Paul PennEmergency Management and Refinery Safety

Program ManagerOffice of the Secretary

California Environmental Protection Agency1

Proposed Amendments to CalARP/Area Plan Regulations pertaining to refineries

Background

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Interagency Refinery Task Force (IRTF) HistoryTriggered by Chevron Richmond fire (August, 2012)Governor designated Interagency Working Group on Refinery

Safety (draft report July, 2013) Issued “Improving Public and Worker Safety at Oil Refineries” (final

report February, 2014) http://www.calepa.ca.gov/Publications/Reports/2014/RefineryRpt

.pdf [En Espanol]

Governor directed CalEPA to create IRTF (August, 2013)

Recommendation Categories

1. Emergency management and response

2. Safety and prevention3. Public education and outreach4. Enforcement Coordination5. Improved agency coordination

through the establishment of an Interagency Refinery Task Forcewww.calepa.ca.gov/refinery

But First, The Next Generation of Safety and Prevention

Proposed Refinery •California Accidental Release Prevention (CalARP/Risk Management Prevention [RMP])• California Office of Emergency Services

•Process Safety Management (PSM) Amendments• California Department of Industrial Relations

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Governor’s Report on Refinery SafetyRecommendations:

Strengthen PSM and Cal ARP Programs:1. Implement inherently safer systems to the greatest extent feasible; 2. Perform periodic safety culture assessments; 3. Adequately incorporate damage mechanism hazard reviews into Process Hazard Analyses; 4. Complete root cause analysis after significant accidents or releases; 5. Explicitly account for human factors and organizational changes; and6. Use structured methods such as Layer of Protection Analysis to ensure adequate safeguards.

Additional areas: Reporting of leading and lagging indicators, increasing worker and community involvement, and exploring the safety case approach.

February, 2014

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Emergency Preparedness and Response Amendments

Elements of Emergency Response and Preparedness Amendments

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Alignment of Radio Communication between Response Officials

Establishment of a Unified Command and Joint Operation Center

Plans and Protocols to Protect Persons Outside of a Refinery

Drills and ExercisesPreparation for Airborne Releases

Why?

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The Governor’s report states: “The Chevron incident revealed shortcomings in the corporation’s emergency

response protocol, difficulties in coordination among emergency responders, and challenges in communicating with surrounding communities regarding health risks and appropriate actions. Emergency response by refineries and state and local agencies will be improved through better coordination and other changes in emergency planning and preparedness programs…

there is broad-based consensus for strengthening existing protocols for refinery-specific emergency response systems, particularly the need for increased communication and coordination.“

Link to CalOES Proposed Amendments

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Area plan -http://www.caloes.ca.gov/FireRescueSite/Documents/Area%20Plan%20Refinery%20Draft%20Regulations%2010-26-15.pdf

CalARP -http://www.caloes.ca.gov/FireRescueSite/Documents/CalARP%20Refinery%20Emer

gency%20Response%20Program%20Draft%20Regulations%2010-26-15.pdf

2/29/201611

Two Components- Area Plans and Petroleum Refineries CalARP

Emergency Response Program

Creates:Section 2765.3 Emergency Response Program for Petroleum Refineries

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CalARP Petroleum Refineries- Key Elements

CalARP Petroleum Refineries- Key Elements

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In consultation with the UPA, the air district, and the community, the owner or operator of a petroleum refinery shall designate a geographic zone subject to potential offsite impacts of a release, as approved by the UPA.

[Emphasis added.]

Within Geographic Zone

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OutreachInforms public of potential hazardsHow notifiedActions to takeHow to get additional information

Within Geographic Zone

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Communication with emergency response agencies and private institutionsLocal medical facilitiesSchoolsTransit agenciesRailroadsUtilitiesBusinesses with workers in the ZoneSites where people congregate (e.g., sporting, shopping,

cultural venues)

Within Geographic Zone

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NotificationMultiple languagesDifferent technologiesAccess and functional needsEmergency response organizationsCommunity

InstitutionsTesting and MaintenanceCoordinating and conducting protective actions

Air monitoring and detection

Emergency Management (Onsite and Offsite)

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Incident Command SystemStandardized Emergency Management SystemNational Incident Management SystemIncluding Unified CommandJoint Operations Joint Information Center

Sufficient Resources

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Mutual AidExternal response organizationsMateriel and trained personnelInteroperable communicationsEMS, DeconDemobilization

Training Competencies

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TrainingICS, SEMS, NIMSApplicable worker safety standards

Drills and Exercises

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Master scheduleModeled on HSEEPAssess plans, materiel, and training competencies for the

petroleum refinery, responding, and supporting organizations relevant to emergency management, response, recovery, and support functions; Worker and community safety elementsTest notification systemsFull scale exercise at least every 3 years

And

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Coordinate with CUPAReferences to existing documents to meet some, or all, of the requirements of this section as appropriate may be included.

Amends:19 CCR § 2723 et seq.

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Area Plans- Key Elements

Area Plans

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Emergency Management and duties and authorities of Local Health OfficerOverall mutual aid resourcesUnified Command, Joint Information CenterOther regulatory agencies (e.g., air district)

given opportunity to review and comment on Area Plan

Area Plans

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Emergency communication plan (public, private, non-governmental [e.g., petrochemical mutual aid organizations])Primary and alternate communicationsInteroperability Testing and maintenance

Area Plans

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Air monitoring and warning notification systemsEvacuation PlanningTraining and exercises

Path to Adoption (target early 2017)

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Issue pre-regulatory package

Conduct workshops to gather comments Revise package

Begin formal rulemaking process

with OAL (ISOR and Financial impacts)

Hold hearings and receive comments

Revise package as appropriate

Submit revisions to OAL (FSOR)

Additional comment period if indicated

Resubmit revised version Adoption

Next Steps

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Continue outreach and receive commentsKindly submit comments to refinery@calepa.ca.gov

Complete the regulatory processCurrent plans include guidance and best

practices for refineries and CUPAs

Paul.penn@calepa.ca.gov916-327-9558

Thanks

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