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HomeMy WebLinkAboutMINUTES - 06091992 - 2.1 TO: BOARD OF SUPERVISORS FROM:, Mark Finucane, Health Services Director DATE: June 8, 1992 SUBJECT: Report on Release from Pacific Refinery on May 29, 1992 SP`CIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. Accept this report from the Health Services Department 2. Direct Health Services Director to continue pursuing all possible enforcement actions. 3. Direct Health Services Director to continue meeting and coordinating with other agencies and government entities, such as BAAQMD and the City of Hercules, in conducting oversight of Pack Refinery. 4. Direct Health Services Director to convene a Rodeo Community Advisory Committee to advise the Department on the community notification system, the Risk Management and Prevention Program and other issues related to Pacific Refinery. FISCAL IMPACT: Staff time. BACKGROUND: On June 2, the Board of Supervisors requested that the Health Services Department research and report on several issues associated with the 5/29/92 accident at Pacific Refinery. These issues include: o A chronology of what happened on May 29. o Relevant ordinances, laws and regulations pertaining to oil refinery operations; o HSD actions and activities in response to this and other hazardous materials incidents; o Activation of Community Alert Network; o A proposal to establish a Community Advisory Committee. I. Chronology of May 29 release at Pacific Refiner. Attachment 1 is a chronology of what happened at Pacific Refinery according to the Emergency Response staff. . Included in the chronology are the events leading to the activation of the Community Alert Network. CONTINUED ON ATTA HMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE . APPROVE OTHER SIGNATURE(S):_ ACTION OF BOARD ON June 9 , 1992 APPROVED AS RECOMMENDED X OTHER APPROVED recommendations ; REQUESTED staff to pursue legislation allowin—g -t-Te �8.yFrs kRVi&ORSQuality Management District to increase fines . (see attachment for list ofHeWF Rf1F'QTHATTHISISATRUE X UNANIMOUS (ABSENT - - ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: Health Services Department ATTESTED June 9 , 1992 Environmental Health PHIL BATCHELOR,CLERK OF THE BOARD OF Community Development SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel 17/; BY l/ ,DEPUTY II. Review of Relevant Ordinances, Laws and Regulations overseeing Pacific Refiner. 1. Hazardous Materials Storage and Emergency Response (State law). All businesses that use hazardous materials prepare plans describing the amounts and locations of those materials. These Business Plans are available to the public. HSD administers the program and conducts inspections to verify information in the Plans. Contra Costa HSD developed its own policy to implement provisions under this law regarding immediate notification when a release or threatened release occurs. 2. Underground Storage Tank State law . Inspection of underground storage tanks to prevent groundwater contamination. HSD administers program and conducts inspections. 3. Acutely Hazardous Materials Risk Management and Prevention (State law). Regulates storage and handling of acutely hazardous materials. HSD administers the program. 4. Uniform Fire Code. Assures fire safety and prevention. Local fire agencies have jurisdiction. 5. Proposition 65 (State ]awl, Protects drinking water sources from toxic contaminants and establishes procedures to warn citizens of possible exposures. HSD is notifying agency. 6. Clean Air Act Federal and State laws . Protects air quality and identifies toxic air contaminants -- "toxic hot spots". State Air Resources Board and BAAQMD primary jurisdiction. ARB sets standards for toxic air contaminants. BAAQMD issues permits for facilities, conducts inspections and reviews health risk assessments. 7. Water Quality Control Federal and State laws). Oversees surface and groundwater quality. Regional Water Quality Control Boards issue waste discharge permits and implement program to identify and clean up "toxic hot spots" in bays and estuaries. 8. Transportation of. Hazardous Materials and Wastes (Federal and State laws). Assures safe transport of hazardous materials and wastes and requires notification and cleanup of spills. Federal agencies and highway patrol have primary jurisdiction. On a related matter, Dr. Walker has been asked to serve as the representative of health departments on the new statewide Technical Advisory Committee on Oil Refinery and Chemical Plant Safety Preparedness. They will be reviewing all current laws and regulations to determine where any gaps are. His involvement in that Committee should be helpful to our county's efforts to provide comprehensive regulation of these industries. III. Health Services Department Action and Activities Public Communication: The HSD finds any release of industrial material -- particularly a release into a residential community -- totally unacceptable. Fortunately, after consulting with experts at Cal-EPA, we believe that this release poses no