HomeMy WebLinkAboutMINUTES - 03221994 - 1.51 7
TO: BOARD OF SUPERVISORS Contra
y,.
FROM: Phil Batchelor, County Administrator - Costa
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County
March 10. 1994
.•4
DATE: � r�Tra
SUBJECT: LEGISLATION: ' AB 3263 (Campbell) RE ADVANCE SUBMISSION OF
CHANGES TO A RISK MANAGEMENT AND PREVENTION PROGRAM DUE TO
OPERATIONAL CHANGES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ACKNOWLEDGE that the Board of Supervisors is the SPONSOR of AB 3263
by Assemblyman Campbell, which would require that a firm handling
acutely hazardous materials. amend its Risk Management and
Prevention Program (RMPP) 30 days prior to' modifying any process
that would materially affect the handling of an acutely hazardous
material .
BACKGROUND:
One of the items on the Board' s 1994 Legislative Program is. to
sponsor legislation which would require advance notification to the
County when a firm that handles acutely` hazardous materials
modifies any process that would materially affect the handling of
an acutely hazardous material .
.The motivation for this legislation came from the General Chemical
incident last summer. There was criticism that the County and
other regulatory agencies were unaware that General Chemical
planned -to change its process in order to store oleum in railroad
tank. cars instead of fixed tanks on the ground. The problem is
that under current law, a firm that handles acutely hazardous
materials and is required to submit an RMPP, is required to amend
the RMPP only 60 days following a process modification that would
materially affect the handling of an acutely hazardous material .
This substantially precludes responsible governmental agencies from
being made aware of potentially dangerous changes in a process
which should be inspected in advance of the implementation of the
change
CONTINUED ON ATTACHMENT: --YES. SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Maree2-2—1994 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
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.
ATTESTED
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: See .Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
DEP1
BY UTY
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As a result of this "loop-hole" in the law, the Health Services
Director recommended that the Board of Supervisors include in its
1994 Legislative Program the sponsorship of legislation which would
provide for advance, rather than after-the-fact, notification of
such a process change.
Assemblyman Campbell has introduced AB 3263 for this purpose. As
introduced, AB 3263 requires that such notification be provided 30
in advance of a change, rather than within 60 days after the fact.
Since AB 3263 does exactly what the Board indicated it wished to
do, it appears appropriate for the Board to acknowledge that it is
the sponsor of AB 3263 .
cc: County Administrator
Health Services Director
County Health Officer
Lew Pascalli, Hazardous Materials, HSD
Marice Ashe, Acting Executive Assistant to the
Hazardous Materials Commission
Les Spahnn, Heim, Noack & Spahnn
CALIFORNIA LEGISLATURE-1993-94 REGULAR SESSION
ASSEMBLY BILL No. 3263
Introduced by Assembly Member Campbell
February 24, 1994
An act to amend Section 25534 of the Health and Safety
Code, relating to hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 3263, as introduced, Campbell. Hazardous materials:
risk management and prevention program.
(1) Existing law ,requires an administering agency, if it
makes a preliminary determination that there is a significant
likelihood that a handler's use of an acutely hazardous
material may pose an acutely hazardous materials risk, to
require the handler to prepare and submit a risk management
and prevention program (RMPP). Existing law requires the
handler to review the RMPP, and make any necessary
revisions to the RMPP at least every 3 years, but, in any event,
within 60 days following a modification that would materially
affect the handling of an acutely hazardous material. A
knowing violation of the review and revision requirement,
after reasonable notice of the violation, is a crime.
This bill would require the handler to instead review and,
if necessary, revise the RMPP at least every 3 years, but,in any
event, at least 30 days prior to a modification which would
materially affect the handling of an acutely hazardous
material, thereby imposing a state-mandated local program
by changing_ the definition of a crime.
(2) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish
procedures for making that reimbursement.
This bill would provide that no reimbursement is required
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AB 3263 2
by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee. yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 25,534 of the Health and Safety
2 Code is amended to read:
3 25534. (a) The administering agency shall make a
4 preliminary determination whether there is a significant
5 likelihood that the handler's use of an acutely hazardous
6 material may pose an acutely hazardous materials
7 accident risk.
8 (1) If the administering agency determines that there
9 is a significant likelihood of risk pursuant to this
10 subdivision, it shall require the handler to prepare and to
11 submit an RMPP in accordance with a timetable based on
12 the priority ranking established in subdivision (b) .
13 (2) If the administering agency determines that there
14 is not a significant likelihood of risk pursuant to this
15 subdivision, it may require the preparation and
16 submission of an RMPP, but need not do so if it
17 determines that the likelihood of an acutely hazardous
18 materials accident risk is remote.
19 (3) If the administering agency determines that an
20 economic poison, as defined in Section 12753 of the Food
21 and Agricultural Code, used on a farm or nursery may
22 pose a risk pursuant to this subdivision, the administering
� ?n<szz 23 agency shall first consult with the Department of Food
24 and Agriculture or the county agricultural commissioner
25 to evaluate whether the current RMPP is adequate in
26 relation to the risk. This paragraph does not prohibit, or
27 limit the authority of, an administering agency to conduct
28 its duties under this article.
