A fire at the Chevron refinery in Richmond in August 2012 raised public concern about refinery safety and emergency response in California. Following a directive from the Governor’s February 2014 report on “Improving Public and Worker Safety at Oil Refineries,” CalEPA formed the Interagency Refinery Task Force (IRTF). The IRTF membership includes ten state agencies, U.S. EPA, and local agencies from areas of the state that contain refineries. The agencies work collaboratively to achieve the highest possible level of safety for refinery workers and local communities, and to prepare for and effectively respond to emergencies if they occur. Proposed Amendments:
In an effort to prevent major incidents at oil refineries, members of the IRTF drafted amendments to two key regulations:
- the California Accidental Release Prevention (CalARP) Program through the Governor’s Office of Emergency Services (OES)
and
- the Process Safety Management (PSM) regulations, proposed by Cal/OSHA, within the Department of Industrial Relations (DIR).
Although the substance of both regulations is very similar, the PSM regulation is focused on minimizing risks to employees, whereas the CalARP regulation is designed to protect the safety and health of the community.
Steps to Improve Public and Worker Safety
Both sets of proposed amendments require refineries to take the following actions:
- Use a structured approach known as the Hierarchy of Hazard Controls to eliminate or minimize hazards in refinery
- processes whenever possible
- Perform periodic safety culture assessments to evaluate whether employees believe that management is appropriately emphasizing safety over production pressures
- Perform damage mechanism reviews on process equipment to systematically identify issues such as corrosion
- Account for human factors and organizational changes, including employee fatigue and experience, and operational reorganization
- Use structured methods to ensure adequate and independent safeguards are in place to prevent incidents
- If a major incident occurs, conduct thorough investigations to identify underlying root causes and develop interim a
- nd permanent corrective actions
- Implement corrective actions for all aspects of the safety program according to clear and enforceable timelines, with consequences for delays
- Involve employees and employee representatives in all elements of the safety and prevention program, including all activities required above
- Make more information available to the public.
Rulemaking and Public Input
The path to adoption of the proposed amendments is different for the CalARP and PSM regulations; however, there will be many opportunities for the public to provide input into both regulatory proposals as they move forward. Both proposals are currently in the pre-regulatory phase and will enter the formal rulemaking process in the Fall of 2015. They are expected to be completed and in force by mid-2016.
Both CalEPA and DIR are currently seeking public comment on the pre-regulatory drafts, and we will seek comment again during the formal rule-making process. If you are interested in being notified of opportunities to comment, please contact us.