The US Chemical Safety Board has proposed a more rigorous refinery industry regulatory system in California. It comes as part of the independent federal agency’s approved investigation report into the August 2012 process fire in the crude unit at the Chevron refinery in Richmond, California.
The incident endangered the lives of 19 workers, with 15,000 residents sent to hospital for medical attention.
The CSB report, entitled “Regulatory Report: Chevron Richmond Refinery Pipe Rupture and Fire,” urges California to improve the process safety management regulations of petroleum refineries. A more “robust and adaptive regulatory regime”, says the report, would “greatly enhance” existing state and federal process safety regulations.
CSB chairperson, Dr Rafael Moure-Eraso, said, “The current regulatory system for process safety is largely reactive, at both the state and federal level; companies have a default right to operate, and are subject to penalties when accidents occur or their activities otherwise draw negative attention from regulators.
“In the case of the Chevron refinery fire, the reactive system of regulation simply did not work to prevent what was ultimately a preventable accident.”
In enhancing California’s regulatory systems, the report proposes: “A more comprehensive process hazard analysis; documented use of inherently safer systems analysis and the hierarchy of controls to the greatest extent feasible with the goal of continuous risk reduction to a specified risk target; analysis of the effectiveness of safeguards intended to control hazards; the effective use of process safety indicators that drive performance; and more thorough inspections and audits by a technically qualified regulator.”
Dr Moure-Eraso said such enhancements would free up the adaptability needed to stay apace of improving standards and advancing technology devoid of the regulator continually engaging in unproductive rulemaking.
“Workers, the public and the industry itself would benefit from an adaptable, robust and effective regulatory approach,” he explained. “ The recent bipartisan law passed last month by the California legislator to provide regulators with detailed information concerning extensive maintenance overhauls and repair operations at refineries within the state is certainly a step in the right direction.”
“The CSB,” added Dr Moure-Eraso, “will be holding a public meeting in mid December to release the third part of its investigation. The goal of the CSB’s work is to protect worker and public safety in California. I have great confidence that California will embrace the recommendations in our Regulatory Report.”
Chevron investigation
The report concluded that Chevron “repeatedly failed” over a ten-year period to implement inherently safer design principles and upgrade piping in its crude oil processing unit. It was this piping, says the report, which was “extremely corroded” and ruptured on August 6, 2012.
The report also warns of “a considerable problem with significant and deadly incidents at petroleum refineries over the last decade”.
Investigator Amanda Johnson commented: “The CSB’s regulatory report concludes that under the existing US and California regulatory systems, there is no requirement to reduce risks to a specific target, such as, for example, to as low as reasonably practicable, or ALARP, – similar principles have been adopted in Europe and Australia in the refinery and chemical sectors, as well as the nuclear and space sectors in the U.S.”
“Such a target would also require adaptability and continuous improvement which is vital in responding to newly discovered hazards and lessons from chemicals incidents.”
The Board approved Chevron regulatory report is the second of three in the CSB’s investigation of the 2012 incident.
More about the US Chemical Safety Board
The US Chemical Safety Board is an independent federal agency tasked with the prime objective of investigating industrial chemical accidents.
Whilst the Board does not issue citations or fines, it is responsible for making safety recommendations to plants, industry organisations, labour groups and regulatory agencies such as OSHA and EPA.
