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HomeMy WebLinkAboutMINUTES - 03021999 - D1A D114 r TO: BOARD ON SUPERVISORS `tE COI1Lrt _. FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR ��'' Costa County DATE: March 2, 1999 SUBJECT: FOLLOW-UP REPORT ON TOSCO REFINERY INCIDENT OF FEBRUARY 23, 1999 SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. ACKNOWLEDGE that the Board requested a great deal of information at its meeting on February 27, 1999, that staff has worked diligently to assemble as much of the information as possible but it may not be possible to fully answer all of the questions today and a subsequent report may need to be made to the Board at a later date. 2. ACKNOWLEDGE receipt of a copy of the letter to Tosco Chairman Thomas D. O'Malley whichwas faxed to Tosco on February 27, 1999. (Attachment # 1) The letter asked that Tosco take the following steps: A. Voluntarily agree to place the Avon Refinery in a "stand dawn" mode. B. During the period of the "stand down", agree to continue your employees at their current salary and benefit status. C. Agree to voluntarily comply with the current Industrial Safety Ordinance. D. Join with Contra Costa County in requesting the assistance of the United States Chemical Safety and Hazard Investigation Board to conduct a complete safety audit of the Avon Refinery. CONTINUED ON ATTACHMENT: _-]L_YES SIGNATURE:2L-A f:�;&e"!, RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURIEfS): ACTION OF BOARD ON March 2, t 999 APPROVED AS RECOMMENDED OTHER SEE ADDENDUM FOR BOARD ACTION VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ASSENT none ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON T GATE SHOWN. �v ATTESTED Contact: PHIL BATCHELOR,CLERK OF THE'BOARD OF CC. See Page / S 7 PERVISORS AND COUNTY ADMINISTRATOR BY .DEPUTY 3. ACKNOWLEDGE receipt of a copy of a letter which was sent by the Chairman to the Chemical Safety and Hazard Investigation Board on March 1, 1999 asking that they agree to conduct a safety audit of the Tosco Avon Refinery. (Attachment# 2) 4. ACKNOWLEDGE receipt of a copy of the ;,letter which was sent to the Chemical Safety and Hazard Investigation Beard on March 1, 1999 by the CountyAdministrator and Health Services Director, asking that they agree to conduct a safety audit of the Tosco Avon Refinery. (Attachment# 3) 5. ACKNOWLEDGE receipt of a copy of the letter which was delivered to the Tosca Refinery Manager on March 1 1999 requesting answers to the questions the Board Members raised on February 27, 1999. (Attachment# 4) 6. ACKNOWLEDGE the following responses from Tosco to questions posed to them (Attachment# 5): A. Does the Avon refinery have a written permitting process? The operation of the Avon Refinery is subject to several permits which regulate the discharge of certain`substances to the air and water. In addition, construction at the refinery is subject to the issuance of land use permits. Finally, the refinery maintains written permit procedures for work done within the facility: B. Can we obtain access to any computerized maintenance records? Yes, it is possible to obtain access to Avon's daily maintenance tracking system. C. How many safety and training people are at the Avon refinery now and how does that compare with the period immediately before the merger with Rodeo. Tosco believes that safe operations are the responsibility of each and every employee in the plant and that this responsibility cannot be assigned solely to a single staff organization, such as a Health & Safety Group. There are currently 20 employees in safety, training; and Process Safety Management who either work exclusively at Avon or have dual responsibilities at Avon and Rodeo. Administrative and training positions generally have joint oversight for programs at both Avon and Rodeo. Prior to our acquisition of 'Rodeo, there were approximately 23 people in safety, 'training, and Process Safety' Management roles at Avon. D. It is alleged that a number of employees have had their role and function changed in that they are now asked to do double duty as fire response people as well as their normal duties. To what extent is this true. No rales or functions have been changed. However, the Avon Refinery is currently developing a plan to train designated operators to act as first responders in the event' of any emergency. These operators work in areas where they could be expected to safely stop 2 their activities and respond to an incident. Under the plan,Avon would continue to maintain a volunteer fire response team, intendedto relieve the first responders as soon as they arrived on scene. We have detailed operating procedures for both routine operations and emergencies. This includes well thought-out plans for staffing and securing the plant while responding to an incident or emergency. Again, the proposed training plan would improve our current response' capabilities and align Avon with current industry practices, including those in place at other Tosco facilities. The plan is under discussion with the Union and has not yet been implemented.` E. How many maintenance workers, whether employees or contractors, are at Avon now and how does that compare with immediately before the merger with Rodeo? Currently there are 126'hourly Tosca employees and approximately 44 contractors for a total of 170 workers handling routine (day to day) maintenance. In early 1997, there were approximately 105 hourly Tosco employees and 90 contractors for total of 195 'workers handling routine maintenance. Numerous additional contractors are hired for engineering projects and turnarounds. Overall maintenance expenditures have remained constant over the past two years. F. What procedures are in place to monitor empty lines? Empty pipelines or other process equipment are treated as though they are in service until they have been completely isolated' from all other operating equipment per Avon safety procedures. G. What would' be involved in a shutdown procedure? Units would be shutdown in a planned 'sequence >according, to approved procedures. How long would it take? Several weeks for the whole Refinery. How long will it take to make repairs to Crude Unit 50? Unknown at this time, as restricted access has prevented completion of the damage assessment.' How long will it take to bring the refinery back on line after a total` shutdown? Several weeks and possibly longer depending on the length of time the Refinery has been shutdown. How long would it take to bring the refinery back on line after a stand down? See previous answer: 3 H. May we have access to the most recent "Solomon Report" (Semi Annual Report on U.S. Refining) for the Avon Refinery. The most recent Avon report was prepared in 1992. That report was prepared under a confidentiality agreement which prohibits disclosure without Solomon's consent. In addition, we are in the process of compiling and producing to OSHA and County HSD investigators much of the information: requested in the attachment prepared by Supervisor Gioia. As you can well understand,the requested information is quite voluminous and will take some time to prepare. We have been and will continue to produce this information to the investigators'as quickly as reasonably possible. 7. ACKNOWLEDGE receipt of a copy of an Emergency Response and Commend Summary from the Contra Costa County Fire Protection District regarding their involvement in the Tosco Avon incident. (Attachment # 6) The summary details the personnel and equipment that were made available to Tosco and the role each unit performed during the rescue effort. 8. ACKNOWLEDGE receipt of a report from the County Administrator and Fire District regarding'the potential impact of annexing the Tosco Refinery property to the Fire District. (Attachment° # 7) The report notes that annexation to the Fire District would allow the fire District to exercise provisions for fire suppression on Tosco property and would necessitate a careful review of the Fire District's ability to fund and provide the personnel, facilities and equipment necessary to provide adequate fire suppression to Tosco: 9. ACKNOWLEDGE receipt of a report from the County Counsel on the legal steps that would have to be followed in order to annex the Tosco Avon property to the Fire District. (Attachment# 8) The report indicates that the Board of Supervisors could apply to LAFCO for annexation of the Refinery territory to the Fire District. LAFCO would hold a hearing and could either approve or deny the application. If approved,the Board of Supervisors would be the conducting authority and would hold a noticed hearing on the proposed annexation to receive any protests. The report also points out, however, that Tosco, as the sole property owner, has an effective veto over the annexation if they were to decide it was not to their advantage to be annexed. 10. ACKNOWLEDGE receipt of a report from the County Administrator, Auditor- Controller and Assessor on the property tax which is generated by Tosco annually ($6,602,9671), which is distributed as follows: Schools $4,479,251 County General Fund $1,354,117 East Bay Regional Park District $ 279,669 County Library $ 139,184 All others (9 agencies) $ 350,746 (Attachment# 9) 1 This amount represents only the property tax paid by Tosco. In the same area are several other businesses, including a co-generation plant and chemical plant, most of which would probably be affected by a shutdown at Tosco. The additional property tax paid by these other'businesses totals $950,000 annually. 4 11. ACKNOWLEDGE thatthe County Administrator reports that Tosco generates $83,000 in sales tax revenue to the County annually. 12. ACKNOWLEDGE that the Chief of the Contra Costa County Fire Protection District estimates that in order to provide adequate fire protection to the Tosco Refinery if it were a pert of the Fire District would require locating a new fire station in close proximity to the refinery and that the capital costs for land, a station and equipmentwould total approximately$2,150,000, with an annual operational cost of approximately $1,300,000. 13. ACKNOWLEDGE receipt of a'copy of the Cal-OSHA Citation and Notification of Penalty report dated July 10, 1997 which the Board asked be made available to all Board members. This is the report which resulted from the investigation following the January 21, 1997 incident in which a pipe exploded in the Hydrocracker Unit at Tosco's Avon Refinery, killing one worker and injuring numerous additional workers. (Attachment# 10) 14. ACKNOWLEDGE that the California Department of Commerce, Office of Economic Research, in 1993 concluded that for petroleum products jobs the impact on the community from loss of a job results in a multiplier effect for industrial spending alone of 2.49 times the value of the lost job and when consumer spending is included the multiplier effect is 2.83 times the value of the lost'job. This means that the loss of 825 jobs at Tosco resulting from a shutdown might translate into a job loss in the larger community totaling more than 2,300 jobs. 15. ACKNOWLEDGE that the County Administrator's Office has notified each member of the County's legislative and congressional delegation of the Board's meeting on March 2, 1999 regarding the Tosco incident and has invited the members of the delegation or a member of their staff to attend the meeting. 16. ACKNOWLEDGE that the District Attorney has been requested to meet with the Board in session on March 2, 1999, as requested by the Board, concerning public nuisance abatement: 17. ACKNOWLEDGE that the County Assessor has been requested to be available to answer any questions the Board' members may have. 18. RECEIVE this follow-up report from the County 'Administrator, based on requests made by the Board on February 27, 1999, 19. ACKNOWLEDGE' the February 27, 1999 report from the County Administrator and Health Services Director which was provided to the Board on February 27, 1999. (Attachment# 1`1) 20. RECOGNIZE the Chairman of the Tosco Corporation, Thomas D. O'Malley, and/or members of his staff for the purpose of making a'presentation to the Board. 21. RECEIVE any public testimony. 5 INTRODUCTION On Saturday, February 27, 1999, the Board of Supervisors held a special meeting in the form of a workshop on the Tosco Avon Refinery incident which occurred February 23, 1999, that resulted in the death of four workersat the refinery. A number of issues were raised at the meeting and the Board requested a number of additional pieces of information. The Board''directed that a letter be sent to the Chairman and CEO of'Tosco Corporation asking that Tosco' take`the following steps; 1. Voluntarily agree to place the Avon Refinery in a "stand down" mode. 2. During the period of the "stand down", agree to continue your employees at their current salary and benefit status. 3. Agree to voluntarily comply with the current Industrial Safety Ordinance. 4. Join with Contra Costa County in requesting the assistance of the United States Chemical Safety and Hazard Investigation Board to conduct a complete safety audit of the Avon Refinery. That letter was prepared and faxed to Tosco on Saturday evening, February 27, 1999 at about 9.30 P.M. A copy of the letter is attached as Attachment# 1. The Chairman sent a letter to the Chemical Safety and Hazard Investigation Board on March 1, 1999, asking that they consider doing a safety audit of Tosco Avon Refinery. A copy of this letter is attached as Attachment# 2. The Board also directed that staff send a letter to the Chemical'Safety and Hazard Investigation Board asking that they consider doing a safety audit of Tosco Avon Refinery. That letter was signed by the County Administrator and Health Services Director and was sent to Dr. Paul Hill on March 1,'1999. A copy of this letter is attached as Attachment# 3. Following the public testimony on February 27, 1999, the Board Members raised a number of questions and identified additional information they wanted to have available on March'2, 1999. The information requested from Tosco was put into a letter which was hand delivered to the Refinery Manager on Monday morning, March 1, 1999. A copy of that letter is attached as Attachment#4 Tosco responded on the evening of March 1, 1999. The questions that were raised with them and their responses are included as Attachment# 5. The Board Members also requested numerous other pieces of information, including the following: Requested the District Attorney to investigate as quickly as possible whether a public nuisance exists and report back to the Board and to meet with the Board in closed session. The District Attorney has been asked to meet with the Board in closed session. 6` Asked the Assessor to be available and to provide an analysis of what impact there would be on property tax revenue from a closure of Tosco for several weeks or months. The Assessor has been asked to be available to address the Board on this issue. The County Administrator was asked to Invite all members of the County's legislative and congressional 'delegations to be present' or have a staff person present on Tuesday. This has been done. Try to determine the impact of a shutdown beton the community. This has been done - see recommendation # 14. cc County Administrator Chief, Contra Costa County Fire Protection District Sheriff Coroner Health Services Director Director, Office of Emergency Services Director, Emergency Medical Services, HSD Director, Hazardous Materials Division, HSD Larry Ziemba, Refinery Manager, Tosco Avon, 150 Solano Way, Martinez 7 ADDENDUM TO ITEM D.1 Agenda March 2, 1999 On this date,the Board of Supervisors received and considered a report from the County Administrator and the Health Services Director on the February 23 1999 incident at the Tosco Avon Refinery. Additionally,the Board received and considered the remarks of Thomas D. O'Malley,Chairman and Chief Executive''Officer, Tosco Corporation. In his address to the Board,Mr. O'Malley confirmed that Tosco Corporation would take the steps requested in the letter dated February 27, 1999 from the Board Chair, including a voluntary"stand down"of the Avon Refinery, continuance of current salary and benefit status for the employees of Avon Refinery, compliance with the current Industrial Safety Ordinance, and joint participation with the County in requesting the assistance of the United States Chemical Safety and Hazard Investigation Board to conduct a safety audit of the Avon Refinery. Chairman Canciamilla invited the public to comment. The following persons presented testimony: John Dalrymple, Central Labor Council, 525 Green Street,Martinez; Donald R. Brown, 1801 Sonoma Boulevard,'Vallejo; Henry Clark, 1019 McDonald, Richmond; Paulette Lagana, CAP-IT, P.O. Box 1128, Pittsburg Paul Craig, Communities for a Safe Martinez Environment, 623 Lafayette, Martinez; Denny Larson,'Citizens for a Better Environment, 329 Railroad Ave, Pittsburg, Maria Alegria,`Mayor of Pinole, Mayor's Conference Representative for the Contra Costa, County Hazardous Materials Commission; Wally Shoults,'2977 Grant Street, Concord; Leslie Stewart, Hazardous Materials Commission, 3398 Wren Ave, Concord Tracey Blue, sister of accident victim Rollin Blue;428 Little River Way, Sacramento; Gail Bateson,29 Ardmore Road, Kensington; Greg Feere, Centra Costa Building Trades Council, 935 Alhambra Ave, Martinez; Kasha Kessler; SEA, 1540 Arbutus, Walnut Creek; JoAnne Moore, 90 F Street#134,Martinez, Daniel C. Sampson, 34 Carroll Street,Vallejo Howard Spencer, Paper,Allied&Industrial, Chemical&Energy (PACE), 432 First Street, Rodeo; Kay McVay,3644 Ranchford Court, Concord;' Mr. Freeman, 3350 San Pablo Dam Road, El Sobrante; Mark Nolan, 40 Foster Street#3, Martinez; Ethel Dotson, 396 South