CERTIFIED UNIFIED PROGRAM AGENCY SELF AUDIT 2013

Transcription

1 CERTIFIED UNIFIED PROGRAM AGENCY SELF AUDIT 2013 Date of Evaluation: September 30, 2013 Jurisdiction Name: CUPA: Contact Person Name: Address: Mailing Address: City of Berkeley City of Berkeley Toxics Management Division Nabil Al-Hadithy, Manager 2118 Milvia Street, 3rd Floor Berkeley, CA Same as above Telephone Number: (510) Fax Number: (510)

2 Table of Contents I. CUPA Self-Audit... 3 II. CalARP Performance Audit... 6 III. Summary Reports... 7 IV. Inspection & Enforcement (I&E) Plan Review and update

3 CUPA SELF-AUDIT A. Participating Agencies Evaluation The City of Berkeley Toxics Management Division (TMD), which is the Certified Unified Program Agency, does not have Participating Agencies. B. Deficiencies with a plan of correction Pursuant to Section (c) (1) of Title 27, TMD is reporting the following deficiencies and corrective action plan: i. Deficiency: Incomplete inspections of HMBP facilities every 3 years per California Health and Safety Code (Cal H&SC) section 25508(b). The TMD policy is to inspect a minimum of 33% of all sites each year. TMD inspected over 50% FY13 (Fiscal Year 2013), but still did not inspect about 20 facilities in a 3 year period, this is a 6% error rate. This was due to inspection tracking errors from data entry or corrupt data. The overdue facilities were overdue for considerably less than one year. The error was caused by data entry plus data mining errors. Correction: In 2012 TMD increased the number of inspections and should have caught up, as proposed in the 2012 self evaluation. To correct data entry plus data mining human errors, the TMD is considering making one administrative staff person lead Decade software person, which may improve data quality. TMD will continue to improve data entry so we can accurately mine data for last inspection dates. This is a continuous improvement process. ii. Deficiency: The TMD has shown improvements in training on enforcement, but FY13 has still shown inconsistencies. 19 Administration Enforcement Orders (AEOs) were issued in FY13, a big jump from previous years. However, some staff were unable to complete the required enforcement in a timely manner. Training was provided to all hazmat inspectors late in the fiscal year to correct deficiency, however, the corrective implementation took place after the FY13 reporting period. Correction: The CUPA Manager will need to increase supervision, and training of staff for required enforcements in FY14. C. Narrative Summaries The CUPA is required to include a narrative summary of the effectiveness of its permitting, inspections, enforcement, and single fee system activities pursuant to Section 15280(c)(2) of Title Inspection and Enforcement (I&E) Plan

4 1. Permitting The Berkeley Municipal Codes (BMC), reporting thresholds for hazardous materials are older than state codes. BMC Chapter 15 for the Hazardous Materials Business Plan (HMBP) is an aggregate of chemicals equaling 500 lbs, 200 cubic feet or 55 gallons. Extremely Hazardous Substance (EHS) thresholds are as described in California Health and Safety Code (Cal H&SC). City of Berkeley has no de minimis for radioactive or manufactured nanoparticles. Berkeley CUPA regulates the lower volume HMBP facilities as subject to state reporting, and state surcharges. Hence the City s CUPA has permitted some businesses with smaller than state thresholds found in Chapter 6.95 Div. 20 Cal. Health & Safety Code than reporting requirements. TMD uses an aggressive Business License review process, Building Permit review process, and field surveys to identify potential new businesses. TMD still has a backlog of facilities that need to be evaluated for threshold quantities. In 2013, electronic HMBP forms were submitted on CERS on Berkeley CUPA portal. These were reviewed by inspectors for completeness. If approved, and the facility is determined to be compliant, an annual Unified Permit is issued to the facility. Compliant facilities have paid their fees, submitted the required annual HMBP updates, and do not have any outstanding inspection violations. 2. Inspection and Enforcement Inspections: TMD s I&E Plan calls for inspecting Hazardous Materials Release Response Plan (HMRRP) and Hazardous Waste (HW) facilities every 3 years. California Accidental Release Prevention (CalARP), Large Quantity Generators (LQG), Underground Storage Tank (UST) and Tiered Permit facilities are inspected annually. Enforcement: The CUPA referred 2 facilities to the District Attorney s (DA s) office for civil/criminal enforcement. Walgreens was settled, and the Dollar Tree has not yet been processed. The TMD conducted the following enforcements in FY13: AEOs: formal actions were taken on HMRRP 1 formal action was taken on UST 3 formal actions were taken on HWG 366 informal actions were taken by CUPA Supplemental Environmental Project: 1 Penalties Assessed for AEOs: $6,501 Penalties Assessed for HWG: $50,300 Penalties Assessed for HWG SEP: $800 Referral to District Attorney for Civil/Criminal enforcement: 2 Training: TMD is fully involved in regional and state training, including Alameda County meetings and HW and UST Technical Advisory Group (TAG) meetings, and CUPA forum board meetings. The CUPA also conducts internal cross training. The level of training of Berkeley inspectors is at an exemplary level

