Industrial safety report/recommendations delivered to City of Richmond in 2011

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Industrial safety report/recommendations delivered to City of Richmond in 2011 Powered By Docstoc
					                                               City of
                                             Richmond
                                              Annual
                                            Performance
                                             Review &
                                             Evaluation
                                               Report
                                              July 26, 2011




  Industrial Safety Ordinance 2010 Report               1
By Contra Costa Health Services Hazardous Materials Programs
Table of Contents
Executive Summary ..........................................................................................3
Public Participation ...........................................................................................4
Audits ..................................................................................................................4
Major Chemical Accidents or Releases ..........................................................4
Conclusion .........................................................................................................4
Introduction .......................................................................................................5
Annual Performance Review and Evaluation Report ...................................5
Effectiveness of Contra Costa Health Services’ Implementation of the
Industrial Safety Ordinance .............................................................................6
Effectiveness of the Procedures for Records Management ..........................6
Number and Type of Audits and Inspections Conducted ...........................7
Number of Root Cause Analyses and/or Incident Investigations
Conducted by Health Services .........................................................................8
Health Services’ Process for Public Participation .........................................8
Effectiveness of the Public Information Bank ...............................................8
Effectiveness of the Hazardous Materials Ombudsman...............................9
Proposed Amendments to the Richmond Industrial Safety Ordinance. .11
Other Required Program Elements Necessary to Implement and
Manage the Industrial Safety Ordinance ......................................................11
Regulated Stationary Sources Listing ...........................................................12
Locations of the Regulated Stationary Sources Safety Plans......................13
Annual Accident History Report and Inherently Safer Systems
Implemented as Submitted by the Regulated Stationary Sources .............14
Status of the Incident Investigations, Including the Root Cause
Analyses Conducted by the Regulated Stationary Sources ........................16
Major Chemical Accidents or Releases ........................................................17
Legal Enforcement Actions Initiated by Health Services ...........................18
Penalties Assessed as a Result of Enforcement ............................................18
Total Fees, Service Charges, and Other Assessments Collected
Specifically for the Industrial Safety Ordinance ..........................................18
Total Personnel and Personnel Years Used by Health Services to
Implement the Industrial Safety Ordinance ................................................18
Comments From Interested Parties Regarding the Effectiveness of the
Industrial Safety Ordinance ...........................................................................19
The Impact of the Industrial Safety Ordinance on Improving
Industrial Safety ...............................................................................................19
Attachment A: Hazardous Materials Ombudsman Report .......................21
Attachment B: Regulated Sources Annual Performance with
Accident History and Inherent Safety Implementation .............................25
Annual Performance Review and Evaluation Submittal ............................25
Annual Performance Review and Evaluation Submittal ............................29
Industrial Safety Ordinance 2010 Report                                                                                      2
Executive Summary
The Industrial Safety Ordinance requires regulated facilities to implement
safety programs to prevent chemical accidents from occurring that could have
a detrimental impact to the surrounding communities. The requirement of the
Industrial Safety Ordinance is one of the most stringent in the United States,
if not the world. Additionally, the Industrial Safety Ordinance is designed to
include participation from all of the stakeholders, from industry and agencies
to elected officials and the public.

Since the Richmond Industrial Safety Ordinance took effect in 2002,
there has not been a inconsistent capitalization of severity Type III Major
Chemical Accident or Release in the City of Richmond. The trend since
the adoption of the Industrial Safety Ordinance has been less severe and
fewer Major Chemical Accidents or Releases (MCAR ) each year. The
last MCAR Severity Type II event in the City of Richmond was more
than four years ago. Overall, this is an indication of the effect of the
Industrial Safety Ordinance, the regulated facilities implementation of the
requirements and the oversight from the Accidental Release Prevention
Programs Engineers.


The Accidental Release Prevention Programs Engineers are continuing
to develop ways to improve the overall implementation of the Industrial
Safety Ordinance and the prevention program elements. The Hazardous
Materials Programs Staff participated with the Center for Chemical
Process Safety in writing the second edition of the book “Inherently Safer
Chemical Processes”, that was published in spring 2009. The staff has
also been working with other agencies such as the U.S. Environmental
Protection Agency and California Occupational Safety and Health
Administration, for sharing of inspection results. Staff also worked with
the Contra Costa County regulated businesses in the development of
the Safety Culture Guidance Document. Currently, without the City of
Richmond’s adoption of the County’s 2006 amendment, both Chevron
and General Chemical Richmond are not required to perform a Safety
Culture Assessment or some of the expanded requirements in the
amendment.

The U.S. Chemical Safety and Hazard Investigation Board (CSB) has
recognized the efforts of Contra Costa County in ensuring that the
process safety requirements are being implemented by the County’s
regulated businesses in CSB’s DVD “Anatomy of a Disaster: Explosion
at BP Texas City Refinery” and the “Fire in the Valley.” The CSB has also
recommended that West Virginia or Kanawaha Valley set up a program
to inspect chemical facilities using Contra Costa County as a model.

Contra Costa Hazardous Materials Programs was asked to give testimony
at the hearing on "Work Place Safety and Worker Protections in the
Gas and Oil Industry" before the U.S. Senate Committee on Health,
Industrial Safety Ordinance 2010 Report                                          3
                                                     Audits
Education, Labor, and Pensions Subcommittee
on Employment and Workplace Safety. The
testimony was on the success of the Accidental       Audits of the regulated businesses are required
Release Prevention Programs that are in place in     at least once every three years to ensure that the
Contra Costa County. The hearing was specific on     facilities have the required programs in place and
two major incidents that occurred in Anacortes,      are implementing the programs. We did not perform
Washington at a Tesoro Refinery and the Deepwater    audits in City of Richmond in 2010.
Horizon incident in the Gulf of Mexico.              Major Chemical Accidents or
                                                     Releases
Public Participation                                 Another measure of the effectiveness of the
The Hazardous Materials Programs has an              Industrial Safety Ordinance is by the number and
established public outreach process and is           severity of Major Chemical Accidents or Releases
constantly looking at ways for improvement. The      that have occurred. In the last year there were
following items have been implemented based on       four Major Chemical Accidents or Releases with
recommendations from interested stakeholders and     a severity Type I that resulted in a minor injury
the actions taken this year:                         and impact to the community but none of these
                                                     occurred from the two Richmond facilities.
    •   Public outreach information booths at
        existing venues
        » General Chemical Richmond Safety
                                                     Conclusion
                                                     The number and severity of Major Chemical
            Plan and preliminary audit findings
                                                     Accidents or Releases have been in a generally
            and Chevron Richmond Refinery Safety
                                                     declining trend since the implementation of
            Plan were shared at the West County
                                                     Industrial Safety Ordinance. The implementation
            Emergency Preparedness Fair at Hilltop
                                                     of the Industrial Safety Ordinance has improved
            Mall in Richmond in September 2010.
                                                     and, in most cases, is being done as required by
    •   Most recent audit findings summarized
                                                     the ordinance. It is believed that by continuing
        in easily read format in both English and
                                                     implementation of the Industrial Safety Ordinance
        Spanish
                                                     and strengthening the requirements of the
    •   Information on regulated businesses in an
                                                     Ordinance the possibility of accidents that could
        easily read format in English and Spanish
                                                     impact the community has decreased.
    •   Industrial Safety Ordinance Information
        Sheet in English and Spanish




