20121030 Late CorrespondenceIllt/3-s1
ClJIS-MOTION
II ,II I I
OCT 2 3 2012
Councilmel11ber,·t5th District
Seconded B y_-.:l:"'L-"kil<.J-<-).!-1."-~-,-t_~_-:,{,y"--_
Presented By ~_d~~)
JO'i BUSCAINO
Residents and neighbors surrounding the Rancho LPG facilily located in San Pedro have
expressed various concerns regarding Ihe safely and legalily of Ihis facilily.This particular liquid
buill tanll facilily was buill in ·1973,and is locateel on private properly outside Ihe POrl of Los
Angeles.II includes two 12.5 million gallon refrigerated lanks containing butane,a IiqueOed
petroleum gas which is a by-product of the reOning process.Within the past decade,there have
been various city reviews of the storage facility,dating back to 2004,and have involved the
Planning Department,City Attorney,Harbor Department,Fire Department,the City
Administrative Office (CAO)as well as the Chief Legislative Analyst (CLA).
Aside from the Rancho LPG facility in San Pedro,there are a variety of other liquid buill
storage facilities both above and below ground in 1I1e Harbor area,which have also raised
concerns among nearby residents.It is imperative that the City ensure that any potentiallhreats
are thoroughly explored and mitigated.
Concerneel about the polential risks posed 10 local residents by a breach of a Liquid Buill
Storage (LBS)and Liquid Petroleum Gas (LPG)facility in the event of an accident,residents
have expressed interest in knowing how the land at Parcel 7412026006,011 whicll tile Rancho
LPG facility is located,could be annexed by the Harbor Department and bring Ihe inspection and
direction of saf8ty protocols of Ihe sile under th8 jurisdiction of the Port of Los Angeles and tile
Board of Harbor COlTlmissioners.
I THEREFORE MOVE that the Port of Los Angeles be instructed 10 report on the
feasibility of annexing or purchasing Parcel 74:12026006 and placing il under the jurisdiclion of
the B~Harbor Commissioners.
/I FURTHER MOVE that in Ihe event Parcel 7'1·12026006 C<lnnot be pure has eel or annexed
lhal Ihe Port of Los Angeles report as to why such a move is not possible uneler the reslrictions
of,bul not limited to,the City Charter,the Tidelands Trusl Act,or Ihe California Coastal
Commission.
RECEIVED FROMJW:L-.J<1<=:'::"::-:;::-;;\
AND MADE A PART OF T
o
CITY OF LOS ANGELES
CALIFORNIA
JUNE LAG MAY
City Clerk
HOllY L.WOLCOTT
Executive Officer
When making inquiries relative to
this matter,please refer to the
Council File No.11-1813,81
lJuly-31,2012
ANTONIO R.VilLARAIG08A
MAYOR
Office of the
CITY CLERK
Council and Public Services
Room 395,City Hall
Los Angeles,CA 90012
General Information -(213)978-1133
Fax:(213)978-1040
SHANNON HOPPES
Council and Public Services
Division
www.cityclerk.lacity.org
Gerry F.Miller,Chief Legislative Analyst
Room 255,City Hall
Dear Mr.Miller:
At its special meeting held June 27,2012,the Public Safety Committee considered Motions
(Buscaino -Perry -Englander)and (Perry -Krekorian)relative to permitting and safety
requirements for liquid bulk storage facilities located in San Pedro.At that time,Committee
instructed you to:
1.Convene meetings with the Fire Department,Building and Safety,Harbor Department,
City Attorney,Planning,Emergency Management,Bureau of Sanitation,and any other
City departments as needed,and to report to the Public Safety Committee with
recommendations to improve safety and hazard mitigation measures of liquid bulk
facilities.Recommendations can include,but should not be limited to:
Enlisting the assistance of an independent consultant to examine the risks
associated with liqUid bulk storage facilities in the Harbor area.
Recommendations for any new amendments to local,state or federal
requirements that pertain to liquid bulk storage facilities.
2.Develop a comprehensive list and/or map of all such facilities in Harbor area,including
those on Port property.
Please submit your report to the Public Safety Committee,in care of the City Clerk's Office,City
Hall,Room 395.
Sincerely,
John A.White,Legislative Assistant
Public Safety Committee
213-978-1072
An Equal Employment Opportunity -Affirmative Aclion Employer
Expert Assessment of the Washington Gas Proposal
Ronald P.Koopman,Ph.D.,P.E.
Hazard Analysis Consulting
4673 Almond Circle
Livennore,CA 94550
925-443-5324
rpkoopman@comcast.net
January 16,2006
Hyattsville Community Development Corporation
c/o Stuart Eisenberg
4904 40 th Place
Hyattsville,MD 20782
Subject:An Assessment of the Washington Gas proposal to build an LNG storage
facility at Chillum Road in West Hyattsvile,MD.
The above mentioned report has been revised and is provided to the Hyattsville
Conmlunity Development Corporation for use as it sees fit,including presentation to the
County Zoning Hearing Examiner,the County District Council,and the circuit court,as
needed.The auti10r has extensive experience in the area of LNG safety research and
analysis,starting in 1977.I-lis resume and publications list are also attached.Any
questions on the content ofthe analysis can be directed to the author at tile address listed
above.
Sincerely,
Ronald P.Koopman,Ph.D.,P.E.
Hazard Analysis Consulting
An Assessment of the Washington Gas proposal to build an
LNG storage facility at Chillum Road in West Hyattsville,MD.
By
Ronald P.Koopman,Ph.D.,P.E.
Hazard Analysis Consulting
4573 Almond Circle
Livermore,California 94550
925-443-5324
December 5,2005,revised January 14,2006
Liquefied natural gas (LNG)import,transport and storage facilities exist worldwide and
the industry has an excellent safety record.In these days of growing energy shortages in
the US,LNG provides a way to satisfy our increasing demand for clean burning natural
gas.That said,LNG is still a unique and very hazardous material.The recommendation
from the scientific corlllmmity studying LNG hazards and from the various government
agencies responsible for public safety has been to build LNG facilities in remote areas in
order to provide an exclusion zone between the facility and the public.This
recommendation has been made each time LNG safety issues have been revisited for the
last sixty years,ever since the Cleveland LNG disaster that killed 130 people in 1944.
The proposed Chillwn Road LNG facility is too close to people to satisfy this simple and
fundamental requirement.In this case the responsibility for making this decision does not
rest with the various Federal agencies that have sponsored LNG safety research and have
recommended a safety exclusion zone.It rests with the county Office of the ZOlling
Hearing Examiner.This is a heavy and technologically complex responsibility for a local
zoning authority to bear.This documeut will attempt to sllJllmarize what is Iii/own about
LNG safet"and make it available to the ZOllillg Hearillg Examiller.
LNG Hazards
LNG is liquefied natural gas.In order to liquefy natural gas it is cooled to a temperature
below -260°F and stored in insulated tanks.This results in a 600 fold reductioll in the
volume of the gas and makes storage and transportation more cost effective.LNG has the
same hazards as those of natural gas and in addition there are the effects oflow
temperature and the 600 fold concentration in volume.LNG is highly flammable and
explosive when vaporized,mixed with air to within its flammability limits,and confmed
in a room or building or some other structure.[(LNG is spilled,it rapidl"vaporizes to
cold IIatural gas,illcreasillg b"600 (old ill volume,and mixes with oil',coolillg tI,e oil',
amI forming a cold vapor cloud that is deuser thall oil'and can travel dowllwilld fiJI'
substalltial distallces,ulltil it ellcounters all ignitioll source 01'dissipates.Natural gas at
ambient temperature is lighter than air and it rises and dissipates more rapidly when
released.However,because LNG cools the oil'as it vaporizes alld mixes with oil',the
flammable vapor cloud remaillsdellserthall oil'as it moves dowllwilld.Tills behavior is
well documented both by large scale experiment and model calculations.If the LNG
vapor cloud enters a confining structure and is ignited,it will explode.III the Clevelalld
disaster,LNG flowed [rom a ruptured tallk alld elltered the sewer svstem where it
vaporized alld exploded.Vapor clouds also entered buildings and exploded,in addition to
fueling a huge fire in the vicinity of the spill.Tllis tyPe ofaccidellt is highlv ulllikelv
today because modem tallks are built with materials that do 1I0t fracture easilv at LNG
temperatures alld the lIewest tallks have strollg reillforced call crete outer walls to
with stolid earthquakes,attacks or accideuts amI to act as secoudary cOlltaillers i(ill-
tallk equipmellt fails or illller tallk failure occurs.They generally also have earthen
berms surrounding them with a volume large enough to contain the tank contents if
necessary.For these reasons,an accident or attack releasing the entire tank contents is
considered highly unlikely and most hazard analysis is focused on process equipment
failures.
Exclusion Zones
Without detailed information on the design of the LNG storage tank and the associated
process equipment it is difficult to determine the potential hazards.[t will be important to
get that information and a formal hazard analysis before approving this or any other
hazardous material facility.I(it is aSSllmed that this facility will be similar to other LNG
storage facilities cllrrelltly 1I/1llergoi;lg licellsillg review,rough estimates of hazard
exclusiou Wiles call be made.Using the Code of Federal Regulations (Title 49 CFRI93),
the National Fire Protection Association guidelines for LNG facilities (NFPA 59A)and
analyses performed for licensing of other LNG storage tanks as a guide,several failure
scenarios are identified.
For these scenarios,two types of exclusion zones are considered.Assuming the LNG is
ignited at the source,the thermal exclusion zone extends to a distance where the them1al
radiation from a fire falls below 1,600 Btulft2-hr,a threshold level where the fire is
hazardous to persons outdoors with bare skin after 30 seconds of exposure.The vapor
cloud exclusioll Wile is the maximum distallce all ulliguited LNG vapor cloud call
travel amI still be flammable.People alld property iu this ZOlle would be bumed ifthe
vapor cloud were iguited.Both ofthese exclusion zones are important.The vapor cloud
can kill those exposed if it is ignited and there are many ignition sources available in an
urban environment.A pool fire will burn those exposed to thermal radiation levels higher
than 1,600 BtulfF-hr.Sillce 110 specific desigu illformatiou is available for this proposed
facilitv,the followillg scellarios are based Oil the hazard allalvsis dOlle for the proposed
LOllg Beach LNG Import Project:
1.Rupture of the in-tank pump discharge header resulting in the flow of LNG at
7,500 gprn for 10 minutes (75,000 gal spilled)into the outer concrete tank which
acts as an impound area.If ignition occurs,a large fire will erupt from the top of
the containment structure ami the thermal exclusioll zOlle will extelld for about
800 ft.This assumes that the proposed outer tank is a state-of-the-art reinforced
concrete structure similar to that proposed for Long Beach (160,000 m 3 ,255 ft
diameter,176 ft tall).l{it is a simple carboll steel structure or a less capable
tallk o(whatever desigll,the risk aud cousequeuces could be higher alld the
thermal exclusioll Wile could be 10llger.
