Repost from the Benicia Herald
Second step of Industrial Safety Ordinance process on council agenda

More than a year after the Benicia City Council approved the first step in a two-step process to consider bringing an Industrial Safety Ordinance (ISO) to Benicia, the council will resume its discussion Tuesday when the matter is brought back for the second step of the process.
Following the flaring incident at the Valero Benicia Refinery on May 5, 2017 where a power outage resulted in black smoke being released, causing the Industrial park to be shut down and shelters in place established at nearby elementary schools, Mayor Elizabeth Patterson brought a two-step process to discuss consideration of an ISO at the May 23, 2017 council meeting. Patterson requested an ordinance similar Contra Costa ISO, which was adopted in 1998 and went into effect in 1999. Under Contra Costa’s ordinance, refineries are required to submit safety plans, experience safety audits and develop risk management plans while utilizing community input. In the event of an accident, regulated industries can provide a preliminary report.
The Contra Costa ISO covers six facilities: the Phillips 66 Rodeo Refinery, Shell Oil Martinez Refienry, Tesoro Golden Eagle Refinery in Pacheco, Air Products at Shell Refinery, Air Products at Tesoro Refinery and the Air Liquide-Rodeo Hydrogen Plant. In 2002, the city of Richmond adopted its own ISO that mirrored the Contra Costa ordinance. It covers the Chevron Refinery and Chemtrade West.
Fire Chief Josh Chadwick noted in a staff report that since adoption of the Contra Costa ISO, the severity of major chemical accidents or releases had seen a declining trend with the exceptions of 2004, 2010 and 2012.
“Implementing the ISO in Contra Costa County is generally considered to have contributed to the decline in incidents at refineries in the County although other regulatory changes and improvements in worker safety are also credited,” Chadwick wrote.
The council voted 4-1 at the May 23 meeting to approve the first step of the process, with the lone dissenting vote coming from Mark Hughes, who felt it was too early to have such a discussion but indicated he may support it later on.
Two developments have happened since the council’s vote. Beginning Oct. 1, the state of California updated its regulations to be more in line with Contra Costa’s ISO. Prior to this, Solano County’s Certified Unified Program Agency (CUPA) was operating under Program 3 of the California Accidental Release Prevention (CalARP) program. A task force, including members of the Solano County Department of Resource Management, was formed to upgrade regulations at the Valero Benicia Refinery and bring it to Program 4.
“In the first five months since implementing Program 4, the Solano County Department of Resource Management spent 485 hours inspecting, preparing, reviewing, and documenting the Valero Benicia refinery,” Chadwick wrote.
Among the task categories included in the Contra Costa ISO and CalARP Program 4 are reviewing risk management and safety plans, auditing subject facilities at least once every three years and documenting the results, reviewing major chemical accidents or releases root cause analyses and incident investigation reports that are submitted and performing incident investigations, and performing hazard scoring for development projects associated with land use applications.
Both also require public access to reports and incorporating community engagement requirements.
In a letter to the council, Don Cuffel– Valero’s director of health, safety, environmental and regulatory affairs– wrote that an ISO would be “duplicative and divisive” and suggested the refinery meet with city staff to discuss such topics as statewide regulations, the Bay Area Air Quality Management District’s fence line monitoring program, Benicia’s emergency response and communication systems, and the refinery’s qualifications as a top safety site by CAL/OSHA.
Staff has provided two options for the council: direct staff to draft an ISO to bring to the council for consideration or direct staff to monitor the county’s implementation of Program 4, enabling the activities of an ISO to continue to be carried out by Solano’s CUPA.
In other matters, the council will vote on whether or not to place a measure establishing a tax on cannabis-related activities on the ballot for the November election.
The council will meet at 7 p.m. Tuesday, June 19 in the Council Chambers at City Hall, located at 250 East L St. A live stream of the council meeting can also be found online at ci.benicia.ca.us/agendas.




“BenIndy” gave a professional look to our local campaign and a continuous flow of local, regional and national information on crude by rail. It also helped promote local EIR hearings and associated BSHC events. Previous years’ organizing gave the Independent a head-start mailing list of over 300, which grew to over 1000 by August 2014 and nearly 1500 by April 2016. The Benicia Independent maintained a separate identity from BSHC, adding to the perception (and reality) that local opposition was more than just a single small-group effort.

hern California’s air districts, the Sacramento Area Council of Governments (SACOG) and CalTrans. Comment letters, sometimes voluminous and highly technical, were submitted for the record by these and others, including the office of the California Attorney General.
mention. Early on in the campaign, I wrote about my deep concern for the effect of Benicia’s decision on “uprail communities,” and made the case that Benicia is not an island unto itself. This remained a primary motivation for those of us in Benicia working to stop the project. We developed a strong relationship with our new friends from Davis, and they put their hearts into it, emerging as the focal point for uprail organizing. They contacted their city and regional elected officials and air districts, wrote letters and organized busloads to speak at Benicia hearings.
discussion above, where I point out the impact of yardsigns and tabling at Farmers Market. We had a few other excellent eye-catchers:
and large sunflowers, and carried them into Council Chambers with us, a beautiful, happy, positive image of our hopes for a safe and healthy world.
Light projections on the Benicia State Capitol – we had David Solnit and the
Healing Walks – We participated along with other East Bay refinery communities in the “Connect the Dots” walks sponsored by Idle No More & Sunflower Alliance.
scroll of 4081 petition signatures. It was quite a spectacle, including a physical tussle with the City Attorney and Community Development Director over the disposition of the scroll. Definitely memorable!
“Day After the Next Big One.” When we did this, we got some press coverage, lots of honks from passing cars, and a few good conversations with pedestrians.
couldn’t agree on method, carrot or stick. Ultimately, I wonder if this tension may have served us well. It was almost like we had two local organizations, drawing support from both ends of the spectrum. On the other hand, I occasionally speculated that we might’ve been more successful if we had actually HAD two different groups in Benicia, organizing in their distinctly differing styles as part of an overall strategy. I’ll leave this question to the experts.


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