5 3. Single Fee System The City of Berkeley adopted its single fee system prior to being established as a CUPA. The current fee resolution can be found at: _Toxics/Fee%20Schedule(1).pdf The fees cover all elements of the CUPA program. This fee schedule has not been amended since 2008, including state surcharges. TMD currently has a surplus of $598,860, which it plans to exhaust by FY15. In FY15 the TMD will consider a small fee increase. TMD includes CUPA and non-cupa fees in one fee resolution. Note that fees for locally collected information are included for such things as etiological agents, radiological agents and nanoparticles. There are also fees and hourly fees for remediation program elements. The hazardous waste fees adopted initially by the City were the same as state s own fee schedule, but were subsequently certified. 4. Discrepancies in Annual Reports No discrepancies reported in Fee Accountability Program The Berkeley CUPA has a schedule for annual CUPA fees and hourly fees for non-standard services. Hazardous waste fees are based on the volume of waste reported. HMBP fees are based on the volume and number of chemicals a facility reports in the HMBP. UST fees are based on the number of tanks. CalARP fees are based on the level of CalARP program. The fees are found on TMD s website Fees for the past year did not meet with the costs to run the program due to a fund balance that is being depleted. The fund balance was a result of salary savings from leave of absences without pay, personnel reductions. The surplus is expected to be depleted by the end of FY14. TMD will submit for a modest fee increase in FY14 to be applicable in FY15. TMD also has a fund balance from enforcement cases. These funds should be utilized by the end of FY16. The CUPA funds are separately tracked and surpluses cannot be expended on any other program. 5. Changes in local ordinances, resolutions and agreements Remove remediation or cleanup program from BMC. TMD will review recent updates of HMRRP code, and amend City of Berkeley s ordinance as necessary. The TMD does not envision increasing the reporting HMRRP thresholds to Cal H&SC

6 TMD is responsible for many non-cupa programs. These programs are: a. Additionally collected hazardous materials information for lower reporting thresholds and radiological, etiological, and nanoparticles; b. Plan Checks for large development projects that involve chemicals or that may excavate polluted soils and groundwater; c. Soil boring and well permitting; d. Emergency Response; e. Complaint Response; f. Staffing Community Environmental Advisory Commission; g. Storm water pollution prevention under Berkeley s NPDES municipal permit; and the h. Used Oil Program. The fees for some of these functions come from the City s General Fund (GF) which has been reduced. As a result, TMD has reduced its GF emergency complaint response, commission support, etc. TMD is considering giving up the Used Oil Program to Berkeley s Public Works. CalARP PERFORMANCE AUDIT During FY13, the City of Berkeley had two regulated stationary source within its jurisdiction. The two stationary sources were Bayer HealthCare and Pacific Coast Chemicals (PCC). Both facilities were inspected in this reporting year, and a Risk Management Plans (RMP) audit occurred at Bayer in December LISTING OF STATIONARY SOURCES COVERED BY CalARP (TITLE 19, CCR, SECTION 27805(d)(1)(D)) Bayer 800 Dwight Way Berkeley, CA Pacific Coast Chemical 2424 Fourth Street Berkeley, CA Date RMP Requested: March 10, 1998 Last Inspection Date: June 25, 2013 Initial RMP Submitted: Yes No 5 year Resubmittal June 22, 2009 Received: Audited: Yes No Yes No Public Comments On RMP: Date RMP Requested: August 15, 2011 Last Inspection Date: February 22, 2013 Initial RMP Submitted: Yes (partial) No 5 year Resubmittal Received: NA Audited: Yes No Yes No Public Comments On RMP: - 6 -