2.Process equipment rupture resulting in LNG release of9,600 gpm for 10 min
(96,000 gal spilled)into the process area sump.l{igllitioll occurs,a large fire
will ertlpt from the process area sump alld the thermal exclusioll ZOlle will
extelld for about 850 fl.l{igllitioll does Ilot OCCllr,the vapor cloud exclusioll
Wile could extelld do Wllwilld (or as IIl11ch as 1700 fl,Anything within this zone
would be burned if ignition occurred and buildings would bum or could explode
if the cloud entered them before reaching an ignition source.Details-of this
scenario depend on process equipment design and can be clarified when that
design information is available.
3.Tank damage from an attack with explosives or from an airplane crash would
result in larger releases but these events are extremely unlikely to occur.Ifthev
did,these releases could produce a thermal exclusioll wile 0(3000 fl.A
reinforced concrete outer tank would resist these events except for the extreme
worst case.A lesser tank would be more vulnerable.
4.Tank damage or failure of both the irmer and outer tank resulting in release of the
LNG in a short time into the bermed area could occur as a result o(a very large
earthquake,Tsullami,or ot/ler lIatural ph ell omelia or an attack with a truck load
of explosives,exceeding the design criteria of the tank.Tanks in areas prone to
earthquakes,Tsullami,or other natural phenomena are usually designed to
withstand all but the most severe and unlikely of these events.Attack scenarios
are considered extremely unlikely but the real probability is unknown.l(allV o(
these evellts were to happell,alld the vapor cloud was Ilot igllited at the source,
the exclusioll area could extelld (or 4 miles dowllwilld.A reinforced concrete
outer tank would resist these events except for the extreme worst cases.A lesser
tank would be more vulnerable.
Summary
The report written following the Cleveland disaster in 1944 recommended that no facility
that "may be explosive or inflan1mable or which may present any hazard which would
endanger life and property in its vicinity,should be built in a residential,semi-residential,
business or congested factory district."
More recently,in 1978,the General Accow1ting Office released a Report to Congress
recommending that "all new,large liquid energy gas (includes LNG)storage facilities be
built in remote areas."
III 2004,Salldia Natiollal Laboratorv revisited LNG hazards alld cOllcluded t/Illt the
most sigllificallt impacts to public sa(etv alld property from all accidelltal spill e.x:ist
with ill approximately 250 m (762 (t)ofthe spill ami (or all illtelltiollal release,with ill
abollf 500 m (/524 (t)oftlle spill.This study was focused on spills from ships onto water
and had to define exclusion zones for protection of people and property along the transit
route,but is also good guidance for public impact anywhere.
The best guidal/ce (or public safety is still that (rom the GAO Report to COl/gress.
Large scale hazardous material facilities,il/eludil/g LNG import al/d storage facilities,
should be built iI/remote areas.The population density and proximity of public facilities
and houses make the Washington Gas proposal to build an LNG storage facility at
Chillum Road in West Hyattsville,MD a bad idea.It is important to the safety of the
citizens of this area that the county Office of the Zoning Hearing Examiner recognize this
and have the courage to make this difficul t decision.
References
1.Coroner's Report on East Ohio Gas Company Disaster,Cuyahoga County,
Cleveland,Ohio,July 1945
2.Report of the Technical Consultants Board of Inquiry for the Mayor of Cleveland
on the East Ohio Gas Company Fire,Cleveland,Ohio,July 1945.
3.Report to Congress by the Comptroller General of the United States,US General
Accounting Office,Liquefied Energy Gases Safety,EMD-78-28,July 31,1978.
4.Guidance on Risk Analysis and Safety Implications ofa Large Liquefied Natl/ral
Gas (LNG)Spill Over Water,Sandia Report,SAND2004-6258,December 2004.
5.Code of Federal Regulations,Title 49,Volume 3,Chapter I,Part 193 Liquefied
Natural Gas Facilities:Federal Safety Standards,Subpart B Siting Requirements
6.American National Standards Institute (ANSI),National Fire Protection
Association guidelines for LNG facilities (NFPA 59A)
7.Draft Environmental Impact Statement/Environmental Impact Report,Long
Beach LNG Import Project,October 2005.
PRIVATE CONSULTING EXPERIENCE
I currently provide hazard analysis consulting on liquefied natural gas and other liquefied
gases.The analysis tasks involve document review,document preparation,scientific
assessment,atmospheric dispersion model calculations,combustion calculations,legal
testimony,and professional advice.
My private consulting clients and work include:
Sandia National Laboratory -Provided document review for Guidallce Oil Risk
Allalysis alld Safety Implicatiol/s of a Large Liquefied Natural Gas Spill Over Water,
November 2004.Provide information from and connection to DOE sponsored LNG
research program of the 1980's,including the spill test facility at the Nevada Test Site.
Provide guidance and advice on LNG fire testing.
BHP Billiton -Provide guidance on safety analysis and safety issues associated with
proposed Cabrillo Port deepwater LNG port.
Malcolm Pirnie -Provided review of LNG terminal safety analysis information.
City of Vallejo -Participated on team of independent consultants to review LNG
terminal proposed for Mare Island.Provided safety analysis expertise including modeling
of worst case LNG releases from tanker ships and terminal storage and off-loading
facilities.Made presentations to the Vallejo Safety Committee and the city council.
Contributed to report presenting work,Liquefied Natural Gas ill Vallejo:Health alld
Safety IsslIes,January 16,2003.
US Department of Justice -Provided expert witness testimony on the consequences of
a bomb or RPG attack on LPG storage tanks in the city of Elk Grove,CA.Contributed to
Special Report,COllsequellces ofall Adversarial Attack 011 a Large Propalle Storage
Facility,September,1999,for the FBI.
Law firms -Provided expert witness testimony on the nature and possible consequences
of an accidental release ofHF and isobutene from a refinery in Texas City,TX.Provided
expert opinion and documentation on the consequences of LPG releases from the storage
tanks in Elk Grove,CA.
EXPERIENCE AT LAWRENCE LIVERMORE NATIONAL LABORATORY
Retired in 2003.
Manager of Special Projects,Cheniical &Biological National Security Program,1999
-2003
Responsible for managing biosensor projects sponsored by 000,DOE,USDA,managing
the Bioforensic Demonstration and Application Program,and commercializing the
handheld biosensor,HANAA.
AVLIS Plant Project Nuclear and Safety Analysis Manager,AVLlS Project,1995 -
1999
Responsible for managing nuclear criticality safety,integrated safety analysis,and
radiation safety groups associated with design,NRC licensing and deployment of a
uranium enrichment plant using the Atomic Vapor Laser Isotope Separation (A VLIS)
teclmology.
Associate Energy Program Leader,Energy Program,1990-/995
Responsible for program development including the Zinc/Air Battery project,the Molten
Salt Mixed Waste Destruction project,the Energy Economic Modeling project,the
Environmental Technologies Program and organization ofa review of weapons
plutoniwn disposition issues and options.
Liquefied Gaseous Fuels Program Leader,LGF Program,1984-/990
Managed and conducted research on the atmospheric dispersion and combustion of large-
scale,denser-than-air,hazardous gas releases.Conducted large-scale field experimental
progran1s with liquefied natural gas (LNG),an1ffionia,nitrogen tetroxide,and hydrogen
fluoride.Managed a research group (J-Group)of more than 20 people and a research
program involving international collaboration with the chemical and petroleum industry,
in particular with Gas Research Institute,The Fertilizer Institute,AMOCO and Mobil,
and with Federal agencies including DOT,DoD,EPA.Responsible for the development
of state-of-the-art dense gas dispersion models including FEM3,a unique three
dimensional finite element model.Responsible for the conceptual design of the DOE
Spill Test Facility and for oversight of Bechtel on the final design and construction at
Nevada Test Site.Provided testimony to the US Congress and the California State
Assembly on transportation and use of hazardous materials.
Fluid Dynamics Group Leader,LGF Program,1978-1984
Conducted experiments involving large-scale releases of liquefied natural gas (LNG)and
other hazardous gases at China Lake,CA,and the Nevada Test Site.Responsible for
design and construction of a unique radio telemetry based data acquisition system and for
unique instrumentation for measurement of gas dispersion and combustion,including
field deployable multi band infrared gas sensors.Broadened the progran1 from liquefied
natural gas to include other hazardous chemicals such as aIlli110nia,nitrogen tetroxide,
and hydrogen fluoride.
Physicist,Physics Division and,Nuclear Test Department,1972-1978
Did experimental low energy nuclear physics research using protons and neutrons
coupled with nuclear reaction model calculations to investigate the systematic de-
excitation of even-even nuclei by gamma ray cascade.Did criticality safety analysis
using Monte Carlo neutron and gan1ffia-ray transport codes.
Shift SupervisorlReactor Physicist,Livermore Pool-Type Reactor,1968-1972
Responsible for shift operations and safety at the LLNL research reactor.
Engineer,Space Power Program,1967-1968
Helped design exotic nuclear reactors for use in space.
EDUCATION
•Ph.D.,Applied Science,University of California,Davis,1977
•M.S.,Nuclear Engineering,University of Michigan,1967
•B.S.,Mechanical Engineering,University of MichigaI1,1965
MEMBERSHIPS
•American Physical Society
•American Nuclear Society
•American Chemical Society
•Registered Professional Engineer,State of California
•Past Chairman,Joint Anny-Navy-NASA-Air Force (JANNAF)Panel on
Atmospheric Hazards and Modeling
•Past member,Editorial Board,Institution of Chemical Engineers journal,Process
Safety and Environmental Protection
•Past member,FBI Scientific Working Group on Microbial Forensics
EXPERT WITNESS TESTIMONY
•Mary L.Greene et al.v.Marathon Petroleum Co.et al.,November 5,1990;
regarding hydrofluoric acid accident at Marathon Texas City refinery on October
30,1987.
•United States of America v.Kevin Patterson,et aI.,May 14,2002;regarding
conspiracy to blow up the Suburban Propane storage tanks,Elk Grove,California.
PUBLICATIONS
Over 60 publications,invited talks,and papers.List available upon request.
Butane leak at Rancho LPG storage facility in San Pedro may be source 0...http://www.dailybreeze.com/news/ci_21815138/butane-leak-at-rancho-Ip ...
Wc:;l.Iher TORRANCE.CA I Nm,,-11"F I Hi.ch:7U'F I Low:(,!"FI S-D.1l"Fo,cas.UVI!Tr.r.me 1i0N 1105 40SN 4055 !HE 91W
QTItlsSh
---I SearCh)
Wl:b Surd'!po,",,,...d by YAHOOl SEARCH
SuIJluibtrSrrviClslllumt Udivrryll'"EdiliuDI
Login I Nnnlcltu I AlrTlll KSS
Home Nows Sports Business OpinIons Entertainment Life &Culture Info Pl~ce Ad Shopping Classlfieds Jobs Autos Homes Obits Directories
em!.:-:Emili ~Font Reslzl!
There were no reports of anyone needing medical attention due to the odors,he said.
Several community groups recenUy have renewed a push for
Odors were reported 10 the South Coast Air Quality Management District on Thursday afternoon.