Street, Richmond, Chuck Flagg,Martinez Refining Company, P.O. Box 711,Martinez; Tina VanArsdale, 1303 Roseann Drive,Martinez; Jim Payne,PACE, P.O. Box 349,Martinez. The following persons chose not to speak but to leave written comments for the Board to consider: Doris Copperman,New Health Care Coalition of Contra Costa County, P.O. Box 271437, Concord; E.Breiner, Bay Area Instrument& Electric, Inc, 175 Industrial Way, Benicia; Mario DiGiovanni,Monsanto Company, 1778 Monsanto Way,Martinez; Joh Ryncarz, Cal Neva Environmental, 1953 A Shary Circle, Concord; Tony Chienat, Tosco; Mike DeLeon, 1680'Manor Lane, Concord; Julie Boyce, 639 Mt Olnet Court, Clayton; K rti Shah, 110 Rock Oak Court,Walnut Creek; Ellen Barker, 522 Oakshire`Place, Alamo Richard Philip'Wagner, P.O. Box 493, Gustine Paul Kerr,Bay Area Instrument& Electric, Inc., 175 Industrial Way,Benicia; Winton Jones, 1949 Arnold'Industrial Way, Concord. Page i of 2 After further discussion the Board took the following actions:' A. ACCEPTED the staff reports and the recommendations therein; B. DIRECTED the Health Services Department to: 1. Assist in expediting the safety audit at the Avon Refinery; 2. ''Return to the Board with a status report on the safety audit as soon as possible 3. Return to the Board with information'regarding pending Cal- OSHA legislation; 4. Work with Tosco on the development of "good neighbor agreement"' 5. Increase the County staff oversight at the Tosco Rodeo Refinery; 6. Provide the Board with a further analysis of issues'regarding the annexation of Tosco Avon Refinery to the Contra Costa County Fire District; C. REFERRED to the Finance Committee the matter of possible annexation of the Tosco Avon Refinery to the Contra Costa County Fire District; D. REQUESTED of Tosco Corporation the reinstatement of their fire and hazardous materials teams,a commitment'regarding future salary and benefit payments to the employees of the Tosco Avon Refinery; and a written confirmation of the commitments made by Mr. Thomas O'Malley, Chairman,and Chief Executive Officer, in his oral presentation to the Board; E. DIRECTED that the District Attorney continue research and review of potential legal''action, and return to the Board with any recommendations; F. REQUESTED that the County's legislative delegation review the facts surrounding the incident of February 23, 1999 for possible future legislation; and G. REFERRED to the Hazardous Materials Commision a request for recommendation to the Board regarding a public review process for the safety audit and any final recommendations that come from that audit.. Page 2 of'2 The Board ofu ervisors P c«c l l -t ATTACHMENT C;r)lir)IV Ailuurm.li.,li,,.r i:i.U,1„ ,i Costa # 1 Brit Ialw !` Iwel H 1(11, {/�� / tAtitut, t..1114.rr ' , i I, a Count V John Gioia, 1:.t I), It, l JJJ Gayle 01kema.:.1ct{i Donna Gerber,3rd Drslnet Mark DeSautnier,4th Drslrict Joe Canciamilta, 5th Distuct % { February 27, 1999 Thomas D. O'Malley, Chairman and Chief Executive Officer Tosco Corporation 72 Cummings Point Road Stamford, CT 06902 Dear Mr. O'Malley: As a result of the recent tragedy at the Tosco Avon Refinery, we feel it is imperative that you consider taking steps to provide for the safety of your employees and our community. Therefore, we are requesting that you take the following steps: 1. Voluntarily agree to place the Avon Refinery in a "stand down" mode. 2. During the period of the "stand down", agree to continue your employees at their current salary and benefit status. 3. Agree to voluntarily comply with the current Industrial Safety Ordinance. 4. Join with Contra Costa County in requesting the assistance of the United States Chemical Safety and Hazard Investigation 'Board to conduct a complete safety audit of the Avon Refinery. Thomas D. O'Malley, Chairman and ChiefExecutive Officer Tosco Corporation February 27, 1999 Page 2 We respectfully request Tosco's response on each of these items when Tosco makes' its report to the Contra Costa County, California Board of Supervisors on Tuesday, March 2, 1999 at 9:40 A.M., Room 107, Board of Supervisors Chambers County Administration Building, 651 Pine Street, Martinez, California. Sincerely, JOSEPH CANCIAMILLA, CHAIRMAN C'ONT'RA COSTA COUNTY BOARD OF SUPERVISORS cc: Dwight Wiggins, President, Tosco Refining Company Larry M. Ziemba, Vice President-Refining San Francisco Area Refinery 150 Solaro Way Martinez, CA 94553 MAR-01-1999 16:44 SllPERUISOR CANCIAMILLA 9254278142 P.01/01 Joseph Cans am lla 31,5 East Leland Road Supervisor,District five - Pittsburg,CA 94565 (925)427-8138 Contra Costa County Board of Supervisors (925)427-f3142 Fax (925)634.5915 Toll Free March 1, 1999 ATTACHMENT Dr. Paul Hill # 2 U. S. Chemical Safety and Hazard Investigation Board _ 2175 K Street, N.W., Suite 400 Washington, D.C. 20037 Re TOSCO Investigation Dear Dr. Hill, I am writing on behalf of the Contra Costa County Board of Supervisors to urge your Boards acceptance of and participation in the investigation of the recent explosion at the TOSCO Avon Refinery. As you are aware there are a number of current investigations underway including those by'O.S.H.A. and our own County. Despite these efforts, your Boards independence and lack of regulatory authority would be viewed as the most impartial and thus as potentially the most helpful.' We realize that as'a new organization you have limited staff and resources. I can assure you that our Board and staff would da everything within our power to assist with and to expedite any investigation,'which you might commence at TOSCO, Should you determine that such an effort is not possible at this time I would then personally request your assistance in identifying investigatory options which could provide a similar level of neutrality. Thank you for your team's assistance with the effort to date and we look' forward to your Boards success in the future. Sinc ely, PH ANCIAMILLA,' CHAIR oard Supervisors Cc Board of Supervisors Hon. George Miller, M.C. Thomas O'Malley Dwight Wiggins' Antioch 9 Say Point Bethel Island Brentwood Byron Discovery Bay • Knightsen • Oakley • Pittsburg TOTAL P.01 The Board of Supervisors Contra itche�or County Administration Buildinq Costa ATTACHMENT "`' 651 Pile Street, Room:106 # 3 Martinez. California 94553-1293 County John Gioia. t st District Gayle Uilkema,2nd District Donna Gerber,3rd District t Mark Desautnier,4th District Joe Canciamitta,5th District �>y , March 1, 1999 Dr. Paul Hill Chairman and CEO Chemical Safety and Hazard Investigation Board 2175 K. Street, Suite 400 Washington, DC 20037 Dear Dr. Hili: We are aware that the U.S. Chemical Safety and Hazard Investigation Board already has a full agenda and multiple priorities. However,we are making an urgent appeal to you to assist our community by agreeing that your Board perform a safety audit on the Tosca Avon Refinery. Enclosed,please find a letter from Joe Canciamilla, Chair of the Contra Costa Board of Supervisors. This letter,signed on behalf of the Board of Supervisors, requests that the Tosco Avon Refinery stand down until an audit can be performed. By allocating a portion of your scarce resources,you will provide hope to the employees whose livelihood depends on their jobs at Tosco Avon. They are currently torn between the necessity to make a living and provide for their families. They are concerned that they cannot do their work in a'safe manner, considering seven of their colleagues have died in accidents at this plant since 1983. By assisting our community in this important endeavor,you will assist in saving other employees from being injured or killed in the future. We will provide County resources to work with you and assist in underwriting this effort,if necessary. We very much appreciate your careful consideration of this request. Sincerely, In Phil Batchelor William Walker, M.D. County Administrator Director of Health Services Enclosure cc: Members of the Board of Supervisors Clerk of the Board' Thomas O'Malley, CEO, Tosco Dwight Wiggins,President,Tosco Larry Ziemba,Plant Manager,Tosco Avon Refinery County Administrator Contra Count:Art„,„sWitior,1301 j5r r, Costa ATTACHMENT 651 111ne Street 11",Floor # A Alarli t_ Gatktorni a 1)q5� ' i?gs1 ii 'f 1925) 335-1080 CountJJ (925) 335-1098 FAX Mark DeSaulnier Phil Batchelor 4" District County Administrator Joe Canciamilta r 51 District r r Gsy'd.COEfi1fi.. March 1 , 1999 Larry M Ziemba, Refinery Manager San Francisco Area Refinery Tosco Refining Company 150 Solano Way Martinez, CA 94553 Dear Mr. Ziemba: As a result of the workshop heldon Saturday, February 27, 1999 and following receipt of several hours of testimony, the Board of Supervisors has requested that we provide as much of the following information as possible at the March 2, 1999 Board meeting. This information is in addition to the answers to the questions which were contained in Chairman Canciamilia's February 27, 1999 letter to Mr. O'Malley. 1. Does the Avon refinery have a written permitting process? 2. Can we obtain access to any computerized maintenance records. 3. How many safety and training people are at the Avon refinery now and how does that compare with the period immediately before the merger with Rodeo. 4. It is alleged that a number of employees have had their role and function changed in that they are now asked to do double duty as fire response people as well as their normal duties. To what extent is this true. 5. Haw many maintenance workers, whether employees or contractors, are at Avon now and how does that compare with immediately before the merger with Rodeo?` Larry M. Ziemba, Refinery Manager March 1, 1999 Page 2 6. What procedures are in place to monitor empty lines? 7. What would be involved in a shutdown procedure? • How Zang would it take? • How long will it take to make repairs to Crude Unit 50? • How long will it take to bring the refinery back on line after a total shutdown? • How long would it take to bring the refinery back on line after a standpwn? 8. May we have access to the most recent "Soloman Report (Semi-Annual Report on U.S. Refining) for the Avon Refinery In addition, please see the attached list of questions from Supervisor Gioia. Very truly yours, Phil Batchelor County Administrator PBamb Tosco-letterliemba Attachment (,( iltt'�1 '1 'f?Sf�l '(?Ett11�' r����. 100 37+i Strict, Room 270 a Richmond, CA 9,4805 Office of Supervisor j` 1' 510-374-3231 John Gioia, District 1 ash ,:,u+,��v�'� F 510-374-3429 February 26, 1999 TO: Board of Supervisors FROM: Supervisor John Gioia SU13JECT: Request for Information from Tosco In preparation for the Board of Supervisors meeting on March 2, 1999, I am asking that the County request Tosco to provide the following information: Trends Analysis 1. Maintenance logs over the last 10 years for each unit at the Avon refinery indicating the dates of inspections and regular ongoing maintenance for that particular unit. 2. Records indicating the turnover/level of experience of safety and training personnel at the Avon refinery over the last 10 years. 3. Records indicating the turnover/level of experience of maintenance workers at the Avon refinery over the last 10 years. 4. Records indicating the number of safety and training personnel at the Avon refinery over the last 10 years. 5. Records of each monitored gauge point in the Avon refinery over the last 10 years (including, but not limited to those indicating pipewall thickness). 6 Records indicating the number of safety, training and maintenance personnel at Tosco's Rodeo Refinery immediately before the transfer of ownership from Unocal to Tosco and annually since the change of ownership. Internal Permits and WorkOrders I- Records to identify 'I'osco's procedures and process for issuance of work orders (for hot and cold work) by its maintenance division at the Avon refinery. 2. Records to identify 'rosco,s procedures and process for issuance of permits by its operations division at the Avon refinery for work authorized by a work order (cold and hot work). ATTACHMENT L SII.(IaR�ZIEMOA Yee Pr"dent,refining .r! General Manager,SFAR° San Fmmisw Area Refinery(STAR) -ro'. c 150 satano Way M3rtrFle2,CA 94$53.1487 Olrect Oral!(92s)228-1220 Facslmlle. (92a)370-3392 March 1, 1999 Mr. Phil Batchelor County Administrator Contra Costa County 651 Pine Street, I I"Floor Martinez, CA 94553=1291 ; Dear Mr. B atchelor: I am writing in response to your letter dated March 1, 1999, in which you requested further information regarding Avon Refinery history, operations and organization. I will'. respond to your questions in the order asked. 1. Does the Avon refinery have a written permitting process? The operation of the Aven. Refinery is subject to several permits which regulate the discharge of certain substances'to the air and water. In addition,construction at the rrefinery is subject to the issuance of land use permits. Finally, the refinery maintains written permit procedures'for work done within the facility. 2. Can we obtain access to any computerized maintenance records. Yes,it is possible to obtain access to Avon's daily maintenance tracidug system. 3. How many safety and trig people;are at the Avon refinery now and how does that compare with the period immediately before the merger with Rodeo. Tosco believes that safe operations are the responsibility of each and every employee in the ,plant and that this responsibility cannot be assigned' solely to a single' staff' organization, such as a Health ,& Safety Group. There are currently 20 employees in safety, training, and Process Safety Management who either work exclusively at Avon oar have dual responsibilities at Avon'and Rodeo. Administrative and training' positions generally have joint' oversight for programs at both Aaron and Rodeo. Prior to our acquisition of Rodeo, there were approximately 23 'people in safety, training,and Process Safety Management roles at Avon. zoo(A Uvaxoo ot+llNIM polos zscc ots 996 xva 9t:9T ssitoico Mr. Phil Batchelor March 1, 1999 Page 2 4. It is alleged that a number of employees have had their role and function changed in that they are now asked to do double duty as fire response people as well as their normal duties. To what extent is this true: No roles or functions have been changed. However, the Avon'Refinery is currently developing a plan to train designated operators to act as first responders in the event of any emergency. These operators work in areas where they could be expected to safely stop their activities and respond to an incident. Under the plan, Avon would continue to maintain a volunteer fire response team, intended to relieve the firstresponders as soon as they arrived on scene. We have detailed operating procedures for both routine operations and emergencies. This includes well thought-out plans for staffing and ,securing the plant while responding to an incident or emergency. Again, the ,proposed training plan, would improve our current response capabilities and align Anon with current industry practices, including those in place at other Tosco facilities. The plan is under discussion with the Union and has not yet been implemented. 5. Haw many mainte7iance workers,whether employees or contractors,are at Avon now and how does that compare with;.immediately before the merger with Rodeo? Currently there are 126 hourly Tosco employees and approximately 44 contractors for a total of 170 workers handling routine(day to day) maintenance. in early 1197, there were approximately 105 hourly''Tosco employees and 90 contractors for a total of 195 workers'handling routine maintenance. Numerous additional contractors are hired for engineering projects and turnarounds. Overall maintenance expenditures have remained constant over the past two years. 6. What procedures are in place to monitor empty lines? Empty pipelines or other; process equipment are treated as though they are: in service until they have been completely isolated from all other operating equipment per Avon safety procedures. 