29 (b) The administering agency shall rank each use of an
30 acutely hazardous material identified pursuant to
31 paragraph (1) of subdivision (a) in terms of the relative
32 risks associated with its use, should an acutely hazardous
33 materials accident occur. The estimation of the relative
34 risks posed by the use of an acutely hazardous material
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- 3 AB 3263
1 shall be based on worst case assumptions regarding the
2 quantity and rate of release of the acutely hazardous
S. 3 material, . air dispersion, toxicity, meteorological
4 conditions, and other pertinent parameters. Based on the
5 estimate of relative risks, the administering agency shall
6 establish a timetable for the submission of the RMPP for
7 the use of the acutely hazardous material.
y 8 (c) The RMPP shall be prepared within 12 months
9 following the request made by the administering agency
a 10 pursuant to this section. The.RMPP shall include all of the
it 11 following elements:
is 12 (1) A description of each accident involving acutely
Is 13 hazardous materials whichhas occurred at the business or
14 facility within three years from the date of the request
is
s i 15 made pursuant to subdivision (a), together with a
'
16 description of the underlying causes of the accident and
° 17 the measures taken, if any', to avoid a recurrence of a
n 18 similar accident.
19 (2) A report specifying the nature, age, and condition
e 20 of the equipment used to handle acutely hazardous
is 21 materials at the business or facility and any schedules for
d 22 testing and maintenance.
it
23 (3) Design, operating, and maintenance controls
is r 24 which minimize the risk of an accident involving acutely
'1 25 hazardous materials.
n 26 (4) Detection, monitoring, or automatic control
27 systems to minimize potential acutely hazardous
Y
28 materials accident risks.
29 (5) A schedule for implementing additional steps to be
30 taken by the business, in response to the findings of the
r 31 assessment performed pursuant to subdivision (d), to
z 32 reduce the risk of an accident involving acutely
r
t 33 hazardous materials. These actions may include any of
34 the following:
35. (A) Installation of alarm, detection, monitoring, or
1 36 automatic control devices.
37 (B) Equipment modifications, repairs, or additions.
38 (C) Changes in the operations, procedures,
s 39 maintenance schedules or facility design.
n.
1
40 (6) Auditing and inspection programs designed to
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AB 3263 —4 —
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-4 -1 allow the handler to confirm that the RMPP is effectively
2 carried out.
3 (7) Recordkeeping procedures for the RMPP.
4 (d) The RMPP shall be based upon an assessment of
5 the processes, operations, and procedures of the business,
6 and shall consider all of the following:
7 (1) The results of a hazard and operability study which
8 identifies the hazards associated with the handling of an
9. acutely hazardous material due to operating error,
10 equipment failure, and external events, which may
11 present an acutely hazardous materials accident risk.
12 (2) For the hazards identified in the hazard and
13 operability studies,.an offsite consequence analysis which,
14 for the most likely hazards, assumes pessimistic air
15 dispersion and other adverse environmental conditions
16 and which includes a clearly prepared map noting the
17 location of the • facility which shows 'the populations
18 considered pursuant to Section 25534.1 and the zones of
19 vulnerability, including the levels of expected exposure
20 in each zone.
21 (e) The business shall submit to the administering
22 agency any additional supporting technical information
23 deemed necessary by the administering agency to clarify
24 information submitted pursuant to subdivision (c) .
25 (f) A handler.shall maintain all records concerning an
26 RMPP for a period of at least five years.
27 (g) The RMPP shall identify, by title, all personnel at
28 the business who are responsible for carrying out the
29 specific elements of the RMPP, and their respective
30 responsibilities, and. the RMPP shall include a detailed
31 training program to ensure that those persons are able to
32 implement the RMPP.
33 (h) The handler shall review the RMPP, and shall
34 make necessary revisions to the RMPP at least every
35 three .years, but, in any event, %4thift 68 Sys fellewing
36 at least 30 days prior to a modification which would
37 materially affect the handling of an acutely hazardous
38 material.
39 (i) Any person who handles acutely hazardous
40 materials and who owns or operates two or more business
99 150
a
— 5 — AB 3263
[y 1 facilities which are substantially identical may prepare a
2 single generic RMPP applicable to all those facilities if the
3 handling of the acutely hazardous materials is
)f 4 substantially similar at all of those facilities.
S, 5 (j) The RMPP, and any revisions required by
6 subdivision (h), shall be certified as complete by a
h f"" 7 qualified person and the facility operator.
n 8 (k) Except as specified in subdivision (d) of Section
r, 9 25535, the handler shall implement all activities and
y 10 programs specified in the RMPP within one year
11 following the. certification made pursuant to subdivision
.d 12 0). Implementation of the RMPP shall include carrying
1, 13 out all operating, maintenance, monitoring, inventory
it 14 control, equipment inspection, auditing, recordkeeping,
is 15 and training programs as required by the RMPP. The
.e 16 administering agency may grant an extension of this
is 17 deadline upon a showing of good cause.
)f 18 (l) The Office of Emergency Services shall adopt, and
,e 19 publish for distribution, guidelines for the preparation
20 and submission of an RMPP. In preparing the guidelines
g 21 for hazard and operability studies, the office shall, at a
n 22 minimum, base its procedural recommendations on those
y 23 set forth in the 1985 Guidelines for Chemical Hazard
24 Evaluation Procedures, prepared by the Center for
n 25 Chemical Process Safety of the American Institute of
26 Chemical Engineers.
�t 27 SEC. 2. No reimbursement is required by this act
e 28 pursuant to Section 6 of Article XIII B of the California
e 29 Constitution because the only costs which may be
d 30 incurred by a local agency or school district will be
0 31 incurred because this act creates a new crime or
32 infraction, changes the definition of a crime or infraction,
ll 33 changes the penalty. for a crime or infraction, or
Y 34 eliminates a crime or infraction. Notwithstanding Section
9 35 17580 of the Government Code, unless otherwise
d 36 specified in this act, the provisions of this act shall become
s 37 operative on the same date that the act takes effect
38 pursuant to the California Constitution.
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