Industrial Safety Ordinance 2010 Report                                                             4
Introduction                                                •   Contra Costa Health Services will give an
The City of Richmond adopted the Industrial Safety              annual performance review and evaluation
Ordinance after the Contra Costa County Board                   report to the City Council.
of Supervisors passed the County Industrial Safety
Ordinance because of accidents that occurred             Annual Performance Review
at oil refineries and chemical plants in Contra
Costa County. The effective date of the Richmond
                                                         and Evaluation Report
                                                         The Industrial Safety Ordinance specifies that the
Industrial Safety Ordinance was January 7, 2002.
                                                         contents of the annual performance review and
The ordinance applies to oil refineries and chemical
                                                         evaluation report contain the following:
plants with specified North American Industry
                                                             • A brief description of how Health Services is
Classification System (NAICS) codes that were
                                                                meeting the requirements of the ordinance as
required to submit a Risk Management Plan to the
                                                                follows:
U.S. EPA and are program level 3 stationary sources
                                                                 » Effectiveness of the department’s
as defined by the California Accidental Release
                                                                     program to ensure stationary sources’
Prevention (CalARP) Program. The ordinance
                                                                     compliance with the ordinance
specifies the following:
                                                                 » Effectiveness of the procedures for
    • Stationary sources must submit a Safety Plan
                                                                     records management
         to Contra Costa Health Services stating how
                                                                 » Number and type of audits and
         the stationary source is complying with the
                                                                     inspections conducted by Health
         ordinance, including the Human Factors
                                                                     Services as required by the ordinance
         program.
                                                                 » Number of root cause analyses and/or
    • Stationary sources must comply with the
                                                                     incident investigations conducted by
         requirements of the Human Factor Guidance
                                                                     Health Services
         Document that was developed by Contra
                                                                 » Health Services’ process for public
         Costa Health Services and was adopted by
                                                                     participation
         reference.
                                                                 » Effectiveness of the Public Information
    • For Major Chemical Accidents or Releases,
                                                                     Bank
         stationary sources are required to perform a
                                                                 » Effectiveness of the Hazardous Materials
         root cause analysis as part of their incident
                                                                     Ombudsperson
         investigations (ongoing)
                                                                 » Other required program elements
    • Contra Costa Health Services may perform
                                                                     necessary to implement and manage the
         its own incident investigation, including a
                                                                     ordinance
         root cause analysis (ongoing)
    • All of the processes at the stationary source
                                                            •   A listing of stationary sources covered by the
         are covered as program level 3 processes as
                                                                ordinance, including for each:
         defined by the California Accidental Release
                                                                » The status of the stationary source’s
         Prevention Program
                                                                    Safety Plan and Program
    • The stationary sources are required to
                                                                » A summary of all stationary sources’
         consider Inherently Safer Systems for new
                                                                    Safety Plan updates and a listing of where
         processes or facilities or for mitigations
                                                                    the Safety Plans are publicly available
         resulting from a process hazard analysis
                                                                » The annual accident history report
    • Contra Costa Health Services will review
                                                                    submitted by the regulated stationary
         all of the submitted Safety Plans and audit/
                                                                    sources and required by the ordinance
         inspect all of the stationary sources’ Safety
                                                                » A summary, including the status, of
         Programs within one year of the receipt of
                                                                    any root cause analyses and incident
         the Safety Plans and every three years after
                                                                    investigations conducted or being
         the initial audit/inspection (ongoing)
                                                                    conducted by the stationary sources and
Industrial Safety Ordinance 2010 Report                                                                  5
            required by the ordinance, including            •   Safe Work Practices Questionnaires
            the status of implementation of                 •   CalARP Program Audit Questionnaires
            recommendations                                 •   Safety Program Audit Questionnaires
        » A summary, including the status, of any           •   Conducting Employee Interviews Protocol
            audits, inspections, root cause analyses        •   Employee Interview Questionnaires
            and/or incident investigations conducted        •   Public Participation Policy
            by Health Services, including the status        •   Dispute Resolution Policy
            for implementing the recommendations            •   Reclassification Policy
        » Description of inherently safer systems           •   Covered Process Modification Policy
            implemented by the regulated stationary         •   CalARP Internal Performance Audit Policy
            source                                          •   Conducting the Internal Performance Audit
        » Legal enforcement actions initiated               •   CalARP Internal Audit Performance Audit
            by Health Services, including                       Submission
            administrative, civil and criminal actions      •   Fee Policy
    •   Total penalties assessed as a result of             •   Notification Policy
        enforcement of the ordinance                        •   Unannounced Inspection Policy
    •   Total fees, service charges and other               •   Risk Management Plan Public Review Policy
        assessments collected specifically for the
        support of the ordinance                         Health Services has developed the Contra Costa
    •   Total personnel and personnel years used         County CalARP Program Guidance Document
        by the jurisdiction to directly implement or     and the Contra Costa County Safety Program
        administer the ordinance                         Guidance Document including the Safety Culture
    •   Comments from interested parties regarding       Assessment, which at this time is not required by
        the effectiveness of the local program that      the Richmond Industrial Safety Ordinance. An
        raise public safety issues                       updated draft Contra Costa County Safety Program
    •   The impact of the ordinance in improving         Guidance Document was issued September 30,
        industrial safety                                2010 to the regulated facilities. The updated draft
                                                         incorporated updates from the ISO amendments
                                                         (the City of Richmond has not approved these
Effectiveness of Contra                                  amendments) and additional clarifications from all
Costa Health Services’                                   the audits, these documents give guidance to the
                                                         stationary sources for complying with the Industrial
Implementation of the                                    Safety Ordinance. The policies, procedures,
Industrial Safety Ordinance                              protocols and questionnaires, are available through
Health Services has developed policies, procedures,      Health Services. The guidance documents can be
protocols and questionnaires to implement both the       downloaded through Health Services’ website:
California Accidental Release Prevention Program         www.cchealth.org/groups/hazmat/california_
and the Industrial Safety Ordinance. The policies,       accidental_release_prevention_guidance_
procedures, protocols and questionnaires for these       document.php and www.cchealth.org/groups/
programs are listed below:                               hazmat/industrial_safety_ordinance_guidance.php
   • Audits/Inspections Policy

                                                         Effectiveness of the Procedures
   • Conducting the Risk Management Plan/
       Safety Plan Completeness Review Protocol
   • Risk Management Plan Completeness                   for Records Management
       Review Questionnaires                             Health Services has set up hard copy and computer
   • Safety Plan Completeness Review                     files for each of the stationary sources. The files
       Questionnaires                                    include the following folders:
   • Conducting Audits/Inspections Protocol                   1. Annual Status Reports
Industrial Safety Ordinance 2010 Report                                                                 6
    2.   Audits & Inspections                          Homeownership Faire & Disaster Preparedness
    3.   Communications                                Expo.
    4.   Completeness Review
    5.   Emergency Response                            Chevron Richmond Refinery was audited for the
    6.   Incident Investigation                        third time for RISO/CalARP program in April
    7.   Trade Secret Information                      2008 and the final report has been finalized and
                                                       results were available at the Recycle More Earth Day
The paper files for the stationary sources are kept    Event in Richmond in June 2009. Health Services
in a central location. The Accidental Release          performed an RISO/CalARP program audit at
Prevention Programs staff has files set up on the      General Chemical Richmond in January 2009.
Health Services network where the files for each       The final report was shared at a public event in
of the different stationary sources are found and      Richmond in September 2010. Copies of these audit
are accessible to each of the Accidental Release       results are available at the Richmond Library and a
Prevention Programs Engineers, Supervisor and          summary of the audit is also available on Hazardous
the Chief Environmental Health and HazMat              Materials Programs’ website. The fourth round of
Officer. Portable document format of these files is    RISO audits began in Febuary 2011 with Chevron.
also available at the Hazardous Materials Programs
office for public access and viewing. The Accidental   When Hazardous Materials Programs reviews a
Release Prevention Programs files also contain         Safety Plan, a Notice of Deficiencies is produced
regulations, policies, information from the U.S.       to document what changes to a stationary source
EPA , California Emergergency Management Agency        is required to make before Hazardous Materials
(CalEMA), the U.S. Chemical Safety and Hazards         Program determines that the Safety Plan is
Investigation Board and other information pertinent    complete. The stationary source has 60 to 90 days
to the engineers. The risk management and safety       to respond to the Notice of Deficiencies. When the
plans received are kept at the Hazardous Materials     stationary source has responded to this Notice of
Program offices.                                       Deficiencies, Hazardous Materials Programs will
                                                       review the response. Hazardous Materials Programs
Number and Type of Audits and                          will either determine that the Safety Plan is complete
                                                       or will work with the stationary source until the
Inspections Conducted                                  Safety Plan contains the required information for it
Hazardous Materials Programs was required to audit     to be considered complete. When the Safety Plan is
and inspect the two regulated stationary sources       deemed complete, Hazardous Materials Programs
that were required to comply with the Richmond’s       will open a public comment period on the Safety
Industrial Safety Ordinance (RISO) within one          Plan and will make available the plan in a public
year after the initial submittal of their Safety       meeting or venue. Hazardous Materials Programs
Plans. Health Services reviewed all of the Safety      will respond to all written comments in writing and
Plans and audited/inspected all of the stationary      when appropriate use the comments in the audit/
sources’ Safety Programs within that year (2003).      inspection of the regulated stationary sources.
The public comment period for these plans ended
in January 2004. Public meetings held in 2004 in       Hazardous Materials Programs will issue
North Richmond and Richmond discussed Chevron          Preliminary Audit Findings after an audit/inspection
and General Chemical West Richmond Works               is complete. The stationary source will have 90
audit findings. The second Richmond Industrial         days to respond to these findings. Hazardous
Safety Ordinance/CalARP Program audits for these       Materials Programs will review the response from
facilities occurred in 2006 and public meetings        the stationary source on the Preliminary Audit
were held in June 2007 at Hilltop Mall at “Lessons     Findings. When the stationary source has developed
from Katrina,” the 2007 Neighbor Works Week            an action plan to come into compliance with the

