HomeMy WebLinkAboutMINUTES - 06031997 - SD3 Tg: BOARD OF SUPERVISORS a_-8
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",OM. Leslie Stewart, Chair e"' ' `s Costa
Hazardous Materials Commission
County
DATE: June 3, 1997
SUBJECT: Support for Federal Funding of the Chemical Safety and Hazard Investigation Board (CSHIB)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) &BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Chair to execute letters to the County's Congressional delegation
and the President in support of funding for the Chemical Safety and Hazard Investigation Board.
The Board is an independent non-regulatory federal program modeled after the National
Transportation Safety Board, empowered to investigate .and issue reports on serious chemical
incidents, and recommend ways to improve safety at facilities throughout the country.
II. REASONS FOR RECOMMENDATIONS/BACKGROUND:
As documented by the Health Services Department in its August 29, 1996 report to the Board, 37
hazardous materials incidents in the county in the six previous years had the potential to harm the
public's health, the environment, or property -- an average of one every two months. There have
been several more such incidents since that report was prepared. Equally serious incidents occur
elsewhere in California and the United States at facilities very similar to those we have here.
The FY 1998 federal budget is now moving through Congress. The Office of Management and
Budget has not included the Board's appropriation request (6 million dollars). According to
Congressman George Miller, the Administration has suggested that OSHA and the USEPA perform
the Chemical Safety and Hazard Investigation Board's duties. Those agencies, however, have
neither the focus nor the legal authority to do the job the Chemical Safety and Hazard Investigation
Board is charged with. In addition, the concern about subsequent regulatory action by OSHA and
USEPA can interfere with the free flow of information necessary to address incident root cause
issues. This and liability concerns are key factors in the nationwide absence of reliable data on the
causes of incidents.
Although it is a national body, the Chemical Safety and Hazard Investigation Board's reports and
research into the causes and analysis of incidents would provide important information not now
available that could lead directly to accident prevention measures here in Contra Costa County, and
a reduction in hazardous materials incidents locally.
The Hazardous Materials Commission has reviewed the Chemical Safety and Hazard Investigation
Board's membership and mandate, and voted to recommend its support by the Board of Supervisors.
Since the Commission's action in April, further local support has come from Congressman Miller,
who has spoken widely in the District on the Board's behalf, and from the Contra Costa Times,
which published an editorial in the Board's favor (attached).
III. FISCAL IMPACT: None
CONTINUED ON ATTACHMENT: X YES _NO SIGNATURE:X"
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF RD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON June 3, 1997 APPROVED AS RECOMMENDED OTHER X
Please See Addendum (AttAched ) for a list of speakers. and Board Action.
VOTE OF SUPERVISORS
I 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
CC: Health Services Director ATTESTED __4u_qP 3, 1997
Hazardous Materials Commission(via HSD) PHIL BATC LDCOU
RK OF THE BOA
Hazardous Materials Department(via HSD) SUPE ADMIN
BY
Fund chenucal unit
0'NE OF THE LEAST WORTHY tricks lawmakers pull is to
pass a law or set up a board to look into a critical public
need then turn their backs on putting up the money to
make it work.Take,for example,the Chemical Safety and
Hazardous Investigation Board created by a 1990 law
+ passed in the wake of several deadly industrial accidents.As this area
knows,there is a need for high-level,expert probing into the cause of
major refinery accidents.The chemical safety board was designed to
do just that.Not specifically aimed at the local spills and toxic releases,
it would have addressed the problem on a national scale, much like the
NAtional Transportation Safety Board investigates plane crashes.
It,, The goal of the transportation board is to find what causes planes
to-crash, share the information on a national basis, and try to make
planes safer.The chemical hazard board was designed to do the same
things. It did not succeed for a couple of reasons.
s= 1.The board has never met in all the seven years of its existence.
{ 2. It hasn't met because Congress and the president have never
fifnded it.
The chairman of the nonfunctioning board, Paul Hill, a chemical
expert from Charleston, W. Va., was in Contra Costa County earlier
this year and was interviewed by The Times. He gave a chilling an-
4�ver to a question about why his board has been treated differently
than the board that investigates plane accidents:
"If a plane goes down;"he said,"it's very tragic.You have 150 peo-
p)e killed instantly.It's very moving.It calls for a national response to
giake sure it doesn't happen again. Chemical accidents happen more
often, but they are less dramatic in most cases."
That's an explanation. But it is not an excuse. There may be hope.
When Rep.George Miller was in Rodeo Saturday he told a group of con-
' &reed residents that he and others,including Sen.Barbara Boxer,were
how pushing to find money for the board. Those efforts are overdue.
They need to be pursued vigorously to a conclusion that is only accept-
able if it includes enough money to make this 7-year-old investigative
board fully functioning. It's time to put a stop to the self-serving, short-
sighted, and stinting doings of a Congress that sets up a Worthy
appa-ratus to address a public need,then starves it of the means to do its job.
t
i
SD.3
ADDENDUM
Item SD.3
June 3, 1997
Leslie Stewart, Chair, Hazardous Materials Commission, presented the attached
report to the Board.
Subsequent to the presentation, Chairman DeSaulnier invited the public to comment
on the issues and the following persons spoke:
Wally Shoults, Member, Hazardous Materials Commission, 2977 Grant
Street, Concord;
Sabiha Gocken, Ph.D., Member, Hazardous Materials Commission, 2047
Olympic Drive, Martinez;
Tom Lindemuth, Kleinfelder & Associates, Member, Hazardous
Materials Commission, 501 Daisy Place, Pleasant Hill;
Cathy Ivers, 321 "G" Street, Martinez; and
Jim Payne, Oil Chemical and Atomic Workers' Union (OCAW),
P.O. Box 428, Martinez.
All persons desiring to speak having been heard, Chairman DeSaulnier ended public
comment on the matter.
The Board members discussed the issues and then took the following action:
1. APPROVED and AUTHORIZED the Chair, Board of Supervisors, to execute
letters to the County's Congressional delegation and the President in support
of funding for the Chemical Safety and Hazard Investigation Board. The
Board is an independent non-regulatory federal program modeled after the
National Transportation Safety Board, empowered to investigate and issue
reports on serious chemical incidents, and recommend ways to improve safety
at facilities throughout the country; and
2. REQUESTED Health Services staff assist with the drafting of the letters
including: relating some of the County's recent experiences to illustrate the
need to fund this Board, and conveying the County's concerns about
duplication of current services.
cc: Supervisors
County Administrator
Health Services Director
Hazardous Materials Department (via HSD)
Hazardous Materials Commission (via HSD)