7 A LIST OF NEW OR MODIFIED STATIONARY SOURCES COVERED BY THE CalARP PROGRAM (Title 19, CCR, Section (D)(2)) PCC was requested to submit an RMP by September 1, 2012, for storage of ammonia, nitric acid, potassium cyanide and sodium cyanide in excess of reportable quantities. PCC completed most of their RMP, but made a business decision to reduce regulated materials below reportable quantities. PCC reduced ammonia, nitric acid, potassium cyanide and sodium cyanide quantities below reportable quantities by January 1 st 2013 and is no longer regulated as a CalARP stationary source. A SUMMARY OF ENFORCEMENT ACTIONS INITIATED BY THE CUPA IDENTIFYING EACH STATIONAARY SOURCE COVERED BY THE CalARP PROGRAM (Title 19, CCR, Section (D)(5)) Bayer had no CalARP violations in Fiscal Year A SUMMARY OF THE PERSONNEL AND PERSONNEL YEARS NECESSARY TO DIRECTLY IMPLEMENT, ADMINISTER AND OPERATE THE CalARP PROGRAM (Section (D)(7)) The CalARP program is implemented and administered by Nabil Al-Hadithy, PhD, and Meridith Lear. Dr. Al-Hadithy has over 15 years of experience implementing the CalARP program; Ms. Lear has 10 years of experience implementing this program. Ms. Lear s training includes Cal OES training at CUPA conferences, on-line training and participation in the CalARP TAG. Dr. Al-Hadithy has been trained in CalARP program requirements by Cal OES. LISTING OF STATIONARY SOURCES DETERMINED BY THE CUPA TO BE EXEMPT FROM THE CHAPTER PURSUANT TO SECTION 25534(b)(2) None. SUMMARY REPORTS All reports from the CUPA to CalEPA were submitted on time and without error and are attached. Report 1 Quarterly Surcharge was correctly submitted to the State on a quarterly basis. Report 2 Single Fee Summary shows a very minor difference between billed and collected. $ not collected out of $26, billed. No money is owed to the state Note: The City of Berkeley CUPA charges and submits the state surcharge for all regulated facilities, including facilities that are regulated by the lower threshold requirements of the Berkeley Municipal Code. The uncollected bills were equally small, having failed to collect $36,114 of $704,940 billed in 2013, or less than 1/10 th of one percent. The uncollected fees are due to late payment of fees or are the result of businesses that close without proper notification and leave no forwarding information

8 Report 3 Annual Inspections shows that there were 232 routine HMRRP inspections of 438 regulated facilities, which is over half the total number of facilities and more that meets the requirement to inspect all sites every 3 years. Report 4 Enforcement shows that all programs except the Aboveground Petroleum Storage Act (APSA) had a history of formal enforcement. However APSA program recorded 6 informal actions. Report 6 Semi-Annual UST shows that no new tank system went into service in Berkeley. No red tags were issued and no biodiesel variances were granted during the fiscal year. One formal enforcement, and 24 informal enforcements were recorded. INSPECTION & ENFORCEMENT (I&E) PLAN REVIEW AND UPDATE The Berkeley CUPA s I&E Plan calls for inspecting HMBP and HW facilities every 3 years, and inspecting CalARP, LQG, UST and Tiered Permit facilities annually. Minor amendments were made to the enforcement plan, favoring local Administration Enforcement Orders over referral to the DA. However, the TMD continues to consult with the DA on all serious enforcement cases