A Performance Standard Must Be Designed to Protect the Community, Not Tailored to What the Refineries Are Able to Meet with Enhanced Mitigation
A Performance Standard, with hydrogen fluoride (HF) phase-out if it cannot be met, has become the central approach adopted by the South Coast Air Quality Management District Staff for either a regulation or a memorandum of understanding (MOU) with Valero in Wilmington and PBF’s Torrance Refining Company, the only two refineries in California that use HF. SCAQMD welcomes community input, and the TRAA Science Advisory Panel of six South Bay scientists and engineers is providing expert professional advice with A Rule 1410 Performance Standard to Protect the Community. Its three parts are: 1) A Benchmark, which must be met to ensure the community remains safe if a major HF release occurs, 2) Release Scenarios, which could be caused by Earthquakes, Accidents, or Terrorists (EAT), and 3) Ground rules for the refineries’ attempt to Demonstrate by analysis, modeling, and testing that they can meet the Benchmark. Interim measures are also specified to increase community protection until HF is phased out.
The Performance Standard is summarized below and given with full rationales in the following sections.
- BENCHMARK TO PROTECT THE COMMUNITY
The general population, including susceptible individuals, shall not experience “irreversible or other serious, long-lasting adverse health effects, or an impaired ability to escape,” as proscribed by Acute Exposure Guideline Level 2 (AEGL 2). All points from the refineries’ fenceline and beyond, shall not exceed any of the AEGL 2 threshold concentrations for exposure durations of 10 minutes, 30 minutes, 60 minutes, 4 hours, and 8 hours.
- RELEASE SCENARIO
A rupture of any of the refinery’s HF Containment Subsystems releasing the entire amount of HF: 1) in any duration from 5 seconds to 4 hours or, 2) from the break of any size subsystem pipe.
- DEMONSTRATION BY ANALYSIS & MODELING
Only passive mitigation measures, defined by the EPA as “equipment, devices, or technologies that function without human, mechanical, or other energy input,” shall be allowed in the demonstration attempt. In accordance with the EPA’s RMP Guidance for Offsite Consequence Analysis for worst-case releases, active mitigation measures such as water spray shall not be allowed because they can be deactivated by the same calamitous event that causes the rupture.
No proprietary data shall be allowed in the analysis or modeling. If after six months the refineries can show they have a creditable plan that can meet the Benchmark, three years shall be allowed for the refineries to carry out a full-scale experimental demonstration to validate their analysis and modeling. Failure of the modeling or experimental verification shall mean all HF shall be removed from the refinery grounds within four years from the initial approval of Rule 1410.
- INTERIM ENHANCED MITIGATION
- To protect the public from HF releases in the interim, the refineries shall enhance their mitigation system as much as feasible as determined by the SCAQMD.
- The refineries shall have a SCAQMD-approved emergency plan in place within six months, and then institute it, at their expense, to remedy the shocking lack of medicine and facilities to treat victims of a major HF release.
- The refineries shall certify within six months, to the satisfaction of SCAQMD, that their operations are safe from a cyber-attack.
- The refineries shall demonstrate within six months that they have financial resources in place — through liability insurance, bonds, or corporate resources — to cover claims against them from 15,000 deaths (the estimated fatalities in the 1987 Bhopal, India catastrophe, which released a similar amount of toxic chemical found in one Torrance refinery settler tank). Bankruptcy is not an acceptable response.