7. What would be involved in a shutdown procedure? Units would be shutdown in a planned sequence according to approved procedures. cOOCz ANVdHoo ONINIM OOSOZ ZM ALC M XVd WtT 66/TO/CO Mr.Phil Batchelor March 1, 1999 Page 3 How long would it take? Several weeks for the whole Refinery. Hew long will it take to make repairs to Crude Unit 50? Unknown at this time, as restricted[ access has ,prevented completion of the damage assessment. How long will it take to bring the refinery hack on line after a total shutdown? Several weeks and possibly longer depending on the length of time the Refinery has been shutdown. How long would it take to bring the refinery back on line after a.stand down? See previous answer. S. May we have access to the most recent "Soloman Report" (Semi-Annual Report on U.S. Defining) for the Avon Refinery. The most recent Avon report was prepared in 1992. That report was prepared under aconfidentiality agreement which prohibits disclosure without Solomon's consent.'' In addition, we are in the process of compiling and producing to OSHA and County HSD investigators much of the information requested in the attachment prepared by Supervisor (3ioia. As you can well understand, the requested information is quite voluminous and will take some time to prepare. We have been and will continue to produce this information to the investigators as quickly'as reasonably possible_ Sincerely,:, 4 4Q", L. M. Ziemba Nice president,Refining Genera) Manager, SFAR too(n Auyaxoo oNiNraas oosoz ZM oac szs XVA sv:st 66XTOX£o MAR-01-1999 12:2? ATTACHMENT Contra Costa County ,Fire Protection District TOSCO-AVON REFINERY INCIDENT EMERGENCY RESPONSE AND COMMAND SUMMARY On February 23, 1999 at approximately 12.2+6 PM, the Contra Costa County Fire Protection District received 'a report of smoke at the Tosco-Avon Refinery, 200 Solana Way, Martinez by Martinez Refinery-Shelf "security". Telephone contact was made by Contra Costa County Fire Protection District Dispatch Center with Tosco refinery personnel who requested us to respond to assist them. The refinery rues not fall within the jurisdiction of the Fire District, nor do we have a mutual aid agreement. It has been common practice to provide assistance on'a mutual aid basis when requested, in order to protect properties outside of Tosco and provide service to potentialcitizen employees within the refinery. Our initial dispatch was for an Oil Refinery Fire. This assignment included three (3) fire engines, one (1) ladder truck°I rescue, (1) breathing support unit, and one (1) Battalion Chief. Subsequent units dispatched were one (1) technical rescue unit and a second Battalion Chief. As units arrived, they were staged at Gate D near the Tosco Emergency Command`Center. One unit:(Eng. 9) was staged on Solano Way at the entrance to the incident site. Upon the arrival of the duty Battalion Chief, contact was made with the Security Control Officer at Engine 9's location and all units were cleared to proceed directly to the incident site. Our response time was 12 minutes. The incident site is several miles away from Fire District stations. Contact was made with Tosco rescue personnel and some initial assignments were initiated. Tosco' had established a command structure and we served in a support rule to the incident. The fire was extinguished by Tosco personnel. The following identifies the tasks performed by District resources. Engine 9, a paramedic engine, was the first unit to arrive on scene.' Their role was to utilize their advanced life support capabilities to assist the ambulance company in the care and treatment of. patients prior to transport. Engine fi, along with Breathing Support 7, was assigned to coordinate medical helicopter operations. This involved establishing a landing zone and coordinating the arrival and departure of four medical helicopters. They also obtained a temporary flight restriction (TFR) for non-essential aircraft in the area. Truck fB and Engine 12 crews were staged throughout the incident. While they did create an equipment cache, neither the equipment nor personnel were committed to the incident. Rescue 310(our technical rescue unit)was utilized on the tower unit assisting Tosco rescuers in removing the victims from the scaffolding. Our first Battalion Chief interfaced with Tosco Operations, coordinating the use of Fire District resources. Our second Battalion Chief served as a liaison in the Tosco Emergency Command Center as well as assisted with media relations.' Tosco-Avon Refinery personnel established an internal command structure and performed'all fire suppression activities as well as coordinated the rescue operations' American''Medical Response (AMR) triaged, treated, and coordinated the transport of victims. The Fire District provided resources to Tosco to utilize as necessary. As a provider of mutual'aid resources, we served primarily in a support'capacity. MEMS1'MAIERO1Is+1EMOMI 1041 Y'USCOIDOCAr ATTACHMENT # 7 TOSCO-AVON REFINERY CONTRA COSTA COUNT' FIRE PROTECTION DISTRICT ANNEXATION With the exception of two (2) parcels totaling approximately 93 acres, the vast majority of the Tosco-Avon Refinery is not within the jurisdictional boundaries of any local public fire agency. The revenue generated by then: two parcels currently amounts to $99,000 annually for the Contra Costa County Fire Protection District. Since the refinery became operational around 1913, it has maintained its own industrial fire brigade,related resources and fire equipment. The current number of Tosco resources and training levels are unknown to the Fire District. The county--level Building Inspection Department and California State Fire Marshal have fire protection regulatory responsibility. The closest the Contra Costa County Fire Protection District fire stations located in Pacheco(Station 9)and downtown Concord(Station fi)are several miles array from the Tosco-Avon Refinery complex entry gates. Annexation of Tosco to the Contra Costa County Fire Protection District would require Tosco,or the Board of Supervisors to petition LAFCO and file an application for processing. Areas that would require thorough review during the application process would include the added impact on personnel, facilities and equipment. Given the limited Fire District budget, any added responsibilities to an already strained financial situation must be viewed with due diligence since only the property tax increment would be directed to the Fire District, not the existing base. This amount is estimated at $6,000 in the current fiscal year, with a 2% increase each year thereafter. ATTACHMENT # 8 Potential Annexation of TOSCO Refinery to CCCCFD Either the landowner (TOSCO), by petition, or the Board of Supervisors; by adopting a resolution of application, could apply to LAFCO for annexation of the territory of the Refinery to the Contra Costa County Consolidated Fire District. (Gov.C. Sees. 56650,56800,56014, 56700.) Review of the LAFCO map of CCCCFD indicates that the entire area around the Refinery is in the District. The annexation thus wouldhave to bean uninhabited annexation. (Gov. C. Sec. 56046.) Prior to LAFCO action, the County Board of Supervisors,would have to determine what, if any, property tax would be exchanged:between the County and CCCCFD if the annexation is completed. '(R+TC Sec. 99(b).) LAFCO would hold a'public hearing on the annexation proposal and, upon conclusion of the hearing, could approve or deny the proposal, imposing such conditions as are allowed by Government Code Section 56844. (Gov. C. Sec. 56375(x), 56851,56852,56844,56122.) Assuming LAFCO approved such an annexation proposal, the Board of Supervisors, acting as the governing board of CCCCFD, would be designated the conducting authority for the proposal. (Gov. C. Sec. 56029(b).) The Board would then hold a noticed public hearing, receiving any protests that may be filed against the annexation'. (Gov. C. Secs. 57002,57050-57052.) Upon closing the hearing, the Board could then approve the annexation, unless the owners of more than 50f of the assessed value of the area fie, TOSCO) filed a protest against the annexation. (Gov.C. Sec. 57079.5(b),57075(b).) C:toscoannex.doc ' LAFCO could authorize the conducting authority to dispense with the public hearing if 100%of the landowners(TOSCO and any other landowners in the proposed annexation area)filed written approval of the annexation:. (Gov. C. Sec. 56873(a)) PROPERTY TAX REVENUE FROM TOSCO-AVON ATTACHMENT 1998',-99 # 9 TAX AGENCY ALLOCATION % TAX REVENUES COUNTY GENERAL 20.51% $1,354,117 COUNTY LIBRARY 2.11% $139,184 COUNTY FLOOD CONTROL 0.25% $16,260' CONTRA COSTA FIRE 1.50°!0 $99,045 SERVICE AREA P-6 1.19% $78,697' COUNTY WATER AGENCY 0.05% $3,252 COUNT`(RESOURCE CONSERVATION 0.02% $1,301' MOSQUITO ABATEMENT 0.22% $14,309 i MT DIABLO HOSPITAL 0.27% $17,561'' CONTRA COSTA WATER 0.67% $44,227 BART 0.9000 $59,186'' BAY AREA AIR MANAGEMENT 0.26% $16,910 EAST BAY REGIONAL PARKS 4.24% $279,663' COUNTY SUPT. SCHOOLS 1.351/lo $89,104 K-12 SCHOOLS ERAF 14.34% $946,971 MT DIABLO UNIFIED 43.45% $2,868,880 COUNTY COMMUNITY COLLEGES 6.56% $433,161' COMMUNITY COLLEGE ERAF 2.14%0 $141,135 100.00% $6,602,967 3/1/991:28 PM ATTACHMENT ,. atjori -OCCUPAfI2NAL SAFETY AND NEAHV rC # 10 t rind Notification of Penaltyissetance 4 Nurrtber Concord District [office '-� Cal/OSHK {I�-4fl28) tl7/1t3�'�7 1� 531 i465 mea circle, s.� � s cm Building S, Suite 9413 Concord, CA 94520-5211. 7&MVeport Na aPr No. � � i Of 10.Inspection Datetsl; Days f General 01 €11/22/97 i1t 07/10/97 0f I 11 Inspection Site: N Teles irur 8olano Avenue lioness CttnieStttt 9, To: Martinez, CA 94553-1487' Tosca Refining and Marketing Co ,:azzy Avon; Refinery Martinez, CA 94553-1487 This Section a i�tdC�tted Before Its CITATION is being issued in accordance with California Labor Code section 6317 for violations as shown bete*that were found ring the inspedtionlinvestigafion. This:citation or a copy trweof, must be prominently posted upon receipt by the employer at at ar the location of each violation until this violative condition is corrected or,for three working days,whichever is longer This citation d notification of penalty shalt be doomed to be the final order of the Occupational Safety and Health Appeals Board and not subject review by any court or agency unless,within 15 workdays from the date of receipt of this citation;yo4 nbtify In writing the California xrupational Safety and Hiaalth Appears Board of your intention to appeal_Violations of'pine 8 of the California Code of Regulations of the California Labor Code may result in some instances in prosecution for a misdemeanor. EE REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGNTS.) Item Number 15. Date by Which t& Penalty Standard. Regufatron or 14. Description Violation Must Section of the Act Violated Be Abated 1 08/26/97 $625.{3{ 5189(e)(2)(G) The Moyer shall perform a hazard analysis appropriate to the complexity of the process for identifying; evaluating, and controlling hazards involved in the process. The hazard analysis shall address the identification of any previous incident which bad a likely potential for, catastrophic consequences in the workplace: a) Hydrocracker Unit: In July, 1992, 'there was a previous, incident in which the etitployer experienced three temperature excursions in second: stage reactors' #1 and #3 which necessitated activation of the 100# emergency depressuring station. The 1994 process hazard analysis did not identify depressuring as a means of controlling hazards associated with reactor temperature'' excursions. Therefore, the ettlployerrS process hazard analysis did not address previous incidents which had the likely potential for catastrophic consequences'. f Signature 18. Total Safety Engines nioust' ienist ` !3-ot Manager efers to sections of Title 8,Caiitornia Code of Regulations'except for sections of the California I ahorirVa which are preceded by"LC:' Tams Postalty ift 4PLOYER RIONT8 ANDRESPONStOlUTI£S: The enclosed booklet outlines employer rights and responsibilities and should be Mu an td in conjunction with this notification; ut.t.chock TURN ONE COPY AND THIS NOTICE DEPARTMENT OF INDUSTRIAL RELATIONS COPY 7O: °* > oma. veyat.w: TN YOUR AEMITTANCE AND MAIL>TO: CASHIER iACCOUNTING OFFICE White -:Employer clu�sst�. PO Box 42060s Yellow � Employer n.ecm Pink - case io San Francisco. CA 94142.03643 Garden Rocs -Accounting an ATION ANO rat IFFCATION OF PENALTY r a CALOSH.2(REV 12185) rteMimmce art iris[,P.L VISION OF OCCUPATIONAL SAFETY AND HEALTH itation and Notification of Penalty I Issuance Date a.ruin Number £f7/ltd/97 125766931 ' Concord District Office ... Cal/OSHA (Index---4028) s 7/1.. r7 cs31 2465 1Ejnea Circle, 0 ep o622 F98f D FJIH ID Building E, Suite 900 Concord,`CA 945201--5211 t Ootional Report No, 8Pq9e Na, Rett ks 013-973 Am Out Of N. Of Vtolalion(s) 10.Inspection Date(s): (it General 1/22/97 -- 017/10/97 ofThis ceipt f i 11. Inspection Site: NO ion Solan Avenue mea 9. TO Martinez, CA 94553-1487 Tosco Refining and Marketng Company Avon Refinery Martinez, CA 94553-1487 Th1s Section May fle DeUcnea Bre ilS CITATION is being issued in accordance with California Labor Code section 6317 for violations as shown below that were found Ftisnng firing the inspectiontinvestigation, This citation or a copy thereof.must be prominently posted upon receipt by the:employsr at or. Sar the location of each violation until the violative condition is corrected or for three working Clays,whichever is longer,This citation Id notification of penalty shall be deemed to be the final order of the Occupational Safety and Health Appeals Board and rmt subject review by any court or agency unless.within 15 workdays from the,date of receipt of this citation,you notify in writing the california, ccupational Safety and Wealth Appeals Board of your intention to appeal.Violations of Title 8 of the''California Code of Regulations of the California Labor Code may result in some instances in prosecution for a misdemeanor :EE REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.) Item Number 15. date by Whtch t@. Penalty i. Standard. Regulation or 14, Description Violation Must Section of the Act Violated Be Abased 08/26/97 $500.'0t 5189{g}{3 The employer shall ensure that each employee involved in the operation or maintenance of a process has received and ccersfully' completed training as specified by this subsection. The employer, after the initial or refresher training shall prepare-a certification record which contains the identity of the employee, the date of training, and the signatures of the persons administering the training a) The employer.did not, prepare a certification record which contains the identity of the employee, the date of training, and the signatures of the persons administering the training after any initial, refresher or supplemental training specific to the safe operation of the Hydrocracker Unit for each employee involved in the operation of the Hydrocracker process unit. 4 Signature ,�rl� 16. Total Saint E GGlnaer� du t:,a!Hygienist District Manager Tout Relers to sections of Title 8,California Code of Regulations except for sections of the California Labor C which are preceded byPenalty "LC for This MPLOJYER RIGHTS AND RESPONSIBILITIES-. The enclosed booklet outlines employer rights and responsibilities and should be Gtrattcn ?ad in conjunction with this notification. MOW ch"* ETURN ONE COPY AND THIS NOTICE DEPARTMENT OF INDUSTRIAL RELATIONS COPY TO. i Y cnrseF ATH YOUR REMITTANCE AND MAIL TO. CASHIER ACCOUNTING OFFICE White - Emproyer Yeltduv -Employer PO Box 420603 Pink -Case f=ile San Francisco. CA 94142-0603 Golden Rod - Accounting on TATION AND NOTIFICATION OF PENALTY � x i Cat t3Stc•2'fREv t2te57 f emittencc` . .. .. ILIJ.uu4 ... STATE OF CALIFORNIA DEPARtMENT OF INDUSTRIAL RELATIONS 4- ONISION OF OCCUPATKMAL SAFETY AND HEALTH Citation and Notification of Penal �.���/ fie °�1 2� ` r -Concord IUi�ict Office - dal/OSHA (Inddkx 4028) 1465 Enea Circle t ° Building E, Suit 900 Concord, CA 94520--521 8. a No.' fifngitl to.inspection Dale(sl: " General a1 01/22/97 - 07/10/97 � it. Inspection Site: Nalirrcafft Solano Avenue c 0*3*d' 9. TO: Martinez, CA 94553-1487 Tosco Refining ini.ng and Marketing Company Avon Refinery Martinez, CA 94553-1487 This Secwn BeMay Detached 132ft�re THIS CITATION is being Issued in accordance with California labor Code section 63t7 for violations as shown below that were found Posting during the inspectionlowestigatiort.This citation ora copy thereof. must be prominently posted upon receipt by the employer at or near the location of each violation until the violative condition is corrected or for three working'days,wflichever is longer This citation and notification of penalty shall be deemed to be the final order of the OccupationalSafety and Heaftft Appeats hoard and not subject to review by any court or,agency unless,within 15 workdays from the date of receipt of this citation,you notify in writing the California Occupational Safety andl Health Appeals Board of your intention to appeal.Violations of Title a of the California Corse of Regutations x of the California Labor Cade may result in some instances in prosecution for a misdemeanor. (SEE, REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.); 12. Item Number 15. Date by Which 16_ Penalty 13. Standard. Regulation or 14. Description Violation Must Section of rise Act Violated Be Abated 3 - 08/26/97 $250,i_ 5189(m)(2), The employer shall establish a written;procedure for prompt reporting and investigatingevery incident which results in or could reasonably have resulted in a major accident An 'incident investigation shah be initiated no later than 48 hours following the:incident. a) Hydrocracker 'Unit. Shift Superintendent Log dated January 2, 1997, reported a second stage reactor #1 outlet temperature of 910.2 degrees F. Theelevated temperature of 910.2 degrees' F remained on the Log until January 10, 1997. This incident could have resulted in a major accident, yet no documented investigation was initiated'. b) Hydrocracker 'Unit: The sem stage reactor #1 temperature excursion of January 19, 1997, which was recorded in the "'operator log", and which could have resulted in a major accident, was not investigated within 48 hours following the incident 9., 0'. Signature ta. 3375.0 Safety Erich ertln' ial Hygienist District Manager' 'Refers to Sections of little 8,California Code of Regulations except for sections of the California Labor Me which are preceded by"LC" TOW f'eaa►fY far T tfm EMPLOYER!RIGHTS AND RESPONSIBILITIES:ITfES: The enclosed bookletoutlines employer rights tnd responsibilities and should be t ltrifan ead to conjunction with this notification. MWO Ch"k IETURNAM4E COPY AND"ANIS NOTICE !DEPARTMENT OF INBI.ISTRIAL RELATIONS COPY TO: aq KITH YOUR REMITTANCE AND MAIL TO CASHIER ACCOUNTING OFFICE white Employer �+�~ PC) 4ox 420603 Yemaw - Employer tneic�uwr fink -Case File �i�ts+wtwn San Francisco, CA 94142-0603 *� + Gcstden Rod •'Accounting � `tt'ATION AND 14014FICAftoti OF PENALTY QRIGI'NAL CALOSH-2(REV t7jes) r..e �r �,,-,t.rFveyrveta uerAn r ritFtr'v1 Ur rfVUlJJtriFRt. titLfit t(.