HomeMy WebLinkAboutMINUTES - 05141996 - C28 o: BOARD OF SUPERVISORS
,toNL William Walker, M.D. "f' +•
Contra
Health Services Director Costa
-
DATE: May 8, 1996 County
SUBJECT. SB 1889 (Calderon) - Risk Management and Prevention Program (RMPP)
SPECIFIC M QUi&Sr(S)OR RECONINI NNDATION(S)A BACKGROUND AND JUSrJ1nCAnON
RECOMMENDATION:
Adopt a position of "oppose unless amended" with regard to SB 1889 (Calderon). This bill would replace
the state's Risk Management and Prevention Program (RMPP) with the forthcoming federal Risk
Management Program. The RMPP program is implemented by the Health Services Department's Hazardous
Materials Division for facilities using acutely hazardous materials above threshold levels.
BACKGROUND:
USEPA has developed a Federal program that is similar in concept to California's RMPP. Regulations have
not formally been issued, but have circulated informally. There are important differences between
California's program and the Federal program. Some of the California provisions are more protective of the
public's health and safety, and provide for greater public participation and information, than the Federal
regulations.
California's RMPP has led to a 34% reduction in use and storage of acutely hazardous materials in Contra
Costa. Local industries have voluntarily made hundreds of changes to their practices and procedures as a
result of conducting an RMPP.
FISCAL IMPACT:
None
CONTINUED ON ATTACHMENT: YES xx NO SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON May 14, 1996 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
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.
Contact Person: Elinor Blake (370-5022)
ATTESTED May 14, 1996
CC: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD ql�
Hazardous Materials Division (via HSD) SUP RS AND COUNTY INIST OR
Health Services Director
�. 2
Provisions which should be incorporated into SB 1889 include:
o SB 1889 does not include all the acutely hazardous substances which may pose a risk to the
community. Moreover, the amount of each substance that a business must use before the law is
triggered -- the "threshold quantity" -- is too high. (For instance, if the threshold quantity of
chlorine were released over a 10-minute period, people would be affected as far as nearly 7 miles
away, and over 3 miles away in the case of ammonia.)
o SB 1889 provides a mechanism for local agencies responsible for the program to add chemicals or
reduce the threshold quantities. Local agencies have that option now, but the bill would add
onerous and expensive steps to the agencies'process, ones that local agencies (including the Health
Services Department) are not equipped to carry out.
o The bill provides for only a summary of the risk management plan to be made available to the
public. Currently, a detailed description of the RMPP is available for public review. The Health
Services Department responds in writing to each comment from the public; there is no such
provision in SB 1889.
o Existing law requires firms to conduct a natural disaster analysis to consider, for example, accidents
that could happen in an earthquake and how to prevent them. SB 1889 does not require that
analysis.
o Across the United States and internationally, businesses that use acutely hazardous materials and
professionals in this field are turning to "inherently safer practices" as the best approach to safety.
The concept of inherently safer practices is to minimize the risk of a new process during the
conceptual stage by evaluating and comparing the risk of alternative designs. This can include
finding alternative chemicals that are not as hazardous. The inherent safety approach should be
incorporated into SB 1889.