January 2012
5 M T W T F 5
1234567
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
One peJ!iOIl r~ends
this.Sign Up to see whitt
•__L..;-...."
donna.littlejohn@dailybreeze com
FoUow Donna Littlejohn on Twitter al
hltp:/ItwiUer.comldonnalitUejohn
Earlier this week,the Rancho Palos Verdes City
Council unanimously voted to step up its
partJcipation in monitoring the plant,which falls
under the jurisdiction of several agencies.
the facility to move,saying that it is located 100
close to homes and schools.
YESE%o
"-'thwl~~Il,;ILlI.'<l1 PlliI".-,'ltf,,(\
Protection Act
Advertisement
Established in 1973 by Petrolane and later operated by Amerigas,the facility now is owned by Plains LPG,
which has a long-term lease on the land.
Before Ihe AQMD can Issue a violation,Atwood said inspectors must verify that odors reported at some
half-dozen of the spats can be traced ba~10 the facility.
Investigators were carrying out Ihat task on Friday,he said,and il was still unclear whether a violation would
be issued.
Complaints came from Hall over,"Atwood said,Including Harbor City,Lomita,San Pedro and Rancho Palos
Verdes.
~we have received at least 37 complaInts es of lale yesterday,"AQMD spokesman Sam Atwood saId Friday.
"It induded four different schools so we sent inspectors out and were able to vertfy odors in several of the
locations."
While the planl has a dean record and undergoes frequent safety inspections,it has been the focus of
concern for years.
The Rancho LPG facility at 2110 N.Gaffey Sl stores 25.3 million gallons of bulane and propane in two large,
double-walled storage tanks.
Air quality officials on Friday were Investigating what appears to have been a butane leak from the Rancho
LPG storage facility in San Pedro.
By Donna Ut.Iejolw1,Staff Wrt.er
Pasted:10/19/201209:38:07 PM PDT
Updatfll:10/19/201209:39:00 PI<t POT
Butane leak at Rancho LPG storage facility in San Pedro
may be source of odor
1.Charred body
found In
Inglewood
homn may be
guom'ln who
shot family
2.UPDATED:
Inglowood
gunman
shOalS 5 family
members,
killing 2,sels
homo on fin:
3.VINCENT
BONSIGNORE
on USC:
Trojans afr out
their Issues on
offlln80 for all
10 SOD
4.SlIn Pedro
High School's
plrntc!moscot
gols a
mtlkCOYOf
5.DATABASE:
lAPO's Most
Wllntod
6.As olocllon
phlYs out,
small business
hopes for help
7.Windows 8
baffles
consumors __
and that's if
they're nolln
shock
8.QIf·leilsh dog
pilrk in Rancho
Pillos Verdes
to open soon
9.Hilwthomc
Mayor Daniel
Juarez
charged WIUl
illegally taking
$2,000 from
Gold's Gym
owner
10.Things To Do
ThIs Wllekend
More News
A strong economy
for the next generation.
FIND OUT MORE
I'~·.,:,'tI:"'.IIl
•!!e.l.lun.1Il...lSlJl
Even!ReollilrBllon Ot>6llol pcNIered by
PDF compression,OCR,web opUmlzatlon using a watennaJ1ced evaluation copy of CVlSION PDF Compressor
lof2 10/21120124:36 PM
r
CONTRA COSTA COUNTY CODE
Chapter 450-8 -RISK MANAGEMENT
Sections:
~5()-8.002 -l3aek~roul1ll and lindin ..s.
~50-8.()()~·-Purp'lsc and ~ouls.
~50-8.006 -Authorit\·.
~50-8.0()8 -Administration.
~5ll-8.0 I0 -Applieabilit\·.
~5U-8.0 12 -Inspection.
~50-8.0 I ~-Ddinitions.
~50-8.0 16 -Stationary source sakt \requirements.
~50-8.020 -Trade sc·ncl.
~50-8.02'-I-Iazardllus materials omhudspnson.
~50-8.0'~-Public inl,)nnation bank.
~50-8.026 -Fees.
~50-8.0'8 -"enahies.
~5()-8.030 -Annual nerl(lnllanCC re\'iL"and C\aluation.
~5()-8.032 -Conslruction.
450-8.002 -Background and findings.
The board of supervisors of Contra Cosla County linds as follows:
(a)Recent incidents in Contra Costa County at induslrial chemical.pctrochemical.and oil
industry facilities have prom pled the considemtion of reviews.inspections,and aodits
lhat supplement cxisling federal and stale safety programs and lhe imposilion of
additional safety measures to protect public health and safety from accidental releases.
(b)Section 112(r)(7)orthe Clean Air Act (42 U.S.c.A.Seclion 7412(4))required lhe
Federal Environmental Protection Agency ("EPA")to promulgate the rule known as the
"Risk Management Program,"which is intended to prevent accidental releases of
RECEIVED FROM .JlLUJ""-~",",:"""'--\
AND MADE A PART OFTI-jl\~~CORD ATTHE
---ICOUNClbMEETING OF.-U2.3 £4 .;201
OFFICE OF THE CITY CLERK
CARLA MORREALE,CITY CLERK
regulated substances.as defined in the federal program,and reduce the severity of those
releases that do occur.All facilities subjeci to this fcdcral rcgulation must prepare a risk
management plan (RMP)based on a risk management program established allhe facility.
that includes a hazard assessment of the facility,an accidental release prevention
program.and an emergcncy response program (~O CfR Seerion 68).The facility must
submit the federal RMP to the EPA by Junc 21,1999 (40 CFR Scction 68·J 50-68.185).
'1l1e federal RMP will be available to state and local government and the public.
(c)The California Health and Safely Code Article 2 (Section 25531 et seq.)ofChapler
6.95 was amended effective January I.1997 to implement the federal EPA's risk
management program rule with certain state-specific amendments.The state's risk
management program is known as the California Accidental Release Prevention
(Cali\RP)Program.
(d)The COIlIllI'recognizes that regula/orr requirements a/olle will 1101 gUllI'tII/lee public:
IIe"ltll {//,,/.",felr."JIll 11"'1 lire pllblic is "I,er slake/lOlder ill dlemical nccidelll
"rel-clltion,preparedness.alit!reSpOWil!nlillt!foctl/lel'c/.Prel't!lItillg accidental
release.fi o(regulated .'tllbstonces is tIJe shared resnollsibilitr O(illrlusllT,g{)1'erllllleul
and the public.TIIe first steps loward accident [Jl't!I'elltioll art!irJelllifriug the Iw::ards
aud assessing the risks.Once il1fol"matioll about c:ltel11ical hazards ill flIe com1111111itr is
opeul\'shared,;udustn'.gOl'e/,JllIIellt.and the commlllJitl'('flll lIJo,./i together towards
reducing the ris/i to public hell//h anti safe/r,
(e)The success l/ra safetl'nfl/grall'is t!l!nl!lltlellt mImi/lie cooperlltion o{indllstrial
chemical alltl (Ii/refining facilities Idtllill COlltl'a Costa COll1ltr.The public must be
Llssured that measures necessary to prevent incidents arc being implementeu,including
changes or actions required by the deparUllent or the stationary source that are necessary
to comply with this chapter.
(Ord.98-48 §2).
450-8.004 -Purpose and goals.
(a)The purpose of this chapter is to impose regulations which improve industrial safety
by:
(I)Requiring the conduct of process hazard analyses for covered processes handling
hazardous materials not covered by the federal or state accidental release prevention
programs;
(2)Requiring the review of action items resulting from process hazard analyses and
requiring completion of those action items selected by the stationary snuree for
implementation within a reasonable time frame~
(3)Requiring the review ofaccidenlal release prevention efforts of stationary sources and
providing for the conduct of investigations and analyses for the determination of the root
cause for certain incidents;
l
(4)Providing review,inspection,auditing and safety requirements that are more stringent
than those required in existing law and reb'Ulations;
(5)Providing for public input into the safety plan and safety program and public review
of any inspection and audit results;
(6)Facilitating cooperation between industry,the county,and the public in the prevention
and reduction of incidents at stationary sources;
(7)Expanding the application of certain provisions of the federal and state accidental
release prevention programs to processes not covered by the federal or state acCidental
release prevention programs;
(8)Verifying that an approved security and vulnerability study is pcrformed.and that the
recommendations are addressed within a reasonable time frame;
(9)Requiring the development and implementation of a ''Tilten human factors program:
and
(10)Preventing and reducing the number,frequency,and severity of accidental releases
in the county.
(Ords.2006-22 §2,98-48 §2).
450-8.006 -Authority.
The ordinance codified ill t"i~-c!lapter is adopted bl'the COUll II'pursuant 10 its police
power for the purposes o(protecting public health (llld !ia(efv hi'prt!I't!lItioll of
accitlenlal releases o(lw';.(Il'flollS materials anti to aSSlIre protection ofthe elll'irollmelll.
(Ord.98-48 §2).
450-8.008 -Administration.
11,e department is charged with the responsibility of administering and enforcing this
chapter.
(Ord.98-48 §2).
450-8.010 -Applicability.
(a)This chapter shall apply to stationary sources except that:
(b)The following arc exempt from the provisions of this chapter except Sections -150-
8.0 16(e)and (c),and 450-8.018(1)and (g):
(I)Storage tanks containing a nonrcgulated substance,except for storage tanks that
contain a material that has a flashpoint above one hundred forty-one degrees Fahrenheit
and below two hundred degrees Fahrenheit in accordance with the definition of
combustible liquid in 49 eFR I 73.120(b);
(2)Drum storage of:(A)a nonregulated substance;(B)less than ten thousand pounds of
a hazard category B material located such that the drums could reasonably be expected to
be involved in a single release;and (C)a hazard category A material.located such that
the drums could reasonably be expected to be involved in a single release,at less than the
quantit)'specificd as the threshold planning quantity on the extremely hazardous
substances lisl (Appendix A to ~o CFR Chapter I,Subchapter J,Part 355,as amended
Irom time to time)or five hundred pounds.whichever is less:
(3)Activities in process plant laboratories or laboratories that are under the supervision
ofa technically qualilied individual as delined in Section 720.3(ee)of ~(J CFR.This
exemption does not apply to specialty chemieul production;munufucturc.processing or
use of substances in pilot plant scale operations;and activities conducted outside the
laboratory;
(4)Utilities.except for fuel gas and natural gas systems to the baltery limits of a process
unit: and
(5)Any waste tanks.containers or other devices subject to the federal und stute hazardous
waste laws.including the Resouree Conservation and Recovery Act (RCRA)...:ill CFR
Chapter I.Subchapter 1.commencing with Part 260.the California Hazardous Waste
Control Law,California Health and Safety Code.commencing with Section 25100 and
the California Code of Regulations,Title 22 Division 4.5 Environmental Health
Standards for the Management of Hazardous Waste.
(Ords.2006-22 §3.98-48 §2).
450-8.012 -Inspection.
The deparunent shull be ullowed reasonable access to any part of the stationary source
subject to the requirements of this chapter.Sections ~50-8.()16 and ~5()-8.()18 and to
supporting documentation retained by the source for the purpose of determining
eompliancc with this chaptcr.
(Ord.98-48 §2).
450-8.014 -Definitions.