Industrial Safety Ordinance 2010 Report                                                                 7
regulations, Hazardous Materials Programs will             Effectiveness of the Public
issue the Preliminary Audit Findings for public
comment and will make available the findings in            Information Bank
a public meeting or venue. Hazardous Materials             The Hazardous Materials Programs section of
Programs will consider any public comments that            Health Services website www.cchealth.org/groups/
were received during the public comment period             hazmat/ includes the following information:
and if appropriate will revise the Preliminary                • Industrial Safety Ordinance
Audit Findings. When this is complete, Hazardous                  » Description of covered facilities
Materials Programs will issue the Final Audit                     » Risk Management Chapter discussion
Findings and will respond in writing to any written                   – Copy of the ordinance
public comments received. The status of the reviews               » Land Use Permit Chapter discussion
and all audits are discussed in Table I within the                    – Copy of the ordinance
report.                                                           » Safety Program Guidance Document
                                                                  » Frequently Asked Questions
                                                                  » Public Outreach strategies
Number of Root Cause Analyses                                 • California Accidental Release Prevention
and/or Incident Investigations                                    (CalARP) Program
Conducted by Health Services                                      » Contra Costa County’s California
                                                                      Accidental Release Prevention Program
The Hazardous Materials Programs has not
                                                                      Guidance Document
performed any root-cause analyses or incident
                                                                  » Program Level description
investigations in the last year. A historical listing of
                                                                  » Discussion on Public Participation for
the Major Chemical Accidents or Releases dating
                                                                      both CalARP Program and the Industrial
back to 1992 can be found on the Health Services
                                                                      Safety Ordinance
website at the following address: www.cchealth.
                                                                  » A map locating the facilities that are
org/groups/hazmat/accident_history.php. This list
                                                                      subject to the CalARP Program and are
includes major accidents that occurred prior to the
                                                                      required to submit a Risk Management
adoption of the Industrial Safety Ordinance.
                                                                      Plan to Health Services. The map links to
                                                                      a description of each of the facilities and
Health Services’ Process for                                          the regulated substances handled.
Public Participation                                          • Hazardous Materials Inventories and
In 2005, Hazardous Materials Programs worked with                 Emergency Response Program
the community and developed materials that would                  » Descriptions
describe the Industrial Safety Ordinance using a                  » Forms
number of different approaches. The community                 • Underground Storage Tanks
representatives suggested that Hazardous Materials                » Description of the program
Programs look at existing venues that are attended                » Copies of the Underground Storage
by the public that the Hazardous Materials                            Tanks Health & Safety Code sections
Programs’ staff can share and receive comments                    » Underground Storage Tanks forms
on Preliminary Audit Findings and the stationary              • Green Business Program
sources’ Safety Plans.                                            » Description of the Green Business
                                                                      Program with a link to the Association
                                                                      of Bay Area Government’s website on the
                                                                      Green Business Program




Industrial Safety Ordinance 2010 Report                                                                     8
    •   Hazardous Materials Incident Response         •   Hazardous Materials Program Incident
        Team                                              Search
        » Including information of the Major              » Online search of the hazardous materials
           Chemical Accidents or Releases that                incident database for incidents that have
           have occurred                                      occurred since 1993 by entering a date
        » The County’s Hazardous Materials                    range, address, city and/or facility name
           Incident Notification Policy               •   Facility Search
        » A link to the ConocoPhillips Fenceline          » Online search of the facilities that
           Monitors                                           handle hazardous materials by name of
                                                              the facility, street name, and city or any
                                                              combination of the three
                                                      •   Unannounced Inspection Program
                                                          » Lists the facilities that are subject to
                                                              unannounced inspections under the
                                                              Unannounced Inspection Program
                                                      •   Hazardous Materials Interagency Task Force
                                                          » Includes a matrix of who has what
                                                              hazardous materials and regulatory
                                                              responsibilities
                                                          » Minutes from past meetings
                                                          » Presentations from past meetings
                                                      •   Incident Response
                                                          » Accident history that lists summaries of
                                                              major accidents from industrial facilities
                                                              in Contra Costa County from most
                                                              recent to 1992
                                                      •   Additional resource links for more information


                                                   Effectiveness of the Hazardous
                                                   Materials Ombudsman
                                                   The Contra Costa County Board of Supervisors
                                                   created the Hazardous Materials Ombudsperson
                                                   position in 1997. This position was filled in April
                                                   1998. The Board believed that the ombudsperson
                                                   would be a conduit for the public to express
                                                   concerns about how Hazardous Materials Programs
                                                   personnel are performing their duties. Attachment
                                                   A is a report from the Hazardous Materials
                                                   Ombudsman on the effectiveness of the position.




Industrial Safety Ordinance 2010 Report                                                            9
TABLE I
INDUSTRIAL SAFETY ORDINANCE STATIONARY SOURCE STATUS

name            safety plan      notice of      safety plan sp public   audit/       audit
                (sp) received    deficiencies   complete    meeting     inspection   public
                                 (nod)                      date                     meeting
                                 issued-sp


Chevron         1/21/03          4/23/03        10/10/03    10/14/03    1/11/01      6/24/04
                                                                        (Non-RISO)

                6/21/04                         6/22/04     6/24/04     9/29/03      6/2/07
                9/29/06                         5/21/07     6/2/07      2/13/06      4/25/09
                9/25/09                         11/4/09     9/25/10     4/14/08



General         1/17/03          4/11/03        10/10/03    10/14/03    5/29/01      6/24/04
Chemical                                                                (Non-RISO)
Richmond
Works           6/21/04          2/18/10        4/17/06     6/2/07      4/24/06      6/2/07
                4/17/09                         5/26/10     9/25/10     8/18/03      9/25/10
                                                                        1/5/09




Industrial Safety Ordinance 2010 Report                                                        10
Proposed Amendments to the
Richmond Industrial Safety
Ordinance.
In 2006, the Contra Costa County Supervisors
adopted amendments to the Industrial Safety
Ordinance and required or expanded the following:
    1. Expand the Human Factors Program to
       included Maintenance
    2. Expand the Management of Organizational
       change to include Maintenance and all of
       Health and Safety positions
    3. Require the stationary sources to perform
       Safety Culture Assessments one year after
       the Hazardous Materials Programs develops
       guidance on performing a Safety Culture
       Assessment
    4. Perform Security Vulnerability Analysis

Since the amendment, Hazardous Materials
Programs staff worked with the stationary sources
to develop Safety Culture Assessment Guidance
Document which was finalized and issued on
November 10, 2009. Staff began the review of these
Safety Culture Assessments in December 2010
that are subject to the County’s Industrial Safety
Ordinance. Additionally, staff is working with the
stationary source to revise the Safety Program
Guidance Document to reflect the ISO amendments,
and clarifications based on the audit findings.

The Hazardous Materials Programs staff encourages
the City Council to consider adoption of the 2006
ISO amendments for the Richmond Industrial
Safety Ordinance, as well to further improve upon
the safety programs that are in place at the two
facilities in the City of Richmond.


Other Required Program
Elements Necessary to
Implement and Manage the
Industrial Safety Ordinance
The California Accidental Release Prevention
(CalARP) Program is administered in Contra
Costa County by Contra Costa Health Services
Hazardous Materials Programs. The Industrial
Industrial Safety Ordinance 2010 Report              11
Safety Ordinance expands on this program.
Stationary sources are required to submit a Risk
Management Plan to Hazardous Materials Programs
that is similar to the Safety Plans that are submitted.
Hazardous Materials Programs reviews these Risk
Management Plans and performs the CalARP
Program audit simultaneously with the Industrial
Safety Ordinance audit.

Hazardous Materials Programs Performs
Unannounced Inspections of the stationary sources
that are part of the CalARP Program and are also
required to submit a Risk Management Plan to
the U.S. EPA . These inspections look at a focused
portion of the CalARP Program or Industrial Safety
Ordinance requirements, as well as elements from
the other Hazardous Materials Programs.