}NS i - IVJSION OF OCCUPATIONAL SAFETY AND HEALTH -itation and Notification of Penalty 3.issuance Date- a.Inspection Number -Concord District Office Cal/OSHA (Index-4028) 07/10/97 125766931; 1465 EneaCircle, S.Reporting ID 6 CSE1JH ID Building:E, Suite 900 0950622 F9862 Concord, CA 94520-5211 7.Optional Report No, &Page NoPertaMces Type . Violation(s) 033-97 1 er won Am is to.inspection oate(sy Days d 01/22/97 07/10/97 0 lss Serious 02 11.. inspection Site Notification Unless Solan Avenue Contested s. To Martinez, CA 94553-1487 Tosca Refining and Marketing Company Avon Refinery Martinez, CA 94553-1487 This Section May Be; Detached Before HIS CITATION is being issued in accordance with,.California Labor Code section 6317 for violations as shown below that were found ' uring the inspection/investigation.This citation or a copy thereof,must be prominently posted upon receipt by the employer at or ear the location of each violation until the violative condition is corrected or for'three'working days,whichever is longer.This citation nd notification of penalty shall be deemed to be the final order of the Occupational Safety and Health Appeals Board and not subject 3'review by any court or agency unless,within 15 workdays from the date of receipt of this citation,you notify in writing the California Xcupalionat Safety and Health Appeals Board of your intention to appeal.Violations of Title'8 of the California Code of Regulations r of the California Labor Code may result in some instances in prosecution for a misdemeanor.' SEE REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.) 3. Item Number T is. Bate try Which t5 penalty 3.'.Standard,Regulation or 14. Oesc ippon Violation-Must Section of the Act Violated Be Abated' I 08/26/97 $3125:0 3203(a) Effective July 1, 1991, every employer shall establish, implement, and maintain an effective Injury and Illness Prevention Program: a) Employer incorporated the applicable provisions of Section 5189 "Process Safety Management of Acutely Hazardous Materials" within its Injury and Illness Prevention Program (Program) as required pursuant to Section 5189(o) however, the employer failed to implement these provisions by ensuring that the Program, including the Section 51.89 requirements, was effectively communicated to andobservedby affected employees. 17. Signature 18. Total Safety Engin llndustrF tiygten sC rsirict Manager $3125. 'Refers to sections of Title 8 California Code of Regulations except for sections of the California Labor Code ich are preceded by°'LC Total Penalty r Thit EMPLOYER RIGHTS AND'.RESPONSIBILITIES., The enclosed booklet outlines employer rights and responsibilities and should be Cts read in conjunction with ibis notification. 1041*C Ck COPY TO: 4� RETURN ONE COPY AND THIS NOTICE DEPARTMENT OF INDUSTRIAL RELATIONS WITH YOUR RwiTTANGE AND MAIL TO: CASHIERACCOUNTINGOFFICE White - Employer cnett t,� PC1-Besx 420543 Yellow- Employes a,au Pink Case 'Fite Frep*cFFon San Francisco, GA 94142.0603Numter Golden Rod - Accounting on CITATION AND NOTIFICATION OF PENALTYCALOSH-2 IREV 121951 Remmancit !G—IAL yr r+s.rx c✓i stvCR Uf-PARt MF-NT 0 INDUSTRIAL RELATIONS IYISION OF OMUPAnoNAL SAFETY AND HEAUM _ JtatiOtt,1fit ''Nf7ftICc'iflOtl of PLt28fy 3 fssuatCce l A.trtspectirrt Ntmttzer Concord Di,stri District office - /� {1n�3ex�4t}28� 07/1Q/97 125756931 1465 Fnea Ci. Cle, ' Sas9' Q6 o �g Q Building R, Suite 900 Concord., CA 94520--5211 71.894410VIrt No. e.f e No, 1 lo.Inspection Date{sy. ' 03/22/97 - 07/10/97 Serious +13 11 Inspection Site: tialifiG ➢en Sol no Avenue est a s. To: Martinez, CA 94553-7487'' Tosco Refining and Marketing Company AvonRefinery Martinez, 'CA 94553-1487 This sect*n t6e CZlea Beare HIS CITATION is being issued in accordance with California Labor Code section 6317 for violations as shown below that were founts .trinrg the inspectionfirivestitgatiw.This citation or a dopy thereof,must be prominently'posted upon receipt by,the employer at or Bar the location of each violation until the violative condition is corrected or for three working days,whichever is longer This citation xt notification of penalty shall he deemed to bez the final order of the Occtpationat Safety and Health Awls Board and not subject review by any court or agency unless,within 15 workdays from the date of receipt of this citation,you notify in writing the California ccupational Safety and Health Appeals Hoard of your intention to appeal.Violations of Title B of the California Code of Regulations of the California Labor Code!may result in some instances in prosecution for a misdemeanor. ;EE REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.) }. Item Numoer 15. bate by Which is. Penalty 3. Standard.Rtgulawn or 14. Description violation Must Section of the Act Viotated Be At7ated 08/26/97 $25W O 332V.f Modifications to machinery and equipmentshall be in accordance with 3328{a} and with goad engineering practice: a) Hydrocracker Unit: . On January 10 and again on January 20, 1997, during a modification to the temperature indicating esiipment for the second stage reactors, existing temperature indicating egtApment was removed from service. Contrary to, good engineering practice, no interim system was installed to ensure that the operating employees had sufficient grating data to safer' operate the reactors. T. Signature tis. 100, Safety Engi r3Y 114E Hygierrim istrit t tutanage€ Refers to sections of Title 8,California 0ode of Regulations except for sections of the California Labor a which aro preceded by'1C." Tout I'etwEry ;MPLt YER RIGHTS AND RESPONStBtLME . The enclosed'booklet'outlines employer rights and responsibilities and should be Wit, gad in conjunction with this notification. Mal*chftx IETURN ONE COPY AND THIS NOTICE DEPARTMENT OF AIDtIMIAL RELATIONS COPY TO: t d3nu. OTH YQU i�EMITTANtE AND MAIL TO. CASHIER ACCOUNTING OFFICE` Whits - Employer' ctEuttst+>M Po DOX 42OW3 Yettrow - Eniployer Pink - Case f=ile Asia, :San FraeWis o, CA 94142.0603 ++ Golden RerU - Accounting CTAtCaI'V'AND tViri'rFICATtd>H OF P"Al.TY ,:- t C1tt.OSH-2 dR€v 1219-5I rtemissance ..� Vr ,.rt,rVnivtrucrHntnncrvi Ur ttvL3U51flAt. RELATIONS VfSiON OF OCCUPATIONAL SAFETY AND HEALTH tation and Notification of Penalty 3.Issuance bate. 4.Inspection Nt;crer =Concord District Office -- Cal./OSHA (,Index-4028) 07/10/97 -125766931' 1465 Enea Circle, 5.Reporting ID &CSFJ1H 1D Building E, Suite 900 0950622 P9862 Concord, 'CA 94520--5211 7 Optional Report No. &Page No. Penalties *, M .� �' • II II It ! 033-97 1 of 2 Am Dit tS 10.Inspection Date(s): Of Mpt Serious 04 01/22197 - 07/10/97 if This it. Inspection Site: Notification Unless Solan Avenue Contested 9. Tb- Martinez, CA 94553-1487 Tosco Refinit:3 and Marketing Company Avon Refinery Martinez, CA 94553-1487 This Section Mary Be Detained Before IIS CITATION is being issued in accordance with California Labor Code section 6317 for violations as shown below that were found Posting tring the inspection/investigation,This citation or;a copy thereof, must be prominently posted upon receipt by the employer at or, :at the location of each violation until the violative condition is corrected or for three working days,whichever is longer.This citation id notification of penalty shall be deemed to be the final order of the Occupational Safety and Health Appeals Board and not subject review by any court or agency unless,within 15 workdays from the date of receipt of this citation.you notify in writing the California ccupational Safety and Health Appeals Board of your intention to appeal.Violations of Title 8 of the California Code of Regulations' of the California Labor Code may result in some instances in prosecution for a-misdemeanor. ;EE REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.) item Nurnoe,.... T 15..Date by Which - - --16.. Penalty ~ I.. Standard. Regulation of 14. Description Violation Must Section of the Act Violated Be Abated 1 08/26/9725013,O. 5189(e)(2)(B) The employer shall perform a process hazard analysis appropriate to the complexity of a process for identifying, evaluating, and controlling hazards involved in the process. The Hazard Analysis shall address the engineering and administrative controls applicable ' to the hazards and their relationships. a) The process hazard analysis (PHA) performed for the second stage of the Hydrocracker Unit identified as one of its. assumptions (6.1) the existence of "The Intelligent Automation (I/A) control system". The I/A control system, however, was never reliably functional in the second stage of the 'unit, and was not used to.provde. temperature indications in the second stage at the time.of the preparation of the hazard analysis. Temperature alarms which would ;have been available with the I/A Control system were not in fact available to the operating employees. Therefore, the PHA was not appropriate for the process as it actually existed 7. S gnature 18. Total Safety Engtneertlndustr nisi cstr cit Maneg #defers to sections'of Title 8.California Code of Regulations except for sections`of the California Labor which are preceded by"LC:' TO ' ttnaity MPLOYER RIGHTS ANO RESPONSIBILITIES: The enclosed booklet outlines emplo er rights and res for Thais i4 responsibilities end should be citation 'ead in conjunction with this notification. µ.re ch; RETItf?N ONE COPY ANDTHIS NOTICE DEPARTMENT OF INDUSTRIAL REt ATIONS COPY TO. MSM w WITH YOUR REMITTANCE AND MAIL TO. CASHIER ACCOUNTING OFFICE Waite - Employer "c�rrost+� PO Box d2fJ603 Yellow - Emploverslute Fink - Case Fite inaplGClOn Sart Francisco, CA 94142-0603 ti�� Golden Rod - Accounting on NTATION AND NOTIFICATION'OF PENALTY L CAIOSi!•2 i41EV 121351 Remtttnrtee €J vua ur 4:AUt-1JHNIA DEPARTMENT OF INDUSTRIAL RELATnONS V*16N OF OCCUPATIONAL SAFETY AND HEALTH` Cation,and Notification of Penalty a.t���el�� °� �€Mber ".oncord District Office - Cal/OM (Index--4028) 1465 Snea Circle, Building.E, Suite ; 00 Concord, CA 94520-6211 7& ' p t Na P!r No' 2 '� tlllttW i la inspSeGrxSn Qale(s): t)�yS Serious f34 01722/97 - 07110/97 at It. lnspecuon Site: Notirrcalkill Solano Avenue o Unless Cxt 9. To: Martinez, CA 94553-1487 ntesiett Tosco Ref;ring and 'Marketing Company Avon Refinery Martinez, CA 94553--1.487 this Section May 9e l9e neo Before -#tS CITATION is being issuedin accordance with California Labor Cade section 6,317 for violations as shown below that were found Pnstlrrq firing the inspectionlinvestigation.This citation or a copy thereof,must be prominently posted upon receipt by the employer at or -at the location of each violation until the violative condition is corrected or for three working days,whichever is lronger,'This citation id notification;of penalty shall be deemed to be the final order of the Occupational Safety and Health Agpeala ftard and not subject review by arty Court or agency urtless,within 15 workdays from the date of receipt of this citation,you notify in writing the California ccupationat safety and,Health Appeals Board of your intention to appeal.Violations of Title 8 of the California Code of Regulations of the California Labor Code may result in some instances in prosecution for a misdemeanor. ;EE REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.} i. Item Number 15. €}ate bq which 16. Penatty 1. Standard,Regulation or tC. Description Violeton Must Semon of the Act Violated Be Abated b) The process hazard analysis {PHA) Node 70, pages' 3 and 4, performed for the second stage of the Hydrocracker Unit did not address the 100# acid 300# depressuring stations as a SafOgUard against' hazards associated with temperature excursions'in the .reactors. Therefore, the PHA was not appropriate' for the process as it existed. C) The process hazard analysis (PHA), Node 70, `p.1, which addresses a high temperature wave:in the second d stage reactors, identifies as a safeguard the "automatic activation of the 100# depressuring station." This safeguard is an fact not automatically activated for lass of flow through the reactors, but requires operator intervention to tnaMm lY activate the 100# depressuring;station. "Therefore, the PMA dial not appropriately consider the operator-process interface necessitated during the emergency condition of a loss of flow, through the reactors in the process as it existed. .7. Signature ie. W00. Satety E€agineer(ino €al Hygienist ttict Manager' Refers to sections of Title 8.Catifomia Code of Regulations except for sections of the California Labor a which are preceded try -LC." Pete la'Thla -M€►i t t>.A RIGHTS AND R SPON ISfl TIES: The enclosed booklet outlines employer rights and responsibilities and should be q�gcn east in conjunction with this notification. 09*6 Check COPY TO: woneos 3ETURN ONE COPY AND,THIS NOTICE DEPARTMENT OF INDUSTRIAL RELATIONS 1o: WITH YOU ACMITTANGE AND MAIL TO: CASHIER ACCOUNTING OFFICE White ;Employer -CAVOSHN' PO 13ox 420603 Yellow Employer- u San Francisco,CA 94142-0603 Golden Pink -Case RIKf ACGOttnfiiag + � ' on IITATION AND NMIFICATION OF PENAt.TV CALOSM-2 04EV 12185} rasre,ta»ce ,L VISION OF OCCUPATIONAL SAFETY AND HEALTH tation and NotifiCation of Penalty 3.issuance Date, a.Inspection Number -Concord District Office - Cad - 07/10/97 125766931 Cal/OSHA (index-4028 j 1:465 Isnea Circle, s,Reporting 0 CSEttta ID ' ' Building E, Suite 900 0950512 C, F9$62 Concord,-'CA 94520-5211 7.Optional Report Nri. rage Na: f`tithes t i, 033-97 1 1 >1.Type of Vicilation(s of � 10. Inspection Date(s): �P� serious 05 01/22/97 — 07/10/47 at Tilis it. Inspection Site: Notification ualess Solan Avenue Gonfested s:To: Martinez, CA 94553-14$7 Tosco Refining and Marketing Company Avon Refinery Martinez, CA 94553-1487 This Section May Be Detacheil Before -41S CITATION is being issued in accordance with California Labor Code section 6317 for violations as shown below that were found Posting firing the inspection/investigation.'This citation or a copy thereof, must be prominently posted upon receipt'by the employer at or ar the location of each violation until the violative condition'is corrected or for three working days.whichever is longer.This citation id notification of penalty stall be deemed to be the final order of the Occupational Safety and Health Appeals Board and not subjects review by any court or agency unless,within 15 workdays from the date of receipt of this citation,you Notify in writing the California ccupationat Safety and Health Appeals Board of your intention to appeal.Violations of Title 8 of the California Code of Regulations of the California Labor Code may result in some instances in prosecution for a misdemeanor. IEE REVERSE' SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.) �♦ Item Number 15. Date by Which 16_ Penalty 1. Standard. Regulation or 14. Description Violation Must Section of the Act V elated Be Abated 08/26/97 $2500.0 5189(e){2}(c) The employer shall perform a hazard analysis appropriate to the complexity of a process for identifying, evaluating, and controlling' hazards involved in the process, and the hazard analysis shall address the consequences of the failure of engineering' and administrative controls applicable to the hazards: a) The process hazard analysis performed for the second stage of the Hydrocracker Unit identified as one of its assumptions (6.1) the existence of "The I/A '(Intelligent Automation) Control System". The hazard analysis did not consider the consequences of the failure of the I/A control system. b) The process hazard analysis performed for the second :.stage,of the`Hydrocracker Unit did not consider the consequences of the failure of the 100# and 300# emergency depressuri.ng systems + 7. Signature 18. Total t $2500.0, Safety Eng;n ertindus ygientsc' istrict Manage Refers to sections of Title 8�California Code of Regulations except for sections of the California Labor Code which are preceded by"LC" Total Pertdify 'Ia 1'tlls EMPLOYER RIGHTS AND RESPONSIBILITIES: The enclosed booklet outlines employer rights and responsibilities and should be t It n 'ead in conjunction with this notification +.+ rar Ch*Ck or COPY TO. oroer 3ETURN ONE COPY AND THIS NOTICE DEPARTMENT OF INDUSTRIAL RELATIONS agwte w: KITH YOUR REMITTANCE AND MAIL TO. CASHIER ACCOUNTING OFFICE tNftite;- Employer c�uuosNxc Yellow . EmployerPO irWicac SartBox Fra Francisco, CA 84142 06D3 Pink - Case Fite tip Golden Rod - Accounting on CALOSH•2(REV 12+95I Iiemtxfartcr ATATiON AND NOTIFICATION Of PENALTY _ .,,;..rv`t..vtr:irt vt' iVVV.73 ritM,..rict.r.s tCJitl 4—... A%t'ON OF OCCUPATIONAL SAFETY AND HEALTH tatit: n olid Notification:of Penalty 3 Issuance Date a.rnspection Number Concord District Office - (Index=4028) 07/10/97 125766331 1465 Enea Circlet ` c s� Building Bt Suite, 900 of Concord, CA 94520-521.1 x fn4#emn Nra a�Na ] AM 8ua Wob 15 to.Insp lion Datelsl: dip SSerious 06 07/10/97' of Ibis tt. Inspocitcin site: NorifiLs ern ursrr�s Sol:ano Avenue contested 9. 1b: Martinez, CA 94553-1.487 Tesco Refining and Marketing Company Avon Refinery Martinez, CA 94553--1:487 This Secton May Be Detached Before ilS CITATIONS is being issued in accordance with California Labor Code section 6317 for violations as shown below that were found pown` ,ring the inspection/investigation. This citation or a copy thereof,must be prominently posted upon receipt by the employer at or gar the location of each violation Cantil tate violative condition is corrected or for three working days.WhiChevat is longer.This citation id notification of penalty shall be deemed to be the.t.