potential chemical releases in the County, and the Office of Emergency Services has secured a $30,000 grant to study methods for evacuating residents during a chemical release. • Public and Environmental Health Advisory Board—As staff to the Environmental Health subcommittee of PEHAB,the Ombudsman completed a report on pest management issues in the County in March, 2001. In response to this report,the Board of Supervisors 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 represented Health Services as co-chair of this Task Force from 2001 till March of 2007. The policy was adopted by the Board of Supervisors in November of 2002. During 2007 the Ombudsman 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 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 fishing by Contra Costa residents. • Asthma Program—The Ombudsman participated in the Public Health Department's asthma management team as a resource on environmental health issues. The Ombudsman also participated in county-wide asthma coalition meetings, and represented the Asthma program at regional meetings pertaining to asthma issues, particularly diesel pollution. The Ombudsman taped a 5 minute interview shown on Comcast promoting the Asthma Program's Blueprint for Asthma Action: The Ombudsman 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. The Ombudsman also led the Asthma Coalition's successful advocacy effort to encourage the City of Concord to adopt restrictions for new woodstoves in their updated General Plan. The Ombudsman gave presentations to four High School classes on asthma and air pollution. • Environmental Justice—In September of 2003, the Board of Supervisors adopted an Environmental Justice policy. At that time they directed each County Department to designate an existing staff member as a representative to a County-wide Environmental Justice committee. The Ombudsman 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 publish their Environmental Justice framework this year. • LEAP—During this period the Ombudsman provided extensive technical assistance to LEAP (Latino Environmental Action Project), a Public Health program in Bay Point. The role of the Ombudsman in this project was to help community residents understand the risk 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 residents chose to focus on drinking water quality issues, and the Ombudsman provided technical support for the residents to hold a townhall meeting on drinking water issues and provide testimony in a Public Utilities Commission rate case for the water purveyor. This Ombudsman also help write two grants that secured $90,000 to continue working on Environmental Justice issues with the LEAP team this year. The Hazardous Materials Ombudsman also attended workshops,presentations, meetings and trainings on a variety of environmental issues to be better able to provide technical assistance to the public. Topics included addressing cumulative impacts of pollutants, emergency management practices, health mitigations for consumption of contaminated fish, effective techniques for public education and outreach, mercury standards for the Delta, Richmond Railyard Health Risk Assessment, Regional Monitoring Program for San Francisco Bay, and environmental health indicator tracking tools. III. Program management The Hazardous Material 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 supervision of two contract employees for the Laotian Telephone Emergency Notification System project, managing the contract for the Industrial Safety Ordinance Post-Incident surveys, which began in 2001, and the Caltrans grant about Goods Movement. IV. Goals for 2008 In 2008, the Ombudsman will provide essentially the same services to Contra Costa residents as was provided in 2007. The Ombudsman will continue 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 Hazardous Materials Commission and the Public and Environmental Health Advisory Board; provide technical support to the Asthma program and the Public Health Collaboration unit; and participate in the Integrated Pest Management Taskforce, CAER committees, the Environmental Justice Committee and the post-incident surveys. In particular, the Ombudsman will continue to oversee the implementation of the Caltrans goods movement grant, continue to provide technical support to the LEAP project, and oversee the Laotian Telephone Emergency Notification System multi-lingual project. In 2008, the Ombudsman will continue efforts to re-distribute his brochures throughout the County, and will give presentations to community groups and governmental agencies to promote the services of the position.