For purposes or this chapter.the definitions set forth in this section shall apply.Words
used in this chapter not defined in this section shall have tlle meanings ascribed to them
in the Clean Air Act Regulations (40 CFR Section 68.3)and in Cali/orniu Hcalth and
Safety Code Articlc 2 (Section 25531 et seq.)ol'Chapter 6.95,unlcss the context
indicates otllerwise.
(a)"Covered process"means any process a1 a stationary source.
(b)"Department"1I1l!I/11S the COlltra COS/(I CO/IIlII'Iwnll"st!1'1'ices ,/ireclnr (Juri allr
director alltllOr;::!!"deputies.
(c)"Feasible"means capable of being accomplished in a successful manner within a
reasonable period of time,laking into account economic.environmental.legal,social.and
tcchnological factors.
(d)"Huzard category A materials"are substances which meet the hazard category A
material definition as set forth in Section S~-63.1 (J I h of this code.
(e)"Hazard category B materials"are substances which meet the hazard calegory B
material definition as set forth in Scction S~-6J.1 ()16 of this code.
(I)"Industry codes,standards.and guidelines"means the edition of the codes.standards.
and guidelines in effect at the lime of original design or construction lor the design,
construction,altefilion.maintenance or repair of process units,industrial equipment,or
other industrial facilities,structures or buildings published by.but not limited to.thc
Amcrican Petroleum Institute (API),the American Chemistry Council (ACC),the
American Society of Mechanical Engineers (i\SME)or the American National Standards
Institute (ANSI),and meets recognized and generally accepted good engineering
praetices (RAGAGEP).
(g)"Inherently safer systems"means "inherently safer design strategies"as discussed in
lhe latesl edition of the Center for Chemical Process Safely Publication "Inherently Safer
Chemical Processes."and means feasiblc alteroative equipment.processcs.materials.lay-
outs.and proccdurcs meant to eliminate.minimizc,or reduce the risk of a major chcmical
accident or release by modifying a process rather than adding external layers of
protection.Examples include.but arc not limited to,substitution of materials with lower
vapor pressure.lower nammability,or lower toxicity;isolation of hazardous processes;
and use of processes which operate at lower temperatures and/or pressures.
(h)"Major cJlf!micnlllCcidC1l1 or re/ease"means till i"cidellt 111m meets tlte definition
ofn level 3 or fepc!2 incident ill the comllluni!!'Ii'l/rllillg ~TsteJ1l jneil/ell!level
c1nssificatioll Slls/em defined ill the hazardolls lIlaterials illcirlellllloti(ical;0I1 nolieI'.as
determine,1 bl'the department:or results 111 tlte releast!of n regl/lated subs/alice alld
meets olle or mort!ofthe following criteria:
(I)Results in one or more fatalities:
(2)Results in greater than twenty-four hours of hospital treatment of three or more
persons;
(3)Callses 011-lIud/or off-site propert,.flumag£!(incllldillg clean-up (Jnt!restoration
actil'ities) illitialll'estimated at fille 11l1ll/lred thousllnd dollars or mort!.Oil-site
estimates shall be performed bl'Ihe statiollorl'source.Off-sile e.~limates shall he
performed b,'appropriate agencies anti compiled b\'the deparlment:
(4)Remits ill 0 mpor c10lld offlommobles amI/or combustibles thot is more 1/1011 (i,'e
thousand pOllluls.
(i)"Regulated substance"means (I)any chemical substance which sUlislies the
provisions of California Health and Safety Code Section 255J2(g),as amended from time
to time,or (2)a substancc wbicb satisfies thc provisions of hazard categories A or B in
Section S"-63.11l1 (,of this code.Mixtures containing lcss than one percent of a regulated
substance sball not bc considered in the deternlination of U,e presence of a regulated
material.
CD "Risk management program"means the documentation,developmcnl.
implementation.awl integration O(I11111I11gemeI11 .\Tslems by the facility to comply with
the regulations set rorth in ..0 CFR,Parl 68 and the California Health and Safety Code,
Arlicle 2,commencing WiU,Section 25531.
(k)"RMP"means the risk management plan requircd to be submitted pursmmt to tbc
requirements of the-=ill CFR Section 68.150-68.185 and the California Health and Safety
Code Article 2 (Section 25531 et seq.)of Chnpter 6.95.
(I)"Root cause"means prime reusons.such as failures of some management systems,that
allow faulty design,inadequate training,or improper changes,which lead to an unsafe act
or condition,and result in an incidenl.lfroot causes were removed,tbe particular
incident would not bave occurred.
(m)"Safet)'plan"means the safet)'plan requircd to be submittcd to the department
pursuant to the requirements of Section "50-S.0 I (,oftbis ebapter.
(n)"Safety program"means tbe documentation.development.implementation.and
integration ofmn.nagemcllt systems ,by the stutinnary source to comply with the safety
requirements set fOrlb in Section "50-S.0 16 of tbis chapter.
(0)"Stational,.sOlln'e ll or t'~'ollrce"llleans (J (aei/itl'which im:/zules at lellst OlIt!
process as defined ill 40 CFR 68.10 thaI is subject to federal risli IllGlUlgeJ11t!lIt program
f,':I1e1 3 requiremellts lIllti whose primofJ'Nor/It Americatl !lull/str\'Classificatiotl
Srstcm code OVAICS)is 324 (Petl'll[eum alll[Coal Products lHauufacluriuR)or 325
(Chemica[Mauufacturiug).
(p)"California accidental release prevcntion program"means the documentation.
development implementation,and integration of management systems by a facility to
comply with the regulations set forth in California Codc of Regulations.Title 19.
Division 2,Chapter 4.5.
(q)"Catastrophic relcase"meaus a major IlJlcol1trol1ed emission.firl!.or t!.\"lJlosiotl.
itll'olJoitlg olle 01'more higll/r IIm:ardous chemicals.that m'esents serious danger to
l!11Iplol'ees in tire workn!ace und/or tlte public.As used in this section,"highly hazardous
chemical"has the meaning ascribed to it in29 CFR 1910.119(b)as of May 21.2003.
(r)"I·luman factors"means a discipline concerncd with designing machines.operations.
and work environments so that they match human capabilities.limitations.and needs.
"Human factors"can be fUrlher referred to as environmental,organizational.and job
factors,and human and individual characteristics that inOuence behavior at work in a \vay
that can affect health and safety.
(s)"Humull .'il'slems"meaJJS Ille srslems.sucll as writtell and IlIl1l'riften policies.
nrocedures.flIl(J pracliees.ill effect to minimize tile existellce/persistence oflalt!ll!
condiliolls althe .51111i01lfllT source.It also includes the broad area of safety culture of n
stationary source to the extent that it influences thc actions of individuals or groups of
individuals.
(Ords.2006-22 §4,98-48 §2).
450-8.016 -Stationary source safety requiremeuts.
The stationary sourcc shall submit a safety plan to the dcpartment within onc year of the
effective date ofthc ordinancc codified in this chapter or within three years of the date a
facility becomes a stationary source.that complies with the provisions of this scction and
that includes the safety elements listed in subsection (a)of this seclioo.In addition,the
stationary source shall comply with thc safcty rcquirements set forth in subsections (a)
through (e)of this section and shall include a description of the manner of compliance
with these subsections in the safety plan.A new covered process at an existing stationary
source shall comply with subsections (a)through (e)of this section prior to initial startup.
(a)Safell'Pl'ogl'flll/E/ell/elll.\·.All covered pracesses shall be subjeclla Iile sfl(ell'
program elements listed beloll'.The safety plan shall include a description of the manner
in which these safcty program elements listcd below shall be applied to thc covered
process.These safety program elements shall be implemented in conformance with the
California accidental release prevention program and the safety plan shull follow
Chapters 5,7.j:and2 of the Contra Costa County health services department CalARP
program guidance document.
(I)Process Sufell'Ill(orll/Illioll.
(A)The slaliollar..!WlJrce shall complett!tl cOl1lpilation of H'l'itten process safetl'
information before emu/llctillg (lI1l'{Jrocess hazard lIIJalpsis as required hI'this c!I(lP(f!I'.
The compilation of written process safety infonllation is to enable the stationary source
and the cmployees involved in operating the covered process to identify and understand
the bazards posed by the covered process.This process safety information shall include
information penaining to the hazards of the regulated substances used or produced by the
process.infonnntion pertaining to the technology of the process,information pertaining
to the equipmcnt in the process,and information pertaining to the hazards of the
regulated substances in the process.
(i)This information shall consist ofatlcast the tollowing:toxicity information;
permissible exposure limits;physical datn:reactivity data;cort'Osiviry data:thermal and
chemical stability data:and bazardous etTects of inadvertent mixing of dit1erent materials
that could forcseeably occur.
-I
(ii)Material safety data sheets meeting the requirements of Section 5189,Title 8 of
California Code of Regulations may be used to comply with this requirement to the
cxtcnt they contain the infonnation required by this subscction.
(iii)In(ormalion perlainillg 10 Ihe /ecllllologv oUhe proces.'shall include alleasllhe
fol/owing:a bloc/(flow diagram or simplified process nOH'diagram:process cltc11l;sfn 1;
maximum intended illvelllor!':safe upper alld Jower/imits for sllch items as
temperatures.pressures,(lows or compositions;and,all evaluation offhe
cOllseqllellces o(del1;atimu-.JJlltere the original technical information Ill)[oliger exhits.
snch ;,,(ol'lIIal;OIl lIlal'be developed ill ('oujllllctimi ",it"'he process /ull.lIl'd "nalJ 1sis ;11
.\"IImcienl de/ail/a suppor/lhe allah'sis.
(iv)Information pel1aining to the equipment in the process shall include:materials of
construction;piping and instrument diagrams (P&lD's);electrical classification;relief
system design and design basis;ventilation system design;design codes and standards
employed;material and energy balances for processes built after the compliance datc of
thc ordinance codified in this chapter;and safety systems (e.g.,intcrlocks,detection or
suppression systems).
(B)The sta/iollor\'source sllal/{Joel/men!that equipmeTlt complies with recognized alld
generallv accepted good engineering practices.
(C)For existing equipment designed and constructed in accordance with codes,
standards,or practices that are no longer in general use,the stmionary source shall
determine and document that the equipment is designed,maintained,inspected,tested.
and operating in a safe manner.
(2)Opera/illg Procedllres.
(A)T1Ie s/atiollanl SOl/rce s1lal1 develop ami illlplelllelll,vritlell operalilll!orocedllres
/1Ia/pI'ol'ide clear ills/mcliollS (or safelr cOlldllc/illg activilies illrolred ill each covered
process consistent wit"the process safetl'information and shall address at least the
fol/owing eleUlents:
(i)Steps for each operaling phase:initial startup;nonnal operations;temporary
opcrations;emergency shutdown,including tlle conditions under which emergcncy
shutdown is required,and the assignment of shutdown responsibility to qualified
operators to ensure that emergency shutdown is executed in a safe and timely manner;
emergency operations;nonnal shutdown;and,startup following a turnaround,or after an
emergency shutdown.
(ii)Operating limits:consequences of deviation;and stcps required to con'ect or avoid
deviation.