- to rarer of the t3ccupaticrnal Safety and Health Ap(re�lis 88srd,and not subject review by any-court or agency,ahloss,'within 16 workdays from the datei o'l recbipt of this motion,you notify in writing the California xupational Safety and Health Appeals Board of your intention to appeal.Violations of Title 6 of the California Coda of Regulations of the California Labor Code may result in some instances.in prosecution for a misdemeanor. ZE REVERSE SITE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.) Item Number IS. bate by Whtch t£. Penalty ' Stantsard, Regulation or 14, Description violation Musa' Be Abated Section eat the Act Violated 1 08/25/97 $3125.0' 5189(f)(1) The employer shall develop and implement written procedures that provide clear :instructions for safely conducting activities involved in each process consistent with the process safety information* a) Written operating procedures for the Hydrocracker Unit do not provide any instructions for ;;safely conducting activities associated with the shutdown of one reactor and the transference of its feeds into two parallel reactors, which activity occurred on January 19, 1997. b) Written operating procedures for the Hydrocracker Snit 'do not,, provide specific instruptiom for 'making reactor bed inlet ard outlet temperature adjustments necessary to compensate for leaking-hydrogen quench valves. z Signature sty ETIt}Ift filrift tt r#iygtertist "fi:7, Refers to sections of Title 8,California Code of Regulatio except for sections of t 'which are preceded by"LSC" Penalty to>This :MPLOYER RIGHTS AND RESPONSIBILITIES: The enclosed booklet outlines employer rights and responsibilities and should be Vmftn ead in conjunction with this notification. Mile ctrack �qar WTURN ONE COPY A140 T141S It arlCE DEPAF TMI~NT OF I INDUSTRIALCOPY TO: FIELATtONS +arm•to= PITH YOIJR,REMITTANCE AND MAIL TO.- CASHIER ACCOUNTING OFFICE yell a % Employer r ►s�+� Po Box 420603 YeNratu-Employer t++au�ta San Francisco,;CA 94142-0603 Pink - Case eta^ �a`4141�tt Rod - Accounting cn tTATION ANO NOTtPtCATtON OF PENALTY y er "f'�;� cALCt"aN+2 tEtEY t2t95t'' ReeriFttsr tt _ .. ., tom}V I i VISION OF OCCUPATIONAL SAFETY AND HEALTH itation and NotifiCation of I Penalty 3.Issuance Date 4.Inspection Number 07/ Z97 12 -t~C3 ord gistri t Office — Cal/OSHA (Index-4028) repot) 2469 Enea Circe, ng ID rCSEIIH ID Building E, Suite 400 0950622 62 Concord; CA 94520-5211 r.Optional.flet No. Pa 'No. Penalties . . y 033-41 1 1 tom' n Numter Within 15 10.Inspection Date(s)- Clap of Receipt Serious 07 01/22/97 - 07/10/97 DI%S It. Inspection Site Notification Solaro Avenue unless COnteSled 9. To: Martinez, CA 94553-2487 Tos-o Refining and Marketing Company Avon Refinery Martinez, CA 94553-1487 This Section De achett Before HIS CITATION is being issued in accordance with California Labor Code section 6317 for violations as shown below that were found meting firing the inspection/investigation. This citation or a copy thereof, roust be prominently posted upon receipt by the employer at or oar the location of each violation until the violative condition is corrected or for three working days;whichever is longer.This citation id notification of penalty shall be deemed to be the final order of the Occupational Safety and Health Appeals Board and not subject i review by any court or agency unless,within 15 workdays from the date of receipt of this citation,you ho*in writing the California °ccupational Safety and Health Appeals Board of your intention to appeal.Violations of Title 8 of the California Cone of Regulations r of the California Labor Code may result in some instances in prosecution for`.a misdemeanor. SEE REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.) 2_ Item Number 15. Date by Which 16. Penalty 3. Standard. Regulation or 14. Description Violation Must Section of the Act Violated Be Abated 1 08/26/97 $7400.r 5189(f)(1)(B)(13 The employer shall develop and implement written procedures that provide clear instructions for safely conducting activities involved' in each process consistent with the process safety information, and shall address operating limits and the(consequE;nces c>f deviatiorti a) The written operating procedures for safely conducting activities in each process in the Hydrocracker;Unit did not address the eonseWances,of deviation from operating limits as identified in the process safety information (PSI). The PSI document "Safe Upper & flower Limits" identifies explosion and fire as the consequences of deviation for 72 of the operating! limits. 17. Signature r 18. Total Safety Eng, erAndustrt glen st District Manager 7o(3t 0 Raters to sections of Title R California Cone of Regulations except for sections of the California tabor Cod hick are receded rota/ g p LC Tout fur this EMPLOYER RIGHTS AND RESPONSIBILITIES: The enclosed booklet outlines employer rights and responsibilities and should be Citmon 'ead in conjunction with this notification. eetr< "Ofty Omer or RETtlRN'ONE COPY AND THIS NOTICE DEPARTMENT OF INDUSTRIAL RELATIONS COPY TO: FiVI"ble,to: WITH YOUR REMITTANCE AND MAIL TO: CASHIER ACCOUNTING OFFICE White - Employer �R Pfd Box 420603 Yellow - Employer : �» Pink - Case File nlsorcnars San Francisco, CA 94142-0603NVet bar GoldenKarl - Accounting aTATiONrAND NOTIFICATION OF PENALTY V ;{ L CALOSH-2{REV 12195) ne+ttinbAce' .ti ,... +.+s�sraJri[v+H ricYtartt AAtty t Ut 4{YL7USTf�{AL HGt;.AF{d}NS t IVISlf3N OF €ccupAnoNAL SAFETY AND HEALTH' T :nation and Notification of Penalty a ISSUW=Dale 4.Inspection Numtaer Concord District office - Cal/{S (Index--4028) ;n �ti 7 AQ3- 1 to 1455 Enea Circle 09SO612 F986 Building E, Suite 900 � No, AM DW Concord,, CA 94500_5211 A °`�No. � �t - oaf ttth'IS 10.inspeC:ta4r{iatefs): of 02/22/97 - 07/10/97 d This Serious W 11, Inspection Site: Notertcation il{rless Solano Avenue contesw 9.To: Martinez„ Chi 94553-1487 Tosco Refining and MF=keting CoRpany Avon Refinery Martinez,- CA 94553-1.487 This sect ts+lay fie 0,-tacned setore HlS CITATION is being issued in accordance with California Labor Code section 631'7 for violations as shown below that were found PM1MQ wring the inspectionJinvestigation. This citation or a copy thereof,roust be prominently posted upon receipt by the employer at car .ear the location of each violation unt3 the violative condition is corrected dN for three winking days.whichever is longer.'This citation .nd notification of penalty shalt be deemed to be the fir)LV carder bt th4 Occupational Safety and�ea th Awls Board and not subject a review by any court ar agency trrrtess within 15 workdays trout the date of receipt of this citation,you notify in",n9L the California ?ccupational Safety and Health Appeals ward at your inierttion toappeal.Violations of Title 8 of the CaliforniaCode of Regulations {r of the California Lir Code may result in'some instances in prosecution'for a misdemeanor. SEE'REVERSE SIDE FOR APPEAL'RIGHTS AND EMPLOYEE RIGHTS.) 2. {tem Number 15. Date by Whim 16. Penalty 3. Standard. Regulation.or 14Description violatmn Must Section of the Act Violates Be Abated 1 08/25/97 $7000.0 5189(f)(1)(C)(6) The emploYer shall develop and implement written procedures that provide clear instructions for safely conducting activities nvOl.Yed in°each;process consistent with the L process safety inforttion arA shall. address—safety an health considerations gertaini to arty special;or unique hazards: a) Hydrocracker Unit: &lployer created a unique hard in ,its requirement that operating employees leave the safety of the control room to go, into the ]zone of danger under the second stage reactors to obtain critical supplemental teMperatUreL data during abnormal operating conditions. Such conditions have inthe past included elevated operating temperatures in Lthe end stage reactors. 'These elevated temperatures have exceeded the safe, maximum allowable working temperature of the reactors (800 degrees F). Rmployer did not develop or im1em tat a written procedure that;provides clear instructions for safely conducting activities associated with this unique hazard. 17 Signature �. 18. Total Safety Engine nn' ygienist tstriet Manager $7,000.00 ,refers to sections of Title a California code orf'Regulations except for sections of'the California tabor Cote which are preceded by"LC°` TOW t'ertalty for This EMPLOYERRJGHTS`AND RESPONS1131t.l"f`SS- The enclosed booklet outlines employer rights and responsibilities and should be Ca"on react in conjunction with this notification. wib.Check a, RETURN ONE COPY AND THIS NOTICE DEPARTMENT 4F INDUSTRIAL RELATIONS COPY To WITH YOUR REMITTANCE AND MAIL TO: CASHIER ACCOUNTING L OFFICE White � Etlspfoyer PO Box 424603 Yeitctw- Emfsloyer San Francisca': CA 94142-,0643 Pink - Casa Fits » GoldenL Riad- Accounting on CITATION AND NOTIFICATION Of PENALTYCALCISN-2(Rr=V 12M) Aeia+enonee •".::..u=vr%iiV.iti v�rnr-+iivla=ivi l}p- Si�SlJUSCtiIAd.'ltitt..RTiONS mt-MON OF' OCCUPATIONAL SAFETY AND HEALTH itation and Notification of Penalty 3.issuance iDate*oneraer V-;rOncord District Office - Cal/OSM (Index=4028) 07/1©/971465`Enea Circle, 5.Reponing IDoBuilding Fs, Shite 900 0950622Concord, CA 94520-5211 7.crptlr�lal t?epoi033-97iOfmthks to Inspection Date(s): oat's of Receipt Serious 09 01/22/97 - 07/10/97 of This 1t_ Inspection&te, Notification unten Solano Avenue cantesteti s.To Martinez, CA 94553-1487 Tcaco Refining and Marketing Company Avon Refinery Martinez, CA 94553-1487 This Section MY Be Dawned &&-fare HIS CITATION is being issued In accordance with California Labor Code section 6317 for violations as shown below that were found iDsrMg tiring the inapectipnlinvestigation. This citation or a copy thereof,must be'prominently posted upon receipt by the employer at or ear the location of each violation until the violative condition is corrected or for three working days,whichever is longer This citation nd notification of penalty shall be deemed to be the final order of the Occupational Safety and Health Appeals Board and not subleet i review by any court or agency unless,within 15 workdays from the date of receipt of this citation,you notify in writ ng the California iccupational Safety and Health Appeals Board of your intention to appeal.Violationsof Title 8 of the California Code of regulations r of the California Labor Code may result in some instances in prosecution for a misdemeanor. 3EE REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS./ L Item Number 1s. Date by WRech t6. Pena+ty 3. Standard:Regulation or r4. Oescriotion vioiahon must Section of the Act Violated' Be Abated 1 08/26/977000 '0 5189(f)(3') The operating procedures shall be reviewed as often as necessary to assure that they reflect safe operating practices, including changes that result from changes in;process chemicals, technology, and equipment; and changes to facilities: The employer failed to assure that the operating procedures' reflected safe operating practices by updating the operating procedures as follows: a) Hydrocracker Unit: The written operating procedures were not updated to reflect the installation of the;Intelligent Automation (I/A) system on,1/10/97; including g additional temperature indicating thermocouples in the reactors instrumentation panels for display of the temperature data , installed underneath the second stage reactors, and temperature display hardware in the Hydrocraeker control roam. The operating;procedures;,provided by the employer during this investigation were dated 1988. 11 Signature .r 2, is. Totat Safety-Ernginee tindustriaiienist: ttict Manager 'Refers to sections of Title 8,California Code of Regulations except for sections of the California Labor which are receded tato 911. P P by..LC.. Petwity for This MPLOYER RIGHTS AND RESPONSIBILITIES: The enclosed booklet outlines employer rights and responsibilities and should be Citation 'esti in conjunction with this notification: +armct»c* IETURN ONE COPY AND THIS'NOTICE DEPARTMENT OF INDUSTRIAL RELATIONS COPY TO: =:Z WITH YOUR REMITTANCE AND AVAIL TO. CASHIER ACCOUNTING OFFICE White; Employer r.�usssK� PO'Box 420603Yepow - Employer rode ee Pink Case File San'Francisco, CA 94142-0603 Golden Rod - Accounting GALOSH-2(REY 12/951 Remittarme -MATION AND NOTIFICATION OF KNALTY y '4 ' ,. .v - t+{�<U#4 •��. cif- CALIFORNIA DEPARTMENT OF INDUSTRIAL RELAnONS + VISION OF OCCUPATIONAL SAFETYAND HEALTH Ration and Notification of Penalty 03*- 14.16,14WKSon nl, er Concord District Office - Cal/OSHA {Index-4428} 07/10/97 125766931 1485 mea Cixcle, $.A -d oY96 Building E, Suite goo �2 ,A Concord', X4524--5211 .3 �f No. 8 I±NCS # of welif� Es to.Insprx:titsrl t3atefsIt 8eri€at�.s C39 131/22/37 -- 07/10/97 It. Inspectkcn Site: Kwitcation Solano Avenue wogs Contested 9•Ta: Martinez, CA '94553-1487 Tosco Ref inng and Marketing CQqpsi y Avon Refine Martinez, CA 94553-1487 Diis Sectw May;3e Deewhed Beton! ' HIS CITATION is being issued in accordance with California Labor Gude section 6317 for violations as shown below that were found Posting wring the inspectionliltvestigation. This citation,or a copy thereof.must be prominently posted upon receipt by the employer at or, sat tha location of each violation:until the violative condition is corrected or for three working days+whichever is for e.z7bis citation nd notification of penalty-shall oe deemed to be the Roof of der'of the Occupational Safety and t#elalth meals Board and not suoject review by any court to€agency artless+within t5 worlutays troll,the date of receipt of this citation,you'notify in writing the California )ccuptationat Safety and Health Appeals Boar€3 of your intention to appeal.violations iof Title$of the Caflfornia Code of Regulations -r of the California Labor Code may result in some instances in prosecutions for a misdemeanor. SEE REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.) 2. Item Nurnoeb ts. Date by Which 16. Penalty 3. Standard.Regulation or 14. DeScr+ptsaa violation Must Section oI the Act Violated Be Abated b) Hydrocracker' unit: The written operating procedures were not tested to reflect the recd mltendations' contained in the two "Adverse Happenings Reports" of 7/23/92 and 3/19/96 which addressed more stringent controls to prevent future talip$rature excursions in second stage reactors. The operating procedures provided by the employer during this investigation were dated 1988. / c) Hydrocracker Unit': The written emergency operating procedures were not gated to reflect recommendations contained in the ".near Miss" report of 7/23/92, which addressed the addition of an operating safeguard to prevent' 'recurrence of future vapor cloud releases and possible f.iare. Ti`s emergency crating procedures provided by the employer during this investigation were dated 1992. d) Hydroc acker Unit; Employer :initiated' a change to a more reactive catalyst in the stage 2 'reactors in March of '1996, but did not change written' operating 'procedures' to reflect this change in process chemistry.stry. The operating n procures provided by the em er dur' `s investigation were dated i 17. Signature t&. "(ictal satety Engin rad Y9+ fft manager $7,000. `Aefers to sections of Title B.Calif-evia' of Regulations except for sections of the California Labor CoWwhich are preci d b1/ kW TIft "LC" �rtet Penalty, EMPLOYER 1IGHT$AND RESPONSIOILI'TIES: The enclosed booklet outlines employer rights and responstbilit#es and should be Chat, read in cor4unction with this notification. hUwe cr, . RETURN ONE COPY AND THt5 NOTICE DEPARTMENT OF INDUSTRIAL RELATIONS COPY TO: WITH Y 7UR REMITTANCE AND MAIL10: CAISHIER AccouunNdi oFFtcE While - Employer PO Ear 42ffi 33 Yellow+!- Employer Pink - Case File Sart Frarrrclsco, CA 94142{)61)3 Nun** Golders Rod Accounting on CITATION AND NOTIFICATION OF PENALTY ' ++,..:`'�; CALOSH•2{REV 1219+51 Rsmit+rrtee 6 v.e TE CSF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS 4- VISiON OF OCCUPATIONAL SAFETY AND HEALTH tation and Notification of Penalty i Issuance Date a Inspection Number Concord District Office Cal/OSHA (Index=4028) 07/10/97 125756931 1465 Elnea Circle, s.Meg _&C Building .E, Suite 900 Concord, CA 94520-5211 7t ffn sA No. S Pr NAL 1 ftnoes i� Are true 1. Type of violation(s) 2. Citation Numbpr Of Wilton is 10.Inspection Dates} Days of 01/22/97 -- 07/10/97 of Ti Serious � 20 Of This 11_ Inspection Site: 1`1911ficatiort, Solan Avenue untess 9. To: Martinez, CA 94553-1487 Contested Tosco Refining and Marketing Company Avon Refinery Martinez, CA 94553-1487This Section Detached Belpre I!5 CITATION is being issued in accordance with California Labor Code section 6317 for violaUans„as shown below that were f and PM” tiring the inspectionlinvestigation_This citation or a copy thereof, must be prominently posted upon receipt by the employer at or air the location of each violation until the violative condition is corrected or for three woiIting bays,wb4cheveis longer_This'citation'' id notification of penalty shalt be deemed to be the final order of the Occupational Safety Arid Health Appeals Board'and not subject review by any court or agency unless,within 15 workdays'from the date of'receipt of this citation,you notify in writing the California cupational Safety and Health Appeals Board of your intention to appeal.Violations of Title 8 of the CaliforniaC ode of Regulations of the California Labor Code may result in some instances in prosecution for a misdertteanor .EE REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.) item Number 15.' Date by Which 16- penally Standard, Regulation or 14: Description Violation utast Section of the Act Violated Be Abated 97 5189(f)(4) Employer shall develop and implement safe work practices to provide for the control of hazards during operations.. -by maintenance, contractor, laboratory or support personnel. These safe work practices shall apply to employees and contractor employees: a) Hydrocracker Unit: Employer did not develop and implement safe work practices associated with reading local temperature indicating panels located directly under the second stage reactors for contract engineering employees or employer's' support personnel. The process. of reading and recording the temperature data at this location could require up to 45 minutes. The reactors process feed containing hydrocarbon and hydrogen at approximately ;1600 psi and 650 degrees F Uhler normal operating conditions, and can experience hither _ temperatures at other than normal operating conditions. T. Signature j t& U75.0 Safety Enginep61ndnt ygienist District Manager Refers to sections of Title 8,California Code of Regulations except for sections of theCalifornia labor CIV which are preceded by"LC" 1bfiit Petrittty fv1P jOYER RIGHTS AND RESPONSIBILITIES: The enclosed booklet outlines employer rights and responsibilities and should be bt ,s, ead in conjunction with this notification. MkkW ci,.o., fETURN ONE COPY AND THIS NOTICE DEPARTMENT OF INDUSTRIAL RELATIONS` COPY TO, ivory ander White - Employer .. VtTH YOUR REMITTANCE AND MAIL TO: CASHIER ACCOUNTING OFFICE Yefiow - Employer PO Box 420603 tretute San Francisco. CA 94142-0603 Pink - Case Fila Golden Rod Accounting aur iTATION AND NOTIFICATION OF PENALTY r CALOSN-2(REv t2r95) nemin"Ce ,I 1E OF(',;At:.