Regulated Stationary Sources
Listing

The Status of the Regulated Stationary
Sources’ Safety Plans and Programs
All of the stationary sources regulated by the
Richmond Industrial Safety Ordinance were
required to submit their Safety Plans to Health
Services by January 7, 2002 and to have their Safety
Programs including the Human Factors Program
completed and implemented. The status of each of
the regulated stationary sources is given in Table I
and includes the following:
    • When the latest updated Safety Plan was
        submitted
    • When the Notice of Deficiencies were issued
    • When the plan was determined to be
        complete by Health Services
    • When the public meeting was held on the
        Safety Plan
    • When the audits were complete
    • When the public meetings were held on the
        preliminary audit findings
    • When the Human Factors to the Safety Plan
        was revised
    • When the Notice of Deficiencies was issued
        for the Human Factors revised Safety Plan
    • When the Human Factors Safety Plan was
Industrial Safety Ordinance 2010 Report                   12
        determined to be complete
    •   When the Audit/Inspection was completed
    •   When the Human Factors Audit preliminary
        findings Public Meeting was held


Locations of the Regulated
Stationary Sources Safety Plans
Each of the regulated stationary sources was
required to submit a Safety Plan that includes the
implementation of the stationary source’s Human
Factors Program to Health Services on January 7,
2002. The regulated stationary sources are required
to update their Safety Plan at least once every three
years. These plans are available for public review
at the Hazardous Materials Programs Offices at
4585 Pacheco Blvd., Suite 100, Martinez. When
Hazardous Materials Programs determines that
the Safety Plan is complete and prior to going out
for a 45-day public comment period, Hazardous
Materials Programs will place the plan in the
library(ies) closest to the regulated stationary
source. Below in Table II is a listing of the regulated
stationary sources with the location of each of their
Safety Plans.




TABLE II
LOCATION OF SAFETY PLANS - LIBRARIES

regulated stationary source                    location 1            location 2

Chevron                                        Hazardous Materials   Richmond Public
                                               Programs Office       Library

General Chemical Richmond Works                Hazardous Materials   Richmond Public
                                               Programs Office       Library




Industrial Safety Ordinance 2010 Report                                                13
Annual Accident History Report and Inherently Safer Systems
Implemented as Submitted by the Regulated Stationary Sources
The Industrial Safety Ordinance requires the stationary sources to update the information on their accident
history in their Safety Plans and include how they have used inherently safer processes within the last year. Table
III is a listing of some of the inherently safer systems that have been implemented by the different stationary
sources during the same period. Attachment B includes the individual reports from the stationary sources.



TABLE III
INHERENTLY SAFER SYSTEMS

regulated stationary            inherently safer system                     design                 category
source                          implemented                                 strategy

Chevron                         Reduce the impact by using a less           Inherent               Moderate
                                concentrated hazardous chemical
                                (1 time)

                                Reduced potential of exposure by            Passive                Minimization
                                removing or modifying piping and
                                equipment design (12 times)

                                Reduced the potential of a hazard by        Passive                Moderate
                                equipment/process design change
                                (32 times)

                                Revised equipment metallurgy,               Passive                Simplify
                                components, controls features
                                (14 times)

                                Reduced potential of a hazard by            Active                 Moderate
                                adding control measures or equipment
                                (4 times)

                                Reduced potential of a hazard by            Active                 Simplify
                                simplifying equipment (3 times)

General Chemical                Reduce the impact by using a less           Inherent               Moderate
Richmond Works                  concentrated hazardous chemical or
                                operating condition (2 times)

                                Simplified equipment (Absorption            Inherent               Simplify
                                Tower, molten sulfur) piping (2 times)

                                Reduced wastewater volume (1 time)          Inherent               Minimization

                                Reduced potential of a hazard by            Active                 Simplify
                                installing interlocks (1 time)
Industrial Safety Ordinance 2010 Report                                                                       14
TABLE IV
MAJOR CHEMICAL AND ACCIDENT RELEASE INCIDENT STATUS



No MCAR Event in 2010 for City of Richmond Industrial Safety Ordinance facilities.




Industrial Safety Ordinance 2010 Report                                              15
Status of the Incident                                         •   Causes on- or off-site property damage
                                                                   (including cleanup and restoration activities)
Investigations, Including the                                      initially estimated at $500,000 or more.
Root Cause Analyses Conducted                                      On-site estimates shall be performed by the
by the Regulated Stationary                                        regulated stationary source. Off-site estimates
                                                                   shall be performed by appropriate agencies
Sources                                                            and compiled by Health Services
The Industrial Safety Ordinance requires the                   •   Results in a vapor cloud of flammables or
regulated stationary sources to do an incident                     combustibles that is more than 5,000 pounds
investigation with a root cause analysis for each of
the major chemical accidents or releases as defined         The regulated stationary source is required to submit
by the following: “Major Chemical Accident or               a report to Hazardous materials programs 30 days
Release means an incident that meets the definition         after the root cause analysis is complete. There have
of a Level 3 or Level 2 incident in the Community           been no major chemical accidents or releases by a
Warning System incident level classification system         Richmond Industrial Safety Ordinance regulated
defined in the Hazardous Materials Incident                 stationary source, since January 15, 2007.
Notification Policy, as determined by Contra Costa
Health Services; or results in the release of a regulated
substance and meets one or more of the following
criteria:
    • Results in one or more fatalities
    • Results in greater than 24 hours of hospital
        treatment of three or more persons




Industrial Safety Ordinance 2010 Report                                                                      16
Major Chemical Accidents or                                                                           the MCARs that have occurred at the the City of
                                                                                                      Richmond’s Industrial Safety Ordinance stationary
Releases                                                                                              sources, and a chart showing the MCARs that have
Hazardous Materials Programs has analyzed the                                                         occurred at the County and the City of Richmond’s
Major Chemical Accidents or Releases (MCAR)                                                           Industrial Safety Ordinance stationary sources. The
that have occurred since the implementation of the                                                    charts also show the number of severity I, II and III
Industrial Safety Ordinance. The analysis includes                                                    MCARs for this period. There were four severity
the number and severity of the MCARs. Three                                                           type I MCAR events from Tesoro and Conoco
different levels of severity were assigned:                                                           Phillips in October and November this year that are
     • Severity Level III – A fatality, serious injuries,                                             not shown on the graphs. NOTE: The charts do
         or major onsite or offsite damage occurred                                                   not include any transportation MCARs that have
     • Severity Level II – An impact to the                                                           occurred.
         community occurred, or if the situation was                                                  A weighted score has been developed giving more
         slightly different the accident may have been                                                weight to the higher severity incidents and a lower
         considered major, or there is a recurring type                                               weight to the less severe incidents. The purpose is
         of incident at that facility                                                                 to develop a metric of the overall process safety of
     • Severity Level I – A release where there was                                                   facilities in the County, the facilities that are covered
         no or minor injuries, the release had no or                                                  by the County and the City of Richmond Industrial
         slight impact to the community, or there was                                                 Safety Ordinances, and the facilities that are covered
         no or minor onsite damage                                                                    by the County’s Industrial Safety Ordinance. A
Below are charts showing the number of MCARs                                                          Severity Level III incident is given nine points,
from January 1999 through September 2010 for                                                          Severity Level II three points, and Severity Level I
all stationary sources in Contra Costa County,                                                        one point. Below is a graph of this weighted scoring.

                                                                     Major Chemical Accidents and Releases

                                       12

                                       10
                    Number of MCAR's




                                                                                                                                             Total MCARs
                                       8
                                                                                                                                             Severity Level III
                                       6
                                                                                                                                             Severity Level II
                                       4                                                                                                     Severity Level I
                                       2
                                       0
                                       1999     2000     2001    2002    2003    2004          2005 2006 2007 2008         2009   2010
                                                                                            Year
                                            * 4 Severity I incidents at County ISO facilities in Oct, Nov 2010 not shown



                                                                        County and Richmond ISO MCARs

                   12

                   10
                                                                                                                                         Total MCARs
                      8
                                                                                                                                         Severity Level III
                      6
                                                                                                                                         Severity Level II
                      4                                                                                                                  Severity Level I
                      2
                      0
                      1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
                                                                                Year
                                       * 4 Severity I incidents at County ISO facilities in Oct, Nov 2010 not shown

Industrial Safety Ordinance 2010 Report                                                                                                                           17
                              Major Chemical Accidents and Releases
                                        Weighted Score


                     30

                     25                                                                 Total MCARs
                     20
                                                                                        County &
                     15                                                                 Richmond ISO
                                                                                        County ISO
                     10

