CSB report on Chevron refinery fire urges new regulatory approach

On Monday, the U.S. Chemical Safety & Hazard Investigation Board released its draft report on a 2012 Chevron refinery fire in Richmond, Calif. CSB recommended that the state switch from a “current patchwork of largely reactive and activity-based regulations” to a performance-based system, the agency’s press release says.

CSB released an interim analysis and video of the incident earlier this year. The fire was caused by rupture of a pipe in a crude oil processing unit; the pipe was first identified as corroded in 2002 but was never replaced.

The regulatory approach CSB now recommends is called the “safety case” system and is already used in the United Kingdom, Norway, and Australia. From CSB’s press release:

…the safety case regime requires companies to demonstrate to refinery industry regulators – through a written “safety case report” – how major hazards are to be controlled and risks reduced to “as low as reasonably practicable,” or ALARP. The CSB report notes that the safety case is more than a written document; rather, it represents a fundamental change by shifting the responsibility for continuous reductions in major accident risks from regulators to the company.

To ensure that a facility’s safety goals and programs are accomplished, a safety case report generated by the company is rigorously reviewed, audited, and enforced by highly trained regulatory inspectors, whose technical training and experience are on par with the personnel employed by the companies they oversee, the draft report says.

That will mean that the regulatory agencies involved will also likely have to pay their employees more. A table in the CSB report notes that refinery personnel have an average annual salary of $187,630, while inspectors for county, state, and federal agencies make $96,875-$125,000 (pdf page 81).

CSB is accepting public commentsaccepting public comments on the report until Jan. 3. The agency will formally adopt or modify the report at a public hearing in Richmond on Jan. 15.

The Associated Press also reported this week that the Environmental Protection Agency “filed a formal notice against Chevron finding 62 violations of federal environmental laws.” The story goes on to say that EPA may “pursue criminal charges or fines if the company fails to address the violations.” So far there seems to be no mention of the notice on EPA’s main or regional websites.

Author: Jyllian Kemsley

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