HomeMy WebLinkAboutMINUTES - 03121996 - SD2 Contra
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TO: BOARD OF SUPERVISORS o� ,�,,.� iS Costa
FROM: HARVEY E. BRAGDON
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COUnty
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DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: March 12, 1996
SUBJECT: RATIFICATION OF HEALTH SERVICES DEPARTMENT DECISIONS REGARDING SHELL
OIL COMPANY'S COMPLIANCE WITH CONDITIONS OF APPROVAL (LUP 2009-92)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 . Accept the report from the Director of Community Development
regarding Shell Oil Company' s compliance with Condition #23 of
their land use permit.
2 . Clarify whether the Board intended for Condition #23 to be
ratified by the Board.
3 . If the Board intended that Condition #23 be scheduled on the
Consent Calender, ratify the Health Services Department' s
decisions that Shell Oil Company has complied with Condition
#23 for the following:
• Additives System
• Alkylate Storage System
• Boiler Feedwater Treatment
• C5 Storage Tanks
• Cracked Gasoline Depentanizer
• Cogeneration Unit
• Cooling Water Tower
• Decyclohexanizer
• Flares
• Hydrogen Plant No. 3
• Isomerization Unit
• Lube Hydrotreater No.2
• Process Water System t
• Recovered Oil Tank
CONTINUED ON ATTACHMENT: XX YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO DAT 0 OF O COMMITTEE
APPROVE OTHER
S I GNATURE (S) :
ACTION OF BOARD ON 1,11, J9 APPROVED AS RECOMMENDED OTHER X
Following presentation of the staff report on this item by Dennis Barry,
Community Development Department, Supervisor DeSaulnier moved that the
Board continue to ratify but to use the period for start up testing to
enable Shell to expedite through the process . Supervisor Torlakson
seconded the motion.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT 3 TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: CDD - Catherine Kutsuris (5-1237) ATTESTED
cc: CDD - (D. Barry, D. Sanderson) PHIL TCHELOR, CLERK OF
Hazardous Materials Division (L.Pascalli,Jr.) THE BOARD OF SUPERVISORS
Shell Oil Company (E Swieczsz) AND OUN MINISTRATOR
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Board Order
March 12, 1996
Page Two
FISCAL IMPACT
None. Land use permit fees and fees paid by Shell Oil Company to
the Health Services Department cover all County costs.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Background:
Shell' s land use permit (Condition #22) requires the submittal of
Hazard and Operability studies and accident consequence analyses
for all components of their Clean Fuels Project with the exception
of control rooms, maintenance/warehouse buildings and the office
building. The reports identify corrective actions to be taken in
order to reduce the risk of an upset event. These reports are
reviewed by the Health Services Department and approved by the
Zoning Administrator. The Health Services Department has added
additional corrective measures as part of their review of the
reports .
Consistent with the permit requirements, all Zoning Administrator
decisions with respect to the approval of these reports have been
scheduled before the Board for ratification. Over the past ten
months, the Zoning Administrator' s decisions for each of the units
identified in Recommendation #3 above have been ratified by the
Board.
Condition #23 of their permit requires Shell to demonstrate to the
satisfaction of the County Health Services Department that the
measures detailed in the approved studies are implemented prior to
the startup of any unit. In short, Condition #23 specifies that
Shell Oil may not start up a unit until the Health Services
Department staff verifies that each of the measures detailed in the
approved study have been implemented. Shell Oil has adequately
demonstrated compliance to the Health Services Department for each
of the project units for which a hazard and operability study and
accident consequence analysis was prepared, and start up of these
units was allowed.
Reasons for Recommendations :
Shell' s land use permit includes an internal inconsistency with
respect to Condition #23 . The permit states that Zoning
Administrator' s decisions regarding Conditions 12, 13, 18-25 and
35 must be placed on the Consent Calendar of the Board' s next
meeting for ratification. All of these listed conditions, with the
exception of Condition 423, are Zoning Administrator decisions.
Condition #23 is a decision of the Health Services Department
Hazardous Materials Division staff. Further, the decisions made
with respect to Condition #23 are limited to ensuring that the
measures in the report which was ratified by the Board as part of
Condition #22 have been implemented.
Since this condition may be interpreted more than one way, staff is
bringing this issue to the Board for clarification. Since
Condition #23 simply provides for a staff level check that the
measures ratified by the Board have been implemented, the Board may
not find merit in determining that ratification of the staff level
check was intended. Should the Board determine that Condition #23
Board Order
March 12, 1996
Page Three
requires Board ratification, the previous Health Department
decisions with respect to this condition should be ratified. Shell
Oil Company believes that the additional time necessary to agendize
an item for a Board meeting would cause operation scheduling
difficulties since at times some of the mitigation measures are not
completed (and therefor not verified by the Health Department
staff) until one to two days prior to start up.
If the Board concurs with Shell but also believes that ratification
is necessary, the Board could specify that the Health Department
check is required prior to startup, but that the ratification could
occur during the "start-up/testing" period. Staff has
conservatively interpreted "start-up" to mean the time when
hydrocarbons first enter the system. After that time, there is a
"startup/testing" period of several weeks before the unit is fully
on line. Board ratification could occur during this time without
causing any delays in commercial operations for Shell .
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