                      5

                      0
                       99
                       00
                       01
                       02
                       03
                       04
                       05
                       06
                       07
                       08
                       09
                       10
                    19
                    20
                    20
                    20
                    20
                    20
                    20
                    20
                    20
                    20
                    20
                    20
                       * 4 Severity I incidents at County ISO facilities in Oct, Nov 2010 not shown




Legal Enforcement Actions                                             Total Fees, Service Charges, and
Initiated by Health Services                                          Other Assessments Collected
As part of the enforcement of the Industrial Safety
Ordinance and the CalARP Program, Hazardous
                                                                      Specifically for the Industrial
Materials Programs issues Notice of Deficiencies                      Safety Ordinance
on the Safety and Risk Management Plans and                           The fees charged for the Industrial Safety
issues Audit Findings on what a stationary source                     Ordinance are to cover the time that the Accidental
is required to change to come into compliance                         Release Prevention Engineers use to enforce the
with the regulations. Table I shows the action that                   ordinance, the position of the Hazardous Materials
has been taken by Hazardous Materials Programs.                       Ombudsman, outreach material and to cover a
Hazardous Materials Programs has not taken                            portion of the overhead for the Hazardous Materials
any action through the District Attorney’s Office                     Programs. The fees charged for administering this
for noncompliance with the requirements of the                        the County’s and the City of Richmond’s Industrial
Industrial Safety Ordinance.                                          Safety Ordinances for the fiscal year 2009 –10 is
                                                                      $713,631.
Penalties Assessed as
a Result of Enforcement                                               Total Personnel and Personnel
No penalties have been assessed this year for                         Years Used by Health Services to
noncompliance with the Industrial Safety Ordinance.                   Implement the Industrial Safety
                                                                      Ordinance
                                                                      The Accidental Release Prevention Programs
                                                                      Engineers have reviewed resubmitted Safety Plans,
                                                                      prepared and presented information for public
                                                                      meetings, performed audits of the stationary sources
                                                                      for compliance with both the California Accidental
                                                                      Release Prevention Program and Industrial Safety

Industrial Safety Ordinance 2010 Report                                                                             18
Ordinance and did follow-up work after a Major         Comments From Interested
Chemical Accident or Release. The following is
a breakdown of the time that was spent on the          Parties Regarding the
County’s and the City of Richmond’s Industrial         Effectiveness of the Industrial
Safety Ordinances:
    • One ISO/CalARP Program facility audit
                                                       Safety Ordinance
                                                       No comments were received on the County’s or the
       was done between November 2009 and
                                                       City of Richmond’s Industrial Safety Ordinances
       October 2010. It takes five engineers four
                                                       during the last year.
       weeks to perform an ISO/CalARP Program
       on-site portion of the audit. The audit
       process encompasses off-site time that          The Impact of the Industrial
       includes a quality assurance process, working   Safety Ordinance on Improving
       with the facility to address any questions,
       posting public notices, attending public        Industrial Safety
       forum to share audit findings, addressing       Four programs are in place to reduce the potential
       any questions from the public, and issuing      of an accidental release from a regulated stationary
       the final report. The total time taken to       source that could impact the surrounding
       perform this audit in 2010 was 950 hours.       community. The four programs are the Process
       Approximately one-third of the time was         Safety Management Program administered
       dedicated to the Industrial Safety Ordinance    by Cal/OSHA, the federal Accidental Release
       for a total of 316 hours.                       Prevention Program administered by the U.S.
    • Developing Safety Culture Assessment             EPA, the California Accidental Release Prevention
       Guidance and establishing Process Safety        Program administered locally by Hazardous
       Measurement – 200 hours                         Materials Programs, and the Industrial Safety
    • Reviewing information for the website – 40       Ordinance administered by Hazardous Materials
       hours                                           Programs. Each of the programs is very similar in
    • Reviewing Safety Plans and following up          requirements, with the Industrial Safety Ordinance
       with the facilities on any deficiencies – 200   being the most stringent. The prevention elements
       hours                                           of the program level 3 regulated stationary
    • Health Services Communications Office or         sources under the federal Accidental Release
       the Accidental Release Prevention Engineers     Prevention Program is identical to the Process
       prepare material for presentations and public   Safety Management Program. The main differences
       meetings – total approximately 80 personnel     between the federal Accidental Release Prevention
       hours.                                          and the CalARP Programs are as follows:
    • Working with Public Health Division                  1. The number of chemicals regulated
       to prepare meetings and material for                2. The threshold quantity of these chemicals
       the Spanish-speaking communities – 40               3. An external events analysis, including
       personnel hours                                         seismic and security and vulnerability
    • Total of 1,510 hours is the approximate                  analysis, is required
       personnel time spent on the Industrial Safety       4. Additional information in the Risk
       Ordinance.                                              Management Plan
This does not include the ombudsman time spent             5. Health Services is required to audit and
helping prepare for the public meetings, working               inspect stationary sources at least once every
with the engineers on questions arising from                   three years
the Industrial Safety Ordinance, and answering             6. The interaction required between the
questions from the public on the Industrial Safety             stationary source and Health Services
Ordinance.                                             The differences between the CalARP and the

Industrial Safety Ordinance 2010 Report                                                                19
Industrial Safety Ordinance Safety Programs are as   done to compare to the number of OSHA process
follows:                                             safety management audits. Carolyn W. Merritt,
    • Stationary sources are required to include     the Chemical Safety and Hazard Investigation
       a root cause analysis with the incident       Board Chair, at that time, also recognized Contra
       investigations for Major Chemical Accidents   Costa County in testimony to the House of
       or Releases                                   Representatives Committee on Education and Labor
    • The stationary sources are required to         chaired by Representative George Miller. Senator
       consider inherently safer practices           Barbara Boxer, during a hearing to consider John
    • All of the processes at the regulated          Bresland’s nomination to the Chemical Safety and
       stationary source are covered                 Hazard Investigation Board as the Chair (replacing
    • Managing changes in the organization for       Carolyn Merritt), asked Mr. Bresland about the
       operations, maintenance and emergency         Contra Costa County program for process safety
       response                                      audits of refineries and chemical companies. The
    • The implementation of a Human Factors          Chemical Safety and Hazard Investigation Board
       Programs                                      also mentions Contra Costa County in a DVDs
                                                     “Anatomy of a Disaster: Explosion at BP Texas City
The Accidental Release Prevention Engineers have     Refinery” and “Fire in the Valley” on the resources
participated with the Center for Chemical Process    given to audit and ensure facilities are complying
Safety on developing the second edition of the       with the regulations.
“Inherently Safer Chemical Processes” book that
is referenced in the ordinance and with the Center   Contra Costa Hazardous Materials Programs was
for Chemical Process Safety on developing process    asked to give testimony at the hearing on "Work
safety metrics for leading and lagging indicators.   Place Safety and Worker Protections in the Gas and
                                                     Oil Industry" before the U.S. Senate Committee
All of these requirements will lower and have        on Health, Education, Labor, and Pensions
lowered the probability of an accident occurring.    Subcommittee on Employment and Workplace
Contra Costa County has been recognized in the       Safety. The testimony was on the success of the
Chemical Safety and Hazard Investigation Board       Accidental Release Prevention Programs that are
Reports on the BP March 23, 2005 Texas City and      in place in Contra Costa County. The hearing
the Bayer Crop Science, Institute, West Virginia     was specific on two major incidents that occurred
August 28, 2008 Investigations as an alternative     in Anacortes, Washington at a Tesoro Refinery
model for doing process safety inspections. The      and the Deepwater Horizon incident in the Gulf
report states: “Contra Costa County and the U.K.     of Mexico. A link to the testimony is posted on
Health and Safety Executive conduct frequent         the Health Services website and can be found by
scheduled inspections of PSM and major hazard        using the following link: http://help.senate.gov/
facilities with highly qualified staff.” This was    hearings/hearing/?id=fe34048f-5056-9502-5d69-
                                                     2609a5d5501a .




Industrial Safety Ordinance 2010 Report                                                           20
           Attachment A                                          4. Continuing an outreach strategy so that the
                                                                    people who live and work in Contra Costa
        Hazardous Materials                                         County can know about and utilize the
        Ombudsman Report                                            program.