(B)Safety and Health Considcrations.Properties of,and hazards presented by,the
chcmicals used in the process;precautions necessary to prevent exposure,including
engineering controls,administrative controls,and personal protcctive equipment;control
measures to be taken if physical contact or airbolllc exposuTC occurs;qualill'cOIl/rol (or
raw maleriabi alld coulro!orhazardoIl.fj chemica!iuvcllforr lel'e!s:alld.all)'special or
unique fUlzards.
(C)Safety systems and their functions.
(D)Operating procedures shall be readily accessible to employces who work in or
maintain a process.
(E)The operating procedures shall be revicwed as ollen as necessary to assure that they
reflect CUlTent operating practice,including changes that result from changes in process
chemicals,technology,and equipment,and changes to stationary sources.The stationary
source shall certify annually that these operating procedures are current and accurate.
(F)The sta/ionar}'source slzall develop and implement safe lVorfi practices to {Jrovide
(or the control o[hazards dlldll!!operations snch as loc/wllt/tagont;confined space
entry;opening process equipment or piping;and control over entrance into a stationary
source by maintenance,contractor,laboratory,or othcr support personnel.These safe
work practices shall apply to employecs and contractor cmployccs.
(3)Emvlo!,ee Participation.
(A)1'l1t!slatiollarl'sOllrce sit all tlellelop (J written plan ofnetioll regarding the
implemenlation oftlze emplol'ee participation required hI'this c!tapter.
(B)The stationary source shall consult with employees and their representatives on the
conduct and development of process hazards analyses and on the development of the
other elements of the safety program in this chapter.
(C)The stationary sourcc shall provide to employees and their representatives access to
process hazard analyses and to all other information required to be developed under this
chapter.
(4)Trainiug.For each eJl'Plovee ill suc"covered process:
(A)Initial Training.Each employcc prcsently involvcd in operating a covered process,
and each employee before being involved in operating a ncwly assigned covered process,
shall be trained in an overview of the proccss and in the operating procedures as specified
in subsection (a)(2)(A)of olis scction.The training shall include emphasis on Ole specific
safety and health hazards,emergency operations including shutdown,and safe work
practices applicable to Ole employce's job tasks.In lieu of initial training for those
employces already involved in operating a process,an owner or opcrator may certify in
writing that the employee has the required knowledge,skills,and abilities to safely carry
out the duties and responsibilities as specified in the operating procedures.
(B)Refresher Training.Refresher training sltall be provided at least even'three vem's~
and more often if necessary,to each employee involved in operating a covered process to
assure that the employee understands and adheres to the CUlTent operating procedures of
the covered process.The stationary source,in consultation with the employees involved
in operating the process,shall determine the appropriate frequency of refreshcr training.
(C)Training Documentation.The stationary source shall ascertain that each employee
involved in operating a process has received and underslOod the training required by this
section.The stationary source shall prepare a record which contains the identity of the
employee,the date of training,and the means used to verify that the employee understood
the training.
(5)lI1ecllal/icalll/tegritv.11/c1111lil/g ti,e Use ofll/dl/strr Codes.Stal/dards.ami
GI/idelines.
(A)Application.SI/bsectiol/s (al(5)(8)tltrough (1I1(5IWI o[tltis sectiol/lIpplr to tlte
following process equipment:pressure Ile!J"sels and storage tauks;piping subsystems
(including piping components such as valves):relief and vent systems and devices;
emergency shutdown systems;controls (including monitoring devices and sensors,
alarms,and interlocks)and pumps.
(B)Written Procedures.The stationary source shall establish and implement written
procedures to maintain the on-going integrity of process equipment.
(C)Training for Process Maintenance Activities.The stationary source shall train each
employee involved in maintaining tile on-going integrity of process equipment in an
overview ofthat process and its hazards and in the procedures applicable to the
employee's job tasks to assure that the employee can perform the job tasks in a safe
manner.
(D)Inspectiou al/d Testim!.
(1)II/spectiol/s al/d tests sltall be performed 01/process equipment.Inspection and
testing procedures shall follow recognized and generally accepted good engineering
practices.The frequency of inspections and tests of process equipment shall be consistent
with applicable manufacturers'recommendations and good engineering practices,and
more frequently if determined 10 be necessary by prior operating experience.The
stationary source shall document each inspection and test that has been performed on
process equipment.TIle documentation shall identify the date of the inspection or test,tile
name of tile person who performed the inspection or test,the serial number or other
identifier of the equipment nn which the inspection or test was performed,a description
of the inspection or test pcrfomled,and the results of tile inspection or test.
(E)Equipment Deficiencies.The stationary source shall correct deficiencies in equipment
that are outside acceptable limits (defined by tile process safety information in subsection
(a)(I)of this section)before further usc or in a safe and timely manner when necessary
means are taken to assure safe operation.
(F)Quality Assurance.In the construction of new plants and equipmeot.the stationary
source shall assure that equipment as it is fabricated is suitable for the process application
for which they will be used.Appropriate checks and inspections shall be performed to
assnrc that equipment is installed properly and consistent with design specifications and
the manufacturer's instructions.The stationary source shall assure that maintenance
materials,spare parts and equipment are suitable for the process application for which
they will be used.
(6)Mallaqe1l1elll of C!Jll/lqe.
(A)Tire statiol1oJ'jJ source shall establish alld implement written procedures to manage
changes (except (01'r'replaCemell(S ill /Lilld")(0 process chel11ical~.techn%gl'o
equipment,alld procedures:Gild changes to statiollal'\'sources that affect a COl'el'ed
process.
(B)The procedures shall assure that the following considerations are addressed plior to
any change:the technical basis for the proposed change;impact of change on safety and
health;modifications to operating procedures;necessary time period for the cbange;and
authorization requirements for the proposed change.
(e)Employees involved in operating a process and maintcnance and contract employees
whose job tasks will be affected by a change in the process shall be informed of,and
trained in,the change prior to startup of the process or affected part of the process.
(D)If a change covered by this section resulls in a change in the process safety
information required by subsection (a)(I)of this section,such infOimation shall be
updated accordingly.
(E)If a change covered by this section resulls in a change in the operating procedures or
practices required by subsection (a)(2)of this section,such procedures or practices shall
be updated accordingly.
(7)Pre-Startup Reviews.
(A)The stationary source shall perform a pre-startup safety review for new stationary
sources and for modified stationary sources when the modification is significant enough
to require a change in the process safety information.
(B)The pre-startup safety review shall confirm thal prior to the introduction of regulated
substances to a covered process:construction and equipment is in accordance with design
specifications;safety,operating,maintenance,and emergency procedures arc in place
and are adequate;for new covered processes,a process hazard analysis has been
performed and recommendations have been resolved or implemented before startup;and
modified covered processes meet the requirements contained in management of change,
subsection (a)(6)orthis section;and training of each employee involved in operating a
process has been completed.
(8)Compliallce Audils.
(A)Tlte .>Ialiol/an'.>ource .>ltoll cerlifv Iltollllel'Itave el'Oll/aled complial/ce ,pillt Il,e
provisiol1s oft/,;s sectioll at least eve!"\,tit,.!!/!veal'S 10 l'er;'"thaf lite pI'fleet/lIre.\'alui
practices delle/oped under this chapter are adequate alIt!are heing !IJIJOIvell.
(B)The compliance audit shall be conducted by at least one person knowledgeable in the
process.
(C)A report of the findings of the audit shall be developed.
(D)The stationary souree shall promptly determine and document an appropriate
response to each of the findings of the compliance audit,and document that deficiencies
have been corrected.
(E)The stationary souree shall retain the two most reccnt compliancc audit reports.
(9)Incident Investigation.
(A)The sllltionary source shall investigate each incident which resulted in,or could
reasonably have resulted in a call1Slrophic relcase of a regulated substance.
(B)An incident invcstigation shall be initiated as promptly as possible,but not later than
forty-eight hours following the incident.
(C)An incident investigation team shall bc cstablished and consist of at least one person
knowledgeable in the covered process involved,including a contract cmployee if the
incident involved work of the contractor,and other persons with appropriatc Imowledgc
and experience to thoroughly investigate and analyze the incident.
(D)A report shall be prepared at the conclusion of the investigation which includes at a
minimum:datc of incident;datc invcstigation began;a description of the incident;the
factors that contributed to the incident;and recommcndations resulting from tllC
investigation.The written summary shall indicate whether the eause of the incident
and/or recommendations resulting from the investigation are specific only to the process
or equipment involved in the incident,or are applicable to other processes or equipment
at the stationary source.The incident investigation report shall be madc available to thc
dcpartmcnt upon requcst.
(E)Thc stationary sourcc shall establish a system to promptly address and resolve the
incidcnt report findings and recommendations.Resollllions and corrective actions shall
be documented.
(F)The report shall be reviewed witll all affected personnel whose job tasks are relevant
to thc incidcnt findings including contract cmployees where applicable.
(G)Incident investigation reports shall be retained for five years.
(10)Hot Work.
(A)The stationary source shall issue a hot work permit for hot work operations
conducted on or near a covered process.
(B)The pernut shall document that the fire prevention and protection requirements in
Section 5189 of Title 8 of California Code Regulations have been implemented prior to
beginning the hot work operations;it shall indicate tile date(s)autllOrized for hot work:
and identiry tile object on which hot work is to be performcd.TIIC permit shall bc kcpt on
file until completion of tllC hot work operations.
(I I)COli tractors.
(A)Application.This section applies to cOlltraclOJ's performing maintenance or repair,
fur/UJrollllll.major 1'l!IlOIlUtiOIl,01'specialtv wm·/i Oil or adjacellt to a cOl'l!rl!d process.It
does not apply to contractors providing incidental services which do not influence
process safety,such as janitorial work,food and drink services,laundry,delivery or other
supply services.
(8)Statio1lal'!'Source Respo1lsibilities.
(i)17w statimwl"v source,when selectilll!a contractor,shall obtain nlld evaluate
information regarding the cOlltract owner or operator's saretll performance alltl
programs.
(ii)The stationary source shall inform contract owner or operator of the known potential
fire,explosion,or toxic release hazards related to the contractor's work and thc proccss.
(iii)Thc stationary source shall explain to the contract owner or operator the applicable
provisions ofthe emergency response program subsection (a)(12)of this section.
(iv)The stationary source shall develop and implement safe work practices consistent
willI subsection (a)(2)of Illis section to control the entrance,presence,and exit of Ille
contract owner or operator and contract cmployces in covcrcd proccss areas.
(v)The stationary source shall periodically evaluate the perfOlmance of the contract
owner or operator in fulfilling their obligations as specified in subsection (a)(II )(C)of
this section.
(C)C01ltract 01V1Iel'01'Operator'Respo1lsibilities.
(i)The cOlltract OJill1e1'or operator shall assure that each contract emp/ore/!is trained
ill the wor/,practices 11eces.'mr}'to Slife!).'perform ltis/lter job.
(ii)The contract owner or operator shall assure that each contract employee is instructed
in the known potential fire,explosion,or toxic release hazards related to hisfher job and
the process,and the applicable provisions of the emergency action plan.
(iii)The contract owner or operator shall document that each contract employee has
received and understood the training required by tltis section.The contract owner or
operator shall preparc a record which contains the identity of the contract employcc,the
date of training,and the means used to verify that the employee understood the training.