€FG11Tt�itA GrEPARTMENT OF tN US TIAL RELATION YE-3iON OF OCCUPATIONAL SAFETY AND HEALTH tatidrl and Notification of Penalty a,Issuance t7ate 14.lrsspection tU Concord District irict Officem -� Ca �A (Index=4028) t17Z1Q 97 125766931 1465 mica Circle, s. t0 6.CWH Q Building , Suite 9W �t�6 2' X9862' Concord;, CA 94520-5211 ZOixi �No. t� 10.inspect€on Vate(s). vt 01/22/97 - 47/10/97 Serious: 11 11. Inspection Site. U�e tt�, Solatno Avenue >ttntesteu s. To Martinez, CA 94553--1487 Tosca Ref uu ig and Marketing Compa,ty Avon Ref inery Martinez, CA 94553--1.487 Tits sectors May Be tletactim Bettie itS CITATION is being issued in accordance with California Tabor Code section 6317 for violations as shown below that were found POW9 tring tt*inspebtiorvinvestigation.This citation ora copy thereof, must be prornfnently posted upon roceipt b the em pbyer,at or far the jok of eget€uiotat`on until the violative condition is corrected or for three woilcint deys wttttever is longer.T7tis dation ad notification of penalty shaft €eerrtted to bathe final order of the Occupational Safety and Neal#h Appsels Board arid rasa SUbieet review by any court or agency tfess,within 1 workdays from the mete of receipt of this citation,yct€t notify Irt,anrriting IIIc California :cupational Safety arid Aealth Appeals�ttard of your intention to appeal.Viotations of'aIle 8 of ttte Cafifornia`code o€80,gulation,s of the California Labor code may result in some instances in prosecutionfor a misdemeanor. SEE REVERSE SLUE.FOR APPEAL-.:RIGHTS AND EMPLOYEE RIGHTS.) Item Number 15. Date by Which 1s. Penatty Standard.Regulation or 14. Description violation Must SeC 011 of Me Act vraiated Be Abated 1 48/26/97' $7000.4= 51.89(g)(2) At least every three years, and more often if necessary;, refresher and supplemental training shall be provided to each operating employ" to ensure safe operation of the facility: l ' a) Operating personnel assigned to the Hydrocrac er Unit did not receive supplemental training in conjunction with the installation of the Intelligent Automation (I/A) ;temperature indicating system; in 1995 and 1997. b) Operating personnel assigned to the Hytlrocracker Unit did not receive refresher training specific to the safe operation of the Hyd3rocracker Unit at least every three yeaars i t„ Signature ik Totat Safety Enge r t�gientst ,strict manaoer 7000. Refers to sections of Titte 8.Catifomia Code of Regulations except for sections of the California Tabor Cog which are preceded by-LCtwat Penalty W This :MPLOYO�AJGHTS Ault R SP©NStf3tLt`nES: The enclosed booklet outlines employer rights and responsibilities and should be C aticn >ad in coMunction with this notiftattort. M04 Check Or tETURN oNE COPY AND THIS NOTICE DEPARTMENT Of €NDUSTRiAL RELATIONS COPY TO, PITH YOU :REti IT TANCE AND MAIL TO:;, CASHIER ACCC)U"NG OFFICE White - employer ros*fa PC} Brix 4 6tif}3 Y�e#OW`4 Employer Sart Francisco G CA 94142-0643 GoPinlden: - Case l=ate Number ottiert'Rod -'Account ng 0" ITATION AND l+i£33`€PICATION of PENALTY r t CALO5H-2(REV 12105)' tttimee v, .., e.:+�..nrvn.v,r..Jcrr`cri iMtN 1 t.il" itVUU,i tilAt Yi'YLA71CTN$ ... �1. , .SION'OF OCCUPATIONAL:SAFETY AND HEALTH T -ition and Notification of Penalty 3.issuance Date 4,Inspection Number Ooncord District Office - Cal/OM (Index=4028) O7 VO 9fi _ __125766+331 1455 Rnea Circle, S fie rti ID ti;rsEnH to 04966H2 F9862 Building E, Suite 900 7.Optional Iz No. rvo. lathes Concord, CA 94520-5211 4333--97 of 1 tz tom� io.inspectlon Datem., Rec of Serious IZ 01/22/97 - 037/10/97 Of This it. inspection Site: wiliieautin Unless Solario Avenue Contested 9. To: Martinez, CA 94553-1487 Tosco Refining and MarketLig Company Avon Refinery Martinez, CA 94553-1.487 This Seetltwi May tae Detached Odom -115 CITATION is being issued in accordance with California Labor Code section 6317 for violations as shownbelow that were found ; POST" firing the;inspectiontinves0gation. This citation or a copy thereof,must be prominently pasted upon recut by the employer at or lar the location of each violation until the violative condition is corrected or for three working days,whichever it longer.This citation id notification of penalty shall,be deemed.10 be the final order of the Occupational Safety and Hieafth Appeals Board and not sutryect review by any court or agency untesS,within 15 workdays from the date of receipt of thiscitation,you Aptify in writing the California cupational Safety and Health Appeals Board of your intention to appeal.Violations of Title 8 of the California Code:of Refit Fations of the California Labor Code may result in some instances in prosecution for a misdemeanor. EE REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.) Item Number 15. Date by Watch 16. F?enahy Standard. Regutation or iA. Deseripvon Violation Must Section'of the Act Violated b Be Abaters l 08/26/97 $2500.0 5189(i)(2) The pre-startup' safety review for new and modified facilities shell confirm that prier to the introduction of acutely hazardous, flammable and explosive materials to °a process: (A) Safety, operating, maintenance and emergency procedures are in place and are adequate; (B) Training of each operating employee. —has been completed; a} Hydrocracker Unit: The employer did not perform a pre-startup safety review after installation of the Intelligent Automation. (I/A') temperature indicates item for the second stage reactors on January 10, 1997, and therefore dial not confirm that all safety, operating, and emergency procedures were in place and adequate to reflect Manges in procedures necessitated by the modified temperature indicating system. Nor did the employer confer that the training of each operating employee had been completed; AA' Signature 7. ie: ` Sfl4 .C3 Safety Enginegoindustr ygten st D Inlet Manager TOW Refers to sections of Title 8,California Code of Regulations except for sections of the California Labor a which are preceded by"LC" ft"In: ter ails:, MPLOYE.R RIGHTS AND RESPONSIBILITIES. The enclosed booklet outlines employer rights and responsibilities and sF c+utd be Citattctt sacs in conjunction with this notification; f"om ' COPY TO: >wy twr iETURI+ ONE COPY Af+i1,'D THIS NOTICE DEPARTMENT OF INDUSTRIAL RELATtONS VITH YOUR REMITTANCE AND MAIL TO: CASHIER ACCOUNTING OFFICE White - Employer �at�risttA' PO Box d2t tio3 Yellow- Employer Wink - Case'File insai+ San Francisco. GA 94142-0603` Golden Rod - Accounting ITA7tt7N AND NOTIFICAMN OF PENALTY `11''!#r`-..1 CAt CZSN.2(REV t2t55] nemitesnsa uw W+t,rt--NIA uC11AHTMEN1 Ut- tNllUSt RIAL RELATIONS 11IS16N OF OCCUPATIONAL SAFETY A14© HEALTH'' tatiorl and Notification of Penalty I fssuartea Datea trtspect,cir►Numtw Concord District office -- Ca2/osm (Index=4028) 07/10/97 225768931. 1465 Enea Circle., 5.Regin IIS 8 CSEJtti 1C3 Building' E, site ,900 09 or x'9862 Concord., CA 94520-5211 ta3397 Report rvo: s. ge NW, � On ` i Wilt t5 W.Inspec^iion Datef# - Paw of 01/22/97 - 67/10197 Receipt serious 11 inspection site: Notification Solano Avenue artless s. To Martinez, CA 94553-1487 Cf7rftC5tfd Tosco Refining and Marketing company Avon Refinery Martinez, CA 94553-1.487 Tris Section y Be' Detached. Before if$CITATION is being issued in accordance with California Labor Code section 6317 for violations as shown wow that were found Posting ,ring the inspe5ctionlinvestigation. This citation or a copy thereof.must be prominently posted upon receipt by the ernpbyer at or gar the location of each violatiotl until the violative condition is corrected or for three working days whichever is longer:This citation ,d ncsiification of penalty shall be deemet>to be the final order of the Occupational Safely and Health Appeals Board and not subject review by any court or icy a tiers,within 15 workdays from the date of receipt of this citation,',you notify in writing the California ,cupational Safety and Health Appeals Board of your intention to appeal.Violations of'Title 8 of the California Come of Regulations of the California Labor Cole may result In some instances in prosecution forS4 misdemeanor. ;EE REVERSE SIDE FOR APPEAL RIGHTS AND EMPILOYEE'RIGHTS.) Item Number 45.. Gate bys Which 16. Penalty Standard. Regulation or td. Description Violation Must Section of the Act Violated Be Abated 1 08126/97 $7000.0 5189(7)(2)(B) Inspection and testing procedures shall fallow recognized and generally accepted gird engineering practices a) Hydrocracker Unit Moyer did not follow the recognized and' generally' accepted cod engineering 'practice of the development and ;implementation of a special emphasis inspection program utilizing testing protocols specific for identifying corrosion phenomena associated with hydrogen to which various (pressure vessels and piping are susceptible in their currentservice. b) Hydrocrracker unit: Employer did not follow recognized and generally accepted good engineering practice in its failure to ensure that inspection, c`oamntation and certification of welded repairs 'were :completed for code pressure vessel repairs'= as follows: 1) Piping Engineering: Repair #6490-11 2) Piping Engineering:; Repair #15490-12 3} Piping Engineering.- Repair #22665 4) Glitsch: Repair #5481 5) Glitsc Re Lr, 445428-A422 signature tit. Total safety Engr lfndu at yVsnW cKi4ct Manager ^ 1efers to sections of Title 8,California Code of Regulations except for sections of the California Labor C e which are preceded'by"LC.'' ill M►PLOYER FRIGHTS AND RESPON5181LfTIES: The enclosed booklet outlines employer rights and responsibilities and should be err This 'ad in craryur�tction ,�vitft this ncatificatican.' Cftation 'rAtk!C3tttk ETURN ONNIF COPY AND THIS NOTICE DEPARTMENT OF.INDUSTRIAL RELATIONS COPY TO: vVhite - employer p+rriere ro: LITH YOURI�EMtTTANG>r AND MAIL TO: CASHIER AC%CC>UNTING t3FF10E -c�urssat�.. PO Sox 420603 Yellow. Employer San Frandsco. CA 94142.0643 Fink - Case File >n Golden Rod - Accounting *' * TATION AND NOTInCATION OF PENALTY CAtQsri-2(REV 12M)12M) Htmitsonence rE OF CALIFORNIA DEPARTMENT"OF INDUSTRIAL RELATIONS rEWON OF OCCUPA11014At SAFETY AND HEALTH tation and Notification of Penalty 3.issuance Date 4. 2.x' 6931 ins on Number Concord District Office -'Cal/OSHA (Index=4028) 07110/971 2455' Enea Circle, s s c Building .E, Suite 900 �� Concord, CA 94520-5211 r No. apage Na pmwes 2 Ale Due Of 0111111 is : + to.Inspection Date(s): - Dap at 02/22/97 -- 07/10/97 Recut Serious 13 of This 11. inspection SFte Notification 8olano Avenue Contested s. Tia: Martinez, CA 94553-2487 Tosco Refining and Marketing Company Avon Refinery Martinez, CA 94553-1487 Trus Section fay Be Detached Bekxe IIS CITATION is being issued in accordance with California Labor Code section 6317 for violations as shown below that were found Posting ring the inspection/investigation This citation or a copy thereat,'must be prominently posted receipt by the employer at or ar the location of each uiofation until the violative condition is Corrected or for three working days,whichever is longer.This citation' d notification of penalty,shall be deemed to be tfle final order of the Occupational Safety and Health AC`tpeals Board and notsubiecr review by any court or agency unless,within 15 workdays from the date of receipt of this citation,you notifyin writing the California' .cupational Safety and Health Appeals Board of your intention to appeal."Violations of Title 8 of the California Code of Regulations of the California Lagar Code may result in some instances in prosecution for a misdemeanor, EE REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE`RIGHTS.) Item Numtrer 16. Date by Which 16. Penalty Standard. Regulation or - 14, Description. Vtt#t$tc6n ttlusi.. - Sectsoo of the Act Vioiateo Be Abated C) Hydrocracker Unit: Employer did not fallow recognized and generally accepted good engineering practice in its failure to specify the method and frequency of testing of the 100# and 300# emergency shutdown depressuring,systems to ensure their reliability, as recommended lay the American Pef xoleu Institute (API) RP 750, section 8.5 "Testing & Inspection." d) Hydrocracker Unit: Moyer did not follow recognized .and generally accepted good engineering practice in its failure to verify original metal wall thicknesses of the second stage reactor #3 effluent piping, which piping circuit was originally fabricated from piping components of dissimilarpipe (standard pipe wall thic)Mess). Therefore, based on the single pipe metal wallthickness measurement made by the in 1992 of the reactor #3 effluent pipe section which ruptured on January 21, 1997, employer was table to reliably predict an accurate corrosion rate for this piping circuit .in high temperature hydrogen service. r Signature ts» MOO. Safety Ergineerllndu mist District Manager ;eters to sections of Title 8,California Code of Regulations except for sections of the Califo n a Labor Cod which are preceded,by"t-C for Mix VIPLOYER RIGHTS AND RESPONSIBILITIES, The enclosed booklet outlines employer rights and responsibilities and should be £ttatinrr. ad in conjuniction with this notification. E'fUftRt ONE COPY AND THIS NOTICE DEPARTMENTOF INDUSTRIAL RELATIONS COPY TO: 'ITH YOU14 REMITTANCE AND MAIL.TO: CASHIER ACCOUNTING OFFICE White -Employer If caua§►ss PO box 420603 Yelic+w - Employer rnwc.rA Fink - Case File *" San Francis;o. CA 94142-0603 Golden Rod - Accounting rATlrJrt AND NQTIFCCATION OF PENALTY ^ ,e� ,SIA CAti7Stt-2{REV r2t451 gemmencs ;... %AJ V 4 V TE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS V1iRON OF OCCUPATIONAL SAFETY ANO HEALTH tation and Notification of Penalty 3..issuance Date, t4lh2s "f umbeConcord District dffive' w Cal/OSHA (Index-4028) Q7110/97 3" 7f5�331 1465 Enea Circle . 5.f ' tt'? 2 }L Building E, Suite 90t3 Concord, CA 94520-5211 r 0 rat ReportNo. a P e No. 1 1 Am Ow Of Within' S 041 of, 7 !ious tnSpeCti111122197 '- 07/10/97 of Se7ti. Inspection Site- Nwittcaftit Itntess Solan Avenue CmIeVed 9. To. Martinez, CA. 94553-1487 Tcisco Refining and Marketing Company Avon Refinery Martinez, ;CA 94553-1487 This Section Atay Be ftetaeriec tletaue HIS CITATION is being issued in accordance with California Labor Code section 6317 for violations as shown below that were found Posmv< uring the inspectionlintlestigation.This citation or a copy thereof,must be prominently posted upon receipt by the employer at or ear the location of each Violation!until the Violatisral<condition is corrected or for three working Clays,whichever is longer This citation rid notification 1st penalty shaft be deemed to bo the final order of the Occupational Safety And Health Appeals Board and not subject 3 review by any court or agency unless,;within 75 workdays from.the state of receipt of this citation you notify in writing the California ?ccupational Safety and Heafth Appeals Scaard of your iRtention to appeal Violaltions of Title 8 of the California Cute of Regulations ,r of the California tabor Code may result in some instances in prosecution for a misdemeanor SEE REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.) 12. Item Number 15. oate;by V+JN01 �>16. Penalty 13. Standard. Regutatron or 14. bescrtpvon Violation lulus Section of itie Act Violatea Be Abated 08/26/97 $7000. 5 .89(J)(2)(C) The frequency;,of inspections and tests shall be consistent with gond engineering practices and more frevently if determined neMssalrly as dictated by operating history a) Hydrocracker Unit:. On January 21 1997, a 12" diameter pipe -section'-of the second stage reactor #3 effluent piping ruptured, resulting in a fire in which an operating employee' was fatally injured. 'The pipe section which ruptured had been ultrasonically inspected for'metal wall' thickness Only Ons e during its 30--plus years in high temperature hydrogen service prier to the ',explosion and fire of 1121/97. In its current service, the pipe section was susceptible to corrosion phenomena associated with hydrogen and high temperature sul.f idation._ Periodic inspection 'is required, to identify these corrosion phenomena, as recommended by industry odes and standards. 117. Signature Is. Total $7000. Safety Engi9690tnd!!2AnWtust District Manager 'Refers to sections of Title 8,California&AIRegulations except for sections of the California Labor C e which ata preceded by"LC" Total Penalty fat This EMPLOY4RAIGHTS AND RE PC3tMOILIT ES: The enclosed booklet outlines employer rights and responsibilities and Should be citau" react in c6blunction with this notification. Moto Cheek COPY TO: man"Or"r RETURN ONE COPY ANIS THIS NOTICE DEPARTMENT OF INDUSTRIAL RELATIONS ca: WITH YC3t fR EtEMITTANCE AND MAIL TO: CASHIER ACCOUNTING OFFICE TNlllfe -Srrtptoz}er ea►t�tssxx. Pt) Box 420603 Pk* Employer I�tltaie l'k* :Case File lnar»czron San Francisco, CA 94142-0603 ++ Golders Rod - Accounting CITATION AND NOTIFICATION OF PENAt.TY �.i IML CALOSK-2(REV 12!85) Rsmitisntm IL OF CALIFl R-NIA 0ERAAT-M-ENT OF INDUSTRIAL REtArIONS 4- lISiON OF OCCUPATIONAL SAFETY AND HEALTH tation and Notificati6n of Penalty 3.Issuance ce tate a.Inspection Number I Concord District Office E�n -- cal/OSHA (Index=4028) 07/10/97 125766;91:1� 1465 ea Circle, Building E, Suite 900 Concord, CA 94524-5221 ��41apw No 2 An Ow t o No- 21" .. . 