Hazardous Materials Ombudsman Evaluation                         5. Investigating and responding to questions
October 2009 through September 2010                                 and complaints, and assisting people in
                                                                    gathering information about programs,
I.	      Introduction                                               procedures or issues.
On July 15, 1997 the Contra Costa County Board
                                                                 6. Participating in a network of environmental
of Supervisors authorized the creation of an
                                                                    programs for the purpose of providing
Ombudsman position for the County’s Hazardous
                                                                    technical assistance.
Materials Programs. The first Hazardous Materials
Ombudsman began work on May 1, 1998. The
                                                          This evaluation covers the period from October
Contra Costa County Board of Supervisors adopted
                                                          2009 through September 2010 for the Hazardous
an Industrial Safety Ordinance on December 15,
                                                          Materials Ombudsman program. The effectiveness
1998. Section 450-8.022 of the Industrial Safety
                                                          of the program shall be demonstrated by showing
Ordinance requires the Health Services Department
                                                          that the activities of the Hazardous Materials
to continue to employ an Ombudsman for the
                                                          Ombudsman meet the goals established in the
Hazardous Materials Programs. Section 450-
                                                          Industrial Safety Ordinance.
8.030(B)(vii) of the Industrial Safety Ordinance
requires an annual evaluation of the effectiveness of
                                                          II.	      Program	Elements
the Hazardous Materials Ombudsman, with the first
evaluation to be completed on or before October 31,
                                                                 1.		Continuing	an	Outreach	Strategy
2000.
                                                          This period, efforts were focused on maintaining
The goals of section 450-8.022 of the Industrial
                                                          the outreach tools currently available. Copies of the
Safety Ordinance for the Hazardous Materials
                                                          Ombudsman Brochure were translated into Spanish
Ombudsman are:
                                                          and were distributed to the public at meetings,
                                                          presentations, public events and through the mail.
      1. To serve as a single point of contact for
                                                          A contact person was also established in Public
         people who live or work in Contra Costa
                                                          Health that could receive calls from the public in
         County regarding environmental health
                                                          Spanish and serve as an interpreter to respond to
         concerns, and questions and complaints
                                                          these calls. In addition to explaining the services
         about the Hazardous Materials Programs.
                                                          provided by the position, the brochure also provides
                                                          the phone numbers of several other related County
      2. To investigate concerns and complaints,
                                                          and State programs. The web page was maintained
         facilitate their resolution, and assist people
                                                          for the program as part of the Contra Costa Health
         in gathering information about programs,
                                                          Services website. This page contains information
         procedures, or issues.
                                                          about the program, links to other related websites,
                                                          and information about upcoming meetings and
      3. To provide technical assistance to the public.
                                                          events. A toll-free phone number is published in
                                                          all three Contra Costa County phone books in the
The Hazardous Materials Ombudsman currently
                                                          Government section.
accomplishes these goals through the following
                                                               2.	 Investigating	and	Responding	to	Questions	
program elements:
                                                                   and	Complaints,	and	Assisting	in	
                                                                   Information	Gathering
Industrial Safety Ordinance 2010 Report                                                                    21
During this period, the Hazardous Materials               participants and the public.
Ombudsman received 171 information requests.                  • CAER (Community Awareness and
More than 95 percent of these requests occurred                   Emergency Response) —This nonprofit
via the telephone, and have been requests for                     organization addresses industrial accident
information about environmental issues. Requests                  prevention, response and communication.
via e-mail are slowly increasing, mainly through                  The Ombudsman participated in the
referrals from Health Services main web page.                     Emergency Notification subcommittee of
Most of these requests concern problems around                    CAER.
the home such as asbestos removal, household                  • Hazardous Materials Commission —In 2001,
hazardous waste disposal, pesticide misuse and lead               the Ombudsman took over as staff for the
contamination.                                                    commission. As staff to the commission, the
                                                                  Ombudsman conducts research, prepares
Information requests about environmental issues                   reports, writes letters and provides support
received via the telephone were generally responded               for three monthly Commission meetings.
to within one business day of being received. Many                During this period, the Ombudsman
of the information requests were answered during                  completed writing reports on Household
the initial call. Some requests required the collection           Hazardous Waste and Brownfields for the
of information or written materials that often took               Commission.
several days to compile. Telephone requests were              • Public and Environmental Health Advisory
responded to by telephone unless written materials                Board —As staff to the Environmental Health
needed to be sent as part of the response.                        subcommittee of PEHAB, the Ombudsman
                                                                  keeps the committee informed on issues
                                                                  they are interested in such as refinery flaring,
Complaints about the Hazardous Materials                          contaminated fish consumption, climate
Programs can also be received via telephone                       change and Integrated Pest Management.
and in writing. Persons that make complaints                  • Integrated Pest Management Advisory
via telephone are also asked to provide those                     Committee —During this period the
complaints in writing. During this period, the                    Ombudsman represented Health Services
Hazardous Materials Ombudsman did not receive                     on, and was elected to be chairperson
any complaints about the Hazardous Materials                      of, the newly created County Integrated
Programs.                                                         Pest Management Advisory Committee.
                                                                  This Committee brings department
In September, the Ombudsman facilitated a                         representatives and members of the public
workshop for business owners concerning their new                 together to help implement the County’s
permit fee structure.                                             Integrated Pest Management policy.
                                                              • Asthma Program —The Ombudsman
    3.	 Participating	in	a	Network	of	                            participated in the Public Health
        Environmental	Programs	for	the	Purpose	                   Division’s Asthma Program as a resource
        of	Providing	Technical	Assistance.                        on environmental health issues. The
                                                                  Ombudsman also participated in countywide
Technical assistance means helping the public                     asthma coalition meetings, and represented
understand the regulatory, scientific, political and              the Asthma Program at regional meetings
legal aspects of issues. It also means helping them               pertaining to asthma issues, particularly
understand how to effectively communicate their                   diesel pollution. The Ombudsman gave
concerns within these different arenas. This year,                presentations to nine high school classes on
the Ombudsman continued to staff a number of                      asthma and air pollution. The Ombudsman
County programs and participate in other programs                 has also begun to provide technical support
to be able to provide technical assistance to the                 for efforts to address the impacts of climate
Industrial Safety Ordinance 2010 Report                                                                    22
        change on sensitive populations, and                     exposure to toxic chemicals. As part of this
        efforts to improve health outcomes through               effort, the Ombudsman organized two local
        improvements to the built environment.                   workshops to gather input from the public
    •   East County Environmental Justice                        on these issues.
        Collaborative —During this period the
        Ombudsman provided technical assistance          The Hazardous Materials Ombudsman also attended
        to the East County Environmental Justice         workshops, presentations, meetings and trainings
        Collaborative, a Public Health Division          on a variety of environmental issues to be better able
        project in Bay Point and Pittsburg. This         to provide technical assistance to the public. Topics
        project was funded by grants from the            included Environmental Justice, Cumulative impacts
        Federal EPA and the San Francisco                assessment, emergency management practices,
        Foundation that the Ombudsman helped             health mitigations for consumption of contaminated
        secure. The Ombudsman helped develop             fish, community-based participatory research and
        research materials and gave presentations        land-use planning for greenhouse gas reduction.
        to residents as part of this project. The
        Ombudsman also talked to teachers,               III.	   Program	management
        principals and parents in the Pittsburg
        Unified School District to encourage them to     The Hazardous Material Ombudsman continued
        participate in the environmental education       to report to the Public Health Director on a day-
        programs offered by the Contra Costa Water       to-day basis during this period, while still handling
        District.                                        complaints and recommendations about the
    •   Bay Area Air Quality Management District’s       Hazardous Materials Programs through the Health
        Community Air Risk Evaluation Program —          Services Director. The Ombudsman also was a
        During this period the Ombudsman                 member of Health Services Emergency Management
        represented the Public Health Division           Team and participates on its HEEP management
        on the advisory board to this Air District       team. The Ombudsman also assisted the Asthma
        program. This advisory board meets               program in the writing of grants to fund ongoing
        quarterly to discuss implementation of this      programs.
        program that identifies and creates strategies
        to address health risks in communities with      IV.	    Goals	for	the	2010/11	period
        high air pollution emissions in the Bay
        Area. Two of these areas are in Contra Costa     In this period, the Ombudsman will provide
        County.                                          essentially the same services to Contra Costa
    •   Richmond General Plan Health Element —           residents as was provided in the last period. The
        During this period the Ombudsman                 Ombudsman will continue respond to questions
        provided technical assistance to the City of     and complaints about the actions of the Hazardous
        Richmond as part of an effort to evaluate        Materials Programs; answer general questions
        the effectiveness of the implementation of       that come from the public and assist them in
        the new Health Element of their updated          understanding regulatory programs; staff the
        General Plan.                                    Hazardous Materials Commission and the Public
    •   National Conversation on Public Health and       and Environmental Health Advisory Board;
        Chemical Exposure —                              provide technical support to the Asthma program,
        During this period the Ombudsman                 and represent it on the Ditching Dirty Diesel
        represented the Public Health Division in        Collaborative and the East County Environmental
        this yearlong nation-wide effort organized       Justice collaborative; chair the Integrated Pest
        by the federal Environmental Protection          Management Advisory Committee, and participate
        Agency and Centers for Disease Control to        on the CAER Emergency Notification committee,
        create an agenda for reducing the public’s       the Air District CARE Advisory Board and the
Industrial Safety Ordinance 2010 Report                                                                  23
Richmond Health Element Implementation Group.

