HomeMy WebLinkAboutMINUTES - 06041985 - 2.7 TO: BOARD OF SUPERVISORS
Nancy C. Fanden Contra
y Costa
DATE: June 4, 1985 County
SUBJECT: BAAQND handling of Pacific Refinery
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
Background:
The BAAQMD Hearing Board at the May 31st hearing threw out
their staff recommendation to:
-install a flare gas recovery system
-install a vapor control system on tanks
-replace or repair twelve tanks
-add a compressor
-enclose the entire wastewater treatment facility
-vent the sour water oxidizer
-install a sulfur removal plant
-thorough review of operation and maintenance by an
outside expert approved by the district
and instead imposed an unconditional abatement order on
Pacific Refinery.
The Hearing Board has not come to terms with the visbreaker
which has been a major source of problem for some time, it
still is operating without a permit. The original
visbreaker permit was denied in April, 1984 , and is under
appeal. The visbreaker permit again was denied. Pacific
Refinery contends the second denial is not an issue because
the first appeal has not been resolved.
Recent newspaper stories quote District Director Feldstein
as saying that the Health Department has the ability to shut
down the refinery. The Health Department says they can only
take action if an imminent health risk exists and is
difficult to prove. The district merely must show that air
quality standards are exceeded over time. A verifiable
matter.
The Air Quality Management District has the legal
responsibility to enforce air quality standards. They are
paid to do this. They are the counties agent and have
preemptive rights. The fact that the visbreaker has not been
shut down is an example of the severe lack of enforcement
responsibility. There appears to be a desire on the part of
the Hearing Board to give extensions and seek compromises.
Public health is at risk. People are complaining of nausea,
breathing problems, headaches and of potential long term
(cont. next page)
TO: BOARD OF SUPERVISORS
FROM: Nancy C. Fanden Contra
Costa
DATE: 'Tune 4, . 19$5 County
SUBJECT: BAAQMD handling of Pacific Refinery
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
Page 2
effects on their children. There is frustration over the
duration of this problem which is affecting property values.
Definitely a public nuisance exists. Pacific Refinery is
not a good neighbor. They do not conduct their business in
the communities interest. It may not be at a level where
people are stricken, which must exist for our Health
Department to intervene, but the long term health risk must
become the main objective of the Districts. It' s time the
district bit the bullet' , and got about the business of
protecting air quality and not looking for compromises.
Request:
1. County Counsel review and report to the Board the legal
remedies available to BAAQMD.
2. District Attorney outline abatement options.
3 . Health Officer describe level of health hazard that must
exist before plant can be shut down.
4 . Request that the Attorney General review BAAQMD handling
of Pacific Refinery.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON June 4 , 1985 APPROVED AS RECOMMENDED OTHER
In addition , the Board REQUESTED the County Grand. Jury to review
the BAAQMD's handling of Pacific Refinery.
VOTE OF SUPERVISORS
XX -- -
UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: BAAQMD ATTESTED June 4 , 19R5
Grand Jury J.R. OLSSON. COUNTY CLERK
District Attorney AND EX OFFICIO CLERK OF THE BOARD
County )_dministrator
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