long-term health threat. However, short term health problems may have arisen, such as respiratory and skin irritations. Because many residents may have concerns about the release, particularly health concerns, we have prepared a letter to send to all Rodeo residents who may have come into contact with the released material explaining our conclusions. Notification: As indicated in the Chronology, Pacific Refinery did not contact HSD regarding this release. After receiving numerous calls from residents, HSD staff called Pacific approximately 22 minutes after the incident began. Four minutes later, a Pacific employee called back with information about the release. We believe this delay in notifying HSD of the incident violates our policy as well as State law. Our policy, which was developed in coordination with the industry-based CAER group, specifically states that "immediate notification is required for any release or threatened release of hazardous material that poses a present or potential hazard to human health and safety, property or the environment." Thus, we will be pursuing legal action against Pacific Refinery. Coordination with other a enci�L. The HSD staff met with staff from the BAAQMD and a staff member from the District Attorney's office on June 5 to share information and discuss possible enforcement actions. The BAAQMD expects to complete its investigation within a couple of days, at which time it will determine what type of enforcement action it will take against Pacific Refinery. The DA can pursue criminal action only upon referral from the BAAQMD. Efforts to improve coordination of regulatory actions with BAAQMD began last month when Dr. Walker and other staff met with representatives of the BAAQMD to discuss ways to better coordinate our oversight capabilities. We will continue these efforts regarding Pacific Refinery and as well as all Contra Costa industries. In addition, our ER staff have met and are continuing to meet with Rodeo fire to establish better communication and coordination. In fact, they are initiating an association of all emergency responders in the County to develop such coordinated responses county-wide. A meeting has been scheduled for later this week with the City Manager of Hercules and their planning staff to discuss the EIR and other issues relating to Pacific Refinery. We have also sent letters to Assemblyman Campbell, Senator Boatwright and Congressman Miller requesting a meeting to brief them on the May 29 incident and its ramifications. Yesterday, HSD staff met with representatives of Pacific Refinery to discuss the incident, the delay in notification and other related issues. We impressed upon them the need to call HSD first and early when there are indications that a release may occur. Such notification enables our ER teams and CAN to be placed on alert, should a release occur. Physician training: One other action already underway is also relevant in this context. As a result of the Chevron catalyst dust release last December, we are sponsoring a training at Brookside Hospital in San Pablo on July 22 for all interested physicians. The training will focus on responding to hazardous materials accidents. We will do special outreach to West County physicians, particularly emergency physicians, including those in Hercules and Rodeo, to encourage them to attend. RMPP: Pacific Refinery is in the process of preparing a Risk Management and Prevention Plan (RMPP). Under this program, facilities are supposed to conduct a detailed analysis of their plants to determine what types of potential accidents may occur involving acutely hazardous materials. Part of that analysis estimates whether a particular release may have off-site consequences. Pacific's RMPP is due November 16. Once the RMPP is submitted, we will initiate a thorough review. We have established a public participation process to ensure all interested residents have an opportunity to learn about the RMPP, review it, and submit comments to us. We have found, in the case of Chevron's RMPP, that public comments were very helpful to our review. IV. Community Alert Network The May 29th incident was the second time that CAN has been activated to notify members of the public. As was discussed previously, because of the delay in notification of the incident by Pacific and lack of clear information once contact was made, HSD Emergency Response team members could not.determine the need for CAN activation prior to responding to the scene. Once the ER team arrived, the notification area.was identified and a message was recorded. Within four minutes of completing the call to CAN, residents were beginning to receive phone calls instructing them how to Shelter - in - Place. The time lapse between making the decision to activate CAN and the first calls being received was twelve minutes. Seven hundred and one (701) phone numbers were attempted. If the message was not delivered the first time, the system tried the number a second and third time if necessary. Five hundred and seventy-five (82%) received the message