(iv)The contract owncr or operator shall assure that each contract employec follows the
safety rules of the stationary source including the safe work practices required by
subsection (a)(2)of this section.
(v)The contract OWller or operator shall advise the stationary source of any unique
hazards presented by the contract owner or operator's work,or of any hazards found by
the contract ovmer or opcrator's work.
(12)Emcl'gcl/C!'Respol/se Program.
(A)The statiol/orF source shall de,'elap 011I1 implemel/t 01/emel'gel/cl'respol/se
program (or the pW'pose ofpl'otectim!public health aud the em'irol/mel/t.Such
program shall include the following elements:
(i)An emergency response plan,which shall be maintained at the stationary source and
contain at least the following elements:procedures for informing the public and local
emergency response agencies about accidental releases,emergency planning,and
emergency response;documentation of proper first-aid and emergency mcdical trcatmcnt
neccssary to trcat accidcntal human exposures;and proccdures and measures for
emergency response after an accidental release of'a regulated substance;
(ii)Procedures for the use of'emergency response equipment and for its inspection.
testing,and maintenance,including documentation of'inspection,testing,and
maintenance;
(iii)Training for all employees in relevant procedures and the incident command system;
and
(iv)Procedures to review and update,as appropriate,the emergency response plan to
reOect changes at the stationary source and ensure that employees are infonned of
changes.
(B)A written plan that complies with other federal contingency plan regulations or is
consistent with the approach in the National Response Team's Integrated Contingency
Plan Guidance ("One Plan")and that,among other matters,includes the elements
provided in subsection (a)(12)(A)of this section,shall satisfy the requirements of this
section if the stationary source also complies with subsection (a)(12)(C)of this section.
(C)The emergency response plan developed under this section shall be coordinated with
the community emergency rcsponse plan developed under -12 U.S.c.Section 11003.
Upon request of the local emergency planning committee or emergency response
officials,the stationary source shall promptly provide to the local emergency response
officials information necessary for developing and implementing the community
cmergency response plan.
(0)The stationary source whose employecs will not respond to accidental releases of
rcgulated substances need not comply with subsections (a)(12)(A)through (a)(l2)(C)of
this section provided that they meet the following:
(i)For stationary sources with any regulated toxic substance held in a process above the
threshold quantity,the stationary source is included in the community emergency
response plan developed under Section 11003 of Title -12 of the United States Code
(USC);or
(ii)For stationary sources with only regulated tlammable substances held in a process
above the threshold quantity the stationary sourcc has coordinated response actions with
the local fire departmcnt;and
(iii)Appropriate mechanisms are in place to notify cmergency responders ,vhen there is a
need for a response.
(13)Safetv Progranl11tfollngellJl!llt.
(A)The owncr or opcrator of a stationary source subject to this chapter shall develop a
management system to oversee thc implcmentation ofUle safety program clcmcnts.
(B)The OI""er or operator shall assigll a ({ualified persoll or posirioll that has the
OJ'erall respollsibi/it"for tile development.implemelltalioll.(Inti integra/ioll of/he
safell'program elements.
(C)When responsibility for implementing individual requirements of this chapter is
assigned to persons other than the person identificd under subscction (a)(I 3)(B)of this
section,the names or positions of these people shall be documented and the lines of
authority defined through an organization chart or similar document.
(b)Hllmall Factors Program.
(I)Statiollarv sources shall develop a ",rittell 111/1/1011 [actors [Jragram that [oIlOl"s the
fllimall (actors guidance document t1ellcloped or adopted hI'the department.The
program shall be developed within one year following the issuance ofUle Contra Costa
County guidance documents,the effective date of the ordinance codified in this seclion,
or as othe.wise allowed by this chapter,whichever is later.The human factors program
shall address:
(A)The inclusion of human factors in the process hazards analysis process;
(B)The consideration of human systems as causal factors in the incident investigation
process for major chemical accidents or releases or for an incident that could reasonably
have resulted in a major chemical accident or release;
(C)The training of employees in the human factors program;
(D)Operating procedures;
(E)Maintenance safe work practice procedures and maintenance procedures for
specialized equipment,piping,and instruments,no laterthan Junc 30,2011;and
(F)The requirement to conduct a managemcnt of change prior to staffing changes for
changes in permanent staffing levels/reorganization in opcrations,maintenance.health
and safety,or emergcncy responsc.This requirement shall also apply to stationary
sources using contractors in pennnnent positions in opemtions and maintenance.Prior to
conducting the management of change,the stationary source shall ensure that the job
function descriptions arc currcnt and accurate for the positions under consideration.
Stalling changes that last longer than ninety days are considered permanent.Temporary
changes associated with strike preparations shall also be subject to this requirement.
Employees and their representatives shall be consulted in the management of chauge.
(2)Employees and their representatives shall participate in the developmcnt ofthc
written human factors program.
(3)The program shall include,but not be limited to,issues such as staffing,shiftwork and
overtime.
(4)A description of the human factors program subsections (b)(I)through (b)(3)of this
section shall be included in the safety plan prepared by the stationary source.
(c)Root Cause Ana/psis mil/Incident Investigation.
(I)Stationary sources shall conduct a root cause analysis for each major chcmical
accidcnt or rclease which occurs after the effective date of the ordinance codified in this
chapter.Stationary sources shall periodically update the department on facts related to the
rclease or incident,and the status of a root cause analysis conducted pursuant to this
section,at meetings scheduled by the depmtment in cooperation with the stationary
source.To the maximum extent feasible,the department and the stationary somcc shall
coordinate these meetings with other agcneies with jurisdiction over the stationary
source.Within thirty days of eomplcting a root eausc analysis performed pmsuant to this
section,the stationary source shall submit to the department a final report containing that
analysis,including reconmlendatiolls to be implemented to mitigate against the release or
incident reoccurring,if any,and a schedule for completion of resulting reconID1endations.
The department may require the stationary source to submit written,periodic update
reports at a frequency not to exceed every thirty days until tile final report is submitted.
The methodology of the root canse analysis shall be one of the methodologies recognized
by the Center for Chemical Process Safety or shall be reviewed by the department to
determine snbstantial equivalency.
(2)The depnrtulellf 11Im 'elect to do its OWll independent rool caw,;e (lfwlrs;s or incident
im'estigatioll (or n major chemical nccidellt or release.If the department elects to
conduct a root cause analysis or incident investigation the stationary source shall
cooperate witit the depmtment by providing the following access and information in a
manner consistent witil tile safety of department and stationary source personnel and
without placing undue burdens on the operation of the stationary source;
(i)Allow the department to investigate the accident site and directly related facilities such
a~control rooms,physical evidence mld where practicable the extcmal and internal
inspection of equipment;
(ii)Provide the department with pertinent documentation;and
(iii)Allow the department to conduct independent interviews of stationary source
employees,subject to all rights ofthe stationary source and employees to be represented
by legal counsel and/or management and union representatives during such interviews.If
in thc comse of the department's root cause analysis or incident investigation access is
required to areas of the stationary source which in the judgmcnt of the stationary sourcc
l
requires personnel cntcring the area to use protective equipment and/or have specialized
training the depanment shall provide its pcrsonnel with such equipment and training.To
the maximum extent feasible.the department shall coordinate any root cause analysis or
incident investigation it conducts with investigations conducted by other agencies with
jurisdiction over the stational)'source to minimize the adverse impacts on the stationary
source and/or its employees.
(3)No part oftlle conclusions,findings or recommendations of the root cause analysis
conducted by the dcpm1ment or stationary source,or incident invcstigation conducted by
the department,relating to any major chemical accident or release or the investigation
thereof shall be admitted as evidence or used in any action or suit for damages arising out
of any matter mentioned in such report.
(d)Procon Ha7.llrd AllalrsislActioll Items.
(l)Process hazard analllses will he colldllcted [or eacli of tI,e cOllered processes
accordillg ta olle aUlie f"lImping metliods:What-I[,Checlilist.Whllt-I(lClleclilist.
Hazard IIlId O/lerllbilitr Stndr (HAZOPI.Fllilllre iI'lode 111/11 Effects Anlllrsis (FME.-li.
fnult tree [llla/rsis or all appropriate equivalent met/lOdDIGg,..flrJPI'OI!£!d 111'Ille
department prior to cOlll/lle/iug the process "azard allalrsis.The process hazard
analysis shall be appropriate to thc eomplcxity of the covered process and shall identify.
evaluate,and control U,e hazards involved in thc covered process.The process hazard
analysis shall address:the hazards of U,e process;the identification of any previous
incident which had a likcly potential for catastrophic consequences;engineering and
administrative control applicable to the hazards and their interrelationships such as
appropriate application of detection methodologies to provide early warning of releases
(acceptable detection methods might include process monitoring and control
instrumentation with alarms,and detection hmdware such as hydrocarbon sensors);
consequences of failure of engineering and administrative controls;covered process and
stationary source siting;human factors;and a qualitative evaluation of a range of U,e
possible safely and health effects of failurc of controls.PHAs should also include
consideration of external events except for seismic analyses,which are only required
when criteria listed in subsection (d)(2)of this section arc satisficd.All process hazard
analyses shall be performed by a team with expertise in engineering and pmccss
operations,and the team shall include at least one employee who has experience and
knowledge specific to the process being evaluated.Also,one member of the team must
be knowledgeable in the specific process hazard analysis methodology bcing used.
(2)The proccss hazard analyses shall be conducted within one year of the effective datc
of the ordinance codilied in this chapter and no later than the submittal date of the safety
plan.Previously completed process hazard analyses that comply with the California Code
of Regulations,Title 8,Section 5189,and/or thc California Code of Regulations,Title 19.
Section 2760.2 arc acceptable for the purposes of this chapter.Process hazard analyses
shall be updated and revalidated at least onee every five years after completion of the
initial process hazard analysis.Updated and revalidated process hazard analyses
completed to comply with the California Codc of Rcgulations,Title 8,Scction 5189,
andlor the California Code of Regulations,Title 19,Section 2760 are acceptable for
meeting the update and revalidation requiremcnt.Seismic events shall be considered for
processes containing a substance defined in the California Code of Regulations,Title 19,
Chaptcr 4.51,Scction 2770.5,ifthc distancc to the ncarcst public receptor for a worst
case release scenario specified by the California Code of Regulations,Title 19,Chapter
4.5,Section 2750.3 is within tile distance to a toxic or flammable endpoint as defined in
California Code of Regulations,Title 19,Chapter 4.5,Section 2750.2(a).
(3)For all covered proeesscs,the stationary source shall consider the use of inherently
safer systems in the development and analysis of mitigation items resulting from a
process hazard analysis and in the design and review of new processes and facilities.The
stationary source shall select and implement inherently safer systems to the greatest
extent fcasible.If a stationary source concludes that an inherently safer system is not
feasible,the basis for tilis conclusion shall be documented in meaningful detail.