During this period the Ombudsman will help the
Hazardous Materials Commission research and
develop policy recommendations on the following
issues:

    •   Pipeline Safety
    •   Industrial Safety and the Industrial Safety
        Ordinance
    •   Nanotechnology
    •   Environmental and health impacts of
        pharmaceutical wastes




Industrial Safety Ordinance 2010 Report               24
         Attachment B                                     CCHS Office, 4585 Pacheco Boulevard and
                                                          the Richmond Library.
      Regulated Sources                                6. Provide any additions to the annual accident
     Annual Performance                                   history reports (i.e. updates) submitted
     with Accident History                                pursuant to Section 450-8.016(E)(2) of
     and Inherent Safety                                  County Ordinance 98-48 (450-8.030(B)(2)
        Implementation                                    (iii)) (i.e., provide information identified
                                                          in Section 450-8.016(E)(1) for all major
                                                          chemical accidents or releases occurring
Annual Performance Review                                 between the last annual performance review
and Evaluation Submittal                                  report and the current annual performance
                                                          review and evaluation submittal (12-month
June	30,	2010                                             history)):
*
 Attach additional pages as necessary                     City Ordinance 42-01 §6.43.090(e)(2),
                                                          §6.43.160(b)(3), and (§6.43.090(e)(1). The
    1. Name and address of Stationary Source:             September 2009 Site Safety Plan includes
       Chevron Richmond Refinery, 841 Chevron             required updates to the accident history
       Way, Richmond, California 94802                    section.

                                                       7. Summary of each Root Cause Analysis
    2. Contact name and telephone number                  (Section 450-8.016(C)) including the
       (should CCHS have questions):                      status of the analysis and the status of
       Karen Draper , 510-242-1547                        implementation of recommendations
                                                          formulated during the analysis (450-8.030(B)
                                                          (2)(iv)):
    3. Summarize the status of the Stationary             City Ordinance 42-01 §6.43.090(c),
       Source’s Safety Plan and Program (450-             and 42-01 §6.43.160(b)(4): There have
       8.030(B)(2)(i)):                                   been no Major Chemical Accidents or
       City Ordinance 42-016.43.160 (B)(1):               Releases(MCAR) or Near Miss incidents
       The September 2009 Safety Plan reflects            requiring investigations during this reporting
       the current program elements within the            period.
       Refinery.
                                                       8. Summary of the status of implementation
    4. Summarize Safety Plan updates (i.e., brief         of recommendations formulated during
       explanation of update and corresponding            audits, inspections, Root Cause Analyses,
       date) (450-8.030(B)(2)(ii)):                       or Incident Investigations conducted by the
       City Ordinance 42-01 §6.43.160(b)(2): The          Department (450-8.030(B)(2)(v)):
       September 2009 Safety Plan update has not          City Ordinance 42-01 §6.43.160(b)(5): There
       yet completed the public notice process.           were no audits or unannounced inspections
                                                          during this 12 month period.

    5. List of locations where Safety Plans are/will
       be available for review, including contact      9. Summary of inherently safer systems
       telephone numbers if the source will provide       implemented by the source including but
       individuals with copies of the document            not limited to inventory reduction (i.e.,
       (450-8.030(B)(2)(ii)):                             intensification) and substitution (450-
                                                          8.030(B)(2)(vi)):
Industrial Safety Ordinance 2010 Report                                                           25
    City Ordinance (42-01 §6.43.160(b)(6)):
       The following table represents several of the
       inherently safer solutions implemented in
       the facility during this reporting period:

 Strategy            ISS Solution Employed

 Minimize            Demo of 4” dead leg on C-140’s 16” overhead line.
 Minimize            F-2201: Remove dead legs from firebox
 Minimize            10 Tar Line removal of a dead leg and a set of flanges.
 Minimize            NG Purge to V-244 Piping Dead Leg Removal
 Minimize            T-200B—Remove Unused Dead leg Nozzles From Tank Shell
 Minimize            D-720 Bleach Loading Line Replacement and Removal of Dead Legs
 Minimize            Eliminate leaking dead leg to the 1686 manifold
 Minimize            C-1950 Bottoms Piping Dead Leg Removal (LNC and HNC 1 S/C Off Test Line)
 Minimize            DEMO PSV IX-10002 and Associated Dead legs
 Minimize            Removal of 150# steam supply line to E-350/351- no longer needed
 Minimize            Demolition of T-870 and associated injection equipment
 Minimize            Remove old MP-100 DWOP wash down pump.
 Minimize            Caustic Strength Change in V1431 from 6-10% wt down to 2-5% wt
 Moderate            K-1600 instrument upgrades, replace V-1605 with a Stainless lined vessel
 Moderate            Upgrade Mechanical Seal flush piping on P-1167
 Moderate            Upgrade Mechanical Seal flush piping on P-1168
 Moderate            P-1165A piping changes made to the lube oil skid for piping upgrades from CS to SS.
 Moderate            P-840 Mechanical seal upgrade
 Moderate            North Isomax Flare (V-281A) Molecular Seal Drain Line upgraded to schedule 160
 Moderate            N2 purge to V-1936, Replace temporary tubing with permanent hard pipe.
 Moderate            P-102/A/103 Seal Flush Piping Compliance Upgrade.
 Moderate            P-155, upgrade needed flanges/valves to AF1 Pipe Class
 Moderate            R-410/411 and R-420/421 Inter Reactor H2 Quench Injection Point Upgrade
 Moderate            Relining of C-2260 using Derakane 8084 as an upgrade to the existing Derakane 411-45
 Moderate            E-150A/B/C/D Piping Spools, Valves, & Flanges upgraded to RF from T&G.
 Moderate            Upgrade elbow on E-1820 run-down in to V-1820 to Hastelloy C276
 Moderate            Replace V-1000 & E-1000 & piping w/upgraded metallurgy
 Moderate            V-910—Upgrade Level Instrumentation Piping
 Moderate            E-3580A & B -upgraded to duplex stainless steel (2507) and the outlet piping upgraded to
 Moderate            R-410/R-411 quench pipe union upgrade to Grayloc connectors
 Moderate            E-440: Replace the 1” Drain Valve (347SS) with New Inconel 825 Drain Valve
 Moderate            P-246A Mechanical seal flush plan upgrade
 Moderate            P-133 Upgrade existing Pump seals and flush supply
 Moderate            P-481A upgrade existing Flowserve seal to a John Crane Type 319ST
 Moderate            P-254, P-260, Seal upgrades from existing Flowserve to John Crane.

Industrial Safety Ordinance 2010 Report                                                                   26
 Strategy            ISS Solution Employed

 Moderate            P-261, upgrade existing Flowserve mechanical seal to a John Crane Seal
 Moderate            P-133 upgrade outboard seal
 Moderate            P-3159 seal upgrade from Flowserve to John Crane type 561OQ single cartridge
 Moderate            4Rhen—Upgrade 5 Bleeders and One Root Valve to Monel Trim
 Moderate            V-3217 / Replace corroded CS BFW Chemical piping with socket-welded stainless, class
                     GB1.
 Moderate            Replace 3” reflux nozzle (N21) on C-1820 with upgraded Hastelloy C liner
 Moderate            EOD Fire Water Line - 12”—SRU along Hill St. - Replace CS with Cement lined pipe.
 Moderate            Retube E-1905B seal oil cooler from CS to 70/30 CuNi alloy
 Moderate            E-1850: Coat channel & install anodes
 Moderate            Replace C.S. section of V-450 outlet piping from vessel nozzle to LV-4511 & LV-4512 with
 Moderate            Replace SS injection quills. Changing metallurgy on quills and some of the piping to
                     Hastelloy
 Moderate            F-2202 and F-2203 Burner Ring Replacement with 310 SS instead of 316 SS
 Moderate            637 Line Relief Line PSV Installation
 Moderate            TKN-5 - E-551C/D—Tube Bundle Replacement upgraded to Incoloy 825