12. Citation Numoer °tUNA is 10.Inspection Date(s): 01/22/97 - 07/10/97 ��Of Serious 15 of TMs 11, Inspection Site, Notiticautin Solana Avenue " less Contested 9. To: Martinez, CA 94553-1487 Tosco. Refining and MarketingCompany Avon Refinery Martinez, CA 94553-1487 This Section play� Oetaned Before IIS CITATION is being issued in accordance with California Labor Code section 6517 for violations as shown below,that were found ming ring the'inspectivntinvestigation.This citation or a copy thereof,must be prominently posted upon receipt;by the employer at or ar the location of each violation until the violative condition is corrected or for three working';days,whichever is longer. This citation d notification of penalty shalt be deemed to be the final order of the Occupa lanai Saiety aracl t Iealttt.Appeal513oard and not sut ect review by any court or agency unless,within 15 workdays from the date of receipt of this citation,you notify in wrlting the California :cupational Safety and Health Appeals Board of your intention to appeal.Violations'of Title 8 of the California Code of regulations of the California Labor Code may result in some instances in prosecution for a'-misdemeanor. EE REVE=RSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS,) Item Number 15. Cate by Wht ch t5. 'Penalty Stancard:Regulation or 14, Descr,ption violation Must Section of the Act Vtolated Be Abated 08/26/97 $1875.0 52890)(2) The employer shall establish and implement written procedures to manage oranges to process chemicals, technology, and equipment, and changes to facilities. a) Hydrocracker Unit: Employer did not ;implement a written procedure to manage the change from the temperature indicating data logger to the Intelligent Automation (IIA) temperature display on January 20, 1997 in the Hydrocracker control room. b) Hydrocracker Unit: Employer did not implement a written procedure to manage the change from the Intelligent Automation (I/A') temperature display to the temperature indicatirig data logger on'January 20, 1997 in the Hydrocracker control room. c) Hydrocracker Unit: In January, 1997, employer initiated a change in process equipment which involved transferring from the temperature indicating data logger to the Intelligent Automation (I/A) display system. Operating employees involved in the process were not informed of, nor train e Signature I$. Total Safety Engine ttindustr ygienist District Manager tefers to sections of Title 8,California Code of regulations except for seations<of the California Labor Code ich ase preceded by"LC" ttE t'trtriity I ft OPLOYER RIGHTS AND RESPONSIBILITIES: The enclosed booklet outlines employer rights and respbnsibitities'and should be CCtpnan ad in c nlunction with this notification_ Mlike Cheek TUYellow - Employer ONE COPY AND THIS NOTICE DEPARTMENT OF INDUSTRIAL. RELATIONS CC7PY TCJ. M IT" YOUR REMITTANCE AND MAIL TO. CASHIER ACCOUNTING OFFICE White - Emp loge r exucrs+tA" PO'Box 420603 San Francisco, CA 94142-0603 Pink-Case File wumrxs Gtalde» Rod'- Accounting o.t ATION AND NOTIFICATION OF PENALTY GAloSki g GREY 12t951 fbtmeiea*+ac IA 022 AIE GAl IFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS iwsioN of€ cCUPATNt3NAL SAFETY AND HEALTH Ilr3 ttlKt c1Clt Notification tCatft3ft Of Penalty 3.tssuarim Data 4.tnSpeCE€an lYutYsper { Concord'District Office - Cal/c�SHA (Index=4028) CN7/1p/97 2576f1931 1465 Enea Circle, S R ID s CS""to Building E, Suite '900 09 0612 x`9862 Concord; CA 9462{}- 5211 z tV gnat t tort roc,. a tuo. t es 0 3- 97 01 2 Aro It 'ttttt��s, t0.lnspt to Dale(s), tea"of (31/22/97 - 07/10/97 torr ipt Serious it. inspection Site N�iC€cati€m Solano Avenue Contested 9.To: Martinez, CA 94553-1.487 Tc5co Refining and Marketing Company AvonRefinery Martinez, CA 94553-1487 This Sectors M3'" Detameo Satre, HIS CITATION is being issued in accordance with California labor Code section 6317 for violations as shown below that were found Posting: cuing the inspectionfinvestigat on.This citation or a copy thereof, must be prominently posted',upon.receipt by the employer at or ear the location of each viotatit n until the violative Con pion is corrected or for titres working days t whiChaver is tctnger.This Citation nd notification of penalty shall be deemed to be the final order of the Occupational Safety`and Health Appeals t3oard and not subject r review by any court or agency unless,;within 15 workdays from the date of receipt of this citation.you notify in writing the California lccupationat Safety and.Health,Appeafs Board of.your intention to appeal.Violations of`title 8 of the California Code of Regulations r of the California Labor Code may result in sorne instances in prosecution for a misdemeanor. 5E£ REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.) 2. Item Number 15. Date by wn cd is. Penalty 3. Standard. Aegu€ation of 14. Descript;on violation Must Section of the Act Viotated Be Abated operation of the caged process equipment, as required: in section (1)(3). d) Hydrocracker Unit: In January, 1997, employer initiated a change in. process (zips ent which involved transferring from the temperature indicating data logger to the Intelligent Automation {I/A} display system. This change should have resulted in employer's update of its process safety information; however, the process safety information was not updated, as required in section (1)(4)• e) Hydrocrackex Unit: In January, 1997, employer initiated a change in process e p pent which involved transferring from: the temperature indicating data logger to the Intelligent Automation (IIA) display system, which chance should have resulted in an update of the written operating procedures. Employer did not update the written operating procedures, as required, in section (1)t5). X� 21;) AAA 7 Signature 18. Total Safety Engin emndust en€st District Manager $1,875-00 Refers to sections Of Title 8.California Cade of Regulations except for sections of the California labor Cade' ich are preceded by-LC"' Total I't nasty Mir This ;MPLOYER RIGHTS.ANO RESPONSIBILITIES: The enclosed booklet outlines employer rights and responsibilities and should be citaiiem gad in Conjunction with this notification. MOM Chalk Ar IETCIRN ONEiCOPY AND THIS NOT" DEPARTMENT OF INDUSTRIAL;RELATIONS COPY TO. ATH YOUR.REMITTANCE AND MAIL 70— CASHIER AccOt1NTING'OFFICE White w Employer cAucss t� Po Sox 420643 Y--flow -sloplover u,auckce Pink • Case File` t�w.trt� tan Francisco, GA 94142-D603 tt,«rio+rs Esr�iden loot# - Accounting CAL0 H-2IREV 12r95r Remittsnce 'TATION AND NOTIFICATION Of PENALTYK L Ur-VAHr MtivT 01 IN(JUSfRIAL RELATIONS V13ION OF OCCUPATIONAL SAFETY AND HEALTH nation and"Notification of Penalty 3.Issuance Date 4.inspection Number i=Cord District office - Cal/OSHA' {Index=4028} 07/10J97 125766931 1465 Enea Circle, S Reporung to fk Cs lH to Building E, Suite 900 0950622 x'9862 Concord; CA 94520-5221 7 opc+onat R"ott;Nr rvo, fomes TypeI. N'. : . 1( P��I I � I, I 033-97 � of 1 Mr �T 10.Inspection Date($); Boo of Receipt Serious Ila 01/2:2/97 - 07/10/97 of Tats 11. Inspection Site, Natifiratmt tfnli s Solano Avenue r€testel€ s.7a Martinez, CA 94553-1487 Tosco Refining and Marketing Company Avon Refinery Martinez, CA 94553-1487 This SeC*tQa Rtatr Be t7etac€' < rr:BBritt� HIS CITATION is being issued in accordance with California Labor Code section 6317 for violations as shown bek v that were foundPosting Bring the inspectionlinvestigation. This citation or a copy thereof:must be prominently posted upon reeeip#by tate employerat or, oar the location of each violation until the violative condition is corrected or for three working days,whichever is longer.This citation td notification of penalty shall be deemed to be the final order of the Occupational.Safety and Health Appeals Board and not subject review by any court or agency unless,within 15 workdays from the elate of receipt of this citation,you rtot•ity.in writing the California ccupational Safety and Health Appeals Board of your intention to appeal. Viotat'Ions of Title a of tate California Code of Regulations of the California Labor Code'may result in some instances in prosecution for a misdemeanor. >EE REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.) t. Item Number 15. Oate by Which 16. Penalty 3. Standard Regulation of 14. Description Vioavon Must Section of the Act Violated Be Abated 2 08/26/97 $2500.0 5189(l)(4) The employer shall establish and implement written procedures to manage Changes to process chemicals, technology, and equipment, and changes to facilities. If a change ;clovered by this subsection results in a change to the process safety information, such information shall be appended and/or updated in accordance with subsection (d): a) Hydrocracker Unit: Moyer changed the pressure set paints of four relief devices' for the 68-C6 Recycle Splitter pressure vessel., as documented in employer's' Management of Mange document "Relief device Change Approval."' However, employer Is process safety information was not appended azsd/or ,tested to reflect the change, T. Stgnafure tIel 1104% Lf 16_ Total Safety E neerttn aI tfygoen,st Isirict Manager Refers to sections of Title 8,California Cabe of Regulations except for sections of the California Labor COd loch are preceded by"LC" r° Prna4iy .MPLOYER RIGHTS AND RESPONSI11311-1TIES. The enclosed booklet outlines employer rights and responsibilities and should be tG1 t n sad in conjunction with this notification. �I.ra ctacr tW€?PY TrJ: Money©Baer IETURN ONE COPY AND THIS NOTICE DEPARTMENT OF INDUSTRIAL RELATIONS e to VITH YOUR REMITTANCE AND MABs Tf3: CASHIER ACCOUNTING OFFICE ' White • Employer cAtsasw• PC} flax 420603Yetfow - Employer Pink • Case File to San Francisco,£A 94142.0603r+ Gafdan Rod - Accounting CALU$N•2 tR6v tires} ITATION'AND NOTIFICATION OF PENALTY Femtnance IVISION OF OCCUPATIONAL SAFETY AND HEALTH itation and Notification of Penalty I lssuance C);* 4.tnspectron,NuMbe( ^,ancord District. Office - Cal./CLIA (IndeX=4028) 071i0197 125766931 1465 Inea Circle, &S3M9113 s.CNN 7. Building E, Suite ' 0 Concord, CA 0451"211 21.2 7 6rgepon No- t it NO. AtisooF 0 MOM UM W1 MWlPenalties is tCt.tnsp batefsi, �� Serious 17 01/22/97'- 07/10/97 It. trtsp anon Site: Ndtibtation Unless Solana Avenue Contested 9. To: Martinez, CA 94553--1487 Tosco Refining'and Market nq Company Avon Refinery Martinez, CA 94553-1487 This Section May He Detached Before HIS CITATION is being issued in accordance with California Labor Cade section 6317 for violations as shown below that were found feting uring tate spectiontinvestigat on. This citaWn or a copy thereof, trust be prominently posted upon receipt by the employer at or ear the location of each violation until the violative condition,is corrected or for three working days,whichever is longer.This citation nd notification of penalty Oall be det?tried to be,the final order of the occupational Safety and#•Ieafth Appeals Berard and not subject x review by any court or agency otrlfess.within 1S workdays from the date of receipt of this citation.you not!#yin writing the California )ccupational Safely ani Health,Appeal;Board of your intention to appeat.Vaoiatigns of Title a of the CWornia ode of Regulations r of the California Labor Code rna resuit in seine instances in prosecution for a misdemeanor. SES REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.) 2. item Number 15. Date by Which 16. Penalty 3. Standard,Regulation or 14. Descrfptton vuotatton Must Section of the Act Violated Be Abated 08/26/97 $1875.0 The envloyer shall establish and implement written procedures to manage changes to process chemicals, technology, and equipment, and changes to facilities. rf a change results in a change to the operating procedures, such procedures shall be append--ed and/or tpdat;?d; a) Hydrocracker Unit: Management of Change doc;'Lif*nt, No. 150044, dated 12/15/95, indicated that a Change in operating procedures was required ow veer, the written operating procedures do not reflect; the change. Q. Signature �S-9.111 Saftygirtnast strict manager 'Refers to seclions of Title S,California Code of Regulations except for sections of the California Labor Cotte which are preceded by"LC." fur Penatlty tot This EMPLOYER RIGHTS AND PaSPONSiBILIVES: The;enclosed booklet outlines employer rights and responsibilities and should be citattoa read in conjunction with this notification, tYwMt��t�wr RE'TUA t ONE COPY AND THIS NOTICE DEPARTMENT OF INDUSTRIAL RELAI10NS COPY TO: WITH YCIUFI:1t1WIITTAl�1L:B AND MAIL TO: CASHIER ACCOUNTING OFFICE tMftite - I rnlstoyer PO Brix 42OW3 Yet/0W- Errtalttyer Pink- Case File n Sant Frandsal. CA 94142-0603 doiden Rod- Accountir`tg NurflbO NUTION AND NOTIFICATION OF PENALTYi CALOSH-2{r#EV M951 r Fterti+ttcsncr i . _.. .. >,...,ucrnrctMtNI UJ- INDUSTRIAL RELATIONS AAI ION OF OCCUPATIONAL SAFETY AND HEALTH iitation and Notification of Penalty ( :tssuanee nate 14.Inspection t+furnber�-- 07/10/97125766931 Concord District Office - Cal OSHA (Index=4028) � -- 1465 Enea Circle, s Report:ng to s C D ! I Building E, Suite 9013 0950622 P9862 Concord; CA 94520-5211 170Optional Report 33-97 No, s.t age Ivo. Penalties t ft 0" 1.Type of ViciPation(s) fi_ of Wit",is ip inspection Date(s): Receipti 01/22/97 - 07/10/97 of This Serious,C5L}S $ 11. ;Inspection Site Notification W111ru.1.1 ttaless Sol;ano Avenue coftsted 9.TO Martinez, CA 94553--1487 Tosco Refining and K rketing Company Avon Refinery Martinez, CA 94553-1.487 This Seclon sway t� , f38rach8d Before HIS CITATION is being issued in accordance with California Labor Code section 6317 for violations'as shown below that were foun Posting wring the inspectionlinvestigation. This citation or a copy thereof,must be prominently posted upon receipt by the employer at or ear the location of each violationuntil the violative condition is corrected or for three working days,whichever is longet;This citation nd notification of penaltyshalt be';deemed to be the final order of the occupational Safety and Health Appeals Board and not subject review by any court or agency unless,withirt 16 workdays from tie date of receipt of this citation,you notify in writing the California ccupational Safety and Health Appeals Board of;your intention,to appeal.Violations of Title 8 of the California Code of Regulations of the California Labor Code may result in some instances inprosecution for a misdemeanor.' 3EE REVERSE SIDE FOR APPEAL RIGHTS AND EMPLOYEE'RIGHTS.} >. Jim Nurnbe -- - � 15_ Date by WhiCti' 16. Penalty 1. Stanoafo.Regulation or 14: Description Violation Must Section of the Art Violated Be Abated 1 08/26/97 $70000.0( 3328(g) Machinery and equipment in service shall be maintained in a safe operating condition: a) Hydrocracker Unit: Flanges on the reactor feed-ef f luent heat exchangers and associated piping leak f laminable hydrocarbon vapor when the: plant is initially returned to service after been shut down.. Docment:s provided by the employer during this investigation' indicate that these flanges have experienced leaks since 1983. b) Hydrocracker Unit: ' From 1102/97 to 1110/97; and on 1119/97, temperature indicating equipment necessary for the safe operation of the second stage reactors was not providing reliable data to operating employees because the equipment had' not been maintained in a safe operating condition. Reliable data is necessary in order to prevent elevated' temperature excursions in the exothermic reaction. Signature 18. Total Safety En ' eritnt! r t ygrenist istrict Manager lait efers to sections of Iitte 8,California a of Regulations except for sections of the California Labor Co which are preceded by"LC" ° at{1' W This 1PLOYER RIGHTS AND RESPONSIBILITIES: The enclosed booklet outlines employer rights and responsibilities and should be Citation id in conjunction with this notification. Ms.zi;e. �r COPY To: WOrder TURN ONE COPY AND THIS NOTICE DEPARTMENT OF INDUSTRIAL RELATIONS TH YOUR REMITTANCE AND MAIL TO: CASHIER ACCOUNTING,OFFICE White Employer cacrossta PO Box 420603Yellow - Employer i le San Francisco, CA 94142-0603 fink - Case F'sA Golden Rad- .Accounting: on MON AND NOTIFICATION OF PENALTY GALCSSH-2 ittEV 12195j Rein tunCe >,„Y +ucrrrttNEtPi QF t{�it3LlSrRIAL RELA7it)NS + 11V I5ION OF OCCUPATIONAL SAFETY AND HEALTH :nation and Notification of Penalty -1-011W/ � 4�t���� Concord District Office' - Cal/OM (Index--4028) 1465 Rnea Circle, I-AI' � Building E, Suite 900 } Concord, CAA 94520-5211 7 = emit No, a flTe No � Psoa s �« ►rp t° c ,Of 19 It. PnSpeCtion Site; tkttifi alittn Solana Avenue Llrttess Contest4d a.To: Martinez, CA 94553-1487 Tosco Ref ir4 ng and Marketing Company Avon 'Refinery Martinez, CA 94553-1487 This Sertion May 8e 1 QED 0 Before HIS CITATION is being,issued in accordance with California Labor Code section 6317 for violations as shown below that were found .firing the Inspectiontinvestitgation.This citation or a copy thereof,must be prominently pasted upon receipt by the employer at or tar the location of each violationuntil the vi6lahve condition is corrected of for three working days.wtticlt r is longer This citation id notification of penatt,r shad be deemed to tie Illi tiitat Ctrtfer of the Qceupatio€t l Safely and'He tth A nis Soa�rd and Rot subject review by any court or agency less,within 16 workdays from'the date of receipt of this citation,Yost notify in writing the California ccupational Safety and Health Appeals Boartf of your intentionto appeal-Volations of"Cine 8 of the California Cade of Regulations of the California tabor Code may,result insntrte instances in prosecution for a misdemeanor. 'CE REVERSE SIDE FOR APO EAL RIGHTS AND EMPLOYEE RIGHTS.) Item Number 15. Mete by Which is, Penalty Standard, Regoation of 14. 