(4)For all covered processes,the stationary source shall document the decision made to
implement or not implement all process hazard analysis recommended aetioo items and
tile results of recommendations for additional study.The stationary source shall complete
recommended actions from the initial PHA's and from PHA revalidations,identified by
the process hazard analysis and selected for implementation by tile stationary source as
follows:all actions not requiring a process shutdown shall be completed within one year
after submittal of tile safety plan;all actions requiring a process shutdown shall be
completed during the first regularly scheduled turnaround of tile applicable process
subsequent to one year after submittal of the safety plan unless the stationary source
demonstrates to tile satisfaction of the department that such a schedule is infeasible.For
recommended actions not selected for implementation,the stationary source shall include
the justification for not implementing the recommcnded action.For all covered processes.
thc stationary source shall retain documentation of closure,and any associated
justifications,of actions identified by the process hazard analysis.The stationary source
shall communicate the actions to operating,maintenance,and other employces whose
work assigrunents are in the process and who may be affected by tilC rccommendations or
actions.
(e)Accident History.
(I)The stationary source shall include an accident history in thc safety plan of all major
chemical accidcnts or releases from June I,1992,through the date of safet),plan
submitlalto tile department.For each major chemical accident or release tile stationary
source shall reportlhe following infornlation,to the extent known:
Date,time and approximate duration of the release;
Chemicals released;
Estimated quantity released in pounds;
Type of release event and its source;
Weather conditions at the time of the release;
On-site impacts;
K.nown off-site impacts;
Initiating event and contributing factors;
Root cause(s);
Whether off-site responders were notified;and
Operational or process changes that resulted from the investigation of the release.
(2)The stationary source shall annually submit a rcport of the accident history [0 the
department.The first report shall be due two years after the effective date of the
ordinance codified in this chapter,and subsequent reports shall be due by June 30th of
each year.
(I)Certificatioll.TI,e oWller or operator shall sllbmit illtllC sa(etv plall II .>illgle
certificatiollthat.to the best oUhe sigller's kllowledge,ill(ormotioll.alld belie[[ormed
after reasonable iuau;!')'.tlte ill(orl1latioll submitted is true.accurate.and cOl1mlete.
(g)Security and Vulnerability Assessment.Each stationary source shall perform and
document a security and vulnerability assessment as detined in the Contra Costa COUl1ly
CalARP program guidancc documcnt,by June 30,2007,and at least once every five
years after the initial assessment,or as prescribed by federal regnlation.The stationary
source shall documcnt its process for assuring that recommendations arc addrcsscd.
(h)Safety Culture Assessment.The stationary source shall conduct a safety culture
assessment.The assessment shall be based upon a method listed in the Contra Costa
County CalARP program guidance document or shall be reviewed by the dcpartmcnt to
dctennine substantial equivalency.The initial assessment shall be performed by one year
following the revisions to the Industrial Safety Ordinance guidance docwnent that
addresses the safety culture assessment,and at least once every five years thereafter.The
safety culture assessment will be reviewed during the audit and inspcction of the
stationary source.The department may perform its OW11 safety culture assessmel1l after a
major chemical accident or release or the occurrence of any incident that could
reasonably have led to a major chemical accident or release,or based on department audit
results of the stationary source.
(Ords.2006-22 §5,2000-20 §I,98-48 §2).
450-8.018 -Review,audit and inspection.
(a)UpOIl submissioll 0[0 sll[et!'plall bv the stotiollal'l'SOl/rce.the deportmellt shaff
review the sa[etv plall to determille i[aff the elements required bll Sectioll 4511-8.0/6 o[
this chapter are ill eluded alld complete.The depanment shall provide to the stationary
source a written notice of deficiencies,if any.The stationary source shall have sixty
calendar days from receipt of the notice of deficiencies to make any corrections.The
stationary sourcc may request,in writing,a one-time thirty-day calendar day extension to
correct deficiencies.By the end ofU,e sixty calendar days or any extension period,the
-----------------------
stationary source shall resubmit the revised safety plan to the department.After the
department determines that the safety plan is complete,the department shall schedule a
public meeting on the stationary source's salety plan to explain its contents to the public
and take public comments.Public eonunents on the safety plan shall be taken by U1C
dcpartment for a period offorty-five days after the safety plan is made available to the
public.The department shall schedule a public meeting on the stationary source's safety
plan during the forty-five day comment period.Thc public meetings shall be held in Ule
affected community on evenings or weekends.The department shall respond in writing to
all written comments received during the forty-five day comment period and to all oral
comments received and not addresscd at U,C public mecting.The department shall make
portions of the safety plan,which arc not protected trade secret information,available to
U1C public for the public mecting.
(b)(I)T"e departmel/t sllllll.wit/iiI/ol/e I'ear oU"e stlbmissiol/oU"e statiO/inrI'
SOll,.ce~\·safel"plall.conducl all initial audit and inspection oflhe slalionOlo"sOl/rce's
safell'program to determine compliance witlt tltis chapler.Based upon the department's
review of the safety plan and Ute audit and inspection of the stationary source,the
department may require modifications or additions to the safety plan submitted by the
stationary source,or safety program to bring the safety plan or safety program into
compliance WiU,the requiremenLs of this chapter.Any determination that modifications
or additions to the safety plan or safety program are required shan be in writing,
collcctively referred to as the "preliminary dctermination."The prelinlinary determination
shall explain the basis for the modifications or additions required to bring the safety plan
or safety program into compliance with U,C rcquircments of this chapter and provide a
timetable for resolution of the recommendations.The preliminary determination shall be
mailed to the stationary source.
(2)The stationary source shall respond in writing to the preliminary detennination issued
by the department.T"e respol/se s"all stale I"all"e slaliol/ar!'sotlrce will iI/corporate
;1110 the safelv plall or safety program the revisions contained ill lite prelimiluu'l'
determination or shall state tltat the stational')'SOl/rce rejects the revisions;in whole or
in part.For each rejected revision,U,e stationary source shall explain U,e basis for
rejecting such revision.Such explanation may include substitute revisions.
(3)The stationary source's written response to the department's preliminary determination
shall be received by the departmcnt within ninety days of the issuance of the preliminary
detennination or such shorter time as the department specifies in the preliminary
detemlination as being necessary to protcct public health and safety.Prior to the "'Tilten
response being due and upon written request from the stationary source,the department
may provide,in writing,additional time for the response to be received.
(4)After receiving the written response from the stationary source,the department shall
issue a public notice pursuant to the departmcnt's public participation policy and make
portions of the safety plan,the preliminary determination and the stationary source's
responses,which are not protected trade secret infoonation,available for public review.
Public comments on the safety plan shall be taken by the department for a period of forty-
five days after the safety plan,the preliminary dctcrmination and the stationary source's
responses are made availablc 10 the public.The department shall schedule a public
meeting on the stationary source's safety plan during the forty-five day comment period.
The public meetings shall be held in the affected community on evenings or weekends.
Thc departmcnt shall respond in writing to all written comments received during the
forty-five day comment period and to all oral comments received and not addressed at the
public meeting.
(c)Bascd upon the department's preliminary determination,review ofthe stationary
source's responses and review of public comments on tlle safety plan,the preliminary
determination and the stationary source's responses,the department may require
modifications or additions to the safety plan submitted by the stationary source·or safety
program to bring the safety plan or safety program into compliance with the requirements
of this chapter.Any determination that modifications or additions to the safety plan or
safety program are required,and any determination that no modifications or additions to
the safety plan or safety program are required shall be in writing (collectively referred to
as "final determination"),shall bc mailcd to the stationary sourcc and shall be made
available to the public.The department may not include in a final determination any
requirements to a safety plan or safety program that would cause a violation of,or
conflict with,any state or lederallaw or regulation or a violation of any permit or order
issued by any state or federal agency.
(d)Within thirty days of the department's final determination,the stationary source
and/or any pcrson may appeal the final determination to the board of supervisors pursuant
to Chaptcr 14-4 of this code by a verified written notice of appeal filed with the clerk of
the board of supervisors and paymeill of the applicable appeal fee.The appeal must be
limited to issues raised during the public comment period.The notice shall state the
grounds for any such appeal,including (i)the reasoning that the appeal is necessary
because the stationary source is in compliance with this chapter,or (ii)the reasoning that
thc appeal is necessary to bring the stationary source into compliance Witil tlJis chapter.In
acting on the appeal,the board shall have the same autllOrity over the final determination
as the department.TI,e board may require modifications or additions to the safety plan or
safety program to bring ti,e safety plan or safety program into compliance witil the
requirements of this chapter.The board may not include in its decision on ti,e final
determination any requirements to a safety plan or safety program that would cause a
violation of,or conflict with,any state or federal law or regulation or a violation of any
permit or order issued by any state or federal agency.The decision of the board of
supervisors shall be final with respect to the final determination.
(e)The saretv pla/l shall be ''Glid (01'a period o{three veal'S (i'01l1 the date o(receipt bl'
tlIe department and s!lall be reviewed and updated bv (/Ie .510(;0110'"source ever.,tltree
rem"s pursuant to tlIe requirelJlents Drllt;s cltapter.All"revisions fo tlte _f'in(ety plall as a
result orlhe review allt/llndafe !illall be submitted to the departllll!lI!alltl shaff be
subject to the provisions urllI's sectioll.
(I)The department may,within thirty days of a major chemical accident or release,
initiate a safety inspection to review and audit the stationary source's compliance with the
provisions of Section 450-8.016 of this chapter.The department shall review and audit
the stationary source's compliance with ti,e provisions of Section 450-8.U 16 of this
chapter at least once evcry three years.The department may audit the stationary source
based upon any of the following criteria:accident history of the stationary source,
accident history of other stationary sources in the same industry,quantity of regulated
substances present ut the stationary source,location of the stationary source and its
proximity to the public and environmental receptors,the presence of specific regulated
substances,the hazards identified in the safery plan,a plan for providing nelltral and
random oversight,or a complaint from the stationary source's employee(s)or their
reprcsentative.The stationary source shall allow the department to conduct these
inspections and audits.rite departmellt.(it its optiou,mal'select llfl outside ClJllSUltllllf
10 assist ;11 rOIlt/lIc1ing such inspectioll.
(g)Within thirty days of a major chemical accidcnt or rclease the department may
commcncc an incidcnt safety inspection with respect to the process involved in the
incident pursuant to the provisions of Section 450,8.0 16(c)of this chapter.
(h)(I)Based upon the department's (Illdit.safel)'inspection or (Ill illcidellt inspection,
the depar/melltmllr reqllire madmcatialls or additions to the saretl'plflll mbmilled br
the statiollarl'source or safel}'program/a bring the safe!)'plall or sufe!)'program iuto
compliance ,,'ith /lte reqnirements oUllis clmpfer.Any determination by the department
shall be in writing and shall be mailed to the slationary source (referred to as the "notice
of findings H
).The stationary source shall have sixty calendar days from receipt of the
notice of findings to make any corrections,The stationary source may request,in writing,
a one-time thirty-day calendar day extension to make corrcctions.The department may
not include in its noticc of findings requirements to a safety plan or safety program that
would cause a violation of,or connictwith,any state or fedcral law or regulation or a
violation of any pcrmit or order issued by any statc or fcderal agency.Thc notice of
findings made by the dcpartment will be available to the public.