which means either a person or an answering machine answered the phone. Of the remaining numbers, 83 were not answered each of the three times called, 12 were busy all three attempts and 31 had operator intercept tones, which usually means the number has been disconnected. The entire calling process, including additional attempts to numbers not receiving the message took one hour and fifteen minutes. Residents were instructed to tune to KISS AM 990 or 92FM for further information. At 5:58, Community Alert Network (CAN) was contacted a second time to give an all clear message to those citizens that received the first message. V. Coordinating Citizen Concern and Activity According to the BAAQMD, January 1984 marked the beginning of major odor problems coming from Pacific Refinery. Citizen complaints were numerous and violations were issued. In June 1985, an Unconditional Abatement Order was issued ordering Pacific to cease creating odor nuisances. A Pacific Refinery Task Force was created that included members of the BAAQMD, HSD, a representative from Hercules, and residents of Rodeo to determine the steps that needed to be taken to prevent the continuation of odor problems. The Task Force completed its work in early 1986. Under a Consent Order, Pacific Refinery implemented measures recommended by the Task Force, but the odor problem continued. The BAAQMD cites an annual average of 335 complaints per year from 1988 through 1991. Numerous violations were issued, and, in July 1990, another Consent Order was issued ordering a comprehensive plan for odor abatement. It includes three projects -- a sulfur handling system, a wastewater treatment plant and a new flare -- and a lengthy compliance schedule. These projects have become tied up with Pacific's overall reformulated fuels project. With the May 29 release, there are now additional concerns being raised relating to safety. These concerns are heightened because of the proposed modifications involving reformulated fuels. In response to Supervisor Fanden's suggestion about reconvening a Pacific Refinery Task Force, we propose that the Health Services Department convene a new Pacific Refinery Community Advisory Committee. The Committee would provide a mechanism for residents to receive assistance and information on a range of regulatory and oversight activities concerning Pacific Refining, such as the RMPP and emergency notification procedures, as well as the CEQA process and the Draft EIR, should it be reissued. It would also provide a forum for residents to have input into the regulatory process and express their concerns about the Draft EIR or EIR to county agencies who will be commenting on the document. HSD will work with other relevant agencies, such as the Community Development Department, Public Works, the BAAQMD and the DA to ensure their participation in this Committee. PACIFIC REFINERY INCIDENT May 29, 1992 1515 Approximate time of incident. 1520 Approximate time of initial citizen's call to CCCHSD-ER. Citizen reported an explosion and heavy smoke at Pacific Refinery in Hercules. 1525 Laura Brown (CCCHSD-RMPP) reports to CCCHSD-ER of fire and smoke from Pacific Refinery. NAPA Auto Part's store manager reports to Ms. Brown that a significant explosion had occurred. 1527 County OES notifies CCCHSD-ER that public complaints are being reported to Supervisor Fanden. 1537 Jim Hattum (CCCHSD-ER) calls Pacific Refinery and speaks with Daniel Mah. Mr. Mah reports a rupture in a cooling tower has sent cooling liquid to the flare. Mr. Hattum asks if CAN (the Community Alert Network) should be activated. Mr. Mah does not feel CAN is necessary. 1540 Rodeo Fire Department calls CCCHSD-ER and requests immediate response to the 200-300 block of Sharon Avenue in Rodeo. Rodeo F.D. reports an unknown oily substance blanketing the area. CCCHSD-ER ETA given as 30 minutes. 1541 Tony Koo (Pacific Refinery) calls CCCHSD-ER and reports incident. According to Mr. Koo, the incident began at 1515 when a rupture disk on a heat exchanger ruptured at the unit cracker. This sent hydrogen and hydrocarbons to the flare and created black smoke and flames. T 1547 Ralph Edwards (Pacific Refinery) call CCCHSD-ER and reports the information previously stated by Mr. Koo. CCCHSD-ER attempts to notify Dr. Walker. 1550 CCCHSD-ER mobilizes both Emergency Response Vehicles. ER Team 1 - Eric Jonsson and Steve Morioka - mobilize to the Pacific Refinery EOC. ER Team 2 - Jim Hattum and Rosemary Wyma -r mobilize to Sharon Avenue. CCCHSD-ER notifies Ray Riordan of the Pacific Refinery incident. 1550 CCCHSD-ER attempts to notify the County Health Officer on duty. . 1610 ER Team 1 arrives at Pacific Refinery. Daniel Mah reports that a line has ruptured at the cooling tower and has released a combination of water, oil, and water treatment chemicals. The water treatment chemicals are unknown at this time. ER Team 2 arrives at Sharon Avenue and meets with Rodeo F.D.. 1615 Captain Scott Banford (Rodeo F.D.) reports to Jim Hattum that earlier in the day (approximately 1330) the warning alarm/meter on the Fire Department's SCBA compressor was triggered indicating airborne hydrocarbons in excess of 2 ppm. The Rodeo Fire Station is located downwind from the refinery. 