4escripiton Violation Must Section of the Act Violated Be Abated 2 08/26/97 $70000.0( The etttployer shall develop and implement written procedures that provide clear instructions for safely conducting activities involved in each ,process consistent with the process safety information and shall address emergency operations, including emergency shutdowns: a) The employer developed but did not implement its procedure for activation of the emergency depressuxing systems in the Hydrocra(�:ker Unit. The employer did not initiate the emergency depressuring system in response to ,operating temperatures in excess of 800 ;degrees F. in second stage reactor #Il on 3/19196 nor on .2/29/97. And, failure to implement this procedure was a causal factor in the accident:andfatality of, 1/21/97 involving second stage reactor #3 } Hydrocracker Unit: The Moyer failed to develop written procedures which would provide operat.i.ng employees spec fisc instructions for safely dealing with unreliable temperature indi.caltions ' ' the 'reactors' temperature indicating equipment. Signature ,f 1$ Sa3i ty Erttfi rJtn€€u5" ygiertist strict Manager efers to sect-tons of Title 8.Califrxnia of Regulations except for sections of the California Labor Code which are preceded by`LC.' TOW Pertslty iPLOYER RIGHTS AND RESPONSIBILITIES: The enclosed booklet outlines employer ri rights.and res 9 responsibilities and should be lGttatian id in coniurtcticin with this notification- � TURN ONE COPY AND`THlS NOTICE DEPARTMENT OF INDUSTRIAL RELATIONS COPY To.. rH YOUR REli�l�"TANCE AND MAIL TO. CASHIER ACCO NTING.OFFICE White - E►€iployer c�trosa+� PO Box 42t'603 3'8#€tw -Employer tndeuox pink . Case File �+sifsc�on San ancisc o, CA 94142-M3Accountingnnu wtr Goldelt Ratty ^ on; %tioti AND NOTIFICATION OF MNpt.TY CALOSSH-2 JRFV't2t9S) P*ft0"* & 41 uz'i t,-AL rUHNIA DEPARTMENT OF INDUSTRIAL RELATIONS IVISION OF:OCCUPATIONAL. SAFETY AND HEALTH nation and !Notification of. Penalty 3.Issuance ©ate 4.Inspection Number �-..-0--7�-�20197 Concord District Office - Cal/0SM (Index=4028) 125?f69315 Reporting to s.c l t 0n 1.465 Enea Circle, 0954622 F9862 Building E, Suite 900 I- Concord, CA 94520-5211 .1.Type of 17.OptionaleNo. ii Page o � Fed Am k e033 � . '. Within is Ira.Inspey-fton Date(s) 04s of { 01/22/97 - 07/10/97 Of Thiss pt Serious 24 tt. Inspection Sde : Notification Willfullunless Solana Avenue Contested 9,To: Martinez, CA 94553-1487 Tr>co Refining and Marketing Company Avon Refinery Martinez,°'CA 94553-1487 This Section May 8e its CITATION is being issued in accordance with California Labor Code section 6817 for violations as shown below that were found ung ring tate inspection/investigation.This:,citation or a copy thereof, must be prominently pelted upon receipt by the employer at or ar the location of each violation until the violative condition is correctedor for three working days,whichever is longer.This citation d notification of penalty shall be deemed to be the final'orde€o€the Occupational Safety arta Health Appeals 8trard and not subject review by any court or agency unless,within 15 workdays from the date of receipt of this citation.you notify in wrifing the California .cupational Safety and Health Appeals Boa€d of your intention to appeal.Violations of Title 8 of the California Code of Regulations of the California Labor Code may result in some instances in prosecution for a misdemeanor EE REVERSE SIDE FOR APPEAL RIGHTS;AND EMPLOYEE RIGHTS.) Item Number --- 15. Elate by Wh=ch 16. Penalty Standard. Requiat,on or tai Description V olat,on tfust Seciion of the Act Vuiiated Be Abated 08/26/97 $700.00: 5189(j)(1)(B) The employer's written procedures for maintaining the ongoing integrity of process equipment and appurtenances shall include a method for allowing'employees to identify and report potentially faulty or unsafe equipment. The employer shall respond regarding the disposition of the employee's concerns contained in the report(s) in a timely manner a) Hydrocracker Unit. Shift Superintendent Log dated 'January 2, 1997, reported a second stage reactor #1 outlet temperature of 910.2 degrees F. An "Operations Planning Remark" on the; Log states "Never`exceed 700 Fon' 2nd Stade Rx Berl Outlet Temp," The elevated'temperature of 9 .0.2 degrees F remained on the Log until. January 10, 1997 without any;employer response or action. g) Hydrocracker Unit Snployer slid not respond in a timely manner to operating employees' concerns about the unreliable radio communications equipment available to thein which was required to relay both' routine w4 emergency information between the outside tear control room personne Signature , 18_ Total Safety Engi ndustrr #st istri0 Manner �Iers:to sections of Title 8,California Code of Regulations except for sections of the California Labor Com which are preceded bV—LC" metal Pe>zbttst hx Pits PLAYER BIGHTS AND RESPONSIBILITIES. The enclosed booklet outtines employer rights and responsibilities and should be citation d in conjunction with this notification. nt,ka ctist* COPY TO Money Chder TURN ONE!COPY AND THIS NOTICE DEPARTMENT OF INDUSTRIAL RELATIONS r'+v�t•so. TH YOUR REMITTANCE AND MAIL TO: CASKEn ACCOUNTING OFFICE ' White - Employer catrositc PO Box 42'16#3 yellow -employer Pink -Case File tnapec San Francisco, CA 94142-0603 Gw aJdett Rod - Accounting ttumd+er .TION'AND NOTIFICATION OF PENALTY CAt oStt•2#R6v I2J95i Remtnp ate .,,..:.=v= sr' vuv�itiiAi.i3El.ATtt3NS` ._.. tIVISJO+t OF OCCt1PATMONAL : . AND HEALTH v :itc Et n and Notification of Penalty - 3 Issuance Nati a.�rtspi�Ctian Number Cbncord District Office - Cal OSHA (Index=4028) 117/10/97 125766931 x.465 Enea Circle, �t� � ° Building E, Suite 900 Concord, CA 94520-5211 7 ftt "pepcirt No. aPy No. ,Z ) Are live of within 15 10.Inspection Date(s): pays of ceipt Serious 2Q 41/22/97'- 07/10/97 of This il. inspection Site: Unleieation Solan Cn Avenue wales tttesfrd s.-ra: Martinez, CA 94553-1487 Tesco Refining and Marketing Company Avon Refinery Martinez,; CA 94553-1487 This 5ectlrn May Be Detached Before HIS CITATION is being issued,in accordance with California Labor Cade section 6317 for violations as shown below that were found pbsting uring the inspection/investigation. This citation or a copy thereof, must be prominently posted upon receipt by the employer at or ear the location of each violation until the violative condition is corrected or for three working days,whichaver is longer.This Citation rid notification of penalty shall be deemed to be the final order of the Occupational Safety and Health Appeals Board and not subject s reviIow by any court or agency unless,within 15 workdays from the slate of receipt of this citation,you notify in writing the California ,ccupational Safety and Health'Appeals Board of your intention to appeal.Violations of Title 6 of the California Code of Regulations of the California Labor Code may result in some instances in prosecution for a misdemeanor 3EE REVERSE S40E FOR APPEAL RIGHTS AND EMPLOYEE RIGHTS.) ?. herr+ Number 15. Date by Which _ 16. Penalty 1. Standard.Regutaiion or td. Description Viaiation Must Section of the Act Vtolatett Be Abated c) Hydrocracker Unit: Employer did not respond_ in a timely manner to operating employees' Concerns about the location of the l temperature indicating panels under the second stage reactors. The employees believed that their reading the panels exposed them to-a hazard. Signature fi8. Total _ $70000.00 Safety Engr eerfl[rd senist 15istricl Manager lefers to sections of Title 8,California 450de of Regulations except for sections of the Catifornia labor C wirttictt are preceded by" C" total I"This APLOYER RIGHTS AND RESPONSIBILITIES: The enclosed'booklet`outlines employer rights and responsibilities and Should be ad in conjunction with this notification. "sTtJfIN ONE COPY AND THIS NOTICE DEPA13TMENT OF INDUSTRIAL RELATIONS COPY TO: i�3�Otxttr toy- tTH YOUR REMITTANCE AND MAIL TO: CASHIER ACCOUNTING OFFICE White - Employer cwtrasr+,� PO Sox;420603 Yellow - Employer tndtc t. San Francisca, CA 94142-0Pink -Case File Ir' � Golden Rod - Accounting Jum ort ATION AND NOt'tFtWION OF PENALTY r t•; CAEOSi4-2 tREV 12.195) Remittnte ER Wff H The Board o Supervisors �J� Contra a CONILiID 'rtfi�ll Batchelor Clerk of-t"ae[3oarci Costa i County Administration Building cor;ty a,n dm 5t,,ic; 651 Pine Street, Room 106 Co � Martinez. California 94553-1293 (fit J � 1 " X25 335-1900 �..! Ft 1�/ John Gioia, 1st Distrrc; ;E 5rr Gayle Uilkerna,2nd District 1 Donna Gerber,3rd District ' t Mark DeSaulnier,4th District n # Joe CanciamiHa,5th District 00 of y rrA C013;Y'f� March 1, 1999 Dr. Paul Hill Chairman and CEO Chemical Safety and HazardInvestigation Board 2175 K Street, Suite 4011 Washington,DC 20037 Dear Dr.'Hill: We are aware that the U.S. Chemical Safety and Hazard Investigation Board already has a full agenda and multiple priorities. However,we are making an urgent appeal to you to assist our community by agreeing that your Board perforin a safety audit on the Tosco Avon Refinery. Enclosed,please find a letter from Joe Canciarnilla,Chair of the Contra Costa Board of Supervisors. This letter, signed on behalf of the Board of Supervisors, requests that the Tosco Avon Refinery stand down until an audit can be performed. By allocating a portion of your scarce resources,you will provide hope to the employees whose livelihood depends on their jabs at Tosco Avon.They are currently torn between the necessity to mare a living and provide for their families. They are concerned that they cannot do their work in a safe manner,considering seven of their colleagues have died in accidents at this plant since 1983. By assisting our community in this important endeavor,you will assist in saving other employees from being injured or killed in the future. We will provide County resources to work with you and assist in underwriting this effort,if necessary. We very much appreciate your careful consideration of this request. Sincerely, - 1 ,, . Phil Batchelor William Walker, M.D. County Administrator Director of Health Services Enclosure cc: Members of the Board of Supervisors' Clerk of the Board Thomas O'Malley, CEO,Tosco Dwight Wiggins,President,Tosco Larry Ziemba,Plant Manager,Tosco Avon Refinery The Board of Supervisors Contra P1111 t3l:310hwi 7t Ccxinty Administriihot! E;udditlit Costa ost 651 Pine Street RcJo al 106 Mdrtineil. Cttliloniia 915,53 1P9:i County John Gioia. 1st Disti lccl Gayle'Uiikerna.2nd Drstrt€:c Donna Gerber,3rd District Mark DeSaulnier,4th District Joe Canciamilla,5th District ° :• cou February 27, 1999 Thomas D. O'Malley, Chairman and Chief Executive Officer Tosco Corporation 72 Cummings Paint Road Stamford, CT 06902' Dear Mr. O'Malley: As a result of the recent tragedy at the Tosco Avon Refinery, we feel it is imperative that you consider taking steps to provide for the safety of your employees and our community. Therefore, we are requesting that you take the fallowing steps: 1. Voluntarily agree to place the Avon Refinery in a "stand dawn" mode. 2. During the periodof the "stand down", agree to continue your employees at their current salary and benefit status: 3. Agree to voluntarily comply with the current Industrial Safety Ordinance. 4. Join with Contra Costa County in requesting the assistance of the United States Chemical' Safety and Hazard Investigation Board to conduct a complete safety audit of the Avon Refinery'. Thomas D. O'Malley, Chairman` and Chief Executive Officer Tosco Corporation February 2.7, 1999 Page 2 We respectfully 'request Tosco's response:on each of these items when Tosco makes its report to the Contra Costa County, California Board of Supervisors on Tuesday, March 2, 1999 at 9:40 A.M.,°Room 107, Board of Supervisors Chambers County Administration Building, 651 Pine Street, Martinez, California. Sincerely, JOSEPH CANCIAMILLA, CHAIRMAN CONTRA COSTA COUNTY BOARD OF SUPERVISORS cc: Dwight Wiggins, President, Tosco Refining Company Larry M. Ziemba, Vice President-Refining San Francisco Area Refinery 150 Soano Way Martinez, CA 94553 CONSIEWITH k 3 11" ill." I P r sa "It 0-111 ,: .v slow nd com- iiii 1725 Marina !lista, Martinez, CA 94553 Telephone (5 10)229-4800 C, i �t-000-1 Fax (510)229.4806 March 1, 1999 Contra Cosh County a Board of Supervisors `-`:=t I �t �`< 651 Pine Street Martinez, CA 94553 My name is;Olin Jones. I have worked as a contractor every day for the past 23 years at Tosco and as a construction worker intermittently for the previous 14 yearsat various refineries including Tosco for a totalof37 years. During that time, I was always told,to put safety first. As a result of my early training, I now instruct my 35 employees to putsafetyof men and equipment as a priority before production. The philosophy is simple, practical, and economically based-- there is no production without functional men and equipment! Industrial accidents are bad and emotionally devastating,we all agree. I recommend against the proposed arbitrary action of temporary closure. I urge you to demonstrate rational leadership by investigating the accident and assuring that it doesn't happen again. Create a clear local policy if you think the Federal and State agencies are not sufficient. Many questions must be answered by politicians, industry leaders, and workers alike: • Are there acceptable limits of accident frequency or severity? • Who sets those limits? • What are they? • Who enforces the policy? • If there is a zero tolerance to accidents, do we stop all industry and even close our highways which kill dozens of people annually? To condemn a plant as being unsafe and stop or alter production, you must first determine through fact finding that the plant is indeed unsafe--that the safety programs and their implementation are inadequate. Safety programs are necessary because machinery and manufacturing processes are potentially dangerous. Many of us have chosen to accept the inherent risks in exchange for a good lifestyle here ,in Contra Costa County. This county was built in large part by the industrial plants along the river and l want to see us maintain the delicate balance of labor, industry, environment, growth, and opportunity by proceeding as reasonable people to investigate problems and create solutions that work for everyone. Thank you, ?lin C. Jones 3-0 1-1999 999 5:03PM FROM P- 1 CONSIDERVI Business/Education,VolunteerPrograw 77 S=m Barbara'�oa�l,p`it Lsant 144,�2 otnia 94523-4201 942-3336 296-1410 March t, 199 Contra Costa.County Board.of Supervisors 651 Pine,Strut First Floor Martinez,California VIA FA;CSI ME-925-335-1913 Dear Supervisors, I am writing to you because I will be unable to attend tomorrow's Board meeting and speak dwre in person. I would like to in&caw my support for Tosco's;Martineez/A.von plant. "Tosco has been, and contirnues to be, a contributing member of Contra Costa County, and I believe, should be appreciated as such. Tosco's company-wide volunteer involvement in the community is phenomenal. Hundreds of employees are working in our communities in a very real way --by volunteeringtheir time and talent. Specifically, their' volunteer projects in the arca of education assist our students and educates achieve the quality that we all strive for.Tosco was awarded of OM National Points of Light Award because of their commitment to going beyond tl company's needs of today, and investing in our corporate future. While the recent incident at the Avon plant was truly tragic. I believe that eliminating the Avon plant from our q ty's resources would be to compound than tragedy even mom. 'yank.you for your comm tment to our corari unities in everything you do. St�+�rel , :).A.3anecki Coordinator S�4-FS-T-j . n t 7-t46 ' A?- fit 7NL� � . 7 .r16t-5n6,--e?&z 7th r _ u 771l� �176Jnr Cs ri -I-Z:) -0 C2 144 We ,+POII /)p 4 Mark A. Luders f RECEIV 5 P.O. Sox 30276 1 Oakland, CA 94604 February 26 1999 BOARD OF SU " Mr. Gray Davis' Governor, State of California Governor's Office P.O. Box 942868' Sacramento, CA 94268 RE:TOSCO TRAGEDY - 4 DEAD(so far) Dear Mr. Davis: I have been following the news since the accident, and was prompted to write to you at this point in time because of an outrageous new bit of news which was just broadcast. To wit, it was reported in today's(2/26/99)evening news on TV that the CEO of TOSCO was "dn vacation"and would"not be able to make it"to an upcoming meeting of local government officials and accident investigators. Is this not,proof of the arrogance and attitude of the company? What could be more insulting to the victim's families? Is such behavior not the antithesis of good business citizenry? I find the behavior of the TOSCO CEO to be unconscionable,despicable and utterly appalling. Even if he were already on vacation at the time of the accident,he should have returned to deal with the matter, in person, immediately. The fact that he has not"stepped up"to the plate to lead his organization appropriatelyand courageously through the tragedy is inexcusable. He is clearly hiding-the precise 180 degree opposite of what he should be doing-making himself visible,available,and sympathetic to the victims' families. If the news story that the CEO is now"on vacation"is accurate,then it seems clear that the organization is leaderless,and thus we cannot expect the plant's safety to improve under such a culture. It seems the only prudent course of action is to insist that he be removed from the organization,or the plant be shut down,as a necessary and immediate first step toward solving this ongoing community problem and threat to safety. Sincerely, Mark A.Luders Oakland resident cc: Bill Lockyer, Attorney General, State of California hoar of Supervisors of Contra Costa County Gary T.Yancey, District Attorney,Contra Costa County Michael Meesini,Mayor City'of Martinez Jerry' ro ; Mayor-City of Oakland TosCOWC