(2)Within thirty days of the department's notice of findings,the stationary source andlor
any person may appeal the notice of findings to the board of supervisors pursuant to
Chapter 14-4 of this code by a vcrified written notice ofappcal filed with the clcrk ofthc
board of supervisors and payment ofthc applicable appeal fee,The appcal must state the
grounds for any such appeal,including (i)the reasoning that the appeal is necessary
because the stationary source is in compliance with this chapter,or (ii)the reasoning that
thc appeal is necessary to bring the stationary source into compliance with this chapter.In
acting on the appeal,the board shall have the same authority over the notice of findings
as the department.rite hoard mal'require I1wdi{icatiowi 01'additious to tlIe safetv plal1
01'safetl'program to brillg the safef)'plall or safetl'program i"to compliance H'itII the
requirements oftlIis clIapter.The board may not include in its decision on the notice of
findings any requirements to a safety plan or safety program that would cause a violation
of,or conflict with,any state or federal law or regulation or a violation of any permit or
order issued by any slnte or federal agency.The decision of the board of supervisors shall
be tinal with respect to the notice of findings.
(i)Nothing in this section shall preclude.limit.or interfere in any way with the authority
oflhe county to exercise its enforcement.investigatory,and information gathering
authorities under any other provision of law nor shall anything in the chapter effect or
diminish the rights of the stationary source 10 claim legal privileges such as attorney
client privilege and/or work product with respect to infommtion and/or documents
required to be submitted to or reviewed by the department.
(Ords.2006-22 §6,98-48 §2).
450-8.020 -Trade secret.
The disclosure of any trade secret information required by this chapter shall be governed
by California Health and Safety Code Section 25538,as amended from time to time,or as
otherwise protected or required by law.
(Ord.98-48 §2).
450-8.022 -Hazardous materials ombudsperson.
The departmellt shaJl calltilllle to emplol'all omblldsperson (or hazardolls materials
programs.The ombudsperson will serve as a single point of contact for people who live
or work in Contra Costa County regarding environmental health concerns,questions,and
complaints about hazardous materials progranls.The ombudspersoll will b"empowered
to idellti(1'alld solve problems ami make recommelldatiolls to ti,e departmellt.Th"
ombudsperson's role will be one of ill vestigatillg concerns and comp/aillts.facilitaling
tlleir resolution mill assisting people ill gathering information about programs.
procedures.01'issues.The ombudsperson map refai"appropriate tee/ultca!experts ;11
order to fil/fillteehllicnl assistallce requests (rom members ofthe public.The cost o(
experts lIlal'be fUllded though progl'llms established bv the U.S.EPA or other
appropriate entities.
(Ords.2000-20 §2,98-48 §2).
450-8.024 -Public information bank.
Tile department sllll/l collect find provide readv access.illc1udillg the lise ore/eelrollic
accessibilitv as I'easolluhl)'available.to public docl/ments which are relevant to tile
goals ofthis chapter,including at a millin/lilli,business plall inventories and
emergencv respo/lse plalls.risk II1Gnagemenl plans,safety plalls,and department
incident reports.Tllis section shallllot applv to trade secret information or otlter
information protected from disclosure IInder federal OJ'state law.Tlte public
il/fol'mlltioll bill/Ii sllall be completed hI'December 31.ZOOO.
(Ord.98-48 §2).
450-8.026 -Fees.
The depor/lltent mOJ).UpOIl a majol'ifll vote ofthe board o(sliperlJisors.adopt a
sclledule of(ees to be colIected (rom ""ell stlltiollllrjl SOMee subject to tile reqlliremel1ts
of this chapter.An)'rei/jew.inspection,audit fee schedule sllall be set in all amolln!
sufficient to plll'onl}.'those costs reasonablv necessarv to carrv out the requirements of
this cllllpter.illcludil/g costs ofstaf!Ill/d/or cOl/sultallttime or public lIearings al/d
administrative ol,t!l'hend.The fee schedlile shall inc/lule tlte cost of/Itt!ombudsperson
positioll.
(Ord.98-48 §2).
450-8.028 -Penalties.
Regardless ofthe m'oi/obi/itl'ofotlter cillil or administrative remedies (Ind procedures
(or ell(orcil/g Ihis chapler.e,'erl"acl or cOllditioll prohibiled or declared 1/1/1011,,"1 bl"
this chapter.and even'knowing or lVi/fill failllre or omission to act as required herein,
is n violatioll ofthis code alld shall be punishable alld/or subject to enforcement
p"rs"ollt to tile provisiol/s o(Chapler 14-67 o(lIle COlllllv Ordillallce Code specificolll"
il/cllldillg bllt I/ot lilllited to Article 14-6.4 (pllblic I/II/sallee).al/d Article 14-8 (crimillol
enfOrcement).as misdemeanors or infractions.
(Ord.98-48 §2).
450-8.030 -Annual performance review and evaluation.
(a)The department shall annually:(1)review its activities to implement this chapter,and
(2)evaluate the etlectiveness of this chapter in achieving its purpose and goals pursuant
to Section -I5U-8.00-l of this chapter.
(b)An annual performance review and evaluation report shall be prepared by the
department based upon the previous fiscal year's activitics and shall be submitted 10 the
board of supervisors on or before Octobcr 31,2000 and each year thcrcatlcr.The report
shall contain:
(I)A brief description of how the department is meeting the requircmcnts of this chupter
as follows:(i)cffectiveness ofthc dcpartment's program to cnsure stationary source
compliance with this chapter;(ii)effectivencss ofthe procedures for records
management;(iii)number and type of audits and inspections conducted by the
dcpartment pursuant to this chupter;(iv)number of root cause analyses andlor incident
investigations conducted by the department;(v) the department's proccss for public
participation;(vi)cffcctiveness ofthc public information bank,including status of
electronic accessibility;(vii)effectiveness of the hazardous materials ombudsperson;
(viii)other required program elements necessary to implement and manage this chapler.
(2)A listing of all stationary sources covered by this chapter,including for each:(i)the
status of the stationary source's safety plan and program;(ii)a summary of all stationary
source safety plan updates and a listing ofwherc the safety plans are publicly available:
(iii)the annual accident history report submitted by the stalionary source pursuant to
Seclion -I50-8.016(e)(2)of this chapter:(iv)u summary,including the status.of any root
cause analyses conducted or being conducted by the stationary source and required by
this chapter,including the status of implementalion of recommendations;(v)a summary.
including the status,of any audits,inspections,root causc analyses andlor incident
invcstigations conducted or being conducted by the department pursuant to this chapter,
including the status of implementation of recommendations;(vi)description of inherently
safer systems implemented by the stationary source;and (vii)legal enforcement actions
-I
,
initiated by lI,e department,including administrative,civil,and criminal actions pursuant
to this chapter.
(3)Total penal tics assessed as a result of enforcement of this chapter.
(4)Total fees,servicc charges,and other assessments collected specifically for the
support of this chapter.
(5)Total personnel and personnel years utilized by the jurisdiction to directly implement
or administer this chapter.
(6)Comments from intercsted parties regarding the effectiveness of the local program
that raise public safety issues.
(7)The impact of the chapter in improving industrial safety.
(c)The department shall provide a copy of the annual performance audit submission
rcquired by Title 19 Chapter 4.5 Scction 2780.5 of the California Code ofRegulatiolls to
the board of supervisors on Dr before October 31 st of each year.
(Ords.2006-22 §7,98-48 §2).
450-8.032 -Construction.
Notwithstanding any other provision of this codc and for the purposes of this chapter
wherever it provides that the department shall act,such direction in all instances shall be
deemed and is directory,discretionary and pennissive and not mandatory .
....................
NOTE:County Ordinance Chapter 450-8 expands on the California Accidental
Release Prevention (CaIARP)Program for facilities meeting the following:
•The facility is within an unincorporated area of the County
•The facility is either a petroleum refinery or chemical plant
•The facility is required to submit a Risk Management Plan (RMP)to the
U.S.EPA and Contra Costa County Health Service (CCHS)
•The facility has at least one Program 3 process
The seven facilities currently subject to the County's Industrial Safety Ordinance
(ISO)include:Air Products (Within the Shell Refinery),Air Products (within the
Tesoro Refinery),ConocoPhillips Rodeo Refinery,Air Liquide-Rodeo Hydrogen
Plant,General Chemical West:Bay Point Works,Shell Oil Martinez Refinery and
Tesoro Golden Eagle Refinery.The City of Richmond has adopted an
Industrial Safety Ordinance (Municipal Code Chapter 6.43,RISO)that is
almost identical (except for the 2006 amendment)to the County's Industrial
Safety Ordinance.The two facilities located in the City of Richmond that are
subject to this ordinance include:Chevron Richmond Refinery and General
Chemical West: Richmond Works.
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
CITY CLERK
OCTOBER 30,2012
ADDITIONS/REVISIONS AND AMENDMENTS TO
AGENDA
Attached are revisions/additions and/or amendments to the agenda material presented
for tonight's meeting:
Item No.
1
Description of Material
Excerpt of Minutes of Traffic Safety Commission dated October 22,
2012
Respectfully submitted,
~LzJz~
Carla Morreale
W:\AGENDA\2012 Additions Revisions to agendas.20121030 additions revisions to agenda.doc
~.
Commissioner Kramer commented that he is a cyclist has worked very hard with
Staff and the Commission to make the roads i ancho Palos Verdes safer for
bicyclists.He then explained the difference be en a bike lane and the shoulder of a
roadway,especially in reference to Palos erdes Drive East.He encouraged the
Lucases to attend the workshops and in .ed them to submit any further questions they
may have via email as well.
Senior Engineer Jules went er the items of preparation for the workshops.Items
were delegated to the va'us Commissioners and Staff members.It was decided to
hold the next meetin on December 3,2012 at 7pm to practice a dry-run of the
workshop presenta'ns.
INFORMATIONAL ITEMS:
1.TSC Vacancy Interviews (October 30.2012)
Commissioner Kramer noted that Eric Alegria had run for a City Council position.
Chair Locascio asked if any of the candidates live on the east of the City and Senior
Engineer Jules responded that she did not know.Commissioner Kramer asked if the
Council would welcome the Commi~sion's input.Senior Engineer Jules stated that they
can submit comments.
Chair Locascio asked if Senior Engineer Jules would notify the City Council of the
Commission's input and Senior Engineer Jules responded that Chair Locascio should
email the City Council regarding the Commission's recommendation.
ACTION TAKEN:
Commissioner Kramer moved to make a recommendation to the City Council,
advisory only,that all other things being equal,the Commission would like to see
some Commission representation from the east side of Rancho Palos Verdes.
Commissioner Self seconded the motion.
Motion was approved:
Ayes 4,Nays 0
Chair Locascio stated that he had mentioned to the Mayor at the last Mayor's breakfast,
that the Commission would like them to appoint someone from the east side of town,all
other candidate attributes being equal.
2.Hawthorne Blvd Pedestrian Safe Bus Sto
Senior Engineer Jules state t the design plans are about 95%complete and that
she is about ready to a the pre-construction community workshop to inform the
Traffic Safety Commission Draft Minutes
October 22,2012
Page 11 of 14