 Simplify            IX-808 upgrade to a balanced piston type PRD
 Simplify            V-325 Gage Glass Bridle Piping Repair, Flanges are being changed from T&G to raised face
 Simplify            V-501A,B,C replacement to coated code vessels with an MAWP of 250psig
 Simplify            V-601A,B,C replacement to coated code vessels with an MAWP of 250psig
 Simplify            E-803B Channel Chemical Cleaning Nozzle Flange Alteration upgraded to a 300# flange
 Simplify            C-730 Sample Piping Upgrade to solid piping
 Simplify            E-150A/B/C/D Piping Spools, Valves, & Flanges upgraded to RF from T&G.
 Simplify            Valve IX-10003 upgrade flange stg (small tongue and groove) to rf (raised face)
 Simplify            E-130A-F Flange & Gasket Upgrade
 Simplify            Avgas Marketing—new filters have a through bolt design as opposed the existing swing bolt
 Simplify            LT237 on V-1824 to relief - replace the 3/4” vent line with an upgraded 2” line.
 Simplify            V-3580—Replace V-3580 Outlet Piping from STANDARD to XS
 Simplify            7-GRU—Replace FC-790 threaded/union style to flanged style
 Simplify            Retire PSV FC-211 and Replace with Piping
 Simplify            E-1030 Anode Attachment and Channel Coating
 Simplify            Changing union connections to Grey Loc Fittings for R-420 & R-421
 Simplify            Install New PRD to Protect V-910




Industrial Safety Ordinance 2010 Report                                                                   27
    10. Summarize the enforcement actions                14. Copies of any comments received by the
        (including Notice of Deficiencies, Audit             source (that may not have been received by
        Reports, and any actions turned over to the          the Department) regarding the effectiveness
        Contra Costa County District Attorney’s              of the local program that raise public safety
        Office) taken with the Stationary Source             issues(450-8.030(B)(6)):
        pursuant to Section 450-8.028 of County              There have been no comments received in
        Ordinance 98-48 (450-8.030(B)(2)(vii)):              this period.
        There were no enforcement actions during
        this period.
                                                         15. Summarize how this Chapter improves
                                                             industrial safety at your stationary source
    11. Summarize total penalties assessed as a              (450-8.030(B)(7)):
        result of enforcement of this Chapter (450-          The Richmond Refinery has fully
        8.030(3)):                                           implemented and maintains the City of
        No penalities have been assessed against this        Richmond’s Industrial safety Ordinance
        facility as a result of this Chapter.                program . Chevron is fully committed
                                                             to achieving a incident and injury free
                                                             operation, and the minimization of potential
    12. Summarize the total fees, service charges,           risk to the community and environment.
        and other assessments collected specifically
        for the support of the ISO (450-8.030(B)(4)):    16. List examples of changes made at your
        The total CalARP Program fees for these              stationary source due to implementation
        nine facilities was $595,000. The total of           of the Industrial Safety Ordinance (e.g.,
        the County and the City of the Richmond              recommendations from PHA’s, Compliance
        Industrial Safety Ordinance fees for these           Audits, and Incident Investigations in
        nine facilities was - $304,000.                      units not subject to CalARP regulations;
                                                             recommendations from RCA’s) that
                                                             significantly decrease the severity or
    13. Summarize total personnel and personnel              likelihood of accidental releases
        years utilized by the jurisdiction to directly       Refer to the ISS Solutions implemented.
        implement or administer this Chapter (450-           (Noted in question #9)
        8.030(B)(5)):
        4400 hours were used to audit/inspect and        17. Summarize the emergency response activities
        issue reports on the Risk Management                 conducted at the source (e.g., CWS or TEN
        Chapter of the Industrial Safety Ordinance.          activation) in response to major chemical
                                                             accidents or releases:
                                                             During this period, there were no activations
                                                             of the CWS or TEN systems in response to
                                                             an MCAR event.




Industrial Safety Ordinance 2010 Report                                                              28
Annual Performance Review                                 in §6.43.090(e)(1) for all major chemical
                                                          accidents or releases occurring between the
and Evaluation Submittal                                  last annual performance review report and
                                                          the current annual performance review and
June	30,	2010                                             evaluation submittal (12 month history)):
*Attach additional pages as necessary                     None.

    1. Name and address of Stationary Source:
       General Chemical West, 525 Castro Street,       7. Summary of each Root Cause Analysis
       Richmond, California 94801                         §6.43.090(c) including the status of the
                                                          analysis and the status of implementation
                                                          of recommendations formulated during the
    2. Contact name and telephone number                  analysis §6.43.160(b)(4):
       (should CCHS have questions):                      None
          Kevin O’Kelley    510-237-3869

                                                       8. Summary of the status of implementation
    3. Summarize the status of the Stationary             of recommendations formulated during
       Source’s Safety Plan and Program (42-01            audits, inspections, Root Cause Analyses,
       §6.43.160(b)(1)):                                  or Incident Investigations conducted by the
       The Safety Plan was updated in 2009. Review        Department §6.43.160(b)(5):
       by CCHS resulted in a revision, which was          The CCHS audit of January, 2009 resulted
       accepted in May, 2010.                             in 64 action items. 9 items remain
                                                          uncompleted.

    4. Summarize Safety Plan updates (i.e., brief
       explanation of update and corresponding
       date) (42-01 §6.43.160(b)(2)):                  9. Summary of inherently safer systems
       The Safety Plan was resubmitted, and               implemented by the source including but
       reviewed. Modifications were completed in          not limited to inventory reduction (i.e.,
       May, 2010.                                         intensification) and substitution §6.43.160(b)
                                                          (6):
                                                          1. Simplification of Absorption Tower piping;
    5. List of locations where Safety Plans are/will      2. Reduciton of pressure in Superheater; 3.
       be available for review, including contact         New design of neutralization system will
       telephone numbers if the source will provide       reduce the volume of wastewater treated;
       individuals with copies of the document (42-       4. Simplification of molten sulfur piping; 5.
       01 §6.43.160(b)(2)):                               Installation of interlock on booster pump; 6.
                4585 Pacheco Blvd., Martinez, and in      Reduce concentration of hydrogen peroxide
       the Richmond public library.                       from 35% to 25%.

                                                       10. Summarize the enforcement actions
                                                           (including Notice of Deficiencies, Audit
    6. Provide any additions to the annual                 Reports, and any actions turned over to
       accident history reports (i.e. updates)             the City Attorney’s Office) taken with
       submitted pursuant to §6.43.090(e)(2)               the Stationary Source pursuant to City
       of City Ordinance 42-01 (§6.43.160(b)               Ordinance 42-01 §6.43.160(b)(7):
       (3) (i.e., provide information identified           The 2009 audit report has not yet completed
Industrial Safety Ordinance 2010 Report                                                           29
       the public notice process. The NOD for the        16. List examples of changes made at your
       Safety Plan is being addressed by the Safety          stationary source due to implementation
       Plan being modified.                                  of the Industrial Safety Ordinance (e.g.,
                                                             recommendations from PHA’s, Compliance
                                                             Audits, and Incident Investigations in
    11. Summarize total penalties assessed as a result       units not subject to CalARP regulations;
        of enforcement of this Chapter §6.43.160(c):         recommendations from RCA’s) that
        No penalities have been assessed against this        significantly decrease the severity or
        facility.                                            likelihood of accidental releases:
                                                             Numerous changes have been made due
                                                             to recommendations from PHA’s, audits,
    12. Summarize the total fees, service charges,           etc. Some examples include revision of
        and other assessments collected specifically         procedures, improved employee training,
        for the support of the ISO §6.43.160(d):             and improved management of change
        The total CalARP Program fees for the nine           documentation.
        facilities was $595,000. The total the County
        and the City of the Richmond Industrial
        Safety Ordinance fees for the nine facilities    17. Summarize the emergency response activities
        was - $304,000.                                      conducted at the source (e.g., CWS or TEN
                                                             activation) in response to major chemical
                                                             accidents or releases:
    13. Summarize total personnel and personnel              None
        years utilized by the jurisdiction to directly
        implement or administer this Chapter
        §6.43.160(e):
        4400 hours were used to audit/inspect and
        issue reports on the Risk Management
        Chapter of the Industrial Safety Ordinance.




    14. Copies of any comments received by the
        source (that may not have been received by
        the Department) regarding the effectiveness
        of the local program that raise public safety
        issues§6.43.160(f):
        None


    15. Summarize how this Chapter improves
        industrial safety at your stationary source
        §6.43.160(g):
        This Chapter helps minimize potential risk
        and exposure to employees, the community,
        and the environment.



Industrial Safety Ordinance 2010 Report                                                           30

				
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