1620 Eric Jonsson activates CAN. A modified HazMat One message is recorded by Mr. Jonsson. The boundaries are set as Thomas Bros. Contra Costa County Map page 3, coordinates B4, B5, C4, C5. ZIP Code 94572. Mr. Jonsson requests phone calls begin with the southwest corner of B4 and move in a northeast direction. Upon completing calls to B4, coordinates B5, C4 and C5 should then be called in that order. Mr. Jonsson requests that the County EOC list also be notified. 1621 Dr. Brunner is contacted and is in route. 1624 Ray Riordan (CCCOES) is notified that CAN has been activated. 1628 CAN activation completed. 1631- CCCHSD-ER attempts to contact Carl Thorsen (KII S). Phone is busy. 1638 1639 CCCHSD-ER contacts the KISS on-air announcer. Eric Jonsson records modified HazMat One message and.ir1forms Carl Thorsen of incident details. 1645 The Regional Water Quality Board, Coast Guard, and the Department of Fish And Game are notified by ER Team 2 of the incident. None of these agencies had previous knowledge of the incident. Dr. Brunner arrives at Sharon Avenue. 1647 KISS activation complete. 1650 Pacific Refinery determines the contents of the water treatment chemicals and relays the information to CCCHSD-ER. The chemicals are zinc chloride, chlorine, phosphoric acid, and a dispersant polymer. 1655 The CCCHSD-ER requests the presence of a Pacific Refinery Official to the neighborhood of Sharon Avenue. 1700 Mike Buelna and Danny (?) of Fish and Game arrive at Sharon Avenue. The Bay Area Air Quality Management District is also at this location. Dr. Brunner arrives at the Pacific Refinery EOC. 1703 ER Team 2 is informed of the content of the water treatment chemicals. 1713 Eric Jonsson updates Carl Thorsen of KISS. 1716 Large flare and heavy black smoke from Pacific Refinery. 1718 CCCHSD-ER asks Tony Koo of the nature of the flare. 1723 Large flare and heavy black smoke from Pacific Refinery. 1725 Initial impact areas determined by Rodeo F.D.. Area given as 4th to Garretson, to 3rd, to Parker, to 2nd, to Vasqueros, to San Pablo, and west to the Bay. 1740 CCCHSD-ER updates Dr. Brunner. 1750 ER Team 2 confirms boundaries of impacted areas. 1755 CCCHSD Hazardous Materials Office still receiving phones calls. 1758 CAN updated. All clear given. 1803 CAN deactivation complete. KISS updated. All clear given. 1808 KISS deactivation complete. 1810 Ralph Edwards informs CCCHSD-ER that some flaring is still occurring because the unit is being shut down. 1825 Pacific Refinery's Christine McDowell and Ralph Edwards debrief CCCHSD-ER and Dr. Brunner of the incident. According to Ms. McDowell, at approximately 1515 a rupture disk on the cooling tower ruptured and released a mixture of water, oil, and water treatment chemicals. The loss of cooling water caused pressure to build up in the hydrocracker. This in turn caused a combination of hydrogen, naptha, diesel, ethane, and methane to be sent to the flare. The flare was unable to handle the large amounts and therefore there was incomplete combustion. The large flare lasted approximately 20 1825 minutes and the unit was completely shut-down at 1845. The materials r that were released into the community consisted of the by-products of incomplete combustion and the cooling water. According to Pacific Refinery, the majority of the material released was the oily soot from the incomplete combustion.. 1845 Pacific Refinery has Pacific Environmental Services on site to begin . _ cleanup coordination. 1857 Press conference 1903 Sheriff's Dispatch is called and notified that the incident is over and the all clear may be given. 1935 Press conference ends. 1940 CCCHSD-ER, Dr. Brunner, The department of Fish and Game, and Regional Water Quality Control Board meet to discuss clean-up. It is determined that no liquid used during the clean-up process shall enter a storm drain. 2005 Pacific Refinery is notified that CCCHSD-ER, the Department of Fish and Game, and Regional Water Quality Control Board will not tolerate any liquids from the clean-up process entering a storm drain. CCCHSD-ER notifies Pacific Refinery that the notification time was not acceptable. Ralph Edwards will look into the delay. 2020 Meeting ends. Incident is over. r ATTACHMENT June 9, 1992 , Item No. 2. 1 Pacific Refinery Release SPEAKERS' LIST Peter Hess, Bay Area Air Quality Management District; Ralph Edwards, 4901 San Pablo, Hercules; Janet L. Pygeorge, 512 Barnes Way, City not noted; Lynn Cherry, 936 Blue Drive, Rodeo; Irene Pijoan, address not noted, Rodeo; and Leonard Miglio, 873 4th Street, Rodeo. ATTACHMENT June 9, 1992, Item No. 2.1 Pacific Refinery Release SPEAKERS' LIST Peter Hess, Bay Area Air Quality Management District; Ralph Edwards, 4901 San Pablo, Hercules; Janet L. Pygeorge, 512 Barnes Way, City not noted; Lynn Cherry, 936 Blue Drive, Rodeo; Irene Pijoan, address not noted, Rodeo; and Leonard Miglio, 873 4th Street, Rodeo.